07 05 2023 Development Services Committee Agenda The Township of Oro-Medonte
Development Services Committee
Meeting Agenda
T�wnshzpo ' Electronic Hybrid Meeting
Proud Heritage, Exciting Future Wednesday, July 5, 2023
5:30 p.m.
Effective Monday, March 28, 2022, all Township facilities are open to the Public with
safety measures in place. We encourage social distancing and discretionary
masks/face coverings.
Residents and business owners are encouraged to continue to utilize on
line and telephone services for Township related business; and staff continue to be
available to provide assistance by telephone or email.
Input on agenda items are welcome and encouraged.
The Township of Oro-Medonte has amended its Procedural By-law to allow for
electronic participation at Council meetings. In-person attendance at public meetings
is also available. Protocols have been established to advise how to electronically
participate in the public portions of these meetings. Please visit the following links for
additional information:
• Request for Participation Form
• Protocols for Public Participation Council and IDS Committee
All electronic Council meetings will be streamed live, where possible, on the Township
YouTube Channel. Council Agendas will continue to be published on the Civic Web
Meeting Agendas in advance of the meeting date in accordance with the Township's
Procedural By-law.
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Opening of Meeting:
Page 1 of 209
The Township of Oro-Medonte acknowledges that we are situated on the
traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and
ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa
[Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee]
nations, collectively known as the Three Fires Confederacy. It continues
today as the home for diverse Indigenous Peoples including the historic
Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this
land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-
Council and the Williams Treaties First Nations. The Huron-Wendat Nation
also continues to pay respect and protect their ancestors and heritage on this
land. We honour the Indigenous history and culture that has thrived for
millennia in this territory and the Treaties that bind us together as partners in
the spirit of a shared sustainable and prosperous future. We are all Treaty
People. Our commitment begins with acknowledging the Truth so that we
can move forward together towards Reconciliation.
2. Agenda Approval:
a) Motion to Approve the Agenda.
3. Disclosure of Pecuniary Interest:
4. Approval of Minutes:
4 - 19 a) Minutes of Development Services Committee meeting held on Wednesday,
June 7, 2023.
5. Public Meetings:
20 - 36 a) 5:30 p.m. Notice of Receipt of Complete Application; Notice of Particulars
and Public Access; Notice of Public Meeting for a Proposed Amendment to
the Zoning By-law of the Township of Oro-Medonte, 72 Line 9 North, Part of
Lot 20, Concession 8 (Oro), Township of Oro-Medonte, County of Simcoe,
2023-ZBA-09 (Wes Reynolds).
6. Public Hearings:
37 - 61 a) 5:45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re: Minor
Variance Application 2023-A-25, Tamara Scearce, 8 Fairway Court.
62 - 100 b) 5:55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re: Minor
Variance Application 2023-A-26, Kent Tresham, 13 Orser Drive.
101 - 127 c) 6:05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re: Minor Variance
Application 2023-A-27, Peter & Cheryl Pashkevitch, 475 Line 15 South.
Page 2 of 209
128 - 152 d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance
Application, 2023-A-28, Big Cedar (Oro) Residents Associations (Angus
MacDonald), 4044 Line 13 North, (25 Maple Crescent).
7. Reports of Municipal Officers:
153 - 158 a) DS2023-056, Danielle Waters, Planner re: Request to Allow for Two
Dwellings at 4613 Line 6 North by Victor, Christopher, and Kimberley
Douglas [Refer to Item 5c) 07 05 2023 Council Agenda].
159 - 203 b) DS2023-055, Derek Witlib, Director, Development Services re: Official Plan
Amendment Application 2022-OPA-03; Zoning By-law Amendment
Application 2022-ZBA-11 and Plan of Subdivision Application 2022-SUB-06
by Craighurst Limited Partnership (Craighurst Crossing), Part Lots 41 and 42,
Concession 1 EPR (Medonte) [Refer to Items 5b) and c) 07 05 2023 Council
Agenda].
204 - 209 c) DS2023-058, Danielle Waters, Planner re: Temporary Trailer Agreement, 19
Matilda Street, Candace Spencer and William Walt [Refer to Item 5d) 07 05
2023 Council Agenda].
8. Next Meeting Date:
Wednesday, August 2, 2023.
9. Adjournment:
a) Motion to Adjourn.
Page 3 of 209
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, June 7, 2023 5:31 p.m.
Present: Mayor Randy Greenlaw
Deputy Mayor Peter Lavoie
Councillor Lori Hutcheson
Councillor John Bard
Councillor David Clark
Councillor Richard Schell
Councillor Robert Young
Staff Derek Witlib, Director, Development Services; Andy Karaiskakis, Senior
Present: Planner; Catherine McCarroll, Intermediate Planner, Danielle Waters,
Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk;
Patrick Howse, Information Technology Technician (IT)
All Committee and staff participated via Zoom platform.
1. Opening of Meeting:
Deputy Mayor Lavoie assumed the Chair at the above noted time and called the
meeting to order.
The Township of Oro-Medonte acknowledges that we are situated on the traditional
land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the
Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we]
and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires
Confederacy. It continues today as the home for diverse Indigenous Peoples including
the historic Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this land,
specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the
Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect
and protect their ancestors and heritage on this land. We honour the Indigenous history
and culture that has thrived for millennia in this territory and the Treaties that bind us
together as partners in the spirit of a shared sustainable and prosperous future. We are
all Treaty People. Our commitment begins with acknowledging the Truth so that we can
move forward together towards Reconciliation.
Page 1 of 16
Page 4 of 209
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
2. Agenda Approval:
a) Motion to Approve the Agenda.
Motion No. DSC230607-1
Moved by Greenlaw, Seconded by Young
It is recommended that the agenda for the Development Services Committee meeting of
Wednesday, June 7, 2023 be received and approved.
Carried.
3. Disclosure of Pecuniary Interest:
Councillor Schell declared a conflict of interest on Item 5a) 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) as Councillor
Schell indicated this item is for his personal home. Councillor Schell indicated he will
leave the Council seat during this item and take a seat in the public gallery.
4. Approval of Minute %
s:
a) Minutes of Development Services Committee meeting held on Wednesday, May 3, 2023.
Motion No. DSC230607-2
Moved by Bard, Seconded by Scher
It is recommended that the draft minutes of the Development Services Committee
meeting held on Wednesday, May 3, 2023 be received and approved as printed and
circulated.
N4r Carried.
Page 2 of 16
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4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
5. Public Meetings:
a) Notice of Receipt of a Complete Application; Notice of Particulars and Public
Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of
the Township of Oro-Medonte, 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).
Councillor Schell declared a conflict of interest on Item 5a) 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) as Councillor
Schell indicated this item is for his personal home. Councillor Schell left the Council
seat during this item and took a seat in the public gallery.
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 Richard Schell.
The following correspondence was received: Township of Oro-Medonte, Manager,
Development Engineering dated May 9, 2023; Township of Oro-Medonte, Economic
Development Officer dated May 18, 2023; Enbridge Gas dated May 23, 2023; Township
of Oro-Medonte Building Division dated May 25, 2023; Diana Wells dated May 29,
2023; Frank Hutcheson dated June 1 , 2023; Paul Sanderson dated June 6 and 7 (2),
2023. Peter Newman dated June 2, 2023; Jamey Adams dated June 4, 2023; Kevin
Moore dated June 4, 2023; Janet Bumstead dated June 7, 2023; Paul and Cynthia
Crooks dated June 7, 2023; Eva Pellatt dated June 7, 2023.
Derek Witlib, Director, Development Services, explained the purpose and effect of the
proposed application. A PowerPoint presentation was presented.
Richard Schell, applicant, was present.
The following provided public comments:
Lillian McConnell provided comments in opposition to the application, setting
precedence, opening the business and receiving permission from Council, people living
with you or separate entities, if a duplex and a second zoning application requirement,
difference of bed & breakfast and short term rental, website advertising, feels
application does not fit.
Liz Kirk provided comments regarding advertising on various websites and the legality
of the application.
Page 3 of 16
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
Eva Pellatt provided comments regarding what it means to live beside a bed and
breakfast and not in the building.
Christina Pontet provided comments regarding the number of people attending a bed
and breakfast, use of kitchen, opposition to a large number of people, not opposed to a
bed and breakfast but not outside of building.
Tim Crooks provided comments in favour of the application, provided historical
information, favourable location of area and economic benefits of application comments.
Staff confirmed that no additional public registrations were received.
Staff confirmed that no additional correspondence from the public were received during
this meeting.
There being no further comments or questions, the meeting adjourned.
b) Notice of Receipt of a Complete Application; Notice of Particulars and Public
Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of
the Township of Oro-Medonte, Concession 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].
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 Grant Bennett and Wendy Hatch.
The following correspondence was received: Township of Oro-Medonte, Operations
Division dated May 15, 2023; Hiawatha First Nation dated May 12, 2023; Township of
Oro-Medonte, Manager, Development Engineering dated May 12, 2023; Township of
Oro-Medonte, Building Division dated May 25, 2023; Enbridge Gas dated May 30, 2023;
County of Simcoe, Transportation and Engineering Department dated June 5, 2023;
Nottawasaga Valley Conservation Authority dated June 6, 2023.
Danielle Waters, Planner, explained the purpose and effect of the proposed application.
A PowerPoint presentation was presented.
Wendy Hatch, applicant, was present.
Staff confirmed that no additional public registrations were received and no verbal
comments were received from the public.
Staff confirmed that no additional correspondence from the public were received during
this meeting.
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4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
There being no further comments or questions, the meeting adjourned.
c) 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 Boulevard, 2023-ZBA-10 (Dykstra)
and Consent Applications 2023-B-09 and 2023-13-11
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 Eric Dykstra.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated May 24, 2023; Township of Oro-Medonte, Manager, Development
Engineering dated May 12, 2023; Township of Oro-Medonte, Operations Division dated
May 15, 2023; Enbridge Gas dated June 2, 2023.
Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the
proposed application. A PowerPoint presentation was presented.
Miriam Vasni, agent on behalf of the applicant, was present. A PowerPoint presentation
was presented. Eric Dykstra, applicant, was present.
The following public comments were provided.
Terry Gavine provided comments in favour of rezoning, not in favour of the size of the
lots and size of the dwellings at the intersection, history of the business in the building,
and preference of large lots as in the neighbourhood.
Staff confirmed that no additional correspondence from the public were received during
this meeting.
There being no further comments or questions, the meeting adjourned.
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
6. Public Hearings:
a) DS2023-049, Danielle Waters, Planner re: Minor Variance Application 2023-A-19,
Christopher Frank, 67 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 Christopher Frank.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated May 24, 2023; Enbridge Gas dated June 2, 2023.
Danielle Waters, Planner, explained the purpose and effect of the proposed application.
A PowerPoint presentation was presented.
Christopher Frank, applicant, was present
Staff confirmed that no additional public registrations were received and no verbal
comments were received from the public. IW- N016,
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. DSC230607-3
Moved by Hutcheson, Seconded by Clark
It is recommended
1. That DS2023-049, Danielle Waters, Planner re: Minor Variance Application 2023-A-
19, Christopher Frank, 67 Lakeshore Road East 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
DS2023-049.
3. That the applicant be advised of the Development Services Committee's decision
under the Secretary-Treasurer's signature.
Carried.
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
b) 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.
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 Huntlee Holdings Inc.
The following correspondence was received: Township of Oro-Medonte, Manager,
Development Engineering dated May 12, 2023; Ministry of Transportation dated May
12, 2023; Township of Oro-Medonte, Operations Division dated May 15, 2023;
Township of Oro-Medonte, Building Division dated June 1, 2023; Lake Simcoe Region
Conservation Authority dated June 2, 2023 County of Simcoe, Planning Department
dated June 6, 2023.
Danielle Waters, Planner, explained the purpose and effect of the proposed application.
A PowerPoint presentation was presented.
Jamie Robinson, MHBC Planning, agent on behalf of the applicant, was present.
Staff confirmed that no additional public registrations were received and no verbal
comments were received from the public. -1%6"
4b1h,
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. DSC230607-4
,4"%
Moved by Young, Seconded by Greenlaw
It is recommended 1% 1%
1. That 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 be
received and adopted.
2. That Consent Application 2023-B-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 DS2023-050.
3. 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
DS2023-050.
4. That the applicant be advised of Development Services Committee's decision under
the Secretary Treasurer's signature.
Carried.
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4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
c) DS2023-042, Catherine McCarroll, Intermediate Planner re: Minor Variance
Application 2023-A-21 , Terry and Thomas Crosbie, 4275 Line 10 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 Terry and Thomas Crosbie.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated May 24, 2023.
Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the
proposed application. A PowerPoint presentation was presented.
Tom Crosbie, applicant, was present.
Staff confirmed that no additional public registrations were received and no verbal
comments were received from the public.
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. DSC230607-r
Moved by Clark, Seconded by Hutcheson`
It is recommended -
1. That DS2023-042, Catherine McCarroll, Intermediate Planner re: Minor Variance
Application 2023-A-21 , Terry and Thomas Crosbie, 4275 Line 10 North 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 DS2023-042.
3. That the applicants be advised of the Development Services Committee's decision
under the Secretary-Treasurer's signature.
Carried.
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
d) 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.
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, Building
Division dated May 24, 2023; Hiawatha First Nation dated May 16, 2023.
Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the
proposed application. A PowerPoint presentation was presented.
George Hawrysch, applicant, was present. ~.
'X
Staff confirmed that no additional public registrations were received and no verbal
comments were received from the public.
NEL ANEW
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. DSC230607-6
4% "4% —
Moved by Bard, Seconded by Clark
It is recommended
1. That 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 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 DS2023-043.
3. That the applicant be advised of Development Services Committee's decision
under the Secretary Treasurer's signature.
Carried.
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
e) DS2023-045, Andy Karaiskakis, Senior Planner re: Minor Variance Application
2023-A-23, Monica and Ray Schiele, 129 Parkside 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 Monica and Ray Schiele.
The following correspondence was received: Township of Oro-Medonte, Operations
Division dated May 15, 2023; Township of Oro-Medonte, Manager, Development
Engineering dated May 12, 2023; Hiawatha First Nation dated May 15, 2023; Hydro
One dated June 6, 2023; township of Oro-Medonte, Operations Division dated June 6,
2023.
Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed
application. A PowerPoint presentation was presented.
Gerald Bryans, applicant, was present. Monica Schiele, property owner, was present.
The following provided comments:
Heidi Bryans provided comments regarding Lake Simcoe Region Conservation
Authority's setbacks vs. the Township of Oro-Medonte's setbacks, the process and
authority and alignment with the Lake Simcoe Region Conservation Authority.
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. DSC230607-7
Moved by Greenlaw, Seconded by Bard
It is recommended
1. That DS2023-45, Andy Karaiskakis, Senior Planner re: Minor Variance Application
2023-A-23, Monica and Ray Schiele, 129 Parkside Drive 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 DS2023-045.
3. That the applicants be advised of the Development Services Committee's decision
under the Secretary-Treasurer's signature.
Carried.
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
f) DS2023-051, Danielle Waters, Planner re: Minor Variance Application 2023-A-24,
Steve Moffat, 1931 Ridge 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 Steve Moffat.
The following correspondence was received: Hiawatha First Nation dated May 16,
2023; Township of Oro-Medonte, Building Division dated May 24, 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 and no verbal
comments were received from the public.
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. DSC230607-r
Moved by Hutcheson, Seconded by Young
It is recommendedlqmLldmmmmmbk.� i!l
--
1. That DS2023-051, Danielle Waters, Planner re: Minor Variance Application 2023-A-
24, Steve Moffat, 1931 Ridge Road West be received and adopted.
2. That Minor Variance Application 2023-A-24 by Steve Moffat, specifically for the
purposes of a detached accessory building with a 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 — 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 of Oro-Medonte,
be approved subject to the conditions as outlined in DS2023-051 .
3. That the applicant be advised of the Development Services Committee's decision
under the Secretary-Treasurer's signature.
Carried.
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Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
g) DS2023-046, Andy Karaiskakis, Senior Planner re: Consent Application 2023-B-07
by Trevor, Jennifer & Kevin Moore, 625 Line 12 North.
Deputy Mayor Lavoie called the hearing to order and explained the public hearing is
being held in accordance with the provisions of the Planning Act to obtain public
comments with respect to the proposed application by Trevor, Jennifer & Kevin Moore.
The following correspondence was received: Township of Oro-Medonte, Building
Division dated May 24, 2023; Thomas and Theresa Molley dated May 26, 2023; Lake
Simcoe Region Conservation Authority dated June 2, 2023; Hydro One Networks Inc.
dated June 6, 2023; Township of Oro-Medonte, Operations Division dated June 6,
2023; County of Simcoe, Planning Department dated June 7, 2023; Enbridge Gas dated
June 7, 2023.
Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed
application. A PowerPoint presentation was presented.
Joshua Morgan, Morgan Planning & Development, agent on behalf of the applicant, was
present.
Staff confirmed that no additional public registrations were received and no verbal
comments were received from the public.
luk
Staff confirmed that no additional correspondence from the public were received during
this hearing. ANNEEF
There being no further comments or questions, the hearing adjourned.
Motion No. DSC230607-9
40, %,
Moved by Clark, Seconded by Bard
Im 41h,
It is recommended
1. That DS2023-046, Andy Karaiskakis, Senior Planner re: Consent Application 2023-
B-07 by Trevor, Jennifer & Kevin Moore, 625 Line 12 North be received.
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 DS2023-046, as amended, to add as Condition d) as
follows and renumbered accordingly:
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:
i. A 3.0 metre wide road widening along the entire frontage of the severed and
retained lands adjacent to 15/16 Side Road;
Page 12 of 16
Page 15 of 209
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
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 his/her opinion letter stating that upon registration of the
Transfers, 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 Transfers and
Application under The Land Titles Act, R.S.O. 1990, as amended, to
consolidate the transferred 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 disbursements, agreements, HST,
etc. shall be fully borne by the Applicant.
3. That the applicants be advised of the Committee's decision under the Secretary-
Treasurer's signature.
Carried.
7. Reports of Municipal Officers;.
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].
Motion No. DSC230607-10 1%
Moved by Bard, Seconded by Young
It is recommended 4Vhbb., :
1. That 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 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 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
be brought forward for Council's consideration.
4. That the applicants be advised of Committee's decision under the Director,
Development Services' signature.
Carried.
Page 13 of 16
Page 16 of 209
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
c) DS2023-053, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2023-A-
12, Ryan Wood, 2355 Lakeshore Road East.
The Committee consented to allow the applicant to provide additional information.
Motion No. DSC230607-11
Moved by Clark, Seconded by Hutcheson
It is recommended
1. That DS2023-053, Andy Karaiskakis, Senior Planner re: Minor Variance Application
2023-A-12, Ryan Wood, 2355 Lakeshore Road East 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 DS2023-053.
3. That the applicant be advised of the Development Services Committee's decision
under the Secretary-Treasurer's signature.
Carried.
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].
