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06 07 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, June 7, 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: 5 - 20 a) Minutes of Development Services Committee meeting held on Wednesday, May 3, 2023. 5. Public Meetings: 21 - 34 a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, South Part Lot 15, Concession 12, Part 1, 51 R-11797 Oro), Township of Oro-Medonte, municipally known as 1494 15/16 Sideroad East, 2023-ZBA-05 (Schell). 35 - 48 b) 5.45 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 3 East Part Lot 15 North East Part Lot 14 (Medonte), municipally known as 1165 Moonstone Road West, 2023-ZBA-07, (Bennett and Hatch) [Refer to Items 7e) and 5b) and e) 06 07 2023 Council Agenda]. 49 - 79 c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte; Concession 7 Part Lot 27 (Oro), municipally known as 112 Lakeshore Road West & 35 Shelswell Page 2 of 322 Boulevard, 2023-ZBA-10 (Dykstra) and Consent Applications 2023-B-09 and 2023-B-11. 6. Public Hearings: 80 - 100 a) 6:15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance Application 2023-A-19, Christopher Frank, 67 Lakeshore Road East. 101 - 130 b) 6:25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Application 2023-B-08 and Minor Variance Application 2023-A-20 by Huntlee Holdings Inc. 57 Line 7 North. 131 - 155 c) 6:35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-21, Terry and Thomas Crosbie, 4275 Line 10 North. 156 - 176 d) 6:45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-22, George Hawrysch, 1146 Line 5 South, 1160 Line 5 South and 7 Simcoe Avenue. 177 - 201 e) 6:55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-23, Monica and Ray Schiele, 129 Parkside Drive. 202 - 222 f) 7:05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance Application 2023-A-24, Steve Moffat, 1931 Ridge Road West. 223 - 255 g) 7:15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re: Consent Application 2023-B-07 by Trevor, Jennifer & Kevin Moore, 625 Line 12 North. 7. Reports of Municipal Officers: 256 - 276 a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By-law Amendment Application 2022-ZBA-14, Clayton Cadiou, 45 Ward Avenue [Refer to Item 5a) 06 07 2023 Council Agenda]. 277 - 281 b) DS2023-052, Danielle Waters, Planner re: Request for Temporary Trailer at 215 Scarlett Line by Justin and Connor Maas [Refer to Item 5d) 06 07 2023 Council Agenda]. 282 - 288 c) DS2023-053, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-12, Ryan Wood, 2355 Lakeshore Road East. 289 - 312 d) DS2023-054, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-69, Ron & Cheryl Bowler, 151 Line 5 North. 313 - 322 e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet and Wendy Hatch, Temporary Use By-law, Garden Suite (Granny Flat) 1165 Moonstone Road West [Refer to Items 5b) and e) 06 07 2023 Council Agenda]. 8. Next Meeting Date: Wednesday, July 5, 2023. Page 3 of 322 9. Adjournment: a) Motion to Adjourn. Page 4 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, May 3, 2023 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Regrets: Councillor Lori Hutcheson Staff Derek Witlib, Director, Development Services; Andy Karaiskakis, Senior Present: Planner; Catherine McCarroll, Intermediate Planner, Danielle Waters, Planner; Michael Barton, Township Planning Consultant; Yvonne Aubichon, Clerk; 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 MeetiNng *#%6,N 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 Page 1 of 16 Page 5 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. 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. Motion No. DSC230503-1 Moved by Greenlaw, Seconded by Young It is recommended that the agenda for the Development Services Committee meeting of Wednesday, May 3, 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, April 5, 2023. Motion No. DSC230503-2_. Moved by Bard, Seconded by Schell It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, April 5, 2023 be received and approved as printed and circulated. IV Carried. Page 2 of 16 Page 6 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. 5. Public Meetings: 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, Part Lot 20, Concession 5, (Oro) Guthrie Settlement Area (Doncor Developments Inc.). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Doncor Developments Inc. The following correspondence was received: Canada Post dated April 13, 2023, Ministry of Transportation dated April 13, 2023, Hiawatha First Nation dated April 14, 2023; Township of Oro-Medonte, Operations Division dated April 17, 2023, Township of Oro-Medonte, Building Division dated April 18, 2023; Lake Simcoe Region Conservation Authority dated April 25, 2023, Township of Oro-Medonte, Environmental Services Division dated April 27, 2023; Manager, Development Engineering dated April 27, 2023 including correspondence dated October 14, 2022 from Jones Consulting Group Ltd.; Donna Veenstra dated April 29, 2023; Todd and Kim Selkirk dated April 30, 2023; Petition submitted May 1, 2023; Brent and Dalyce Hutchinson dated May 2, 2023; Pat O'Malley dated May 2, 2023. N "4� 'X The Committee acknowledged the following representatives, in attendance, from the County of Simcoe: Lynn Dollin, Simcoe County Councillor, Doug Measures, Simcoe County Councillor, Nathan Westendorp, Director of Planning and Chief Planner; and Jonathan Magill, Deputy Clerk. 40010101hk.� Michael Barton, Township Planning Consultant, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. James Hunter, on behalf of the applicant, was present. A PowerPoint presentation was presented. The following provided public comments: Victoria Veenstra provided comments of her support of the application. Beverly Pollock provided comments of a petition she circulated to stop the development, opposition regarding access, well and septic, having proper drainage, the dead end street, increased traffic, safety concerns, would like a plan to stay the same, heavy equipment off of Line 5 and children playing during the construction in the area. Sarah German provided comments of issues with wells when drilling and intermittent pressure, sludge and smell, lived there for 15 years and never had a concern, location of well and septics, flooding water does not flow properly, future development concerns, Page 3 of 16 Page 7 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. speeding concerns, access to the arena, the view and future settlement affecting their street. Mixemong Brownbill provided comments of flooding, water flow and the loss of land each year, a request for new drainage, water/testing comments, love of the area, concerns of increased population, tax increases, and speed limit concerns, Donna Veenstra provided comments of the rural nature of the community, developments are usually large and this is a small development which would allow people who love the area to be able to live here, this kind of development will not change the nature of the land for the development proposed. Chad Robinson provided comments regarding the 20 metre berm behind the lots to inquire the purpose of the berm. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. 6. Public Hearings: a) DS2023-034, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-12, Ryan Wood, 2355 Lakeshore Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Ryan Wood. The following correspondence was received: Hiawatha First Nation dated April 19, 2023, Township of Oro-Medonte, Manager, Development Engineering Division dated April 19, 2023; Lake Simcoe Region Conservation Authority dated May 1, 2023. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Ryan Wood, applicant, was present. The following provided public comments: Susan Smiley provided comments regarding the sloped land, there is not enough room between the properties, the elevation of the lot, drainage and lighting concerns. Joanne Boville provided comments of the well location, the access and height of the garage, submitted written correspondence, concerns about the size of the building, well Page 4 of 16 Page 8 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. and replacing pump concerns, provided history of property, drainage issues and height concerns. Lorraine Wanwick provided comments that cars are to be parked on the first level and the second level is for storage. 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. Mayor Greenlaw assumed the Chair. Motion No. DSC230503-3 Moved by Lavoie, Seconded by Young It is recommended that Minor Variance Application 2023-A-12 by Ryan Wood, 2355 Lakeshore Road East be deferred to the next available meeting to allow the applicant the opportunity to remove the short term listing and submit elevation drawings. Carried. Deputy Mayor Lavoie assumed the Chair.'! b) DS2023-030, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Randy Sheldrake. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 18, 2023, Hiawatha First Nation dated April 19, 2023, Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Randy Sheldrake, applicant, was present. Staff confirmed that no additional public registrations were received. Page 5 of 16 Page 9 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. 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. DSC230503-4 Moved by Bard, Seconded by Clark It is recommended 1. That DS2023-030, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road 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. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. c) DS2023-037, Danielle Waters, Planner re: Minor Variance Application 2023-A-14, Craig Shelswell, Concession 11 West Part Lot 9 (Oro). 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 Craig Shelswell. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 18, 2023, Township of Oro-Medonte, Building Department dated April 19, 2023, Township of Oro-Medonte, Manager, Development Engineering, dated April 19, 2023, Hiawatha First Nation, dated April 24, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Craig Shelswell, applicant, was present. Staff confirmed that no additional public registrations were received. Page 6 of 16 Page 10 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. 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. DSC230503-5 Moved by Schell, Seconded by Young It is recommended 1. That DS2023-037, Danielle Waters, Planner re: Minor Variance Application 2023-A- 14, Craig Shelswell, Concession 11 West Part Lot 9 (Oro) Township of Oro- Medonte 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) Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2023-037. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. N716- '*6 d) DS2023-038, Danielle Waters, Planner re: Minor Variance Application 2023-A-15 by IKD Inc., 257 Moonstone 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 IKD Inc. The following correspondence was received: Township of Oro-Medonte, Operations Division dated April 18, 2023, Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 7 of 16 Page 11 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. Motion No. DSC230503-6 Moved by Clark, Seconded by Greenlaw It is recommended 1. That DS2023-038, Danielle Waters, Planner re: Minor Variance Application 2023-A- 15 by IKD Inc., 257 Moonstone Road East 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 DS2023-038. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. X, e) DS2023-035, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-16, Karrie Thomson & Andrew Rother, 9 Georgian Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Karrie Thomson & Andrew Rother. Affiffilr " � The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 17, 2023, Township of Oro-Medonte, Operations Development dated April 17, 2023, Severn Sound Environmental Association, dated April 19, 2023. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Karrie Thomson and Andrew Rother, applicants, were present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 8 of 16 Page 12 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. Motion No. DSC230503-7 Moved by Schell, Seconded by Bard It is recommended 1. That DS2023-035, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-16, Karrie Thomson & Andrew Rother, 9 Georgian Drive 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 DS2023-035. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. f) DS2023-031, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-17, Theresa Ainsley & William Kersey, 5363 Line 9 North. b" 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 Theresa Ainsley & William Kersey. - The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 18, 2023, Township of Oro-Medonte, Operations Division dated April 18, 2023, Severn Sound Environmental Association, dated April 19, 2023, Ministry of Transportation, April 21 , 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Mathew Smitham, 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. Page 9 of 16 Page 13 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. Motion No. DSC230503-8 Moved by Greenlaw, Seconded by Clark It is recommended 1. That DS2023-031, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-17, Theresa Ainsley & William Kersey, 5363 Line 9 North 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. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. %46# N Carried. g) DS2023-040, Derek Witlib, Director, Development Services re: Minor Variance Application 2023-A-18, Rod & Val Kunynetz, 243 Lakeshore Road West. 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 Rod & Val Kunynetz. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2023, Township of Oro-Medonte, Operations Division dated April 19, 2023, Fred Stott dated April 26, 2023; Lake Simcoe Region Conservation Authority dated May 1, 2023; Graham and Debby Western dated May 3, 2023. Derek Witlib, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Matt Reid, on behalf of the applicant, was present. Van Kunynetz, applicant, was present. The following comments were provided: Graham and Debbie Western provided concerns regarding the reduction in the minimum exterior side yard, the removal of trees, loss of screening, shade, scenery and privacy, water run off concerns, erosion and run off into lake, their drinking water and character of the neighbourhood. Page 10 of 16 Page 14 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. 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. DSC230503-9 Moved by Schell, Seconded by Bard It is recommended A#6, 1. That DS2023-040, Derek Witlib, Director, Development Services re: Minor Variance Application 2023-A-18, Rod & Val Kunynetz, 243 Lakeshore Road West be received. 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 DS2023-040, as amended, to add as Condition d) and renumbered accordingly, d) That the applicants submit to the satisfaction of the Lake Simcoe Region Conservation Authority a shoreline planting plan consisting of natural self- sustaining vegetation; 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. h) DS2023-036, Andy Karaiskakis, Senior Planner re: Consent Application 2023-B-03, Brenda Nightingale, 83 Hummingbird Hill Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Brenda Nightingale. The following correspondence was received: Township of Oro-Medonte, Manager, Development and Engineering dated April 19, 2023, Arlene Bissette dated April 25, 2023, Hiawatha First Nation dated April 24, 2023, Township of Oro-Medonte, Operations Division dated April 25, 2023, County of Simcoe, Planning Department dated April 26, 2023, Enbridge Gas Inc. dated April 27, 2023, Jolene Bradley and Derek Orvis dated April 30, 2023. Page 11 of 16 Page 15 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jerome Parchment, on behalf of the applicant, was present. Brenda Nightingale, applicant was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230503-10 Moved by Greenlaw, Seconded by Clark It is recommended 1. That DS2023-036, Andy Karaiskakis, Senior Planner re: Consent Application 2023- B-03, Brenda Nightingale, 83 Hummingbird Hill Road 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 DS2023-036. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Motion No. DSC230503-11' Moved by Clark, Seconded by Bard It is recommended that Rule 14.19a), as per the consolidated Procedural By-law No. 2017-165 be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. Page 12 of 16 Page 16 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. i) DS2023-039, Danielle Waters, Planner re: Consent Application 2023-B-04, Paul & Slawomira Weber, 3325 Line 4 North, 3315 Line 4 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Paul Weber. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 18, 2023, Township of Oro-Medonte, Operations Division dated April 18, 2023, County of Simcoe, Planning Department dated April 26, 2023, Enbridge Gas Inc. dated April 27, 2023. Aier Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Kory Chisholm, on behalf of the applicant, was present. Nick L'Ecuyer, owner of benefitting lot of abutting owner, was present. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230503-12 Moved by Bard, Seconded by Young "Wm"q%L, It is recommended 1 . That DS2023-039, Danielle Waters, Planner re: Consent Application 2023-B-04, Paul & Slawomira Weber, 3325 Line 4 North, 3315 Line 4 North be received and adopted. 2. That Consent Application 2023-13-04 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 DS2023-039. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 13 of 16 Page 17 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. j) 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. 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 George Hawrysch. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated April 19, 2023, Township of Oro-Medonte, Operations Division dated April 19, 2023, County of Simcoe, Planning Department dated April 26, 2023, Township of Oro-Medonte, Building Division dated April 27, 2023, Enbridge Gas Inc. dated May 1, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. George Hawrysch, applicant, was present. 'IWW Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. � ' 'V& ARNV�� There being no further comments or questions, the hearing adjourned. Page 14 of 16 Page 18 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes - Wednesday, May 3, 2023. Motion No. DSC230503-13 Moved by Clark, Seconded by Greenlaw It is recommended 1. That 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 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 DS2023-032. 3. 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 DS2023-032. 4. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature Carried. 7. Reports of Municipal Officers: 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]. Motion No. DSC230503-144 Moved by Schell, Seconded by Bard It is recommended 1 . That DS2023-009, Danielle Waters, Planner re: 2023-ZBA-02, Level Design Inc., Zoning By-law Amendment, 529 Mount St. Louis Road West 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 appropriate draft By-law be brought forward for Council's consideration. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 15 of 16 Page 19 of 322 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, May 3, 2023. 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. Motion No. DSC230503-15 Moved by Greenlaw, Seconded by Young It is recommended that 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 be received. Carried. 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: Wednesday, June 7, 2023 9. Adjournment: a) Motion to Adjourn. Iquhk Motion No. DSC230503-16, Moved by Schell, Seconded by Clark MEN It is recommended that we do now adjourn at 9.41 p.m. 'W Carried. An audio recording is available through the Township's website. Chair, Deputy Mayor, Peter Lavoie Director, Development Services, Derek Witlib Page 16 of 16 Page 20 of 322 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for (t1rY /I'� r'�zlf' Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-05 (Schell) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Acton the 29th day of March, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on June 7, 2023 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as South Part Lot 15, Concession 12, Part 1, 51R- 11797 (Oro), Township of Oro-Medonte, municipally known as 1494 15/16 Sideroad East.A key map illustrating the location of the subject lands, and a copy of the applicants site plan are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to site- specifically amend the Residential One (R1)Zone on the lands to add a"Bed & Breakfast Establishment" as a permitted use on the lands. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mun icipal-services/plan ninq-information. Written submissions can be made by: 1. Emailed to plan ninW( oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(Qoro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 21 of 322 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Director, Development Services planning6d�oro-medonte.ca Dated at the Township of Oro-Medonte this 8t" day of May, 2023. Location Map [T_ �i = 15/16 Srd.E. z c J Ea9CWay Ct. ®Subject Lands Page 22 of 322 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Sketch 14 �iAk'R�E 4 cRR 47 DOIS5 wqy A±�K ScFIELL /�E56t"NCE 33, Page 23 of 322 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) v Location: 1494 15/16 Sideroad H East o Zoning: Residential One (R1 ) 0 srssrd ILLE I F CD Official Plan: Rural Settlement L CD Area sa,. 0 Current Use: Residential and v Bed & Breakfast 0 3 m m v D m � N — Pr—d Heritage,Exciting Fufurr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Cn v Purpose: The purpose and effect of the proposed Zoning By-law Amendment is w to site-specifically amend the Residential One (R1 ) Zone on the lands to add a "Bed & Breakfast Establishment" as a permitted use on the lands. z 0 CD x CD 0 v n 0 3 CD CD v D m � O N — O � Township 0 Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Ull Q4� . Aerial Photo: 1474 Z 1610 J 838 833 z O t, 828 0 creels, , CD "' ezo 829 soz O 1 - 1r1723�845. 815 0 fie . I...�._. �' �F 15/16 Srd.E. 0 J tan F � 1499a ,505 1523 ,535 1549 ^ ,y14F1 116r `J f6 y 3 f 001CD 'I,- CD Eagle Way Ct. 775 Op v Pr—d Heritage,Exciting Fururr z O .-f 0 CD O Zoning By-law Amendment Application 2023-ZBA-05 (Schell) v Aerial Photo: 0 z 0 CD CD CD _0. '�• v 0 3 CD CD r. D m N - 11 O - 0W N) rum h;p I 0 0 lr-/tQ'� �E;CGVYGGG Prai�r(HnHMg,,Es W,%Ferhirr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Cn v Existing Zoning: M � A,Oa 3 0 CD 0a 0 uAa CD 0 CD 15/ta Sr E. 0 tit A/0a 0 Subject Lands Ea,a way CL 0 3 R1 (Residential One) ""a Cu RUR2(Rural Residential Two) CD c A/RU(Agricultural/Rural) CD w EP(Environmental Protection) n o I(Institutional) N V1Y/G�N Pr—d Heritage,Ex W,,g Fufurr z 0 .-f 0 CD 0 h Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Cn v Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 0 z 0 0 m � II o I.. CID m �� -Ia ED= o _- 0 CD m Agricultural Agricultural Agricultural (D � Rural Settlement Area Greenlands Settlements n o' M Oro Moraine Core/Corridor Area Rural Settlements GreenlandsO N sfr�CCtiG(!/� N Pr—d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) v Applicant's Sketch: N W 0 z T O CD 1a O laAiPA�r'e 2 CAR �' �(l (D CD O v n 47 r O DKtJe W9y/ 3 (D (D v D ScNELL h�ESr6�iVCE � CO — o n Prard Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application 2023-ZBA-05 (Schell) W 0 I� l � - CD ` w 0 m \CDD _0. ' 0 0 3 5 (D Subject lands View along - > easterly lot line Notice sign posted 0 o v W ip 0 N Praiir(Hrri�nRr,Ezrifing Ferliirr Z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Cn fix. O q 3 ., z r§ 0 C. x` t 0 0 ("#�a CD. 0 m fi m D N Looking east along 15- Looking west along 15- . 16 Sideroad 16 Sideroad ' { N Pr-d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Cn 0 0 CD CD �. I Y rv. #}I 0 m m Rear yard amenity space View of rear of dwelling w — W o � v Pr—d Heritage,Exciting Fupurr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-05 (Schell) Cn v Recommendation: w 0 This concludes staff's summary/overview of the planning context and summary of the applications. 0 0 0 There will be no decision made at tonight's meeting. The purpose is to receive ;U CD public comments. 0 A recommendation report will be prepared by Staff and the applications will be v n considered by the Committee at a future date once comments from the public, 0 agencies and Township Departments are received and a planning analysis is completed. W — O o v Township 0 Pra d Hrriingr,Ez iiing Ferliirr z 0 .-f 0 0 0 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-07 (Bennett and Hatch) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 10t" day of May, 2023. Take notice that the Council of the Township of Oro-Medonte will hold a livestreamed Public Meeting on June 7, 2023 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 3 East Part Lot 15 North East Part Lot 14 (Medonte) and municipally known as 1165 Moonstone Road West. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to permit the construction of a garden suite (temporary 2nd dwelling unit) for a temporary period of twenty (20) years, and to permit the garden suite within the 30.0 metres setback of the Environmental Protection zone. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(a)oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning6d�oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within Page 35 of 322 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Director, Development Services plan ning(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 11t" day of May, 2023. Location Map Z d I Moonstone-Rd:W: IL J ®Subject Lands Page 36 of 322 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch wv . . r kill Ir TE � Yrd S •+�y t Page 37 of 322 Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Cn Location: 1165 Moonstone Road z ` West 01 —Moon)tone-Rd..W. i I Zoning: Agricultural/Rural (A/RU) & Environmental Protection (EP) CD i% 0 CD Official Plan: Environmental �� ' Protection (EP) & Rural 0 Q Current Use: Residential ®SubRR WMs / -mm l V lVmV v D m w - w �. 0Cj v Pr—d Heritage,Exciting Fufurr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Cn Purpose: The purpose and effect of the proposed Zoning By-law Amendment is to permit the construction of a garden suite (temporary 2nd dwelling unit) for a temporary period of twenty (20) years, and to permit the garden suite within the 30.0 metres setback of the Environmental Protection zone. 0 CD x CD 0 v n 0 3 CD CD v D m � w — m �. o v W Township of ���,,..����� 0 P"'d HrHll gr,Ez iimg Ferliirr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Aerial Photo: � a � y O 0 (D O � Moon'sTan e-RH�W. 19 x CD R CD .-f O 1629 10 M 1611 ^` ^ 65 Q _ 3 CD Y lV t , 253 96 O 5610 N Pr-d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Existing Zoning: 01 z 0 0 CD 0 CCDuwroo CD _0 Q 0 0 3 -a CD Subject Lands CCD > A/RU(Agricultural/Rural) _0 (D _0 EP(Environmental Protection) At. 0 0 OS(Open Space) W 0 N) T—hip�f N) P Arad Heritage,Exciting Ft,,e z 0 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Cn Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: Cn 1W 3 z 0 2 0 CD 0 CD 0 (Do IQ 0 0 CD O CD > Environmental Protection Two (D L Greenlands Greenlards Rural —r Major Open Space Rural IJ = Rural 0 0 — Environmental Protection One IA N) Pr—d Heritage,Exciting Ft,,e z 0 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Cn Applicant's Site Plan a {- Cn 3 " 0 lV y 0 r 0 a (D 5 0 m < :. m v m + 7b`�'�`h'? {9' 0 Pr—d Heritage,Exciting Fufurr z 0 r-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) Cn Applicant's Elevation Drawings: Cn 3 z 0 FHI CD CD FRONT ELEVATION RIGHT ELEVATION (D O Iy 0 FEIIGy a (D (D v TRADMONAL DORMER IMPERAL DORMER D ((D aap pmwExr (D � REAR ELEVATION LEFT ELEVATION — 0. O W N V/(F� Pr—d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-lawAmendment • • • 1 1 (Bennett • c1l1: g,M hsi M CD CD • i1►' aq ma k° t � kw K v s a .:.� .,,;�. '� .. �trr+ �+ram _ • • K x ar y • CD (D Looking east along Looking west along _PI Notice sign posted Cn • Moonstone Moonstone Zoning By-lawAmendment • • • 2023-ZBA-07 (Bennett • CD CD 4 i � • 1View of lands Proposed location Existing • ellin. • • • Moonstone ' �� r r r • CD Zoning By-law Amendment Application 2023-ZBA-07 (Bennett & Hatch) _. Cr CD ��4 F O CD F to (D a, .roc. i 3 (D (D Existing accessory structures �0 N Pr—d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment and Consent Applications 2023-ZBA-07 (Bennett & Hatch) Recommendation: Approve It is recommended: 1. That Report No. DS2023-048 be received and adopted. z 0 2. That Zoning By-law Amendment Application 2023-ZBA-07 and Temporary Use By-law 2023-045 by Grant Bennet and Wendy Hatch, specifically to permit a Garden Suite for the lands known as 1165 Moonstone Road West for a period of up to twenty(20) m years, be approved. 0 h X m 3. That the Deputy Clerk bring forward the appropriate by-laws to adopt a Temporary Use By-law and to execute an agreement for m the lands known as 1165 Moonstone Road West, Township of Oro-Medonte, for the purposes of a Garden Suite for a period of _O_ up to twenty (20)years. 0 v 4. And that the applicants be advised of Committee's decision under the Director, Development Services signature. 0 3 m m v D m � CO 0. o v CO Township of ���,,..����� 0 Pra d Hrriingr,Ez iiing Ferliirr z 0 .-f 0 CD 0 h 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for (t1rY /I'� r'�zlf' Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-10 (Dykstra) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Act on the 4th day of May, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on June 7, 2023 at 6:00 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 7 Part Lot 27 (Oro), municipally known as 112 Lakeshore Road West&35 Shelswell Boulevard.A key map illustrating the location of the subject lands, and a copy of the applicant's site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the lands from the Light Industrial (LI)Zone to the Residential One Exception (R1*#)Zone and the Shoreline Residential Exception (SR*#)Zone to permit the creation of two new residential lots. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mun icipal-services/plan ninq-information. Written submissions can be made by: 1. Emailed to plan ning(a)oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(a)oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 49 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Director, Development Services planning6d�oro-medonte.ca Dated at the Township of Oro-Medonte this 121h day of May, 2023. Location Map m_ Geor9e�st 1 - t Coventry°� --- ghelsw ell BI1T `I ---uakeshore-R�Wj T ®Subject Lands Page 50 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch F: 1 F: ! c,F: F:1 F: c•F; _`�w7 ® Lands to be re-zoned from the Light Industrial (LI)Zone to the Residential One Exception XXX(R1-XXX)Zone Lands to be re-zoned from the Light Industrial (LI)Zone to the Shoreline Residential Exception YYY(SR-YYY)Zone Page 51 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... The Corporation of The Township of Oro-Medonte 148 Line 7 S, Oro-Medonte, ON, LOL 2EO, 705-487-2171, www.oro-medonte.ca May 12, 2023 Consent Application Notice of Public Hearing Hearings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Hearings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public hearings. Please refer to the Township's website (oro- medonte.ca) for Public Hearing viewing and participation information. Hearing Date: June 7, 2023 Time: 6:00 PM Hearing Township of Oro-Medonte Council Chambers Location: 148 Line 7 South, Oro-Medonte ON LOL 2E0 Applications: 2023-B-09 &2023-B-10 Owner/Applicant: Eric Dykstra Location: 112 Lakeshore Road West and 35 Shelswell Boulevard Purpose of Application 2023-B-09: The applicant is requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed consent (severance)are: Lands to be Severed: Lands to be Retained*: Fronta e: Approximately 22.75 m 74.6 ft. Approximately 45.72 m 150.0 ft. De the Approximately 33.53 m 110.0 ft. Approximately 60.91 m 199.8 ft. Area: Approximately 0.08 ha 0.19 ac. Approximately 0.3 ha 0.7 ac. Use: Residential Residential *Dimensions of the retained lands following Consent Applications 2023-B-09 and 2023-B-10. Purpose of Application 2023-B-10: The applicants are requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed consent (severance)are: Lands to be Severed: Lands to be Retained*: Fronta e: Approximately 22.75 m 74.6 ft. Approximately 45.72 m 150.0 ft. De the Approximately 33.53 m 110.0 ft. Approximately 60.91 m 199.8 ft. Area: Approximately 0.08 ha 0.19 ac. Approximately 0.3 ha 0.7 ac. Use: Residential Residential *Dimensions of the retained lands following Consent Applications 2023-B-09 and 2023-B-10. Location Map: �T °wardD�J�i�1J l'11 r _ / H \ r eorg _ - , G 1 `�QTryri� _ I j l -- , -- J- ®S,bj-woes Page 52 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Application: 2023-B-09&2023-B-10 Notice of Public Hearing Page 2/3 Have Your Say: Input on the application is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro- medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(j�oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the hearing on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process, which includes publication on the Township's website. The applicant, the Minister or a specified person or public body may submit an appeal of the decision to the Ontario Land Tribunal (OLT). If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the application, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Secretary-Treasurer, Development Services plan ningaoro-medonte.ca More Information: For further information, please contact the Secretary-Treasurer during regular office hours Monday to Friday 8:30 a.m. to 4:30 p.m. A copy of the Staff Report will be available to the public on June 2, 2023 on the Township's Web Site: www.oro-medonte.ca or from the Development Services Department. Andy Karaiskakis Secretary-Treasurer Page 53 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Application: 2023-B-09&2023-B-10 Notice of Public Hearing Page 3/3 Applicant's Consent Sketch H E L WELL B 0 U L E V A RD N 49"° 5'45°° E A5,4$4 m [ 1A9-26') - T -7 — — — — �:2. Sm I 2275em � I Y I 1 PROPOSED tv I PROPOSE 1 ' NEW LOT 1 P, I NEW LOT 2I � I 3 6 0-65 sm 76267 SIP I 1 � 5TM 6.Uri;7°MG I �C Nt uG+r�L3'r�i�: 75r- - k � - . I- _ i•yy 0 N4` '`32°03"E+ {d £lETll °iFl ri�FA:GF JL�CiL I z 4• I 'a'I 1 ?nw�ti kv,y° FriK—1 1��'7-1,14 LO rp rn [7 Ii PNG DWELII i�G 1 t T[]a'+.L.iiAlW � �•.