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09 06 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, September 6, 2023 5:30 p.m. 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. 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, email and in person. 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. Page 1. Opening of Meeting: 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 Page 1 of 225 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 - 11 a) Minutes of Development Services Committee meeting held on Wednesday, August 2, 2023. 5. Public Meetings: 12 - 33 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 10 West Part Lot 21, municipally known as 137 Line 9 South, 2023-ZBA-12 (2374357 Ontario Inc.) and Consent Application 2023-B-11 2374357 Ontario Inc., 137 Line 9 South [Refer to Item 7a)]. 6. Public Hearings: 34 - 53 a) 5:45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance Application, 2023-A-32, Randy Langstaff, 419 Line 11 South. 54 - 79 b) 5:55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East. 80 - 110 c) 6:05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-34 by Richard Morsink and Caroline Bouma Morsink, 201 Lakeshore Road West. 111 - 138 d) 6:15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance Application, 2023-A-35, Amanda Davis, 493 Penetanguishene Road. Page 2 of 225 139 - 159 e) 6:25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance Application, 2023-A-36, 1522417 Ontario Limited, 4346-020-007-07301 / Concession 5 West Part Lot 22 RP51 R4566Part 1 (Medonte). 160 - 184 f) 6:35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-12 by Phyllis Holmes, 145 Robinson Street. 7. Reports of Municipal Officers: 185 - 203 a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent Application 2023-B-11 and Zoning By-law Amendment Application 2023- ZBA-12, 2374357 Ontario Inc., 137 Line 9 South. 204 - 209 b) DS2023-068, Danielle Waters, Planner re: Temporary Trailer Agreement, 1337 Line 12 North, John Reid [Refer to Item 5a) 09 06 2023 Council Agenda]. 210 - 225 c) DS2023-077, Catherine McCarroll, Intermediate Planner re: Minor Variance Application, 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road. 8. Next Meeting Date: Wednesday, October 4, 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 225 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, August 2, 2023 5:32 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor David Clark Councillor Richard Schell Councillor Robert Young Regrets: Councillor John Bard t A\& , Staff Derek Witlib, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; 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:` , ULhh', it 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 8 Page 4 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC230802-1 Moved by Clark, Seconded by Hutcheson It is recommended that the agenda for the Development Services Committee meeting of Wednesday August 2, 2023 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, July 5, 2023. Motion No. DSC230802-2" Moved by Schell, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, July 5, 2023 be received and approved as printed and circulated_. Carried. Page 2 of 8 Page 5 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 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, East Part Lot 10, Concession 5 (Medonte), municipally known as 4552 Line 5 North, 2023-ZBA-11 (Smitham Homes Inc.). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Smitham Homes Inc. The following correspondence was received: Township of Oro-Medonte, Operations Division dated July 14, 2023; Enbridge Gas dated July 24, 2023; County of Simcoe, Planning Department dated July 25, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. 'N The applicant was not 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 meeting. NOW There being no further comments or questions, the meeting adjourned. Page 3 of 8 Page 6 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 2023. 6. Public Hearings: a) DS2023-65, Danielle Waters, Planner re: Minor Variance Application 2023-A-29, Lori & Kyle Heittola, 207 Line 3 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 Lori Heittola. The following correspondence was received: Township of Oro-Medonte, Operations Division dated July 13, 2023; Nottawasaga Valley Conservation Authority dated July 20, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lori Heittola, applicant, was present. X, 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. DSC230802-3 Moved by Young, Seconded by Clark It is recommended 1%16, 1. That DS2023-65, Danielle Waters, Planner re: Minor Variance Application 2023-A- 29, Lori & Kyle Heittola, 207 Line 3 North be received and adopted. 2. That Minor Variance Application 2023-A-29 by Lori & Kyle Heittola specifically for permission to legalize an existing detached accessory building with a reduced setback from the Environmental Protection Zone of 17.0 metres (55.7 feet) on the lands municipally known as 207 Line 3 North, Township of Oro-Medonte, be approved subject to the conditions outlined in DS2023-065. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 8 Page 7 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 2023. b) DS2023-62, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-30, Jeannine LaCaille, 1429 Moonstone 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 Jeannine LaCaille. The following correspondence was received: Township of Oro-Medonte, Operations Division dated July 13 and 14, 2023; Nottawasaga Valley Conservation Authority dated July 14, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jeannine LaCaille, 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. DSC230802-4 Moved by Clark, Seconded by Young It is recommended 4Vhbb., : 1. That DS2023-62, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-30, Jeannine LaCaille, 1429 Moonstone Road West be received and adopted. 2. That Minor Variance Application 2023-A-30 by Jeannine LaCaille specifically for permission to build an addition to the existing detached accessory building for the purposes of creating an accessory dwelling unit with an increased floor area of 83.6 square metres (900.0 square feet), on lands municipally known as 1429 Moonstone Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-062. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 8 Page 8 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 2023. c) DS2023-066, Danielle Waters, Planner re: Minor Variance Application, 2023-A-31, Jill Wagman, 19 Moon Point 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 Jill Wagman. The following correspondence was received: Hiawatha First Nation dated July 14, 2023; Township of Oro-Medonte, Operations Division dated July 17, 2023; Karen Baldock and Geoff Waters dated July 26, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jessica MacDonald, 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. NEL limp 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. DSC230802-5 1% Moved by Hutcheson, Seconded by Young It is recommended 1. That DS2023-066, Danielle Waters, Planner re: Minor Variance Application, 2023- A-31, Jill Wagman, 19 Moon Point Drive be received and adopted. 2. That Minor Variance Application 2023-A-31 by Jill Wagman, specifically for the purposes of constructing a new single detached dwelling to replace the existing dwelling and to maintain the existing front yard setback to the northwest corner of the garage of 3.29 metres (10.79 feet), and to increase the floor area of the dwelling in the required front yard (from 1 storey to 2 storeys), on lands municipally known as 19 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2023-066. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 8 Page 9 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 2023. 7. Reports of Municipal Officers: a) DS2023-063, Catherine McCarroll, Intermediate Planner re: Zoning By-law Amendment Application 2023-ZBA-10 and Consent Applications 2023-B-09 & 2023-B-10, Eric Dykstra, 112 Lakeshore Road West & 35 Shelswell Boulevard [Refer to Item 5a) 08 02 2023 Council Agenda]. Motion No. DSC230802-6 Moved by Hutcheson, Seconded by Clark AO It is recommended that Zoning By-law Amendment Application 2023-ZBA-10 and Consent Applications 2023-B-09 & 2023-B-10, Eric Dykstra, 112 Lakeshore Road West & 35 Shelswell Boulevard be deferred to a future meeting at the request of the applicant. C X, Carried. b) DS2023-064, Andy Karaiskakis, Manager, Planning Services re: Township of Oro- Medonte Adopted Official Plan — Proposed Modifications by the County of Simcoe. Motion No. DSC230802-7 1\ Moved by Hutcheson, Seconded by Clark It is recommended 1. That DS2023-064, Andy Karaiskakis, Manager, Planning Services re: Township of Oro-Medonte Adopted Official Plan — Proposed Modifications by the County of Simcoe be received and adopted. 2. That Development Services Committee accept the modifications to the Adopted Official Plan as provided in DS2023-064 and its appendices. Carried. Page 7 of 8 Page 10 of 225 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, August 2, 2023. 8. Communications: a) Correspondence dated July 27, 2023 from Doug Humphries re: Request for Reimbursement, Minor Variance Application, 2023-A-28, Big Cedar (Oro) Residents Associations (Angus MacDonald), 4044 Line 13 North, (25 Maple Crescent). Motion No. DSC230802-8 Moved by Schell, Seconded by Hutcheson It is recommended A& 1 . That the correspondence dated July 27, 2023 from Doug Humphries re: Request for Reimbursement, Minor Variance Application, 2023-A-28, Big Cedar (Oro) Residents Associations (Angus MacDonald), 4044 Line 13 North, (25 Maple Crescent) be received. 2. That the request for reimbursement in the amount of $700.00 be approved. 3. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. 9. Next Meeting Date: Wednesday, September 6, 2023. 10.Adjournment: a) Motion to Adjourn. Motion No. DSC230802_ Moved by Greenlaw, Seconded by Schell It is recommended that we do now adjourn at 6.50 p.m. NVF Carried. Chair, Deputy Mayor, Peter Lavoie Director, Development Services, Derek Witlib Page 8 of 8 Page 11 of 225 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-12 (2374357 Ontario Inc.) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 4t" day of August, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on September 6, 2023 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 10 West Part Lot 21, municipally known as 137 Line 9 South. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone: 1) Lands proposed to be severed: from an Agricultural/Rural (A/RU)Zone to an Agricultural/Rural Exception (A/RU*)Zone to recognize an increased floor area and height of an existing detached accessory building and recognize an increased lot coverage of all existing detached accessory buildings. 2) Lands proposed to be retained: from an Agricultural/Rural (A/RU)Zone to an Agricultural/Rural Exception (A/RU*)Zone to prohibit future residential uses and recognize a reduced interior side yard setback for an existing agricultural building and silo. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ning(a)oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ningCa).oro-medonte.ca. Page 12 of 225 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Director, Development Services plannincia,oro-medonte.ca Dated at the Township of Oro-Medonte this 15t" day of August, 2023. Location Map ti �i L1. 0 CD C L J - 17 �� - LSchaol_=House Rd. C :J a• ®S,bje,r Lnds F Page 13 of 225 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan/Zoning Sketch LOT 20 N CONCESSIc��V • • ^.J ALLOWANCE BETWEEN LCI]F 68 - dA �) 21 7�xcu e 1 PART 1 SIR-3�395 _ PIN 58549 127 _ ie r,aasl7 � may} a il/ CQNCFSSION , Retained lands to be rezoned Agricultural/Rural PIN S6549 - 0072 Exception (A/RU*)Zone to prohibit future residential uses and recognize a reduced interior side yard ---- setback for an existing agricultural building and silo. CO. -FSSIo,^, Severed lands to be rezoned 7dM Agricultural/Rural Exception (A/RUB) Zone to recognize an increased floor area and height of an existing detached E accessory building and recognize an } increased lot coverage of all existing E. 112 LOT detached accessory buildings. _ CONCE55ION n I PIN 58549 —C12 to ELM- n o zz PART 1 e METRICI—ON VERSI ON oisrnNces s oN 11 V re Page 14 of 225 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Cn Location: 137 Line 9 South w 0 44 3 �Sclhool(House-Rd. Zoning: Agricultural/Rural (A/RU) i 441 51 " (D r O Official Plan: Agricultural 136 138 N 137 Current Use: Agricultural and � �� 0 Residential J o 160 r--f � D v � o � v N O Cn N 0/�Q� AE��!,(!/GGV Praiir(Hrri�nRr,Ezrifing Ferliirr z O .-f n O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Purpose: The purpose and effect of the proposed Zoning By-law Amendment is to rezone: W 0 1 ) Lands proposed to be severed: from an Agricultural/Rural (A/RU) Zone to an o 0 Agricultural/Rural Exception (A/RU*) Zone to recognize an increased floor area and height of an existing detached accessory building and recognize an increased lot coverage of all existing detached accessory buildings. 2) Lands proposed to be retained: from an Agricultural/Rural (A/RU) Zone to an Agricultural/Rural Exception (A/RU*) Zone to prohibit future residential uses and v recognize a reduced interior side yard setback for an existing agricultural building o and silo. a v D m � o v N f('�Township of O Cal l7{Q��-IE� Praiir(HrrinRr,Ezrifing Ferliirr z .-f (7 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Purpose: The purpose of Consent Application 2023-B-11 is the creation of a new lot through the severance of a dwelling described as surplus to a consolidated farming 0 operation. The details of the proposed consent (severance) are: 3 z 0 Lands to be Severed: Lands to be Retained: 0 Frontage/ Approximately 76.0 rn (249.3 ft.) Approximately 475.2 m (1,558.9 ft.) 0 Width: or School House Road X CD Depth: Approximately 95.3 rn 312.7 ft. Approximately 614.0 m 2 014.6 ft. Area: Approximately 0.6 ha 1.5 ac. Approximately 33.4 ha 82.5 ac. 0 Use: Residential Agricultural and Fair green Sod Farms v n 0 3 CD CD v D CD -4 �. o � v N /�]Toumsh;p of 0 U1 �1-i/tQ'� —� (f7GGC/ Prair(HnilnRr,Esrrlinq Ferhirr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v w The details of the proposed easements are: 0 3 z Easement on the lands to be Easement on the lands to be severed: retained: o Frontage/ Approximately 1.0 m (3.3 ft.) Approximately 6.6 m (19.7 ft.) X Width: 0 Depth: Approximately 7.0 rn 23.6 ft. roximatea 6.6 m 19.7 ft. Area: Approximately 7.0 sq. m. Approximately 36.0 sq.m. 75.3 s m ft. 367.E s . ft. n 0 Use: Easement for access to the existing Easement for access to the existing 3 hydrant. well. v D c CD w O 0 N /�]Toumsh;p of O U1 �1-i/tQ'� -� (f7GGC/ Prair(HnilnRr,Esrrlinq Ferhirr z 0 .-f n 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) Aerial Photo: T v ii 74 SW(of°House Rd. 44 n (D 136 O 138 (D eJ O S `.. /1 Yr'�Y 0 v D Pr—d Heritage,Exciting Fufurr z 0 .-f n 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Existing Zoning: 1 E w D J _P C 3 ��AJ�RU School_House Rd. z ED 0 0 0 ED 0 0 _0 A/RU .-f Subject Lands ° N; v Iv 0 _ 0 RUR2(Rural Residential Two) A/Ru*272 ED(Economic Development) GC(General Commercial) CD CD "D A/RU(Agricultural/Rurel) EP(Environmental Protection) RUR2 D M N — O 0 Pr—d Heritage,Exciting Fururr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 0 School'House_Rd z hool House_Rtl tr ' Scholl-Flouse;Rtl. CD 0 0 0 0 .-f 0 N 4j m Al 0 0 CD CJ Subject Lands Q Environmental Protection Two Agricultural 0 10 Subject Lands Agricultural M Employment Area • Subject Lands AgrICUltural _0 (D j Industrial Gre rlands Greenlantls — commercial Non-Decision Lands 0 -Environmental Protection One m Proposed Nan-0eclsloo Lands(Proposed Employment Lands) ; J0 Pr—d Heritage,Exciting Fururr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Applicant's Consent W Sketch: 3 z t O Lands to be retained n (D O �(l (D (OD d. _0 ION O Easement for access to the m � [Lands hydrant on the severed d1 lands. O 3 for the coCESSIONOt (DcQ nds. PR 5b5.9-.1 D (D zz N — N :'F.iRIC CCNYERSICN (7 0 4� v N Tinirnhipa� � 0., 0/l�loirlc� P. 1, z O 0' m O !v Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Detailed Site Plan of the Lands to be Severed: w 0 9 5 _3ul-1­4 Easement for access 3 e to the hydrant on the z llh{ Severed lands, 0 t8 n CD 0 61 tarry ,- � u rr0 q 1 J ,T", F2M Silas _. .t� s x apt o _ 38, M � Easement for Sv access to the AL 0 <je well can the 3 * 391 retained (D Cam! lands, m v D N — co �. O N V1Y/G"elvE:.Cl.(!IlGG Pr—d Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) Cn v Y z m a m N 3 CD (D � D v � m � Looking East along School Looking West along School House Road House Road � 4� *10 N i�1YJr/isl� ZtPi Pr—d Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) m m _- 0 o v m m v D Looking North along Line 9 South Looking South along Line 9 South . o v Pr—d Heritage,Exciting Fufurr z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v w 0 3 z 0 CD I a: m w ] t. .�/ 't tom'` ,' �� v: �9 •�S' 4y .f^ .e 441. � �3H.N CD Public Notice Sign N 0", To Prair(HnilnRr,Esrrlinq Ferhirr z 0 .-f n 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v w 0 z R� O �r N O_ (D n (D O h v n O 3 (D (D v D N Fairgreen Sod Farms located in the Northwest corner of the subject lance. 00610 Pr—d Heritage,Exciting Fufurr z O .-f n CD O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) J Z N CD 0 F - ,.. 0 (D (D D N Existing detached garage on the lands Existing single detached dwelling to be severed on the lands to be selv�eYred ' ' NV1YG� P P-d Hering,,Es W,,g Future z 0 .-f 0 0 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) s , :� - -_off----='•T-���' `, li�'�'��: �iF � i C. r iE s f q' (D CD a� O v n (D Dv .. N Existingoversized accessory building on Existing shipping container to be Y 9 g pp 9 0 � the lands to be severed removed Ili / T—hip O N Ui Pr-d Hn doge,Ezriiinq Feehnr z O .-f n CD O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v 0 � I II (D I I ili z N v n O � (D Existingagricultural building on the lands to be Proposed reduced interior side and setback to D g g p Y � o retained the existing agricultural building o � v N Pr-d Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) -------------- - CD _ w _ o z 0 0 CD 0 v n 0 3 CD CD m � Lands to be retained v: N �/YJ�esl��E'CCO/7ZPi � Pr—d Heritage,Exciting Fufurr z 0 .-f 0 CD 0 Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.)Ilk cn 3 ALL ¢. a- m .+ mktai��j � � I ro, f O * , xe a r3 2vill, 4 -max & 3 (D W Proposed easement for access to the Proposed easement for access to the 0 hydrant well " QI Pr—d Heritage,Exciting Fufurr z O .-f n O Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 (2374357 Ontario Inc.) v Recommendation: Defer w It is recommended: o 1. That Report DS2023-072 be received and adopted; Z 2. That Zoning By-law Amendment Application 2023-ZBA-12 by 2374357 Ontario Inc., specifically to rezone the retained lands from° the Agricultural/Rural (A/RU)Zone to the Agricultural/Rural Exception 348 (A/RU*348)Zone to prohibit residential uses and 0 CD recognize the reduced interior side yard setback of 2.0 metres (6.6 feet)for the existing agricultural building and silo, and rezone the 0 severed lands from the Agricultural/Rural (A/RU)Zone to the Agricultural/Rural Exception 349 (A/RU*349)Zone to recognize the h increased floor area of 400.0 square metres (4,305.7 square feet)and increased height of 5.0 metres (16.4 feet)for the existing m oversized detached accessory building and recognize the increased lot coverage of 7.8%for all detached accessory buildings, on m the lands municipally known as 137 Line 9 South, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to address the Building Division's comments. 0 v 3. That consent Application 2023-B-11 by 2374357 Ontario Inc. to permit the creation of a new lot having a lot frontage of n approximately 76.0 metres (249.3 feet), a lot depth of approximately 95.3 metres (312.7 feet)and an area of approximately 0.6 0 hectares(1.5 acres), to create a 1.0 metre (3.3 feet)by 7.0 metres (23.0 feet)easement on the lands to be severed for access to theme existing hydrant and to create a 6.0 metres (19.7 feet)by 6.0 metres (19.7 feet)easement on the lands to be retained for access to F the existing well be deferred to provide the applicant the opportunity to address the Building Division's comments. CID v D c m 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. w pp� p Y 9 w v 0 N Township of 0 Prair(HnilnRr,Esrrlinq Ferhirr z 0 .-f 0 0 0 h 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... Township of Staff Report Proud Heritage,Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: September 6, 2023 Report No: DS2023-069 Subject: Minor Variance Application, 2023-A-32, Randy Langstaff, 419 Line 11 South Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-069 be received and adopted. 2. That Minor Variance Application 2023-A-32 by Randy Langstaff specifically to permit a reduced front yard setback for a covered unenclosed deck to 3.89 metres (12.76 feet), on lands municipally known as 419 Line 11 South, be approved, subject to the conditions as outlined in Report DS2023-069. 