Motion No. DSC230607-12
Moved by Young, Seconded by Greenlaw'
1100111 **%
It is recommended
1. That DS2023-047, Catherine McCarroll, Intermediate Planner re: Zoning By-law
Amendment Application 2022-ZBA-14, Clayton Cadiou, 45 Ward Avenue 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.
4. That the applicant be advised of the decision under the Director, Development
Services' signature.
Carried.
Page 14 of 16
Page 17 of 209
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
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].
Motion No. DSC230607-13
Moved by Hutcheson, Seconded by Schell
It is recommended
1 . That DS2023-052, Danielle Waters, Planner re: Request for Temporary Trailer at
215 Scarlett Line by Justin and Connor Maas 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.
*#< Carried.
d) DS2023-054, Michael Barton, Township Planning Consultant re: Minor Variance
Application 2021-A-69, Ron & Cheryl Bowler, 151 Line 5 North.
Motion No. DSC230607-14
Moved by Greenlaw, Seconded by Schell
It is recommended
1 . That DS2023-054, Michael Barton, Township Planning Consultant re: Minor
Variance Application 2021-A-69, Ron & Cheryl Bowler, 151 Line 5 North 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
DS2023-054.
3. And that the applicants be advised of the Development Services Committee's
decision under the Secretary-Treasurer's signature.
Carried.
8. Next Meeting Date:
Wednesday, July 5, 2023.
Page 15 of 16
Page 18 of 209
4.a) Minutes of Development Services Committee meeting held on Wednesday...
Development Services Committee Meeting Minutes — Wednesday, June 7, 2023.
9. Adjournment:
a) Motion to Adjourn.
Motion No. DSC230607-15
Moved by Schell, Seconded by Clark
It is recommended that we do now adjourn at 8.54 p.m.
Carried.
Chair, Deputy Mayor, Peter Lavoie Director, Development Services,
Derek Witlib
Page 16 of 16
Page 19 of 209
5.a) 5.30 p.m. Notice of Receipt of Complete Application; Notice of Part...
Notice of Receipt of Complete Application
rQa�r�,rI Notice of Particulars and Public Access
#' Notice of Public Meeting for a
Proposed Amendment to the Zoning By-law
of the Township of Oro-Medonte
Application: 2023-ZBA-09 (Wes Reynolds)
Take notice that the Township of Oro-Medonte deemed the following application to be "Complete
Application" pursuant to the Planning Acton the 4t" 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 July 5, 2023 at 5:30 PM. The purpose of the Public
Meeting is to obtain public comments on a proposed Amendment to the Zoning By-law.
The subject lands are described as 72 Line 9 North, Part of Lot 20, Concession 8 (Oro),
Township of Oro-Medonte, County of Simcoe. A key map illustrating the location of the subject
lands is included with this notice.
The purpose of the Application for Zoning By-Law Amendment is to consider a proposal to
amend Zoning By-law No. 97-95, as amended, by rezoning a portion of the subject lands from
the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural (A/RU - XXX) Exception Zone to
permit an on-farm diversified use to occupy a 1 .3 hectare (3.2 acre) portion of the subject land,
including an existing 900 square metre (9,688 square feet) detached building. Approximately
half (50%) of the existing building is used for storage of equipment associated with a Christmas
tree farm on the lands. The balance of this structure (approximately 50%) is proposed as a
separate unit for a use such as: a storage warehouse, an on-line business, small assembly,
dock sales, an electrician or plumber's office. The proposed Zoning By-law Amendment would
provide that notwithstanding Table B4 of the Zoning By-law, site-specific performance standards
will be established to permit the proposed uses.
Written submissions should be directed to:
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario LOL 2E0
Attn: Director, Development Services
plan ninq(a)oro-medonte.ca
Dated at the Township of Oro-Medonte this 13t" day of June, 2023.
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6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
Townshi�a���'�LLC?,f?,�F,P�
Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Catherine McCarroll, Intermediate Planner
Meeting Date: July 5, 2023
Report No: DS2023-059
Subject: Minor Variance Application 2023-A-25, Tamara Scearce, 8 Fairway Court
Type: Requires Action _X_ or For Information Only
Motion No.
Recommendation
It is recommended:
1. That Report No. DS2023-059 be received and adopted.
2. That Minor Variance Application 2023-A-25 by Tamara Scearce specifically for
permission to build a detached accessory building (carport and shed) in the front
yard with a setback of 11 .5 metres (37.7 feet) from the front lot line on lands
municipally known as 8 Fairway Court, Township of Oro-Medonte, be approved
subject to the conditions as outlined in Report DS2023-059.
3. The conditions are as follows:
a) That notwithstanding Section 5.1 .3 (a), 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 proposed detached accessory building shall not be used for
human habitation, commercial purposes or for a home industry;
d) That an Ontario Land Surveyor (OLS), Professional Engineer (P. Eng.) or
Certified Engineering Technologist (C.E.T.) verify by pinning the
foundation wall and verifying in writing by way of survey/real property
report, prior to the pouring of the footing and if no footing, the foundation,
Development Services July 5, 2023
Report No. DS2023-059 Page 1 of 11
Page 37 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
that the detached accessory building is located no closer than 11 .5 metres
from the front lot line; and,
e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and
Building Permit be obtained from the Township only after the Committee's
decision becomes final and binding, as provided for within the Planning
Act R.S.O. 1990, c.P. 13.
4. And that the applicant be advised of the Development Services Committee's
decision under the Secretary-Treasurer's signature.
Background
The subject property has a lot area of 0.21 hectares (0.52 acres) and currently contains
a single detached dwelling and a 8.9 square metres (96.0 square feet) shed. The
location map is included as Schedule 1 to this report and an aerial photo is included as
Schedule 2.
The applicant is proposing to build a detached accessory building (carport and shed). The
applicant is seeking relief to the following section of Zoning By-law 97-95:
Section 5.1.3 a — Permitted locations for detached accessory buildings
Required. Proposed:
Not be located in the front yard. Located in the front yard with a setback of
11 .5 metres 37.7 feet from the front lot line.
The applicant's site plan, elevation drawings and floor plan are included as Schedules 3,
4 and 5 to this report.
Analysis
Provincial Policies
Provincial Policy Statement (PPS) 2020
The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial
interest related to land use planning and development. Section 1.1.3 — 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 located within
the Horseshoe Valley settlement area; 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)
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 are of the opinion that the
Page 38 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
proposed detached accessory building conforms to the policies in the Growth Plan as
the lands subject to this application are already within an established residential
settlement area.
County Official Plan
The property is designated Settlements in Simcoe County's Official Plan. The
Settlements designation is the focus of population growth and seeks to develop a
compact urban form that promotes the efficient use of land. In Planning Staff's opinion,
the proposed detached accessory building is consistent with the County's Official Plan
as it is accessory to the existing permitted residential use.
Planning Act, R.S.O. 1990, c. P.13
Section 3(5) of the Planning Act states that all decisions in respect of the exercise of
any authority that affects a planning matter shall be consistent with provincial policy
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 located in the Rural Settlement Area of Horseshoe Valley and are
designated Low Density Residential in accordance with Schedule D — Horseshoe Valley
of the Township's existing Official Plan and Schedule B2 — Land Use (Horseshoe Valley
Settlement Area) in the Township's Adopted Official Plan. Permitted uses within the
Low Density Residential designation include single detached dwellings and accessory
uses including detached accessory buildings. Therefore, the requested variance
pertaining to the construction of a detached accessory building (carport and shed),
accessory to the existing residential use, is considered to conform to the Township's
existing and adopted Official Plans.
Page 39 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
Does the variance conform to the general intent and purpose of the Zoning By-law?
The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-
95. According to the Township's Zoning By-law, an accessory building is permitted
pursuant to Section 5.1. The proposed carport/shed complies with the height, lot
coverage and floor area requirements, as well as the setbacks from the interior and rear
lot lines.
The applicant has requested relief from the Zoning By-law to permit the construction of
a detached accessory building in the front yard, with a setback of 11 .5 metres (37.7
feet) from the front lot line. The general intent of the Zoning By-law in prohibiting
detached accessory buildings, such as carports and sheds, in front yards is to ensure
the dwelling remains primary in both use and appearance on the lands, particularly
when viewed from the street, and to ensure that there is adequate space for parking in
the driveway. Based on the size of the accessory building and its design as a
carport/shed, the single detached dwelling will maintain its appearance as the primary
structure on the property. Furthermore, there is ample space for parking on the
driveway, in the attached garage and in the proposed carport.
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.
Is the variance 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 a corner lot with two frontages along Fairway Court. Due to the
configuration of the lot and the location of the septic system in front of the dwelling,
Planning Staff believe that the accessory building is proposed to be located in the most
suitable location on the lot, for two reasons: 1) a carport could not be accessed by
vehicle in the rear yard; and, 2) the proposed location is setback from the road. A
similar structure may not be supportable on every property within this neighbourhood
depending on size, location and screening from view.
Upon site visit, Planning Staff noted that the owner has already paved and is currently
parking cars in the location where the carport is proposed to be located, and there is an
existing shed to be removed/relocated, where they are proposing to build the new shed.
Prior to issuance of a Building Permit, the owner will be required to prepare an
Engineered Lot Grading (ELG) Plan, that is subject to municipal approval. The ELG
plan will ensure that water drainage resulting from the proposed building will be
mitigated on the subject lands and will not impact the neighbouring lots.
For these reasons, Planning Staff are of the opinion that the proposed variance is
considered desirable development of the lot.
Page 40 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
Is the variance minor?
The question of the minor nature of the variance relates to its scale and impact. In
Planning Staff's opinion, the requested Minor Variance is minor in nature as it is not
anticipated to have any adverse impacts on the neighbouring 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 of the lot, and is not anticipated to have an adverse effect on the character
of the surrounding area, the variance is considered to be minor.
Financial/Legal Implications/ Risk Management
Potential financial and legal implications should the decision of the Committee be
appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the
Committee's decision.
Policies/Legislation
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• County of Simcoe Official Plan
• Township of Oro-Medonte Official Plan
• Township of Oro-Medonte Adopted Official Plan
• Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals
In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The
application is consistent with the following Goal of the Plan:
Foster Safe and Inclusive Community Living & Business Growth:
Guide growth while protecting the environment, support community events, facilitate
utility and infrastructure plans.
Consultations
Notice of this application was circulated to the public and to various review agencies
and Township departments. A Public notice sign was also posted on the subject lands.
As of the preparation of this report, the following comments have been received:
• Township Development Engineering — No objection. An Engineered Lot Grading
Plan (ELG) shall be required at the time of Building Permit Application.
• Township Infrastructure and Capital Projects — No comments.
Page 41 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
• Hiawatha First Nation — No questions or concerns.
Attachments
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicant's Site Plan
Schedule 4: Elevation Drawings
Schedule 5: Floor Plan
Conclusion
Planning Staff recommends that Minor Variance Application 2023-A-25 be approved,
specifically to permit construction a detached accessory building in the front yard with a
setback of 11.5 metres (37.7 feet) from the front lot line on the basis that the application
meets the four tests of the Planning Act and conforms to or is consistent with applicable
Provincial, County and Township planning policies, and represents good planning.
Respectfully submitted,
Catherine McCarroll, RPP, Intermediate Planner, June 28, 2023.
Approvals: Date of Approval
Andy Karaiskakis, RPP, Senior Planner June 29, 2023
Derek Witlib, RPP, Director, Development Services June 30, 2023
Page 42 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
Schedule 1: Location Map
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Page 43 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
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Page 44 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re'...
Schedule 3: Applicant's Site Plan
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Page 45 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
Schedule 4: Elevation Drawings
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Page 46 of 209
6.a) 5.45 p.m. DS2023-059, Catherine McCarroll, Intermediate Planner re:...
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Page 47 of 209
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iding Section 5.1.3 (a), the proposed detached accessory building shall otherwise comply with all other
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ed detached accessory building shall not be used for human habitation, commercial purposes or for a (D
Land Surveyor(OLS), Professional Engineer (P. Eng.) or Certified Engineering Technologist (C.E.T.) n
3 the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of
if no footing, the foundation, that the detached accessory building is located no closer than 11.5 metres
t line; and, o
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6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
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Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Catherine McCarroll, Intermediate Planner
Meeting Date: July 5, 2023
Report No: DS2023-060
Subject: Minor Variance Application 2023-A-26, Kent Tresham, 13 Orser Drive
Type: Requires Action _X_ or For Information Only
Motion No.
Recommendation
It is recommended:
1 . That Report No. DS2023-060 be received and adopted.
2. That Minor Variance Application 2023-A-26 by Kent Tresham specifically for
permission to build an addition to the existing detached accessory building with
an increased height of 4.9 metres (16.1 feet), increased lot coverage of 7.3%,
increased floor area of 171 .1 square metres (1 ,841.5 square feet) and containing
an apartment dwelling unit with an increased floor area of 87.4 square metres
(941.07 square feet), on lands municipally known as 13 Orser Drive, Township of
Oro-Medonte, be approved subject to the conditions as outlined in Report
DS2023-060.
3. The conditions are as follows:
a) That notwithstanding Section 5.1.1, Section 5.1.4, Section 5.1.5, Section
5.1.6, Section 5.4 and Section 5.4 (c), the detached accessory building
and accessory dwelling unit shall otherwise comply with all other
applicable provisions of the Zoning By-law-,
b) That the detached accessory building and apartment dwelling unit be
substantially and proportionally in conformity with the dimensions as set
out on the application and sketches submitted and approved by the
Committee-,
c) That the detached accessory building shall not be used for commercial
purposes or for a home industry-,
Development Services July 5, 2023
Report No. DS2023-060 Page 1 of 18
Page 62 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
d) That the applicants maintain the existing vegetative buffer along the east
interior side and rear property lines, or replace with a similar vegetative
buffer; and,
e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and
Building Permit be obtained from the Township only after the Committee's
decision becomes final and binding, as provided for within the Planning
Act R.S.O. 1990, c.P. 13.
4. And that the applicant be advised of the Development Services Committee's
decision under the Secretary-Treasurer's signature.
Background
The subject property has a lot area of 0.14 hectares (0.34 acres) and contains a single
detached dwelling and detached accessory building. The location map is included as
Schedule 1 to this report and an aerial photo is included as Schedule 2.
The applicant is proposing to build an addition to the existing detached accessory building
with an accessory dwelling unit. The applicant is seeking relief to the following sections
of Zoning By-law 97-95:
Section 5.1.1 — Uses Permitted in Detached Accessory Buildings
Required. Proposed:
Not to be used for human habitation. Proposed to contain an apartment dwelling
unit.
Section 5.1.4 — Maximum Height
Required. Proposed:
4.5 metres 14.7 feet T4.9 metres 16.1 feet
Section 5.1.5 — Maximum Lot Coverage
Required. Proposed:
5% 7.3%
Section 5.1 .6 — Maximum Floor Area
Required. Proposed:
70.0 square metres 753.5 square feet T1 71 .1 square metres 1 ,841 .5 square feet
Section 5.4 —Apartment Dwelling Units Accessory to a Single Detached Dwelling
Required. Proposed:
Permitted in a single detached dwelling. Proposed to be located in a detached
accessory building.
Section 5.4 c - Maximum Floor Area of the Apartment Dwelling Unit
Required. Proposed:
70.0 square metres 753.5 square feet 87.4 s uare metres 941.07 s uare feet
Page 63 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
The applicant's 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. Section 1.1 contains policies for
managing and directing land use to achieve efficient and resilient development and land
use patterns. Specifically, Section 1 .1.1 states that "Healthy, liveable and safe
communities are sustained by: ... (b) accommodating an appropriate affordable and
market-based range and mix of residential types (including single-detached, additional
residential units, multi-unit housing, affordable housing and housing for older persons),
employment (including industrial and commercial), institutional (including places of
worship, cemeteries and long-term care homes), recreation, park and open space, and
other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4
Housing that speaks to providing a mix of housing options and densities by permitting
and facilitating all types of residential intensification, including additional residential units
and redevelopment. The apartment dwelling unit adds to the range of housing options
in the area.
Section 1 .1.3 — Settlement Areas and Section 1.1.4 — Rural Areas are applicable to this
application. The PPS states that settlement areas shall be the focus of growth and
development and shall be based on densities and a mix of land uses, for the purposes
of achieving the efficient use of land and infrastructure. Planning Staff is of the opinion
that this application is consistent with the policies of the Provincial Policy Statement as
the applicant is proposing to build an accessory apartment dwelling in a detached
accessory building within an established rural settlement area (Prices Corner).
Based on the above, Planning Staff is of the opinion that this application is consistent
with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)
The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to
manage growth and protect the natural environment. Section 2.2 contains policies for
where and how to grow. Specifically, Section 2.2.1 .4 (c) states that applying the
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.
Page 64 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Section 2.2.9 Rural Areas is also applicable to this application. This section states that
new multiple lots or units for residential development will be directed to settlement areas
but may be allowed on rural land in site-specific locations with approved zoning or
designation in an official plan. This section has been reviewed and Planning Staff is of
the opinion that the minor variance application is consistent with the Rural Areas
policies in the Growth Plan as the lands subject to this application are already within an
established rural settlement area (Prices Corner) and the apartment will be compatible
with the surrounding land uses.
County Official Plan
The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land
Use Designations) in the Simcoe County Official Plan. The objectives of the
Settlements designation is:
• "To focus population and employment growth and development within
settlements, with particular emphasis on primary settlement areas, in accordance
with the policies of this Plan;
• To develop a compact urban form that promotes the efficient use of land and
provision of water, sewer, transportation, and other services;
• To develop mixed use settlements as strong and vibrant central places and to
create healthy settlements and communities that are sustainable; and,
• To promote development forms and patterns which minimize land consumption
and servicing costs". (p. 26)
The Settlements designation permits residential uses. In Planning Staff's opinion, the
proposed apartment dwelling unit is consistent with the County's Official Plan as it
promotes a more compact form of development which aligns with the Settlements
designation's key objectives.
Section 4.1 - Healthy Communities and Housing Development discusses making
available sufficient quantity of housing and an appropriate range of housing types and
densities. In Planning Staff's opinion, the applicant's minor variance application
conforms to the County's Official Plan as the apartment dwelling unit helps contribute
towards a diverse housing stock and increased affordability in the area.
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,
Page 65 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
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)".
The subject lands are located in a rural settlement area and are serviced by a private
well and private sewage system. The applicant will be required to obtain a Septic
Permit for a new septic system or a Sewage System Verification to confirm that the
existing septic system is able to accommodate the additional dwelling unit. The
property has a long driveway that can accommodate parking for both the main dwelling
and apartment dwelling unit.
Section 3(5) of the Planning Act states that all decisions in respect of the exercise of
any authority that affects a planning matter shall be consistent with provincial policy
statements and shall conform with or shall not conflict with the provincial plans that are
in effect on the date of the decision.
Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which
requires consideration of: (1) whether the variance is minor; (2) whether the variance is
desirable for the appropriate development or use of the land, building or structure; (3)
whether the general purpose and intent of the zoning by-law is maintained; and (4)
whether the general purpose and intent of the Official Plan is maintained. A variance
must meet all four of these tests. Planning Staff has reviewed this application against
these four tests as follows:
Page 66 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Do the variances conform to the general intent and purpose of the Official Plan?