«r� 4} RETAINED LET �-1-� � 4, I GAYIVI.7 I N A9'35'A5°° E 45.720 m [ 150.00'] LIEH0RE ROAD 4' ET Page 54 of 322 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Cn Location: 112 Lakeshore Road ., ,. o West & 35 Shelswell Boulevard _ -� En Zoning: Local Industrial (LI) r o CD Coventry^ Official Plan: ShorelineCD CD �- _ A Current Use: Residentiol _WRd o 3 ®sett I,- -a CD m v D m cn — Ul �. 0 v Township 0 Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Purpose of 2023-ZBA-10: The purpose and effect of the proposed Zoning By- law Amendment is to rezone the lands from the Light Industrial (LI) Zone to the 0 0 Residential One Exception (R1*#) Zone and the Shoreline Residential Exception (SR*#) Zone to permit the creation of two new residential lots. 0 0 0 X 0 0 0 0 v n 0 3 CD v D m � <n — rn �. 0co (9 v N) Township of ���,,..����� 0 Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 CD 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Purpose of 2023-B-09: The applicant is requesting consent to sever lands for 0 the purpose of the creation of a new residential lot. The details of the proposed 0 consent (severance) are: z Lands to be Severed: Lands to be Retained*: Frontage: Approximately 22.75 m (74.6 ft.) Approximately 45.72 m (150.0 ft.) m Depth: Approximately 33.53 m (110.0 ft.) Approximately 60.91 m (199.8 ft.) 0 Area: Approximately 0.08 ha (0.19 ac.) Approximately 0.3 ha (0.7 ac.) CD Use: Residential Residential m *Dimensions of the retained lands following Consent Applications 2023-B-09 and 2023-B-10. o v 0 0 3 CD CD v D m � cn — o v Township of �,.�� 0 N C�/�Q��AE��!,(!/GGV Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Purpose of 2023-B-10: The applicant is requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed 0 0 consent (severance) are: z Lands to be Severed: Lands to be Retained*: Frontage: Approximately 22.75 m (74.6 ft.) Approximately 45.72 m (150.0 ft.) m Depth: Approximately 33.53 m (110.0 ft.) Approximately 60.91 m (199.8 ft.) 0 Area: Approximately 0.08 ha (0.19 ac.) Approximately 0.3 ha (0.7 ac.) CD Use: Residential Residential (D *Dimensions of the retained lands following Consent Applications 2023-B-09 and 2023-B-10. o v 0 0 3 CD CD v D m � <n — 00 �. 0Cj v N) Township 0 C�/�Q��AE��!,(!/GGV Praiir(HrrinRr,Ezrifing Ferliirr z 0 .-f 0 CD 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Aerial Photo: 0 O ShelsWell Blvd. 3 g> z . .."'F 31 O P — CD t O 7 _ —hs CD 18 06 0 198; .-f O M 0 O ore Rd.W �1� 1a � Lakesh _ (D (D 3 D (D h23 121 119 117 115 � 1@5 Pr—d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Existing Zoning: z 0 m v "/9 CD d- H°wery Dr 0 P/y I ' a l ge s I (D 0 (D cov. ° n ewa. -a-- s"siswe Subject Lands P, v R1 (Residential One) ' �a"e9"°�RaW sR 0 SR(Shoreline Residential) °' - _ LI (Local Industrial) CD Lake m 0 A/RU (Agricultural/Rural) Simcoe rD EP(Environmental Protection) rn — C) OS(Open Space) 0 o N V1Y/G'efl��K�CG(!I N Pra d Heritage,Exciting Fufure z 0 .-f 0 0 0 h Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 0 0 . r 0 3 lon, _-I Y or 1 m, T / \V —. C s e✓n � � - lky / — 0 0 0 t Lake — Simcoe iv D O Environmental Protection Two Greenlands (D Greenland s � �'Rural Rural � 0 Shoreline _ Rural (� 0 — Shoreline v Major Open Space 0 N V1Y/G'efl��K�CG(!I N Pr—d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Applicant's Zoning Sketch: , , ' ' SF F 3 Fa z u O 4 (D O (D 0 (D O v n O a5 - (D v ® Lands to be re-zoned from the Light Industrial{LIJ Zone (D to the Residential One Exception XXX(RI-XXX)Zone D (D CY) ® Lands to be re-zoned from the Light Industrial(LI)Zone N — to the Shoreline Residential Exception YYY(SR-YYY(Zone O N V1Y/G' N Pr—d Heritage,Exciting Fufure z O .-f n CD O h Zoning By-law Amendment & Consent Applications 2023-ZBA-10) 2023-B-09 & 2023-B-10 (Dykstra) Applicant's Consent S H E L 5 W E L L 6QULEVARD Sketch• — N49'35'45°E 45.494m[149.26') 0 -i- -5-JT jPROPOSED PROPOSE o NEW LOT 1 3 I NEW LOT I E 0 760.65 rm I 762.67 ' suHou�m�o ' a 0 I .:pneamone I (D 0, xxes. I vrs. 3 0 >; orcuuuorTf lam. IZ N49°32'WE± (U 0.364 d 0 �r [1-8572 l � 0 PROPOSED RETAINED LOT 2763.13 rm' . Iv 0 ` 9 M D N49°$5'45°E 45J20m[�5Da9'] W �. 0 L A K E 5 H 0 R E ROAD WEST N Pr—d Heritage,Exciting Fufurr z O r-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) b � � Y 0 z, r 0 — . CD 0 CD 0 '-F UTMZ ak �� { ! hb ^3 0 0 '-F 0 Looking north east along Lakeshore Looking south west along Lakeshore Road West Road West W O tTow�h;p of N Pr—d Hn img,,Ezriiinq Feehnr z 0 .-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) N a 0 a � Fx � CD OA RG. ;•E f � F der r CD CD 0 (D (D Looking north east along Shelswell Looking south west along Shelswell Cn Blvd. Blvd. 0 71 7% v 0 N V1Y/G'efl��K�CG(!I N Arard Hrritagr,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) ° o 0 0 w tlanle 4 � r v 0 „ 0` ° a e CD nee I TPl wnww. � 0 r - ; se rera m m 0.: oom �� yaw�s a�a panovs�o 1 aalzo MEzo n a CD CD �' ';'� '• .o V m9 art 0 . � Notice signs posted o v Township of �,.�� 0 N C�/�Q��AE��!,(!/GGV Praiir(HrrilnRr,Ezrifing Ferliirr z 0 e-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) w r O x O O - (D M a - D. , . Existing detached accessory Existing single detached dwelling on building on the lands to be retained the lands to be retained o � v N Pr-d Heritage,Exciting Fufurr z O .-f 0 O O Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) O f -' ur 0 —= 0 (D CD k _ — p 0 1, �r 0 Existing detached accessory building Existing detached accessory building CO on the lands to be retained on the lands to be severed. O 0 N OtT N Pr—d Herilgr•Ea W,,g Future z 0 .-f 0 0 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) vv o z 0 CD CD CD t 0 .r CD CD Proposed lot #1 to be severed Proposed lot #2 to be severed � v Pr—d Heritage,Exciting Fufurr z 0 .-f 0 CD 0 Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) �r O Ow .-f 0 O O CD n _O ra O e 4 O (D CD Existing vegetation along the east Existing vegetation along the west interior side lot line interior side lot line NO 0 o v N Pr-d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment & Consent Applications 2023-ZBA-10, 2023-B-09 & 2023-B-10 (Dykstra) Cn Recommendation: 0 0 This concludes staff's summary/overview of the planning context and summary of the applications. 0 0 0 There will be no decision made at tonight's meeting. The purpose is to receive ;U CD public comments. 0 A recommendation report will be prepared by Staff and the applications will be v 0 considered by the Committee at a future date once comments from the public, 0 agencies and Township Departments are received and a planning analysis is CD CD completed. 0 N 0/Q��AE��!,(!/GGV N Pra d HrHll gr,Ez iimg Ferliirr z 0 .-f 0 CD 0 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... PUBLIC MEETING June Consent Applications 2023-B-09 & 2023-B-10 & Zoning By-law Amendment Application 2023-ZBA-10 35 Shelswell Boulevard & 112 Lakeshore Road West MIRIAM E. VASNI, MCIP, RPP LAND USE PLANNING & PROJECT MANAGEMENT Page 72 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... PURPOSE Purpose of this Public Meeting is to seek public input on the two Consent applications and Zoning By-law Amendment application on those lands described municipally as 35 Shelswell Boulevard & 112 Lakeshore Road West. It is unknown why this parcel has two addresses. CONSENT APPLICATIONS: Create 2 new residential lots; 1 retained lot. Proposed 2 new lots serviced with municipal water & private sewer. Retained parcel has existing private services. ZONING BY-LAW AMENDMENT APPLICATION Establish new minimum lot frontages & areas under the R1 Zone for the proposed 2 new residential lots. Establish new minimum interior side yard & rear yard setbacks for the existing shed on the retained parcel. Page 73 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... LOCATION & SURROUNDING LAND USES r M Page 74 of 322 0 �o __-_-- _ I N 5.E))ftTjM&VftP(:f3ijQ C$ffjZyftyge Application; Notice of Pa N �EracHED pooi N49 32 lop E± � I GARAGE � 0.564m± Page 75 of 322 o � � EXISTING Z = DWELLING — � I I Septic � �� Fank I! - II I I � _ __ I Existing I - - - Z r N 49°35'45" E 45.720 m [ 150.00' ] �s LAKESH4RE R S H E L S W E L L BOULEVARD 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... N 49035'45" E 45.494 m [ 149.26' ] -F T - - 22.75m 22.75m 1 I 1 II to 1 O PROPOSED w PROPOSED W I T 1 I T2 E 1 NEW LOT � I NEW LOT 1 760.65 sm I 762.67 smco I I Cd I I 22.63m 22.75m Lo 1 3 0C I f I- - — 45.37m N u 1 Z N w {i 0 � 2-CAR I C4 I p DETACHED GARAGE pppL Z N49032'03"E± 1 `- k TO REMAIN 1 �'f 0.564m± 0.21m [1 .85']± [0.69'1 1 Existing 1 Drilled Well Lf) 272'[82.9m] TO CY) 1 Deep 7.75m± 00 C'7 1 0 1 o EXISTING I Z 3 DWELLING 1 E I TO REMAIN 1 I � &isting 1 q I I I Septic Ton& I 1 PROPOSED I RETAINED LOT 1 = Existing LO 1 rJ Septic r 2 783.03 sm 3 ' Red 1 04 I+ O 1 45.72m Z i N 4903545" E 45.720 m [ 150.00' ] Page 76 of 322 L A K E S H 0 R E ROAD WEST 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... BUILDING ENVELOPES WITH REQUIRED RI ZONE PROVISION SETBACKS & SEPTIC SYSTEMS WITH REQUIRED SETBACKS SHELSELL BOULEVARD 22.75 22.75 17.75 17.75 BUILDING BUILDING ENVELOPE M ENVELOPE ' 2.5 m 257.5 m 2 � 2.5 2.5 � +�- 257.5 m 2 � 2.5 Ln M } - 2,772 ft2) + - 2,772 ft2) Eli 9.0 9.0 1.5 _ 3.0 3.0 1.5 :75vt r r r Ln ni Q I LM Ln Ln 3. *rt *� *� 13. IF I - I 3.0 _ 3.0 22.63 22.75 RETAINED PARCEL Page 77 of 322 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Schedule "A" to By-law No. 2023 - The Corporation of the Township of Oro-Medonte II .I II �� .I © Section 4.0, Table 131 Lands to be re-zoned from the Light Industrial (LI) Zone to the Residential One Exception XXX (RI-XXX) Zone Minimum Lot Area 760 m2 Minimum Lot Frontage 22 m ® Sections 5.1.3(b) and 5.1.3(d), Lands to be re-zoned from the Light Industrial (LI) Zone to the Shoreline Residential Exception YYY (SR-YYY) Zone Minimum Setback from the Rear Lot Line 1.5 m Minimum Setback from the Western Interior Side Yard 0.60 m Page 78 of 322 CON�LUSIO.Notice of Receipt of a Complete Application; Notice of Pa... • The PPS and County of Simcoe & Township of Oro-Medonte Official Plans promote the efficient use of land and support development of healthy, complete communities. • The proposed development conforms to the goals and objectives of these documents. • The development provides for an efficient use of an underutilized parcel of land and existing infrastructure (municipal water, road). • The development is appropriate for the site and is adequately justified by policy conformity, market demands and functionality. • The development is consistent with the form, function and character of the surrounding area. The proposed applications conform to: • Provincial Policy Statement • Growth Plan • Policies of the County of Simcoe and Township of Oro- Medonte Official Plans • Provisions of the Township of Oro-Medonte Zoning By-law, as proposed to be amended. • The proposed applications have merit, are in the public interest and constitute good planning. Page 79 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-049 Development Services Danielle Waters Committee Planner Meeting Date: Subject: Motion # June 7, 2023 Minor Variance Application 2023-A-19 Roll #: Christopher Frank R.M.S. File #: 4346-010-009-49200 67 Lakeshore Road East D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-049 be received and adopted. 2. That Minor Variance Application 2023-A-19 by Christopher Frank specifically to permit the construction of a single detached dwelling addition and deck with a reduced rear yard of 5.4 metres (17.8 feet) on lands municipally known as 67 Lakeshore Road East, be approved, subject to the conditions as outlined in Report DS2023-049. 3. The conditions are as follows: a) That notwithstanding Table B1, the single detached dwelling addition and deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition and deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is no closer than 5.4 metres (17.8 feet) from the rear lot line; 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. Development Services June 7, 2023 Report No. DS2023-049 Page 1 of 10 Page 80 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.1 hectares (0.25 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and a detached accessory building. The applicant is proposing to construct an addition and deck at the rear of the existing dwelling. The applicant is seeking relief to the following section of Zoning By-law 97-95: Table B1 — SR Zone, Read Yard Required. Proposed: 7.5 metres (24.6 feet) 5.4 metres (17.8 feet) The applicant's site plan and elevation drawings are included as Schedule 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas 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. Planning Staff is of the opinion that this application conforms to the Provincial Policy Statement, 2020. A Place to Grow, 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 addition conforms to the Rural Areas policies in the Growth Plan as is represents residential related development in a rural residential area that is designated for limited residential development. Development Services June 7, 2023 Report No. DS2023-049 Page 2 of 10 Page 81 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... Lake Simcoe Protection Plan (LSPP) The subject lands is not regulated by the Lake Simcoe Region Conservation Authority but is located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). 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 the day to be named by proclamation of the Lieutenant Governor. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a single detached dwelling addition and deck is permitted on the subject lands. Development Services June 7, 2023 Report No. DS2023-049 Page 3 of 10 Page 82 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Current and Adopted Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. The Shoreline designation allows for limited residential development and must maintain the existing character of this predominantly residential area. In Planning Staff's opinion, the application conforms to the Township's Current and Adopted Official Plan as the construction of a single detached dwelling addition and deck is permitted on the subject lands. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the Zone. The primary purpose of the rear yard setback is to provide spatial separation between structures and the lot line, as well as to provide space for access, landscaping, and recreation area. Notwithstanding the proposed variance, Planning Staff believe that the proposed setback will provide an adequate setback from the lot line and not restrict the use in the rear yard. Development Services June 7, 2023 Report No. DS2023-049 Page 4 of 10 Page 83 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... 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 addition to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed single detached dwelling addition would be visible from the neighbouring properties, however, there is mature vegetation along the rear lot line to provide a buffer to the proposed structure. The proposed structure will not interfere with functional matters such as parking and the septic system. The Building Department will require a septic verification or septic permit for the proposed addition. Distances to the existing septic system are to be in compliance with the Ontario Building Code. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have any adverse impacts, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • Lake Simcoe Protection Plan (LSPP) • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services June 7, 2023 Report No. DS2023-049 Page 5 of 10 Page 84 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Building Department — Building Division has no comment at this time. Owner/applicant to be aware that a building permit is required for the addition. A Septic Verification Permit or a Septic Permit will be required for the septic system. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Schedule 4: Applicants Proposed Elevation Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-19 be approved, specifically, to permit the construction of a single detached dwelling addition and a deck with a reduced rear side yard setback to 5.4 metres (17.8 feet) on lands municipally known as 67 Lakeshore Road East, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Andy Karaiskakis, RPP, Senior Planner May 31, 2023 Derek Witlib, RPP, Director, Development Services May 31 , 2023 Development Services June 7, 2023 Report No. DS2023-049 Page 6 of 10 Page 85 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map 93 H\ 16 �,. 15 18 — 15 7 ig 14 12 11 12 1, 15 14 10 ai - 8 Q Q 11 7 � 88 92 0 m fi ai 76 $4 86 di t 7 M 72 ? p m 68 Q o 6 5 a C O 5 54 56 60 N 42 44 OCe 91d- y OweSh 75 83 87 $9 71 67 65 O'connell Ln. 53 55 59 35 1 23 83 29 31 2 1 13 5 47 49 11 41 43 45 1 55 2 -- —LLLLake Simcoe Location �1 ' �.� � � ® Subject Lands 0 To Proud Heritage,Exciting Future 0 loom File Number 2023-A-19 N Development Services June 7, 2023 Report No. DS2023-049 Page 7 of 10 Page 86 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo w. L '// y ad� o.,. fi&; lS m 5 m 60. P: re Rd.E. •a v� �s _ 71 fi7 65 oPCO nell•�-�' 1 23 2 15 13 11 2 Aerial Tounzsltzp pf Q Subject Lands Proud Heritage,Exciting Future 0 100 M File Number 2023-A-19 N Development Services June 7, 2023 Report No. DS2023-049 Page 8 of 10 Page 87 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan �P / f �adathg ` 1 trl0 g fL l 4A e� • J X \l 1 \ 7 / / y/ Site Plan 4 Proud Heritage,Exciting Future File Number,2023-A-19 Development Services June 7, 2023 Report No. DS2023-049 Page 9 of 10 Page 88 of 322 6.a) 6.15 p.m. DS2023-049, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicants Proposed Elevation m m ❑ m I � a R NOEZTN t=EEVnnem v,€sr EIE>.Anary m I IL SOUTH ELEVATION FACT EI ElIATION �4 P X Elevation Drawings Proud Heritage,Exciting Future File Numbers 2O23.y,-19 Development Services June 7, 2023 Report No. DS2023-049 Page 10 of 10 Page 89 of 322 Minor Variance Application 2023-A-19 (Frank) v Location: 67 Lakeshore Road East ---� , 3 Zoning: Shoreline Residential (SR) -- --- o T —-- CD ----- Official Plan: Shoreline _ LakeShoreRd - - 4 0 •=conn�pll•L Current Use: Residential pLcone �. CD CD O O (D W T hi -- p { N O. Praiir(HrrinRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2023-A-19 (Frank) v Purpose: The applicant is proposing to construct an addition to an existing Cn single detached dwelling. The applicant is seeking relief to the following section 3 of Zoning By-law 97-95, as amended: o N O Table 131 — SR Zone, Read Yard w 0 Required: Proposed: 7.5 metres (24.6 feet) 5.4 metres (17.8 feet) o m' m v m v v =3 CD CD o m (9tomnshipo� ��,.��� N T � 0. N O Praiir(HrrinRr,Ezrifing Ferliirr � W W n CD D Minor Variance Application 2023-A-19 (Frank) v Aerial Photo: FIR m �, ` CD Lakeshore Rd E O rn �5 W �• 71 � y� 67 O 65 ~ =3 59 CD 1 � s 2 r CD 11 � (D N C N O { s _� W N =3 ND Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2023-A-19 (Frank) v Existing Zoning: i� o O N ass W 1 O E �akesno�e Rd. E m O'connell�Ln. O r-f <' (D N m r� Subject Lands Lake i� v SR(Shoreline Residential) Simcoe m CD w 0 RLS(Residential Limited Service) 0 0 A/RU (Agricultural/Rural) N =3 N O Pr—d Heritage,Ex W,,g Fufurr M. 0) n CD D Minor Variance Application 2023-A-19 (Frank) v Township Official Plan Township Adopted County Official Plan Cn Land Use: Official Plan Land Use: Land Use: 3 1 � pp 0 — = �- 0 CID s v r a a d z , — s a 1n x- I t o m r c E E - H __ �axcshcr ' i p5hore Re.E.�iT 1 i hoteft w' a..e m h Lake simcoe m 0 Environmental Protection Two = Greenlands GreenlandsCID � Rural Shoreline - Rural CID o Shoreline w ip N 0 Arard Heri1q,.E-W,,A Fnlirr 0 CID Minor Variance Application 2023-A-19 (Frank) v Applicant's Site Plan: Cn 3 o ' CD Zoe ` O O P \ � \ 0 / exlsting \ o 75 sq.ft / driveway existing \ D. house#67 1020 s,fL \/ \ ' CD / \ exissso9 /pera d / \ acc y Bastion C \ 316 sq.ft. 420 q.fko propcked / Rear yard minor v variance =3 / =3 (D \ \ ,' (D CD CO \ Cn \ (D O i W �{ N V1Y/G'� =. N 0 Pr—d Heritage,Exciting Fufurr M. 0) 0 CD D Minor Variance Application 2023-A-19 (Frank) v Applicant's Elevation Cn Drawings: _ P o N O ID ® m h O O wcwn,.�vanar� v�sr e�vanow =3 CD m m CD f C CD CD CO CD f W T—hip�; N 0 P-4 Heritage,Exciting Fufurr 0 CD D Minor Variance Application 2023-A-19 (Frank) k v o� u, O ff -' - p� -. CO V 0 �I CD v Looking east along Looking west along Notice sign posted Lakeshore Lakeshore T—hip O. Pr-d Hn doge,E-iiinq Feehnr % W M. W n CD D Minor Variance Application 2023-A-19 (Frank) v CD N £ O allV� O 0 �I' v (D —0 -- Existing dwelling W Existing detached 00 garage N 0 Pr—d Heritage,Exciting Fufurr 0 CD D a• sr� �r� p5! .��. CD .,wry y _ w i Ya Minor Variance Application 2023-A-1 9 (Frank) yf r. I ` ' CD Proposed location • additionM. CD Minor Variance Application 2023-A-19 (Frank) v Recommendation: Approve Cn It is recommended: 3 1. That Report No. DS2023-049 be received and adopted. 0 f) N 2. That Minor Variance Application 2023-A-19 by Christopher Frank specifically to permit the construction of a single detached 0 dwelling addition and deck with a reduced rear yard of 5.4 metres(17.8 feet)on lands municipally known as 67 Lakeshore Road W East,be approved,subject to the conditions as outlined in Report DS2023-049. o 3. The conditions are as follows: _ c) That notwithstanding Table B1,the single detached dwelling addition and deck shall otherwise comply with all other 0 applicable provisions of the Zoning By-law; =3 d) That the proposed single detached dwelling addition and deck be substantially and proportionally in conformity with the m' dimensions as set out on the application and sketches submitted and approved by the Committee; m e) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing or by way of survey/real property report,prior to the pouring of the v footing and if no footing,the foundation,that the single detached dwelling addition is no closer than 5.4 metres(17.8 feet) m from the rear lot line; tin f) 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. v cc 13. � m CD 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. 0 o N lr/�Q'� � 0. NJO Prair(HnilnRr,Esrrlinq Ferhirr � n CD D 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... Iownship of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2023-050 Development Services Committee Danielle Waters Planner Meeting Date: Subject: Motion # June 7, 2023 Consent Application 2023-B-08 and Minor Variance Application Roll #: 2023-A-20 R.M.S. File #: 4346-010-003-32700 by Huntlee Holdings Inc. D10- 57 Line 7 North D13- Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2023-050 be received and adopted; 2. That Consent Application 2023-13-08 by Huntlee Holdings Inc., to create a residential lot on lands municipally known as 57 Line 7 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-050. 3. The conditions are as follows: a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the requirements and timing of matters that may include: payment of development charges and payment of cash in lieu of parkland; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to Line 7 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 7 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; Development Services June 7, 2023 Report No. DS2023-050 Page 1 of 16 Page 101 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... 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; 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; and, i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2023-A-20 by Huntlee Holdings Inc, specifically to permit a retained lot with a lot frontage of 21.7 metres (71.2 feet) and to permit the continuance of an existing dwelling, on lands municipally known as 57 Line 7 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-050. 5. The conditions are as follows: a) That, notwithstanding Zoning By-law 97-95, the severed and retained lots shall otherwise comply with all other applicable provisions of the Zoning By-Law; b) That the Committee's Minor Variance decision becomes final and binding. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background: Property Information The property is located on the east side of Line 7 North. The lot is approximately 2.6 hectares (6.4 acres) in size and currently supports a single detached dwelling as well as a large building that contains a commercial landscape business. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. Development Services June 7, 2023 Report No. DS2023-050 Page 2 of 16 Page 102 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... Consent Application 2023-B-08 The purpose of Consent Application 2023-B-08 is to sever an existing single detached dwelling from the commercial landscape business use that exists on the subject lands. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approximately 58.9 m 193.2ft. Approx. 21 .7 m 71.2 ft. Depth: Irregular Irregular Area: Approximately 0.4 ha 1 .08 ac. Approximately 11.8 ha 29.1 ac. Use: Residential Economic Development Minor Variance Application 2023-A-20 In conjunction with related Consent Application 2023-B-08, the applicant is seeking relief to the following section of Zoning By-law 97-95: Table B3 — Economic Development Zone, Minimum lot frontage Required: Proposed: 40.0 metres 131 .2 feet 21 .7 metres 71 .2 feet When reviewing the application, Planning Staff confirmed that a single detached dwelling is not permitted within the Economic Development zone as per Table A3. Section 45(2)(a)(ii) of the Planning Act allows for the continuation of a use that existed on the day the Township's Zoning By-law was passed. As per MPAC records, the dwelling was constructed in 1890, and therefore has been a use on the property for some time. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 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. Planning Staff have reviewed the subject applications with respect to the intent of the PPS. Specifically, the policies pertaining to Employment, Employment Areas were reviewed. Section 1.3.2.1 of the PPS states that, "planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs." The subject lands are located in the Oro-Centre Secondary Plan which is intended to be the focus of industrial employment opportunities and to maximize the use of existing infrastructure. In Planning Staff's opinion, the existing land uses (commercial and residential) and the proposed lot sizes and dimensions for each respective land use are acceptable and are Development Services June 7, 2023 Report No. DS2023-050 Page 3 of 16 Page 103 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... capable of being privately serviced for sewage and water and the development can be accommodated by the existing local road network. Planning Staff is of the opinion that these applications are consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject applications have been reviewed by Planning Staff with respect to the Growth Plan policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification". The Growth Plan contains specific policies pertaining to preserving and protecting employment areas. Section 2.2.5 states that economic development and competitiveness will be promoted by: a) making more efficient use of existing employment areas and vacant and underutilized employment lands are increasing employment densities; b) ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this Plan; c) planning to better connect areas with high employment densities to transit; and, d) integrating and aligning land use planning and economic development goals and strategies to retain and attract investment and employment. As per Schedule B of the Township Official Plan, the property contains Significant Woodlands on the rear portion of the lands. The lands have been subject to several planning applications throughout the years, including a Zoning By-law Amendment and several Site Plan applications to facilitate the construction of the commercial landscape business. Through those approvals, the woodlands were permitted to be removed from the property for development. Planning Staff are satisfied that no new structures or site alteration is proposed for the applications, and that the submission of a Natural Heritage Evaluation as per Section 4.2.3 of the Growth Plan would not add any additional information to the application that would change the outcome of the decision. Since the proposed applications are to separate the existing residential use and the commercial landscape business and to establish both uses on separately conveyable lots within an employment area, the proposed development is considered to maintain the general intent of the Province's Growth Plan. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. The Rural designation permits rural industrial uses subject to the criteria outlined in 3.7.5 of the County's Official Plan. Section 3.7.8 speaks to limited residential development that may be created by consent provided that the lots are restricted in size and that the number of lots are restricted to maintain the rural character and avoid strip development. Development Services June 7, 2023 Report No. DS2023-050 Page 4 of 16 Page 104 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... Therefore, on the basis that these lands are designated Office/Industrial in the Township's Official Plan and zoned Economic Development in the Township's Zoning By-law, and both permit Industrial Uses, it is the opinion of Planning Staff that the applications generally conform to the County of Simcoe's Official Plan for the creation of a residential lot. As of the preparation of this report, Staff has not received comments from the County. The members of the Committee should have regard to any County comments that may be received. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated at the very north part of the retained lands by the Lake Simcoe Region Conservation Authority and is located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (a), "All existing uses lawfully used for such purposes on the day before the Lake Simcoe Protection Plan comes into force are permitted;" (p. 54). LSRCA has been circulated on this application, however, at the time of writing this report no comments have been received. Committee shall have regard for any comments received. 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 the day to be named by proclamation of the Lieutenant Governor. 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 Official Plan will be Development Services June 7, 2023 Report No. DS2023-050 Page 5 of 16 Page 105 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... repealed once the updated Official Plan is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject property is located in the Oro-Centre Secondary Plan and designated Oro Centre — Office/Industrial in the current and adopted Township's Official Plan (refer to Schedule E and B3 respectively). The rear portion of the property is designated with the Environmental Protection Two overlay. Planning Staff are satisfied that the proposed consent and minor variance applications are not introducing any new structures and uses that do not already exist or proposing any site alteration. Staff are satisfied that the proposed applications are not anticipated to have any impact on the natural heritage features in the surrounding area. Section C8 of the Official Plan contains the policies for the Industrial Designation; more particularly Section C8.4 outlines the policies pertaining to the form of development within the Industrial Designation. Specifically, the Official Plan policies states: "It is intended that development within the Industrial designation will occur by way of Plan of Subdivision/Condominium to ensure that servicing and access for the whole parcel can be dealt with before development occurs.... new lots for industrial use can be created by consent or by other means in a Registered Plan/Condominium that existed on the date that this plan was adopted by Council if issues relating to servicing and access have already been dealt with when the parcel was originally development and/or approved for development." The applicant is proposing to sever the subject property as shown on Schedule 3. The lots are serviced by existing private septic systems and private wells and will have access from Line 7 North. Therefore, Staff is of the opinion that the Consent Application meets the policies outlined above and shall be considered under Section D2.2 New Lots by Consent, General Development Policies of the Official Plan. The following comments below address the criteria outlined in Section D2.2.1 : a) Fronts on and will be directly accessed by a public road that is maintained on a year- round basis: Planning Staff comment: Conforms. The severed and retained parcel both front onto Line 7 North, which are 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; Planning Staff comment: Conforms. The subject lands do not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Planning Staff comment: Conforms. No traffic concerns have been identified by Operations Staff or MTO. Development Services June 7, 2023 Report No. DS2023-050 Page 6 of 16 Page 106 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Planning Staff comment: does not yet conform. The proposed lots would comply with the Zoning By-law minimum requirements for lot size. The proposed frontage for the retained lands does not meet the required size and is the subject of Minor Variance application 2023-A-20. The existing commercial landscape business on the retained lands would be permitted within the Economic Development (ED) Zone and would be compatible with the adjacent industrial uses. The existing residential use on the severed lands would not be permitted in the ED Zone. Planning Staff have added a variance to recognize and permit the continuance of the existing single detached dwelling on the property in the ED Zone. e) Can be serviced with an appropriate water supply and means of sewage disposal; Planning Staff comment: Conforms. Any future buildings on the subject lands would be serviced by private individual on-site services (well and septic system), the lands meet lot size requirements and are considered adequately sized for private servicing and Building Staff have not advised of any concerns in this regard. f) Will not have a negative impact on the drainage patterns in the area; Planning Staff comment: Conforms. The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. Site Plan Approval will be required to facilitate any future development on these lands which would ensure proper grading, storm drainage and maintenance in regard to surface water. This will be reviewed by the Township's Manager of Development Engineering at the time of 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; Planning Staff comment: Conforms. The Consent application is not proposing any changes to the existing and permitted uses on the severed and retained lands. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Planning Staff comment: As previously noted, the subject property is zoned Economic Development (ED) and contain no natural heritage features. LSRCA was circulated on the application, however no comments have been received at Development Services June 7, 2023 Report No. DS2023-050 Page 7 of 16 Page 107 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... the time of writing this report. Committee shall have regard for any comments received. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Planning Staff comment: Conforms. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Planning Staff comments: Conforms. The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms, the lots may be created through Consent, and a Plan of Subdivision is not required. In the Township's adopted Official Plan Section 2.9.4.3 - New lots for commercial or industrial uses may be created by consent if the Iot(s): a) Can be serviced by Township or County Roads or by existing commercial entrances from Highway 11, or if the proponent constructs a service road, provided that the approval of the consent will not lead to a major increase in the amount of traffic utilizing the existing commercial entrances on Highway 11, subject to the satisfaction of the Township and the appropriate agencies, b) Can be serviced with an appropriate water supply and an appropriate means of sewage disposal. 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 As described above, the subject lands are zoned Economic Development (ED) in the Township's Zoning By-law 97-95, as amended. The retained lands require a minor variance to address the proposed deficient lot frontage. The applicant is proposing a lot frontage of 21 .7 metres (71.2 feet). The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit the primary building, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks. The severed (residential) and retained (commercial) lands are serviced separately by a private septic and well system as per page 7 of the Planning Justification Report submitted by MHBC. Planning Staff are satisfied that the proposed lot frontage will be able to provide appropriate access to the retained lands for their zoned use. Development Services June 7, 2023 Report No. DS2023-050 Page 8 of 16 Page 108 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... The proposed severed lot will include an existing single detached dwelling which is not a permitted used within the Economic Development zone. Section 45(2)(a)(ii) of the Planning Act allows for the continuation of a use that existed on the day the Township's Zoning By-law was passed. As per MPAC records, the dwelling was constructed in 1890, and therefore has been a use on the property for some time. Based on the above, Planning Staff are satisfied that the proposed minor variance and consent application generally conform to the Zoning By-law 97-95. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(2)(a)(ii) of the Planning Act allows for the continuation of a use that existed on the day the Township's Zoning By-law was passed. 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: Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the single detached dwelling on the severed lands already appears separate in nature to the commercial use at the rear of the property. In Planning Staff's opinion, the lots would be fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space associated with the existing dwelling and commercial building. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as there remains adequate space on both the severed and retained lots to accommodate the existing dwelling and commercial landscape business on their respective lots, septic system and driveway, with appropriate setbacks to the lot lines. The proposed severance is not anticipated to have any adverse impact on the character of the existing neighbourhood or on the use and enjoyment of the surrounding properties. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development Development Services June 7, 2023 Report No. DS2023-050 Page 9 of 16 Page 109 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2050 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2050 • County of Simcoe Official Plan • Lake Simcoe Protection Plan (LSPP) • 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 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: • Ministry of Transportation — o MTO has no concern with the severance, but please note that both properties are within MTO permit control area and any work on either site requires MTO review and applicable permits. • Township Building Department — no comments • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects: o Operations will require a 3.Om road widening across both the severed and retained lands. Line 7 North has been identified under the Road Network Plan as a collector road requiring a 23m road allowance. Development Services June 7, 2023 Report No. DS2023-050 Page 10 of 16 Page 110 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule I Applicant's Consent Sketch Schedule 4: Oro-Centre Secondary Plan, Current Official Plan Schedule 5: Oro-Centre Secondary Plan, Adopted Official Plan Conclusion: Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2023-B-08 be approved, specifically to permit the creation of a new lot on the lands municipally known as 57 Line 7 North, and that Minor Variance Application 2023-A- 20 be approved, specifically to permit a retained lot with a minimum lot frontage of 21 .7 metres (71.2 feet) and to permit the continuance of an existing dwelling, as the application satisfies Section 45 of the Planning Act, meets the four tests Minor Variance tests as applicable and conforms and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, RPP, Senior Planner June 2, 2023 Derek Witlib, RPP, Director, Development Services June 2, 2023 Development Services June 7, 2023 Report No. DS2023-050 Page 11 of 16 Page 111 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re- Consent Applicat... Schedule 1: Location Map zz5 l,Rd 127 am�R 95 Pi9K ftd w, 118 Z Q� 96 J 81 57 3096 39 2938 2976 11 3017 3073 3095 3105 8 19 16 N j 2921 ~ eu C J 17 97 Location ® Subject Lards Township of Proud Heritage,Exciting Future 0 loom File Number:2023-A-20 and 2023-8-08 Development Services June 7, 2023 Report No. DS2023-050 Page 12 of 16 Page 112 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re- Consent Applicat... Schedule 2: Aerial Photo Rd Ra.w om sari.Ra.w_ om . W li 0.d - - 457 s- 39 2976 r Aerial Towrtshap o Subject Lands Proud Heritage,Exciting Future File Number:2023-A-20 and 2023-6-05 I I a I Development Services June 7, 2023 Report No. DS2023-050 Page 13 of 16 Page 113 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re- Consent Applicat... Schedule 3: Applicant's Consent Sketch ------------- -----_-- i i m i � a. I ^ � I J RETAINED K LOT 11Eha I 5 V € — as 0.pia searic TB k - I j HIGHWA Y T'!RAMP i Site Plan/Lot Configuration Proud Heritage,Exciting FNture File Number 2023-A-20 Development Services June 7, 2023 Report No. DS2023-050 Page 14 of 16 Page 114 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re- Consent Applicat... Schedule 4: Oro-Centre Secondary Plan, Current Official Plan .1d...... AdE A d eA3 zn 4d8%Ad W Z F J �I ti CI J I I I I` Township Official Plan - Oro Centre Secondary Plan Land Use 96 Subject Lands OPlan Boundary - Environmental Protection Agricultural - Commercial Tora�nsfzipof -Oro Centre-Limited Service Industrial Oro Centre-Off icellndustrlal Proud Heritage,Exciting Future Highway 11 Special Policy Area _ Oro Centre-Commercial 0 400 rn File Number:2023-A-20 and 2023-13-08 N Development Services June 7, 2023 Report No. DS2023-050 Page 15 of 16 Page 115 of 322 6.b) 6.25 p.m. DS2023-050, Danielle Waters, Planner re: Consent Applicat... Schedule 5: Oro-Centre Secondary Plan, Adopted Official Plan I ,19 2 3 -- 2836 29?8 I J I I 11 N I 2921 0 ltl 0 1 Township Adopted Official Plan - Land Use B3 Township Adopted Official Plan (2022)- Land Use R subject Lands Agricultural CZ Subject Lands c°mm°"'al Ibir Afpuj Employment Area �r � envtronmenoai Frooenlon � � Greenlands r'maa rierrm rexnrm r-inure arlcetinawvhi r+,ama xa.0 se.rs:em s remrr yr� s 0 Rural 0 100 m 30o m File Number 2023-F-20 antl 2tl23-B-08 o I File Number:2023-A-29 antl 2023-8-03 M' Development Services June 7, 2023 Report No. DS2023-050 Page 16 of 16 Page 116 of 322 Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Cr Location: 57 Line 7 North N Zoning: Economic �LZ o Development(ED) Cn - � N Official Plan: Oro-Centre --J-- secondary plan — office/industrial � m Current Use: industrial — � F71 see, ds v NW /Y�Tw�hip lJ "efl��E:LG(/YCGG Pr—d Herilgr,Ea W,,g Future .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Cr Purpose 2023-B-08: The purpose of Consent Application 2023-B-08 is to sever Cn an existing single detached dwelling from a commercial use. The details of the 3 proposed consent (severance) are: o N Lands to be Severed: Lands to be Retained: Frontage: Approximately 58.9 m (193.2ft.) Approx. 21.7 m (71.2 ft.) o Depth: Irregular Irregular o Area: Approximately 0.4 ha (1.08 ac.) Approximately 11.8 ha (29.1 ac.) o Use: Residential Economic Development m v CD � v CD o CD n W Ot, ° N Pra d HrHll gr,E-iimg Ferliirr W .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Purpose 2023-A-20: In conjunction with related Consent Application 2023-B-08, Cn the applicant is seeking relief to the following section of Zoning By-law 97-95, as 3 amended: o N Table B3 — Economic Development Zone, Minimum lot frontage w Required: Proposed: o 40.0 metres (131.2 feet) 21 .7 metres (71.2 feet) o v m' m v m � v m o f O� n w C9i ° N Praiir(HrrinRr,Ezrifing Ferliirr .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Cr Aerial Photo: Cn Y� - _ r a low 0 Z 81' D %la W 59 0 0 0 (Q 2976 p � N ...� Pr—d Heritage,Exciting Fut,,e .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Cr Existing Zoning: ,j o N W a°a � O O 0 v Subject Lands CD RURZ (Rural Residential Two) v 0 ED (Economic Development) CD CD AP (Airport) GC(General Commercial) w A/RU (Agricultural/Rural) � m N — EP (Environmental Protection J� �— o I (Institutional) 0 w /� N mil-/Y�"� =3 N Pr—d Heritage,Exciting Fufurr W .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Oro-c: N -- - o W O C)1 O r� Subject Lands 0 _ =3 - Environmental Protection m' - commercial -- -- �_ - 0 Oro Centre- Office/Industrial 1 v m - Oro Centre- commercial Plan Boundary - cQ Agricultural �IJ CD0 - Oro centre-Limited Service Industrial N -0 - ' n Highway 11 Special Policy Area N V1Y/G'� =3 Pr-d Heritage,Exciting Fufurr U) .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Township Official Plan Township Adopted County Official Plan Cn Land Use: Official Plan Land Use: Land Use: 3 - /� - - o / 0 N t0 - C31 _ O D. ---- i i J� (D s � singe ie ae - CD see� se��ra, �_ i ._ --- � tv >v =3 cQ(p �Cnvnonmen:ai P-ota�eon two Under Appeal D 9 A ricultural P.grlcul[ural CID Nnd-dol Employment Area A9 cultural (a Environmental Proteotlon one Q Strategic Settlement Employment Areas and Economic N,pert Greenlands Greenlands e ondaryPlanArea Rural Rural � N V1Y/G'� =3 Pr—d Heritage,Ex W,,g Future U) .-f D !v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Applicant's Consent Cn Sketch: w s I , o ----- � ---.-----.-.------- _ ------- I ro ! o ! a N O RETAINED _ g i LOT s 0 I n.an. f =3 m I 5 (D I j _ I � - � I I =3 CD N I — H[GHWAY 11 RAMP j � (D O �a N V1Y/G'� =3 Pr—d Heritage,Exciting Fufurr U) .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) / � N (31 ® CD a HL 0 A L iy P�� �i r• (� 1. (31 0 �� -, (D v (D Q� Looking east along Looking west along Notice signs posted Cn Line 7 Line 7 n N V1Y/G'� =3 N Pr—d Heritage,Exciting Fufurr U) .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-13-08 (Huntlee Holdings Inc.) CD N O F 1 01 ■i Q s � ` z (D N View of severance and CY Existing dwelling existinq driveways ' c; Cl) Township f O N Pr—d Heritage,Exciting Fulurr U) .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Cr C? N Cn 3 0 CD y N ON W O 0 � v CD CD � v v � J Existing commercial View of severed lands buildina from retained w rY�n�p 1' O =3 N Pr—d Heritage,Exciting Fufurr U) .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Recommendation 2023-B-08: Approve It is recommended: 3 1. That Report DS2023-050 be received and adopted; 0 CO 2. That Consent Application 2023-B-08 by Huntlee Holdings Inc., to create a residential lot on lands municipally known as 57 Line 7 N 0 North,Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-050. w 3. The conditions are as follows: (i a) That the applicants sign the Township's Memorandum of Understanding by which the applicants acknowledge the o requirements and timing of matters that may include: payment of development charges and payment of cash in lieu of p parkland; b) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; ( ' c) That the Applicant transfer to The Corporation of the Township of Oro-Medonte("Township"), in fee simple,free and clear of all �p liens and encumbrances, a 3.0 metre road widening along the entire frontage of the severed and retained lands adjacent to Line 7 North to the Township.The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by v the Township,together with his/her opinion letter stating that upon registration of the Transfer,the Township will have acquired m 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 7 North as one Property Identifier Number to the satisfaction of the Township. All v cc costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to � CD surveying, legal fees, and disbursements, agreements, HST,etc.shall be fully borne by the Applicant; m N 0 (D CO Toumship of 0 N ll-/ =3 Prair(HnilnRr,Esrrlinq Ferhirr CD .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Recommendation 2023-B-08 (cont'd): Approve c) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as 3 cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning 0 Act, R.S.O. 1990 c. P. 13; co d) That all municipal taxes be paid to the Township of Oro-Medonte; o e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to w the Committee Secretary-Treasurer which conforms substantially with the application as submitted; o f) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the o Municipality and for use for the issuance of the certificate of consent; _ g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, =3 h) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. m (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date m of the certificate if the transaction has not been finalized.)WARNING: Failing to fulfil the conditions within the above-noted statutory two-year period (Sections 53(41)&53(43), the Planning Act R.S.O. 1990) shall cause the application to m lapse and render this Decision null and void. v =3 m CD N � (D O n N =3 Pra d HrHll gr,Ez iimg Ferliirr U) .-f D v Minor Variance & Consent Application 2023-A-20 & 2023-B-08 (Huntlee Holdings Inc.) Recommendation 2023-A-20: Approve 1. That Minor Variance Application 2023-A-20 by Huntlee Holdings Inc, specifically to permit a retained lot with a lot frontage of 21.7 3 metres (71.2 feet) and to permit the continuance of an existing dwelling, on lands municipally known as 57 Line 7 North, 0 Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-050. 0) N O N 2. The conditions are as follows: w a) That, notwithstanding Zoning By-law 97-95,the severed and retained lots shall otherwise comply with all other applicable 0 (n provisions of the Zoning By-Law; o b) That the Committee's Minor Variance decision becomes final and binding. p v 3. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. (' m v m � v v =3 m cD w o (p o � 0 0 N =3 Pra d HrHll gr,Ez iimg Ferliirr U) .-f D v 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-042 Development Services Catherine McCarroll Committee Intermediate Planner Meeting Date: Subject: Motion # June 7, 2023 Minor Variance Application 2023-A-21 Roll #: Terry and Thomas Crosbie R.M.S. File #: 4346-020-003-13101 4275 Line 10 North D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-042 be received and adopted. 2. That Minor Variance Application 2023-A-21 by Terry and Thomas Crosbie specifically for permission to build a detached accessory building (garage) with an increase in height of 5.0 metres (16.4 feet) and an increase in floor area of 142.7 square metres (1,536.0 square feet), on lands municipally known as 4275 Line 10 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-042. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 7, 2023 Report No. DS2023-042 Page 1 of 11 Page 131 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Background: The subject property has a lot area of 0.56 hectares (1.38 acres), according to MPAC records, and contains a single detached dwelling with an attached one (1) car garage, a 10.0 square metres (107.5 square feet) shed, a 9.7 square metres (104.3 square feet) shed, a 7.4 square metres (79.9 square feet) shed, a shipping container and a 7.0 square metres (75.7 square feet) pool house. 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 5.0 metres 16.4 feet Section 5.1 .6 — Maximum Floor Area Required. Proposed: 100.0 square metres (1,076.4 square 142.7 square metres (1,536.0 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 2.3 —Agriculture are applicable to this application. The application represents an accessory use to the permitted residential use on an existing lot in a prime agricultural area. The proposed development will not impact the agricultural system as the subject lands are not large enough to permit an agricultural use. Therefore, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas and Section 4.2.6 —Agricultural System are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that the proposed detached accessory building is consistent with these policies as the development is Development Services June 7, 2023 Report No. DS2023-042 Page 2 of 11 Page 132 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... associated with an existing residential use on an existing lot of record and there will be no impact on the agricultural system. County Official Plan The property is designated Agricultural in Simcoe County's Official Plan. The Agricultural Designation seeks to protect prime agricultural lands while recognizing the inter-relationship with natural heritage features and areas. In Planning Staff's opinion, the proposed development is consistent with the County's Agricultural policies as the subject lands are not large enough to permit agricultural uses; therefore, no agricultural land will be taken out of production as a result of the proposed development. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural in "Schedule A — Land Use" of the Township's existing Official Plan (1997) and the Township's Adopted Official Plan (2022). The Township's existing Official Plan sets out the following objectives of the Agricultural Designation: • To maintain and preserve the agricultural resource base of the Township. • To protect land suitable for agricultural production from development and land uses unrelated to agriculture. • To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. • To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. Development Services June 7, 2023 Report No. DS2023-042 Page 3 of 11 Page 133 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... The Official Plan states that the principle use of land in the Agricultural designation shall be agriculture. Other permitted uses include single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing to build a detached accessory building, which is accessory to a permitted residential use and is not anticipated to conflict with the Official Plan's objectives to maintain and preserve the agricultural resource base. 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 new 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 a height of 5.0 metres (16.4 feet). In Planning Staff's opinion, the proposed increase in height of 0.5 metres (1.6 feet) is minimal. A detached accessory building in the Agricultural/Rural Zone is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The applicants are proposing to build a one storey detached accessory building with a floor area of 142.7 square metres (1,536.0 square feet). The building is proposed to be used as a garage for storage. The proposed detached accessory building is smaller than the existing single detached dwelling which has a gross floor area of approximately 216.3 square metres (2,328 square feet) according to MPAC records. In Planning Staff's opinion, the accessory building's smaller size, location behind the dwelling and proposed use of the building for storage, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. The subject lands are located in a rural area where large agricultural buildings are common. Surrounding properties that are zoned Agricultural/Rural and have a minimum lot area of 2.0 hectares (4.9 acres) are permitted to have agricultural buildings; therefore, this Development Services June 7, 2023 Report No. DS2023-042 Page 4 of 11 Page 134 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... oversized accessory building will not look out of place or detract from the rural character of the area. Upon site visit, Planning Staff noted that there is vegetation along all the lot lines, particularly to the south and east of the subject lands where there is a woodland on the adjacent property. This vegetation will help screen the accessory building from the neighbouring properties. Furthermore, the structure will have a minimal impact from the road as it will be located to the rear of the dwelling, approximately 39.9 metres (130.9 feet) from the front lot line. Due to the size of the lot, the established character and built form of this rural area, the proposed location of the accessory building and existing vegetative buffer, Planning Staff believe that the detached accessory building is appropriate within this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the rural character of the lot. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • 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 Development Services June 7, 2023 Report No. DS2023-042 Page 5 of 11 Page 135 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: 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 Building Division — No comment. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: Floor Plan Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-21 be approved, specifically to permit construction of a detached accessory building with an increase in height of 5.0 metres (16.4 feet) and an increase in floor area of 142.7 square metres (1,536.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP May 31, 2023 Senior Planner Derek Witlib, RPP Director, Development Services May 31 , 2023 Development Services June 7, 2023 Report No. DS2023-042 Page 6 of 11 Page 136 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map 4399 o 4352 4339 4289 4301 XI a�aucsw. 4275 4272 4219 4210 ---- Z 4191 0 r G1 t= J 4182 1090 702 4040 880 1066 764 1151 3983 757 V11a�minster_Srd. 3901 919 3909 Location ® Subject Lands Tntunshi. 'f�j� Prond Heritage,Exciting Future 0 loom File Number:2023-A-21 Development Services June 7, 2023 Report No. DS2023-042 Page 7 of 11 Page 137 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re'... Schedule 2: Aerial Photo 4501 , 4289 42s z Ew� r. ,t 4210 I •499� t Aerial ;4 Q Subject Lands Township of Proud Heritage,Exciting Future 0 100 M File Number:2023-A-20 and 2023-B-08 I i i i I Development Services June 7, 2023 Report No. DS2023-042 Page 8 of 11 Page 138 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicants' Site Plan EQ rn 3,'x 1.w 1 x 4.Irl Site Plan Tounashfp o�� -- Proud Heritage,Fxcitiriq Faum File Plumber!2023-A-21 Development Services June 7, 2023 Report No. DS2023-042 Page 9 of 11 Page 139 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawing 4.14 m. !y,VS Elevation Drawing Tit„ h ��`� - Proud Hrrit¢ge,Fxcitiriq Future File Plumber!2023-A-21 Development Services June 7, 2023 Report No. DS2023-042 Page 10 of 11 Page 140 of 322 6.c) 6.35 p.m. DS2023-042, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Floor Plan -A 'is Is scan le�`� �ic�e 1�,� lirt C �.G4 rc,. �r�orr. ctic�h� �i�e lob lirtie line I m V� Floor Plan Tounas h fp o,f Proud Hrrit¢ge.,Fxcitiriq Future File Plumber!2023-A-21 Development Services June 7, 2023 Report No. DS2023-042 Page 11 of 11 Page 141 of 322 Minor Variance Application (2023-A-21 ) Crosbie Location: 4275 Line 10 North Cn Zoning: Agricultural/Rural (A/RU) o N O N Official Plan: Agricultural Ce N T _ Current Use: Residential v CD CD ®Sumect Land: Warminster Srd. v (D � N O (p co N "Foumsh;p of Pranr(HrrirnRr,Ezrifing Ferlinr Minor Variance Application (2023-A-21 ) Crosbie Purpose: The applicants are proposing to build a detached accessory building Cn (garage). The applicants are seeking relief to the following sections of Zoning 3 By-law 97-95, as amended: o Section 5.1.4— Maximum Height o w Required: Proposed: o 4.5 metres (14.7 feet) 5.0 metres (16.4 feet) N 0 v Section 5.1.6— Maximum Floor Area m Required: Proposed: `D 100.0 square metres (1,076.4 square 142.7 square metres (1,536.0 square feet) n feet) v o v m =3 m CO 3 o CD W Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance Application (2023-A-21 ) Crosbie rn . � Aerial Photo: Cn 4301 w w � f- �. CO4289 N a N p v 1141 az s y, C CD z = CD J n^ `0 W T � V O 421° _ 4797 CD m Arard Hrritagr,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie rn Existing Zoning: , 0 CD 1 N O N W O N ./n" u." A— n CD CD 0 n w O v a CAD � Subject Lands =3 L� •,." A/RU(Agricultural/Rural) """ _p'"" � (YICD O EP(Environmental Protection) _ N To�hip)�{ v Arad Heritage,Ex Wlg Fuf"rr CD CD Minor Variance Application (2023-A-21 ) Crosbie Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 l cn _ N Ty 0 CD CD _ O N v T _ n v m [=Environmental Protection Two Agricultural Agricultural m rn Agricultural Greenlands Greenlands 3 m N �i�oG'^c 22tPi N Pr-d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie Applicant's Site Plan: Cn' ° I p p 3 o CD N Q O �n W ly.b3� O !`� N 3?i f•� V! � (D =3 Ssse (D 4 ua He+.e n v m � - (D v Lire Po r� �CD N �7b �oGi^e,�2�Pi �Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie Applicant's Elevation Cn Drawings: P CD O N W b N 13.bC� 4,64 (D (D 0 v CO 3 (D CO T—hip { �Q N 01 (9i ��� oirt� Pr—d Heril�gr,Ea W,,g Pufurz CD CD Minor Variance Application (2023-A-21 ) Crosbie Applicant's Floor Plans: Cn 0 A i$.tS �'cc,,, lek`�side 10�\ine N 3to,86 ,.�coch oocK 10�1'\ne ON c� h�s c1e lot l\ne W O 'Fcovr. �coc.� to�F\iY�e � C) v 6 � (D (D c � A �� 0 W7 O �9.75 CD C D 3 m CL Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie rn 0 .aP CD m n n v 2- Looking — Looking north along Line 10 North Looking south along Line 10 North CD O CD Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie E. .. (W ;i 11 CD 0 71 ,.. ,...,e, N - (D (D n n v 01 Notice sign posted 3 _ (D CO Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie CD 7 fi I.. g CD All CD Existing detached accessory building Existing single detached dwelling CD (D CO N Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie M .. e CW„ - n _ CO PQ t X ' t _ O PQ • O r la r-f CD M. CD /n l J Existing accessory building and pool Existing detached accessory buildings CD CO CD w id,. s Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-21 ) Crosbie P CD I s x W N t , (D v Location of the proposed detached View of property from the road CD accessory building CD N N . Arard Heritage,Exciting Fw— CD CD Minor Variance Application (2023-A-21 ) Crosbie Recommendation: Approve It is recommended: 3 1. That Report No. DS2023-042 be received and adopted. 0 0) 2. That Minor Variance Application 2023-A-21 by Terry and Thomas Crosbie specifically for permission to build a detached p accessory building (garage)with an increase in height of 5.0 metres(16.4 feet)and an increase in floor area of 142.7 square N metres(1,536.0 square feet), on lands municipally known as 4275 Line 10 North,Township of Oro-Medonte, be approved subject w 6 to the conditions as outlined in Report DS2023-042. N n 3. The conditions are as follows: v c) That notwithstanding Section 5.1.4 and Section 5.1.6,the proposed detached accessory building shall otherwise comply =r with all other applicable provisions of the Zoning By-law; �. d) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as m set out on the application and sketches submitted and approved by the Committee; e) That the detached accessory building shall not be used for human habitation,commercial purposes or for a home industry; n and, v f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required)and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act 2-_ v R.S.O. 1990, c.P. 13. cc CD � con 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's o signature. m w ,/�N Toumsh;p of � NJll-/tQ'� �E;CG(IYGGG r--� Prair(HnilnRr,Esrrlinq Ferhirr CD CD 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-043 Development Services Committee Catherine McCarroll Intermediate Planner Meeting Date: Subject: Motion # June 7, 2023 Minor Variance Application 2023- A-22 by George Hawrysch Roll #: 1146 Line 5 South, 1160 Line 5 R.M.S. File #: 4346-010-008-18500 South & 7 Simcoe Avenue D13- 4346-010-008-18600 4346-010-008-18100 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2023-043 be received and adopted; 2. That Minor Variance Application 2023-A-22 by George Hawrysch specifically to permit two severed lots, both with a minimum lot area of 0.12 hectares (0.29 acres) and to permit a retained lot with minimum lot area of 0.15 hectares (0.36 acres), on lands municipally known as 1146 Line 5 South, 1160 Line 5 South & 7 Simcoe Avenue, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2023-043. 3. The conditions are as follows: a. That notwithstanding Table B1, the proposed severed and retained lots shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed lots be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. 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. Development Services Committee granted Consent Applications 2023-B-05 and 2023-B-06 on May 3, 2023, to sever two residential lots from lands municipally known as 1146 Line 5 South, 1160 Line 5 South & 7 Simcoe Avenue. As a condition of the Consent, Minor Variance Application 2023-A-22 is requesting relief from Table 131 of Zoning By-law 97-95 to permit the Development Services June 7, 2023 Report No. DS2023-043 Page 1 of 9 Page 156 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... two severed lots and the retained lot with reduced lot areas. Specifically, the owner has requested the following relief from Table B1 of the Zoning By-law: Lands conditionally severed through Consent Application 2023-113-05 (1146 Line 5 South): Table B1 — Minimum Lot Area Shoreline Residential Zone Required lProposed 0.2 hectares 0.12 hectares 0.49 acres 0.29 acres Lands conditionally severed through Consent Application 2023-113-06 (1160 Line 5 South): Table B1 — Minimum Lot Area Shoreline Residential Zone Required lProposed 0.2 hectares 0.12 hectares 0.49 acres 0.29 acres Lands to be Retained (7 Simcoe Avenue): Table B1 — Minimum Lot Area Shoreline Residential Zone Required JProposed 0.2 hectares 0.15 hectares 0.49 acres 0.36 acres The site plan is included as Schedules 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 this application. This section has been reviewed and Planning Staff is of the opinion that this application is consistent with the policies of the PPS since the application represents 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 this application. This section has been reviewed and Planning Staff is of the opinion that the residential lots are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential area. Development Services June 7, 2023 Report No. DS2023-043 Page 2 of 9 Page 157 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... 