3. The conditions are as follows: a) That notwithstanding Table 131 and Section 5.9, covered unenclosed deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed covered unenclosed deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P. Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the structure and verifying in writing by way of survey/real property report, prior to framing inspection, that the deck is located no closer than 3.89 metres (12.76 feet) from the front lot line; and, Development Services September 6, 2023 Report No. DS2023-069 Page 1 of 10 Page 34 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit (LSRCA) 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 0.125 hectares (0.3 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and a detached accessory building. The applicant is proposing to construct a covered unenclosed deck located at the front of the dwelling. This development was the subject of a Public Hearing at the October 5, 2022, Development Services Committee for Minor Variance 2022-A-53 which was for an addition at the rear of the dwelling and a reduced front yard setback for a covered deck. Since then, the applicant is proposing to further reduce the front yard setback than was originally approved. The applicant is proposing to construct a covered unenclosed deck to an existing single detached dwelling. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B1/Section 5.9 Encroachments in Required Yards Required: Originally Approved (Minor Variance 7.5 metres (24.6 feet) with the ability to Application 2022-A-53): encroach by 1.0 metre (3.2 feet) Covered unenclosed deck: 5.18 metres (17.0 feet) from the front lot line Revised: Covered unenclosed deck: 3.89 metres 12.76 feet from the front lot line The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .3 — Settlement Areas, Section 2.1 — Natural Heritage, Section 3.1 — Natural Hazards are applicable to this application. Development Services September 6, 2023 Report No. DS2023-069 Page 2 of 10 Page 35 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... Section 1.1.3 — Settlement Areas is applicable as the subject lands are located within the Hawkestone Rural Settlement Area — The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing constructing a deck at the front of the dwelling that would be permitted by these policies. Section 2.1 — Natural Heritage and Section 3.1 — Natural Hazards are applicable as the subject lands are adjacent to Hawkestone Creek. The proposed changes to the previously approved plan will not be any closer to the creek. Staff have received supportive comments from LSRCA and note that an LSRCA permit is required. Planning Staff are satisfied that the proposed changes will not further impact the feature and that the LSRCA permit will mitigate any protection required during the construction process. Planning Staff is of the opinion that this application conforms to the PPS, 2020. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The lands subject to this application are within the Rural Settlement Area of Hawkestone and are subject to the policies of Section 2 — Where and How to Grow. This includes Subsection 2.2.9 - Rural Areas which contains policies for rural settlements, such as Hawkestone. Subsection 2.2.1.2(e) is particularly relevant to this application because it states that, "development will be generally directed away from hazardous lands...". Section 4.2.2 Natural Heritage System is not applicable as it excludes lands within settlement area boundaries. Staff have received supportive comments from LSRCA and note that an LSRCA permit is required. Planning Staff are satisfied that the proposed changes will not further impact the feature and that the LSRCA permit will mitigate any protection required during the construction process. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements and minimize land consumption and servicing costs" (County of Simcoe, 2016). Considering that the LSRCA has identified flooding and erosion hazards associated with Hawkestone Creek on the subject lands, Sections 4.5.4, 4.5.9 and 4.5.25 are particularly relevant to this application. The applicant has previously submitted information to LSRCA, which is satisfied that the proposed development has addressed the flooding and erosion hazards previously identified. Staff have received supportive comments from LSRCA and note that an LSRCA permit is required. Planning Staff are Development Services September 6, 2023 Report No. DS2023-069 Page 3 of 10 Page 36 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... satisfied that the proposed changes will not further impact the feature and that the LSRCA permit will mitigate any protection required during the construction process. Based on the above, in Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the LSRCA. The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. The applicant has previously submitted a topographic survey to the LSRCA for review to further assess development on the property. Based upon LSRCA's review of the submitted information in support of the previous application, it was determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional and Local plans. LSRCA previously requested the following condition be included the approval of the Minor Variance application: That the Owner shall obtain a permit from the LSRCA under Ontario Regulation 179/06 prior to the proposed development and site alteration taking place. Staff have received supportive comments from LSRCA and note that an LSRCA permit is required. Planning Staff are satisfied that the proposed changes will not further impact the feature and that the LSRCA permit will mitigate any protection required during the construction process. Based on the above, in Planning Staff's opinion, the applicant's minor variance application conforms to the Lake Simcoe Protection Plan (LSPP). Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(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 Official Plan identifies the subject lands to be within the Hawkestone Residential Area designation. Pursuant to the policies of the Plan, permitted uses within Development Services September 6, 2023 Report No. DS2023-069 Page 4 of 10 Page 37 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... this designation are single detached dwellings and by extension accessory uses to the residential use. Section B5.1 .2 Rivers and Streams and Section B5.1 .3 - Floodplain Management is also applicable to this application. Planning Staff have received supportive comments from LSRCA and note that an LSRCA permit is required. Planning Staff are satisfied that the proposed changes will not further impact the feature and that the LSRCA permit will mitigate any protection required during the construction process. Planning Staff is of the opinion that this application conforms to the Township's Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95, as amended. The primary purpose of the front yard setback is to provide spatial separation between structures and the road, as well as to provide space for access around a structure, maintenance, and parking. Notwithstanding the proposed variance, Planning Staff believe that the proposed setback will provide an adequate setback from the lot line and not restrict parking on the lot, since the front covered deck addition will not interfere with the relatively existing large driveway on the lands. The Townships Operation Department does not have any objection to the reduced setback. For the reasons outlined above, Planning Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff do not expect the proposed deck to stand out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff have identified that the proposed front covered porch will blend in with the neighbourhood. The proposed structure will not interfere with functional matters such as parking and the septic system. Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. 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 the proposed development is not anticipated to have an adverse impact on the character and appearance of the residential neighbourhood, will not detract from the use and enjoyment of nearby properties and will not negatively affect the functionality of the subject lands. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable Development Services September 6, 2023 Report No. DS2023-069 Page 5 of 10 Page 38 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... development of the lot, and is not anticipated to have any adverse impacts, the variance is considered to be minor. Financial / Legal Implications / Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended. Corporate Strategic Goals In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Conclusion 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 Infrastructure and Capital Projects — No objection • Township Building Department - Owner/applicant to ensure deck does not exceed minimum setback requirements to the on-site sewage system components • LSRCA — no objection, permit required Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants Proposed Site Plan Conclusion Development Services September 6, 2023 Report No. DS2023-069 Page 6 of 10 Page 39 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... Planning Staff recommends that Minor Variance Application 2023-A-32 be approved, specifically to reduce a front yard setback for a covered unenclosed deck to 3.89 metres (12.76 feet), on lands municipally known as 419 Line 11 South, on the basis that the application meets the four tests of the Planning Act, and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date Andy Karaiskakis, Manager, Planning Services August 30, 2023 Derek Witlib, Director, Development Services September 1, 2023 Development Services September 6, 2023 Report No. DS2023-069 Page 7 of 10 Page 40 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map —va:erad. 346 N 352 4 W 3 j l 353 Q H.,...nue-vanw-ad. 358 37 Matilda St. 31 _ - 9 375 16 24 30 40 48 391 4fi//S.r 56 403 16 420 419` r 45 C 421 J 426 425 433 440 439 446 F—T567 165 8 6 4 2 Location ��' OIL ;4 ® Subject Lands Tourashi /j� _ _ P f Proud Heritage,Exciting Future r 0 loom I Development Services September 6, 2023 Report No. DS2023-069 Page 8 of 10 Page 41 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo —VascyRd.— fl _Maonst—Rd Ho rseshoeWal IeyRd� Old Rd 77 45 �Ridge�Roab 403 420 a 419 42.1 J 426 425 t 433 fV 439 448 567 a 6 4 2 a Aerial Photo / Q Subject Lands Touazsfiiy of .Proud Heritage,Exciting Future A, 0 100 M V I I I Development Services September 6, 2023 Report No. DS2023-069 Page 9 of 10 Page 42 of 225 6.a) 5.45 p.m. DS2023-069, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants Proposed Site Plan w. `� r';�€tira;:;•:•$.�.�'y�i//,� '�?'�s�• O'4p�idk" 4 , , / ///•r �1 1'y • Ls.. $ •...• /j/ yI G•" 1.1S.SB ryT'' l j I 1/ x St'"iop.W .•:".. `/ -. - : •.- !OP Yr 37/'' / , q�06/9EPTIG BED AREA a 9 _ •��:. •.rY� :-. �.. PROPOSED uur FLOOR oca \I ". }.:.. �, \ \ � ; ' /.I as }� � .- .•::,_...... \' r M1PROPOSED .2-. 1 A O vNlo WELL CM REILW .0 y�''" At rRarosEN A L WR OW F l (VM AIX OF FME OBE DE \ S. R BEW TO L� \ \ \ / I // .'; y':"' ovdxARRaORERn a m y L Z . Applicant's Site Plan" TDiUYt5 I11JT 0 011°norrr"�Hrrir r r,l_rririfL?f'LL7 rrr Development Services September 6, 2023 Report No. DS2023-069 Page 10 of 10 Page 43 of 225 Minor Variance Application 2023-A-32 (Langstaff) v Location: 419 Line 11 South 26 30 40 3 Zoning: Residential One (R1 ) o N O 4W N Official Plan: Hawkestone 78 O Residential Area 4xay C 45 429 � 426 42 Current Use: Residential — 5CD 433 dd0 � 4ae 446 CD 58T 165 T V CD O N ,/ N lJ/�Q'� � 0. � O Praiir(HrrilnRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2023-A-32 (Langstaff) v Purpose: The applicant is proposing to construct a deck to the existing single Cn detached dwelling. This is a revision to the originally approved deck for Minor 3 Variance Application 2022-A-53. The applicant is seeking relief to the following o section of Zoning By-law 97-95, as amended: o N W O O Table B1/Section 5.9 Encroachments in Required Yards Required: Originally Approved: 7.5 metres (24.6 feet) with the ability to encroach Covered unenclosed deck: 5.18 metres (17.0 feet)from the front m' by 1.0 metre (3.2 feet) lot line CD Revised: v Covered unenclosed deck: 3.89 metres (12.76 feet) from the m front lot line v v =3 m CD Ul CD o CD NrIj Tomnshipof O Praiir(HrrinRr,Ezrifing Ferliirr � W M. W n CD D Minor Variance Application 2023-A-32 (Langstaff) v Aerial Photo: 3 0 CO N t O N aa., O v �33 m. lV 9 I ^` (D aaP �T V 6 � O Pr—d Heritage,Exciting Fufurr —% W M. w n CD D Minor Variance Application 2023-A-32 (Langstaff) v Existing Zoning: 3 CD • N ♦ O � N • W O ♦ O (D a, (D (D N Subject Lands =3 C R1(Residential One) CD EP(Environmental Protection) N ef l �CG(l/CGG Pr—d Heritage,Exciting Fufurr O W w n CD D Minor Variance Application 2023-A-32 (Langstaff) v Applicant's Site Plan: Cn / r y. CD CD CD kSt airs:. � J snit 1w,K ro x o[rtm1m) 61 (D (D 00 O rIj rIj UI O Pr—d Heritage,Exciting Fufurr M. w n CD D Minor Variance Application 2023-A-32 (Langstaff) v Applicant's Elevation Drawings: Cn ❑ - e aCD — 1� N O � W O r. CD sy+�-- — _ - - - -• - (D �o a �® w® (D o � Cn - Araard Hn�ilnRr,Ezrifing Ferliirr 0 W n CD D Minor Variance Application 2023-A-32 (Langstaff) v �A 'a; gam s N 0 N W 0 0 W lV lV 4 C� CD North on Line 11 South on Line 11 ��° N N C9t, 0. Proiir(Hriit g,.E,61inq Feehnr —% W M. w n CD D Minor Variance Application 2023-A-32 (Langstaff) _ o CD 4� f 0 U _ mm CO CD aCD CD ma ., n .r•, *_, .. , N 0 Creek on property Notice sign posted N N = � O P-4 Heritage,Exciting Fufurr —% W M. w n CD D Minor Variance Application 2023-A-32 (Langstaff) v o ` N O N _ W O INOUE i i O - ' 0 v ' (D f (D vm .3 5 CD Existing accessory building Existing dwelling �' CD N O Pr—d Heritage,Exciting Fufurr M. 0) n CD D Minor Variance Application 2023-A-32 (Langstaff) v Recommendation: Approve Cn It is recommended: 3 1. That Report No. DS2023-069 be received and adopted. p 0) N 2. That Minor Variance Application 2023-A-32 by Randy Langstaff specifically to permit a reduced front yard setback for a covered o unenclosed deck to 3.89 metres(12.76 feet), on lands municipally known as 419 Line 11 South, be approved,subject to the w conditions as outlined in Report DS2023-069. o rn 3. The conditions are as follows: 0 a) That notwithstanding Table B1 and Section 5.9, covered unenclosed deck shall otherwise comply with all other applicable v provisions of the Zoning By-law; b) That the proposed covered unenclosed deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor(OLS), Professional Engineer(P. Eng.)or Certified Engineering Technologist(C.E.T.) verify by pinning the structure and verifying in writing by way of survey/real property report, prior to framing inspection,that CD the deck is located no closer than 3.89 metres(12.76 feet)from the front lot line; and, % d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit(LSRCA)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. =3 c m CDo, 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. w � 0. � O Prair(HnilnRr,Esrrlinq Ferhirr � n CD D 6.b) 5.55 p.m. DS2023-071 , 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: September 6, 2023 Report No.: DS2023-071 Subject: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-071 be received and adopted. 2. That Minor Variance Application 2023-A-33 by David Tomingas specifically for permission to build a detached accessory building with an increase in height of 5.3 metres (17.4 feet), increase in lot coverage of 5.6% and increase in floor area of 130.5 square metres (1 ,405.2 square feet), on lands municipally known as 2249 Lakeshore Road East, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to address Planning Staff's comments. 3. 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 0.15 hectares (0.36 acres), according to MPAC records, and contains a single detached dwelling. 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 (garage). The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: Development Services September 6, 2023 Report No. DS2023-071 Page 1 of 12 Page 54 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres 14.7 feet 5.3 metres 17.4 feet Section 5.1.5 — Maximum Lot Coverage Required: Proposed: 5% 5.6% Section 5.1 .6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor: 71.3 square metres (768.0 square feet) 2nd floor: 59.2 square metres (637.2 square feet) Tota I: 130.5 square metres 1,405.2 square feet 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. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development will not impact the natural features or functions. 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 the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Page 55 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1 , 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are located within an established shoreline residential area that has been zoned for such residential use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. As per Section 6.45-DP (c), "accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The location of the proposed detached accessory building (garage) is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, since portions of the property are regulated, the application was circulated to the LSRCA. At the time of writing of this report, LSRCA comments have yet to be received by Township staff. Committee members should have regard to any LSRCA comments that may be received. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the proposed detached accessory building is accessory to the 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) Page 56 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Township's existing Official Plan (1997) and the Township's Adopted Official Plan (2022). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. The objectives of the shoreline areas are: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. To ensure that existing development is appropriately serviced with water and sewer services. Section C5.2 of the Township's Official Plan (1997) outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings and by extension accessory uses, such as detached garages. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a new detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential in the Township's Zoning By-law 97- 95, as amended. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1 . The applicant has requested relief from the Zoning By-law to permit the construction of a new detached accessory building with an increased height, lot coverage and 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 Page 57 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential zone. The proposed detached accessory building will comply with all the required setbacks. A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The applicant is proposing to build a new detached accessory building with a total floor area of 130.5 square metres (1,405.2 square feet). The main level is proposed to have an area of 71 .3 square metres (768.0 square feet) and will be used as a garage for the parking of vehicles, and the second floor is proposed to have an area of 59.2 square metres (637.2 square feet) and is proposed to be used for storage. It should be noted that only the areas with a ceiling height of 1.8 metres (5.9 feet) or more are included in the floor area calculation. The proposed detached accessory building is larger than the existing single detached dwelling which has a gross floor area of approximately 81 .3 square metres (875.0 square feet) according to MPAC records. The applicant has also requested a variance to increase the maximum lot coverage from 5% to 5.6%, which includes the footprint of the proposed garage and the existing pump house. 