The Township's updated Official Plan was adopted by Council on October 5, 2022 and
is awaiting final approval from the County of Simcoe. In this regard, the existing Official
Plan (1997) continues to be in effect and serves as the determinative policy regime for
reviewing and evaluating the applicant's development proposal. The existing OP will be
repealed once the updated OP is approved by the County. As a result, this report
contains an overview of both the existing and updated Township Official Plans with
respect to the proposed development on the subject lands.
The subject lands are designated Rural Settlement Area in "Schedule A — Land Use" of
the Township's existing Official Plan (1997). The intent of the Rural Settlement Area
Designation is:
• To maintain and create attractive communities with suitable amenities; and,
• To ensure that settlement areas are developed in a logical and cost-effective
manner.
Permitted uses in the Rural Settlement Area Designation include low density residential
uses.
Section A4.2.8 of the Township's existing Official Plan states that "no additional
development will occur, other than on existing lots of record, in Forest Home and Prices
Corner. These rural settlement areas are located in close proximity to the City of Orillia
urban area. Development in these areas would conflict with the intent of this Plan to
protect the rural character of the Township and to ensure that the expansion of the
Orillia urban service area in the future is cost-effective and efficient" (p. 23). In Planning
Staff's opinion, the intent of these policies was not to limit apartment dwelling units on
existing lots of record but rather to limit further severances.
In the Township's updated Official Plan (adopted 2022), the subject lands are
designated Rural Settlements. The objectives of the Rural Settlements designation are:
• These communities are generally characterized by low density residential areas
and a range of service uses and facilities for the residents of the Rural
Settlements and the surrounding rural areas;
• Rural Settlements shall accommodate limited growth due to servicing constraints;
• The Rural Settlements designation recognizes unserviced, partially serviced or
limited services for residential development in these communities, as well as
limited new residential development on private or partial services where
appropriate; and,
• Commercial uses sufficient to support the convenience and day-to-day needs of
the Rural Settlements and the surrounding rural areas shall be encouraged.
Permitted uses in the Rural Settlements designation include single detached dwellings
and additional residential units (subject to the policies of Section 4.9).
Page 67 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Section 4.9 contains detailed policies with respect to additional dwelling units. These
policies are listed below and Planning Staff have included an analysis of the applicant's
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
an accessory building.
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. There is currently one residential unit within the
existing single detached dwelling on the lands and the additional residential
unit is proposed to be located in the detached accessory building.
4. Where an Additional Residential Unit is permitted, a maximum of one
Additional Residential Unit is permitted within an accessory building or
structure of a single detached, semi-detached dwelling or rowhouse dwelling.
Staff comment: Conforms. The additional residential unit is proposed to be
located in a detached accessory building, which is accessory to the single
detached dwelling.
5. For further clarity, the intent of this policy is to permit up to a total of three
residential units, which includes the primary dwelling, on eligible properties
and in accordance with the relevant zoning provisions.
Staff comment: Conforms. The proposed variance would result in two
residential units on the lands, and the applicant is seeking Minor Variance
relief from current zoning provisions.
6. Additional Residential Units are not permitted within hazardous lands as
defined and regulated by the local Conservation Authority either within the
basement of a primary residence or within an accessory building or structure.
Page 68 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Staff comment: Conforms. The subject lands are not regulated by a
Conservation Authority and do not contain any hazardous lands.
7. Additional Residential Units will be regulated by the provisions of the
implementing Zoning By-law in accordance with the following provisions:
a) The Additional Residential Unit shall clearly be ancillary to the principal
residence and specific limits as the maximum floor area permitted or size
relative to the primary residence will be established in the Zoning By-law;
Staff comment: The apartment is smaller in size than the main dwelling.
Based on its location at the rear of the property, the main dwelling will
maintain its appearance as the principal residence. The applicant has
requested an increase in floor area for the apartment dwelling unit and the
detailed analysis of the minor variance can be found later in this report.
b) The Additional Residential Unit shall be integrated into its surroundings with
negligible visual impact to the streetscape;
Staff comment: Conforms. The additional dwelling unit will be located in the
accessory building behind the dwelling; therefore, reducing its impact from
the road.
c) The Additional Residential Unit shall be compatible in design and scale with
the built form of the primary dwelling;
Staff comment: Conforms. The apartment dwelling unit will be compatible
with the surrounding neighbourhood.
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 comply with the minimum lot frontage of
30.0 metres (98.4 feet) and front directly on Orser Drive, which is owned and
maintained by the Township.
e) Other siting requirements related to matters such as servicing, parking and
access requirements and stormwater management shall be established in
the Zoning By-law.
Staff comment: Conforms to current Zoning By-law provisions. There is a
long driveway with ample space for parking and the apartment has its own
means of egress.
Page 69 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
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 private well and
private septic system. The owner will be required to obtain a Septic Permit or
Sewage System Verification to ensure that there is capacity for the two
dwelling units.
11 . Generally, Additional Residential Units will only be permitted as-of-right by
the Zoning By-law on lots that comply with the minimum lot area and
minimum lot frontage requirements of the Zoning By-law.
Staff comment: The subject lands comply with the minimum lot frontage of
30.0 metres (98.4 feet) in the Residential One (R1) Zone; however, it does
not comply with the minimum lot area of 0.2 hectares (0.49 acres) as the lot
has a size of 0.14 hectares (0.34 acres) according to MPAC records. The
subject lands were created as part of a plan of subdivision and all the lots
within the subdivision are non-complying.
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.
13. Garden suites are temporary dwellings and are not considered Additional
Residential Units under this Plan.
Page 70 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Staff comment: Conforms. The applicant is proposing a permanent
additional dwelling unit, not a temporary garden suite.
14. As a condition of approval, the Township may require that the Additional
Residential Unit be registered in accordance with the provisions of the
Municipal Act.
Staff comment: Not applicable. The Township does not currently register
additional residential units.
Planning Staff are of the opinion that the proposed variances to accommodate an
additional residential unit on the lands would conform to the Township's adopted (not yet in
effect) Official Plan.
Do the variances conform to the general intent and purpose of the Zoning By-law?
The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-
95. According to the Township's Zoning By-law, a detached accessory building is
permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning
By-law to permit the construction of an addition to the existing detached accessory
building with an increased floor area, increased lot coverage and increased height.
Detached accessory buildings are subject to maximum size restrictions (maximum height,
maximum floor area and maximum lot coverage) to ensure that such structures remain
secondary and subordinate, in both their appearance and use, to the main residential use
of the lot; and to prevent over-development that would detract from the character of the
area. A detached accessory building in the Residential One zone is permitted to have a
maximum floor area of 70.0 square metres (753.5 square feet). The existing detached
accessory building has a floor area of 62.5 square metres (673.0 square feet). The
applicants are proposing to build an addition to the existing garage for a total floor area of
171 .1 square metres (1,841 .5 square feet). The main level is proposed to include the
garage and the entrance to the apartment dwelling unit and the second level is proposed
to be used as an apartment. The proposed detached accessory building is smaller than
the existing single detached dwelling which has a gross floor area of approximately
196.98 square metres (2,120.3 square feet) according to the applicant's site plan.
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 4.9 metres (16.1 feet).
In Planning Staff's opinion, the proposed increase in height of 0.4 metres (1.3 feet) is
minimal. The applicant has also requested to increase the maximum lot coverage from
5% to 7.3% to accommodate the proposed accessory building addition. In Planning
Staff's opinion, the accessory building's smaller size and its location behind the dwelling,
will help ensure that the accessory building will remain secondary and subordinate to the
primary residential use.
Page 71 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
According to the Township's Zoning By-law, an apartment dwelling unit is permitted in a
single detached dwelling in the Residential One Zone pursuant to Section 5.4. The
owner has requested relief from the Zoning By-law to permit the apartment dwelling unit
in the detached accessory building. Considering the changes that have been made to
the Planning Act to permit second units in dwellings and in accessory buildings, as well
as considering the overall promotion of a range of housing types and affordability found
in Provincial policies, the legislative and policy basis for establishing a second unit in an
accessory building is well established. Therefore, the focus of Planning Staff's
consideration of this application is whether the applicant's proposal is appropriate in this
site-specific context and in advance of the Township's updated Official Plan coming into
effect.
In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a
maximum floor area of 70.0 square metres (753.5 square feet). The intent of this
provision is to ensure that the apartment is secondary to the main dwelling unit and to
protect buildings and structures from being constructed too large that would affect the
character of the surrounding neighbourhood. The apartment dwelling unit at 87.4
square metres (941.07 square feet) will remain smaller than the primary dwelling unit at
196.98 square metres (2,120.3 square feet). The apartment's smaller size and its
location at the rear of the lot will help ensure that it will remain secondary to the primary
residential use when viewed from the road.
Based on the above, Planning Staff is satisfied that the variances conform to the general
purpose and intent of the Zoning By-law.
Are the variances desirable for the appropriate development of the lot?
Planning Staff considered the proposed application within the context of the surrounding
properties and the established character and built form of the neighbourhood. Upon site
visit, Planning Staff noted that the existing detached accessory building does not stand
out as it is located behind the single detached dwelling. Furthermore, the property
contains a long driveway to the rear yard with ample space for parking for both dwelling
units.
There is existing vegetation along the east interior side lot line and the rear lot line
which will help screen the accessory building from two of the neighbouring properties.
Planning Staff recommend that as a condition of the minor variance, the applicant
maintains and preserves the existing vegetative buffer along those lot lines or replaces
them with a similar vegetative buffer if destroyed during construction, to ensure that the
accessory building remains screened from view from the neighbouring properties.
Due to the location of the accessory building and existing vegetative buffer, Planning
Staff believe that the accessory building addition with the apartment dwelling unit 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.
Page 72 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Prior to issuance of a Building Permit, the owner will be required to prepare an
Engineered Lot Grading (ELG) Plan, that is subject to municipal approval. The ELG
plan will ensure that water drainage resulting from the proposed building will be
mitigated on the subject lands and will not impact the neighbouring lots.
Based on the above, Planning Staff is satisfied that the proposed development would be
considered desirable for the appropriate development of the lot.
Are the variances minor?
The question of the minor nature of the variances relates to their scale and impact. In
Planning Staff's opinion, the requested Minor Variances are minor in nature as the
accessory building and apartment dwelling unit are secondary and subordinate to the
primary residential use on the lot and are not anticipated to have any adverse impacts
on the neighbouring properties.
As the proposed variances are considered to conform to the general intent of the Official
Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable
development of the lot, and are not anticipated to have an adverse effect on the
character of the surrounding area, the variances are considered to be minor.
Financial/Legal Implications/ Risk Management
Potential financial and legal implications should the decision of the Committee be
appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the
Committee's decision.
Policies/Legislation
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• County of Simcoe Official Plan
• Township of Oro-Medonte Official Plan
• Township of Oro-Medonte Adopted Official Plan
• Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals
In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The
application is consistent with the following Goal of the Plan:
Foster Safe and Inclusive Community Living & Business Growth:
Guide growth while protecting the environment, support community events, facilitate
utility and infrastructure plans.
Page 73 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Consultations
Notice of this application was circulated to the public and to various review agencies
and Township departments. A Public notice sign was also posted on the subject lands.
As of the preparation of this report, the following comments have been received:
• Township Development Engineering — No objection. An Engineered Lot Grading
Plan (ELG) shall be required at the time of Building Permit Application.
• Township Infrastructure and Capital Projects — No comments.
Attachments
Schedule 1 : Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicant's Site Plan
Schedule 4: Elevation Drawings
Schedule 5: Floor Plans
Conclusion
Planning Staff recommends that Minor Variance Application 2023-A-26 be approved,
specifically to build an addition to the existing detached accessory building with an
increased height of 4.9 metres (16.1 feet), increased lot coverage of 7.3%, increased
floor area of 171.1 square metres (1,841 .5 square feet) and containing an apartment
dwelling unit with an increased floor area of 87.4 square metres (941 .07 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, June 28, 2023
Approvals: Date of Approval
Andy Karaiskakis, RPP, Senior Planner June 29, 2023
Derek Witlib, RPP, Director, Development Services June 30, 2023
Page 74 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Schedule 1: Location Map
bi
7 9148
17 19 21 23
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11 Hawley Rd.
14 5 to 6
13 a
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16 3 7 4
16 14 12 1 4
18
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20
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22
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8980
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File Number:2023-A-26 Nv I i i I I
Page 75 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Schedule 2: Aerial Photo
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Page 76 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re'...
Schedule 3: Applicant's Site Plan
GONTACT
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File Number,2023-A-26
Page 77 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Schedule 4: Elevation Drawings
Et EXTERIOR ELEVATON:FROM` E2 EXTERIOR ELEVATION
SCALE:T18"=T-0" A-1A, SCALE:1i8"=1'-p"
•,
E3 EXTERIOR ELEVATION:REAR F4 EXTERIOR ELEVATION
A-1.q. SCALE:1A5'=T-0" A . SCALE:IV9"=1' q"
Elevation Drawings 0T
Fraud Heritage,Exciting Future
File Number,2023-A-26
Page 78 of 209
6.b) 5.55 p.m. DS2023-060, Catherine McCarroll, Intermediate Planner re:...
Schedule 5: Floor Plans
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File Number,2022-A-26
Page 79 of 209
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OLEGAL DESCRIPTION. PLAN 1501 LOT 16
MUNICIPAL ADDRESS. 13 ORSER DRIVE
HEARING DATE: JULV 05,2023
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23-060 be received and adopted. 0
W
,pplication 2023-A-26 by Kent Tresham specifically for permission to build an addition to the existing N
uilding with an increased height of 4.9 metres (16.1 feet), increased lot coverage of 7.3%, increased floor N
netres (1,841.5 square feet) and containing an apartment dwelling unit with an increased floor area of 87.4 W
' square feet), on lands municipally known as 13 Orser Drive, Township of Oro-Medonte, be approved 6
is as outlined in Report DS2023-060. o
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follows:
nding Section 5.1.1, Section 5.1.4, Section 5.1.5, Section 5.1.6, Section 5.4 and Section 5.4 (c), the m
>sory building and accessory dwelling unit shall otherwise comply with all other applicable provisions of the
(D
ied accessory building and apartment dwelling unit be substantially and proportionally in conformity with the
set out on the application and sketches submitted and approved by the Committee; n
ied accessory building shall not be used for commercial purposes or for a home industry;
ants maintain the existing vegetative buffer along the east interior side and rear property lines, or replace
sgetative buffer; and, o
)riate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township
ommittee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P.
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be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature.
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SITE PLAN AND ZONING ANALYSIS LTD
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Dated Jan 13,1967
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Meets the intent of the Zoning Bylaw and Official Plan
Fits the characteristics of the neighbourhood
Variances are minor in nature
v
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6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re: Minor Va...
Townshi� f��'�LLC?,f?,�F,P�
Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Andy Karaiskakis, Senior Planner
Meeting Date: July 5, 2023
Report No: DS2023-061
Subject: Minor Variance Application 2023-A-21, Peter & Cheryl Pashkevitch, 475
Line 15 South
Type: Requires Action x or For Information Only
Motion No.
Recommendation
1 . That Report No. DS2023-061 be received and adopted.
2. That Minor Variance Application 2023-A-27 by Peter & Cheryl Pashkevitch
specifically for permission to build a detached accessory building (garage) with
an increase an increase in floor area of 111.4 square metres (1 ,200.0 square
feet), on lands municipally known as 475 Line 15 South, Township of Oro-
Medonte, be approved subject to the conditions as outlined in Report DS2023-
061.
3. The conditions are as follows:
a) That notwithstanding 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.
Development Services July 5, 2023
Report No. DS2023-061 Page 1 of 14
Page 101 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
4. And that the applicants be advised of the Development Services Committee's
decision under the Secretary-Treasurer's signature.
Background
The subject property is located on the east side of Line 15 South between the Rail Trail
and Woodland Drive, has a lot area of 0.81 hectares (2.0 acres) and contains a single
detached dwelling, a shed and several tent structures. 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 section of Zoning By-law 97-95:
Section 5.1.6 — Maximum Floor Area
Required: Proposed:
100.0 square metres (1,076.4 square 111.4 square metres (1 ,200.0 square feet)
feet
The applicants' site plan and elevation drawing are included as Schedules 3 and 4 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 is applicable to this application. The application represents an accessory
use to the permitted residential use on an existing lot in a rural area. The proposed
development will not impact the rural character or characteristics of the rural area and
the scale of the proposed development is considered appropriate. 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 is applicable to this application. This section has been reviewed and Planning
Staff is of the opinion that the proposed detached accessory building is consistent with
these policies as the development is associated with an existing residential use on an
existing lot of record and there will be no impact on the rural character of the area.
Page 102 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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), "...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 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
detached accessory building addition is not anticipated to have any adverse impacts on
any natural heritage features.
County Official Plan
The property is designated Greenlands in Simcoe County's Official Plan. The
Greenlands designation seeks to protect and restore the natural character, form,
function and connectivity of the natural heritage system. The County's natural heritage
system includes significant woodlands and Regional Areas of Natural and Scientific
Interest (ANSI), among others. Section 3.8.14 states that local Official Plans may
contain policies and mapping that detail the criteria for determining significant
woodlands in accordance with the definition of significant woodlands as defined by the
County's Official Plan. Significant woodlands can also be determined through an
Environmental Impact Study (EIS). According to Schedule B — Natural Features of the
Township's Official Plan, the subject lands do not contain any natural features.
Therefore Planning Staff are of the opinion that the application conforms to the County's
Official Plan. Staff have yet to receive comments from the County; Committee should
have regard to any comments that may be received.
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 maintain the general intent and purpose of the Official Plan?
Page 103 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re: Minor Va...
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 Restricted Rural in "Schedule A — Land Use" of the
Township's existing Official Plan (1997) and Greenlands in the Township's Adopted
Official Plan (2022) (refer to Schedules 5 and 6). The Township's existing Official Plan
sets out the following objectives of the Restricted Rural Designation:
• To discourage the development of scattered residential, commercial and
industrial uses in the area surrounding Barrie and Orillia.
• To maintain and preserve the rural character of the area by clearly defining the
urban boundary of the Cities of Barrie and Orillia,
• To protect lands adjacent to the two urban municipalities from incompatible
development to ensure that the expansion of their urban service areas in the
future is cost-effective and efficient.
The Official Plan states that the principle use of land in the Restricted Rural designation
shall be agriculture. Other permitted uses include single detached dwellings and by
extension accessory uses, such as detached garages.
The intent of the Greenlands designation in the Adopted Official Plan is to maintain and
enhance the ecological integrity of the natural heritage system and to minimize the loss
or fragmentation of significant wetlands and the habitats and ecological functions they
provide. Permitted uses in the Greenlands designation includes single detached
dwellings on lots which were approved prior to the approval date of the Adopted Official
Plan. The development of accessory structures and uses are also permitted in the
Greenlands designation.