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. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed variances appear to generally conform to these policies as the lots are limited in size and located within a residential plan of subdivision, which is already developed, and therefore not anticipated to have any adverse effect on any agricultural uses or environmental features. As of the preparation of this report, Staff has not received comments from the County. Committee members should have regard to any County comments that may be received. On this basis, Planning Staff is of the opinion that the Minor Variance Application generally conforms to the County of Simcoe's Official Plan. 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 Minor Variance 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 Minor Variance application 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. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of Development Services June 7, 2023 Report No. DS2023-043 Page 3 of 9 Page 158 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... 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. • 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 lands to be retained currently have single detached dwelling and the two lots to be severed could accommodate a future residential use. The proposed variances conform to the general intent and purpose of the Official Plan as they are associated with the creation of two new residential lots within an established residential area. Do the variances maintain the general intent and purpose of the Zoning By-law? 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 two severed lots are proposed to have a lot area of 0.12 hectares (0.29 acres). These minimum lot size requirements have been set out in the Zoning By-law to ensure that there is adequate space on the lot to fit a dwelling, well, septic system and driveway, all within the required setbacks. As a condition of their consent applications, the Building Division requested that the applicant provide a plan that illustrates the approximate building and sewage system envelopes for possible future residential development on the severed lands, as well the 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 Consent Applications. Based on the above, Planning Staff are satisfied that the proposed lot areas would conform to the general purpose and intent of the Zoning By-law. Development Services June 7, 2023 Report No. DS2023-043 Page 4 of 9 Page 159 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed lot areas are comparable to other properties in the area. In fact, some of the original lots in Plan 709 are half the size of the lots being proposed, which can be seen in Schedule 1 — Location Map and Schedule 2 —Aerial Photo. In Planning Staff's opinion, the proposed lot sizes would not stand-out, look out of place or detract from the character of this established residential area. Based on the above, Planning Staff is satisfied that the proposed development is desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed lots are comparable in size to other lots in the neighbourhood, the reduced lot areas are not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the character of this established residential area. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services June 7, 2023 Report No. DS2023-043 Page 5 of 9 Page 160 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... 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 Building Division — No comment. • Hiawatha First Nation — No questions or concerns at this time. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-22 be approved, specifically to permit two severed lots with a lot area of 0.12 hectares (0.29 acres) and a retained lot with an area of 0.15 hectares (0.36 acres), 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, an represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP May 31 , 2023 Senior Planner Derek Witlib, RPP May 31, 2023 Director, Development Services Development Services June 7, 2023 Report No. DS2023-043 Page 6 of 9 Page 161 of 322 6.d) 6.45 p.m. DS2023-043, 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. JU111. 1 1144 271 85 9 4 13 5 1146 273 � 8 7 1161 9 8 10 ui 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 June 7, 2023 Report No. DS2023-043 Page 7 of 9 Page 162 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re'... Schedule 2: Aerial Photo —VaseyRd,— ' WindfOM 17r.E. .Meonst—Rd--A'� Lakeshore Rorseshae•ValleY'Rd. ? Q old.Rarrie�Rd. J _ L Ql 279 � 7 Lakeview Rd. 277 1 1144 13 S 1146 Yr 7 1161 8 ._..-,.38. �. 1160 7 fn d � Q � 1166 � 11 t17 J O 10 v E 9 1170 1173 T5 12 11 117fi 85 19 14 15 1182 7 17 __ 1186 14 8 1195 Greenwood Forest Rd. Balsam LX'� 7 5 Aerial Q Subject Lands IWnship0 Proud Heritage,Exciting Future File Number:2023-3-05 and 2023-B-06 41 1 I 1 I I Development Services June 7, 2023 Report No. DS2023-043 Page 8 of 9 Page 163 of 322 6.d) 6.45 p.m. DS2023-043, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Site Plan 1 e C-0 -opa�w lb a 11 ace's'ragas a l asG9�.ca � gcos Site Plan �"� '` Tvoinrsf {- Proud Heritage,6xrrtirrq Friturr File Number:2023-A-22 Development Services June 7, 2023 Report No. DS2023-043 Page 9 of 9 Page 164 of 322 Minor Variance Application (2023-A-22) Hawrysch Location: 1146 Line 5 South, 1160 5, Line 5 South & 7 Simcoe Avenue L 9 Wlndflelds•U L kesh-4Rd Zoning: Shoreline Residential (SR) m 0 L�k—ie-Rd. N i 0 Official Plan: Shoreline W 4 N v Current Use: Residential E a = (D n _ 0 ®s�iea��es Forest Balsam Ln.' Greenwood 0 v (D � N Pr-d Heritage,Exciting Fufurr Minor Variance Application (2023-A-22) Hawrysch Purpose: An application has been submitted requesting the following variances from Zoning By-law 97-95, as amended: Lands conditionally severed through Consent Application 2023-13-05(1146 Line 5 South): 3 Table B1 —Minimum Lot Area(Shoreline Residential Zone) p CD Required jProposed 0 0.2 hectares 0.12 hectares N (0.49 acres) (0.29 acres) W O Lands conditionally severed through Consent Application 2023-13-06(1160 Line 5 South): Table B1 —Minimum Lot Area(Shoreline Residential Zone) v Required jProposed N 0.2 hectares 0.12 hectares (0.49 acres) (0.29 acres) (D n Lands to be Retained(7 Simcoe Avenue): 0 !v Table B1 —Minimum Lot Area(Shoreline Residential Zone) 0 vRequired jProposed — (D(D 0.2 hectares 0.15 hectares =3 (0.49 acres) (0.36 acres) CD The variances relate to Consent Applications 2023-B-05&2023-B-06,which were conditionally approved by the Committee on May 3, 3 0 2023. (D Toumsh;p of 0) N 1—hip 0)r--� Prair(HnilnRr,Esrrlinq Ferhirr CD CD Minor Variance Application (2023-A-22) Hawrysch LAV Aerial Photo: ` ' Lakeview Rd. z=# 44 3 V! N 5 46 0 N 61 W 8 38 0 J 7 1166 W 4 tll j N 0 Q y \/ 11 y 1166 C o E 9 CD C N 1t76 1173 CD 12 11 7Ar7fi. 1 1185 !0'l 1'B 14 75 118e � 7 11 O 1186 (Q 74 8 95 f CD Greenwood Forestd-, - % Balsam Ln. O ..11►' :- 1' _ i6i�ts��s� { aO(D Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-22) Hawrysch Existing Zoning: o Co oil N O Windtields Dr,E. Lakeshore Rd.W. N 1 Lakeview Rd. rfe QECD �CD Subject LandsRd. 0 RUR1 (Rural Residential One) Dree„Woo n SR (Shoreline Residential) oRLS (Residential Limited Service) K m A/RU (Agricultural/Rural)cc m 0 EP(Environmental Protection) � 0— OS(Open Space) 53, N l!-' efl��CCGUY N Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-22) Hawrysch Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: CD -------------- W N \ —— CD [B ,am - i aaa�wxe oeF rec.M -� 0 - e e penfeIX v Protection m Environmental Pr tecU n Two Greenlands Greenlands =3 rn Rural Shoreline Rural CD Shoreline 3 (D N �i�oG'^c 22tPi N .� Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-22) Hawrysch Applicant's Site Plan: 3 0 CD NO a6voo�1�50°� N ova 0 a�or�30 W 0 v of � (D (D LQ vS6y®`ed��'L� C7 � v p — N v � 0 (D Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-22) Hawrysch k } N OR (D CD - l J Looking North along Line 5 South Looking South along Line 5 South CD �CD Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-22) Hawrysch Y CD CD O O (D N n n v cQ Looking North along Simcoe Avenue Looking South along Simcoe Avenue CD N 3 (D CO T—hip ~ �Q N Pr—d Heril�gr,Ea W,,g Future CD CD Minor Variance Application (2023-A-22) Hawrysch CD O O w} W CD yam' i C. l J 0 Notice signs posted w 3 CD W Tow�hip { g Pr—d Heril�gr,Ea W,,g Pufurz CD CD Minor Variance Application (2023-A-22) Hawrysch l^ IN 1 M - Lands conditional) severed through Lands conditional) severed throu h Y 9 Y 9 Consent Application 2023-B-05 Consent Application 2023-B-06 w (1146 Line 5 South) (1160 Line 5 South) Q N l! Pr—d Heritage,Exciting Fufurr Minor Variance Application (2023-A-22) Hawrysch ,/ j,) _ a ` (n O N W CD (D 0 O e v m Cn Retained lands wCD � Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application (2023-A-22) Hawrysch Recommendation: Approve It is recommended: 3 1. That Report DS2023-043 be received and adopted; p 07 2. That Minor Variance Application 2023-A-22 by George Hawrysch specifically to permit two severed lots, both with a minimum lot o area of 0.12 hectares (0.29 acres)and to permit a retained lot with minimum lot area of 0.15 hectares(0.36 acres), on lands w municipally known as 1146 Line 5 South, 1160 Line 5 South &7 Simcoe Avenue, Township of Oro-Medonte, be approved subject to 0 the conditions as outlined in Report DS2023-043. w n 3. The conditions are as follows: a. That notwithstanding Table B1, the proposed severed and retained lots shall otherwise comply with all other applicable m provisions of the Zoning By-law; =' b. That the proposed lots be substantially and proportionally in conformity with the dimensions as set out on the application m and sketches submitted and approved by the Committee. n n 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. o v m =3 m rn 3 o � .m w � Toumsh;p of _� N ll-/tQ'� �E;CG(IYGGG r--� Prair(HnilnRr,Esrrlinq Ferhirr 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re: Minor Va... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-045 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # June 7, 2023 Minor Variance Application 2023-A-23 Roll #: Monica and Ray Schiele R.M.S. File #: 4346-010-009-74500 129 Parkside Drive D13 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-045 be received and adopted. 2. That Minor Variance Application 2023-A-23 by Monica and Ray Schiele, specifically to permit the construction of a deck to be attached to the existing dwelling with a minimum setback of 15.6 metres (51.5 feet) from the average high water mark of Lake Simcoe, on lands municipally known as 129 Parkside Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-045. 3. The conditions are as follows: a) That notwithstanding Table 131 and Section 5.30 of Zoning By-law 97-95, the proposed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the 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 deck is located no closer than 15.6 metres from the average high water mark of Lake Simcoe (219.15 m.a.s.I.); and, d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit if required, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services June 7, 2023 Report No. DS2023-045 Page 1 of 15 Page 177 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... 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 129 Parkside Drive and currently support a one-storey single detached dwelling with an attached garage and a 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-23 is to permit the construction of a deck to be attached to the existing single detached dwelling with a reduced setback to Lake Simcoe. The applicants have requested relief from the following sections of Zoning By-law 97-95, as amended: Section 3.0 Table B1 / Section 5.30 Setback from Average High Water Mark of Lake Simcoe and Bass Lake Required: Proposed: No building or structure, with the To permit a deck attached to the existing exception of boathouses and dwelling with a setback of 15.6 metres pumphouses, shall be located within 20.0 (51.1 feet) to the average high water mark metres (65.6 feet) of the average high of Lake Simcoe water mark of Lake Simcoe. Section 5.7 — Decks Required: Proposed: Decks attached to a single detached To permit a deck attached to the existing dwelling are not permitted within dwelling with a setback of 15.6 metres 20.0 metres (65.6 feet) of the average (51.1 feet) to the average high water mark high water mark of Lake Simcoe of Lake Simcoe 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. Development Services June 7, 2023 Report No. DS2023-045 Page 2 of 15 Page 178 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... 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 deck 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 the proposed deck complies with the LSRCA's 15.0 metre setback requirement. 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, Development Services June 7, 2023 Report No. DS2023-045 Page 3 of 15 Page 179 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... (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 4). The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed deck 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 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 Development Services June 7, 2023 Report No. DS2023-045 Page 4 of 15 Page 180 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... 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 and, by extension accessory uses, such as decks. On this basis, the requested variance for the construction of a deck at the rear (lakeside) of the dwelling 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 vet 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 and, by extension accessory uses, such as decks. 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 deck will not stand-out, look out of place or detract from the character of this shoreline residential area in which several lots have decks that are attached to the rear (lakeside) part of the dwelling. The Owners will be required to obtain a Building Permit for the proposed deck. Furthermore, as the proposed deck meets the LSRCA's 15 metre setback requirement from the average highwater mark of Lake Simcoe, no impacts are Development Services June 7, 2023 Report No. DS2023-045 Page 5 of 15 Page 181 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... 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 deck 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 deck is to be setback 15.6 metres, which is consistent with the LSRCA's 15.0 metre setback requirement, and appears to also approximately match the setback of the dwelling located on the neighbouring property to the east and with the dwelling and attached deck on the neighbouring property to the west. In Planning Staff's opinion, this would have no new or aggravating impact on Lake Simcoe. 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. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the 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. Development Services June 7, 2023 Report No. DS2023-045 Page 6 of 15 Page 182 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re: Minor Va... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No objection. • Township Operations Division — No comments. • Hiawatha First Nation — no questions or concerns at this time. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' 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-23 be approved on the basis that the application meets the four tests of the Planning Act, conforms to or is Development Services June 7, 2023 Report No. DS2023-045 Page 7 of 15 Page 183 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... 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, May 31, 2023 Director, Development Services Development Services June 7, 2023 Report No. DS2023-045 Page 8 of 15 Page 184 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 1: Location Map e. 301 758 967 ao0 '1 760 395 Icxo. 763 was„.qa.E) 764 325 778 Q 766 789 O a 343 H 796 832 840 850 856 864 868 776 792 342 804 4 345 872 Lakeshore Rd.E. 1 791 799 849 859 160 871 783 130 138 106 110 116 122 811 9s 62 90 parkside 4r• 1s7 74 181 163 173 155 115 123 129 139 147 105 89 99 81 73 Lake Simcoe Location A Subject Lands T, nship)f Proud Heritage,Exciting Facture r/f 0 100 rn File Number 2023-A-23 Development Services June 7, 2023 Report No. DS2023-045 Page 9 of 15 Page 185 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 2: Aerial Photo 849 130 , p�arks+de pr.. r 147 s r 139 � 23C 115 OR i 't Aerial ITOW!'ISh4f1 Subject Lands p Proud Heritage,Exciting Future 0 100 rn File Number 2023-A-23 /V I�i�l Development Services June 7, 2023 Report No. DS2023-045 Page 10 of 15 Page 186 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 3: Applicants' Site Plan J B' - Y B1 _ 1 3 ^i Z=L KMV v • :au�«me�e ?.5Si:vri nfL `REon_R nor _s -loon --- - r LAKE 51 w-OG Site PlanTownship(?f Proud HMta7e,Fxcirikq haure File Number:2023-A-23 Development Services June 7, 2023 Report No. DS2023-045 Page 11 of 15 Page 187 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Via Schedule 4: County Official Plan Land Use �oo. ffr a V) C 7AF17 G� Qa Lakeshore Rd.E. - Parkside prt. _ County of Simcoe — Land Use 4=3 Subject Lands Greenlands Rural Township of Proud Heritage,Exciting Future {) 100 1"n File Number:2023-A-23 N i k i Development Services June 7, 2023 Report No. DS2023-045 Page 12 of 15 Page 188 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 5: Current Township Official Plan Land Use Rd lid_ �, Q� rt� � 2 J m Gf Q O L 3 F- i r� aG e Pa1tt'�� Lakeshore Rd.E. P rkside Dr. Township Official Plan - Land Use L_I Rural r.J Subject Ldnds F-7 Shoreline Township of Proud Heritage,Exciting Future 0 100 M File Number 2023-A-23 I i i Development Services June 7, 2023 Report No. DS2023-045 Page 13 of 15 Page 189 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 6: Adopted Township Official Plan Land Use = Ra.w. Rd V1 4 c CL � J 9 m O 0 O L 7 H Gr ea Lakeshore Rd.E. XX Qarksidie Dr. I I - -- --- — ----Lake Simcoe Township Adopted Official Plan (2022) - Land Use R.subject Lands Greenlands Shoreline Tat��itsh�pa�,l GC.[.[[l Proud Heritage,Exciting Future 0 300 M File Number_2023-A-23 Development Services June 7, 2023 Report No. DS2023-045 Page 14 of 15 Page 190 of 322 6.e) 6.55 p.m. DS2023-045, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 7: Existing Zoning SR;61 a d� SR X � O1 W SR L J � SR m R G = 0 �J SR-37 �r 6 R Lakeshore Rd.E. RLS H\ SDIPIV SR ks+de pr. SR Lake Simcoe Existing Zoning SR(Shoreiine Residential) CZ-1 RLS(Residential Limited Service) � Subject Lands Towiuhi a A/RU(Agricultural/Rural) /�] _ _ p l _ EP(Environmental Protection) f�(x/' Proud Heritage,Exciting Future 0 File Number:2023-A-23 J Meters I i i i I Development Services June 7, 2023 Report No. DS2023-045 Page 15 of 15 Page 191 of 322 Minor Variance Application (2023-A-23) Schiele Location: 129 Parkside Drive y Zoning: Shoreline Residential (SR) g �� Official Plan: Shoreline - - Lakeshore Rd.E. Y ()1 I I__ 1 1 Q - I I 1� ___ pa Kside Dr. 1 D Current Use: Residential , _ I 1 ! ®—,dL.- v m m 0 N � 4, =3 N (9ip rr m Pr—d Heril�gr,Eaeilisg Future 0 Minor Variance Application (2023-A-23) Schiele Purpose: The applicants are proposing to construct a deck to be attached to the existing single detached dwelling with a reduced setback to Lake Simcoe. The 3 applicants are seeking relief to the following sections of Zoning By-law 97-95, as amended: N 0 N Section 3.0 Table B1 /Section 5.30 Setback from Average High Water Mark of Lake Simcoe and Bass Lake o Required: Proposed: No building or structure, with the To permit a deck attached to the existing D exception of boathouses and dwelling with a setback of 15.6 metres Q pumphouses, shall be located within 20.0 (51.1 feet)to the average high water mark metres (65.6 feet)of the average high of Lake Simcoe v water mark of lake Simcoe. v Section 5.7—Decks Required: Proposed: Decks attached to a single detached To permit a deck attached to the existingCD dwelling are not permitted within dwelling with a setback of 15.6 metres 0 w20.0 metres (65.6 feet)of the average (51.1 feet)to the average high water mark o high water mark of Lake Simcoe of Lake Simcoe CD Praiir(HrrinRr,Ezrifing Ferliirr � 0 Minor Variance Application (2023-A-23) Schiele CD Aerial Photo. Ar -z o 0 14; � p N W 139 � t V! 0 N 0 0 { =3 N V1Y/G•� CD (D Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-23) Schiele CD Existing Zoning: --- ""' Cn 0 N ON W O m � x � C3i D P � Lakeshore Rd.E. 1 1 a Subject Lands Pa` Sao. Cn rn SR(Shoreline Residential) CD cD RLS{Residential Limited Service) Lake 0 CCO nn A/RU (Agricultural/Rural) Simcoe °� ® EP(Environmental Protection) /��� �� f N V1Y/G'efl��:�.G(IICGG � (D Pr—d Heritage,Ex W,,g Fuf"rr 0 Minor Variance Application (2023-A-23) Schiele Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 CD - o - o = o D v Lake Simcoe ((D v c�u Rural Greenlands Greenlands 0 rn Shoreline Shoreline Rural sv o =3 (D Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-23) Schiele Applicant's Site Plan: �`-� .,� CCn s N 0 N O 'O D Q .. 1.57 rn v — -- CD LOT 8 =3 O v -- O - - L.A Scmcoc - � W T�ow�dchip, { � =3 N V1Y/G'� CD Pr—d Heritage,Exciting Fufurr O Minor Variance Application (2023-A-23) Schiele CD C /r� V! O 52, lPi , t ' <'. # _,. '++�..F, %" � Rai ��� Y F"'"•', -i"1�r �Y. "�^ ..� j �9. a�"� d CD CD View looking east View looking west Notice sign posted CO along Parkside Dr along Parkside Dr /�r`�`h'? �9��' �,/� CD N l!1'l/Ge lvCC�l.l.(/It P� % Pr—d Heritage,Exciting Fufurr 0 Minor Variance Application (2023-A-23) Schiele N o t - 11 �. ta , x CD Subject property from Lake Simcoe Subject property from Parkside Dr CD NOtTCD Pr—d Heril�g,.Ea W,,g Future 0 Minor Variance Application (2023-A-23) Schiele 4 2 r CD tr Ga } ` X t D N N CD v CD C.0 =CD Proposed location of rear deck to be Looking west at location 0 0 attached to dwelling of reafr�deck (D Pr—d Heritage,Exciting Future 0 W Minor Variance Application (2023-A-23) Schiele Recommendation: Approve It is recommended: 3 1. That Report No. DS2023-045 be received and adopted. 0 07 2. That Minor Variance Application 2023-A-23 by Monica and Ray Schiele,specifically to permit the construction of a deck to be N 0 attached to the existing dwelling with a minimum setback of 15.6 metres(51.5 feet)from the average high water mark of Lake W Simcoe,on lands municipally known as 129 Parkside Drive,Township of Oro-Medonte, be approved subject to the conditions as o outlined in Report DS2023-045. cn 3. The conditions are as follows: D c) That notwithstanding Table 131 and Section 5.30 of Zoning By-law 97-95,the proposed deck shall otherwise comply with Q all other applicable provisions of the Zoning By-law; `< d) That the proposed deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; e) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing,the foundation,that the deck is located no closer than 15.6 metres from the average high water 7- mark of Lake Simcoe (219.15 m.a.s.I.);and, to f) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit if required,and Building co m cW Permit be obtained from the Township only after the Committee's decision becomes final and binding,as provided for 2. m within the Planning Act R.S.O. 1990, c.P. 13. 0 N _% O 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. _401 �. �o co ,/�Township of ((D N ll-/ _% Prair(HnilnRr,Esrrlinq Ferhirr � 0 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance A... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-051 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # June 7, 2023 Minor Variance Application 2023-A-24 by Roll #: Steve Moffat R.M.S. File #: 4346-010-007-20610 1931 Ridge Road West D13 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2023-051 be received and adopted. 2. That Minor Variance Application 2023-A-24 by Steve Moffat, specifically for the purposes of an increase in floor area and height for a detached accessory building, on lands municipally known as 1931 Ridge Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-051. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and 5.1 .6, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the open-air cabana shall remain unenclosed; d) That the detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; and, e) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), and Building Permit only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services June 7, 2023 Report No. DS2023-051 Page 1 of 10 Page 202 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance A... Background: The subject property that has an area of 0.44 hectares (1.1 acres) and supports a single detached dwelling. A Location Map is included as Schedule 1 to this report and an Aerial Photo is included as Schedule 2. The applicant is requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1 .4 — Maximum height, detached accessory building Required. Proposed. 4.5 metres 14.7 feet 5.05 metres 16.58 feet Section 5.1.6 — Maximum floor area, detached accessory building Required: Proposed- Agricultural/Rural (A/RU) Zone, the Garage — 118.0 sq.m. (1,270.0 sq.ft.) maximum floor area of any one Open-air cabana — 77.1 sq.m. (830.0 sq.ft.) detached accessory building or structure is 100 square metres Total — 195.0 sq.m (2,100.0 sq.ft.) (1076.4 square feet). The applicants' site plan and elevation drawings are included as Schedules 3 and 4. Analysis: Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1.3 — Settlement Areas, is applicable to this application. Specifically, Section 1.1 .3.1 speaks to settlement areas being the focus of growth and development. The subject lands are within the Shanty Bay rural settlement area. Planning Staff is of the opinion that this application is consistent with the Provincial Policy Statement, 2020. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 Managing Growth is applicable to this application and states that settlement areas should be the focus of growth. This section has been reviewed and Planning Staff is of the opinion that the proposed accessory building conforms to the policies in the Growth Plan as the lands are already within an established rural settlement area. Development Services June 7, 2023 Report No. DS2023-051 Page 2 of 10 Page 203 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance A... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). The property is not located in the LSRCA regulated area and is not within the LSRCA identified floodplain. 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 the day to be named by proclamation of the Lieutenant Governor. 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). In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the rural settlement area of Shanty Bay. Development Services June 7, 2023 Report No. DS2023-051 Page 3 of 10 Page 204 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance A... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing Official Plan will be repealed once the updated Official Plan is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are within the Rural Settlement Area of Shanty Bay, which forms part of the Township's Current and Adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variances pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) according to the Township's Zoning By-law 97-95. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. The proposed detached accessory building is similar in size to the existing dwelling on the property. Planning Staff are satisfied that the proposed structure will appear secondary and subordinate to the main dwelling structure as it is smaller than the dwelling and located within the rear yard of the property. In Planning Staff's opinion, the proposed accessory building would be clearly subordinate and secondary to the main dwelling. Based on the above, Planning Staff are satisfied Development Services June 7, 2023 Report No. DS2023-051 Page 4 of 10 Page 205 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance A... that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the proposed accessory building would not be visible from the road or neighbours as the property is heavily treed. In Planning Staff's opinion, the proposed design, size and use of the accessory building would clearly be secondary and subordinate to the applicants' main dwelling. The location of the proposed accessory building would not interfere with functional matters on the lot such as parking or the septic system area. Building Department comments state that the applicant shall indicate the septic location on an engineered lot grading plan at the time of building permit submission. Distances to the existing septic system are to be in compliance with the Ontario Building Code. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have any adverse impacts, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Development Services June 7, 2023 Report No. DS2023-051 Page 5 of 10 Page 206 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re: Minor Variance A... 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 Building Department - Building Division has no comment at this time. Owner/Application to be aware that the septic location shall be indicated on an engineered lot grading plan at time of building permit submission. • Hiawatha First Nation — no concerns Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Applicants' Detached Accessory Building Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-24 be approved, specifically for the purposes of an increase in size and height for a detached accessory building, on lands municipally known as 1931 Ridge Road West, 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, RPP, Senior Planner June 1, 2023 Derek Witlib, RPP, Director, Development Services June 1, 2023 Development Services June 7, 2023 Report No. DS2023-051 Page 6 of 10 Page 207 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map 777�7w nnoe� H 918 111 oias.aewd,w. e yena,w. 1055 1064 1071 6 B 10 12 14 68 72 80 86 94 100 106 112 118 124 132 138 144 1074 1088 4 William St. 26 1083 - 3 16 17 6 7 8 7 6 9 B Rd� 1093 2 14 13 16 15 16 15 19 ke3 Sj 1 14 15 22 'a 21 24 25 24 23 Meliss m 7 1 d CreS 13 30 C 29 30 N 33 32 C 31 1120 3 5 37 to fl- 7 9 11 38 39 40 N 39 2048 [�1462034 2022 �44 24 16 8 47 2016 2006 2000 1950 Graham St. 55 1990 53 H41: 35 27 63 21 7 64 2007 s Ridge Rd.W. 73 ). 1164 1160 1157 14 1985 11" 4i 1963 1957 1167 20 n 19 1174 y 1931 1180 1179 32 d 25 1935 1911 1871 1177 31 1184 1189 39 43 12 1927 1200 44 1197 Location ' woll ® Subject Lands Totunship of, Proud Heritage,Exciting Futurr 0 loom File Number:2023-A-24 I I I Development Services June 7, 2023 Report No. DS2023-051 Page 7 of 10 Page 208 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo I' 54 46 44 � 24 ar Graham S#, y c 53 a f�? 47 41 35 q Ridge 963 1957 1931 25 1935 1911 �. 31 43 1927 b2 47 45 Aerial Q Subject Lands Township of Proud Heritage,Exciting Future ^4A 0 100 m File Number:2023-A-24 I Development Services June 7, 2023 Report No. DS2023-051 Page 8 of 10 Page 209 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re- Minor Variance A... Schedule 3: Site Plan i 0 i i - i � i i I i i i 4 � i Site Plan T ]� � Proud Heritage,Exciting Future File Numbers 2023-A-24 Development Services June 7, 2023 Report No. DS2023-051 Page 9 of 10 Page 210 of 322 6J) 7.05 p.m. DS2023-051 , Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicants' Detached Accessory Building Elevation �1 17 I � � r W ,me,CY4PVwnpx •.r ��.. Elevation Drawings To„-is,,ipof I��nud Herila,�e,Exciting Frature File Number:2023-A-24 Development Services June 7, 2023 Report No. DS2023-051 Page 10 of 10 Page 211 of 322 Minor Variance Application (2023-A-24) Moffat Location: 1931 Ridge Road West --I Zoning: Agricultural/Rural (A/RU) o is --1T�-A L o Williams. _ N Official Plan: Rural Settlement Rarh! r Via_ � o _I I� W ss 4 Area Graham St.-L — - Current Use: Residential , --__ _IR,�gCD CD enure st.. s,�ea�d T—_ '' v I (Q =3 (D =3 (D N O W T—hip of s N � =N 0 Pr—d Hering,,Ea W,,g Future M. 0) 0 D Minor Variance Application (2023-A-24) Moffat Purpose: The applicant is proposing to construct a detached accessory Cn building. The applicant is seeking relief to the following sections of Zoning By- 3 law 97-95, as amended: o N Section 5.1.4— Maximum height, detached accessory building o w Required: Proposed: con 4.5 metres (14.7 feet) 5.05 metres (16.58 feet) 0 v Section 5.1.6— Maximum floor area, detached accessory building m Required: Proposed: Agricultural/Rural (A/RU)Zone, the Garage— 118.0 sq.m. (1,270.0 sq.ft.) v maximum floor area of any one Open-air cabana—77.1 sq.m. (830.0 sq.ft.) CD detached accessory building or structure is 100 square metres Total— 195.0 sq.m (2,100.0 sq.ft.) v (1076.4 square � N feet). CD wCD o CD W Township of N 0 Praiir(HrrinRr,Ezrifing Ferliirr � 0 CD D Minor Variance Application (2023-A-24) Moffat Aerial Photo: Ridge 0 N O N 1963 (�J 959 � O � (31 931 25 1935 CD 1911 CS 31 .