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 applicant has requested a variance to increase the height to 5.3 metres (17.4 feet); whereas, the existing one-storey dwelling is approximately 4.6 metres (15.0 feet) tall according to the application form. Due to the size of the proposed accessory building relative to the existing dwelling, Planning Staff have concerns that the garage will stand out as the primary structure on the lot. On this basis, it is Planning Staff's opinion that the proposed detached accessory building does not conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? During the site visit, Planning Staff considered surrounding properties and the established character and built form of the neighbourhood. The majority of the shoreline properties are of similar size and a number of them have an accessory building in front of the dwelling. Upon site visit, Planning Staff noted that only one other accessory building was subject to a Minor Variance Application. Specifically, Minor Variance application 2020-A-35 permitted a two-storey detached accessory building at 2269 Lakeshore Road East with a maximum height of 5.77 metres (18.93 feet) and a maximum floor area of 108.7 square metres (1,170.0 square feet). In this case, the detached accessory building (garage) was deemed secondary and subordinate to the existing dwelling that has a total floor area of (165.9 square metres) 1 ,786 square feet according to MPAC records. Page 58 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... In Planning Staff's opinion, the proposed two-storey garage at 130.5 square metres (1,405.2 square feet) is not secondary and subordinate to the existing one-storey dwelling at 81.3 square metres (875.0 square feet). Therefore, Planning Staff have concerns that the proposed structure will stand-out and appear to be the primary structure on the property. For these reasons, Planning Staff are of the opinion that the proposed variances are not considered appropriate for the desirable development of the lot. Are the variances minor? "Minor" is not determined on a mathematical basis. Neither the number of variances requested nor the percentage of difference between the permitted standard and what is proposed are counted. Instead, the question is one of whether there will be an adverse impact and what site-specific characteristics the lands may have that could mitigate those impacts. For example, on a different property in a different setting the same variances might be entirely appropriate. However, in this case, the proposed variances would result in an accessory building that is significantly larger than the existing dwelling. As the proposed variances are not considered to meet the general intent of the Zoning By-law and are not desirable for the appropriate development or use of the lot, the variances are not 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: Page 59 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations 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. A letter of support was submitted by the neighbours located at 2253 Lakeshore Road East and 2252 Lakeshore Road East. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Alderville First Nation —An archaeological assessment will need to be completed prior to disturbing the soils in any way. This property is directly on waterfront, and as such has a high potential for archaeological resources to be present as well as the potential for burials. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comment. With respect to the comments received from the Alderville First Nation requesting the preparation of an archaeological assessment, Planning Staff is of the opinion that no planning or archaeological objectives would be furthered through requiring the applicant to undertake an archaeological study in this particular situation as the subject lands are already developed in this established shoreline residential area. 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-33 be deferred to provide the applicants the opportunity to address Planning Staff's comments. Respectfully submitted, Catherine McCarroll, RPP, Intermediate Planner, August 29, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 30, 2023 Derek Witlib, RPP, Director, Development Services September 1, 2023 Page 60 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map aid Ewa N r a c J 385 — 1 2262 504 2244 2265 2212 d e, Robinson St. 2237 2211 y 530 Lake Simcoe L- Location Subject Lands Ioll�ttslliyrf # ���/ Proud Heritage,Exciting Futrn-e 0 loom File Number:2023-A-33 I i i I Page 61 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re'... Schedule 2: Aerial Photo �f ,p 2r282 ' ;;r - 2264 ;�► 2r258 �2r256 '�,225 22) "at 225© 225 Rd�Aaw, 2r248 2r246 ' 2244 s to - I 2238 ...,�" akeS��Ce F�a �. �, 2r2.65 L 2261 +. 2259 2r257 � . ;. 2255 2r253 2r251 ,. 2r249 �ti 2r245 ! 2�241 � 2239 _. j] .A Aerial —7 /l� OII�i UV i -��J��w Q Subject Lands /L4J/�/� C Proud Heritage,Exciting FlIfI41C 0 100 Ill File Number.2023-A-33 Page 62 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Site Plan s*—AvLMTSH0RE ROAD P Proposed Detached Accessory Building LOT 55 • 1I` � LY Tf 53}Il 7 �. Y 6iT a Y �h �yN * 01* a ixxa.Y^..ea LAK M.�.00~ ci Zoot�rsJ��p c��. Site Plan [Y, .r��tt. Proud Heritage,F.xcitirrt,Pare File Number:2Q23-A-33 Page 63 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings ---- - P -4 r.: ..4- Orr 00 00 ' Qo 00 00 00 00 00 West Elevation North Elevation ----------- ------ �.� ® ED 1 -. 1 1 = ® Tm " F " 4 a 1 South Elevation East Elevation Elevation Drawings -4*54 Toot�qr Frakd Hrrila,e,&xcitinq Future File Number,2023-A.33 Page 64 of 225 6.b) 5.55 p.m. DS2023-071 , Catherine McCarroll, Intermediate Planner re'... Schedule 5: Floor Plans 0.2 1st Floor: I I I I I I I I I 3 d2 I YVG' �tl`$ I 6-BC'—r—JC 2nd Floor: b ---- r--�..._a----� r----- - -ram•- a SS�YrY i'.f TYrT I'dl{ srJK' 4 �•f Floor Plans Fraud Heritaze,Exciting Future File Number,2022-A-33 Page 65 of 225 Minor Variance Application 2023-A-33 (Tomingas) Location: 2249 Lakeshore Road East 2244 Zoning: Shoreline Residential (SR) 2 0 N Rd` O Official Plan: Shoreline Sn°te W Lade o v Current Use: Residential 2237 v n Lake n v Simcoe o v m rn 3 N (D N V1Y/G"elvE:.Cl.(!IlGG v Pr—d Heritage,Exciting Fufurr Minor Variance Application 2023-A-33 (Tomingas) Purpose: The applicant is proposing to construct a detached accessory building (garage) and is seeking relief to the following sections of Zoning By-law 97-95, as amended: o CD N Section 5.1.4— Maximum Height o Required: Proposed: w 4.5 metres 14.7 feet 5.3 metres 17.4 feet o Section 5.1.5— Maximum Lot Coverage n Required: Proposed: v 5% 5.6% m =' Section 5.1.6— Maximum Floor Area m Required: Proposed: 0 70.0 square metres (753.5 square feet) 1st floor: v 71.3 square metres (768.0 square feet) 2nd floor: 59.2 square metres (637.2 square feet) - m Total: CD m � 130.5 square metres 1,405.2 square feet 3 o CD CD rIjN (9Township of Cal {�Q� �E� Praiir(HrrinRr,Ezrifing Ferliirr CD CD Minor Variance Application 2023-A-33 (Tomingas) Cr Aerial Photo: r,�p' P Cn 01 2�261 2259 0 2255 O z 221,1 2249 x 2�245 m 2241 =3 N �h o v m m rn 3 0CD Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2023-A-33 (Tomingas) Cr Existing Zoning: \ CCn n 3 ESR CD IN) O N W Lakeshore Rd.E O v n v sl =r (D (D n r SR Shoreline Residential) Lake ` Subject Lands ( 0 A/RU(Agricultural/Rural) 2-_ v EP(Environmental Protection) Simcoe _ (DCID -� rn 0 { (D N ~ Pr—d Heritage,Exciting Fufurr CID Minor Variance Application 2023-A-33 (Tomingas) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: CD dE o R N Lakeshore W 0 e v akeshor _akeshore Rd E y ((D =. (D n n 0 v — CJ Subject Lands 0 Rural fiSubjecti-ands Greenlands Subject Greenlands =3 Jo Shoreline Rural -Rural m Shoreline J 3 O (D 0 N ~�Q N �i�oG�^e,�2tPi v. Pr—d Heritage,Exciting Fufurr Minor Variance Application 2023-A-33 (Tomingas) - - cn Applicant's Site Plan: ��fi'�. � pxessory 6uiitlin9 (n Cn Az 3 LOT 56CD �' y O lOT 5- (N O rt (D =. d 7+ (D .r" CD A v 01 LmuM� we, { (D Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2023-A-33 (Tomingas) Applicant's Elevation Drawings: Cn Cn CD 0 0 00 0 CD =3 yrr �, ----------- ------ - �� m CD ED 0 ------------ L------ -—------------- 1B T 1B CD EXTEPICRItIVATION EXTERIOR ELEVATION n % 3 CD Pr—d Heritage,Exciting Ft,,e CD =3 =3 CD Minor Variance Application 2023-A-33 (Tomingas) Applicant's Floor Plans: Cn 1 V/0/r� 1 ! I L 0 § I L § 4 I I L I MAIN LEVEL FLOOR PLAN(769 SO.FF.))� -r-ram CD (D 0 ® v x C� CD WUPPER LEVEL FLOOR PLAN(59)SOFT.I 0 �rr—I—r.—I—nr—I—rP—�rnr� « { CD Pr—d Heritage,Ex W,,g Future CD CD Minor Variance Application 2023-A-33 (Tomingas) O .aa t r v xy - m w m r 0 CD Looking Northeast along Looking Southwest along 0CD N) Lakeshore Road East Lakeshore Road East_— s � l 'l/�e� Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2023-A-33 (Tomingas) �7V, ,1 i4g N O - W , O Variance Application 2023-A-33 J Torvnsnla of Oro-Metlon[c /� n�uxicivncnoonsxs....uxccxov=ro,,o..., lW N xsnxxc onre.sevrexeex oe acv m�V 6 m• 1 ✓a n 1 t All St v (D Public Notice Sign CD cNn /Y E'LCl'1iLtPi I CD Pr—d Hn img,,E-iiinq Feehnr CD Minor Variance Application 2023-A-33 (Tomingas) l � CD 5 ON i W , O ^ v (D =. A (D 1 n s O Existing single detached dwelling ,CD N Vi�oG'^ef l��K�CG(112tPi Pr-d Heritage,Exciting Fufurr CD CD Minor Variance Application 2023-A-33 (Tomingas) , r f d y f ^ l F V0 N O CD CD _ r d — Location of the proposed View of the property from the road CD N accessory building rhpf ,• - CD C � ��� Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2023-A-33 (Tomingas) CD .�" O v CD 11 (D Irk • fx E r. a� zd J CD CO Existing vegetation along the interior side lot lines Q Cn N lJ1Y/Ge lvCC�l.l.(/I Pr—d Heritage,Exciting Fufurr CD CD Minor Variance Application 2023-A-33 (Tomingas) Cr Recommendation: Defer It is recommended: 3 0 1. That Report No- DS2023-071 be received and adopted_ N 0 N 2. That Minor Variance Application 2023-A-33 by David Tomingas specifically for permission to build a detached o accessory building with an increase in height of 5.3 metres (17.4 feet), increase in lot coverage of 5.6% and increase in floor area of 130.5 square metres (1,405.2 square feet), on lands municipally known as 2249 n Lakeshore Road East, Township of Ora-Medante; be deferred to provide the applicant the opportunity to v address Planning Staffs comments and at the applicant's request. m 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary- C Treasurers signature. 0 v 0 v CD - m m cfl 3 o .m N /�]Toumsh;p of � Ul �1-i/tQ'��—��GV7GGG � P,—d HnHMg,,Es W,%Ferhirr CD CD 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... t Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: September 6, 2023 Report No.: DS2023-075 Subject: Minor Variance Application 2023-A-34 by Richard Morsink and Caroline Bouma Morsink, 201 Lakeshore Road West Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2023-075 be received and adopted. 2. That Minor Variance Application 2023-A-34 by Richard Morsink and Caroline Bouma Morsink, specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced front yard setback of 2.59 metres (8.49 feet) and an interior side yard setback of 1.9 metres (6.2 feet), on lands municipally known as 201 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-075. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, as amended, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law-, b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee-, c) That the applicant maintains and preserves the existing vegetative buffer along the northerly and easterly property lines, or replaces it with a similar vegetative buffer if destroyed-, Development Services September 6, 2023 Report No. DS2023-075 Page 1 of 17 Page 80 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling addition is located no closer than 2.59 metres (8.49 feet) from the front lot line and 1 .9 metres (6.2 feet) from the interior side lot line; and, e) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands are located at 201 Lakeshore Road West and currently support a one-storey single detached dwelling and a boathouse. The lands have a road frontage of approximately 31 .7 metres (104.0 feet), a shoreline frontage of approximately 31 .0 metres (101.7 feet) and a lot area of 0.24 hectares (0.59 acres). A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2. The purpose of Minor Variance Application 2023-A-34 is to permit the construction of an addition (attached garage) to the front of the existing single detached dwelling with a reduced front yard and easterly interior side yard setback. Specifically, the applicants have requested relief from the following sections of Zoning By-law 97-95, as amended: Section 4.0 — Table B 1 Standards for Single Detached Dwelling in Shoreline Residential (SR) Zone Minimum Front Yard Setback Required: 7.5 m (24.6 ft) Proposed: 2.59 m (8.49 ft) Minimum Interior Side Yard Required: 3.0 m (9.8 ft) Proposed: 1 .9 m (6.2 ft) Setback The applicants site plan, elevation drawings and floor plan are included as Schedule 3, 4 and 5 to this report. Development Services September 6, 2023 Report No. DS2023-075 Page 2 of 17 Page 81 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Analysis Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 - Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed single detached dwelling addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. In accordance with Section 6.45-DP(c), "expansion to existing buildings...are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature of the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed addition is located at the roadside and will not encroach any closer to the lake than the existing dwelling. The subject property is located within the LSRCA's regulated area. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and Development Services September 6, 2023 Report No. DS2023-075 Page 3 of 17 Page 82 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... at the time of writing this report, no comments have been received. Committee shall have regard to any comments received. Condition e) to this report requires an LSRCA permit should it be required. On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 28 of the Conservation Authorities Act, which speaks to regulation of areas over which conservation authorities have jurisdiction, was amended with the following new policies: "Same, Planning Act (4.1) Subject to subsection (4.2), the prohibition in subsection (1) do not apply to an activity within a municipality prescribed by the regulation if, (a) the activity is part of development authorized under the Planning Act; and, (b) such conditions and restrictions as may be prescribed for obtaining the exception and on carrying out the activity are satisfied. Same (4.2) If a regulation prescribes activities, areas of municipalities or types of authorizations under the Planning Act for the purposes of this subsection, or prescribes any other conditions or restrictions relating to an exception under subsection (4.1), the exception applies only in respect of such activities, areas, and authorizations and subject to such conditions and restrictions." More clearly, any development that is authorized by the Planning Act is exempt from Conservation Authority approval. This particular Bill 23 change is not in effect yet and will come into force on a day to be named by proclamation of the Lieutenant Governor. Until such time, the subject lands are regulated by the LSRCA and the applicants will be required to obtain a LSRCA Permit prior to submitting their Building Permit application. The requirement for a LSRCA Permit has been included as a recommended condition of approval. County of Simcoe Official Plan The property is designated Rural in Simcoe County's Official Plan (refer to Schedule 6). The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed single detached dwelling addition is consistent with the County's Official Plan as it is a permitted use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services September 6, 2023 Report No. DS2023-075 Page 4 of 17 Page 83 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Township's existing Official Plan (1997) and Adopted Official Plan (2022) (refer to Schedules 7 and 8 respectively). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Permitted uses in the Shoreline designation include single detached dwellings. Planning Staff considered the proposed application within the context of the surrounding shoreline residential properties and the established character and built form of the shoreline area. Upon site visit, Planning Staff noted that the proposed addition to the existing dwelling will not stand-out, look out of place or detract from the character of this shoreline residential area. The Owners will be required to obtain a Building Permit for the proposed addition and at that time confirmation will be provided to the Township if the existing septic system is able to accommodate the proposed addition. Furthermore, as the proposed addition is located towards the roadside, no impacts are anticipated to the shoreline and the nature of the development will not affect any natural features or functions. On this basis, the requested variance for an addition to the existing single detached dwelling conforms to the adopted Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended (refer to Schedule 9). The applicant is proposing to construct an addition (attached garage) to the front of the existing dwelling and is seeking relief from Development Services September 6, 2023 Report No. DS2023-075 Page 5 of 17 Page 84 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... the Zoning By-law to permit the construction of the addition with a reduced front yard setback, from 7.5 metres (24.6 feet) to 2.59 metres (8.49 feet) and interior side yard setback, from 3.0 metres (9.8 feet) to 1.9 metres (6.2 feet) from the easterly lot line. The general intent of the Zoning By-law in prescribing a minimum front yard setback is to ensure separation of structures from the road allowance, to ensure that there is sufficient amenity space and parking on the property, and to match the front yard setbacks of interior lots along the street. In this case, the subject property is a corner lot with the house being oriented to face McHugh Street with the driveway coming off of McHugh Street as well. The perimeter of the property is lined with mature vegetation that provides privacy from McHugh Street, Lakeshore Road West and the adjacent property to the east. It is not anticipated that the proposed addition to the dwelling will result in the removal of or damage to the property line vegetation; nevertheless, in the interest of maintaining a level of privacy and continuing the existing screening of the proposed addition from the street and abutting property, Planning Staff have recommended as a condition of approval that the applicants provide remedial planting, if needed. The Zoning By-law's requirement for a minimum interior side yard setback of 3.0 metres (9.8 feet) in the Shoreline Residential (SR) Zone is intended to provide spatial separation between properties, as well as provide space for access and maintenance around buildings and structures. The applicant is proposing an easterly interior side yard of 1.9 metres (6.2 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, the requested variances are considered to meet the general intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff's overall assessment is that the proposed development is that it would have no new or aggravating negative impacts on Lake Simcoe or on the existing neighbourhood in comparison to the existing development on the lot. The lands would still retain adequate space for functional matters such as a septic system, well, parking and outdoor amenity area. Prior to issuance of a Building Permit, the owner would be required to prepare an Engineered Lot Grading (ELG) Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact the neighbouring lots. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Development Services September 6, 2023 Report No. DS2023-075 Page 6 of 17 Page 85 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variances are minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township 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 Infrastructure and Capital Projects — Operations has no comments on this application. Development Services September 6, 2023 Report No. DS2023-075 Page 7 of 17 Page 86 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... • Alderville First Nation — as this property is waterfront, an archaeological assessment is required. Cultural resources as well as human burials are high risk potentials within 300m of a waterbody. With respect to the comments received from the Alderville First Nation requesting the preparation of an archaeological study, Planning Staff is of the opinion that no planning or archaeological objectives would be furthered through requiring the applicant to undertake an archaeological study in this particular situation as the subject lands are already developed in this established shoreline residential area. Attachments Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawing Schedule 5: Applicant's Floor Plan Drawing Schedule 6: County of Simcoe Official Plan — Land Use Schedule 7: Township Official Plan — Land Use Schedule 8: Township Adopted Official Plan — Land Use Schedule 9: Existing Zoning Conclusion Planning Staff recommends that Minor Variance Application 2023-A-34 be approved, specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced front yard setback of 2.59 metres (8.49 feet) and reduced easterly interior side yard setback of 1 .9 metres (6.2 feet), on lands municipally known as 201 Lakeshore Road West, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, August 25, 2023 Approvals: Date of Approval Derek Witlib, RPP, Director, Development Services September 1, 2023 Development Services September 6, 2023 Report No. DS2023-075 Page 8 of 17 Page 87 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 52 54 J6�f� 60 N 61 1075 166 64 1073 y 168 1074 to — \ 170 C 172` 19d � J 174 � �171 198 196 192 �� 175 173 204 200 �I 177 202� 208 y 206 \ , OSe fLd.W r 185 1183 212 210 1 \ �. �a esn l 187 ,---�✓ 216 991 �f 199 197' —201 1 207 I 217 I 209 ?19 211 Lake Simcoe Location ® Subject Lands Ti hi �r��"�� Proud Heritage,ExcWng Future 0 loom File Number:2023-A-34 N i I Development Services September 6, 2023 Report No. DS2023-075 Page 9 of 17 Page 88 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo 107 ' Ad w 194 198 19E 192 200 2Q2,. 