The proposed variance conforms 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 current
Official Plan's objectives to maintain and preserve the rural character of the area and
also to maintain and enhance the ecological integrity of the natural heritage system as
outlined in the Adopted Official Plan as the subject lands do not contain or are adjacent
to any natural features.
Page 104 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
Does the variance 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 (refer to Schedule 7). 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.
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.
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 111.4
square metres (1 ,200.0 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 123.4 square
metres (1,329 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.
Is the variance 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
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 west 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 30.0 metres (98.4
feet) from the front lot line.
Page 105 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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 variance is
considered desirable for the appropriate development of the lot.
Is the variance minor?
The question of the minor nature of the variance relates to its scale and impact. In
Planning Staff's opinion, the requested Minor Variance is minor in nature as it is not
anticipated to have any adverse impacts on the neighbouring properties and it will not
detract from the rural character of the lot.
As the variance is 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 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 (1997)
• Township of Oro-Medonte Adopted Official Plan (2022)
• Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals
In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The
application is consistent with the following Goal of the Plan:
Foster Safe and Inclusive Community Living & Business Growth: Guide growth while
protecting the environment, support community events, facilitate utility and infrastructure
plans.
Page 106 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re: Minor Va...
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, no comments have been received.
Attachments
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule I Applicants' Site Plan
Schedule 4: Applicant's Elevation Drawing
Schedule 5: Current Official Plan Land Use
Schedule 6: Adopted Official Plan Land Use
Schedule 7: Zoning By-law
Conclusion
Planning Staff recommends that Minor Variance Application 2023-A-27 be approved,
specifically to permit construction of a detached accessory building with an increase in
floor area of 111.4 square metres (1,200.0 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,
Andy Karaiskakis, RPP, Senior Planner, June 28, 2023
Approvals: Date of Approval
Derek Witlib, RPP, Director, Development Services June 30, 2023
Page 107 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
Schedule 1: Location Map
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Page 108 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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Page 109 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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Page 110 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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Page 111 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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Page 112 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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Page 113 of 209
6.c) 6.05 p.m. DS2023-061 , Andy Karaiskakis, Senior Planner re. Minor Va...
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6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
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Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Danielle Waters, Planner
Meeting Date: July 5, 2023
Report No: DS2023-057
Subject: Minor Variance Application, 2023-A-28, Big Cedar (Oro) Residents
Associations (Angus MacDonald), 4044 Line 13 North, (25 Maple Crescent)
Type: Requires Action X or For Information Only
Motion No.
Recommendation
It is recommended:
1 . That Report No. DS2023-057 be received and adopted.
2. That Minor Variance Application 2023-A-28 by Big Cedar (Oro) Residents
Associations (Angus MacDonald), specifically to permit the enclosing of an
existing carport and addition to an existing modular home that is located in the
Environmental Protection Zone on the lands known as 25 Maple Crescent, be
approved subject to the conditions as outlined in Report DS2023-057.
3. The conditions are as follows:
a) That notwithstanding Section 3.1 Table A5, Section 5.16.1 (c), Section
5.40, the proposed attached garage and sunroom addition shall otherwise
comply with all other applicable provisions of the Zoning By-law;
b) That the proposed attached garage and sunroom addition be substantially
and proportionally in conformity with the dimensions as set out on the
application and sketches submitted and approved by the Committee;
c) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation
Authority (NVCA) permit and Building Permit be obtained from the
Development Services July 5, 2023
Report No. DS2023-057 Page 1 of 12
Page 128 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
Township only after the Committee's decision becomes final and binding,
as provided for within the Planning Act R.S.O. 1990, c.P. 13.
4. And that the applicant be advised of the Development Services Committee's
decision under the Secretary-Treasurer's signature.
Background
Big Cedar Park is a residents-owned nonprofit corporation containing 230 mobile homes
on 408.6 acres of land at Bass Lake Sideroad East and Line 12 North (refer to
Schedules 1 and 2). The retirement community has existed for over 30 years. The roads
within the Park are private and are not maintained by the Township.
The applicant resides at 25 Maple Crescent and has obtained permission from the
Residents Association for the attached garage and sunroom addition. The applicant has
submitted a minor variance application to enclose an existing carport to create a single
car garage, as well as a sunroom addition to the rear of the existing modular home.
The applicant' site plan is attached as Schedule 3 to this report and their proposed
elevation drawings are illustrated on Schedule 4.
The 408.6 acre Big Cedar Park parcel is zoned Agricultural/Rural Exception 7 (A/RU*7)
and Environmental Protection (EP) in the Township's Zoning By-law. However, the lands
affecting 25 Maple Crescent are entirely zoned Environmental Protection (EP)which does
not permit residential uses on the lands. The applicant is seeking relief to the following
sections of Zoning By-law 97-95:
Section 3.1, Table A5 — Permitted Uses (Environmental Protection (EP) Zone)
Permitted: Proposed:
Only existing uses permitted. Addition, 3 season sunroom
No buildings or structures, except those required
for flood or erosion control.
Section 5.16.1(c) — Enlargement, Non-complying Structures
Required: Proposed:
Does not increase a situation of non-compliance. Increase size of structure in EP
Zone.
Section 5.18 - Non-conforming Uses
Permitted: Proposed:
Buildings or structures existing before November Enclose existing structure and
5, 1997. increase floor area through addition
Page 129 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
Analysis
Provincial Policies
Provincial Policy Statement (PPS), 2020
The Provincial Policy Statement provides policy direction on matters of Provincial
interest related to land use planning and development. Specifically, Section 1 .1 .4 —
Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. This
application represents limited residential development that is consistent with the PPS
with respect to Rural Areas.
Section 2.1 Natural Heritage contains policies concerning the long-term prosperity and
protection of natural heritage features. This Section states that development or site
alteration shall not be permitted on or adjacent to natural heritage features unless it has
been demonstrated that there will be no negative impacts on the natural features or
their ecological functions. The subject lands (Big Cedar Estates) contain a Provincially
Significant Wetland and a Provincially Significant Area of Natural and Scientific Interest
(ANSI). However, the proposed development is separated from the key natural heritage
features by multiple other modular homes as well as more than 120 metres in
separation, with no foreseen impact on the features. The application was circulated to
the NVCA and have no concerns for the proposal but noted that a permit will be
required.
On this basis, Staff is of the opinion that the proposed development will not have any
negative impacts on the adjacent key natural heritage features and that the application
is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a
long-term plan to manage growth and protect the natural environment. Section 2.2.9
Rural Areas is applicable to this application. This section has been reviewed and
Planning Staff is of the opinion that the proposed development is consistent with the
Rural Areas policies in the Growth Plan as the lands subject to this application are
already within an established residential area.
According to Schedule B of the Township's Official Plan, portions of the Big Cedar lands
contain a Provincially Significant Wetland and a Provincially Significant Area of Natural
and Scientific Interest (ANSI). Section 4.2.4.1 Lands Adjacent to Key Hydrologic
Features and Key Natural Heritage Features states that new development or site
alteration within 120 metres of a key natural heritage feature or a key hydrologic feature
will require a natural heritage evaluation or hydrologic evaluation to be prepared by a
qualified professional. In Planning Staff's opinion, a natural heritage evaluation is not
required as the proposed development is located farther than the required 120 metres
from the natural heritage features.
Page 130 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
Based on the above, it is Planning Staff's opinion that the proposed minor variances
conform to the Growth Plan as the proposed development is not anticipated to have an
adverse impact on the nearby natural heritage features.
County of Simcoe Official Plan
The subject property is designated Rural, Agricultural and Greenlands in the County of
Simcoe's Official Plan, yet the lands subject to this application (25 Maple Crescent) are
designated Rural which permit limited residential development. In Planning Staff's
opinion, the proposed development is consistent with the County's Official Plan as the
attached garage and additions are residential uses.
Note:
For applications to extend a legal non-conforming use, the consideration is to be based
upon both the desirability for development of the property in question and the impact on
the surrounding area. An application for an extension of a non-conforming use does not
have to meet the four tests for a minor variance.
Township of Oro-Medonte Official Plan
The subject lands are designated Oro Moraine Core/Corridor Area and Special Purpose
Community Area in the Township's Official Plan. The proposed development at 25
Maple Crescent is located within the Special Purpose Community Area designation and
Section C13 of the Official Plan contains policies related to the use and development of
lands in this designation. The objectives of this designation are to:
• recognize existing residential developments that are not within settlement areas
in the Township;
• ensure that these areas continue to be used in a manner which respects the
`Environment-First' objectives of the Official Plan; and,
• ensure that the impacts of uses on lands adjacent to these areas on lands within
the designation are considered as part of any development review process.
In accordance with Schedule B of the Township's Official Plan, the Big Cedar lands
contain: A Provincially Significant Wetland and a Provincially Significant Area of Natural
and Scientific Interest (ANSI). The lands subject to the minor variance (25 Maple
Crescent) are located more than 120 metres from these natural heritage features.
With respect to "Non-Conforming Uses", Section E1 .6 of the Official Plan contains
provisions in this regard. Section E1.6.1 states, "As a general rule, existing uses that do
not conform with the policies of this Plan should gradually be phased out". Section
E1.6.2, contains provisions on the "Role of the Committee of Adjustment" and states
that "the Committee of Adjustment may ... allow extensions to a non-conforming use ...
[in consideration of] the following:"
a) The size of the extension in relation to the existing operation;
Page 131 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
• The proposed construction is to enclose an existing carport and construct
an addition to the modular home at the rear. In Planning Staff's opinion,
the proposed work would constitute the extension of the existing non-
conforming use which is modest in size.
b) Whether the proposed extension is compatible with the character of the
surrounding area;
• The proposed expansion of the non-conforming dwelling would be
considered in character with the surrounding residential area.
c) The characteristics of the existing use in relation to noise, vibration, fumes,
dust, smoke, odours, lighting and traffic generation and the degree to which
any of these factors may be increased or decreased by the extension;
• N/A
d) The possibilities of reducing these nuisances through buffering, building
setbacks, landscaping, Site Plan Control and other means to improve the
existing situation, as well as minimize the problems from extension; and,
• In Planning Staff's opinion, the modular home addition would not result in
any nuisances that would have to be buffered.
e) The conformity of the proposal with the applicable by-laws and policies of the
County of Simcoe.
• In Planning Staff's opinion, the proposed addition conforms to the County
of Simcoe Official Plan as the applicant is proposing to expand the
existing residential use.
On the basis that the proposed expansion to the existing non-conforming use would not
enhance its non-conformity, or compromise the non-conforming use's ability to be
"phased out"; therefore, the proposed request is considered to conform.
Township's Zoning By-law
The subject property is zoned Agricultural/Rural Exception 7 (A/RU*7) Zone,
Environmental Protection (EP) Zone in the Township's Zoning By-law 97-95. However,
as previously mentioned, the subject property (25 Maple Crescent) is entirely zoned
Environmental Protection.
As indicated in Table A5 of the Township's Zoning By-law 97-95, residential uses are
not a permitted use in the EP Zone. The existing modular home is non-conforming as it
is entirely located within the EP Zone. With respect to the proposed expansion of the
volume and floor area used in association with a non-conforming use, Section 5.40 of
the Zoning By-law contains provisions related to "Non-Conforming Uses", and states
that:
• "No lands shall be used and no building or structure shall be used except
in conformity with the provisions of this By-law unless such use existed
Page 132 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
before the date of passing this By-law and provided that it has continued
and continues to be used for such purpose, and that such use, when
established, was not contrary to a By-law passed under Section 34 of the
Planning Act, R.S.O 1990, cP. 13 or a predecessor thereof that was in
force at that time".
The intent of Section 5.40 and Section 5.16.1(c) of the Zoning By-law is to ensure that
existing non-conforming/non-complying uses on properties in the Township may not be
expanded, such that the expansion may result in an increase in a degree of
incompatibility or cause any adverse impacts, and that such expansion may not take
place without appropriate buffering and mitigation of any negative impacts between
such a use and neighbouring land uses.
Upon site visit, Planning Staff confirmed that the increase in size of the proposed
structure will be compatible with the neighbouring area. Through use of GIS mapping,
Staff confirmed that the natural heritage features are over 120 metres from the
proposed construction. Therefore, it is Planning Staff's opinion that the proposed
structure is not anticipated to have an adverse impact on the nearby natural heritage
features or any of the neighbouring land uses.
Financial/Legal Implications/ Risk Management
Potential financial and legal implications should the decision of the Committee be
appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the
Committee's decision.
Policies/Legislation
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• A Place to Grow, 2020
• County of Simcoe Official Plan
• Township of Oro-Medonte Official Plan
• Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals
In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan
are relevant to this application:
Foster Safe and Inclusive Community Living & Business Growth
• manage change, promote economic activity that does not negatively impact the
Township's natural heritage features and attributes
Page 133 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
Consultations
A notice sign was posted on the property and notice of the application was circulated to
agencies, Township Departments and to assessed property owners within a 60-metre
(200 feet) radius of the lands. As of the preparation of this report, the following
comments have been received:
• Township Development Engineering — no concerns, ELG not required
• Township Infrastructure and Capital Projects — No comments
• Nottawasaga Valley Conservation Authority — no concerns, permit required
Attachments
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Applicants Proposed Site Plan
Schedule 4: Applicants Proposed Elevation
Schedule 5: Applicants Proposed Floor Plan
Conclusion
Planning Staff recommends that Minor Variance Application 2023-A-28 be approved,
specifically, to permit the enclosure of an existing carport to create a single car garage,
and a sunroom addition within the EP Zone on lands municipally known as 25 Maple
Crescent, on the basis that the application 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, June 19, 2023
Approvals: Date of Approval
Andy Karaiskakis, RPP, Senior Planner June 29, 2023
Derek Witlib, RPP, Director, Development Services June 30, 2023
Page 134 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
Schedule 1: Location Map
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Page 135 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re- Minor Variance A...
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Page 136 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re- Minor Variance A...
Schedule 3: Applicant's Site Plan
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Page 137 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re- Minor Variance A...
Schedule 4: Proposed Elevations
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Page 138 of 209
6.d) 6.15 p.m. DS2023-057, Danielle Waters, Planner re: Minor Variance A...
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Page 139 of 209
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7.a) DS2023-056, Danielle Waters, Planner re: Request to Allow for Two D...
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Townshi�a���'�LLC?,f?,�F,P�
Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Danielle Waters, Planner
Meeting Date: July 5, 2023
Report No: DS2023-056
Subject: Request to allow for Two Dwellings at 4613 Line 6 North by Victor,
Christopher, and Kimberley Douglas
Type: Requires Action X or For Information Only
Motion No.
Recommendation
It is recommended:
1 . That Report No. DS2023-056 be received and adopted.
2. That Committee authorizes the request of Victor, Christopher and Kimberley
Douglas, to temporarily reside within the existing dwelling, to a maximum of
eighteen (18) months from the time of issuance of the building permit, at 4613
Line 6 North, and that the existing dwelling is to be removed after the completion
of the new dwelling.
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 has a lot area of 28.5 hectares (70.4 acres) and is located on the
northeast side of Line 6 North (See Attachments #1 and #2). The applicants are
requesting permission to temporarily live in the existing dwelling for a period of up to
eighteen (18) months on the lands while the works to build the new dwelling are
underway. However, two dwellings on a property is not permitted under the Township's
Zoning By-law 97-95, as amended.
Development Services July 5, 2023
Report No. DS2023-056 Page 1 of 6
Page 153 of 209
Ta) DS2023-056, Danielle Waters, Planner re: Request to Allow for Two D...
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
hardship cases. A financial deposit and agreement (see Attachment #3) stipulating the
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 $20,000.00 to ensure the removal of the existing dwelling, 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
$20,000.00 as the security deposit to ensure the removal of the existing dwelling, prior
to the building permit for the dwelling being issued.
Financial/Legal Implications/ Risk Management
A $20,000 security deposit is required prior to issuance of a building permit for the new
dwelling to ensure removal of the existing dwelling 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
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Two Dwelling Agreement
Conclusion
Approval of the attached agreement to permit the landowner to temporarily reside in the
existing dwelling for a maximum eighteen (18) month period while a new dwelling is
being constructed, is considered appropriate and should be authorized.
Page 154 of 209
Ta) DS2023-056, Danielle Waters, Planner re: Request to Allow for Two D...
Respectfully submitted,
Danielle Waters, Planner, June 21 , 2023
Approvals: Date of Approval
Andy Karaiskakis, RPP, Senior Planner June 29, 2023
Derek Witlib, RPP, Director, Development Services June 30, 2023
Page 155 of 209
7.a) DS2023-056, Danielle Waters, Planner re- Request to Allow for Two D...
Schedule 1: Location Map
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Page 156 of 209
Ta) DS2023-056, Danielle Waters, Planner re: Request to Allow for Two D...
Schedule 2: Aerial Photo
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Page 157 of 209
Ta) DS2023-056, Danielle Waters, Planner re: Request to Allow for Two D...
Schedule 3: Two Dwelling Agreement
AGREEMENT
In consideration of receiving a building permit from the Township of Oro-Medonte, We, Victor,
Christopher and Kimberley Douglas 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 7 West Part Lot 9 West Part Lot 10
(Medonte) being more particularly described as 4613 Line 6 North.
2. That we have applied to the Council of the Corporation of the Township of Oro-Medonte for
permission to temporarily reside in our existing dwelling on the above-mentioned lands, at
the same time as a new dwelling is under construction 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 eighteen (18) months from permit
issuance or until completion of the proposed new dwelling, whichever is the lesser
period of time; and
b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy
Certificate, the existing dwelling is to be demolished within one month to the
satisfaction of the Township's Chief Building Official.
4. That certified funds in the amount of$20,000.00 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.
Page 158 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
t
Townshi�a���'�LLC?,f?,�F,P�
Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Derek Witlib, Director, Development Services
Meeting Date: July 7, 2023
Report No: DS2023-055
Subject: Official Plan Amendment Application 2022-OPA-03
Zoning By-law Amendment Application 2022-ZBA-11 and
Plan of Subdivision Application 2022-SUB-06
by Craighurst Limited Partnership (Craighurst Crossing)
Part Lots 41 and 42, Concession 1 EPR (Medonte)
Type: Requires Action X or For Information Only
Motion No.