-f CD 43 1927 12 CQ =3 CD N V1Y/G'� =. N 0 Pr—d Heritage,Exciting Fufurr 0 CD D Minor Variance Application (2023-A-24) Moffat zt Existing Zoning: B. A 0 N O IE7W William se. (031 Ra egsr 0 ,Heus�a rc =3 �roa. ; C' ` Subject Lands m RI (Residential One) CD SR (Shoreline Residential) R tl9e Rtl.W, LC (Local Commercial) Cd _ A/RU (Agricultural/Rural) m EP (Environmental Protection) .,. p m OS(Open Space) o I (Institutional) Arard Heri1q,.E-W,,A Fnl O M. 0) n O D Minor Variance Application (2023-A-24) Moffat Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 CD O N W 0 D. (D m i; to f b 1 Rural Agricultural Agricultural =3 (D 0 Agricultural Greenlands Settlements Rural Greenlands 0 R l Sttl t A (D Rural Settlements Rural N =3 N Pr—d Heritage,Exciting Fufurr O n tD D Minor Variance Application (2023-A-24) Moffat ------- Applicant's Site Plan: ---- 0 r i i 0 CD O i i W O i i C31 i I — (D ; C I I � � I CD v i m o Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application (2023-A-24) Moffat Applicant's Elevation Drawings: o N W -- -- -- ' \ O 41 CD II L CD COCD (D O { T—hip of O. Araard Hn�ilnRr,Ezrifing Ferliirr � W M. W n CD D Minor Variance Application (2023-A-24) Moffat h. C � F O 4� a } N O I 0 CD v lV�F mm View looking north on View looking south of View of dwelling fromCD N CD Ridge Road Ridge Road road N O Pr—d Heritage,Exciting Fufurr M. 0) n CD D Minor Variance Application (2023-A-24) Moffat 0 3 0 m � O - - 0 v (D� (D v 3"- N � � v Notice sign posted Existing dwelling N � N � O O Pr-d Heritage,Exciting Fufurr O n CD D Minor Variance Application (2023-A-24) Moffat I 4 4CD cn 0 O N � W _ I � s- r (D W (D N Proposed location for detached accessory building 0 CD N lr/�Q'� � =. IQ0 Prai�r(HnilnRr,Esrrlinq Ferhirr � 0 CD D Minor Variance Application (2023-A-24) Moffat rn zt Recommendation: Approve It is recommended: 3 1. That Report No. DS2023-051 be received and adopted. 0 0) 2. 2. That Minor Variance Application 2023-A-24 by Steve Moffat,specifically for the purposes of a detached accessory building with a N 0 maximum height of 5.05 metres(16.58 feet)and floor area of a garage—118.0 sq.m. (1,270.0 sq.ft.)and attached open-air cabana w —77.1 sq.m. (830.0 sq.ft.)for a total of 195.0 sq.m(2,100.0 sq.ft.), on lands municipally known as 1931 Ridge Road West,Township o of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-051. 3. The conditions are as follows: p v c) That notwithstanding Section 5.1.4 and 5.1.6,the proposed accessory building shall otherwise comply with all other CD applicable provisions of the Zoning By-law; Cp d) 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; v e) That the open-air cabana shall remain unenclosed; (D f) That the detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; v� and, g) That the Applicant obtain from the Township the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), v cQ and Building Permit only after the Committee's decision becomes final and binding, as provided for within the Planning Act � N R.S.O. 1990, c.P. 13. m N � N Cp 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature w 1F =. N 0 Proud Hri;mgr,Es iimg Fnnnr 0 CD D 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re: Consent ... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-046 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # June 7, 2023 Consent Application 2023-B-07 by Trevor, Jennifer & Kevin Roll #: Moore R.M.S. File #: 4346-010-005-10500 625 Line 12 North D10- Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2023-046 be received and adopted. 2. That the Development Services Committee grant provisional consent to Consent Application 2023-B-07 pertaining to lands located at 625 Line 12 North, Township of Oro- Medonte, to create a new lot having a lot area of approximately 1 .5 hectares (3.7 acres) and a lot frontage of approximately 149.1 metres (487.1 feet) containing a dwelling that is surplus to the applicant's consolidated farm operation, subject to the conditions as outlined in Report DS2023-046. 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 severed or retained parcel. b) That the retained lands be rezoned to an Agricultural/Rural Exception Zone to prohibit residential uses consistent with the Provincial Policy Statement and that the severed lands be rezoned to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building. c) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands; 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 June 7, 2023 Report No. DS2023-046 Page 1 of 19 Page 223 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... 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. 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 year from the date of the giving of the notice. WARNING: Failing to fulfil the conditions within the above-noted statutory two year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicants be advised of the Committee's decision under the Secretary- Treasurer's signature. Background: The subject lands have a lot area of 70.8 hectares (174.9 acres) and contain a single detached dwelling and three accessory buildings: a barn used to shelter cattle in the winter, and two buildings used for agricultural storage and a garage. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). The lands to be severed will support the single detached dwelling and the accessory buildings including the barn. The applicant has indicated that the barn is not needed to support the agricultural field on the retained parcel and that the applicant's have other barns in close proximity to these lands to shelter their cattle. The applicants are proposing to sever a lot containing the dwelling on the basis that the dwelling is surplus to the applicants consolidated farm operation. The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approximately 149.1 m 487.1 ft. Approximately 571 .7 m 1,875.6 ft. Depth: Irregular lot depth between 96.3 m Irregular — 113.2m 315.9 ft. — 371.3ft. Area: Approx. 1.5 hectares 3.7 acres Approx. 69.3 hectares 171.2 acres Use: Continued Residential Continued Agricultural The applicants Consent Sketch is included as Schedule 3 to this report. Development Services June 7, 2023 Report No. DS2023-046 Page 2 of 19 Page 224 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re: Consent ... Analysis: Provincial Policy Statement 2020 (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 - Agriculture are applicable to this application. Section 1.1 .4 of the PPS contains policies related to "Rural Areas in Municipalities" and specifically, Section 1 .1 .4.1 d) of the PPS encourages "the conservation and redevelopment of existing rural housing stock on rural lands." The subject lands are located in a Prime Agricultural Area and Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: a. agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b. agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and, d. infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way." Section 2.3.4.1(c) regarding the severance of a residence surplus to a farming operation is the policy that is most directly relevant to this application. The proposed consent is a severance of a residence surplus to a farming operation as a result of a farm consolidation. Between the owner of the subject lands (Trevor, Jennifer & Kevin Moore) and two of the partners of the farming operation, they own two (2) additional farm properties in the Township, see Schedule 4, each of which contain single detached dwellings located at 1600 15/16 Sideroad East and 592 Line 12 North. The applicants are proposing to sever the dwelling on the subject farm parcel (625 Line 12 North) on the basis that it is surplus to their farming operation. The west side of Line 12 North contains a Provincially Significant Wetland and Significant Woodland as noted in the Township's Official Plan Schedule B — Natural Features (refer to Schedule 7). In accordance with Section 2.1.8 of the PPS, development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas unless the Development Services June 7, 2023 Report No. DS2023-046 Page 3 of 19 Page 225 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Adjacent lands is defined as: "lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands may be recommended by the Province or based on municipal approaches which achieve the same objectives" (p. 39). Planning Staff are satisfied that the proposed new lot will not have any adverse impact on the woodland or wetland as it is located more than 200 metres (656.1 feet) from the natural heritage features and separated by Line 12 North. During a site visit of the subject property, livestock were identified on the subject property. According to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Minimum Distance Separation (MDS) Document, an MDS I setback is required for a proposed surplus dwelling severance that contains an existing dwelling and an existing livestock facility on the same property. The applicant has indicated that the existing barn is not needed to support the agricultural field on the retained parcel, and that the applicant have other barns in close proximity to shelter their cattle. As such, the severed property will not contain livestock and an MDS I is not required. Planning Staff are recommending a condition be added to the approval of this application that requires the applicant to provide written confirmation to the Township that the cattle have been relocated from the subject property to another barn. On the basis of the above policies, the proposed Consent application is considered to be consistent with the Provincial Policy Statement 2020, subject to the amendment to the zoning of the retained lands, prohibiting their use for residential purposes. Growth Plan for the Greater Golden Horseshoe (2019) The Growth Plan for the Greater Golden Horseshoe (2019) provides a long-term plan to manage growth and protect the natural environment. Section 2.2 of the Growth Plan contains policies for "Where and How to Grow", and states in Section 2.2.9.6 that "New ... lots ... for residential development ... may be allowed in rural areas in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006." The Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." According to Schedule B of the Township's Official Plan, the west side of Line 12 North is designated Environmental Protection One due to the presence of a Provincially Significant Wetland and Significant Woodland. As a result, Section 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features is now also applicable to this application. Specifically, Section 4.2.4.1 of the Growth Plan states: Development Services June 7, 2023 Report No. DS2023-046 Page 4 of 19 Page 226 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrological feature will require a natural heritage evaluation or hydrological evaluation that identifies a vegetation protection zone, which: a. Is of sufficient width to protect the key natural heritage feature or key hydrological feature and its functions from the impacts of the proposed change; b. Is established to achieve and be maintained as natural self-sustaining vegetation; and, c. For key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrological feature". (p. 43-44 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019). The Province has mapped a Natural Heritage System for the Greater Golden Horseshoe, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Since the proposed new lot will be located more than 200 metres (656.1 feet) from the natural heritage features, Planning Staff are satisfied that an Environmental Impact Study (EIS) is not required and that the proposed development conforms to the natural heritage policies in the Growth Plan. Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation is considered to conform to the Growth Plan policies of the Province. County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the County of Simcoe Official Plan (refer to Schedule 5). The severed lands are located within the "Agricultural" designation. Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 3.3.5 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. 18). Section 3.6 of the County's Official Plan contains Agricultural policies that include criteria for lot creation and specifically 3.6.7(c) states that the severance of a residence surplus to a farming operation as a result of farm consolidation is permitted provided that: i. The new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and, ii. New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. To ensure that no new residential dwellings are permitted on the remnant parcel, municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s), and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies" (p. 36). Development Services June 7, 2023 Report No. DS2023-046 Page 5 of 19 Page 227 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan and in the PPS and means "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." Consent application 2023-B-07 would create a retained parcel for continued agricultural use and would be rezoned to prohibit future residential uses on those lands and a severed lot containing an existing dwelling and oversized accessory buildings having a lot size of approximately 1.5 hectares (3.7 acres) complying with the County's policy for a residence surplus to a farming operation outlined in Section 3.6.7 of the County's Official Plan. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any County comments that may be received. On this basis, Planning Staff are satisfied that Consent Application 2023-B-07 conforms to the County of Simcoe's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the subject consent application in context to the LSPP and the following policies are applicable: "6.25-DP An application for development or site alteration within 120 metres of a key natural heritage feature or key hydrologic feature shall be accompanied by a natural heritage evaluation meeting the requirements of policy 6.26, unless the development or site alteration is for a purpose specified by policy 6.23." Planning Staff have considered the location and context of the proposed lot and note that the lands are: • Farther than 120 metres from a key natural heritage feature or key hydrologic feature (significant wetlands and significant woodlands identified on Schedule B Natural Heritage of the Township's Official Plan); and, • Separated from the adjacent Provincially Significant Wetland and Significant Woodland by a public road (Line 12 North). Based on the above, Planning Staff are of the opinion the application conforms to the LSPP. The LSRCA has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any LSRCA comments that may be received. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan Development Services June 7, 2023 Report No. DS2023-046 Page 6 of 19 Page 228 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated "Agricultural", "Oro Moraine Natural Core/Corridor Area" and "Oro Moraine Enhancement Area" in accordance with Schedule "A — Land Use" of the Township's Official Plan (refer to Schedule 6). The severed lands are located within the Agricultural designation. The Oro Moraine Natural Core/Corridor Area and Oro Moraine Enhancement Area corresponds to the boundary of unevaluated wetlands which is illustrated in Schedule B — Natural Features of the Township's Official Plan (refer to Schedule 7). This key natural heritage feature on the subject property is located more than 700.0 metres (2,296.5 feet) from the proposed severed lands. The Township's adopted (October 2022) Official Plan designates the subject lands as "Agricultural" and "Greenlands" (refer to Schedule 8). The severed lands are located within the "Agricultural" designation. The current Official Plan has not yet been updated to include policies specific to the severance of surplus farm dwellings. Therefore it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against Section D2.2.1 of the Official Plan which sets out general criteria applicable to all consent applications. These criteria and Planning Staff's comments are listed below: D2.2.1 General Criteria Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed. a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis,- Conforms- The severed lands will have frontage on Line 12 North and the retained lands will have frontages on Line 12 North and 15/16 Sideroad East, both of which are Township roads maintained year-round. b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The lands do not have access to a Provincial Highway or County Road. c) will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not been received to identify any traffic concerns. d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Development Services June 7, 2023 Report No. DS2023-046 Page 7 of 19 Page 229 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Conforms: Both the severed and retained parcels would comply with the Zoning By-law's lot frontage and area requirements. The dwelling is already existing and its severance would not conflict with existing surrounding agricultural activities. Should the Committee approve the Consent application, a condition is recommended to be included that will require the applicants to successfully apply to the Township to amend the Zoning By-law to prohibit new residential uses on the retained lands and for an increased floor area of the existing barn which will be considered to be an oversized detached accessory building for the purposes of this application as a barn is not permitted on lands under 2.0 hectares (4.9 acres) in size. e) can be serviced with an appropriate water supply and means of sewage disposal; Comments: The existing dwelling on the severed lot is currently being serviced by a well and private septic system. The Building Division is responsible for matters related to septic systems and no concerns have been received on this application. f) will not have a negative impact on the drainage patterns in the area,- Conforms- The Development Engineering Division is responsible for matters related to drainage and no comments have been received on this application. g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- the retained lands are designated "Agricultural" and "Oro Moraine Natural Core/Corridor Area" and "Oro Moraine Enhancement Area" and are thus not designated for development beyond the level of their current use, which is for agricultural purposes. Additionally, development of an access to the retained lands or other parcels will not be restricted. h) will not have a negative impact on the features and functions of any ecological feature in the area, Conforms: No natural heritage concerns have been identified by the Township and agencies in their review of this application. i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Conforms- No groundwater concerns have been identified by the Township and agencies in their review of this application. j) will conform to Section 51 (24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. Development Services June 7, 2023 Report No. DS2023-046 Page 8 of 19 Page 230 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Further, it is noted that since the proposed lot creation is the result of the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands. Township of Oro-Medonte Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU), Mineral Aggregate Resources Two (MAR2) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 9). The existing dwelling is permitted in the A/RU Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By-law. As a condition of consent approval, the applicants must apply for and obtain an amendment to the Zoning By-law for the severed and retained lands. The severed lands are to be rezoned to an Agricultural/Rural Exception (A/RU*) Zone to recognize the increased floor area for a detached accessory building. An agricultural building, which would have been permitted on the original lot, is not permitted on lots under 2.0 hectares (4.94 acres) in size. Since the lands to be severed will be approximately 1 .5 hectares (3.7 acres) an agricultural building/barn is not permitted and the building is now classified as an accessory building. The maximum permitted size for an accessory building in the A/RU Zone is 100 square metres (1,076.4 square feet), yet, the existing structure is 359.5 square metres (3,870.0 square feet) according to MPAC records. The retained farm lands are to be rezoned to an Agricultural/Rural Exception (A/RU*) Zone to prohibit residential uses, in keeping with Provincial Policy Statement and County Official Plan policies for surplus farm dwelling severances. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal 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, 2019 • 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 June 7, 2023 Report No. DS2023-046 Page 9 of 19 Page 231 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... 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: Notice of this application was circulated to the public and to applicable 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: • Building Division — no comments. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Farm Parcels Held by the Owners/Farm Operation Schedule 5: County of Simcoe Official Plan Schedule 6: Township Official Plan — Schedule A - Land Use Schedule 7: Township Official Plan — Schedule B - Natural Features Schedule 8: Township Adopted Official Plan — Schedule A — Land Use Schedule 9: Existing Zoning Conclusion: Based on Planning Staff's analysis of this application, it is Staff's recommendation that Consent Application 2023-B-07 specifically to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation on lands municipally known as 625 Line 12 North, Township of Oro-Medonte, be approved, subject to the identified conditions, on the basis that the application is consistent with the Provincial Policy Statement 2020, the Growth Plan 2019 and conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Director, Development Services May 31, 2023 Development Services June 7, 2023 Report No. DS2023-046 Page 10 of 19 Page 232 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 1: Location Map 671 1 xa.w ..no.wiievR e` ==I c�o,a�a 641 127 w 531 aa�`pe 545 681 723 Z Z N M r 531 C 446 112 J J 480 485 443 625 425 592 2278 2128 LI 1'Sl1B` Srd E. 540 1811 1759 2001 335 325 18 315 Small c— 309 41 Location 177/71 Subject Lards Township of Proud Heritage,Exciting Future �rrr 0 100 m File Number:2023-13-07 Development Services June 7, 2023 Report No. DS2023-046 Page 11 of 19 Page 233 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 2: Aerial Map 5 l>41 e?Fes Vi lev Rd.w Old Ranh Rd.W. oltl&erne Rd.F. I 100 531 t I _ 723 s wRA J i 48800 I485 1, 443 592 2278 ... 2128 r 1811 = 2001 335 ".759 325 18 315 ,Small Cres, 309 11 Aerial Township of Q Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2023-A-24 Development Services June 7, 2023 Report No. DS2023-046 Page 12 of 19 Page 234 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 3: Applicant's Consent Sketch 9J� laa4wBe Re[wnHl hb Consent Sketch �l►�5y Tvi�v'/1� � �` Proud Heritage,Exciting Fnrure File Number:2023-B-07 Development Services June 7, 2023 Report No. DS2023-046 Page 13 of 19 Page 235 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 4: Farm Parcels Held By Owners/Farm Operation I aO LangmaniDr. scot4 da Old-Bari e-Rdr-E. z z Z ty ch r CD Q T T C t- J J J Z Z O C� { � 15l76 —. ZL— Eagle- Uit. vi a� s= J N 11 r d c N �a/��J r �a9e m � c J Schedule 4 Farm Parcels Held by the — � �- Owners/Farm Operation rownsl7ipq� Proud Heritage,Exciting Future Subject Lands Other Owned Parcels 0 1,500 m File Number:2023-13-07 Development Services June 7, 2023 Report No. DS2023-046 Page 14 of 19 Page 236 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 5: County Official Plan — Land Use M—ston.Rd , Hd\ qd Bart'e Rd.W, did F+K Rd.F, `ipl_8e 0.df _ Z Z N M T T 1- J J ti5fq's'Srct'E. Small Cre"s. County of Simcoe — Land Use =3 Subject Lands Agricultural Greenlands Township of _ Rural Proud Heritage,Exciting Future 0 100 M File Number:2023-B-07 IV Development Services June 7, 2023 Report No. DS2023-046 Page 15 of 19 Page 237 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 6: Current Township Official Plan — Land Use Rd E\ e Rd.W. oVd B.•�•Rd.[, �Il �rvz�e,Rdtirr Z Z N M� T r _I J LJ Township Official Plan - Land Use CPO Oro Moraine Boundary - Environmental Protection One r r.J Subject Lands Environmental Protection Two Oro Moraine Core/Corridor Area 0 Agricultural Oro Moraine Enhancement Area --i~ � - Industrial To hiy !f N Proud Heritage,Exciting Future 0 100 rn File Number:2023-13-07 Development Services June 7, 2023 Report No. DS2023-046 Page 16 of 19 Page 238 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 7: Current Township Official Plan — Natural Features +VaseyRd. Z Z Z N �Moons[one•2c { T r r FM a4 \l J1 OId=Barrie-Rnd-E--- HerseshceValleyRd Uld-earn.-Rd. - r �Rid9e.�oHa`- Z i ,�.ye. Z C 11 Z Z y `'v"i. T N J J J al v a. y y r - �y 15116'Srd=E. small=cres. F-� ri v c J Township Official Plan - Natural Features ! CJ ,"�`� Subject Lands '�''' Provincially Significant Wetlands(EP1) �� - Oro Moraine Boundary Other Wetlands(EPi) '� �" �j Township of. Oro Moraine Planning Area=Oro Moraine Core Area OEnvironmental Protection 2 0 Oro Moraine Enhancement Area Signiticant Woodlands Proud Heritage,Exciting Future 0 300 171 File Number:2023-B-07 Development Services June 7, 2023 Report No. DS2023-046 Page 17 of 19 Page 239 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 8: Adopted Township Official Plan — Land Use A Rd.w. e Rd.W. oVd B.••Rd.[, �'1 111 Rye:ea t Z;, Z —JF71 1 J r'SYd:E. Township Adopted Official Plan (2022) - Land Use CJ Subject Lands ID Oro Moraine Boundary Agricultural Township of Employment Area Proud Heritage,Exciting Future Greenlands 0 300 m File Number:2023-B-07 ti I Development Services June 7, 2023 Report No. DS2023-046 Page 18 of 19 Page 240 of 322 6.g) 7.15 p.m. DS2023-046, Andy Karaiskakis, Senior Planner re. Consent ... Schedule 9: Existing Zoning RUR2 A/RU onesli /RU MAR2 EP a•A'/IRU �1rfi, 4 0.1ape RtlYW A/RU A/RU(H) EP MAR2 Z Z C � E J J R-- RUR2 RUR2 A/RU( ) MAR2 MAR2 A/RU A/RU A/ U N 'E. RUR2 C A/RU m MAR2 A/RU ED MAR2 MAR2 AAIRU € Smalf Cres, M 2 E - Existing Zoning RUR2(Rural Residential Two) rZ� Subject Lands ® ED(Economic Development) ` o A/RU(Agricultural/Rural) � _T, hiP.f - EP(Environmental Protection) 0 MAR2(Mineral Agregate Resource Two) Proud Heritage,Exciting Future 0 File Number:2023-A-07 _J Meters Iil Development Services June 7, 2023 Report No. DS2023-046 Page 19 of 19 Page 241 of 322 Consent Application (2023-B-07) Moore Location: 625 Line 12 North - Zoning: Agricultural/Rural (A/RU), Environmental Protection (EP) & M Mineral Aggregate Resource Two (MAR2) ' i65rd—E ! 7 y Official Plan: Agricultural, Oro — 41 Moraine Natural Core/Corridor Area + --& Oro Moraine Enhancement Area v ®sge¢ as CD Current Use: Agricultural & N Residential v o =3 =3 (D Pr—d Heritage,Exciting Fufurr l J O U) .-f Consent Application (2023-B-07) Moore Purpose: The purpose of Consent Application 2023-B-07 is for the creation of aCn new lot through the severance of a dwelling described as surplus to a 3 consolidated farming operation. The details of the proposed consent o (severance) are: N 0 N W Lands to be Severed: Lands to be Retained: 0 Frontage: Approximately 149.1 m (487.1 ft.) Approximately 571.7 m (1,875.6 ft.) rn Depth: Irregular lot depth between 96.3 m Irregular D Q — 113.2m (315.9 ft. — 371.3ft.) Area: Approx. 1.5 hectares (3.7 acres) Approx. 69.3 hectares (171.2 acres) Use: Continued Residential Continued Agricultural v CD v m o' N � W O 0 Township CD CD N C�/�Q� AE��!,(!/GGV Pra d Hrriingr,E-iiing Ferliirr /� l J O U) CD .-f Consent Application (2023-B-07) Moore Aerial Photo: r o 505 W O sd, � Z _v' YaJ-k jM143 rmw �4 425 SJi Y/ 2121 /� V (Vm! Q zoo, rNv �i�oG�^e,�2tPi � Pr—d Heritage,Exciting Fufurr /�-� l J O U) .-f Consent Application (2023-B-07) Moore Existing Zoning: o , O > Q ` Subject Lands —. 151165ra::E.— _ (n RUR2(Rural Residential Two) ILL Cf) c� �� ED(Economic Development) .,.„ =3 N F A/RU (Agricultural/Rural) o _ EP(Environmental Protection) /-U w0 MAR2(Mineral Agregate Resource Two) N nNi 0lY�^c%ZECUfi Pr—d Heritage,Exciting Fufurr /�-� l J O U) .-f Consent Application (2023-B-07) Moore Current Township Official Plan — E""+-OItlB3rrie=Rntl-E. Natural Features: 3 CD N O N W O O D rJ Subject Lands .� Oro Moraine Boundary73 w v Oro Moraine Planning Area v Environmental Protection 2 546!SrdvE.� (' Q Significant Woodlands Sma-�e=.._ cn Provincially Significant Wetlands (EP1) m Other Wetlands (EP1) h o N �J- Oro Moraine Core Area v ° Oro Moraine Enhancement Area N �i�or�e�ttPi ((D Pr—d Heritage,Exciting Fufurr l J O U) .-f Consent Application (2023-B-07) Moore Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 CD �`�� o ,l t N a .«« p - 1 w 1 I - L 01) 1 _ _ t 1 — � v — I � I� (D CQ Oro Environmental Protection One Oro Moraine Boundary y Agricultural p' Environmental Protection Two Ora Moraine Core/Corridor Area Agricultural Oro Moraine Enhancement Area- Agricultural Greenlands �l mdnsmal .Employment Area - Rural O Greenlands �� =3 Arard Heritage,Ex W,rg Fururr l J O rn tD .-f Consent Application (2023-B-07) Moore Farm Parcels Held By Lan man,Dr. Owners/Farm Operation: S.ld° 3 OId-Barrie Rd-E. /U/� V! N O N W - - O D ��16116-Srtl-E. _ Eagle•Wsy Cl. N lV� m D. (D ri Ra•6� Q o Subject Lands Other Owned Parcels W ,//�Towr�h;p N lJ/iQ"� A�LG(/IGGG Pr—d Hn doge,E-iiinq Feehnr /� l J O U) .-f Consent Application (2023-B-07) Moore Applicant's Consent Sketch: o - - N O �4 N W O D v i T �• (V N � CD C Pr—d Heritage,Exciting Fufurr l J O U) .-f Consent Application (2023-B-07) Moore F '� a ��' ,� •I'�� ' � �� ��3 C31 e t T 7 is } ' gppl,cdt on No 2023 U-0 . 'jl i TOWNSHIP OF OHO MEOOry7g �, N 7yy "�'.�. a�'�� � f,,,�, Pfr�� � a s'�e�T?9?�}�g�'.y}w{,�P'�'�s ery �-. .a�d t t � � , rt� .y� ✓Q CD -11 CD (D Looking north along Looking south along Notice sign posted Line 12 N Line 12 N �. /�]Toumship of N �1-�/tQ'� -E:IG({7GGG Pranr(HnilnRr,Esrrlinq Ferhirr /� l J 0 .-f Consent Application (2023-B-07) Moore CD v N _ . CD v (D View of severed lands from Line 12 Existing dwelling on severed lands N O r� v =3 W //� �h;p of IQOITow Araard Hn�ilnRr,Ezrifing Ferliirr /� l J 0 .-f Consent Application (2023-B-07) Moore W. 0 CD Or N ff4 ' Q w (n v =3 Attached garage and barn on Barn on severed lands N severed lands W OtTow�h;pof �� �^ N Pr—d Hn doge,E-iiinq Feehnr /� l J O U) .-f Consent Application (2023-B-07) Moore 3 0 CD N O CD v' v Existing structures on severed lands Lands to be retained W Prai,r(HnilnRr,Esrrlinq Ferh,rr /� l J 0 .-f Consent Application (2023-6-07) Moore Recommendation: Approve 1. That the Development Services Committee grant provisional consent to Consent Application 2023-B-07 pertaining to lands located at 625 Line 12 North,Township of Oro-Medonte,to create a new lot having a lot area of approximately 1.5 hectares(3.7 acres)and . a lot frontage of approximately 149.1 metres(487.1 feet)containing a dwelling that is surplus to the applicant's consolidated farm p operation,subject to the conditions as outlined in Report DS2023-046. N O 2. The conditions are as follows: N W a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements O 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 severed or retained parcel. b) That the retained lands be rezoned to an Agricultural/Rural Exception Zone to prohibit residential uses consistent with the > Provincial Policy Statement and that the severed lands be rezoned to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building. c) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the retained lands(farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands; d) That the Applicant transfer to The Corporation of the Township of Oro-Medonte("Township"),in fee simple,free and clear of all liens and encumbrances: 7- i. A 3.0 metre wide road widening along the entire frontage of the severed and retained lands adjacent to 15/16 Side Road; ii. A 15 metre by 15 metre daylight triangle on the retained lands at the corner of Line 12 North and 15/16 Side Road. (' The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer(s)for review by the Township,together with CO his/her opinion letter stating that upon registration of the Transfers,the Township will have acquired a good and marketable title v cc thereto,free and clear of all liens and encumbrances. Further,the Applicant's solicitor shall be responsible to see to the � cu registration of the Transfers and Application under The Land Titles Act, R.S.O. 1990,as amended,to consolidate the transferred O N lands with the street Property Identifier Number(s)to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfers and Consolidation Application(s),including costs relating to surveying,legal fees,and o disbursements,agreements, HST,etc.shall be fully borne by the Applicant. /�Township of N lr-/tQ'� �E;CGVYGGG � Prai�r(HnilnRr,Esrrlinq Ferhirr CD / l J O U) CD .-f Consent Application (2023-6-07) Moore Recommendation (cont'd): Approve e) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash- 3 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. 0 f) That all municipal taxes be paid to the Township of Oro-Medonte. K) g) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the oN Committee Secretary-Treasurer which conforms substantially with the application as submitted. w h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the 6 Municipality and for use for the issuance of the certificate of consent. i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42)of the Planning Act R.S.O. 1990,without D qualification. =3 j) That the conditions of consent imposed by the Committee be fulfilled within two year from the date of the giving of the notice. .