2r06 r 212 216 eSeRd,Vd._ k tia 1J1 9�s t99 197 r L 207` 217 219 211 209 Aerial Tatirrsl rip nr Q Subject Lands �� � Proud 14erira.V,&xcidug Fature a 100 m File Number:2023-A-34 i r i Development Services September 6, 2023 Report No. DS2023-075 Page 10 of 17 Page 89 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicants Site Plan �bPOSEo —�vS4,Y�• or '�Y Nah i , t Site Plan 0;UifYf7 � C.' Proud Heritage,Fxrhhi c Feature File Number:2023-A-34 Development Services September 6, 2023 Report No. DS2023-075 Page 11 of 17 Page 90 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Applicants Elevation Drawing FM ___ ___________ \y YSSi El£YAnON f i _________________.__ __ _____________ EASE ElfyRncry E --------------------------------- A i1�rsiN[cE Anfxe �l2SSX^' Elevation Drawings �j5]�'UdYMS�lip 0 `�JvPrroud Heritage,Exdtinq Feature File Number:2023-A-34 Development Services September 6, 2023 Report No. DS2023-075 Page 12 of 17 Page 91 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 5: Applicants Floor Plan 1 3L i F ^r , v F in�tia5 ic,Y Floor Plans C-01 41. 0 File Number.2D22-A-34 Development Services September 6, 2023 Report No. DS2023-075 Page 13 of 17 Page 92 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 6: County of Simcoe Official Plan — Land Use eri N m`n�xa E J Rd.E. Robinson S4. keshore T Robinson St. f Lake Simcoe Township Adopted Official Plan - Land Use Rr Subject Lands Greenlands Rur2l Tounslnpaf � Shoreline Proud Heritage,&"xciliug Future J 0 30C M File Number:2023-B-12 'V I 1 Development Services September 6, 2023 Report No. DS2023-075 Page 14 of 17 Page 93 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 7: Township Official Plan — Land Use I �I 1 i � nth i 1 Township Official Plan - Land Use CJ Subject Lands Q Environmental Protection Two U Rural f Shoreline �wi► TJP1115�11 j7 Jf Proud Heritage,Exeithi q Future 0 IN rn Al File Number:2023-A-34 Development Services September 6, 2023 Report No. DS2023-075 Page 15 of 17 Page 94 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 8: Township Adopted Official Plan — Land Use s � Tn a1 o„-nae.e R, r _ h Il---� D y ak_S".(e iRa % �� Lake �' Simcoe Township Adopted Official Plan - Land Use M Subject Lands Greenlands 1� Shoreline Toeenslnpaf 0- ��ec�a,�zte Praed Heritage,&xci6ie k,Funere J 0 30C M File Number:2023-A-34 'V I 1 Development Services September 6, 2023 Report No. DS2023-075 Page 16 of 17 Page 95 of 225 6.c) 6.05 p.m. DS2023-075, Andy Karaiskakis, Manager, Planning Services ... Schedule 9 — Existing Zoning Rl K EP � C} -s N A/RV SR SR(H) N fD iy SR J SR SR 1 I � 4ake�roveRd W- P 4qj) SR Lake SR Simcoe SR-8 Existing Zoning Aw Subject Lands RI(Residential One) To���rzshipof�s 5R(Shoreline Residential) ��+�/ �R,�G�•(!/G[�i, A/RU(Agricultural/Rural) Proud Heritage,Exrititrq Future _ EP(Environmental PFOteCtlOn) 0 90 Meters File Number:2023-A-34 1 1 , 1 1 Development Services September 6, 2023 Report No. DS2023-075 Page 17 of 17 Page 96 of 225 Minor Variance Application 2023-A-34 (Morsink) Location: 201 Lakeshore Road West 074 V 0 J 174 198 196 194 192 -1 Zoning: Shoreline Residential (SR) 206204 202 200 dw ,B3 181 1 0 210 208 es ov R last O Lak 187 N W Official Plan: Shoreline y= ,9, c04n �`flif 199 197 D Current Use: Residential -201 207 _v 217 209 fA 211 Lake w Simcoe E v >v m m 04 -U Pr-d Heritage,Exciting Fufurr =3 (D co n Minor Variance Application 2023-A-34 (Morsink) 0 Purpose: The applicants are proposing to construct an addition to the existing Cn single detached dwelling and are seeking relief to the following sections of Zoning By-law 97-95, as amended: o O N W O v Section 4.0—Table 131 Standards for Single Detached Dwelling in Shoreline Residential (SR)Zone =3 Minimum Front Yard Setback Required: 7.5 metres (24.6 feet) Proposed: 2.59 metres (8.49 feet) Minimum Interior Side Yard Setback Required: 3.0 metres (9.8 feet) Proposed: 1.9 metres v (6.2 feet) v v v v m CD 00 N Township Praiir(HrHll gr,Ez iimg Ferliirr CO CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 Aerial Photo: -� � 202 206 , . zoo ,, a a sCL 201 > 2)7��^ �1 211, -,; 209 CD 0 N _3 N =3 Pr-d Heritage,Exciting Fufurr =3 V! CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 Existing Zoning: SR SR(H) 3 Co y SR N C 0 J N W SR SR 0 oYe Rd.W• (.31 LaKes� D G9� SR s,, v `_1 Subject Lands 0 RI(Residential one) \ Lake SR(Shoreline Residential) SR C A/RU(Agricultural/Rural) Simcoe _ EP(Environmental Protection) 1 (Q CD O Q 0 N 2 Pr—d Heritage,Exciting Fufurr =3 (Q V! CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: V! � N O y\ � a.W, v_ no —� I _�� � y w cn ice��akes � �w� `aKeS D =3 1V \ La \ \- Sim v =3 (�D CJ Subject Lands Q Environmental Protection Two M Subject Lands Greenlands =3 Subject Lands Greenlands (Q Rural C) Shoreline Shoreline Rural N IN v N /�N lr_/tQ'� � _3 CT =3 Prair(HnilnRr,Esrrlinq Ferhirr � D V! n Minor Variance Application 2023-A-34 (Morsink) 0 Applicant's Site Plan: Cn N 0 �. O CL fir, i � •� � � v � � v m � o m QI Pra d HrHll gr,E-iimg Ferliirr =3 CO CD n CD U) Minor Variance Application 2023-A-34 (Morsink) 0 Applicant's Elevation Drawings: CO-- - - O N ............,................., W - O v (31 D T. v Emu v C.0 v m cQ Y ------------------ cu o CO N OTo�hip of � ^' _ Proud Heritage,Exciting Fufurr =3 CO CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 Applicant's Floor Plan: Cn 3 n W ,IY o �. CD •� � N � f O W � O r , �4 w".00 xmeva D v i CD O � N (�i�oG= .�cc�oi 2. N Pr-d Heritage,Exciting Fufurr =3 CO CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 _ F CD o -- O N W r OJ C4 v v =3 cCD v O View looking east along View looking west along CD 0 Lakeshore Road Lakeshore Road, N 7brvnshiPo� - � of, =. Praiir(HrHMg,E-ririnq Ferliirr CO CD n CD Minor Variance Application 2023-A-34 (Morsink) O CD r cn N O O v C31 D �T View looking north along View looking south along View of subject lands from 0) McHugh Street McHugh Street Lakeshore Road N =3 Pra d HrHll gr,E-iimg Ferli,rr =3 CO CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 CD N O O v C31 - D v v v Existing dwelling and proposed View of subject lands from CD Q addition McHugh Street N phi l�fY/G' _3 NJ =3 P-4 Heritage,Exciting Fufurr =3 V! CD n CD Minor Variance Application 2023-A-34 (Morsink) o yPCD O " N W O v Cn v 1 � A to v v C) Location of proposed additionCO N N =3 ""d Heritage,Exciting Fufurr =3 V! CD n CD Minor Variance Application 2023-A-34 (Morsink) o CD g O. � n ■ � � ,_ > D v CD v v m � View of proposed addition CD �/- v N efl��K�CG(!I _ Pr—d Heritage,Exciting Fufurr =3 CO CD n CD Minor Variance Application 2023-A-34 (Morsink) 0 Recommendation: Approve It is recommended: 3 1. That Report No. DS2023-075 be received and adopted. 0) N 2. That Minor Variance Application 2023-A-34 by Richard Morsink and Caroline Bouma Morsink,specifically to permit the o construction of an addition(attached garage)to the existing single detached dwelling with a reduced front yard setback of 2.59 w metres(8.49 feet)and an interior side yard setback of 1.9 metres(6.2 feet),on lands municipally known as 201 Lakeshore Road o West,Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-075. — 3. The conditions are as follows: D a) That notwithstanding Table B1 of Zoning By-law 97-95, as amended,the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant maintains and preserves the existing vegetative buffer along the northerly and easterly property lines,or (' replaces it with a similar vegetative buffer if destroyed; d) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing,the foundation,that the dwelling addition is located no closer than 2.59 metres(8.49 feet)from the front lot line and 1.9 metres(6.2 feet)from the interior side lot line;and, v e) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit, Engineered Lot Grading Plan v m and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding,as cc CD provided for within the Planning Act R.S.O. 1990,c.P. 13. 0 o � 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. N 7nioirh =3 =3 cQ co m 0' m 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Township of Staff Report Proud Heritage,Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: September 6, 2023 Report No: DS2023-073 Subject: Minor Variance Application, 2023-A-35, Amanda Davis, 493 Penetanguishene Road Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-073 be received and adopted. 2. That Minor Variance Application 2023-A-35 by Amanda Davis specifically for permission to construct an addition to the dwelling within the Environmental Protection (EP) Zone and to construct a new detached accessory building with an increase in area, height and reduced setback from the EP Zone on the lands municipally known as 493 Penetanguishene Road, Township of Oro-Medonte, be approved subject to the conditions outlined in Report DS2023-073. 3. The conditions are as follows: a) That notwithstanding Table A5, Section 5.16.1 c), 5.18, 5.27, 5.1 .4, 5.1 .6 5.27, the addition and detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the addition and 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; d) That the applicant applies for and obtains a County of Simcoe entrance permit; e) That the applicant applies for and obtains an NVCA permit; f) That the applicant applies for and obtains a Building Permit for the dwelling addition, prior to the permit for the detached accessory building Development Services September 6, 2023 Report No. DS2023-073 Page 1 of 16 Page 111 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... and that the detached accessory building shall not receive occupancy prior to the dwelling addition; and, g) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 1.5 hectares (3.7 acres) and contains a single detached dwelling. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. There is a watercourse that runs through the property to the east of the dwelling and as a result a portion of the property is zoned Environmental Protection. The current dwelling is located partially within the Environmental Protection (EP) Zone. The applicant is proposing to construct a detached accessory building and an addition to the existing single detached dwelling. The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: Single Detached Dwelling Section 3.1, Table A5 — Permitted Uses Environmental Protection EP Zone Permitted. Only existing uses permitted. Proposed. No buildings or structures, except those required Second storey addition to existing for flood or erosion control. single detached dwelling Section 5.16.1 c — Enlargement, Non-com lying Structures Required. Proposed: Does not increase a situation of non- Increase size of structure in EP Zone. compliance. Section 5.18 - Non-conforming Uses Permitted. Proposed: Buildings or structures existing before Second storey addition to existing single November 5, 1997. detached dwelling Section 5.32 — Setback from Water Courses Required. Proposed: Minimum 30.0 metres 98.4 feet 16.2 metres 53.1 feet Detached Accessory Building Section 5.1.4 — Maximum height, detached accessory building Required: Proposed: 4.5 metres 14.7 feet 6.2 metres 20.3 feet Development Services September 6, 2023 Report No. DS2023-073 Page 2 of 16 Page 112 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Section 5.1.6 — Maximum floor area, detached accessory building Required: Proposed: Agricultural/Rural (A/RU) Zone, the 1st floor— 120.7 sq.m. (1,300.0 sq.ft.) maximum floor area of any one detached 2nd floor— 110.6 sq.m. (1,191 .0 sq.ft.) accessory building or structure is 100 square metres 1076.4 square feet). I Total — 231.4 sq.m 2,491 .0 sq.ft.) Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required. Proposed: Minimum 30.0 metres (98.4 feet) �5.5 metres (18.0 feet) Section 5.32 — Setback from Water Courses Required. Proposed: Minimum 30.0 metres 98.4 feet 18.6 metres 61 .0 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 3.1 — Natural Hazards are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this minor variance application and has noted that all concerns have been addressed through a pre- consultation process and they have no objection to the approval of the minor variance application, however, an NVCA permit is required. Planning Staff is of the opinion that the proposed development is consistent with the Natural Heritage policies of the PPS, as the proposed structures are not anticipated to have any negative impacts on the natural heritage features as it will not encroach any closer to the watercourse than the existing single detached dwelling. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicant is proposed structures that are a permitted use. Development Services September 6, 2023 Report No. DS2023-073 Page 3 of 16 Page 113 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). The applicant has gone through a pre-consultation process with the NVCA and has addressed all hazards associated with the proposed structures (refer to Schedule 7). An NVCA permit is required to be obtained by the applicant. Planning Staff are satisfied that the proposed structures will not negatively affect the natural features. 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 Official Plan The property is designated Greenlands in the County of Simcoe's Official Plan. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. The County of Simcoe has provided comments and have no objection to the application. They have no record of an Entrance Permit being issued for the existing entrance on this property. If a valid permit cannot be produced, this entrance would be considered `Legal non-conforming'. The County is requesting that the owner apply for a Residential Entrance Permit in the interest of updating the status of this entrance. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the dwelling addition and construction of a detached accessory building is considered an accessory use to the existing residential use on the subject lands. Development Services September 6, 2023 Report No. DS2023-073 Page 4 of 16 Page 114 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing Official Plan will be repealed once the updated Official Plan is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural in the current Township's Official Plan and Greenlands in the Adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. The intent of the Greenlands designation is to maintain and enhance the ecological integrity of the natural heritage system and to minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide. Pursuant to the policies of the Plan, permitted uses within the Greenlands designation are existing lawful uses, restricted to the provisions of the applicable existing zoning as of the date of the approval of the plan, which includes single detached dwellings and by extension accessory uses to the residential use. There is a watercourse that runs through the middle of the property near the dwelling; therefore, Section B5.1 .2 is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30 metres of the top of bank. Since the structures will not be encroaching any closer to the watercourse than the existing dwelling, Planning Staff is satisfied that there will not be any adverse impacts on the watercourse as a result of the addition and accessory building. Staff have received supportive comments from the NVCA. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as illustrated on Schedule 5 to this report. The EP Zone serves as a protective buffer around a watercourse that runs through the middle of the property. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. Development Services September 6, 2023 Report No. DS2023-073 Page 5 of 16 Page 115 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Single Detached Dwelling Addition The Township's Zoning By-law limits the types of uses that are permitted in the EP zone, setbacks from the EP zone and from watercourses in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. The applicant has gone through a pre-consultation process with the NVCA and has addressed all hazards associated with the proposed dwelling addition. NVCA staff have noted that the addition may not exceed the original habitable ground floor area of the dwelling. The proposed addition will not be any closer to the EP zone or water course than the existing structure. An NVCA permit is required. Planning Staff are satisfied that the proposed structure will not negatively affect the natural features. Detached Accessory Building The purpose and intent of the maximum height and floor area of a detached accessory building is to ensure that the structure remains secondary and subordinate to the main use of the property, being the residential dwelling. The existing dwelling is a raised bungalow (1 ,700 sq.ft), with a proposed second floor addition (1 ,000 sq.ft.). With the proposed addition to the dwelling, the proposed detached accessory building will be smaller in size. Planning Staff have added condition d) to this report which will require the applicant to apply for an obtain the building permit for the dwelling addition prior to applying for the detached accessory building permit, and that the detached accessory building shall not receive occupancy prior to the dwelling addition. This condition is necessary as Planning Staff would not be able to provide support as the accessory building would be the main use of the property given the proposed size of the accessory building and the existing dwelling. The Township's Zoning By-law limits the types of uses that are permitted in the EP zone, setbacks from the EP zone and from watercourses in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. The applicant has gone through a pre-consultation process with the NVCA and has addressed all hazards associated with the accessory building. An NVCA permit is required to be obtained by the applicant. Planning Staff are satisfied that the proposed structure will not negatively affect the natural features. For the reasons outlined above, the requested variances are considered to meet the purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed use to stand out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff have identified that the property is clearly developed residentially, with a fence indicating the extent of the residential use to the environmental protection area. The proposed structures will not be closer to the EP Zone or watercourse than the existing dwelling. The applicant has worked with NVCA on their plans to create a satisfactory Development Services September 6, 2023 Report No. DS2023-073 Page 6 of 16 Page 116 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... development to their standards. The detached accessory building will appear secondary and subordinate to the proposed dwelling. Staff have added condition d) to this report, that will require that the applicants obtain the building permit for the dwelling addition, prior to the permit for the detached accessory building to ensure that the accessory building is to remain smaller, secondary, and subordinate to the main use of the property (dwelling). Planning Staff are 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 variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the use exists on the property and is small in scale and residential in nature. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council choose to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development is consistent with the Strategic Plan. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre Development Services September 6, 2023 Report No. DS2023-073 Page 7 of 16 Page 117 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments • Township Development Engineering/Jones Consulting —the applicant will require to follow lot grading policies found in the development standards • Township Building Department: o Owner/applicant to be aware that a septic verification of existing system or a new septic permit will be required for the addition. o Building permit will be required for both the addition and for the detached accessory structure. • NVCA : o An ESC plan will be required when applying for the permit o The additional storey may not exceed the original habitable ground floor area of the dwelling o No concerns • County of Simcoe o no concerns o The County of Simcoe has no record of an Entrance Permit being issued for the existing entrance on this property. If a valid permit cannot be produced, this entrance would be considered `Legal non-conforming'. The County is requesting that the owner apply for a Residential Entrance Permit in the interest of updating the status of this entrance Attachments Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation drawings, Dwelling Addition Schedule 5: Elevation drawings. Detached Accessory Building Schedule 6: Zoning Map Schedule 7: NVCA Comments dated August 23, 2023 Conclusion Planning Staff recommends that Minor Variance Application 2023-A-35 be approved, on the basis that the application conforms and is consistent with applicable Provincial, County and Township land use policies. Respectfully submitted, Danielle Waters, Planner Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 31, 2023 Derek Witlib, RPP, Director, Development Services September 1, 2023 Development Services September 6, 2023 Report No. DS2023-073 Page 8 of 16 Page 118 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map s I 617 24 l27 2620 c—ore Ria9=Rd.w_ 2621 559 551 —L 1 f 1 93 L f �I � c �I of O1 C M Q) a 4s9 493 461 479 443 Location M Subject Lands 0 Township Prond Heritage,Exching Fetvre 0 loom File Number 2023-A-35 N Development Services September 6, 2023 Report No. DS2023-073 Page 9 of 16 Page 119 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo m�nrohr .Raw .r as��Ra •'7 ,I. , �7�- 490 4a� " . 