Recommendation
It is recommended:
1. That Report DS2023-055 regarding Official Plan Amendment Application 2022-
OPA-03, Zoning By-law Amendment Application 2022-ZBA-11 and Plan of
Subdivision Application 2022-SUB-06 by Craighurst Limited Partnership, applying to
lands located in Part Lots 41 and 42, Concession 1 EPR (Medonte), Township of
Oro-Medonte, be received and adopted-,
2. That Official Plan Amendment Application 2022-OPA-03, that would serve to amend
the locations and boundaries of the `Living Area' designation and the `Community
Use Area' designation on Schedule `F' (Craighurst Secondary Plan) to the Township
of Oro-Medonte Official Plan, be adopted as Amendment No. 46 to the Township of
Oro-Medonte Official Plan and be forwarded to the County of Simcoe for approval-,
3. That Zoning By-law Amendment Application 2022-ZBA-11, that would rezone the
subject lands from from Residential One Exception 301 (R1*301), Residential One
Exception 301 — Holding 2 (R1*301(H2)), Institutional Exception 311 (I*311),
Development Services July 5, 2023
Report No. DS2023-055 Page 1 of 45
Page 159 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Agricultural/Rural (A/RU), Agricultural/Rural Exception 15 (A/RU*15), Open Space —
Holding 3 (OS(H3)) and Environmental Protection Exception 303 (EP*303) to
Residential One Exception 301 (R1*301), Residential One Exception 301 — Holding
2 (R1*301(H2)), Residential Two Exception 343 (R2*343), Open Space Exception
311 — Holding 3 (OS*311 (H3)), Open Space Exception 311 and 344 — Holding 3
(OS*311 & *344(H3)) and Institutional Exception 345 (1*345) Zone on Schedule A14
to Zoning By-law No. 97-95, as amended, be approved;
4. That the Clerk bring forward the appropriate Official Plan Amendment Adopting By-
law and Zoning By-law Amendment for Council's consideration;
5. That Draft Plan of Subdivision Application 2022-SUB-06 (Craighurst Limited
Partnership) known as Craighurst Crossing, consisting of 322 single detached
residential lots, 78 semi-detached residential lots, 2 Park Blocks (2 and 19), 6 Open
Space Blocks (6, 7, 10, 11 and 21),1 School Block (18), 2 Stormwater Management
Blocks (5 and 12), 1 Wastewater Management Block (14), 4 Communal Septic Area
Blocks (13, 20, 24 and 25), 1 Pumping Station Block (4), 1 Well Block (23), 2
Environmental Protection Area Blocks (8 and 9), 3 Buffer Blocks (1, 15 and 17), 1
Servicing Block (16), Other Lands Owned by Applicant Block (26), 2 Road Widening
Blocks (3 and 22), and 8 Internal Streets (A through H), as shown on Schedule 4 to
Report No. DS2023-055 be approved, subject to the conditions set out in Schedule
4 to Report No. DS2023-055.
6. And that the applicant be advised of the decisions under the Director, Development
Services signature.
Background
The subject lands comprise approximately 80.4 hectares (198 acres), most of which is
located in the Craighurst Settlement Area. A location Map and an Aerial Photo are
included as Schedules 1 and 2 to this report.
The developable portions of subject lands are currently in a fallow agricultural state and
the lands are bisected by natural heritage features (woodlands and watercourse) that
are to be protected. There are 3 model homes under construction on the lands, in
accordance with the provisions of a Model Home Agreement that was executed in 2022.
Surrounding land uses are comprised of:
To the north: agriculture and CP Railway
To the south: Residential uses, commercial uses and vacant lands within the Craighurst
Rural Settlement Area.
To the west: Residential uses, commercial uses, and industrial use and a cemetery,
within the Craighurst Rural Settlement Area.
To the east: Rural residential uses and woodlands, partially within the Craighurst Rural
Settlement Area.
Page 160 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
The subject lands were subject to previous Draft Plan of Subdivision Approval
(Application 2003-SUB-01) by a previous owner (Craighurst Land Corp.) that was
granted on October 30, 2019 by the Local Planning Appeal Tribunal for a development
proposed to consist of 319 single detached residential lots, a Park Block, a School
Block, 2 Stormwater Management Blocks, 1 Wastewater Management Block and 4
Communal Septic Areas. The lands were proposed to be serviced by municipally
owned and operated communal drinking water and communal waste water systems.
Based on this servicing arrangement, the proposed lots were rezoned in 2019 to a
Residential One Exception 301 (R1*301) Zone, which would permit fully-serviced urban
sized lots with minimum required frontages of 15 metres (49.2 feet) and minimum
required lot areas of 450 metres (0.11 acre). A copy of the 2019 Draft Plan is attached
as Schedule 3. The 2019 Draft Plan Approval lapsed in 2022.
The lands were sold in 2019 to the current owner, Craighurst Limited Partnership, who
in 2022 submitted to the Township the current applications for Official Plan Amendment,
Zoning By-law Amendment and Draft Plan of Subdivision, which are the subject of this
report. A copy of the new proposed Draft Plan is attached as Schedule 4 and is
proposed to consist of 322 single detached residential lots, 78 semi-detached
residential lots, 2 Park Blocks (2 and 19), 6 Open Space Blocks (6, 7, 10, 11 and 21),1
School Block (18), 2 Stormwater Management Blocks (5 and 12), 1 Wastewater
Management Block (14), 4 Communal Septic Area Blocks (13, 20, 24 and 25), 1
Pumping Station Block (4), 1 Well Block (23), 2 Environmental Protection Area Blocks
(8 and 9), 3 Buffer Blocks (1 , 15 and 17), 1 Servicing Block (16), Other Lands Owned by
Applicant Block (26), 2 Road Widening Blocks (3 and 22), and 8 Internal Streets (A
through H). The development is proposed to be serviced by municipally owned and
operated communal drinking water and communal waste water systems.
The substantive changes between the 2019 Draft Plan and the current Draft Plan are:
• Increase in the number of single detached residential lots from 319 to 322,
ranging in frontages from 15.2 metres (49.9 feet) to 18.2 metres (59.7 feet);
• Addition of 78 semi-detached units;
• A re-aligned street pattern;
• Relocation and Increased size of a community park block from 1.33 hectares
(3.28 acres) to 2.17 hectares (5.36 acres);
• Addition of 0.48 hectare (1.19 acres) neighbourhood park block at the north end
of the proposed development;
• Relocation of a school block; and
• Addition of open space blocks to accommodate entrance landscaping/features at
proposed road connection on Horseshoe Valley road and Penetanguishene
Road.
The water supply will be drawn from a new well proposed at the south-east corner of the
Site (Block 23). The site will be serviced by a sanitary collection system, consisting of
internal gravity sewers, a sewage pumping station and a forcemain, that will discharge
to a communal wastewater treatment plant to be constructed within Block 14. The
Page 161 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
treated effluent will be pumped via a forcemain to multiple disposal (septic) beds
(Blocks 13, 20, 24 & 25). The water supply and distribution system and the
sewage collection and treatment system are proposed to be municipally owned.
The purpose of the applications for Official Plans and Zoning By-law Amendment is to
bring the delineations of the Official Plan designations and the Zones in alignment with
the new plan.
The proposed Official Plan Amendment, as illustrated in Schedule 5 to this report, would
relocate portions of the Living Area and Community Use Area designations, in order to
accommodate the relocation of the school block and a larger park block.
The Zoning By-law Amendment makes a number of minor adjustments to the locations
of several zones (as shown on Schedule 6) and would also add a new Residential One
Exception 343 (R1*343) Zone, which would permit semi-detached dwellings subject to
the following provisions:
a) Minimum Lot Area 235 square metres
b) Minimum Lot Frontage 7.6 metres
c) Minimum Front Yard Setback to Dwelling 4.5 metres
d) Minimum Front Yard Setback to Garage 6.0 metres
e) Minimum Interior Side Yard Setback 1 .5 metres on one side
f) Minimum Interior Side Yard Setback 0.75 metres on one side
g) Minimum Exterior Side Yard Setback 3.0 metres
A Public Meeting regarding the proposed Official Plan and Zoning By-law Amendments
and the proposed Draft Plan of Subdivision was held on November 2, 2022 to receive
comments from the Development Services Committee and the public with respect to the
proposed development. The applications are supported by the following technical
studies that were submitted by the applicant and reviewed by Township Staff and
applicable commenting agencies:
• Planning Justification Report
• Geotechnical Investigation
• Archaeological Stage 1-2 Assessment
• Hydrogeological Report
• Natural Hazard Assessment
• Environmental Impact Study
• Functional Servicing and Stormwater Management
• Floodplain Analysis
• Traffic Assessment
• Architectural & Urban Design Guidelines
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Analysis
Planning Staff has reviewed the proposed Draft Plan of Subdivision application in the
context to relevant planning policies and legislation contained in the Township of Oro-
Medonte Official Plan, County of Simcoe Official Plan, "Places to Grow" Growth Plan
2020, and Provincial Policy Statement 2020, as detailed below.
Provincial Policy Statement 2020
The Provincial Policy Statement, 2020 (PPS) provides planning policy direction
on matters of Provincial interest related to land use planning and development. All
planning decisions are required to be consistent with the PPS.
The Provincial Policy Statement encourages a range of housing options, including
new development as well as residential intensification to respond to current and
future needs. PPS policies directly relevant to these applications are:
• Promoting efficient development (1.1.1 a)) and cost-effective development
patterns (1.1 .1 e)).
• Accommodating a range and mix of residential types to allow appropriate
affordable and market-based housing options (1.1.1 b)).
• Focusing growth and development to settlement areas (1.1.3.1).
• Encouraging a mix of land uses within settlement areas that efficiently use land
and resources and that efficiently use the planned or available infrastructure
(1.1.3.2 a) & b)).
• Promoting opportunities for a range of housing options through intensification
and redevelopment (1.1 .3.3 and 1.1 .3.6).
• Facilitating intensification, redevelopment and compact form by way of
appropriate development standards (1.1.3.4).
• Implementing specific intensification targets (1.1 .3.7).
• Providing a range and mix of housing types and densities required to meet
projected requirements and promoting all forms of residential intensification
(1.4.1 and 1 .4.3).
• Directing development of new housing with appropriate levels of infrastructure
(1.4.3 c)).
• Promoting the efficient use of land and infrastructure and prioritizing
intensification and compact format (1 .2.3 d) e) & f)).
• Municipal sewage services and municipal water services are the preferred form
of servicing for settlement areas to support protection of the environment and
minimize potential risks to human health and safety (1 .6.6.2).
• protecting natural features and areas for the long term (2.1.1 ).
• protecting the quality and quantity of water (2.2.1).
• conserving any significant archaeological resources (2.6.2).
• directing development away from hazardous lands adjacent to stream systems
which are impacted by flooding hazards and/or erosion hazards (3.1 .1).
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Planning Staff concur with the conclusions contained within the applicant's Planning
Justification Report that approval of the applications will:
• accommodate new population growth on vacant land in an area that can be
serviced, within a defined Settlement Area;
• incorporate an appropriate range and mix of residential uses in a slightly more
compact form to meet the long-term needs of the community;
• assist the Township of Oro-Medonte in achieving its intensification and density
targets set by the County of Simcoe and the Province of Ontario;
• permit housing on lands designated for development, on full municipal services;
• provide more green space for community use.
• contribute to the Township's long term prosperity by providing an efficient use of
land within a settlement area.
• Not impact significant or sensitive natural heritage resources.
• Not impact archaeological resources.
• Not present a hazard to future uses of the site.
Based on the above, it is Planning Staff's opinion that the approval of the proposed
planning applications is consistent with the policies set out in the Provincial Policy
Statement, 2020.
Growth Plan 2020
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (known as the Growth
Plan 2020) was prepared and approved under the Places to Growth Act, 2005 and has
been updated most recently in 2020. The Growth Plan 2020 contains policies to
manage growth to the year 2051 and guides decisions on a wide range of issues,
including transportation, infrastructure, land use planning, urban form, housing, natural
heritage and resource protection. All upper-tier and lower-tier municipal documents in
the Greater Golden Horseshoe, including the Simcoe Sub-Area, are required to conform
to the policies of the Growth Plan 2020. The Growth Plan 2020 is to be read in
conjunction with the Provincial Policy Statement.
The following relevant policies of the Growth Plan are identified in the applicant's
Planning Justification Report:
• Section 2.1 of the Growth Plan states: This Plan is about accommodating
forecasted growth in complete communities. These are communities that are well
designed to meet people's needs for daily living throughout an entire lifetime by
providing convenient access to an appropriate mix of jobs, local services, public
service facilities, and a full range of housing to accommodate a range of incomes
and household sizes. Also in Section 2.1 is reference to the achievement of
complete communities, as follows: To support the achievement of complete
communities that are healthier, safer, and more equitable, choices about where
and how growth occurs in the GGH [Greater Golden Horseshoe] need to be
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7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
made carefully. Better use of land and infrastructure can be made by directing
growth to settlement areas and prioritizing intensification...
• As noted, the Growth Plan directs new development to settlement areas such as
Craighurst on the basis of full municipal services.
• Supporting policies from the new Growth Plan include the following:
➢ Supporting a range and mix of housing options including second units and
affordable housing to serve all sizes, incomes, and ages of households
(Guiding Principles 1 .2.1).
➢ Directing development to settlement areas and away from hazardous lands
(2.2.1 .2 d), e)).
➢ Achieving a complete community that provides a diverse range and mix of
housing options, including second units and affordable housing, to
accommodate people at all stages of life, and to accommodate the needs of
all household sizes and incomes (2.2.1.4 a) and c)).
➢ Supporting the achievement of complete communities by:
■ planning to accommodate forecasted growth (2.2.6.2 a)).
■ planning to achieve the minimum intensification and density targets
(2.2.6.2 b))
■ planning to diversify the overall housing stock across the municipality
(2.2.6.2 c)).
Additionally, Planning Staff finds Section 4.2.2 Natural Heritage System also relevant to
these applications, due to the presence of watercourses (key hydrologic features) and
wooded areas (potential key natural heritage features) on the lands, both inside and
outside of the Craighurst Rural Settlement Area. The Natural Heritage System policies
of the Growth Plan regulate, restrict or prohibit development and site alteration in or
adjacent to Key Natural Heritage Features (e.g. significant woodlands, wetlands, Areas
of Natural and Scientific Interest) or Key Hydrological Features (e.g. permanent
streams, intermittent streams, inland lakes and their littoral zones, seepage areas and
springs). The Province has mapped a Natural Heritage System for the Greater Golden
Horseshoe to support a comprehensive, integrated and long-term approach to planning
for the protection of the region's natural heritage and biodiversity which was released on
February 9, 2018, but this mapping is currently not yet in effect in the County of Simcoe
or the Township of Oro-Medonte.
Furthermore, Section 4.2.2.1 of the Growth Plan states that the Natural Heritage
System mapping will exclude lands within the settlement area boundaries that were
approved and in effect as of July 1, 2017. The Craighurst Settlement Area was
designated through Official Plan Amendment 27 that received final approval from the
County of Simcoe on June 24, 2014.
Despite the above, Section 4.2.2.6 states that, "...within settlement areas, the
municipality... will continue to protect any other natural heritage features and areas in a
manner that is consistent with the PPS".
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Pursuant to Section 4.2.2.6 and as supported by the applicant's Environmental Impact
Study, the natural heritage features are contained within Blocks 8 and 9 of the draft plan
are zoned Environmental Protection to ensure the long term protection from
development.
Based on the above, it is Planning Staff's opinion that these applications conform to the
Growth Plan.
County of Simcoe Official Plan
The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land
Use Designations) under the County OP. The "Settlements" policies permit a full range
and mix of urban uses. Furthermore, the County OP contains General Subdivision and
Development policies that provide guidance for residential growth and development
contained in Section 3.2. In addition, Section 3.3 contains the General Development
Policies.
Staff have reviewed all of these policies in the context of the proposed draft plan of
subdivision application and has concluded that the "Settlement" designation permits
residential development on the public communal water and waste systems as being
proposed through this application and meets the County of Simcoe objectives to
promote healthy settlements. The proposed residential development provides for the
development of the site in keeping with the rural character of the surrounding area and
in compliance with the Township's Zoning By-law provisions. All of the technical reports
have been provided to the County for their review and the County has provide some
specific draft plan conditions regarding road widening's, day lighting triangles, and
reserves to be transferred to the County, requirement for financial obligations specific to
the County road improvements, and the requirement for entrance permits.
Township of Oro-Medonte Official Plan
The Township's updated Official Plan was adopted by Council on October 5, 2022 and
is awaiting final approval from the County of Simcoe. In this regard, the existing Official
Plan (1997) continues to be in effect and serves as the determinative policy regime for
reviewing and evaluating the applicant's development proposal. The existing OP will be
repealed once the updated OP is approved by the County. As a result, this report
contains an overview of both the existing and updated Township Official Plans with
respect to the proposed development on the subject lands.
The subject lands are designated "Rural Settlement Area" in accordance with Schedule
"A — Land Use" of the Township's current Official Plan. The lands are located within the
Craighurst Secondary Plan Area as shown on Schedule F of the Township Official Plan
and are designated Living Area, Community Use Area, and Environmental Protection
One.
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The Settlement Area strategy for Craighurst contained in Section A4.2.4 indicates that
there will be pressure for continued growth in Craighurst and that this development is to
occur on full municipal servicing. The application proposes the construction of these
services that long term would be intended to be assumed by the municipality. The
construction and approval of these services will be subject to further review by the
MOECC specific to conformity of the proposed form of servicing against the Craighurst
Horseshoe Corridor Master Servicing Plan prior to their consideration of
approval/issuance of an Environmental Compliance Approval (ECA). The construction
of these infrastructure services would be completed at the expense of the developer
prior to assumption by the Township.
The Living Area designation permits a range of housing types including single detached
dwellings, semi-detached dwellings, townhouse and multiple dwellings, secondary
suites and garden suites and bed and breakfast establishments. The draft plan as
currently proposed 322 single detached dwellings and 78 semi-detached dwellings.
Therefore 76% of the proposed development would be comprised of single detached
dwellings. This is generally consistent with Section C18.4.1 .3 (a) that states that no
more than 75% of all new dwellings in the entire Craighurst shall be single detached
dwellings. In other words, it is not necessary for the 75% single detached dwelling cap
to be satisfied within each development, as long as it is adhered to across the full
settlement area. Considering that there are additional undeveloped Living Area
designated lands within the settlement area, there will be future opportunities to include
additional multi-unit dwellings, The total development for the secondary plan area
contemplates 700 new residential units of which a maximum of 525 units can be single
detached and 175 units were to be multiple dwellings (semi's, duplexes, and
townhouses, etc.).
The Community Use Area policies would apply to the location of the potential school
site and the parkland block. In accordance with Section C18.4.3.4 (a) (ii) the potential
site is required to be reserved as part of the planning process. Public parks and
recreation facilities and public schools are all identified as Permitted Uses in this
designation. In addition, the size of the proposed school block has been increased to
reflect the School Board's minimum 2.3 hectare requirement.
The final designation applying to the lands is the Environment Protection One designation
that applies to the watercourse that traverses the property. These lands are contained
within Blocks 8 and 9 of the proposed draft plan and are Environmental Protection.
Through the review comments received from the NVCA, it has been discussed that these
features should be transferred to a public authority to ensure their long-term protection.
A draft plan condition has been included to address this comment however further
discussions will be required regarding the appropriate authority to acquire these lands for
protection.
Section C 18.5.8 outlines the general policies regarding urban design guidelines. More
specifically Section C18.5.8 (c) states that all residential subdivision plans required the
submission and approval of community urban design guideline, prior to obtaining draft
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plan approval. The applicant has prepared Urban Design Guidelines. A draft plan
condition has been included to ensure compliance with these policies prior to final
approval.
The Township's adopted (October 2022) Official Plan includes all of the subject lands
within the Rural Settlement Area in order to conform to the County Official Plan and the
same above-noted policies with respect to development in Craighurst have been carried
over into the adopted Official Plan.