� WARNING: Failing to fulfil the conditions within the above-noted statutory two year period(Section 53(41),the Planning Act R.S.O.1990)shall cause the application to lapse and render this Decision null and void. v v 3. And that the applicants be advised of the Committee's decision under the Secretary-Treasurer's signature. v co v m cc =3 CDo' N � CT � CT O � � h lr-0-rl ip of N / CD Prair(HnilnRr,Esrrlinq Ferhirr /� l J O U) CD .-f 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-047 Development Services Catherine McCarroll, Committee Intermediate Planner Meeting Date: Subject: Motion # June 7, 2023 Zoning By-law Amendment Application Roll #: 2022-ZBA-14 R.M.S. File #: 4346-010-005-32200 Clayton Cadiou D14 60848 45 Ward Avenue Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2023-047 regarding Zoning By-law Amendment Application 2022- ZBA-14 by Clayton Cadiou, on lands municipally known as 45 Ward Avenue, Township of Oro-Medonte, be received and adopted; 2. That Zoning By-law Amendment Application 2022-ZBA-14, that would rezone the subject lands from the Shoreline Residential (SR) Zone to the Shoreline Residential Exception 342 (SR*342) Zone on Schedule Al to Zoning By-law No. 97-95, as amended, be approved; 3. That the appropriate Zoning By-law Amendment be brought forward for Council's consideration; and, 4. And that the applicant be advised of the decision under the Director, Development Services signature. Background: Property Description and Background The subject lands are located on Ward Avenue, north east of Bass Lake. A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2. The lands occupy a lot area of approximately 0.1 hectares (0.26 acres) and have a frontage of approximately 22.9 metres (75.0 feet) along Ward Avenue according to MPAC records. The lands currently contain a single detached dwelling with an apartment dwelling unit and a detached accessory building. Development Services June 7, 2023 Report No. DS2023-047 Page 1 of 21 Page 256 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... On October 13, 2022, the applicant submitted the Zoning By-law Amendment application to the Township to legalize the apartment dwelling unit in the single detached dwelling. This original submission was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comment. A statutory Public Meeting was held on January 4, 2023 to receive comments from members of the Committee and the public with regards to the proposed development. There were no comments received at the public meeting; however, written comments were received from the Township's Building Division regarding the need for a Building Permit and Septic Permit or Sewage System Verification. Comments were also received from the Nottawasaga Valley Conservation Authority regarding the floodplain on the subject lands. A full list of the comments can be found on page 11 of this report. Development Proposal The purpose and effect of the proposed amendment to the Township of Oro-Medonte Comprehensive Zoning By-law 97-95 is to permit an apartment dwelling unit in the single detached dwelling. The applicant's site plan can be found on Schedule 3 to this report. The proposed Zoning By-law Amendment would rezone the lands from the Shoreline Residential (SR) zone to the Shoreline Residential Exception 342 (SR*342) zone. A copy of the proposed Zoning By-law Amendment is included as Schedule 6. The applicant has submitted the following report to the Township in support of the proposed development: • Planning Justification Report, MHBC, October, 2022. Analysis: Planning Staff has reviewed the proposed Zoning By-law Amendment application in the context to relevant planning policies and legislation contained in the Township's Zoning By-law, Township of Oro-Medonte Official Plan, County of Simcoe Official Plan, A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), the Provincial Policy Statement (2020) and the Planning Act as detailed below. Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1 .5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, Development Services June 7, 2023 Report No. DS2023-047 Page 2 of 21 Page 257 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". These policies permit up to three residential units in a single detached dwelling on a parcel of urban (fully serviced) residential land, if there is no accessory building that contain a residential dwelling unit. The subject lands are located in a rural area and are serviced by a well and private sewage system and therefore are not in a fully serviced area. The applicant is not proposing three units, but is proposing a total of two units on the lands. The applicant will be required to obtain a Septic Permit for a new septic system or a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. The property has a long driveway that can accommodate a large number of vehicles. Provincial Policy Statement (2020) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1.1 states that "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units Development Services June 7, 2023 Report No. DS2023-047 Page 3 of 21 Page 258 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Section 1.1.4 — Rural Areas is also applicable to this application. These policies support limited residential development as well as development that is compatible with the rural landscape. The proposed Zoning By-law Amendment is in keeping with the rural landscape. The subject lands are located approximately 55.0 metres (180.4 feet) from Bass Lake and the southwest half of the property is located within a floodplain associated with Bass Lake. Section 3.1 — Natural Hazards states that development shall generally be directed to areas outside of hazardous lands adjacent to small inland lake systems which are impacted by flooding hazards. The PPS also restricts development in areas that would be rendered inaccessible to people and vehicles during times of flooding hazards unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard. The Nottawasaga Valley Conservation Authority's (NVCA) original concerns regarding safe access in flooding hazards were addressed by the applicants and the NVCA is now in a position to support the proposed development. Their full comments are attached as Schedule 7 to this report. Based on the above, Planning Staff is of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2 contains policies for where and how to grow. Specifically, Section 2.2.1.4 (c) states that applying the policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Section 2.2.9 Rural Areas is also applicable to this application. This section states that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. This section has been reviewed and Planning Staff is of the opinion that the application is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established residential neighbourhood and the apartment will be compatible with the rural landscape and surrounding local land uses. The property is regulated by the Nottawasaga Valley Conservation Authority (NVCA) due to a floodplain associated with Bass Lake. The NVCA provided initial comments dated January 4, 2023, in which they expressed concerns that the proposed Development Services June 7, 2023 Report No. DS2023-047 Page 4 of 21 Page 259 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... development did not meet the safe access policies set forth in the Provincial Policy Statement and the NVCA's Planning and Regulation Guidelines. The applicant worked with the NVCA to address their concerns and based on the additional information, the NVCA was satisfied that all their previous concerns had been addressed and that they were now in a position to support the proposed development provided that the appropriate permit(s) are obtained. The NVCA's full comments dated March 15, 2023, are attached as Schedule 7 to this report. County of Simcoe Official Plan The subject lands are designated "Rural" as per Schedule 5.1 — Land Use Designations of the County of Simcoe's Official Plan. Pursuant to Section 3.7.4, permitted uses in the Rural designation included limited residential development, subject to Section 3.7.11 which states that "New multiple lots and units for residential development will be directed to settlement areas, and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in local municipal official plans, as of June 16, 2006. Local municipal official plans may continue to recognize this type of development permitted under this policy and provide appropriate policies for development" (p. 40). The Township's Adopted Official Plan (2022), permits up to two additional residential units within a single detached dwelling in the Shoreline designation. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's Zoning By-law Amendment application conforms to the County's Official Plan as the apartment dwelling units help contribute towards a diverse housing stock and increased affordability in the area. Section 4.5 — Resource Conservation deals with floodplains and other hazard lands. Specifically, Section 4.5.9 states that "development shall generally be directed to areas outside of: ... (b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards" (p.92). Furthermore, Section 4.5.10 states that "development and site alteration shall not be permitted within- ...(b) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard" (p. 92-93). As discussed above, the NVCA is now satisfied that all previous concerns with regards to safe access during a flooding hazard have been addressed and they are now in a position to support the application. Based on the above, it is Planning Staff's opinion that the Zoning By-law Amendment application conforms to the County Official Plan. 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 Development Services June 7, 2023 Report No. DS2023-047 Page 5 of 21 Page 260 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... 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 accordance the Schedule "A — Land Use" of the Township's existing Official Plan (1997) and the Township's adopted Official Plan (2022). The intent of the Shoreline Designation, as set out in the existing Official Plan (1997), is: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. • To ensure that existing development is appropriately serviced with water and sewer services. Permitted uses in the Shoreline Designation include single detached dwellings and the adopted Official Plan also permits additional residential units (subject to the policies of Section 4.9). Section 4.9 of the Adopted Official Plan contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicants' proposal against these policies: 1 . Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The additional residential unit is contained within the single detached dwelling. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi- detached dwelling or rowhouse dwelling. Staff comment: Conforms. The applicants are proposing to legalize one existing additional residential unit within the single detached dwelling. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Development Services June 7, 2023 Report No. DS2023-047 Page 6 of 21 Page 261 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Staff comment: Conforms. The additional residential unit is located in the single detached dwelling. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties and in accordance with the relevant zoning provisions. Staff comment: Conforms. The proposed Zoning By-law Amendment would result in two residential units on the lands. 6. Additional Residential Units are not permitted within hazardous lands as defined and regulated by the local Conservation Authority either within the basement of a primary residence or within an accessory building or structure. Staff comment: Conforms. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA) due to the floodplain that covers the southwest half of the property. The NVCA reviewed the application and indicated that they are in a position to support the proposed development provided the appropriate permit(s) are obtained. 7. Additional Residential Units will be regulated by the provisions of the implementing Zoning By-law in accordance with the following provisions: a) The Additional Residential Unit shall clearly be ancillary to the principal residence and specific limits as the maximum floor area permitted or size relative to the primary residence will established in the Zoning By-law; The apartment at 66.8 square metres (719.0 square feet) is secondary to the primary dwelling unit at 111 .9 square metres (1 ,205.0 square feet). Based on the apartment's smaller size and its access from the side of the dwelling, the main dwelling unit will maintain its appearance as the primary residence. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff comment: Conforms. The additional dwelling unit has been integrated into the surroundings, with no visual impact to the streetscape, as there are no indications of an apartment when viewing the property from the road. The entrance to the apartment is via a door on the side of the dwelling. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Staff comment: Conforms. The apartment dwelling unit and principal dwelling are the same design. From the exterior, there appears to only be one dwelling unit. Development Services June 7, 2023 Report No. DS2023-047 Page 7 of 21 Page 262 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... d) The Additional Residential Unit shall only be permitted on lots that have appropriate frontage and an entrance directly onto a publicly maintained road; and, Staff comment: The subject lands front directly on Ward Avenue, which is a Township road. The lot has a frontage of 22.9 metres (75.0 feet), which is less than the required 30.0 metres (98.4 feet) in the Shoreline Residential Zone. This lot was created as part of a plan of subdivision and a number of the lots are deficient in lot frontage and lot area. Nevertheless, the additional dwelling unit fits within the existing single detached dwelling, which meets all the required setbacks in the SR zone. e) Other siting requirements related to matters such as servicing, parking and access requirements and stormwater management shall be established in the Zoning By-law. Staff comment: Conforms to current Zoning By-law provisions. The applicant will be required to obtain a Septic Permit for a new septic system or Sewage System Verification if they are keeping the existing septic system to verify that there is sufficient capacity to accommodate the additional flow. There is a long driveway with ample space for parking and the apartment has its own means of egress. 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Conforms. There is no livestock near the subject lands. 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Not applicable. The subject lands are not designated Agricultural or Rural. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Staff comment: Conforms. The property is serviced by well and private septic system. The owner will be required to obtain a Septic Permit or Sewage System Verification to ensure that there is capacity for the two dwelling units. Development Services June 7, 2023 Report No. DS2023-047 Page 8 of 21 Page 263 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... 11. Generally, Additional Residential Units will only be permitted as-of-right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Staff comment: The existing lot area and lot frontage is non-complying as the Shoreline Residential (SR) Zone requires a minimum lot frontage of 30.0 metres (98.4 feet) and a minimum lot area of 0.2 hectares (0.49 acres), whereas the existing lot has a lot frontage of 22.9 metres (75.0 feet) and an area of 0.1 hectares (0.26 acres). Nevertheless, the single detached dwelling and apartment dwelling unit fits on the lot within the required setbacks in the Shoreline Residential zone. 12. The severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed. The additional dwelling unit is located on the main level of the single detached dwelling; therefore, it could not be severed from the primary dwelling unit. 13. Garden suites are temporary dwellings and are not considered Additional Residential Units under this Plan. Staff comment: Conforms. The applicants are proposing a permanent additional dwelling unit, not a temporary garden suite. 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Staff comment: Not applicable. The Township does not currently register additional residential units. In accordance with the NVCA's mapping, there is a floodplain associated with Bass Lake that covers the south west half of the property. Section B5.1 .3 — Floodplain Management of the Township's Official Plan (1997) contains policies that apply to development proposed on lands susceptible to flooding. As discussed above, the NVCA reviewed the application from a natural hazard perspective and provided comments in support of the requested Zoning By-law Amendment. Therefore, Planning Staff are of the opinion that this application conforms to the Township's existing and adopted Official Plans. Development Services June 7, 2023 Report No. DS2023-047 Page 9 of 21 Page 264 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Proposed Zoning By-law Amendment The subject lands are currently zoned Shoreline Residential (SR) in accordance with the Township's Zoning By-law No. 97-95, as amended (refer to Schedule 4). Section 5.4 of the Township's Zoning By-law contains provisions for an apartment dwelling unit accessory to a single detached dwelling. Apartment dwelling units are permitted in the Residential One (R1), Rural Residential One (RUR1), Rural Residential Two (RUR2) and the Agricultural/Rural (A/RU) zones; however, they are not permitted in the Shoreline Residential (SR) zone. Therefore, the properties located immediately behind the subject lands, which are zoned Residential One, are permitted to have an apartment as-of-right. The purpose of the applicant's Zoning By-law Amendment application is to rezone the lands to the Shoreline Residential Exception 342 (SR*342) Zone to permit one apartment dwelling unit in the single detached dwelling. It is recommended that Council enact the draft Zoning By-law attached as Schedule 6 to this Staff report. The apartment dwelling unit complies with all the other zoning provisions set out in Section 5.4 including the: size of the single detached dwelling, size of the apartment dwelling unit, means of egress and size of a window opening above grade. 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 Official Plan, adopted 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 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. Development Services June 7, 2023 Report No. DS2023-047 Page 10 of 21 Page 265 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Consultations: Notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 120-metre (400 feet) radius of the lands. Notice signs were posted on the property and a statutory public meeting was held on January 4, 2023. As of the preparation of this report, the following comments have been received: Department/Agency Comments: • Township Development Engineering: No objection. • Township Infrastructure and Capital Projects: No comments. • Township Building Division: 1. Building permit required to confirm minimum requirements are being met for the Ontario Building Code. 2. Septic permit required for new septic system or verification of existing to accommodate additional flow. 3. Owner/applicant to be aware that it appears the proposed addition encroaches on the existing septic system. Septic verification and building permits will be required. • Enbridge: Does not object. • Nottawasaga Valley Conservation Authority revised comments dated March 15, 2023: See Schedule 7. Comments from Surrounding Property Owners: • Neighbours at 18 Joy Avenue: Planning Staff responded to their questions. They also indicated concerns that the apartment would diminish neighbouring property values, render neighbouring properties more difficult to sell, diminish the quality of life for neighbours, reduced privacy, increased noise and result in additional vehicles/congestion. Public Meeting Comments: • There were no comments from the Committee or from the public. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Existing Zoning Schedule 5: Proposed Zoning Schedule 6: Draft By-law Schedule 7: Nottawasaga Valley Conservation Authority Revised Comments Dated March 15, 2023. Development Services June 7, 2023 Report No. DS2023-047 Page 11 of 21 Page 266 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2022-ZBA-14 be approved to rezone the lands to the Shoreline Residential Exception 342 (SR*342) Zone, on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, the County Official Plan and the Township of Oro-Medonte's existing and adopted Official Plans, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP Intermediate Planner Approvals: Date: Andy Karaiskakis, RPP May 31, 2023 Senior Planner Derek Witlib, RPP May 31, 2023 Director, Development Services Development Services June 7, 2023 Report No. DS2023-047 Page 12 of 21 Page 267 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re. Zoning By... Schedule 1: Location Map —Va -Rd. 5 7 7 4 -aroonsm�e-Ra. � ^Pdh 9 11 5 3 Air 4 13 12 1 18 29 DtgbY pr nors�noe.v,uev.Ra 1214 16 14 2 11 7 5 43 ✓h`y8 16 � �12 ow•Ra,�e•Ra. 13 49 55 M 18 15 8996 8980 zo �Rm9e.�Roaa _;;. 6 22 58 8976 2 64 73 8966 4 6 ,O Me- 74 81 87 p\be 1 80 95 8936 2 3 86 zs 5 q 92 105 \R,e 7 100 9 �ds 117 104 8 Qa s s 11 112 � 129 10 11 116 N Op-, 15 122 135 tee� 16 17 130 2 O. 141 3 11 a 18 17 31 35 37 20 18 J 24 19 21 138 155 6 O�'.qV 26 �4e, 23 18 14 12 t? 28 jo a 27 25 20 24 32 36 40 51 10 8 �j\e�9 2 24 9 26 QJe 4 6 8 18 22 26 30 46 w 6 30 28 14 48 a�q 57 4 32 �t0a Rt"N 2 36 67 19 69 77 83 87 89 204 90 27 21 Location ® Subject Lands Township of Proud Heritage,Exciting Future 0 100 m File Number:2022-ZBA-14 N Development Services June 7, 2023 Report No. DS2023-047 Page 13 of 21 Page 268 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Schedule 2: Aerial Photo —V...WRA H orseoshae�Vallcy�Rd� OId.O�rrie.Rd� '�Ridg eN 0.a° 37 V y 20 �p 36 41 F. 45 ' 42 �� i6 49 44 �y G 9t i N 49 14 46 ��• - a 50 50 Aerial Photo ;4 ® Subject Lands Township of Proud Heritage,Exciting Future 0 100 M File Number:2022-ZBA-14 'IV II i I Ll Development Services June 7, 2023 Report No. DS2023-047 Page 14 of 21 Page 269 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re- Zoning By... Schedule 3: Applicant's Site Plan - -- --- 145.77 - — - --F�L - {F - ' Ex.Garage "• � GFR:s7m' +i 334-8 I I - 199 rnl I ±17.8 04 {'$ I EY Building k I GFA:W20 +n Q III * J t13.3 I Y � i ±45.5 i 'Site Plan - p/S]�DiI��1'p 0 Proud d Herita e.,Exciting Fril. File Number!2022-ZBA-14 Development Services June 7, 2023 Report No. DS2023-047 Page 15 of 21 Page 270 of 322 Ta) DS2023-047, Catherine McCarroll, Intermediate Planner re. Zoning By... Schedule 4: Existing Zoning —vaser•Ra.— -� R1 Vj Rl -M—s—Rd m Orser Dr- d os R1 Hors oeesh NallepRd� R1 57 tb O fd.e_ie-Rd—, C. RI A/RU Alberta A SR SR R1 Paul.A%w os $ Doreen Ave. G c� d RI R1 q, R1� Glengrove Ave. Broadview Ave. SR SR R1 Af RU*15 Existing Zoning C7JSubject Lands 0 R1(Reslaaneal ore) ev(E.lronmeotal prarecnon) Toumshtp of 0 SR(Shoreline Resiaeoriaq 0 OS(Open Sp—) 0 A/RU(Agricdwral(R—l) Proud Heritage,Exeiting Future 0 4' 430 Meters File Number.2022-ZBA-14 Development Services June 7, 2023 Report No. DS2023-047 Page 16 of 21 Page 271 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Schedule 5: Proposed Zoning A 74 a 74 A ® Lands to be Rezoned from Shoreline Residential (SR) to Shoreline Residential Exception 342 (SR*342) Zone Proposed Zoning Tnumskip of !� rnbW:21 -ZBr4i4 OA "lt1 ' Proud Heritage,Exciting Fr+turc Development Services June 7, 2023 Report No. DS2023-047 Page 17 of 21 Page 272 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Schedule 6: Draft By-law The Corporation of the Township Of Oro-Medonte By-Law No. 20223-042 A By-law to amend the zoning provisions whi ch apply to lands at 45 Ward Avenue, Plan 979 Lot 47(Oro), Township of Oro-Medonto. 2022-Z A-14(Cadiou) Whereas the Council of the Corporation of the Township of Oro-Medonte is empo,.vered to pass By-laws to regulate the use of land pursuant to Section 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 follov.S: 1. Schedule'R1S'to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Plan 979 Lot 47; Geographic Township of Oro,Township of Oro-Medonte. County of Simcoe, from the Shoreline Residential(SR)zone to the Shoreline Residential Exception 342 (SRf342)zone, as shown on Schedule"K attached and forming part of this By-lake. 2. Section 7—Exception of Zoning By-taw 97-95, as amended, is hereby further amended by adding the following subsection: '7342'342 Plan 979 Lot 47 ROro),Township of Oro-Medonte �Cadiou) hJohvithstanding Section 5.4, one(1)apartment dwelling unit is permitted in the single detached dwelling on the lands denoted by the symbol'*342 on the s ched ule to this By-law. 3. Schedule"A"attached to By-Imps No. 2023-042 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 7-�' Day of June, 2023. The Corporation of the Township Of Oro-Medonte Mayor, R. Green law Deputy Clerk,J.Teeter Development Services June 7,2023 Report No.DS2023-047 Page 1 of 21 Page 273 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... chedul " ' To By-Law No. 2023-042 The Corporation of the Tovaiship of Oro-Medonte r �i I k Lands io be Rezoned from$her-eline R•esi+denlPa1 (SR)10 Shoreline Residential Exception 3 (SR'342;2-one This is Schedule'A'ta By-Law 2023-042 passed the 7"day of June, 2023. The i crporation of the Township Gf Oro-Medonte Mayor. R. Greenlew Deputy Clerk. Janette Teeter (Application 2022-ZEA-14) Development Services June 7,2023 Report No.DS2023-047 Page 2 of 21 Page 274 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Schedule 7: Nottawasaga Valley Conservation Authority Comments Dated March 15, 2023. O��,wnsrct Dr Y 1 Nottawasaga Valley a { r, Conservation Authority March 15, 2023 SENT BY EMAIL Township of{Oro-Medonte 148 Line 7 South Oro-Medonte LOL 2E0 Attn: Derek Witlib Manager,Planning Services Planningooro-medonte.ca Dear Derek, RE: Proposed Zoning By-law Aniendment Town File No.2022-ZBA-14 45 ward Ave, Oro-Medonte NVCA ID#36D33 Nottawasaga Valley Conservation Authority [NVCA] staff is in receipt of an application to rezone the subject lands to permit an accessory apartment within a single detached dwelling on lands that are zoned Shoreline Residential(SR). This email is to serve as a follow up to NVCA comments previously provided on January 4, 2023. At that time NVCA staff expressed concerns that the proposed development did not meet the safe access policies set forth in the Provincial Policy Statement(PPS,2020)and the NVCA's Planning and Regulation Guidelines. Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the PPS and as a regulatory authority under Ontario Regulation 172f 06.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Oro-Medonte. Ontario Regulation 172106 The property falls partially within an area affected by Ontario Regulation 172106 (the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation))where a permit is required from the NVCA under the Conservation Authorities Act prior to development. The area is partially affected by the regulation due to the flood hazard that is associated to Bass Lake. NVCA staff have reviewed the information presented in the following documents: 1. Email response:45 Ward Ave- Response to NVCA Comments. Dated: February 15, 2023. Nottawasaga Valley Conservation Authority 8195 Ell Line,Utopia,4N LOM 1TO T:705-+424-1479 F;705-424-2115 ari minim nvr, nn na s nvra rrs ra A mcvialaer of Cwrsewatian Ontario Development Services June 7,2023 Report No.DS2023-047 Page 1 of 21 Page 275 of 322 7.a) DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By... Proposed Zoning By-Taws Amendment Tc,witi File No. 2022-ZBA-14 45 ward Ave,Oro-Medonte NVCA ID 436033 March 15, 202,3 2. Survey: 42 Ward Ave Survey, Received: February 15, 2023. Based upon a review of the proposed site plan provided with the application NVCA staff offer the following regulatory comments: Natural Hazard - Regulatory Comments Policies contained within the PPS restrict development to areas outside of hazardous lands adjacent to shorelines and large inland lakes as well as river, stream and small inland lake systerns which are impacted by flooding hazards and/or erasion hazards. Policies within the PPS also restrict development in areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, NVCA :staff note that concerns regarding safe access have been addressed as per the email response; 'The engineering drawings indicate a roadside elevation of 252.46m on the southwest side of Ward Avenue in front of Lot 42. This elevation is 0.2m above the flood elevation (252,2.6m). In addition, through our site visit it was ob:seneed that the elevation increases moving to the east from the road towards the dwelling on the subject property." C0nidtisioit Based on the most recent information provided, NVCA staff are now satisfied that all previous concerns have been addressed and are now in a position to sulpport the proposed development provided the appropriate permits) ,are obtained. Please feel free to contact the undersigned at extension 278 o r d m et hera 10 nvca,on.ca should you require any further information} or clarification on any matters contained herein. Sincerely, ,�lk MWW Gavin Metheral Planner I Pace4 _ . Development Services June 7, 2023 Report No. DS2023-047 Page 1 of 21 Page 276 of 322 7.b) DS2023-052, Danielle Waters, Planner re: Request for Temporary TraiZO ... township J f JACt&Wtel Report Proud Heritrage, Exciting Future Report No. To: Development Services Prepared By: DS2023-052 Committee Danielle Waters, Planner Meeting Date: Subject: Motion # June 7, 2023 Request for Temporary Trailer at Roll #: 215 Scarlett Line by Justin and R.M.S. File #: 4346-020-001-20500 Connor Maas D00 Recommendation(s): Requires Action For Information Only It is recommended- 1 . That Report No. DS2023-052 be received and adopted. 2. That Committee authorizes the request of Justin and Connor Maas, to temporarily reside, to a maximum of twelve (12) months from the time of issuance of the building permit, in a trailer on the property at 215 Scarlett Line, and the trailer is to be removed after the completion of the repair of a dwelling damaged by fire. . 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services signature. Background: The subject property is 4.1 hectares (10.1 acres) and is located on the northeast side of Scarlett Line (See Attachments #1 and #2). A fire occurred at the current dwelling rendering it uninhabitable. The applicants are requesting permission to temporarily live in a trailer for a period of up to twelve (12) months on the lands while the works to rebuild the dwelling are underway. However, living in a trailer is not permitted under the Township's Zoning By-law 97-95, as amended. Analysis: The Township has historically allowed owners to temporarily reside in their existing dwelling or a trailer during construction of the new dwelling/renovation. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property and prohibits human habitation of a trailer (outside of licensed trailer parks); however, it is considered a reasonable compromise to assist owners in these Development Services June 7, 2023 Report No. DS2023-052 Page 1 of 5 Page 277 of 322 hardship�AAQ,WQr rc4§2de9 i 019 Trai... terms of the approval will be required to be executed with the owners which ensures compliance after the renovation is complete. As the applicants are required to post securities for $2,500.00 to ensure the removal of the trailer, it is anticipated that the applicants will expedite the construction in order to have their securities returned expeditiously. The applicants will be required to submit their cheque for $2,500.00 as the security deposit to ensure the removal of the trailer, prior to the building permit for the dwelling being issued. Financial / Legal Implications / Risk Management: A $2,500 security deposit is required prior to issuance of a building permit for the new dwelling to ensure removal of the trailer once the new dwelling is constructed. Policies/Legislation: Planning Act Building Code Act Corporate Strategic Goals: Modernize Township Services — Improve Delivery of Services, Streamline Permitting Process Consultations: Landowner Attachments: Attachment # 1 — Location Map Attachment # 2 —Aerial Photo Attachment # 3 — Temporary Trailer Agreement Conclusion: Approval of the attached agreement to permit the landowner to use a trailer for a maximum twelve (12) month period while the fire rebuild of the existing dwelling is done, is considered appropriate and should be authorized. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, Senior Planner May 30, 2023 Derek Witlib, Director, Development Services May 31, 2023 Development Services June 7, 2023 Report No. DS2023-052 Page 2 of 5 Page 278 of 322 Attach m�rOWS?;Z �� AanieIle Waters, Planner re. Request for Temporary Trai... 101 363 353 f 341 333 323 313 _ „ 307 aE 297 281 — 275 — 269 265 257 — 243 237 C 233 219 d 2..15 � 207 to 195 191 165 159 139 107 5610 93 73 79 63 1430 - T-- 59 45 35 1500 27 L FT rc Location �' � ® Subject Lands Totunshi. of, Proud Heritage,Exciting Future 0 100 m Development Services June 7, 2023 Report No. DS2023-052 Page 3 of 5 Page 279 of 322 7.b) DS2023-052, Danielle Waters, Planner re: Request for Temporary Trai... Attachment #2 —Aerial Photo Development Services June 7, 2023 Report No. DS2023-052 Page 4 of 5 Page 280 of 322 Attach mZr0WS4Q Planner re: Request for Temporary Trai... AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, We, Justin and Connor Maas, of the Township of Oro-Medonte in the County of Simcoe, covenant and agree as follows: 1. That We are the registered owners of Concession 2 Part Lot 58 PCL 2 (Medonte), Township of Oro-Medonte, being more particularly described as 215 Scarlett Line. 2. That We have applied to the Council of the Corporation of the Township of Oro- Medonte for permission to temporarily reside in a trailer on the above-mentioned lands, at the same time as a renovation for the dwelling on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That We hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for a term of twelve (12) months from permit issuance or until completion of the proposed construction, whichever is the lesser period of time; and, b) That on completion of the dwelling renovations, as evidenced by a Provisional Occupancy Certificate, the trailer is to be removed within one month to the satisfaction of the Township's Chief Building Official. 4. That certified funds in the amount of$2,500.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That We hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Development Services June 7, 2023 Report No. DS2023-052 Page 5 of 5 Page 281 of 322 7.c) DS2023-053, Andy Karaiskakis, Senior Planner re: Minor Variance App... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-053 Development Services Andy Karaiskakis, Committee Senior Planner Meeting Date: Subject: Motion # July 7, 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. DS2023-053 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- 053. 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 June 7, 2023 Report No. DS2023-053 Page 1 of 7 Page 282 of 322 7.c) DS2023-053, Andy Karaiskakis, Senior Planner re: Minor Variance App... Background: On May 3, 2023, the Development Services Committee considered Minor Variance Application 2023-A-12 and received Staff Report No. DS2023-034. The purpose of Minor Variance Application 2023-A-12 is to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced east interior side yard setback of 1.7 metres (5.6 feet). The application was deferred by the Committee to allow the applicant the opportunity to remove the short term listing of this property and to submit elevation drawings to the Township (refer to Schedule 1 —the Decision). The applicant has since provided the Township with elevation drawings (refer to Schedule 2 to this report) and floor plans (refer to Schedule 3). Furthermore, Municipal Law Enforcement Staff have confirmed that the subject property short term listing has been removed from Airbnb (refer to Schedule 4). Planning Staff have reviewed the material submitted by the applicant and provide the following comments: • The proposed addition to the dwelling is intended to be used as a garage for the parking of vehicles and for storage; • The proposed addition is a one-storey addition; no second floor is shown on the drawings; • The streetside elevation of the proposed addition is shown to have two garage doors and a pedestrian entrance door; • Access to the dwelling is from the proposed addition; and, • The short term listing has been removed. Conclusion: Planning Staff's analysis of this application has been outlined in Staff Report DS2023- 034. Given the preceding, Planning Staff is recommending 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 applicant has provided the required information to Staff's satisfaction and that the application meets the four tests of the Planning Act as outlined in Staff Report DS2023-034. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, RPP, Director, Development Services May 31, 2023 Development Services June 7, 2023 Report No. DS2023-053 Page 2 of 7 Page 283 of 322 7.c) DS2O23-053, Andy Karaiskakis, Senior Planner re: Minor Variance App... Schedule 1: Development Services Committee Decision May 3, 2023 Notice of Decision Application No.: 2023-A-12 (Wood) Address: 2355 Lakeshore Road East Township of Oro-Medonte In the matter of the Planning Act, R_S.0- 1990, C.P. 13 as amended,Section 45 (1}(2)(8)(9) and(10), and-, In the matter of Application Flo.:2023-A-12(Wood), 2355 Lakeshore Road East, Township of Oro-Medonte; Whereas the applicant is proposing to construct an addition(attached garage)to the existing single detached dwelling. The applicant is seeking relief to the following section of Zoning By-law 97-95: Table B1 — Minimum Required Interior Side Yard Setback for Single Detached Dwelling Required. Proposed: 3.0 metres 9.8 feet '1.7 metres 5.8 feet Whereas the lands subject to this application are designated Shoreline in the Township's Official Plan and zoned Shoreline Residential (SR)in the Township's Zoning By-law; Whereas having had regard to those matters addressed by the Planning Act, in accordance with the rules and procedures prescribed under Ontario Regulation 200198, as amended,.and having considered all relevant information and material as presented at the public hearing on the 3'd of May, 2023, including written:and oral submissions received from the public, it is the decision of the Committee_ That Minor Variance Application 2023-A-12 by Ryan Wood be deferred to the next available meeting to allow the applicant the opportunity to remove the short teen listing and submit elevation drawings. Carved. Dated this 3^d day of May,2023. Andy Karaiskakis Secretary-Treasurer Take Notice that pursuant to Section 45(12) of the Planning Act, R_S_C. 1990,c.P. 13,as amended and Bill 23,the above decision audlor conditions may be appealed to the Ontario Land Tribunal("OLT"). The applicant, the Minister or a specified person or public body may submit an appeal of the decision to the Ontario Land Tribunal (OLT). The last day of filing an appeal is the 23rd day of May.2023. A"Notice cif Appeal'setting out in waiting the supporting reasons for the appeal should be received on or before the last date for`Appeal"accompanied by a completed Ontario Land Tribunal Appellant Form, and by the fee charged under the Ontario Land Tribunal Act, 2021,payable by certified cheque to the Minister of Finance, Province of Ontario. Please refer to the Tribunal's websile for appellant farm,fee and more information on filing an appeal (https:llolt_(iov.on_caA!bunals/lpatlabout-lpat1). The notice is to be submitted to the attention of: Secretary-Treasurer, Development Services Committee, Township of Ciro- Medonte, 148 Line 7 South, Oro-Mledonte, Ontario,LOL 2X0_ Development Services June 7, 2023 Report No. DS2023-053 Page 3 of 7 Page 284 of 322 7.c) DS2023-053, Andy Karaiskakis, Senior Planner re- Minor Variance App... Schedule 2: Applicant's Elevation Drawings -I — — — — — — — — — — — — — — — — — — — Lox ZFF Lac I Y Faumalm ¢- - - - - - - - - - - - - - - - n,sit s• Fccd B2. Le,el2 FFINN Cavell t7TP 8'-Y t1E' ❑❑ Exist n— — — — — — — 3 Level 0 South Development Services June 7, 2023 Report No. DS2023-053 Page 4 of 7 Page 285 of 322 7.c) DS2023-053, Andy Karaiskakis, Senior Planner re- Minor Variance App... - - - - - - - - - _ _ _ _ _ _ _ r1 East ' 1W=1'-0" West L 114"=1`0" Development Services June 7, 2023 Report No. DS2023-053 Page 5 of 7 Page 286 of 322 7.c) DS2023-053, Andy Karaiskakis, Senior Planner re- Minor Variance App... Schedule 3: Applicant's Dwelling Addition Floor Plan Li —AL Existing AJ-- �Id Development Services June 7, 2023 Report No. DS2023-053 Page 6 of 7 Page 287 of 322 7.c) DS2023-053, Andy Karaiskakis, Senior Planner re: Minor Variance App... Schedule 4: Correspondence from Municipal Law Enforcement dated May 29, 2023 From: Shelswell, Curtis <CShelswell@oro-medonte.ca> Sent: Monday, May 29, 2023 3.58 PM To: Karaiskakis, Andy <a Kara iskakis@oro-medonte.ca> Subject: RE: 2355 Lakeshore Road East - Minor Variance 2023-A-12 (Wood) Good afternoon Andy, As of May 1, 2023 Ryan was advertising on Airbnb, today the ad would appear to be removed. Wood Haven Cottage - Houses for Rent in Hawkestone, Ontario, Canada -Airbnb I will keep searching but yes this one was being advertised in the past. Thanks Curtis Shelswell Chief Municipal Law Enforcement Officer Township of Oro-Medonte Development Services June 7, 2023 Report No. DS2023-053 Page 7 of 7 Page 288 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re: Minor ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-054 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # June 7, 2023 Minor Variance Application 2021-A-69 Roll #: Ron & Cheryl Bowler R.M.S. File #: 4346-010-003-01100 151 Line 5 North D13 59996 Recommendation(s): Requires Action X For Information Only It is recommended: 1 . That Report No. DS2023-054 be received and adopted. 2. That Minor Variance Application 2021-A-69 by Ron & Cheryl Bowler, specifically for permission to place 6 shipping containers on the subject property that will be 100% occupied by the existing Home Occupation, be denied for the reasons outlined in Report DS2023-054. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Existing Conditions The subject property is located at 151 Line 5 North, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The subject property has an area of approximately 1.07 hectares (2.6 acres). The drawings and documents submitted by the Applicant, and review of the available digital mapping from the County of Simcoe, indicate that the property is currently occupied by the following: • 1-storey dwelling (with attached garage) located towards the northwest corner of the lot. The dwelling is approximately 205 m2 in floor area with an attached garage of an additional 60 m2 of floor area (total 1-storey footprint of approximately 265 m2 or 2.5% lot coverage); • 1-storey accessory building (detached garage) of approximately 115 m2 in floor area, located south of the dwelling; Development Services June 7, 2023 Report No. DS2023-054 Pagel of 24 Page 289 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... • An unenclosed covered structure (approximately 45 m2 in area) south of the detached accessory building that is used for outdoor storage in conjunction with open air outdoor storage of construction materials to the south of the accessory building. The accessory detached garage and unenclosed covered structure are associated with Natural Elements Landscape and Renovations, which has been identified by the Owner as an existing Home Occupation on the subject property. A Home Occupation means "an Occupation which is carried on in accordance with the provisions of this By-law relative thereto, as an accessory use to a dwelling unit and is clearly incidental, accessory, or secondary to the residential use of a dwelling." The total lot coverage of these accessory structures is 1.5%. In addition to landscape renovations, Natural Elements also undertakes full home renovations and interior renovations to bathrooms, kitchens and garages. The existing dwelling and accessory buildings each have their own driveways from Line 5 North, including areas for surface parking and indoor garage parking, which effectively separates the detached dwelling from the Home Occupation uses. Schedule 3 includes site photographs illustrating the existing site conditions and uses. The subject property is surrounded by the following uses: • To the north: Single detached dwelling known municipally as 175 Line 5 North; • To the south: Heavily treed open space and rural lands (designated "Greenlands" under the County of Simcoe Official Plan); • To the east: Heavily treed open space and rural lands (designated "Greenlands" under the County of Simcoe Official Plan); and • To the west: Agriculturally farmed land (80 Line 5 North). It has been noted that tree removal was completed in the area subject to the current application. As outlined in this report, the existing trees on and adjacent to the subject property are part of the "Greenlands" designation under the County of Simcoe Official Plan and provide an important screening and buffering function and are recommended for long term protection. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Agricultural and Greenlands • Township of Oro-Medonte Official Plan: Agricultural • Zoning By-Law: Rural Residential Two Zone (RUR2) 3. Proposal and Requested Minor Variances Development Services June 7, 2023 Report No. DS2023-054 Page 2 of 24 Page 290 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... The proposed site plan is included in Schedule 4. The applicants are proposing to place 6 shipping containers on the subject property at the rear (east) of the existing detached accessory building. These structures will be used exclusively by the existing Home Occupation on the subject property, in addition to the existing accessory structures noted above, which will expand the floor area and lot area related to the Home Occupation use. Based on the site plan submitted with the application, the proposed shipping containers will be effectively screened from view on Line 5 North by the accessory building and the tree cover on and surrounding the subject property. The shipping containers are also located towards the south limit of the subject property, which provides considerable spatial separation from the existing dwelling to the north at 175 Line 5 North. Each of the shipping containers will be 6.09 metres (20.0 feet) long and 2.4 m (8.0 feet) wide, with 1.2 metres (4.0 feet) of space between them. On this basis, each of the shipping containers will have a floor area of 14.6 m2 and the total floor area of the shipping containers will be 87.7 m2. The distance from the accessory building to the closest shipping container will be 12.0 metres. The proposed setback from the containers to the south (side) property line will be 18.3 metres. The proposal and requested minor variances will increase the floor area of the accessory structures associated with the Home Occupation from 160 m2 to approximately 247.7 m2, which would approach the 265 m2 floor area of the primary dwelling. The following minor variances to Zoning By-Law 97-95 have been requested by the Applicant: 1 . To permit a home occupation to occupy more than 50 percent of the gross floor area of a detached accessory building in the Rural Residential Two (RUR2) zone (Proposal is to permit 100% use of six (6) shipping containers for home occupation); and 2. To permit in a Residential Zone, the use of a truck, bus, coach, transport truck trailer, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose of an accessory structure (6 shipping containers proposed to be used as accessory structures). The effect of these requested variances will be to expand the existing Home Occupation by allowing 6 additional accessory structures (shipping containers that are not currently permitted by the zoning regulations) that are for the exclusive use of the Home Occupation in addition to the two existing structures that are 100% occupied by the Home Occupation. Development Services June 7, 2023 Report No. DS2023-054 Page 3 of 24 Page 291 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... This application was previously deferred at the November 3, 2021 Development Services Committee meeting to provide Township staff with the opportunity to obtain further details from the applicant about the proposal and the Home Occupation. 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is to install 6 shipping containers in the rear yard, behind the existing accessory building. The result will be 8 structures (247.7 m2 in area) that are associated with the Home Occupation that is required to be accessory to the primary dwelling (265 m2 in area). The required setbacks to these containers will be provided, including 18.3 metres to the closest property line (south side property line). Section 6.0 of the Zoning By-Law defines "Accessory Building or Structure" to mean "a detached building or structure, the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land • There is already one Uses [By-law 2017-0121 may be used or a building or structure accessory detached garage may be erected or used for a purpose, structure on the subject that purpose may include any property and an unenclosed detached accessory buildings, covered structure accessory structures or accessory uses immediately south of this located on the same lot as the primary accessory structure that are use to which they are related.For the used exclusively by the Home purposes of this by-law a retaining wall Occupation. with a height of 1.0 metre(3.2 feet)or • The 6 shipping containers more is considered an accessory would be additional structure and is subject to the accessory structures located provisions of Section 5.1. on the same lot as the primary dwelling for exclusive use in conjunction with an existing a Home Occupation. • The shipping containers are for exclusive use by the Home Occupation and will increase the floor area and number of structures associated with the Home Occupation. As a result,the incidental or secondary nature of the Home Occupation to the primary dwelling is reduced. 5.1.1 Uses Permitted in Detached No detached accessory building or • The proposed shipping Accessory Buildings and Structures[By- accessory structure shall be used for containers will be used law 2015-1921 human habitation or an occupation for exclusively for storage gain,unless specifically permitted by purposes associated with the this By-law.A detached accessory Home Occupation. Development Services June 7, 2023 Report No. DS2023-054 Page 4 of 24 Page 292 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re: Minor ... building or structure is permitted to • While the plans show no contain sanitary facilities,including space assigned for human sink and/or toilet,outside an area habitation and no sanitary susceptible to flooding however facilities are proposed,100% kitchen facilities including food of the floor area will be for preparation facilities or facilities for use by the Home Occupation. the installation of kitchen equipment • The proposed accessory are prohibited structures are required to comply with this section. 5.1.3 Permitted locations for detached Unless otherwise specified in this By- • The proposed shipping accessory buildings and structures in law,detached accessory buildings and containers will be located in all zones[By-law 2004-063,2015-192, structures,except boathouses,shall: the rear yard and largely 2017-0121 screened from view on Line 5 a)Not be located in the front yard. North by the existing Notwithstanding this provision,a accessory building. detached private garage is permitted in • The required building the front yard of a lot that abuts Lake setbacks are being provided Simcoe or Bass Lake provided it is set with the minimum setback back a minimum distance equal to the being 18.3 metres to the required front yard for the main south property line. building from the front lot line. Notwithstanding this provision,a detached accessory building is permitted in the front yard in the Agricultural/Rural(A/RU)Zone provided it is not located in the required front yard.Notwithstanding this provision,a retaining wall with a height of 1.0 metres or more is permitted in the front yard in all Residential zones provided it is not within the required front yard. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line.Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. Development Services June 7, 2023 Report No. DS2023-054 Page 5 of 24 Page 293 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached While no height is provided on the accessory building or structure,except submitted plans,the intent is that the boathouses,is 4.5 metres(14.7 feet). shipping containers will not exceed 4.5 metres in height. 5.1.5 Maximum lot coverage The maximum lot coverage of all 2.3%proposed detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area [By-law The maximum floor area of any one 14.6 m2(per shipping container) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses,is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) 5.12 Home Occupations Where a home occupation is permitted • The increase in the number in a Zone,the home occupation: of structures,floor area and lot area occupied by the a)shall clearly be a secondary use of Home Occupation will be the lot; similar to that of the primary b)shall be conducted entirely within a dwelling,reducing the detached accessory building and/or secondary nature of the the main building on the lot; Home Occupation. c)shall be conducted by at least one of • The Home Occupation will be the residents of a dwelling unit located expanded into 6 additional on the same lot; accessory structures(in d)shall not occupy more than 35 conjunction with the existing percent of the gross floor area of the accessory structures). dwelling unit,if the home occupation is • Home occupations are not contained in a dwelling unit in the permitted to involve outdoor main building on the lot; storage or display of e)shall not occupy more than 50 materials. percent of the gross floor area of a • Each of the proposed detached accessory building in the shipping containers will be Residential One(R1),Residential Two 100%occupied by the Home (R2),Rural Residential One(RUR1), Occupation. Rural Residential(RUR2),Shoreline • The existing detached garage Residential (SR)and the Residential and unenclosed covered Limited Service(RLS)Zones and 100% storage building are also of a detached accessory building in the 100%occupied by the Home Agricultural/Rural(A/RU)Zone,if the Occupation. home occupation is contained within a • The subject property is detached accessory building; located in the RUR2 zone. f)shall not create noise,vibration, • Variance required fumes,odour,dust,glare or radiation Development Services June 7, 2023 Report No. DS2023-054 Page 6 of 24 Page 294 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... which is evident outside the dwelling unit; g)shall not employ more than one employee who is not a resident of the dwelling unit; h)shall not involve the outdoor storage or outdoor display of materials or finished products; i)shall not involve the repair or maintenance of motor vehicles; j)shall not consist of an occupation that involves the sale of a commodity not produced on the premises,except that telephone or mail order sales of goods is permitted;and, k)shall not require receipt or delivery of merchandise,goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using motor vehicles typically employed in residential deliveries. 5.36 Storage/Shipping/Cargo No person shall,in any Residential • The proposal involves the use Containers[By-law 2015-1921 Zone,use any truck,bus,coach, of a shipping container for transport truck trailer,streetcar body, use as an accessory structure railway car body,railway shipping (variance required). container,or similar structure of any kind,for the purpose of an accessory structure Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. I have reviewed the development proposal and requested minor variances within the context of the applicable policies of PPS 2020 and I am of the opinion that the minor variances are not consistent with the following policies, as described in more detail in subsequent sections of this report: • 1.1.1 Healthy, liveable and safe communities are sustained by: c) avoiding development and land use patterns which may cause environmental or public Development Services June 7, 2023 Report No. DS2023-054 Page 7 of 24 Page 295 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... health and safety concerns; h) promoting development and land use patterns that conserve biodiversity; • 1.1.4.1 Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; h) conserving biodiversity and considering the ecological benefits provided by nature; • 1 .1 .4.3 When directing development in rural settlement areas in accordance with policy 1.1 .3, planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels; • 1 .1.5.2 On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); c) residential development, including lot creation, that is locally appropriate; d) agricultural uses, agriculture-related uses, on-farm diversified uses and normal farm practices, in accordance with provincial standards; e) home occupations and home industries; f) cemeteries; and g) other rural land uses; • 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted; • 2.1.1 Natural features and areas shall be protected for the long term; • 2.1.2 The diversity and connectivity of natural features in an area, and the long- term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features; • 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1 .4, 2.1.5, and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions; and • 2.3.3.1 In prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder, surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents, which achieve the same objectives. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1 .2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. Development Services June 7, 2023 Report No. DS2023-054 Page 8 of 24 Page 296 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... It is my opinion that the development proposal does not conform to the following Growth Plan policies, as described in more detail in subsequent sections of this report: • 2.2.9 Rural Areas 3. Subject to the policies in Section 4, development outside of settlement areas may be permitted on rural lands for: a) the management or use of resources; b) resource-based recreational uses; and c) 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. • 4.2.2 Natural Heritage Systems 3. Within the Natural Heritage System for the Growth Plan: a) new development or site alteration will demonstrate that: i. there are no negative impacts on key natural heritage features or key hydrologic features or their functions; iii. the removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided, where possible. Such features should be incorporated into the planning and design of the proposed use wherever possible; and b) the full range of existing and new agricultural uses, agriculture-related uses, on-farm diversified uses, and normal farm practices are permitted. However, new buildings or structures for agricultural uses, agriculture-related uses, or on-farm diversified uses are not subject to policy 4.2.2.3 a), but are subject to the policies in subsections 4.2.3 and 4.2.4. • 4.2.4 Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features 1. Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System for the Growth Plan or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self- sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. 3. Simcoe County Official Plan The subject property is designated "Agricultural and Greenlands" on Schedule 5.1 of the County of Simcoe Official Plan. On the basis of the review of the specific policies of the Simcoe County Official Plan provided in Table 2, it is my opinion that the proposal for the subject property and the requested minor variances do not maintain the general purpose and intent of the County of Simcoe Official Plan for the following reasons: Development Services June 7, 2023 Report No. DS2023-054 Page 9 of 24 Page 297 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... • The increase in the number of structures and floor area for exclusive use by the existing Home Occupation will result in the Home Occupation no longer being "clearly incidental, accessory, or secondary to the residential use of a dwelling" and not complying to the Zoning By-Law regulations for accessory uses and Home Occupations; • The result of the proposal will be to expand the Home Occupation uses beyond the scope of the definition of a "Home Occupation"; and, • The location, scale and intensity of the uses associated with the Home Occupation on the Agricultural portion of the subject property will challenge the primary residential use/character of the property and lead to potential conflicts with the natural heritage features on the Greenlands portion of the property. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • While the proposed structures are located within an existing cleared area of the subject property, The goals of this Plan are: tree removal has already occurred and there is potential for additional tree clearing to occur in • To protect,conserve,and enhance the County's conjunction with the proposed shipping containers natural and cultural heritage; and outdoor storage of materials for the Home • To achieve wise management and use of the Occupation.It is important that the existing tree County's resources; cover on and around the subject property be • To implement growth management to achieve preserved and protected to maintain the lifestyle quality and efficient and cost-effective "Greenlands"function and also provide screening municipal servicing,development and land use; and buffering functions of the Home Occupation • To achieve coordinated land use planning among uses to abutting properties. the County's local municipalities and with • The increase in the number of structures and floor neighbouring counties,districts,regions,and area occupied exclusively by the Home Occupation separated cities,and First Nations lands; will modify the character of the subject property • To further community economic development from that of a single detached dwelling with an which promotes economic sustainability in Simcoe accessory Home Occupation to a condition where County communities,providing employment and the Home Occupation competes with the single business opportunities;and detached dwelling for the primary use on the • To promote,protect and enhance public health property. and safety. • The subject property abuts agricultural land to the west and heavily treed open space to the east and south,with only the property to the north being potentially impacted.The location of the shipping containers behind the accessory structure provides considerable spatial separation,in addition to the screening and buffering provided by the existing trees on the property. • While the proposal will expand an existing Home Occupation,the land use and built form character of the subject property will be modified by increasing the prevalence of the Home Occupation use relative to the primary dwelling. Part 3-Growth Management Strategy • While the proposal is located on a property designated"Agricultural"and"Greenlands",the 3.1 Strategy proposed structures are intended to be accessory to an existing Home Occupation and will not The planning strategy of this Plan is based on four themes: require new servicing connections. Development Services June 7, 2023 Report No. DS2023-054 Page 10 of 24 Page 298 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... • While the proposed structures are located in an • Direction of a significant portion of growth and area that is set back from the existing tree cover development to settlements where it can be and natural heritage characteristics on the subject effectively serviced,with a particular emphasis on property and in the surrounding area,the overall primary settlement areas. character of the subject property will be modified • Enabling and managing resource-based by the number of additional structures and floor development including agriculture,forestry, area proposed for the Home Occupation. aggregates,and tourism and recreation. • While the shipping containers will be 100% • Protection and enhancement of the County's occupied by a Home Occupation use,they will be natural heritage system and cultural features and strictly for storage with no office,administrative or heritage resources,including water resources. other uses. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.6 Agricultural • While the proposal and requested minor variances will not alter the use of the subject property for a Objectives single detached dwelling and Home Occupation, the increase in the number of structures and floor 3.6.1 To protect the resource of prime agricultural lands and area associated with the Home Occupation prime agricultural areas,while recognizing the inter- changes the built form character and accessory relationship with natural heritage features and areas and nature of the Home Occupation. ecological functions,by directing development that does not . The existing Home Occupation is permitted as an satisfy the Agricultural policies of this Plan to Settlements On-Farm Diversified Use.However,it is my opinion and the Strategic Settlement Employment Areas and that the increase in the scale of the Home Economic Employment Districts and directing limited uses Occupation as a result of addition of the 6 that are more suitable to the Rural designation accordingly. proposed shipping containers results in the use no 3.6.2 To enable the agricultural industry to function longer qualifying as Home Occupation.This effectively in prime agricultural areas by minimizing position is expanded upon in this report. conflicting and competing uses while accommodating uses and facilities which support the agricultural economy in accordance with the Planning Act and the Farm Practices Protection Act and its successors. 3.6.3 To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy. Policies 3.6.5 Prime agricultural areas are identified by the Agricultural designation on Schedule 5.1 and shall be protected for long-term use for agriculture.All types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 3.6.6 Permitted uses within the Agricultural designation are agricultural uses,agriculture-related uses(PPS 2014), processing of agricultural products,on-farm diversified uses, natural heritage conservation and forestry,mineral aggregate operations subject to Section 4.4,and agricultural produce sales outlets generally marketing production from the local area. 3.6.10 Development in prime agricultural areas should wherever possible be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system and cultural features. Development Services June 7, 2023 Report No. DS2023-054 Page 11 of 24 Page 299 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... 