4" oe A- r .gym.. � 493* E 'Jaw 7.1 Aerial Q Subject Lands Proud Herifnke,L*xfifina, Forme 0 100 rn Development Services September 6, 2023 Report No. DS2023-073 Page 10 of 16 Page 120 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Site Plan A/KU I I I , calac leXw-0uPr�r F AS(fR M.N0.Z(i8-DL IEkSw. u3M.xx I ® i f � __._.6' 1_]lARAIK PEWiR➢in !� 1 A/ILU Ifs m _ ,v .so 7 EP ' I I I ! + X _., T� 1 LA I = I I I Y �T`,pg' w PFM HbO 1 i t i I '� I I 'I 1 l ` •. \ .ass- I 1 Lj I i i ro+cc�eoe am Nu are-m } I i AIRu i _ f EP LOT STATIST(';-"WRACE IC"E AIRU IGGRNN '�x IRBNx YNO 4N SR1M ]i]Yn Sa.:.m xCM YW9(ml ?wF(�w) tlip.. t;p;q,. sL mcn fIWY*Ov K .o{1w] w axc vvm[mid x.b(uet7 /nEX Iq T1 �Ob.b{Nap .kuraoe[..dam PM 1 N/X v -La{lIYC{ NX •NHfR 1'M4NNf KWIPCP J� Twc j�r Site Plan Praud Heritage,Exciting F:dture File Number:2023-A-35 Development Services September 6, 2023 Report No. DS2023-073 Page 11 of 16 Page 121 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Elevation Drawings, Dwelling Addition i171 I yy` I I I`I` �IIIIII 11 �.. ➢ Dwelling Elevations Proud Heritage,Fxriting Fwure File Number 2923-A-35 Development Services September 6, 2023 Report No. DS2023-073 Page 12 of 16 Page 122 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Schedule 5: Elevation Drawings, Detached Accessory Building 7 WRW LO' �auis-uwwrtnar�orrs ar i an+�vn. THnoucH eocTse re•ns. r.a.wa_� m N WITH W oaxasF w3 0.tt4DCB _ _SECCu 2r�fPGrl� — I��dV_T�sL€r3'if CP:.vA+NSs ,}yzlTxve'%AiE � �s=vw..xere sua 16z+B'oiEa N'•B'Fppi+.q SriS1'a3Y FD6TMB ry��-. �a to4E. Detached Accessory Elevations Tou4uln p of Proud Heritage,Exritirng Future File Number:2023-A-35 Development Services September 6, 2023 Report No. DS2023-073 Page 13 of 16 Page 123 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re- Minor Variance A... Schedule 6: Zoning Map ED A/RU fd .Aa.w... O Q` O ED ALRU A/RU Gore Rd`_����41 ,ED-206(H) A/RU e kd,yy, �J Al RU � 93! C j II � H m } IQ j alh___ ALRU i - + 1 AIRUCH) I I Existing Zoning r� Floodplain FP(H)(Floodplain Overlay-Holding) �� Subject Lands !`,7bumns)hip g- Eb(Economic Development) /l/Jr fe �r A/RU(Agricultural/Rural) ���✓✓✓ L'rnnd Ficrirnge,L-:xriNlgQ Foifltre _ EP(Environmental Protection) Q 190 Meters N I J Development Services September 6, 2023 Report No. DS2023-073 Page 14 of 16 Page 124 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Schedule 7: NVCA comments �ypsA I y Nottawasaga Valley N Conservation Authority August 23, 2023 SENT BY EMAIL Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL ZED Attn: Andy Karaiskakis Secretary Treasurer planning@oro-medonte,ca RE: Application for Minor Variance Town File No. 2023-A-35 493 Penetanguishene Rd NVCA ID #50255 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff are in receipt of an application for a proposed minor variance to permit a detached accessory structure with a reduced setback to Environmentally Protected lands from 30 metres to 18.8 and a second floor addition within a flood hazard on the lands located at 493 Penetanguishene Road,Township of Oro-Medonte. NVCA staff have received and reviewed the following documents submitted with this application: [MNT Consulting] "Lot Grading and ESC Control Plan" [Dated: 3uly 27th, 2023] Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 172106. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Oro-Medonte and with advisory comments related to policy applicability. Ontario Reaulation 172/06 1. The NVCA mapping for the property illustrates a wetland interference hazard, meander erosion hazard, and flood hazard are located on the property. Due to these hazards, the subject property is entirely regulated pursuant to Ontario Regulation 172/06 the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Permits would be required from the NVCA for the proposed application. Nottawasaga Valley Conservation Authority 8195 8"Line,Utopia,ON LOM 1Td T:705-424-1479 F: 705-424-2115 A member of Conservation Ontario Development Services September 6, 2023 Report No. DS2023-073 Page 15 of 16 Page 125 of 225 6.d) 6.15 p.m. DS2023-073, Danielle Waters, Planner re: Minor Variance A... Application for Minor Variance Town File No.2023-A-35 493 Penetanguishene Rd NVCA ID#50255 August 23,2023 3. Should the applicant intend to make further changes, staff recommend that the applicant(s) pre-consult with our Permits and Regulations Department to determine permit requirements. Natural Hazard - Reaulatory Comments 4. The application has been reviewed during a pre-consultation with the NVCA. Concerns associated with the hazards have been addressed for the accessory detached structure. 5. Requirements such as flood proofing will be determined during the permitting process. Flood proofing must be .3 metres above the estimated flood depths. 6. An ESC plan will be required when applying for the permit. 7. The additional storey may not exceed the original habitable ground floor area of the dwelling Provincial Policy► Statement PPS (2020) 8. The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act. The application would permit the construction of a structure. 9. The NVCA has no concerns as it relates to the development. Conclusion The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of the application. Please feel free to contact the undersigned at extension 233 or tboswell@nvca.on.ca should you require any further information or clarification on any matters contained herein. Sincerely, Tyler Boswell Planner I Page 2 or 2 Development Services September 6, 2023 Report No. DS2023-073 Page 16 of 16 Page 126 of 225 Minor Variance Application 2023-A-35 (Davis) Location: 493 Penetanguishene Road Cn 93 a' 3 Zoning: Agricultural/Rural (A/RU) and o Environmental Protection (EP) o 1 m W a � Official Plan: Agricultural W 499 --- Current Use: Residential CD CD 461 479 443 (D (D N � v (D N T—hip of Araard HnilnRr,Ezrifing Ferl,irr � n CD D Minor Variance Application 2023-A-35 (Davis) ;z Purpose: The applicants are proposing to construct a detached accessory building and an Cn addition to the existing single detached dwelling and are seeking relief to the following sections P of Zoning By-law 97-95, as amended: o Single Detached Dwelling N Section 3.1,Table A5—Permitted Uses Environmental Protection EP Zone Permitted: Only existing uses permitted. Proposed: No buildings or structures,except those required for flood Second storey addition to existing single detached dwelling o or erosion control. w 0 v Section 5.16.1 c —Enlargement, Non-complying Structures =3 Required: Proposed: T__ Does not increase a situation of non-compliance. Increase size of structure in EP Zone. m Section 5.18- Non-conforming Uses CD Permitted: Proposed: Buildings or structures existing before November 5, 1997. Second storey addition to existing single detached dwelling _ Section 5.32—Setback from Water Courses =3 m Required: Proposed: CD ry Minimum 30.0 metres 98.4 feet 16.2 metres 53.1 feet o CD N Tomnshipof QI O Praiir(HrrilnRr,Ezrifing Ferliirr � M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) Purpose (cont'd): Cn Detached Accessory Building 0 Section 5.1.4—Maximum height, detached accessory building N Required: Proposed: 0 4.5 metres 14.7 feet 6.2 metres 20.3 feet N w 0 Section 5.1.6—Maximum floor area, detached accessorybuildin w Required: Proposed: _ Agricultural/Rural (A/RU)Zone, the maximum floor area 15t floor— 120.7 square metres(1,300.0 square feet) of any one detached accessory building or structure is 2"d floor—110.6 sq.m. (1,191.0 sq.ft.) 100.0 square metres 1,076.4 s uare feet . Total—231.4 s .m 2,491.0 s .ft. m Section 5.27—Setbacks from Limits of Environmental Protection Zone Required: Proposed: m Minimum 30.0 metres 98.4 feet 5.5 metres 18.0 feet v� � v cQ =3 CD CD m N � CO (D N /�N lr � s 0. O Pr—r(HnilnRr,Esrrlinq Ferhirr � M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) Aerial Photo: CD CD CD 1�44r I "� CD Wo (D CD o N V1Y/G'� 0. O Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) Existing Zoning: , A/RU /�/�r� V! N a / O W OJ m r°aiH9 W 0 !a � (D �a —,— ---- -- -- --ARU d m I ) I Subject Lands Floodplain FP(H)(Floodplain Overlay-Holding) A/RU(H) ED(Economic Development) I j----J I :3 0 AIRU(Agricultural/kral) CID :3 W EP(Environmental Protection) I I t (D rI Pr—d Heritage,Exciting Future O M. 0) n CID D Minor Variance Application 2023-A-35 (Davis) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 3 93 I I CD N I� J N O N vl d 'vi j�l W c' a al 0 =3 - -� (D (D v � r.J Subject Lands Agricultural D (Df�SubjectLands Agricultural ��SubjectLands Agricultural � Industrial Employment Area Greenlands (D W Environmental Protection One -Rural N Greenlands ZZ Policy Area N r N h'pef Pr—d Heritage,Exciting Fururr O M. 0) n D Minor Variance Application 2023-A-35 (Davis) Applicant's Site Plan: I I ' — I I CCD (D W�1 SfaMMS-CMAQ� V W \m CD O r wa`v wewm N T—hip of s N lJ/ "� 0. O Araard HerilaRe,Eaeilinx Pururr � M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) Applicant's Elevation Drawings: , Dwelling Accessory Building o CO N O - m m UI CD Pr—d Heritage,Exciting Fufurr O M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) 5 � a ..� 3 0 N O N aR-, m m North on Notice sign posted South on Penetanguishene Road Penetanguishene Road Cn NA Cn �- = N 0 O Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) y CO W O v W v (D (D v (D Existing dwelling EP Zone Existing dwelling Property from road CD W N ef l �CG(l/CGG Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2023-A-35 (Davis) CD p O W � � 0 (D 4 W ram:. (D Location of accessory building Location of accessory building O N V1Y/G'� 0. O Arard Hrritagr,Exciting Fufurr � M. 0) n CD D Minor Variance Application 2023-A-35 (Davis) Recommendation: Approve Cn It is recommended: 3 1. That Report No. DS2023-073 be received and adopted. 0 07 N 2. That Minor Variance Application 2023-A-35 by Amanda Davis specifically for permission to construct an addition to the dwelling within o the Environmental Protection(EP)Zone and to construct a new detached accessory building with an increase in area, height and W reduced setback from the EP Zone on the lands municipally known as 493 Penetanguishene Road,Township of Oro-Medonte, be p approved subject to the conditions outlined in Report DS2023-073. v W 3. The conditions are as follows: 0 a) That notwithstanding Table A5, Section 5.16.1 c), 5.18, 5.27, 5.1.4, 5.1.6 5.27,the addition and detached accessory building shall =3 otherwise comply with all other applicable provisions of the Zoning By-law; m b) That the addition and detached accessory building be substantially and proportionally in conformity with the dimensions as set out CD 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; v d) That the applicant applies for and obtains a County of Simcoe entrance permit; (D e) That the applicant applies for and obtains an NVCA permit; tin f) That the applicant applies for and obtains a Building Permit for the dwelling addition, prior to the permit for the detached accessory building and that the detached accessory building shall not receive occupancy prior to the dwelling addition;and, cW g) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision � m becomes final and binding,as provided for within the Planning Act R.S.O. 1990, c.P. 13. CD W 0 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. CD � s =. O Prair(HnilnRr,Esrrlinq Ferhirr � M. 0) n CD D 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... Township of Staff Report Proud Heritage,Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: September 6, 2023 Report No: DS2023-074 Subject: Minor Variance Application, 2023-A-36, 1522417 Ontario Limited, 4346-020-007-07301 / Concession 5 West Part Lot 22 RP51 R4566 Part 1 (Medonte) Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-074 be received and adopted. 2. That Minor Variance Application 2023-A-36 by 1522417 Ontario Limited specifically for permission to construct a single detached dwelling with a reduced setback from the Environmental Protection Zone of 11.33 metres (37.17 feet) on the lands legally known as Concession 5, West Part Lot 22 Part 1 (Medonte), roll number 4346-020-007-07301 , Township of Oro-Medonte, be approved subject to the conditions outlined in Report DS2023-074. 3. The conditions are as follows: a) That notwithstanding Section 5.27, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the single detached dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority permit and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services September 6, 2023 Report No. DS2023-074 Page 1 of 12 Page 139 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... Background The subject property has an area of 1 .4 hectares (3.4 acres) and is currently vacant. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicant is seeking relief to the following section of Zoning By-law 97-95, for the purposes of permitting a single detached dwelling located within the setback to the Environmental Protection (EP) Zone: Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required. Proposed: Minimum 30.0 metres 98.4 feet 11 .33 metres 37.17 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this minor variance application and has noted there are no concerns as the proposed development is to be located outside of the hazard area associated with the watercourse on the subject lands, has a substantial vegetation buffer and have provided a supportive Environmental Impact Study (EIS). The applicant will be required to apply for a NVCA permit for the development as additional review from the NVCA regulations department is required and additional studies or amendments may be required as necessary. Planning Staff is of the opinion that the proposed development is consistent with the Natural Heritage policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicant is proposing a single detached dwelling which is a permitted use. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located adjacent to a watercourse. Specifically, Section 4.2.4.1 states: Development Services September 6, 2023 Report No. DS2023-074 Page 2 of 12 Page 140 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). The entire property is regulated by the NVCA. The NVCA has reviewed this minor variance application and has noted there are no concerns as the proposed development is to be located outside of the hazard area associated with the watercourse on the property, has a substantial vegetation buffer and has provided a supportive EIS. An NVCA permit will be required to be applied for and obtained by the applicant prior to issuance of a Building Permit. Based on the above, it is Planning Staff's opinion that the proposed minor variance conforms to the Growth Plan as the proposed development is not anticipated to have an adverse impact on the nearby natural heritage features. County Official Plan The property is designated Greenlands in the County of Simcoe's Official Plan. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. The property is not in agricultural use and is zoned for a single detached dwelling. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a single detached dwelling is considered a permitted use on the existing property. 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) Development Services September 6, 2023 Report No. DS2023-074 Page 3 of 12 Page 141 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing Official Plan will be repealed once the updated Official Plan is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural, Environmental Protection One and Environmental Protection Two in the Township's existing Official Plan and Greenlands in the Adopted Official Plan. The proposed dwelling is located on a portion of the property that is designated Agricultural in the current OP and is designated Greenlands in the Adopted OP. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. In the Greenlands designation, single detached dwellings are a permitted use on lots which were approved prior to the approval date of the Adopted OP There is a watercourse that runs through the middle of the property; therefore, Section B5.1 .2 of the current OP is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30 metres of the top of bank. Planning Staff have received supportive comments from NVCA and are satisfied that the structure is not anticipated to have any adverse impacts on the natural heritage features. Based on the above, Planning Staff is satisfied that the proposed variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as illustrated on Schedule 5 to this report. The EP Zone serves as a protective buffer around a watercourse that runs through the middle of the property. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. Section 5.27 of the Township's Zoning By-law prohibits buildings and structures within 30 metres (98.4 feet) of the EP zone. The applicant is requesting a setback of 11 .33 Development Services September 6, 2023 Report No. DS2023-074 Page 4 of 12 Page 142 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... metres (37.17 feet). The NVCA has reviewed this minor variance application and has noted there are no concerns as the proposed development is outside of the hazard area associated with the watercourse, has a substantial vegetation buffer and has provided a supportive EIS. For the reasons outlined above, the requested variance is considered to meet the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed use to stand out, look out of place or detract from the character of this rural area. Upon site visit, Staff has identified that the proposed dwelling will be keeping in character of the established rural area. The applicant has provided an EIS that has been reviewed by NVCA who have provided supportive comments. Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the residential use is a permitted use on the property, is small in scale and the applicant has provided supporting documents for protection of the natural features. 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 choose to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Development Services September 6, 2023 Report No. DS2023-074 Page 5 of 12 Page 143 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... Township's natural heritage features and attributes. Staff are of the opinion that the proposed development is consistent with the Strategic Plan. 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 Infrastructure and Capital Projects — No objections • Township Building Department — no comments • Township Engineering/Jones Consulting —to meet Township Lot Grading Requirements • NVCA — No objection, permit required Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Zoning Map Schedule 5: Nottawasaga Valley Conservation Authority Comments dated August 23, 2023 Conclusion Planning Staff recommends that Minor Variance Application 2023-A-36 be approved, specifically to permit a single detached dwelling with a reduced setback to the Environmental Protection Zone of 11 .33 metres (37.17 feet) on the basis that the application conforms and is consistent with applicable Provincial, County and Township land use policies. Respectfully submitted, Danielle Waters, Planner, August 24, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 30, 2023 Derek Witlib, RPP, Director, Development Services September 1 , 2023 Development Services September 6, 2023 Report No. DS2023-074 Page 6 of 12 Page 144 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map Ridk Rd.w_ z3 vasey Rtl. _ 4989 4967 6502 4851 4791 6498 6481 6461 6455 Z 6415 ti c J 6353 6239 0234 l Location M Subject Lands (� Prond Heritage,Exching Fetvre 0 100 m File Number 2023-A-36 Development Services September 6, 2023 Report No. DS2023-074 Page 7 of 12 Page 145 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo r,'77171-117-111 a. ' s *" PC .1 � ." r �" �. 6353 . Z � F C Y, 62�34 , ss 6239 I, f Aerial , I�uvr�hi�aJ, ® Subject Lands �i�e �ieG�o '�te Prond Heritage,1'xthing P*nrure p 100 M File Number.2023-A-36 N t I I Development Services September 6, 2023 Report No. DS2023-074 Page 8 of 12 Page 146 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Site Plan xslrs 4T t _tom ra.x�r ssum�tms ,A61 N NPY,283.2➢ .. ..... 77, s SHY 262.�3 %!,?ROM1K.