Based on the above, the proposed Official Plan Amendment, Zoning By-law
Amendment and Draft Plan of Subdivision conform to the Township's Official Plan as
the subject lands are location within a Settlement Area and are subject to the Craighurst
Secondary Plan policies specific to the density and design of the proposed
development.
Financial/Legal Implications/ Risk Management
There are potential financial and legal implications should the decisions of the
Committee be appealed to the Ontario Land Tribunal and Council chooses to defend
the Committee's decision.
The costs of constructing the proposed new water supply and distribution system and
sewage collection and treatment systems would be front-ended by the applicant, but
ultimately transferred to the Township for ownership, operation and maintenance. As
this servicing infrastructure will also benefit additional development lands in Craighurst,
the applicant will be seeking a mechanism to proportionately recoup costs. This matter
is addressed in Condition Nos. 41 & 42 as found in the Conditions of Draft Plan
Approval that have been prepared by Staff and are included as Schedule 7 to this
report. These Conditions speak to the developer entering into a Cost Sharing/Funding
Agreement with other developers in Craighurst. Furthermore, consideration could be
given during the Township's next Development Charge Review for identifying the works
eligible for Development Charge credits.
Policies/Legislation
Planning Act
Provincial Policy Statement 2020
Growth Plan 2020
County of Simcoe Official Plan
Township of Oro-Medonte Official Plan
Township of Oro-Medonte Zoning By-law 97-95
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Corporate Strategic Goals
Planning Staff is of the opinion that these applications, are consistent with the following
Strategic Goal of the Township:
Balanced Growth:
• Ensure land use planning policies manage change and promote economic activity
that does not negatively impact the Township's natural heritage features and
attributes.
Consultations
Notice of these applications were circulated to the public and to applicable review
agencies and Township departments, public notice signs were also posted on the
subject lands. As of the preparation of this report, the following comments have been
received:
Township Environmental Services: Will continue to work with Development Engineering
on design review of the servicing aspects of the development and expect servicing
calculations to reflect revisions to the draft plan.
Township Development Engineering: Has provided technical comments on Functional
Servicing Report. As per Environmental Services comments, Development Engineering
will continue work with Environmental Services and applicant on future detailed design
review.
Township Operations and Community Services: As part of preliminary service routing
along Hwy 93, would like to have developer undertake improvements to the existing
sidewalk. Operations would like to continue to work with the developer on the plans for
the park.
County of Simcoe Planning: Has provided technical comments and has advised that
the County is the approval authority for privately initiated official plan amendments.
County of Simcoe Transportation & Engineering: Has provided technical comments and
has requested specific draft plan conditions regarding County road improvements,
including an eastbound left turn lane on Horseshoe Valley Road and a southbound left
turn lane on Penetanguishene Road. Has requested standard draft plan conditions
regarding solid waste collection.
Nottawasaga Valley Conservation Authority: Has provided technical comments and has
requested specific draft plan conditions regarding required technical reports. Has
requested that Holding (H) provisions be affixed to specified lots/blocks, pending the
completion of a floodplain analysis.
Source Water Protection Risk Management Officer (Severn Sound Environmental
Association): Subject lands are not currently located within any Ministerial approved
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7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Wellhead Protection Areas. No additional notices, letters, or requirements from the
Township of Oro-Medonte Risk Management Official are required.
Simcoe County District School Board: Has requested specific draft conditions pertaining
to the development and use of the potential school site. Has requested that the school
site be zoned to permit a maximum building heigh of 15 metres to accommodate a
potential 3 storey school building.
Simcoe Muskoka Catholic District School Board: Has requested standard draft
condition regarding clause advising future homeowners that students may need to be
bussed out of the area.
CP Rail: Is opposed to residential development in the vicinity of railway lands, but has
provided safety and mitigations guidelines should a residential development be
considered.
Canada Post: Has requested standard draft plan conditions regarding community mail
boxes.
Bell: Has requested standard draft plan condition regarding the conveyance of any
required easements.
Enbridge Gas: No objection.
Hydro One : No objection.
Attachments
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: 2019 Draft Plan (Lapsed)
Schedule 4: New Proposed Draft Plan
Schedule 5: Proposed Official Plan Amendment
Schedule 6: Proposed Zoning By-law Amendment
Schedule 7: Conditions of Draft Plan Approval
Conclusion
The applicant is seeking Committee's approval of the Draft Plan of Subdivision
application and associated amendments to the Official Plan and Zoning By-law, in
support of its proposal to construct a residential development comprised of (322 single
detached dwelling units, 78 semi-detached units, park blocks and a school block.
The applicant has addressed the matters raised during the circulation of the
applications, including matters pertaining to NVCA and County Transportation
comments, has increased the range of housing options by including semi-detached
units and has improved the size, location and functionality of the park block, all of which
represent substantive improvements over the previous 2019 Draft Plan Approval.
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In Planning Staff's opinion, the applications:
• Have appropriate regard for matters of Provincial interests as set out in the
Planning Act;
• Are consistent with the Provincial Policy Statement;
• Conform to the Growth Plan, the County of Simcoe Official Plan and the
Township's Official Plan; and
• Represent good planning.
Based on the above, Planning staff recommend that the applications be approved.
Respectfully submitted,
Derek Witlib, Director, Development Services, June 30, 2023
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7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Schedule 1: Location Map
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File Number:2022-SUB-06 I I I I I
Page 172 of 209
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Schedule 2: Aerial Photo
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Page 173 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Schedule 3: 2019 Draft Plan (Lapsed)
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Page 174 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Schedule 4: New Proposed Draft Plan
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Page 175 of 209
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Schedule 5: Proposed Official Plan Amendment
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TO COMMUNITY USE AREA 001.
LANDS TO BE REDESIGNATED FROM COMMUNITY USE AREA
TO LIVING AREA ♦♦♦
Page 176 of 209
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Schedule 6: Proposed Zoning By-law Amendment (3 maps)
_ LANDS TO BE REZC`JED FROM THE p 1,
ENVIRONMENTAL PROTECTION EXCEPTION
303(EP"303)ZONE TO THE OPEN SPACE t[7'O5*XXX(H3)'
EXCEPTION XXX HOL DING THREE c — - —
PROVISION(OS*XXX(H3))ZONE _
® LANDS TO BE REZONED FROM THE i \ EP'3o ———
RESIDENTIAL ONE EXCEPTION 301(R1*301) m Lc l R1'3U7
ZONE TO THE OPEN SPACE EXCEPTION . OS(H3)
XXX HOLDING THREE PROVISION a raeu-•s
(OS"XXX(H3))ZONE to'RLLI t0'OS"XXX(H3�'
LANDS TO BE REZONED FROM THE OPEN
SPACE HOLDING THREE PROVISION(OS(H3))
ZONE TO THE OPEN SPACE EXCEPTION XXX R1`301 '
HOLDING THREE PROVISION(OS`XXX(H3))ZONE R1'301
LANDS TO BE REZONED FROM THE
INSTITUTIONAL(1*311)ZONE
TO THE OPEN SPACE HOLDING "
f THREE PROVISION(OS(H3))ZONE
LANDS 70 BE RESIDENTIALOONEEXCEPNED TION 301(R1'301) �� \-OS(H3) to'R1*301'
ZONE TO THE OPEN SPACE HOLDING THREE
PROVISION(OS(H3))ZONE LC to'OS(H3)'
LANDS TO BE REZONED FROM THE a1
INSTITUTIONAL(I*311)ZONE TO THE OPEN C.
SPACE EXCEPTION XXX HOLDING THREE Lc'22 OS(H3;
PROVISION(OS*X(X(H3))ZONE
LANDS TO BE REZONED FROM THE Horseshoe Valley Rd W tb'OS"XXX(H3)'_j
AGRICULTURAL RURAL EXCEPTION 15
(AIRW15)ZONE TO THE RESIDENTIAL ONE
EXCEPTION 301(R1.301)ZONE
LANDS TO BE REZONED FROM THE
INSTITUTIONAL.(1.311)ZONE
TO THE RESIDENTIAL ONE
EXCEPTION 301(R1-301)ZONE
LANDS TO BE REZONED FROM THE OPEN SPACE
HOLDING THREE PROVISION(OS(H3))ZONE TO THE DATE
RESIDENTIAL ONE EXCEPTION 301(Ri*301)ZONE
_ LANDS TO BE REZONED FROM THE ENVIRONMENTAL
PROTECTION EXCEPTION 303(EP"303)ZONE TO THE
RESIDENTIAL ONE EXCEPTION 301(R1*301)ZONE MAYOR
LANDS TO BE REZONED FROM THE
AGRICULTURAL RURAL EXCEPTION 15(AIRU`15)
ZONE TO THE INSTITUTIONAL(1)ZONE
_ LANDS TO BE REZONED FROM THE
RESIDENTIAL ONE EXCEPTION 301(R1*301) DATE
ZONE TO THE INSTITUTIONAL(1)ZONE
LANDS TO BE REZONED FROM THE OPEN
SPACE HOLDING THREE PROVISION(OS(H3))
ZONE TO THE INSTITUTIONAL(1)ZONE CLERK
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JS(H3)
EP"302
! II
I�
W'OS*XXX(H3)'
R1'301 to'OS*XXX(H3)'
OS(H3)
I
EP'302
to'R1*301'
OS(H3)
OS(H3)
OS-)(XX(H3)
Horseshoe Valley Rd UU
LANDS TO BE REZONED FROM THE AGRICULTURAL RURAL(AIRU)ZONE
TO THE RESIDENTIAL ONE EXCEPTION 301(RIWI)ZONE
LANDS TO BE REZONED FROM THE AGRICULTURAL RURAL(AIRU)ZONE
TO THE OPEN SPACE EXCEPTION XXX HOLDING THREE PROVISION(OS`XXX(H3))ZONE
f� LANDS TO BE REZONED FROM THE OPEN SPACE HOLDING THREE PROVISION(OS(H3))ZONE
/ TO THE OPEN SPACE EXCEPTION XXX HOLDING THREE PROVISION(OS*XXX(H3))ZONE
Page 178 of 209
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R1"3C1iH2)
to'Rl*301(H2)'
jta'R7*301 to'QS H3
( )'
to'05(H3)" Ell`
-tv'Ri`301(Fi2)'
to'R2*XXX' —I ---- ----
OS(H3)) I .
R1"301 -- —
I -
to'4S"XXX(H3)' it to'R2 I.
� r
_ I Y
to'R1'301'
r
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AIRU
EP•302 to'R1'301'
E P"302
LANDS TO BE REZONED FROM THE THE RESIDENTIAL ONE EXCEPTION 301 (RI'301)ZONE
TO HE RESIDENTIAL ONE EXCEPTION XXX(R1-XXX)ZONE
LANDS TD BE REZONED FROM THE THE RESIDENTIAL ONE EXCEPTION 301 HOLDING 2(R1'301(H2))ZONE
TO THE RESIDENTIAL ONE EXCEPTION 301 (R1"301)ZONE
LANDS TO BE REZONED FROM THE OPEN SPACE HOLDING THREE PROVISION(OS(H3))ZONE
TO THE RESIDENTIAL ONE EXCEPTION 301 (R7'301)ZONE ♦♦♦
_ LANDS TO BE REZONED FROM THE THE RESIDENTIAL ONE EXCEPTION 301 (R1'301)ZONE
TO THE RESIDENTIAL TWO EXCEPTION 301(R1-301(H2))ZONE
LANDS TO BE REZONED FROM THE THE RESIDENTIAL ONE EXCEPTION 301 (RI-301)ZONE
TO THE OPEN SPACE HOLDING THREE PROVISION(OS(H3))ZONE
TO LANDS OPEN SPACE EXCEPTION
FCROMON XXX HOHE OPEN LDING HRE HOLDING
PROVISION OS'XXa H3)ZONEZONE
Page 179 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Schedule 7: Conditions of Draft Plan Approval
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
Conditions of Draft Plan Approval
The Township of Oro-Medonte's conditions to final Plan approval for registration of this
Plan of Subdivision are as follows:
No. Condition
Township of Ora-Medonte
Planninq Services
1. That this approval applies to the draft plan prepared by Celeste Phillips Planning
Inc. dated October 24, 2022 for Part of Lots 11, 12, 13, 18 and 19, and all of
Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33 and 34 and Part of Craig
Street and Part of First Street, Registered Plan 91, and Part of Lots 41 and 42,
Concession 1 E.P.R., and Part of the South Half of Lot 42, Concession 1 ,
Geographic Township of Medonte, now in the Township of Oro-Medonte,
County of Simcoe, which shows a total of 322 single detached residential
lots, 78 semi-detached residential lots, 2 Park Blocks (2 and 19), 6 Open Space
Blocks (6, 7, 10, 11 and 21),1 School Block (18), 2 Stormwater Management
Blocks (5 and 12), 1 Wastewater Management Block (14), 4 Communal Septic
Area Blocks (13, 20, 24 and 25), 1 Pumping Station Block (4), 1 Well Block (23),
2 Environmental Protection Area Blocks (8 and 9), 3 Buffer Blocks (1, 15 and
17), 1 Servicing Block (16), Other Lands Owned by Applicant Block (26), 2 Road
Widening Blocks (3 and 22), and 8 Internal Streets (A through H).
2. Prior to final approval of the Plan, the lands within this draft Plan of Subdivision
shall be appropriately zoned by a zoning by-law which has come into effect in
accordance with the provisions of the Planning Act.
3. Prior to final approval of the Plan, the Owner shall provide the Township with
evidence in the form of an Ontario Land Surveyor Certificate that:
a) Any existing buildings or structures on the lands as of the date of final
approval, are situated so as to comply with applicable zoning by-laws
after registration of the plan; and,
Page 180 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
b) All lot frontages and lot areas within the plan conform to the Township of Oro-
Medonte Zoning By-law.
4. That prior to final Plan approval, the road allowances included within this draft
Plan of Subdivision shall be named to the satisfaction of the Township of Oro-
Medonte. The Owner shall agree in the Subdivision Agreement that all street
names shall be identified to the satisfaction of the Township prior to construction
of any buildings.
5. That the Owner shall agree in the Subdivision Agreement that a municipal
numbering system be assigned to the satisfaction of the Township of Oro-
Medonte.
6. That the Owner shall enter into a subdivision agreement with the Township of
Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the
Township of Oro-Medonte.
7. That the subdivision agreement between the Owner and the Township of Oro-
Medonte be registered by the Municipality against the lands to which it applies,
pursuant to the provisions of the Planning Act.
8. The Owner shall agree in the Subdivision Agreement that all applicable
Development Charges will be paid when the Building Permit is received in
accordance with the Township's Development Charges By-law, the County of
Simcoe Development Charges By-law and Education Charges By-law subject to
any applicable development charge credits and any other agreements with the
Township and/or the County.
9. That prior to final Plan approval, the road allowances, including daylighting
triangles, included within this draft plan of subdivision shall be dedicated as public
highways to the Township of Oro-Medonte without monetary consideration and
free of all encumbrances.
10. That prior to final approval, Community Urban Design Guidelines in accordance with
section C18.5.8 of the Township's Official Plan shall be prepared to the satisfaction of
the Township of Oro-Medonte.
Page 181 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
11. That prior to final approval,Architectural Control Guidelines shall be prepared to the
satisfaction of the Township of Oro-Medonte.
12. That prior to final approval, Park Blocks 2 and 19, Stormwater Management Blocks
5 and 12, Wastewater Management Block 14, Communal Septic Area Blocks 13, 20,
24 and 25, Pumping Station Block 4, Well Block 23, Buffer Blocks 1, 15 and 17, and
Servicing Block 16 shall be deeded and conveyed to the Township of Oro-Medonte
without monetary consideration and free of all encumbrances.
Development Engineering
13. That the final alignment and radii of all roads be designed to the satisfaction of
the Township of Oro-Medonte in accordance with the Township's Development
Engineering Policies, Process and Design Standards. The costs of all construction
will be at the expense of the Owner.
14. The Owner shall agree in the Subdivision Agreement that construction access
shall be provided only in a location approved by the Township.
15. The Owner shall agree in the Subdivision Agreement that all portions of public
highways (rights-of-ways) which are not to be paved and all drainage swales on
public or private property shall be graded and sodded in accordance with the
standards of the Township.
16. The Owner shall agree in the Subdivision Agreement to grade and seed all
undeveloped lands within the plan, other than conservation lands, and to maintain,
to the satisfaction of the Township, all undeveloped lands within the plan.
17. Prior to final approval, the Owner shall provide adequate storm drainage outlets
including any necessary drainage easements to the satisfaction of the Township of
Oro-Medonte.
18. That the Owner shall agree in the Subdivision Agreement, that such easements
and land dedications as may be required for access, drainage, servicing, utilities
and construction purposes shall be designed to the satisfaction of, and granted to,
the appropriate agencies or authorities, free and clear of all encumbrances, to the
satisfaction of the Township of Oro-Medonte and all appropriate agencies or
authorities. Such easements shall be dedicated to the appropriate approval
authority at the Owner's expense.
Page 182 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
19. That the Owner shall agree in the Subdivision Agreement that prior to installation
of any infrastructure, an Environmental Compliance Approval (ECA)from the
Ministry of the Environment Conservation and Parks (MOECP) be obtained with
respect to ownership and operation of the stormwater management facilities.
20. That the Owner shall agree in the Subdivision Agreement that prior to installation
of any infrastructure, an Environmental Compliance Approval (EGA)from the
Ministry of the Environment Conservation and Parks (MOECP) be obtained with
respect to ownership and operation of the water works facilities.
21. Prior to final approval, the Owner shall demonstrate that the water, wastewater
and transportation servicing strategies are consistent with the recommendations
set out in the Environmental Study Report for the Horseshoe Craighurst Corridor
(HCC) Water, Wastewater and Transportation Master Plan Municipal Class
Environmental Assessment.
22. That the Owner shall agree in the Subdivision Agreement that prior to installation
of any infrastructure, any required Municipal Class Environmental Assessment for
water, wastewater and transportation infrastructure associated with the Craighurst
Secondary Plan shall be completed to the satisfaction of the Ministry of the
Environment, Conservation, and Parks (MOECP).
23. That the Owner shall agree in the Subdivision Agreement, that prior to
installation of any infrastructure, an Environmental Compliance Approval
( E CA) from the Ministry of Environment, Conservation and Parks (MOECP)
be obtained with respect to ownership and operation of the sanitary sewage
facilities.
24. That prior to installation of infrastructure, any required Municipal Class
Environmental Assessment for water, wastewater and transportation infrastructure
associated with the Craighurst Secondary Plan shall be completed to the
satisfaction of the Ministry of Environment, Conservation and Parks (MOECP).
25. That prior to final Plan approval, a plan or plans shall be prepared to the
satisfaction of the Township's Manager, Development Engineering showing:
a. drainage control measures;
b. general lot grading including existing and proposed elevations;
c. building envelopes;
Page 183 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX. 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
d. erosion control measures;
e. location and type of drinking water supply;
f. location and type of sewage disposal system;
g. location of all existing wells on abutting properties;
h. design details for the emergency access; and
i. locations of streetscape features, utilities, driveways and landscaping.