3.8 Greenlands • The proposal and requested minor variances will bring structures and activities associated with the Objectives existing Home Occupation closer to the "Greenlands"on the east and south portions of 3.8.1 To protect and restore the natural character,form, the subject property and may lead to future tree function,and connectivity of the natural heritage system of removal to facilitate these uses. Site Plan Control the County of Simcoe,and to sustain the natural heritage should be considered for this Home Occupation in features and areas and ecological functions of the order to establish the lands associated with the Greenlands designation and local natural heritage systems business and to preserve the Greenlands for future generations. designation from further tree removal. 3.8.2 To promote biodiversity and ecological integrity within • The proposal does not include an appropriate the County's natural heritage features and areas and the evaluation to confirm that the proposed Greenlands designation. containers and expanded Home Occupation use 3.8.3 To improve the quality,connectivity and amount of will protect or restore the natural character,or woodlands and wetlands cover across the County. function and connectivity of the Greenlands and 3.8.4 To ensure that species and communities of will not fragment the natural heritage features on conservation concern can continue to flourish and evolve and around the subject property. throughout the County. • The increase in the number of structures and floor 3.8.5 To contribute to the protection,improvement,and area associated with the Home Occupation may restoration of the quality and quantity of surface water and lead to increased business-related activity directly ground water and the function of sensitive surface water adjacent to the Greenlands portion of the subject features and sensitive ground water features within the property. County. • Placement of the shipping containers will modify 3.8.6 To ensure that the Greenlands designation the grading and drainage characteristics of the complements and supports the natural heritage systems subject property.However,site grading and established in provincial plans and is linked with the natural erosion/sediment control plans have not been heritage systems of adjacent jurisdictions,and to require submitted with this application. local municipalities to identify and protect natural features and ecological functions that in turn complement and support the Greenlands. 3.8.7 To ensure that the location,scale,and form of development respect and support the protection of the County's natural heritage system. 3.8.8 To provide opportunities for natural heritage enjoyment and appreciation and for recreational and tourism uses in keeping with the Greenlands objectives,that foster healthy and liveable communities and enhance the sense of place and quality of life that characterize the County.Natural Heritage Systems 3.8.9 Natural heritage in Simcoe County will be protected by: a)The Greenlands designation,which is the natural heritage system of the County of Simcoe;and b)The natural heritage systems of the 16 local municipalities which may identify local natural features and areas in addition to the County's Greenlands designation. 4. Township of Oro-Medonte Official Plan The subject property is designated "Agricultural" on Schedule A of the Township of Oro- Medonte Official Plan. The policy analysis matrix in Table 3 addresses the applicable policies. It is my opinion that the requested minor variances do not maintain the general purpose and intent of the Official Plan. The scale and intensity of the use resulting from Development Services June 7, 2023 Report No. DS2023-054 Page 12 of 24 Page 300 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... the placement of six shipping containers for the exclusive use of the existing Home Occupation will modify the land use and built form character of the subject property relative to the surrounding Agricultural uses and natural heritage features. The increase in the number of structures and floor area associated with the Home Occupation will also result in these uses no longer being clearly secondary or incidental to the primary use of the property for a single detached dwelling and, consequently, not qualifying as a Home Occupation. The accessory uses also do not qualify as a "Home Industry" under Section C1.3.3. of the Official Plan based on the character of the existing and permitted uses and the fact that a Zoning By-Law Amendment application has not been submitted to ensure the criteria set out under this section are satisfied. It is my opinion that a Zoning By-Law Amendment application is the appropriate land use planning process whereby the proposed expansion of the existing business use on the property can be properly evaluated and an additional permitted use added through a site-specific exception to the applicable zoning category. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will bring the structures and activities A2.1 Natural Heritage associated with the Home Occupation into closer proximity of the natural heritage features on and A2.1.1 Goal adjacent to the subject property and will also modify the grading and drainage characteristics of It is the goal of this Plan to protect and enhance significant the subject property. natural heritage features and related ecological functions in • As noted above,it would appear through review of the Township. aerial mapping that tree removal has occurred in the area of the home occupation and the proposed A2.1.2 Strategic Objectives shipping container location,that could be within the Greenlands designation and require a)To protect from incompatible development significant consultation with the County regarding any natural heritage features and their associated ecological and clearances or permits that would be required. hydrological functions. • No new services or infrastructure are proposed to c)To ensure that an understanding of the natural support the accessory structure. environment,including the values,opportunities,limits and • While the proposed structures are associated with constraints that it provides,guides land use decision-making the Home Occupation,the built form and land use in the Township. character of the subject property will be modified e)To require that the land use planning process contributes by increasing the number of structures on the to the protection,maintenance and enhancement of water property and reducing the primary character of and related resources and aquatic ecosystems on an the property as a single detached dwelling. integrated watershed management basis. • The effect of the proposal and requested minor f)To protect from incompatible development significant variances is to increase the prominence of the woodlands and wildlife habitat areas and the ecological Home Occupation uses on the subject property functions they provide. relative to the primary dwelling in a location g)To protect from incompatible development wetlands and directly interfacing with the natural heritage Provincially Significant Areas of Natural and Scientific features on the property. Interest and the habitats and ecological functions they . No analysis has been provided with the application provide. to demonstrate that the expanded non-residential h)To protect natural heritage systems as defined by the uses will be adequately buffered from the natural Township and the County of Simcoe. heritage features to avoid or mitigate any potential adverse impacts. Development Services June 7, 2023 Report No. DS2023-054 Page 13 of 24 Page 301 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... A2.4Agriculture • While the proposal will not directly compromise the agricultural character or potential of the A2.4.1 Goal subject property and overall community,the increase in the number of structures and floor area It is the goal of this Plan to preserve areas demonstrating for exclusive use by the Home Occupation will high capability for agricultural production for that purpose. change the land use and built form character of A2.4.2 Strategic Objectives the property and its relationship to the surrounding area. a)To ensure that agriculture remains an integral part of the • The character of the Home Occupation as economy of the Township and the County. secondary to the primary dwelling is also reduced b)To ensure that non-agricultural uses which may have an by the placement of 6 additional structures impact on the viability of farm operations are not permitted. (shipping containers not currently permitted under c)To encourage the establishment of farm-related uses and the Zoning By-Law)that will increase the floor area other secondary uses on farm properties to improve the for exclusive use by the Home Occupation close to livelihood of area farmers. that of the dwelling. d)To encourage the establishment of uses and activities on farm properties that highlight the importance of agriculture and its history in the Township. e)To encourage the maintenance of the character of agricultural areas by maintaining farm buildings and other elements of the built and natural landscapes that contribute to that character. A2.6 Growth and Settlement • No residential growth is proposed.The proposal is exclusively for expansion of the Home Occupation. A2.6.2 Strategic Objectives • The proposed uses are intended to be accessory to the existing uses and be compatible with the settlements.direct the majority of new residential growth to community and also respect and preserve the s d)To encourage the more efficient use of land in context and character of the property relative to settlements,where appropriate. surrounding land uses. • However,the increase in the number of structures and floor area for exclusive use by the Home Occupation erodes the accessory and secondary nature of the Home Occupation and will change the land use and built form character of the Home Occupation relative to the primary dwelling,as well as the surrounding properties in the community. SECTION C1—AGRICULTURAL • The proposal and requested minor variances will not adversely impact the agricultural resources C1.1 OBJECTIVES base or land suitable for agricultural production. • However,the single detached dwelling residential a)To maintain and preserve the agricultural resource base of character and accessory home occupation of the the Township. subject property will be considerably modified by b)To protect land suitable for agricultural production from the addition of the additional structures and floor development and land uses unrelated to agriculture. area for exclusive use by the Home Occupation. c)To promote the agricultural industry and associated • The accessory uses do not qualify as a"Home activities and enhance their capacity to contribute to the Industry"under section C1.3.3.of the Official Plan economy of the Township. based on the character of the existing and d)To preserve and promote the agricultural character of the permitted uses and the fact that a Zoning By-Law Township and the maintenance of the open countryside. Amendment application has not been submitted to ensure the criteria set out under this section are C1.2 PERMITTED USES satisfied. • The increase in the number of structures and floor The principle use of land in the Agricultural designation as area relative to the primary dwelling will result in shown on the schedules to this Plan shall be agriculture. the non-residential uses no longer being clearly Other permitted uses include single detached dwellings,bed Development Services June 7, 2023 Report No. DS2023-054 Page 14 of 24 Page 302 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... and breakfast establishments,home occupations,home secondary to the dwelling and not qualifying as a industries,commercial dog kennels,forestry,resource "Home Occupation". management uses,farm implement dealers and feed and fertilizer distribution facilities,storage facilities for agricultural products,greenhouses,agricultural research and training establishments,farm related tourism establishments,agriculturally-related commercial uses, commercial uses on farm properties and seasonal home grown produce stands.Wayside pits and portable asphalt plants are also permitted.All existing commercial and industrial uses are also permitted.The designation also permits existing tourist commercial uses such as private parks,trailer or recreational vehicle parks,mobile home parks,rental cabin establishments and private campgrounds and accessory recreational and commercial facilities and existing recreational uses such as golf courses.The development of new tourist commercial and recreational uses in the Agricultural designation is not contemplated by this Plan. 5. Township of Oro-Medonte Zoning By-Law 97-95 The general purpose and intent of Zoning By-Law 97-95 is to provide specific permissions and regulations to facilitate implementation of the applicable Official Plan policies. The subject property is zoned "Rural Residential Two Zone (RUR2)", which permits single detached dwellings and accessory buildings/structures. This application includes the following minor variances as they relate to an existing home occupation use: 1 . To permit a home occupation to occupy more than 50 percent of the gross floor area of a detached accessory building in the Rural Residential (RUR2) zone (Proposal is to permit 100% use of six (6) shipping containers for home occupation); and 2. To permit in a Residential Zone, the use a truck, bus, coach, transport truck trailer, streetcar body, railway car body, railway shipping container, or similar structure of any kind, for the purpose of an accessory structure (6 shipping containers proposed to be used as accessory structures). This application is based on the proposed shipping containers being accessory to the existing single detached dwelling and part of a Home Occupation. While the proposed shipping containers comply with the zoning regulations for accessory structures that relate to floor area, height, lot coverage and setbacks, the number of structures and non-residential floor area associated with the Home Occupation will no longer be clearly secondary, incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot, in order to satisfy the definition of an accessory use or structure or criteria for a Home Occupation. The proposed structures are also clearly not permitted as accessory structures in a residential zone and will also be fully occupied by the non-residential uses. The result of the proposal and requested minor variances will Development Services June 7, 2023 Report No. DS2023-054 Page 15 of 24 Page 303 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... be to modify the existing land use and built form character of the subject property from that of a single detached dwelling with a Home Occupation to that of a property with a single detached dwelling and non-residential uses that share prominence in terms of floor area and built form. On this basis, it is my opinion that a Zoning By-Law Amendment is required to pursue the proposed expansion of the business 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? No. The increase in the number of structures and floor area for exclusive use by the existing Home Occupation will result in the Home Occupation no longer being "clearly incidental, accessory, or secondary to the residential use of a dwelling" and not qualifying as a Home Occupation. The result of the proposal will be to expand the Home Occupation uses beyond the definition of a "Home Occupation". The location, scale and intensity of the uses associated with the Home Occupation on the Agricultural portion of the subject property will challenge to the primary use and character of the property for a single detached dwelling and lead to potential conflicts with the natural heritage features on the Greenlands portion of the property. At this time, staff are not aware of the completion of a Natural Heritage Evaluation to satisfy Provincial Policies and ensure the proposed use does not conflict with the natural heritage features on or adjacent to the property. Do the variances conform to the general intent and purpose of the Zoning By-law? No. The increase in the number of structures and non-residential floor area associated with the Home Occupation will no longer be clearly secondary, incidental to, subordinate to, or exclusively devoted to, the principal use or main building on the same lot, in order to satisfy the definition of an accessory use or structure or criteria for a Home Occupation. The proposed structures are also clearly not permitted as accessory structures in a residential zone, and will also be fully occupied by the non-residential Development Services June 7, 2023 Report No. DS2023-054 Page 16 of 24 Page 304 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re: Minor ... uses. The requested minor variances will modify the existing land use and built form character of the subject property from that of a single detached dwelling with a Home Occupation to one of a property with a single detached dwelling and non-residential uses that share prominence in terms of floor area and built form. On this basis, an amendment to the Zoning By-Law should be sought in order to facilitate the proposed business use as outlined in the minor variance application. Are the variances desirable for the appropriate development of the lot? No. The minor variances will not maintain the general purpose and intent of the Official Plan or Zoning By-Law and will have the effect to expand the non-residential uses on the property beyond the characteristics and criteria for accessory uses and structures and a Home Occupation. The existing built form character and use of the subject property will be modified from that of a single detached dwelling with accessory uses to one where the dwelling and non-residential uses compete with one another for the primary use. Additionally the expansion of the home occupation use and the proposed location for the shipping containers within the County's Greenlands designation may impact the woodland feature, neither the tree removal that has occurred to date or in future for the shipping container placement has been assessed through a Natural Heritage Evaluation and to satisfy Provincial policies. Are the variances minor? No. It is my opinion that that the requested minor variances will change the character of the subject property from the primary use of a single detached dwelling with a Home Occupation. The proposed number of structures and floor area will result in the existing Home Occupation expanding to a point where it can no longer be considered clearly secondary, accessory or incidental to the primary dwelling. The proposed accessory structures are a type explicitly not permitted under the zoning regulations and will be 100% occupied by the Home Occupation. Given the impact to the land use and built form character on the subject property, and the qualification of the non-residential uses and structures as part of a Home Occupation, the requested minor variances cannot be considered 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 Development Services June 7, 2023 Report No. DS2023-054 Page 17 of 24 Page 305 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... • 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 following Goal of the Plan is relevant to this application: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Staff are of the opinion that the proposed development will negatively impact the Township's natural features and attributes and is not consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No comments on the application. • Township Development Engineering — No objections to the application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Applicant's Site Plan Conclusion: I recommend that Minor Variance Application 2021-A-69 be refused on the basis that the application does not meet the four tests of the Planning Act. A Zoning By-Law Amendment application would be the appropriate land use planning approach to facilitate the proposal. Development Services June 7, 2023 Report No. DS2023-054 Page 18 of 24 Page 306 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Andy Karaiskakis, RPP, Senior Planner May 31, 2023 Derek Witlib, RPP, Director Development Services May 31, 2023 Development Services June 7, 2023 Report No. DS2023-054 Page 19 of 24 Page 307 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... Schedule 1: Location Map 265 a T 217 200 175 au e J 57 80 2491 90 Melville 4 50 2524 17 15 11 9 7 5 3 2484 2472 2498 2491 2444 24'$9 Schedule 1 WL Location ' Subject Lands ■ "SPrro-'u'd Heritage,Exciting Fatme 0 200 M File Number,2021-A-69 I i o i 1 Development Services June 7, 2023 Report No. DS2023-054 Page 20 of 24 Page 308 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... Schedule 2: Aerial Photo k '�u7nc Y k • � r!� s AIL. Schedule 2 Aerial Photo ��. Subject Lands Prvrrd Hrntage,Exciting FrttHee 0 so M File Number 2921-A-69 ' k I I i I 1 Development Services June 7, 2023 Report No. DS2023-054 Page 21 of 24 Page 309 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... Schedule 3: Site Photos 914+, �� 6r• Looking North along Line 5 North Looking South along Line 5 North Existing Single Detached Dwelling Existing Accessory Building and Parking Area to South of Single Detached Dwelling r , WRI, dx s R . i ° . ter= _ t r Existing Outdoor Storage along South of Subject Property Cleared Area for Proposed Outdoor Storage Uses Development Services June 7, 2023 Report No. DS2023-054 Page 22 of 24 Page 310 of 322 7.d) DS2O23-054, Michael Barton, Township Planning Consultant re: Minor ... Cleared Area for Proposed Outdoor Storage Uses Cleared Area for Proposed Outdoor Storage Uses Development Services June 7, 2023 Report No. DS2023-054 Page 23 of 24 Page 311 of 322 7.d) DS2023-054, Michael Barton, Township Planning Consultant re. Minor ... Schedule 4: Site Plan County of Simcoe - Web Map fS% lam —5, XI/ S .9 4 L 3� �,. rA '\ 14 VI r 2G.®mler m WM]M or in pert,may not be rCpraeuGrw�witnaur ,r—authanty Tmrr0 Th@ CarpQ*t V of cho County of 1 e. f map 6 ary dw far p and ml use,has beer prouuraerl ta]19 from a vanary R! 4Ls and may ngta 4Yrtbn1 w 0 20 40 60m A� Ma.Right t✓[+n part; p r Ilc¢�Ka Tram l Her Me,a®ty 7AB m Riyht or Ca+ada,Qsparmnt of Neural Resaureas >s P-1er,OM—W—Vy o4'M1alural Rest *3.C-wonc 1 : M 28 Development Services June 7, 2023 Report No. DS2023-054 Page 24 of 24 Page 312 of 322 7.e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet ... Township of Report 0 Proud Heritage, Exciting Future Report No. To: Prepared By: DS2023-048 Development Services Danielle Waters Committee Planner Meeting Date: Subject: 2023-ZBA-07 Motion # June 7, 2023 Grant Bennet and Wendy Hatch Roll #: Temporary Use By-law R.M.S. File #: 4346-020-002-01500 Garden Suite (Granny Flat) D14- 1165 Moonstone Road West Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2023-048 be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-07 and Temporary Use By-law 2023-045 by Grant Bennet and Wendy Hatch, specifically to permit a Garden Suite for the lands known as 1165 Moonstone Road West for a period of up to twenty (20) years, be approved. 3. That the Deputy Clerk bring forward the appropriate by-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 1165 Moonstone Road West, Township of Oro-Medonte, for the purposes of a Garden Suite for a period of up to twenty (20) years. 4. And that the applicants be advised of Committee's decision under the Director, Development Services signature. Background: Grant Bennet and Wendy Hatch have submitted an application to permit a garden suite on the subject property municipally known as 1165 Moonstone Road West. The land has an area of approximately 41.6 hectares (102.8 acres) and a lot frontage of approximately 372.0 metres (1,221.0 feet) on Moonstone Road West. The property currently contains a single detached dwelling and several agricultural and accessory buildings. The applicants are proposing to keep the proposed Garden Suite on the subject property on a temporary basis for a period of up to twenty (20) years as provided for under the Planning Act. Development Services June 7, 2023 Report No. DS2023-048 Page 1 of 10 Page 313 of 322 7.e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet ... Analysis: Section 39.1 of the Planning Act permits Council to authorize the temporary use of a Garden Suite for up to twenty years. Garden Suite is defined as "one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable." Furthermore, The Act also allows Council to enter into an agreement with the landowner to deal with issues such as: • the installation, maintenance, and removal of the garden suite; • the period of occupancy of the garden suite by any of the persons named in the agreement; and • the monetary or other form of security that Council may require for actual or potential costs to the municipality related to the Garden Suite. 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 land is designated `Rural and Environmental Protection One' in the Township's current Official Plan and `Greenlands' in the adopted Official Plan and `Greenlands' in the County's Official Plan. The policies of the Township and County Official Plans, as well as Provincial Policies (Provincial Policy Statement and Growth Plan) have been reviewed and do not affect the context of the proposed development. Consistent with Section 39.1 of the Planning Act, the Township of Oro-Medonte brought forth a policy in 1997 outlining requirements for Garden Suites in the Township. It states that: a. The garden suite is not to be a mobile home; b. The garden suite utilizes existing services on the property; c. The existing driveway to the main residential dwelling is to be utilized for access and no new entrance from a public road be created for the garden suite; d. The garden suite has a minimum gross floor area of 50 square metres and a maximum gross floor area of 85 square metres; e. Approval for the increased usage of the septic system be obtained; f. An agreement be registered on title providing for the use of the lands; g. The garden suite not be transferable to another owner; and h. Appropriate securities are deposited with the Township to ensure that the agreement can be implemented. Section 4.10 of the Township's adopted Official Plan speaks to details regarding Garden Suite development such as utilizing the existing services, existing driveway and being a secondary and subordinate use to the main dwelling. It should be noted that the Development Services June 7, 2023 Report No. DS2023-048 Page 2 of 10 Page 314 of 322 7.e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet ... proposed Garden Suite is not to be used as a rental dwelling unit for gain or profit, but to provide housing for an elderly family member to the applicants, as indicated on the application. The proposed structure would conform to this section. In reviewing Section 2.13.4 Greenlands permitted uses in the adopted Official Plan, it does not permit Garden Suite, however, this designation does permit Additional Residential Units (ARU). ARUs are permanent residential units and Garden Suites are temporary in nature and will be removed after the prescribed time period. Planning Staff are satisfied that a Garden Suite is an appropriate temporary use on the property which will utilize existing site services and be placed within the developed area of the property. The proposed Garden Suite will continue to use the existing driveway and a proposed new septic. The Suite has a floor area of 58.5 square metres (630.0 square feet) and may require a deck to enter the suite. The proposed location for the Garden Suite is located within the 30.0 metres setback of the Environmental Protection zone. The existing dwelling and additional structures are all located within the Environmental Protection Zone, and for the proposed Suite to utilize existing services must be placed within the 30.0 metres setback requirement. It should be noted that the structure will be located outside of the NVCA floodplain and approximately 120 metres from the natural heritage features. Planning Staff are satisfied that any environmental concerns will be addressed at the NVCA permit stage as the proposed Suite location is within the regulated area. At the time of writing this report, no comments have been received from NVCA, and Committee shall have regard to any comments submitted. Upon site visit, staff noted an appropriate amount of space for the proposed Suite. The proposed structure is located within the proximity of the existing dwelling and in Planning Staff's opinion it will blend in with the rural residential character of the area and not appear out of place. In keeping with the Township's Garden Suite Policy, the landowners and occupants will be required to execute an Agreement prepared by Staff that outlines the conditions respecting the installation, and eventual removal of such dwelling unit. The Agreement requires the deposit of $2,500 as security in the case of default of such agreement. Once all parties (Township and owners,) have signed the Agreement, the Agreement will then be registered on title of the property. The property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law. The Township's Zoning By-law permits single detached dwellings within the A/RU Zone. Unlike other Zoning By-law Amendment applications presented to Council, the temporary use does not propose to alter the A/RU Zone symbol applicable to the property, as shown on Schedule A22 of the Zoning By-law. Rather, the Temporary Use By-law paired with the Registered Agreement will allow for the specified use by the specific individuals listed, in addition to the existing use of the property. Development Services June 7, 2023 Report No. DS2023-048 Page 3 of 10 Page 315 of 322 7.e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet ... Financial / Legal Implications / Risk Management: A $2,500 security deposit is required as part of the agreement of the Garden Suite to ensure removal of the unit at the expiration of the agreement. 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: 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: • Township Operations Department: No comments. • Township Development Engineering: No objections. • Township Building Department: Building Division has no comment at this time. • Owner/Applicant to be aware that a Septic Verification Permit or Septic Permit will be required and a Building Permit for the structure will be required. • Hiawatha First Nation: no concerns Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Drawing Schedule 5: Existing Zoning Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-07 be approved, which would permit the approval of a Garden Suite Agreement on a Development Services June 7, 2023 Report No. DS2023-048 Page 4 of 10 Page 316 of 322 7.e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet ... temporary basis for a period of up to twenty (20) years in accordance with the appropriate agreement being executed by the landowners, occupants, and the Township. 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, RPP, Senior Planner May 31, 2023 Derek Witlib, RPP, Director, Development Services May 31, 2023 Development Services June 7, 2023 Report No. DS2023-048 Page 5 of 10 Page 317 of 322 7.e) DS2023-048, Danielle Waters, Planner re- 2023-ZBA-07, Grant Bennet ... Schedule 1: Location Map 5591 i Rd. a�sa...ga E.i � 5455 Moonstone-Rd. 1141 Z N I� IJ LJ 1429 261 1071 1165 Z ii L 5610 253 5396 5610 227 5100 5100 5076 Location �CMTownshi Subject Lands /(� _ P f Proud Heritage,Exciting Futurr 0 loom File Number:2023-ZBA-07 Development Services June 7, 2023 Report No. DS2023-048 Page 6 of 10 Page 318 of 322 7.e) DS2023-048, Danielle Waters, Planner re- 2023-ZBA-07, Grant Bennet ... Schedule 2: Aerial Photo MooriSCone Rd�W. 19E - - 1941 1429 Q 1071 11�ti5 e Z �it � Z J 5610 ? Vol 253 .- - 5610 5396 227 Aerial Toumshzp of Q Subject Lands Prond Heritage,Exciting Future 0 100 M File Number.2023-ZBA-07 M Development Services June 7, 2023 Report No. DS2023-048 Page 7 of 10 Page 319 of 322 7.e) DS2023-048, Danielle Waters, Planner re- 2023-ZBA-07, Grant Bennet ... Schedule 3: Applicant's Site Plan , © V ,. u S' d Site Plan 0 TE If Proud Hrritaiy,F,xritiu houre File Number:2023-2BA-07 Development Services June 7, 2023 Report No. DS2023-048 Page 8 of 10 Page 320 of 322 7.e) DS2023-048, Danielle Waters, Planner re: 2023-ZBA-07, Grant Bennet ... Schedule 4: Applicant's Drawing OR ❑® El TRA MONAL DORMER FRONT ELEVATION El FEI a TRADOWL DORMER IMPERAL DORMER —w7 aEDyprt REAR ELEVATION LEE..ELEVAL Elevation Drawings Tbumshipq Proud HeritagCp Exciting Future File Number,2023-ZBA-07 Development Services June 7, 2023 Report No. DS2023-048 Page 9 of 10 Page 321 of 322 7.e) DS2023-048, Danielle Waters, Planner re- 2023-ZBA-07, Grant Bennet ... Schedule 5: Existing Zoning die e. 'L A/RU Os a C J aia�xWw. EP Moonstone-Rd:W. 9 AfRU*70 AfRU E A/RU*70 E AfRU*70 Z ri c J A RU EP Al Existing Zoning A/RU(Agricultural/Rural) ` Subject Lands EP(Environmental Protection) Township of OS(Open Space) Proud Heritage,Exrilbiq Future 0 300 Meters File Number.2023-7BA-07 Development Services June 7, 2023 Report No. DS2023-048 Page 10 of 10 Page 322 of 322