�• e.l jn t R tea' S x. '_,..t'vIle - r ' I avunaucrnN sou ,f_'. ' �• / reac CsEc ocrrW ' A Toumsl3ip of Site Plan ��°` -^ - 4w e� Proud Heritage,Exciting Future File Number: 2023-A-36 Development Services September 6, 2023 Report No. DS2023-074 Page 9 of 12 Page 147 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Zoning Map re I Hn ICI �a. w. LIT 23� RUR2 [ os A/RU A/RU E z far C EP A/RU A/ U A/RU Existing Zoning r�� Subject Lands RUR2(Rural Residential Two) + � �� T�ir�ns)ripof A/RU(Agricultural/Rural) EP(Environmental Protection) Prond Heritage,Exciting Futaere OS(Open Space) _ I(Institutional) 0 300 Meters Development Services September 6, 2023 Report No. DS2023-074 Page 10 of 12 Page 148 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... Schedule 5: NVCA comments "SA z rr� Nottawasaga Valley Conservation Authority August 23, 2023 SENT BY EMAIL Township of Ciro-Medonte 148 Line 7 South, Ora-Medonte, ON LOL 2E0 Attn: Andy Karaiskakis Secretary Treasurer planning@oro-medonte,ca RE: Application for Minor Variance Town File No. 2023-A-36 ARN:43460200070730100000 NVCA ID #37765 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff are in receipt of an application for a proposed minor variance to permit the construction of a dwelling closer to the Environmentally Protected setback on the lands located without a municipal address on 4rh Line, ARN.43460200070730100000, Township of Oro-Medonte. NVCA staff have received and reviewed the following documents submitted with this application: [Dearden and Stanton Ltd] "Preliminary Site Plan" [Dated: February 1611, 2023] [Riverstone Environmental Solutions] "Environmental Impact Study" [Dated: July 2023] Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 172/06, The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Ora-Medonte and with advisory comments related to policy applicability. Ontario Regulation 172/06 1. The NVCA mapping for the property illustrates a wetland interference hazard, slope erosion hazard, and flood hazard are located on the property. Due to these hazards, the subject property is entirely regulated pursuant to Ontario Regulation 172/06 the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Permits would be required from the NVCA for the proposed application. Nottawasaga Valley Conservation Authority 8195 8'Line,Utopia,ON LOM 1TO T:705-424-1479 F: 705-424-2115 A member of Conservation Ontario Development Services September 6, 2023 Report No. DS2023-074 Page 11 of 12 Page 149 of 225 6.e) 6.25 p.m. DS2023-074, Danielle Waters, Planner re: Minor Variance A... Application for Minor Variance Town File No.2023-A-36 ARN,43460200070730100000 NVCA ID#37765 August 23,2023 3. Should the applicant intend to make further changes, staff recommend that the applicants) pre-consult with our Permits and Regulations Department to determine permit requirements. Natural Hazard - Reoulatory Comments 4. The flood hazard is due to the Hog River running through the property. The proposed development is not within the hazard. Development, including the septic system, cannot be within this hazard. 5. There is an overestimated slope erosion hazard on the property. The property also has substantial vegetation to mitigate erosion concerns, There is no concern with this hazard. 6. There are evaluated wetlands on the property associated with the Hogg River. An EIS was submitted in support of the development. No negative impacts were presented in the EIS. 7. A majority of development occurs outside of the 30 metre setback from the wetland. A small section of septic system encroaches approximately 1-2 metres into the setback. S. An Erosion and Sediment Control plan must be submitted when applying for the NVCA permit given the proximity to the wetland and slope. Provincial Policy Statement PPS (2020) 9. The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act. The application would permit the construction of a structure. 10.The NVCA has no concerns as it relates to the development. Conclusion The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of the application_ Please feel free to contact the undersigned at extension 233 or tboswell@nvca.on.ca should you require any further information or clarification on any matters contained herein. Sincerely, Tyler Boswell Planner I Page 2 or 2 Development Services September 6, 2023 Report No. DS2023-074 Page 12 of 12 Page 150 of 225 Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) Location: Concession 5 West Part Lot 22 641, RP51 R4566 (Medonte) � co o 0 Zoning: Agricultural/Rural (A/RU) 0 and Environmental Protection 4 (E P) 6353 0 Official Plan: Environmental Protection 6239 `° v One, Environmental Protection Two and Agricultural C o Current Use: Vacant land `° N Tomnshipo� O Praiir(HrrilnRr,Ezrifing Ferliirr � M. w n D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) Purpose: The applicants are proposing to construct a single detached dwelling and are seeking relief to the following sections of Zoning By-law 97-95, as 3 amended: o N O N W O Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required: Proposed: o Minimum 30.0 metres 98.4 feet 11 .33 metres 37.17 feet m' m v m � v m QI N CD (D N Township of N C�/�Q� � 0. � O Praiir(HrrinRr,Ezrifing Ferliirr � n CD D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) CD Aerial Photo: 6353 N Z O � N d W J 0 0 D. CD 6234 m 62.39 � � v cQ =3 m =3 (D w CD (D orIj �W N /�Y:'�h'pelvE'CG(l/CGG Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) Existing Zoning: os CD N O A/RU N O 4 A/RU 0 EP =3 Z (D J � .-f CD `3 Subject Lands RUR2(Rural Residential Two) % A/RU(Agricultural/Rural) EP(E-IFU111TIalltal ProLeclion) 05(Open Space) I(Institutional) EP D (D 0n CD r� (D I -W N /�r: h'pef l �CG(l/CGG Pr—d Heritage,Exciting Fufurr 0 M. 0) n CD D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) Township Official Plan Township Adopted County Official Plan Cln Land Use: Official Plan Land Use: Land Use: 3 o N CD N it W O v z � m c Z J a v d 2 � J �. J �T V I WJ Subject Lands Q Environmental Protection Two (D 0 Agricuiturai IMIllm Subject Lands Agricultural =3 Subject Lands Agricultural N Environmental Protection one Greenlands Greenlands Cn o CTI N ef l �CG(l/CGG Pr—d Heritage,Exciting Future O M. 0) n D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) Applicant's Site Plan: Cn CD i M i O i 1 3:h CD CD y }2 o (D rn CTI N ef l �CG(l/CGG Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) CD N .� O N W O _ v 0 C. m North on Line 4 Notice sign South on Line 4 CD C o N N ef l �CG(l/CGG Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) 01 CD N tf r"r k< O _ 0 u .r � (D v (D t� Vacant lot — driveway stakes Vacant lot C Co N ef l �CG(l/CGG Pr—d Heritage,Exciting Fufurr O n CD D Minor Variance Application 2023-A-36 (1522417 Ontario Ltd.) Recommendation: Approve Cn It is recommended: 0 0) 1. That Report No. DS2023-074 be received and adopted. o N 2. That Minor Variance Application 2023-A-36 by 1522417 Ontario Limited specifically for permission to construct a single detached w dwelling with a reduced setback from the Environmental Protection Zone of 11.33 metres(37.17 feet)on the lands legally known as o Concession 5,West Part Lot 22 Part 1 (Medonte), roll number 4346-020-007-07301,Township of Oro-Medonte, be approved subject to -P� the conditions outlined in Report DS2023-074. 0 v 3. The conditions are as follows: (D' a) That notwithstanding Section 5.27, the single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the single detached dwelling be substantially and proportionally in conformity with the dimensions as set out on the v application and sketches submitted and approved by the Committee; (D c) That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority permit and Building Permit be obtained from n the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990,_U c.P. 13. v cQ =3 CD 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. m cn � co o _ m � s 0. � O Prair(HnilnRr,Esrrlinq Ferhirr � n D 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... t Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager Planning Services Meeting Date: September 6, 2023 Report No.: DS2023-076 Subject: Consent Application 2023-13-12 by Phyllis Holmes, 145 Robinson Street Type: Requires Action Motion No.: Recommendation 1 . That Report No. DS2023-076 be received and adopted. 2. That Consent Application 2023-B-12 by Phyllis Holmes, to permit a boundary adjustment having a lot frontage of approximately 6.9 metres (22.6 feet), a lot depth of approximately 139.0 metres (456.0 feet) and an area of approximately 0.16 hectares (0.41 acres) to be added to the property municipally known as 135 Robinson Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-076. 3. The conditions for Consent Application 2023-B-12 are as follows: a. That the severed lands with an area of approximately 0.16 hectares (0.41 acres) be merged in title with the abutting property to the west, 135 Robinson Street, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. Development Services September 6, 2023 Report No. DS2023-076 Page 1 of 13 Page 160 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... b. That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the Director, Operations and Community Services, that said parcel be deeded gratuitously to the Township for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the Township; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c. That all municipal taxes be paid to the Township of Oro-Medonte. d. That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. e. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. f. That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g. That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands have a total lot area of approximately 0.88 hectares (2.17 acres) and are located on the south side of Robinson Street. The subject lands support a single detached dwelling, a detached accessory building and a boathouse. Surrounding land uses consist of shoreline residential lots (refer to Schedules 1 and 2). The applicant is requesting consent to sever and merge lands for the purpose of a boundary adjustment (refer to Schedule 3), as noted below: Development Services September 6, 2023 Report No. DS2023-076 Page 2 of 13 Page 161 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Lands to be Severed Lands to be Total Merged lands from Retained (135 Robinson Street) 145 Robinson Street (145 Robinson and Added to 135 Street) Robinson Street Frontage: Approximately 6.9 m Approximately 30.6 m Approximately 28.2 m 22.6 ft. 100.3 ft. 92.5 ft. Depth: Approximately 139.0 Approximately 137.9 Approximately 140.7 m m 456.0 ft. m 452.4 ft. 461.6 ft. Area: Approximately 0.16 ha Approximately 0.7 ha Approximately 0.69 ha 0.41 ac. 1 .7 ac. 1.70 ac. Use: Vacant Residential Residential Residential No new lots are proposed as a result of the boundary adjustment/lot addition. Analysis Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including boundary adjustments which do not result in the creation of a new lot. Based on the above, the proposed boundary adjustment is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed consent for a boundary adjustment 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 and will not result in the creation of a new lot or new development. Planning Staff are of the opinion that the application conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Planning Staff have reviewed the consent application in the context of the LSPP and have determined that the LSPP is silent on and does not restrict consents Development Services September 6, 2023 Report No. DS2023-076 Page 3 of 13 Page 162 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... for legal or technical reasons such as easements. Based on the above, Planning Staff are of the opinion the applications conform to the LSPP. The subject property is located within the LSRCA's regulated area. The Lake Simcoe Region Conservation Authority (LSRCA) has been circulated the subject application and have no objection to the proposed consent application. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan (refer to Schedule 4). Section 3.7.4 lists limited residential development as a permitted use within the Rural designation. Section 3.3 - General Development Policies, permits consents for the purpose of legal or technical reasons in all designations. Therefore, it is Planning Staff's opinion that the application for proposed a boundary adjustment conforms to the County of Simcoe Official Plan. Notice of this application has been circulated to the County; but as of the preparation of this report County Staff have not provided any comments, Council should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicants' development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Township's existing Official Plan (1997) and Adopted Official Plan (2022) (refer to Schedules 5 and 6 respectively). The Shoreline designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Section C5 of the existing Township's Official Plan outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings. Section C17.6.5 - Subdivision Control, pertains to all land use designations in the Township and Subsection C17.6.5. (c)(i) permits consents for legal or technical purposes. Based on the above, Planning Staff are of the opinion that the application for a proposed boundary adjustment conforms to the Official Plan. Development Services September 6, 2023 Report No. DS2023-076 Page 4 of 13 Page 163 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Zoning By-law 97-95 The severed and the benefitting lands are currently zoned Shoreline Residential (SR) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 7). Table B4 of the Township's Zoning By-law requires a minimum lot size of 0.2 hectares (0.5 acres) and a minimum frontage of 30.0 metres (98.4 feet) for a lot in the Shoreline Residential (SR) Zone. The lot configurations that would result from this application would all comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staffs opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services September 6, 2023 Report No. DS2023-076 Page 5 of 13 Page 164 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received. • Township Infrastructure and Capital Projects — Operations has no objections to the severance; the existing side yard drainage is to remain. • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority — no objection. • Enbridge Gas — no objection. Attachments Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: County of Simcoe — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Township Adopted Official Plan — Land Use Schedule 7: Existing Zoning Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-12 for the purposes of a boundary adjustment be approved subject to the conditions as outlined in the recommendations; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, August 25, 2023 Approvals: Date of Approval Derek Witlib, RPP, Director, Development Services September 1, 2023 Development Services September 6, 2023 Report No. DS2023-076 Page 6 of 13 Page 165 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map ------------------ fi7 385 N t 504 2212 JLakeshore Rd• 2211 530 �_ 157 ~Rot)inson St. �r 151 "`f � 145 1 115 131 133 135 113 123 Lake Simcae 117 i Location ® Subject Lands T Jl+oaf Q; ��! . Proud Heritage,Exciting 1`nttlre 0 100m File Number:2023-Q-12 A I I I I I Development Services September 6, 2023 Report No. DS2023-076 Page 7 of 13 Page 166 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo m"n„e,..w Xr, 157 Robinson st t. ee w , Pit as 151 1 w 123 131 133 135 113 117 t as Aerial Tati=rrsl rip nr Q Subject Lands �� � (/�LLC, Proud 14erira.V,&xcidug Future a 100 m File Number:2023-B-12 i r i Development Services September 6, 2023 Report No. DS2023-076 Page 8 of 13 Page 167 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Proposed Boundary Adjustment # 145 a }lry \ 4e a 1 ` #435 , 4P s a ` 4 l�ip Proposed Boundary Adjustment 0 T�ums �f� Frond Heritage,Excdtinq Frature File Number: 2023-13-12 Development Services September 6, 2023 Report No. DS2023-076 Page 9 of 13 Page 168 of 225 6J) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: County Official Plan — Land Use N Q] J xw ewae. .a.w. Robinson St. 4 akeS�pYe Rd.E. Robinson St. County of Simcoe — Land Use =3 Subject Lands Greenlands - Rural R ��nn�r�hipo f = Proud Hrrifnge,Exciting Fits ere — ' 0 100 M File Number:2023-B-12 41 i Development Services September 6, 2023 Report No. DS2023-076 Page 10 of 13 Page 169 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 5: Township Official Plan — Land Use lid - N -- C wa•pd w J wiare aa.,..w. Lakeshore Rd'E. Robinson St. J_{ ---- ---Robinson St`_ ---- �� /J/ ✓J 1 Township Official Plan - Land Use r.J Subject Lands Rural l�Shoreline Township qf Proud Heritage,Exritinq Future 0 100 M rila Numbers 2023-B-12 Development Services September 6, 2023 Report No. DS2023-076 Page 11 of 13 Page 170 of 225 6.f) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 6: Township Adopted Official Plan - Land Use eri N m`n�xa E J Rd.E. Robinson S4. keshore T Robinson St. f Lake Simcoe Township Adopted Official Plan - Land Use Rr Subject Lands Greenlands Rur2l Tounslnpaf � Shoreline Proud Heritage,&"xciliug Future J 0 30C M File Number:2023-B-12 'V I 1 Development Services September 6, 2023 Report No. DS2023-076 Page 12 of 13 Page 171 of 225 6J) 6.35 p.m. DS2023-076, Andy Karaiskakis, Manager, Planning Services ... Schedule 7: Existing Zoning AtRU Ui d J R A/RU Lakeshore Rd.�• Robinson St. 5R II Robinson St. 1 SR � Lake Simcoe Existing Zoning = Subject Lands SR(Shoreline Residential) Yiresl ipof A/RU(Agricultural/Rural) EP(Environmental Protection) ` Proud Heritage,Exritif q Future 0 90 Meters File Number.2023-e-12 Development Services September 6, 2023 Report No. DS2023-076 Page 13 of 13 Page 172 of 225 Consent Application 2023-B-12 (Holmes) Location: 145 Robinson Street 530Cn I � 157 Zoning: Shoreline Residential (SR) _ bin CD St. N 151 O N W Official Plan: Shoreline A 115 123 131 133 135 / / > Current Use: Residential !; Lake Simcoe 117 II �. v � v >v � � v m � m w N QI 2 Pr—d Heritage,Exciting Fufurr =3 1D co CD n CD Consent Application 2023-B-12 (Holmes) w Purpose: The applicant is proposing to sever and merge lands for the purpose of a boundary Cn adjustment/lot addition as noted below: 3 0 N Lands to be Severed from Lands to be Retained Total Merged lands o 145 Robinson Street and Added to (145 Robinson Street) (135 Robinson Street) o 135 Robinson Street --4 rn Frontage: Approximately 6.9 m (22.6 ft.) Approximately 30.6 m (100.3 ft.) Approximately 28.2 m (92.5 ft.) D Depth: Approximately 139.0 m (456.0 ft.) Approximately 137.9 m (452.4 ft.) Approximately 140.7 m (461.6 ft.) Q Area: Approximately 0.16 ha (0.41 ac.) Approximately 0.7 ha (1.7 ac.) Approximately 0.69 ha (1.70 ac.) Use: Vacant Residential Residential Residential No new lots are proposed as a result of the boundary adjustment/lot addition v (' v � v v =3 ( v m � m 0 ago N Township � QI Pra d HrHll gr,E-iimg Ferliirr =3 0 CO CD n CD Consent Application 2023-B-12 (Holmes) w Aerial Photo: Cn I 1.57 3 0 CD Robinson St: N O W O D 145 Q 115 f K 123 131 133 135 v 117 �y'1 v r (n >v � m � _ cQ (D v � e l v E'CG(l/l,Gr/ _� Pr—d Heritage,Exciting Fufurr =3 D CO CD n CD Consent Application 2023-6-12 (Holmes) Cn Existing Zoning: L 3 0 CD N A/RU La O Robinson St. N W O v Q Robinson St. \ SR (n Lake Subject Lands 0 SR(Shoreline Residential) 0 A/RU(Agricultural/Rural) Simcoe tQ EP(Environmental Protection) v (D (Q v CID rn O { � v N (�/vx^��� N 2(r Pr—d Heritage,Exciting Fufurr =3 (Q CO CID Consent Application 2023-B-12 (Holmes) w Township Official Plan Township Adopted County Official Plan Cln Land Use: Official Plan Land Use: Land Use: o Robinson SL \,. Robinson St Lakes O _ Robinson St. � N FW/ � O - -— ; Robinson St. Robinson St. -� apinson St. \ Q Lake v i I� J � ; Simcoe L — � v cQ CJ Subject Lands C Rural M Subject Lands Greenlands Shoreline , Rural Subject Lands Greenlands � v Rural (D Shoreline o N CTI 2 Pr—d Heritage,Exciting Fufurr =3 D V! CID Consent Application 2023-13-12 (Holmes) Applicant's Proposed Boundary Adjustment: w Cn 145 .4.54 r W 010 4 / (D 00 N Tow�h;p Ui OI �. Pr—d Hn img,,E-iiinq Feehnr CO CD n CD U) Consent Application 2023-B-12 (Holmes) Cn e i V! N O N W f O v aNN No:02 a-,: O TOWNSHIP OF ORO O -� �� e � D y t CL I � v w .a Public notice sign View looking east along View looking west along CD CD Robinson Street Robinson Street � sl N „�^QI N lr_ tQ'� �E;CGVYGGG _� /�/ Pral,r(H HMg,,Es W,%Ferhirr =3 D CO CD n CD Consent Application 2023-B-12 (Holmes) N u _ 0 N O N W O 1-0,��WF O D �CO m � cQ (D View of lands subject to boundary adjustment rQ N Cn Pr—d Heritage,Exciting Fufurr CO CD n CD Consent Application 2023-B-12 (Holmes) Cn t • o CD 1 N O N O D CL v v v =3 (D � (D °° View of lands subject to boundary adjustment O rIJ N UI Pr-d Heritage,Exciting Fufurr =3 D CO CD n CD Consent Application 2023-B-12 (Holmes) Cn 0 0 N W OJ D CL - v CD v � � v CO View from the lake on 145 Robinson St of lands subject to boundary N adjustment _ _3 Cn Pr-d Heritage,Exciting Fufurr =3 D CO CD n CD Consent Application 2023-6-12 (Holmes) w Recommendation: Approve It is recommended: 3 1. That Report No. DS2023-076 be received and adopted. co N 2. That Consent Application 2023-B-12 by Phyllis Holmes,to permit a boundary adjustment having a lot frontage of approximately 6.9 0 metres(22.6 feet),a lot depth of approximately 139.0 metres(456.0 feet)and an area of approximately 0.16 hectares(0.41 acres)to be W added to the property municipally known as 135 Robinson Street,Township of Oro-Medonte, be approved subject to the conditions as o outlined in Report DS2023-076. rn 3. The conditions for Consent Application 2023-B-12 are as follows: > a) That the severed lands with an area of approximately 0.16 hectares(0.41 acres)be merged in title with the abutting property to the west, 135 Robinson Street,and that the provisions of Sections 50(3)and 50(5)of the Planning Act apply to any subsequent conveyance of,or other transaction involving,the identical subject parcel of land. Therefore,once the subject parcel of land has v been conveyed to the owner of the abutting parcel,the subject parcel and the said abutting parcel shall merge in title and become v one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary (n' steps will be taken to: 1)implement the conveyance and merger; 2)consolidate the severed and benefitting parcels to one Property Identification Number;and 3)alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land; b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12)of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel,the owner convey a parcel of land dimensioned to the satisfaction of the v cQ Director, Operations and Community Services,that said parcel be deeded gratuitously to the Township for road purposes;that m said parcel be conveyed free and clear of any mortgages, liens or encumbrances,or be otherwise satisfactory to the Township; CD w and that all costs associated with the dedication be born the Owner. Alternatively,the applicant can apply for the issuance of a c`' Certificate of Cancellation; o _ N lr_/tQ'� �E;CGVYGGG _�CT =3 P,,,,d HnHiq,Es W,%Ferhirr =3 0 co CD n CD Consent Application 2023-6-12 (Holmes) w Recommendation (cont'd): Approve 3 c) That all municipal taxes be paid to the Township of Oro-Medonte; 0 d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the N Committee Secretary-Treasurer which conforms substantially with the application as submitted; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed,for review by the w Municipality; f) That the Certificate of Consent be issued utilizing Form 4,Section 53(42)of the Planning Act R.S.O. 1990,to merge the parcels; and, D g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of Q decision(Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the .