These approved plan(s)will form part of the Subdivision Agreement with the
Township of Oro-Medonte.
The Owner's Consulting Engineer may be required to check the elevations of the
building footings and top of foundation, prior to further construction, to ensure
conformity with the approved plans noted above.
26. The Owner shall provide to the Township, engineering drawings for, and shall
agree in the Subdivision Agreement to install, to the satisfaction of the Township,
watermains, sanitary sewage works, storm sewer works, adequate pavement
width for roadways, regulatory signs, street name signs, and any other services or
facilities as required. The Owner shall not connect any watermain or sewer to
existing municipal systems without the written approval of the Township. All lands
to be conveyed to the Township for open space purposes and all easements shall
be shown on the engineering drawings. The Owner shall obtain the approval of the
County and/or Ministry of Environment, Conservation and Parks for the installation
of watermains, sanitary sewer works, and storm sewer works.
Further, the Owner shall agree in the Subdivision Agreement that the plan or any
portion thereof shall not be granted final approval and registered until:
• adequate water supply capacity is available, as determined by the
Township, and has been allocated, by the Township, to the plan.
• adequate sanitary supply capacity is available, as determined by the
Township, to the plan.
And further, the Owner shall agree in the Subdivision Agreement that the Owner
shall save harmless the Township and the County of Simcoe from any claim or
action as a result of water service or sanitary sewage service not being available
when anticipated.
27. The Owner's Consulting Engineer may be required, prior to the issuance of a
Final Inspection Report, to certify in writing that the installed works have been
Page 184 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
carried out in accordance with the approved plans.
28. That prior to final Plan approval, the Owner's Consulting Engineer shall to the
satisfaction of the Township Manager, Development Engineering, provide
calculations confirming that drainage flow can be accommodated by the existing
ditches and culverts from the development site to its outlet.
29. That prior to final Plan approval, the Owner's Consulting Engineer shall to the
satisfaction of the Township Engineering Consultant, provide an Operation and
Maintenance Manual for the stormwater management facility.
30. The pattern of streets and the layout of any reserve blocks within this draft Plan of
Subdivision shall be designed to align precisely with the pattern and layout for any
adjacent plans.
31 . That all streets shall be designed and constructed in accordance with the
Township of Oro-Medonte's Development Engineering Policies, Process and
Design Standards, to a Local Residential Standard No. 3.5-02. The costs of all
construction will be at the expense of the Owner.
32. That the Owner shall agree in the Subdivision Agreement to install, to the
satisfaction of the Township of Oro-Medonte, fencing in accordance with the
standards of the Township of Oro-Medonte. This shall involve, but is not limited
to:
a) 1.8 metre high black vinyl fencing along the limits of the Storm Water
Management Facility (Blocks 5 and 12);
b) 1.8 metre high black vinyl fencing along the limits of the Wastewater
Management Block (Block 14).
33. That the Owner shall agree in the Subdivision Agreement that the Owner's
Consulting Engineer shall be required, prior to the issuance of a Final Inspection
Report, to certify in writing that the installed works have been carried out in
accordance with the approved plans.
34. The Owner shall agree in the Subdivision Agreement:
a. to be responsible for the proper drainage within this draft Plan of
Subdivision and the effect of such drainage on all lands abutting this draft
plan;
Page 185 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 ERR (Medonte)
b. that all lot and block grading plans shall be prepared by the Owner's
Consulting Engineer in accordance with the Township's Development
Engineering Policies, Process and Design Standards and to provide
individual lot grading plans for each lot on the plan prior to the issuance of
building permits;
35. That the Owner shall agree in the Subdivision Agreement that the services
installed by the Owner shall be in accordance with the standards and
specifications of the Township of Oro-Medonte Development Engineering Policies,
Process and Design Standards, and shall include stormwater works, adequate
pavement widths for roadways, street lighting, regulatory signs, street name signs,
municipal address signs, water distribution system with hydrants and any other
services or facilities as required to meet the Township's Standards. Furthermore,
the Subdivision Agreement will stipulate that hydrant markers be placed to the
satisfaction of the Municipality.
36. That the Owner agree in the Subdivision Agreement to make satisfactory
arrangements for the construction of utilities (including but not limited to electrical,
telephone, natural gas and cable television).
37. Prior to final approval of the draft plan or any portion thereof, arrangements
satisfactory to the Township shall be in place to provide for the following
community services (at a time and with securities satisfactory to the Township and
with the conveyance of the necessary lands or easements for the community
services to the Township at a time satisfactory to it), which community services
are in accordance with, or necessarily incidental to the Functional Servicing
Report prepared by Stantec Consulting Ltd.:
a) construction of the public roads within the draft plan together with all
appurtenant watermain(s), sanitary sewer(s), and storm drainage sewer(s)
thereunder;
b) construction of the piped water supply system and appurtenances external
to the draft plan, including upgrades to the existing system, for the
pressure district servicing the draft plan (to the satisfaction of the
Township) and construction of the piped water supply system to service
the draft plan, all as outlined in the FSR;
c) construction of the communal sanitary sewage supply system and
appurtenances external to the draft plan, and construction of the sanitary
sewage system to service the draft plan, all as outlined in the FSR;
Page 186 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-Sus-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX, 2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
d) construction of the stormwater management system to service the draft
plan, including stormwater management treatment measures as shown in
the FSR, together with required improvement to the existing external
stormwater system for safe conveyance to existing outlets; and,
e) conveyance of all lands external to the draft plan required for municipal
servicing purposes, all as outlined in the FSR.
38. Prior to any grading, stripping or servicing of the lands included within the draft
plan, the Owner shall provide a detailed Functional Servicing Report. This report
shall be completed to the satisfaction of the Manager, Development Engineering
and shall address:
a) stormwater management retention and conveyance methods, low impact
development and end-of pipe practices to be implemented within and
external to the draft plan to address water quantity, water quality and
erosion control;
b) the protection of groundwater quality and quantity;
c) the stormwater management design, inspection, operation and
maintenance procedures and associated costs; and,
d) erosion and sediment control measures to be implemented before
stripping and grading of the subject lands to protect downstream
watercourses and environmental features.
39. The Owner shall agree in the subdivision agreement to be wholly responsible for
the actual cost related to the design and construction of upgrades (potable water
supply, fire water demands and pumping storage) to the Craighurst municipal
water system.
40. That the Owner shall agree in the Subdivision Agreement that the water
distribution system for this plan shall be looped within this draft Plan of Subdivision
and that allowance shall be made for the future servicing of parcels of land
abutting this draft Plan of Subdivision as required by the Township.
41 . That the Owner shall agree in the Subdivision Agreement to prepare and
execute a Craighurst Landowners Group Cost Sharing/Funding Agreement(s),
and prior to final approval, the Owner shall provide the Township with
confirmation from the Trustee that it is in good standing pursuant to those
agreement(s).
Page 187 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
42. Prior to final approval, an agreement between the Craighurst Landowners Group,
Township and County, if necessary, shall be executed which facilitates the
construction of all required infrastructure (water, wastewater, transportation) being
recommended through the HCC Municipal Class Environmental Assessment
process for the Craighurst Secondary Plan Area which includes, but is not limited
responsibilities, costs, securities and funding mechanisms.
Operations and Community Services Department
43. That the Owner agree in the Subdivision Agreement to convey to the Township
Blocks 2 and 19 for parkland purposes in accordance with the Planning and/or
Municipal Act without monetary consideration free and clear of all encumbrances
and/or encroachments otherwise directed in writing by the Director, Operations
and Community Services.
44. That the Owner agree to pay cash-in-lieu of parkland for any parkland shortfall, in
accordance with the Planning Act and/or the Municipal Act to the satisfaction of Council.
45. Prior to final approval, the Owner shall prepare a park master plan to the satisfaction
of the Township in accordance with Township of Oro-Medonte Development
Engineering Policies, Process and Design Standards identifying the parkland
development, the location of walking trails, and the sidewalk connections within the
development and to the surrounding community. The Owner shall agree in the
subdivision agreement fund any sidewalk and/or trail connections/improvements
external to the subdivision lands along Regional Road 22 (Horseshoe Valley Road
West) and Regional Road 93 (Penetanguishene Road), to the satisfaction of the
Township of Oro-Medonte and the County of Simcoe.
46. Prior to execution of the Subdivision Agreement, the Owner shall prepare and
submit for approval by the Director, Operations and Community Services a
Landscape Plan in accordance with the Township of Ora-Medonte Development
Engineering Policies, Process and Design Standards, which will provide for, but
not limited to, the following:
a. Landscaping of boulevards;
b. Boulevard trees (if required);
c. Lot trees;
d. Landscaping around the Stormwater Management Pond;
e. Location and treatment of the Emergency Access Block.
Page 188 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
47. The Owner shall agree in the Subdivision Agreement to implement the
Landscape Plan as finally approved by the Township, to pay all costs associated
with implementation, and to provide associated securities as requested to
guarantee undertaking of the work. Further, the Owner shall agree to submit
Parkland Development Drawings for Block 320 in accordance with Section 3.17.5
of the Township of Oro-Medonte Development Engineering Policies, Process and
Design Standards for approval by the Director, Operations and Community
Services.
48. The Owner shall agree in the Subdivision Agreement to pay for all trees and
plantings in accordance with the policies of the Township of Oro-Medonte
Development Engineering Policies, Process and Design Standards. Note that the
required Utility Coordination Plan must demonstrate that there is adequate space
within the boulevard and lots for planting trees consistent with Township
Standards.
49. The Owner shall agree in the Subdivision Agreement that warning clauses will be
included in all agreements of purchase and sale, and that information will be
provided on all community information maps and promotional sales materials,
providing notice as follows:
a) That any encroachments of any kind are not permitted in environmental
protection blocks, stormwater management blocks or park lands; and,
b) That Blocks 2 and 19 are intended to include parks and that such use may
result in increased vehicular and pedestrian traffic on the street and
adjacent to or in the vicinity of the property. Purchasers are further advised
that properties adjacent to such Block may be affected by noise and
lighting from such uses.
Nottawasaga Valley Conservation Authority
50. That prior to final approval the following shall be prepared to the satisfaction of the
Nottawasaga Valley Conservation Authority and Township of Oro-Medonte:
a) A detailed Stormwater Management Report.
b) A detailed Erosion Control Plan.
c) A detailed Grading Plan.
d) A detailed Geotechnical Report for the storm water facilities.
Page 189 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re: Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
e) A detailed landscaping plani(s)for the storm water management facilities.
f) An Environmental Impact Study which addresses the following:
g) A formal compensation strategy addressing removal of 0.09 ha of wetland;
h) An ecological assessment/interpretation of the water balance specifically
regarding potential impacts to wetland community 8a;
i) Trail system concepts and alternatives including and assessment of
impacts to wetlands and natural hazards and mitigation measures
associated with the proposed trail alignments; and
j) Pond de-commissioning logistics and approvals, re-vegetation planning for
wetland buffer areas, and compensation planning for loss of wetland
community 7b.
51. That the draft plan be revised in order to meet the requirements of the above
condition including providing for a larger stormwater pond block(if necessary)to the
satisfaction of the Nottawasaga Valley Conservation Authority and the Township of
Oro-Medonte
52. That the owner shall agree in the Subdivision Agreement, in wording acceptable to
the Nottawasaga Valley Conservation Authority, to carry out or cause to be carried
out the recommendations and measures contained within the plans and reports set
out above.
53. That the owner shall agree in the Subdivision Agreement, in wording acceptable to
the Nottawasaga Valley conservation Authority, to ensure that all sediment and
erosion control measures will be in place prior to any site alteration. The agreement
must also contain a provision stating that all major stormwater management facilities
must be in place prior to the creation of impervious areas such as roads and
buildings.
54. That the owner shall agree in the Subdivision Agreement to engage a qualified
professional to certify in writing that the works were constructed in accordance with
the plans, reports and specifications, as approved by the Nottawasaga Valley
Conservation Authority.
55. That the owner agree in the Subdivision Agreement, that the stormwater
management facilities, regulatory floodplain areas and any easements required for
storm water drainage purposes shall be dedicated to the Township of Oro-Medonte.
Page 190 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
56. That the Nottawasaga Valley Conservation Authority is notified in writing, through a
copy of the enacted zoning by-law including its text and schedule, illustrating that the
natural hazards, natural heritage features and stormwater management facilities on
the final draft plan have been placed in a satisfactory restrictive zoning category.
57. That the Owner agree, in the Subdivision Agreement, that Blocks 8 and 9 be
conveyed to the Nottawasaga Valley Conservation Authority or other public body
satisfactory to the Township of Ora-Medonte,free and clear of all encumbrances and
shall be preserved in their natural state and undeveloped.
58. That the owner agree in the Subdivision Agreement that Lots 117 and 185
through 191 and Blocks 4 and 14 be subject to a holding provision that will be
lifted subject to the completion of a detailed delineation of the Regulatory
floodplain to the satisfaction of the Township of Oro-Medonte and the
Nottawasaga Valley Conservation Authority.
59. That prior to final approval, and prior to any site alteration, safe access and egress in
the vicinity of Penetanguishene Road and Street A in accordance with the safe
access and egress criteria of the Nottawasaga Valley Conservation Authority must be
demonstrated.
60. That prior to final approval, and prior to any site alteration, a floodplain cut-fill
balance analysis is to be completed in the vicinity of Penetanguishene Road and
Street A to address safe access and egress to the satisfaction of the NVCA.
61 . That prior to final approval„ and prior to any site alteration through a detailed
floodplain analysis, all development proposed within the existing Regulatory flood
elevation; Lot 117 and 185 through 191, Block 4 (Pumping Station) and Block 5
(SWM Pond) are demonstrated to be outside the proposed Regulatory Flood
Elevation. Should any portion of Lots 117, 185 through 191, Blocks 4 and 5 be
found to be within the flood hazard, that the draft plan of subdivision be revised to
include any portion of the lots within the flood hazard to the adjacent
environmental protection Block and restrictively zoned.
62. That the owner agree in the subdivision agreement that the production well
associated with this development will be in conformance with O.Reg 205/18.
Page 191 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
63. That prior to any site alteration, a permit, under the Conservation Authorities Act,will
be obtained from the Nottawasaga Valley Conservation Authority.
64. That the Owner shall agree in the Subdivision Agreement to decommission the in-
line pond in the northwest corner of the property to improve cold water function of the
stream.
65. That the Owner shall agree in the Subdivision Agreement to design a trail system,
to the satisfaction of the NVCA and Township of Oro-Medonte, which is to be
incorporated into the east-west portion of Block 8.
66. That the Owner shall agree, priorto final approval, to pay all development fees to
the conservation authority as required in accordance with the NVCA's fees policy,
under the powers of the Conservation Authorities Act.
County of Simcoe
67. That prior to final approval, an updated Functional Servicing and Stormwater
Management Plan addressing the County of Simcoe comments dated May 23,
2018 shall be prepared to the satisfaction of the County of Simcoe.
68. That prior to final approval, the Owner shall submit a Grading and Drainage Plan
to the satisfaction of the County of Simcoe.
69. That prior to final approval, the Owner shall submit an Erosion and
Sedimentation Control Plan to the satisfaction of the County of Simcoe prior to
any site grading, alteration or construction occurring on the site.
70. That the Owner shall enter into a subdivision agreement with the Township of
Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the
County of Simcoe.
71. That prior to final approval, an updated Traffic Impact Report addressing the
County of Simcoe requirements dated February 3, 2023 hall be prepared to the
satisfaction of the County of Simcoe.
Page 192 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality; Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
72. Prior to final approval, the Owner shall agree to enter into a legal agreement with
the County of Simcoe, whereby the Owner agrees to assume financial and other
responsibility for the design and construction of the following road improvements:
• East County Road 22 Access - An eastbound left turn lane consisting of a
100m taper lane, 30m parallel lane and 25m of storage and a westbound 60m
right turn taper. These County Road 22 road improvements shall be completed
as part of Phase 1 development approvals.
+ North County Road 93 Access -A southbound left turn lane consisting of a
100m taper lane, 30m parallel lane and 15m of storage and a northbound 60m
right turn taper. These County Road 93 road improvements shall be completed
as part of Phase 2A development approvals.
• Prior to Phase 2A, the Owner shall submit an updated Traffic Impact
Memo, including a traffic signal warrant analysis, for both the North County
Road 93 and East County Road 22 development entrances.
Prior to Phase 4, the Owner shall submit an updated Traffic Impact Study,
which is to include turning lane requirements for both Phase 4 access points
and a traffic signal warrant analysis for all four development accesses.
It is the responsibility of the Owner to prepare engineering drawings and a
construction cost estimate for the required phased road improvements to the
satisfaction of the County. The Owner is required to provide the County with a
Letter of Credit representing 100% of the County approved construction cost
estimate for each phase of the construction program, prior to commencement.
The approved engineering road drawings and Letter of Credit will be
referenced in the legal agreement.
73.The Owner shall agree in the Subdivision Agreement, in wording satisfactory to
the County of Simcoe, to design and construct the County Road 22 and County
Road 93 road improvements, at the applicable access to the development, in
accordance with the reports and plans, as approved by the County of Simcoe.
74. The Owner shall transfer to the County of Simcoe at no cost, a fee simple,
unencumbered interest in the following:
a) 15 metre by 15 metre daylight triangle blocks at each limit of the
proposed road intersection with County Roads 22 and 93,
Page 193 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX, 2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
b) 0.3 metre reserves across the frontage of the property adjacent to
County Roads 22 and 93, and
c) Road widening blocks across the frontage of the property adjacent to
County Roads 22 and 93.
75. That prior to final approval, the Owner shall submit to the satisfaction of the
County of Simcoe a preliminary M-Plan that sets out the daylight triangle, reserve
blocks and road widening blocks to be transferred to the County.
76. The Owner shall agree in the Subdivision Agreement to insert the following
warning clauses within all Offers of Purchase and Sale Agreements for
prospective purchasers of the Lots abutting County Roads 22 and/or 93.
"The County uses a 0.3 metre reserve to restrict access to the County
Road. Purchasers of lots abutting County Road 22 are hereby advised that
these lots are subject to the 0.3 metre reserve and access to County Road
22across the reserve will not be permitted by the County."
"County of Simcoe Road setback By-law No. 5604 regulates the location of
buildings and other structures on lands adjacent to County Roads. All lot
development adjacent to County Road 22 and 93 is subject to the
requirements of the County Road Setback By-law, or its successor."
77.Prior to approval and registration of the plan, the lands in this draft plan of
subdivision shall be appropriately zoned to ensure compliance with the
requirements of the County of Simcoe Road Setback By-law No. 5604, where
applicable, for the lands within this plan of subdivision. The Township is to advise
the County of Simcoe in writing that the property has been appropriately rezoned.
78. That the Owner shall agree to include the following clause(s) in the Subdivision
Agreement, to the satisfaction of the County of Simcoe (the `County'):
a) Based on preliminary designs, the County has confirmed that County
waste collection services are feasible for this development. The County is
not required to provide waste collection services along unassumed roads
until such time they are assumed by the municipality. The County may,
however, commence waste collection services prior to the municipality
assuming the road once an appropriate level of residency has been
Page 194 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
confirmed by the County. Such early provision of waste collection services
is contingent upon regular access being available on the road and is
subject to a request being approved by the County Solid Waste
Management Department. This may require temporary turnarounds to be
constructed depending on the phasing of the development. The Owner
acknowledges that should road access be blocked due to road
construction, parked vehicles, insufficient snow removal, etc., or should
any temporary turnarounds not be constructed tot he County's standard,
service disruptions will occur. The Owner is responsible for providing
waste collection services until such time as the County has confirmed that
the access restriction has been satisfactorily remedied.
b) Prior to final approval or registration of any phase(s), the Owner shall
provide written confirmation to the County that all municipal roads,
including any dead-end roads or temporary turnarounds, are designed to
accommodate County waste collection vehicles as per the County's Waste
Collection Road Design Policy and applicable Waste Collection Technical
Design Standards document. Furthermore, the Owner shall submit all
engineering drawings to the County of Simcoe to demonstrate that the
design and construction of all roads complies with the Waste Collection
Technical Design Standards. Failure to construct municipal roads in
accordance with County's standards may result in waste collection
services being withheld or suspended, and may require reconstruction to
accommodate waste collection service vehicles.
c) Prior to final registration of each phase, the proposed Subdivision Plan for
each phase of the subdivision or a reference plan that is prepared based
on the proposed Subdivision Plan, shall identify temporary turning circles
or hammer-head turnarounds at all dead-ends and cul-de-sacs on
municipal roads to facilitate the safe turnaround of vehicles, including
County waste collection vehicles and emergency services vehicles, to the
satisfaction of the Township and the County. A copy of the proposed
Subdivision Plan or reference plan shall be provided to the County for
review and approval prior to registration.
Simcoe Muskoka Catholic District School Board
79.That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe Muskoka Catholic District School Board: "The Owner shall include in
all offers of purchase and sale a clause advising prospective purchasers that
pupils from this development attending educational facilities operated by the
Page 195 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
Simcoe Muskoka Catholic District School Board may, be transported to, and/or
be accommodated in temporary facilities out of the neighbourhood school's area.
Simcoe County District School Board
80.That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe County District School Board: "The Owner agrees to include a in all
offers of purchase and sale a statement that advises the prospective purchaser
that the public schools on designated sites in the community are not guaranteed.
Attendance at schools in the area yet to be constructed is also not guaranteed.
Pupils may be accommodated in temporary facilities and/or be directed to
facilities outside of the area."
81.That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe County District School Board: "The Owner agrees to include in all
offers of purchase and sale a statement that advises the prospective purchaser
that school busses will not enter cul de sacs and pick-up points will generally be
located on through-streets convenient to the Simcoe County District School
Board. Additional pick-up points will not be located within the subdivision until
major construction activity has been completed."
82.That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe County District School Board: "That the Owner shall agree in the
Subdivision Agreement to include a clause within all Offers of Purchase and Sale
Agreements that advises prospective purchasers that the school site indicated as
Block 18 is a potential school site and that other land uses may result if the
school boards determine that the school site is not required, to the satisfaction of
the Township of Ora-Medonte.
83.That the Owner agree to register the draft plan of subdivision with the agreed
upon school site, currently known as Block 18, on the draft plan, dated October
24, 2022 and prepared by Celeste Phillips Planning Inc. with no less than 2.3
hectares in area.
84.That the Owner shall submit to the Board for review and comment, at no cost to
the Board, the overall subdivision plans/reports and addendums thereto so that
the Board may review as they relate to the Institutional Block 18 and the ability of
the site to construct a two/three story elementary school:
Page 196 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX, 2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
(i) A Geotechnical Report which supports the construction of a typical two to
three storey school, including a soils assessment.
(ii) A Site Grading and Drainage Plan with a maximum gradient of 5% over
less than 20% of the site with an overall grade of 1-3% throughout the
remainder of the site.
(iii) A Site Servicing Plan showing the following:
• Stub locations for sanitary sewer.
• 1 — 100mm diameter domestic waterline service stub, with curb
valves and boxes.
• 1 — 200mm diameter fire protection service stub, with curb valves
and boxes.
• 1 — 6in stub for sanitary sewers.
(iv) An Erosion and Sedimentation Control Plan.
(v) A Stormwater Management Plan, including the following:
• A stormwater connection plan.
• Stormwater management calculations to include 60% impervious
infiltration to allow for a school, portables, and hard surfaces.
(vi) A Traffic Study which recognizes elementary school traffic flows, including
but not limited to:
• A traffic calming management plan.
• Location of sidewalks which shall be located on both the north and
south sides of Street C.
• Street details/profiles.
• Profile of the street with the traffic flow of a school.
(vii) A Photometric Plan (streetlighting plan).
(viii) Electrical Design Drawings showing a 500kva Hydro connection with a
switchgear to the property line.
(ix) Archeological Assessment, including any recommendations and/or
mitigation works that will be required to be completed and confirmation that
this will not affect the developability of the school block.
(x) Any other supporting documentation that may be relevant or requested by
the Board.
85.That Block 18 be zoned Institutional (1) with an exception for the following: To
increase the maximum permitted Height for a School from 11 metres to 15
metres.
Page 197 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
86.That the Owner shall submit, at no cost to the Board, written confirmation from
the Township of Oro-Medonte confirming the following as they relate to a new
school facility:
(i) The availability of a satisfactory water supply (both domestic and fire).
(ii) The availability of sewage allocation.
(iii) That Block 18 stormwater flow calculations have been incorporated into
the overall storm water management design.
87.The School Board will provide their reasonable anticipated domestic water
demand and fire flows and sanitary sewage flows, as well as the preferred
location of services to the property line, to the Owner within 30 days upon receipt
of written request from the owner. The Owner shall incorporate those flows into
their detailed engineering design and provide same to the School Board for their
review. The Owner shall agree to install all services, in accordance with the
approved engineering drawings.
88.The School Board will provide their reasonable anticipated electricity demands to
the Owner within 30 days upon receipt of written request. The Owner shall
incorporate those demands into their electrical design drawings and provide
same to the School Board for their review. The subdivision electrical design will
include specific electrical infrastructure such as switchgear, etc. The School
Board would request that the switchgear be located on adjacent hand, however
not on the school site. The School Board will be responsible for transformer
locations servicing the site as part of the Site Plan approval process.
89.The School Board will provide their reasonable requirements for phone service
infrastructure and internet service infrastructure within 30 days upon written
request from the Owner(s). The Owner(s) shall incorporate those into their
detailed design and provide the same to the School Board for their review. The
Owner(s) shall agree to install all services, in accordance with the approved
drawings.
90.The Owner shall agree that there will be no stockpiling of soils on Block 18.
Where stockpiling has occurred, the Owner shall remove all excess soils and the
lands shall be graded with material suitable for use in supporting the imposed
load of buildings and hard surfaces in accordance with the approved subdivision
grading plan. A pre and post stockpiling soils test shall be conducted by a
qualified engineer and provided to the School Board.
Page 198 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Caro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
91.The owner will agree to install a chain link fence, if required by the SCDSB, in accordance
with municipal standards between Block 18 (School)and Block 19(Park)with the following
specifications:
• 1.8m high
• 2" x 2" x 9ga chain link fabric, hot dip galvanized after weaving
Fabric small have top and bottom selvedge edges knuckled
• All posts shall be schedule 40 weight, hot dip galvanized
o End, corner and straining posts 89mm O.D.
o Line posts 50mm O.D.
* Hot dip galvanized for all components, typical
* Continuous top raid, 42mm O.D.
Line post spacing not to exceed 3m
• Provide 89mm straining posts at midspan where distance between
terminal or corner posts is greater than 100m
• Continuous bottom tension wire, wire to be 9ga
92.The Owner agrees to install a continuous 1.8m high solid board fence between
Block 18 and any adjacent residential properties, to the satisfaction of the
SCDSB.
93.The Owner(s)agrees to post, in a visible location, and to maintain in good and
legible condition a "No Dumping" sign along the fence. The sign shall be the
responsibility of the Owner(s) until such time as the lands are acquired by the
Simcoe County District School Board or until the Board has acknowledged in
writing that the lands are not required for the purpose of the Board.
94.That the Owner(s) covenants and agrees that the following clauses shall be
inserted in all Agreements of Purchase and Sale of residential lots and units
within the Subdivision provided as follows:
All offers of purchase and sale on lands adjacent to the elementary school site shall
contain the following clauses:
• The purchaser acknowledges and accepts that Block 18 is a future school site
and will be maintained and developed as such.
• The purchaser acknowledges and accepts that noise, dust, and truck traffic are
normal circumstances during the construction of a school, and once the school is
constructed noise, exterior lighting, portable classrooms, and increased traffic on
Page 199 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
neighbouring streets during peak A.M. and P.M. hours and during special event
are normal operating conditions for a school.
• Temporary facilities/portables may be placed on the lands in order to
accommodate students in excess of the capacity of the school building.
All offers of purchase and sale shall contain the following clauses:
• The construction of a public elementary school on a designated site is not
guaranteed. Accommodation within a public school in the community is not
guaranteed and students may be accommodated in temporary facilities,
including but not limited to accommodation in portable classrooms,a"holding
school", or an alternative school within or outside of the community.
• If school buses are required within the Subdivision in accordance with Board
transportation policies, school bus pick up points will generally be located on
through streets at a location convenient to the Simcoe County Student
Transportation Consortium.
95.That the Owner(s) shall agree in the Subdivision Agreement, that prior to
registration of the Phase of the subdivision in which Block 18 is located, the
Owner(s) shall enter into an Option Agreement with the Simcoe County District
School Board outlining how the value of the site and timing of purchase will be
determined for Block 18. Alternatively, at the discretion of the Simcoe County
District School Board, the Owner(s) may enter into an Agreement of Purchase
and Sale for Block 18.
96.The Board will have an option to purchase the school site at any time specified by
the Board within 10 years following the date of registration of the Phase of the
plan of subdivision in which Block 18 is located.
97.That the Owner(s) shall agree in the Subdivision Agreement, that if the Simcoe
County District School Board has not exercised the option to purchase Block 18
within 10 years following the date of registration of the Phase in which Block 18 is
located, the Owner will provide the municipality with a letter from the Board
confirming that the property is not required for a school site.
Canada Post
98.That the Owner(s) shall agree in the Subdivision Agreement:
Page 200 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
a) The developer will consult with Canada Post to determine suitable permanent
locations for the Community Mail Boxes. The developer will then indicate
these locations on the appropriate servicing plans.
b) The developer agrees, prior to offering any units for sale,to display a map on
the wall of the sales office in a place readily accessible to potential
homeowners that indicates the location of all Community Mail Boxes within
the development, as approved by Canada Post.
c) The developer agrees to include in all offers of purchase and sale a statement
which advises the purchaser that mail will be delivered via Community Mail
Box. The developer also agrees to note the locations of all Community Mail
Boxes within the development, and to notify affected homeowners of any
established easements granted to Canada Post to permit access to the
Community Mail Box.
d) The developer agrees to give Canada Post notice 90 days prior to first
occupancy
e) The developer will provide a suitable and safe temporary site for a
Community Mail Box until curbs, sidewalks and final grading are completed at
the permanent Community Mail Box locations. Canada Post will provide mail
delivery to new residents as soon as the homes are occupied.
f) The developer agrees to provide the following for each Community Mail Box
site and to include these requirements on the appropriate servicing plans:
• Any required walkway across the boulevard, per municipal
standards
• Any required curb depressions for wheelchair access, with an
opening of at least two metres (consult Canada Post for detailed
specifications)
• A Community Mailbox concrete base pad per Canada Post
specifications.
Canadian Pacific Railway
99.The Owner shall agree in the subdivision agreement to:
a) Insert warning clauses to the satisfaction of the Canadian Pacific Railway in
all Agreements of Purchase and Sale of residential lots and units within the
Subdivision, advising of the existence and nature of the rail operations, the
potential for increased rail activities,any property constraints and the potential
implications associated with rail corridor activity.
Page 201 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
b) Incorporate noise and vibration mitigation measures in the construction
design of residential units within the Subdivision,having regard to"Guidelines
for New Development In Proximity to Railway Operations, May 2013".
Utilities
100. That the Owner agree in the Subdivision Agreement to make satisfactory
arrangements for the construction of utilities including but not limited to electrical,
telephone, natural gas and cable television (if available in the area).
101. That such easements as may be required for utility purposes shall be
granted to the appropriate authority.
1 D2. The Owner shall indicate in the Subdivision Agreement, in words
satisfactory to Bell Canada, that it will grant to Bell Canada any easements that
may be required, which may include a blanket easement, for
communication/telecommunication infrastructure. In the event of any conflict with
existing Bell Canada facilities or easements, the Owner shall be responsible for
the relocation of such facilities or easements.
Ministry of Tourism, Culture and Sport
103. That prior to final Plan approval the Owner shall submit to the Township of
Oro-Medonte an archaeological assessment to be conducted of the development
site by a licensed archaeologist and adverse impacts to any significant
archaeological resources found on the site be mitigated through preservation or
resource removal and documentation. No demolition, grading or other soil
disturbances shall take place on the subject property prior to the Ministry of
Tourism, Culture and Sport confirming that all archaeological resource concerns
have met licensing and resource conservation requirements. NOTE: A copy of
the archaeological assessment report is to be submitted to the County of Simcoe
Planning Department for information.
Model Home and Temporary Sales Office
1 D4. The Owner agrees to comply with the Township's Zoning By-law provisions
for either a model home or a temporary sales office that may be permitted on the
lands prior to final registration of the plan.
Page 202 of 209
7.b) DS2023-055, Derek Witlib, Director, Development Services re. Offici...
Applicant: Craighurst Limited Partnership Date of Decision: XXX, 2023
File No.: 2022-SUB-06 Date of Notice: XXX, 2023
Municipality: Township of Oro-Medonte Last Date of Appeal: XXXX,2023
County of Simcoe
Subject Lands: Part Lots 41 and 42, Concession 1 EPR (Medonte)
105. The Owner further agrees that prior to the construction of any model home,
the Owner shall enter into a Model Home Agreement with the Township of Oro-
Medonte, that the Owner provide the Township with securities pursuant to the
Agreement,that the Agreement be registered on title and that the Owner shat obtain
the required Zoning Certificate and Building Permit.
Clearance of Conditions
Prior to granting approval to the final Plan, the Township's Development Services
Department will require written notification from the following agencies that their respective
conditions have been met satisfactorily:
• The Township of Oro-Medonte shall advise that Conditions 1-105 have been
satisfied.
• The Nottawasaga Valley Conservation Authority shall advise that Conditions 50
through 66 have been satisfied.
• The County of Simcoe shall advise how Condition 45 and Conditions 67 through
78 have been satisfied.
• Simcoe Muskoka Catholic Separate School Board shall advise how Condition 79
has been satisfied.
• Simcoe County District School Board shall advise how Conditions 80 through 97
have been satisfied.
• Canada Post shall advise how Condition 98 has been satisfied.
• Canadian Pacific Railway shall advise how Condition 99 has been satisfied.
• Bell Canada shall advise how Conditions 100 through 102 have been satisfied.
• The Ministry of Tourism, Culture and Sport shall advise how Condition 103 has
been satisfied.
Page 203 of 209
7.c) DS2023-058, Danielle Waters, Planner re: Temporary Trailer Agreemen...
Townshi�a���'�LLC?,f?,�F,P�
Staff Report Proud Heritage, Exciting Future
To: Development Services Committee
From: Danielle Waters, Planner
Meeting Date: July 5, 2023
Report No: DS2023-058
Subject: Temporary Trailer Agreement, 19 Matilda Street, Candace Spencer and
William Walt
Type: Requires Action X or For Information Only
Motion No.
Recommendation
It is recommended:
1 . That Report No. DS2023-058 be received and adopted.
2. That Committee authorizes the request of Candace Spencer and William Walt, to
temporarily reside, to a maximum of six (6) months from the passing of By-law
No. 2023-063, in a trailer on the property at 19 Matilda Street, and the trailer is to
be removed after the completion of the dwelling.
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 has a lot area of 0.06 hectares (0.15 acres) and is located on the
south side of Matilda Street (See Attachments #1 and #2). The applicant is requesting
permission to temporarily live in a trailer for a period of up to six (6) months on the lands
while a new dwelling is constructed on the property. However, living in a trailer is not
permitted under the Township's Zoning By-law 97-95, as amended.
Development Services July 5, 2023
Report No. DS2023-058 Page 1 of 6
Page 204 of 209
7.c) DS2023-058, Danielle Waters, Planner re: Temporary Trailer Agreemen...
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
hardship cases. A financial deposit and agreement (see Attachment #3) stipulating the
terms of the approval will be required to be executed with the owners which ensures
compliance after the renovation is complete. As the applicant is required to post
securities for $2,500.00 to ensure the removal of the trailer, it is anticipated that the
applicant will expedite the construction in order to have their securities returned
expeditiously. The applicant 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
Schedule 1: Location Map
Schedule 2: Aerial Photo
Schedule 3: Temporary Trailer Agreement
Conclusion
Approval of the attached agreement to permit the landowner to use a trailer for a
maximum six (6) month period while a new dwelling is constructed, is considered
appropriate and should be authorized.
Page 205 of 209
7.c) DS2023-058, Danielle Waters, Planner re: Temporary Trailer Agreemen...
Respectfully submitted,
Danielle Waters, Planner, June 22, 2023
Approvals: Date of Approval
Andy Karaiskakis, RPP, Senior Planner June 29, 2023
Derek Witlib, RPP, Director, Development Services June 23, 2023
Page 206 of 209
7.c) DS2023-058, Danielle Waters, Planner re- Temporary Trailer Agreemen...
Schedule 1: Location Map
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391 56
sr
16 403 62
421 45
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65
Location
® Subject Lands Toumsh'
Proud Heritage,Exciting Future
0 loom
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Page 207 of 209
7.c) DS2023-058, Danielle Waters, Planner re- Temporary Trailer Agreemen...
Schedule 2: Aerial Photo
325 6 13
36
1667
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9 -Zd'
352 4 —
353
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Matilda St•
19
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16
2A 30
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16
391 48
45 ��
403
Aerial
Q Subject Lands Tou rulzip of y/y
Proud Heritage,Exthing Furore
0 100 m
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Page 208 of 209
7.c) DS2023-058, Danielle Waters, Planner re: Temporary Trailer Agreemen...
Schedule 3: Temporary Trailer Agreement
AGREEMENT
In consideration of receiving a building permit from the Township of Oro-Medonte, We, Candace
Spencer and William Walt, 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 12 Plan 217 Lot 32 (Oro), Township of
Oro-Medonte, being more particularly described as 19 Matilda Street.
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 new dwelling is under construction 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 six (6) months from the passing of By-law
No. 2023-063 or until completion of the proposed new dwelling, whichever is the lesser
period of time; and,
b) That on completion of the new dwelling, 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.
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