< date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted v statutory periods(Sections 53(41)&53(43),the Planning Act R.S.O.1990)shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. � v v =3 c v m (D 00 o N 0 � , CT � P,,,,d H,,dq,,Es W,%Femur =3 0 co CD n CD 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... t Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Intermediate Planner Meeting Date: September 6, 2023 Report No.: DS2023-072 Subject: Consent Application 2023-B-11 and Zoning By-law Amendment Application 2023-ZBA-12, 2374357 Ontario Inc., 137 Line 9 South Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report DS2023-072 be received and adopted-, 2. That Zoning By-law Amendment Application 2023-ZBA-12 by 2374357 Ontario Inc., specifically to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 348 (A/RU*348) Zone to prohibit residential uses and recognize the reduced interior side yard setback of 2.0 metres (6.6 feet) for the existing agricultural building and silo, and rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 349 (A/RU*349) Zone to recognize the increased floor area of 400.0 square metres (4,305.7 square feet) and increased height of 5.0 metres (16.4 feet) for the existing oversized detached accessory building and recognize the increased lot coverage of 7.8% for all detached accessory buildings, on the lands municipally known as 137 Line 9 South, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to address the Building Division's comments. 3. That consent Application 2023-B-11 by 2374357 Ontario Inc. to permit the creation of a new lot having a lot frontage of approximately 76.0 metres (249.3 feet), a lot depth of approximately 95.3 metres (312.7 feet) and an area of approximately Development Services September 6, 2023 Report No. DS2023-072 Page 1 of 19 Page 185 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... 0.6 hectares (1 .5 acres), to create a 1.0 metre (3.3 feet) by 7.0 metres (23.0 feet) easement on the lands to be severed for access to the existing hydrant and to create a 6.0 metres (19.7 feet) by 6.0 metres (19.7 feet) easement on the lands to be retained for access to the existing well be deferred to provide the applicant the opportunity to address the Building Division's comments. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background The subject lands are located at the southeast corner of the intersection of Line 9 South and School House Road. The lands occupy a lot area of approximately 34.0 hectares (84.0 acres) according to MPAC records. The lands contain a single detached dwelling, detached two-car garage, swimming pool, shipping container, two (2) agricultural buildings and three (3) silos. The majority of the land is under agricultural cultivation. There is a landscaping business, Fairgreen Sod Farms, located in the north west corner of the property, which is subject to Zoning By-law Amendment 2015-ZBA-07. The surrounding land uses predominantly consist of agricultural uses and there are a few industrial and commercial uses located to the north and northwest of the subject lands. A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2. Previous Planning Application — Zoning By-law Amendment 2015-ZBA-07 In 2015, the property owner submitted a Zoning By-law Amendment to recognize their existing business, Fairgreen Sod Farms, which sells sod, mulch, aggregates, seeds and fertilizer. A Public Meeting was held on June 3, 2015 to obtain public comments. No public comments were received at the meeting, yet, some residents submitted letters of objection. Comments were also received from the MTO and the Township's Operations Department who indicated that they will provide additional comments once they receive a revised site plan and an engineered lot grading plan. The applicant has re-engaged with Planning Staff in regard to taking the necessary steps to advance this application. Once the applicant submits revised plans, they will be circulated for comments and the application will be brought back to the Development Services Committee in the form of a Staff Report. Consent Application 2023-B-11 Purpose: The purpose of Consent Application 2023-B-11 is the creation of a new lot through the severance of a dwelling described as surplus to a consolidated farming operation. The details of the proposed consent (severance) are: Page 186 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Lands to be Severed: Lands to be Retained: Frontage/ Approximately 76.0 m (249.3 ft.) Approximately 475.2 m (1 ,558.9 ft.) Width: on School House Road Depth: Approximatel 95.3 m 312.7 ft. Approximately 614.0 m 2,014.6 ft. Area: Approximately 0.6 ha 1.5 ac. Approximately 33.4 ha 82.5 ac. Use: Residential Agricultural and Fair green Sod Farms As part of the consent application, an easement will be required on the severed lands to provide access to an existing hydrant that serves the agricultural use located on the retained lands and an easement will be required on the retained lands to accommodate the existing well that serves the dwelling located on the severed lands. The details of the proposed easements are: Easement on the lands to be Easement on the lands to be severed: retained: Frontage/ Approximately 1 .0 m (3.3 ft.) Approximately 6.0 m (19.7 ft.) Width: Depth: Approximately 7.0 m 23.0 ft. Approximately 6.0 m 19.7 ft. Area: Approximately 7.0 sq. m. Approximately 36.0 sq.m. 75.3 s . ft. 387.5 s . ft. Use: Easement for access to the existing Easement for access to the existing hydrant. well. Zoning By-law Amendment 2023-ZBA-12 On August 4, 2023, the applicant submitted the Zoning By-law Amendment application to the Township. This original submission was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comment. The purpose of the Zoning By-law Amendment application is to rezone the lands proposed to be severed from an Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 349 (A/RU*349) to recognize an increased floor area and height of an existing detached accessory building and recognize an increased lot coverage of all existing detached accessory buildings on the lot, and rezone the lands proposed to be retained from an Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 348 (A/RU*348) Zone to prohibit future residential uses and recognize a reduced interior side yard setback for an existing agricultural building and silo. Page 187 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Analysis Provincial Policy Statement (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 2.3 - Agriculture are applicable to this application. The subject lands are located in a Prime Agricultural Area. In accordance with Section 2.3.1 of the PPS, prime agricultural areas are to be protected for the long-term use for agriculture. Section 2.3.4 contains policies for lot creation, specifically Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1 . the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective" (p. 27, PPS) The proposed consent is a severance of a residence surplus to a farming operation as a result of a farm consolidation. The owner of the subject lands (2374357 Ontario Inc.) owns an additional farm property in the Township, specifically 688 Line 9 North, see Schedule 7. The applicant is proposing to sever the dwelling on the subject farm parcel (137 Line 9 South) on the basis that it is surplus to their farming operation. Planning Staff is of the opinion that the proposed Consent to sever a residence surplus to a farming operation and the associated Zoning By-law Amendment to rezone the retained lands to prohibit residential uses is considered to be consistent with the Provincial Policy Statement, by protecting the agricultural lands from any residential development and consolidating it with other farm parcels located in the Township. 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. Section 2.2.9.6 states: "New multiple lots or units for residential development will be directed to settlement areas, but may be allowed on rural lands in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006." (p. 28). The Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. Page 188 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance" (p.27). Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation and the rezoning to prohibit future residential development is considered to conform to the Growth Plan policies of the Province. County of Simcoe Official Plan The subject lands are located within the Agricultural designation. Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 3.3.5 states that "Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation." (p. 19). Section 3.6.7 (c) of the County's Official Plan states that lot creation may be permitted in the Agricultural designation for a residence surplus to a farming operation as a result of farm consolidation, provided that: i. "The new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and, ii. New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. To ensure that no new residential dwellings are permitted on the remnant parcel, municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s), and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies" (p. 38). A "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan as "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." (p.150). The consent application is proposing a severed lot size of 0.6 hectares (1 .5 acres), which complies with the County's policy for a residence surplus to a farming operation outlined in Section 3.6.7 of the County's Official Plan. The proposed rezoning application would prohibit any residential development on the retained lands; therefore, protecting a prime agricultural area for long-term agricultural use, which is consistent with the policies of the County Official Plan. Page 189 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any County comments that may be received. On this basis, Planning Staff are satisfied that the Consent and Zoning By-law Amendment applications conform to the County of Simcoe's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside of the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate applications that are not within the regulated area to the LSRCA. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the applications in context to the policies in the LSPP and note that the LSPP does not specifically speak to the severance of surplus farm dwellings. Furthermore, there are no natural heritage features identified on the subject lands. 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 Agricultural in accordance with Schedule "A — Land Use" of the Township's existing Official Plan. The subject lands were proposed to be designated Employment Lands in the Township's Adopted Official Plan but based on discussions with County Planning Staff, the subject lands have been identified as `non- decision lands' until the County has the opportunity to refine the County Official Plan schedules through Phase 2 of the Municipal Comprehensive Review (MCR) currently underway. As a result, Planning Staff must defer to the Agricultural designation policies in the Township's existing Official Plan. Since the proposed lot creation involves the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands. The rezoning of the retained lands to prohibit residential use is consistent with the objectives of the Agricultural Designation, since it protects the retained parcel for agricultural use only. Page 190 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... The Township's existing Official Plan does not contain policies specific to the severance of surplus farm dwellings. Therefore, it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. "Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner, or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots." (p.229). In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as it is the severance of a surplus farm dwelling. For the purposes of the creation of a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed applications for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent— General Criteria", in the Township's Official Plan: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Conforms- The severed parcel would front onto Line 9 South and the retained parcel would front onto Line 9 South and School House Road. Both roads are Township roads that are maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to a Provincial Highway or County Road; however, they are within close proximity to Highway 11. The MTO has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any MTO comments that may be received. Page 191 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... c) Will not cause a traffic hazard; Conforms: The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns but have advised that a 15.Om x 15.Om daylight triangle at the intersection of Line 9 South and School House Road will be required to be transferred by the Owner to the Township. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- The lands to be severed and the lands to be retained comply with the Zoning By- law's lot frontage and lot area requirements. e) Can be serviced with an appropriate water supply and means of sewage disposal; Conforms: The existing dwelling on the severed lands is currently being serviced by a private well and private septic system. As part of the consent application, the owner has requested two easements, one on the lands to be severed for access to the existing hydrant and one on the lands to be retained for access to the existing well. f) Will not have a negative impact on the drainage patterns in the area,- Conforms- The severed lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Conforms- As proposed, the lands to be retained and severed would not restrict the development of any other lands. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Conforms- No natural heritage concerns have been identified by the Township and applicable agencies in their review of this application. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area, Page 192 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Conforms: No groundwater concerns have been identified by the Township and agencies in their review of these applications. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Does not conform: Planning Staff have concerns with the ability of this application to meet: • 51(24) (f), specifically, "the dimensions and shapes of the proposed lots"; and, • 51(24) (g), specifically, "the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land". The Township's Building Division raised concerns with regards to the proposed setbacks for the existing agricultural building to the proposed interior side lot line. Specifically, the Building Division indicated that: "Farm buildings within 30m of property lines are required to meet requirements of 9.10.14 [of the Ontario Building Code]. Building shall comply with Medium Hazard classification in chart 9.10.14.4. and shall also meet construction requirements outlined in 9.10.14.5". As a result, the proposed lot configuration may need to be altered to address the Ontario Building Code concerns. Based on the above, Planning Staff are not in a position to conclude whether the applications conform to the Township's Official Plan or the Planning Act, until such time that the applicant addresses the comments received from the Township's Building Division. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The minimum lot size required in the A/RU Zone is 0.4 hectares (1.0 acre) for residential uses and 2.0 hectares (4.9 acres) for agricultural uses. The minimum lot frontage required for properties zoned A/RU is 45.0 metres (147.6 feet). The severed and retained parcels will comply with the Zoning By-law's lot area and lot frontage requirements. The By-law would rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 348 (A/RU*348) Zone, which would permit Agricultural/Rural uses; however, it would prohibit residential uses in keeping with PPS policies for surplus farm dwelling severances. Exception 348 would also recognize the reduced interior side yard setback for the existing agricultural building and silo. The minimum interior side yard setback for agricultural buildings is 15 metres (49.2 feet); yet, as a result of the approved severance, the setback will now be 2.0 metres (6.6 feet). The Building Division indicated that they have concerns with this reduced setback and required confirmation that it complies with the Ontario Building Code. As a result, Page 193 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Planning Staff are recommending deferral of these applications to provide the applicant time to address the Building Division's comments. Should the applications be approved, verification of this reduced setback by an Ontario Land Surveyor (OLS) should be included as a condition of consent. The By-law would also rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 349 (A/RU*349) Zone to recognize the increased floor area and height of the existing oversized detached accessory building. An agricultural building, which would have been permitted on the original lot, is not permitted on lots under 2.0 hectares (4.94 acres) in size. Since the lands to be severed will be approximately 0.6 hectares (1.5 acres), an agricultural building is not permitted and the building is now classified as an accessory building. The maximum permitted floor area for an accessory building in the A/RU Zone is 100 square metres (1,076.4 square feet) and the maximum permitted height is 4.5 metres (14.7 feet), yet, the existing structure is 400.0 square metres (4,305.7 square feet), with a height of 5.0 metres (16.4 feet). Exception 349 would also recognize the increase in lot coverage for all existing detached accessory buildings on the severed lands. The Zoning By-law permits a maximum lot coverage of 5%; whereas the existing accessory buildings would have a lot coverage of 7.8% on the newly configured lot. The shipping container was not included in the lot coverage calculation as the owner intends to move it to their other lot. Therefore, should the applications be approved, Planning Staff recommend that as a condition of consent, the owner remove the shipping container from the severed lands to comply with the Zoning By-law Amendment. Given the comments from the Building Division, Planning staff are not in a position at this time to comment on whether the applications comply with the Zoning By-law. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan, 1997 • Township of Oro-Medonte Official Plan, adopted 2022 • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Page 194 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Corporate Strategic Goals In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The applications are consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of the applications was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (196.9 feet) radius of the lands for the Consent application and within a 120-metre (400 feet) radius of the lands for the Zoning By-law Amendment application. Notice signs were posted on the property. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects: Operations will require a 15m x 15m daylight triangle at the NW corner of the property. • Township Building Division: Farm buildings within 30m of property lines are required to meet requirements of 9.10.14. Building shall comply with Medium Hazard classification in chart 9.10.14.4. and shall also meet construction requirements outlined in 9.10.14.5. Please confirm how you comply with these requirements. • Enbridge: Does not object. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Consent Sketch Schedule 4: Detailed Site Plan of the Lands to be Severed Schedule 5: Township Adopted Official Plan (2022) — Land Use Schedule 6: Proposed Zoning Schedule 7: Farm Parcels Held by the Owner/Farm Operation Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-12 and Consent Application 2023-B-11 be deferred to provide the applicant the opportunity to address the Building Division's comments. Page 195 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Respectfully submitted, Catherine McCarroll, RPP, Intermediate Planner, August 30, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 31 , 2023 Derek Witlib, RPP, Director, Development Services September 1, 2023 Page 196 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re, Consent A... Schedule 1: Location Map m !d R'daP. — aaa:,w_ 88 1 8 73 0 175 72 11 54 7 10 4 Ross= f~ �School:Hous I_Bd. e - _ 44 51 128 136 138 137 148 Y3 bi F160 y c J 259 234 250 265 1012 108fi V 303 Location ® Subject Lands tbu�rallipoj �"�� Proud Heritage,Exciting Future 0 100 m File Number:2023-B-11&2023-Z3A-12 Page 197 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 2: Aerial Photo •4 k'-�. - _:_ to-�:;� _y.:f I—h- 11 I 74 c h # s School House�R_d: 51 136 vi rn c 137 -417 I 1'60Y� y S 2�34 265 Aerial Init>ltchfp nj Q subject Landsz�,nc ���{J1(��, Proud Heritage,Fxciling Punme 0 100 rn File Number:2023-13-11&2023-ZBA-12 Page 198 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re, Consent A... Schedule 3: Consent Sketch N � y Lands to be retained. Lands to be severed. Easement for access to the hydrant on the severed lands. Easement For access to the well on the retained I lands. " Consent. Sketch T Fraud Heritage,Exciting Fature File Number,2023-B.11&2023-713A.12 Page 199 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 4: Detailed Site Plan of the Lands to be Severed Easement for access 9 5 - - to the hydrant on the a F3Ri severed lands_ 76M Resid4lit a1 kcre i7m n— k House Burn COXOD 13 1S C TANK501t1 i�.73L Silos B.5 Y 914MRSM 3 M** . Easement for 66.6 5 1 I 13 M access to the well on the + - 79, retained Cam! lands. ToU4U)Irp of Detailed Site Plan ;'L of the Lands to be Severed Prowd Heritage,Exciting Future File Number'2023-6 11&2023-76A-12 Page 200 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 5: Township Adopted Official Plan (2022) — Land Use I _ z I J T-OSS-Rd. School-Hbuse;F vi rn v c J' Township Adopted Official Plan - Land Use Mb Subject Lands Agri°niwrai I♦Employment Area � Gr—I"ds �/� lvr PitSjf7f7 Ur Non-Decision Lands 1 0l CM Proposed Nan-Decision Lands(Proposed Empioyrnent Lands} �� "T Proud Heritage,Exciting Fn[ure 0 300 n1 File Number:2023-B-11&2023-ZBA-12 N I Page 201 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 6: Proposed Zoning Ea I iJ Alma Rd w, i r School House-Rd. I - N a� c. - — J Proposed Zoning � ® Lands Rezoned From the AgriculturallRural (AIRU)Zone T( w r to the Agricultural/Rural Exception 348 (AIRU 348)Zone 0f=Q_�� �� Lands Rezoned From the Agricultural/Rural (AIRU)Zone Proud Heritage,Exrifbrg Future to the Agricultural/Rural Exception 349 (A1RU*349)Zone 0 225 Meters File Number:2023-B-11 and 2023-ZBA-12 I i i i I Page 202 of 225 7.a) DS2023-072, Catherine McCarroll, Intermediate Planner re: Consent A... Schedule 7: Farm Parcels Held by the Owner/Farm Operation 15I16-SrdrE. Eagle- ay CA. z N i 41 C z c r 0o T N C J = IF � J J J t e0 �� 11 °thist. Ross-Rcl. School'H U V/ y o C7 fn r Qy N fn J 9-�r J I oy rook -Gres. d .S 20 Shewchenko Rd. 7d Robinson-St'/ w Franko�St. a a Sokil-0a Lake a an�y, -4e Simcoe AM 1-h-111 Farm Parcels Held by the -= Owners/Farm Operation �,ttF:,ttflqT ��'� . Proud Heritage,Exciting FutureSubject Lands Other Owned Parcels 0 1.5 km File Number.2023-5-11&2023-ZBA-12 I i i i i i I Page 203 of 225 7.b) DS2023-068, Danielle Waters, Planner re: Temporary Trailer Agreemen... t Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: September 6, 2023 Report No: DS2023-068 Subject: Temporary Trailer Agreement, 1337 Line 12 North, John Reid Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-068 be received and adopted. 2. That Committee authorizes the request of John Reid, to temporarily reside, to a maximum of eighteen (18) months from the passing of By-law No. 2023-075, in a trailer on the property at 1337 Line 12 North, 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 0.17 hectares (0.42 acres) and is located on the east side of Line 12 North (See Attachments #1 and #2). The applicant is requesting permission to temporarily live in a trailer for a period of up to eighteen (18) 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 September 6, 2023 Report No. DS2023-068 Page 1 of 6 Page 204 of 225 7.b) DS2023-068, 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 eighteen (18) month period while a new dwelling is constructed, is considered appropriate and should be authorized. Page 205 of 225 7.b) DS2023-068, Danielle Waters, Planner re: Temporary Trailer Agreemen... Respectfully submitted, Danielle Waters, Planner, August 21, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 21 , 2023 Derek Witlib, RPP, Director, Development Services September 1, 2023 Page 206 of 225 7.b) DS2023-068, Danielle Waters, Planner re: Temporary Trailer Agreemen... Schedule 1: Location Map edw oW dw Rd.0 -------------- 02016 wed=" 1401 1 1896 1904 1976 1960 1992 1998� old Barrie Rd,E, -- 1347T 2021 2043 J 1933 1358 6 I L 1338� Z N 1335 1290 1324 J 1211 L, Location � /� W Subject Lands 0Toi+ , Proud Heritage,Exritatg Future r 0 100m Page 207 of 225 7.b) DS2023-068, Danielle Waters, Planner re- Temporary Trailer Agreemen... Schedule 2: Aerial Photo -- 1976 IK960 1992 .w<.w Old Barrie Rd. E. a 1347 ., Z RR 1338 �, 1337 c J. 1211 i 1290 1335 1324 a Pk .a Aerial 4� ® Subject Landste Prond Heritage, i urrn, 0 100 M J I I I I I Page 208 of 225 7.b) DS2023-068, 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, I, John Reid, of the Township of Oro-Medonte in the County of Simcoe, covenant and agree as follows: 1. That I am the registered owner of Concession 13 West Part Lot 11 RP;51 R41687 Part 3 (Oro), Township of Oro-Medonte, being more particularly described as 1337 Line 12 North. 2. That I 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 I 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 the passing of By-law No. 2023-075 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 I 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. 1 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 209 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re: Minor Var... t Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Intermediate Planner Meeting Date: September 6, 2023 Report No.: DS2023-077 Subject: Minor Variance Application, 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-077 be received and adopted. 2. That Minor Variance Application 2023-A-13 by Bonnie and Randy Sheldrake specifically for permission to build an addition to the existing detached accessory building (garage) with an increase in height of 6.7 metres (22.0 feet) and an increase in floor area of 891.8 square metres (9,600.0 square feet), on lands municipally known as 2309 Penetanguishene Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-077. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4 and Section 5.1.6, the proposed detached accessory building addition shall otherwise comply with all other applicable provisions of the Zoning By-law-, b) That the proposed detached accessory building addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee-, c) That the detached accessory building shall not be used for human habitation-, Development Services September 6, 2023 Report No. DS2023-077 Page 1 of 16 Page 210 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re: Minor Var... d) That no trees are removed to accommodate the addition or they are replaced if destroyed during construction; e) That in accordance with the scoped Environmental Impact Study, the applicants remove all excavated material from the edge of the woodlands; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background Property Information The subject property has a lot area of 9.7 hectares (23.97 acres), according to MPAC records, and contains a single detached dwelling, a garden suite, a 557.4 square metres (6,000.0 square feet) detached accessory building, a couple of coverall buildings and a number of smaller detached accessory buildings. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Previous Planning Applications This property has been subject to a number of Planning Applications over the years. A chronology of the Planning Applications is listed below: • Minor Variance application 2008-A-04 was approved on February 21 , 2008 to permit a detached accessory building with a maximum height of 7.3 metres (24.0 feet) and a maximum floor area of 297.0 square metres (3,197.0 square feet). • Minor Variance application 2012-A-07 was approved on March 15, 2012, to permit a detached accessory building with a maximum floor area of 483.0 square metres (5,200.0 square feet). • Zoning By-law Amendment Application 2016-ZBA-04 was passed on June 1 , 2016 (By-law 2016-091) to permit a garden suite as a temporary use on the subject lands. • Consent Application 2020-B-13 was approved on June 3, 2020, to permit a boundary adjustment which severed a lot area of approximately 4.85 hectares (12.0 acres) and a lot frontage of approximately 41.04 metres (134.6 feet) from 2283 Penetanguishene Road and merged it with 2309 Penetanguishene Road. • Zoning By-law Amendment Application 2020-ZBA-14 was passed on September 9, 2020, (By-law 2020-087) to rezone the subject lands from the Agricultural/Rural (A/RU) Zone and Rural Residential Two (RUR2) Zone to the Agricultural/Rural Exception 317 (A/RU*317) Zone to permit a landscaping business. Page 211 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Minor Variance Application 2023-A-13 The applicants are proposing to build a 334.4 square metre (3,600 square feet) addition to the existing detached accessory building. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.4 — Maximum Height Required. Proposed: 4.5 metres 14.7 feet 6.7 metres 22.0 feet Section 5.1.6 — Maximum Floor Area Required: Existing: Proposed Addition: Total Proposed: 100.0 square 1 st floor: 1st floor: 1 st floor: metres 783.01 square metres 334.4 square metres 817.5 square metres (1,076.4 (5,200.0 square feet) (3,600.0 square feet) (8,800.0 square feet) square feet) 2nd floor: 2nd floor: 74.3 square metres 74.3 square metres (800.0 square feet) (800.0 square feet) Tota I: Tota I: 557.4 square metres 891 .8 square metres 6,000.0 square feet 9,600.0 square feet The applicants' site plan and elevation drawing are included as Schedules 3 and 4 to this report. On May 3, 2023, Development Services Committee deferred Minor Variance application 2023-A-13 to provide the applicant with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans. The applicants retained Root Environmental who completed a Scoped Environmental Impact Study (EIS). The results of the EIS will be discussed in the following sections. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. Planning Staff are satisfied that the proposed expansion to the existing accessory building, which is being used for their landscaping business and personal storage, is compatible with the rural landscape. Page 212 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... In accordance with Schedule B — Natural Features of the Township's Official Plan, the subject lands are located within a significant woodland. Section 2.1.5(b) of the PPS states that development and site alteration shall not be permitted in significant woodlands unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The applicants retained Roots Environmental who prepared a Scoped Environmental Impact Study in support of the Minor Variance application to permit construction of an addition to the existing accessory building. In their assessment of the significant woodland, they noted that the area that had already been cleared for the addition represents less than 0.03 hectares (0.07 acres) and that no further removal of the woodland was proposed. They concluded that no negative impacts are anticipated to the natural heritage features or related ecological functions as a result of the proposed development, provided that development occurs in accordance with the proposed plan and that the recommended mitigation measures are implemented. Planning Staff recommend that as a condition of approval of the Minor Variance, that all excavated material be removed from the edge of the woodlands, in accordance with the mitigation measures listed in the EIS. The subject lands are not regulated by the Nottawasaga Valley Conservation Authority (NVCA); therefore, the application and EIS were not circulated to them for comments in accordance with Bill 23 and the changes to the Conservation Authorities regulations. 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) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 — Rural Areas is applicable to this application. Specifically, Section 2.2.9.3 c) states that development outside of settlement areas may be permitted on rural lands for: other rural land uses that are not appropriate in settlement areas provided they: I. are compatible with the rural landscape and surrounding local land uses; II. will be sustained by rural service levels; and, III. will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations (p. 27-28). Planning Staff are satisfied that the expansion to the existing accessory building, which is being used for personal storage and for their landscaping business, is compatible with the surrounding land uses and can be sustained by rural services. Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features also applies to this application as the proposed development is located within a significant woodland. Specifically Section 4.2.3.1 states: "Outside of settlement areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for: ... e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into Page 213 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... conformity with this Plan, subject to demonstration that the use does not expand into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure;" (p. 42-43). Section 4.2.3.1 (e) recognizes that there are instances where existing structures and uses should be permitted to expand provided specific requirements are met. The specific requirements that this policy identifies are that no other alternatives are available, the expansion is to be limited in scope and within close proximity to existing buildings. In Planning Staff's opinion, the proposed development meets the general intent of these policies as the proposed addition is immediately adjacent to the existing accessory building, within the existing building cluster on the lot. Furthermore, the applicant obtained an EIS in support of the application, stating that no negative impacts are anticipated to the significant woodland as a result of the proposed development. On the basis of the preceding, Planning Staff is of the opinion that this application conforms to the Growth Plan. County Official Plan The property is designated Rural and Greenlands in Simcoe County's Official Plan, see Schedule 5 to this report. The existing accessory building and proposed accessory building addition will be fully located within the Greenlands Designation. The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. The County's natural heritage system includes significant woodlands, among others. As indicated in the preceding sections, the applicants obtained an EIS in support of the proposed development. The EIS indicated that "as there will be no further removal of woodlands and woodland loss is less than 1% of the total cover associated with the Core Area, no negative impacts are anticipated to Significant Woodlands as a result of the proposed development" (p.8). Therefore; Planning Staff are of the opinion that the proposed addition conforms to the County's Official Plan. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any County comments that may be received. 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 Page 214 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Oro Moraine Core/Corridor Area and Rural in "Schedule A — Land Use" of the Township's existing Official Plan (1997), see Schedule 6 of this report. The existing accessory building and proposed addition are located in the Oro Moraine Core/Corridor Area Designation. The objectives of the Oro Moraine Core/Corridor Area Designation are: • restrict development in the most sensitive area of the Oro Moraine; • encourage the retention and enhancement of the natural heritage features and functions in the natural core area; • maintain and where possible, improve and restore linkages between significant natural heritage features to facilitate the movement of plants and animals; and, • restrict development in the Oro Moraine — Natural Corridor Area that would have a negative impact on significant natural features and their ecological functions on lands within the Oro Moraine — Natural Core Area designation. Permitted uses in the Oro Moraine Core/Corridor Area designation include single detached dwellings and accessory uses on existing lots. In Accordance with Schedule B — Natural Features, all lands within the Oro Moraine Core Corridor Areas are considered to be significant woodlands. Section 131.10.1.4 (f) states: "development of any use that requires a Planning Act approval may be subject to the preparation of an Environmental Impact Study (EIS) and a Management Plan (MP) before such an application is approved" (p.43). As indicated in the preceding sections, an EIS was submitted in support of the proposed addition. The EIS concluded that they do not anticipate any negative impacts to natural heritage features or related ecological functions found on the subject lands, provided that development occurs in accordance with the proposed plan and recommended mitigation measures are implemented. The subject lands are designated Greenlands and Rural in "Schedule A — Land Use" of the Township's Adopted Official Plan (2022), refer to Schedule 7 of this report. The existing accessory building and proposed addition are located in the Greenlands Designation. The Greenlands Designation permits single detached dwellings and by Page 215 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... extension accessory uses on existing lots, as well as existing lawful uses, restricted to the provisions of the applicable existing zoning as of the date of the approval of the plan. On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's existing and adopted Official Plans. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural Exception 317 (A/RU*317) in the Township's Zoning By-law 97-95, as amended. Exception 317 permits a landscaping business. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1 . The applicants have requested relief from the Zoning By-law to permit the construction of an addition to the existing detached accessory building with an increased maximum floor area and an increased maximum height. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to permit the addition with a height of 6.7 metres (22.0 feet). The applicants had previously obtained a variance for the original garage which permitted a maximum height of 7.3 metres (24.0 feet) (Minor Variance 2008-A-04). A detached accessory building in the Agricultural/Rural (A/RU) zone is permitted to have a maximum floor area of 100.0 square metres (1,076.4 square feet). The existing two storey detached accessory building has a floor area of 557.4 square metres (6,000.0 square feet). The applicants are proposing to build a 334.4 square metres (3,600.0 square feet) one storey addition to the existing garage for a total floor area of 891 .8 square metres (9,600 square feet). The garage is being used for personal use as a garage and for their landscaping business. Exception 317, which permits the landscaping business, does not restrict the size of the associated building(s). Based on the above, Planning Staff is satisfied that the proposed detached accessory building addition would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the rural area. Upon site visit, Planning Staff noted that the proposed accessory building addition will not be visible from the road and it will have a minimal impact on the surrounding neighbours due to its proposed location (approximately 150.0 metres (492.1 feet) from the front lot line) and Page 216 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... the mature vegetation throughout the lot. Planning Staff recommend that as a condition of the minor variance no additional trees are removed or they are replaced if destroyed during construction, to ensure that the accessory building remains screened from view from the neighbouring properties and that it complies with the Environmental Impact Study. Due to the size of the lot, the location of the accessory building addition and the existing vegetative buffer, Planning Staff believe that the detached accessory building addition is appropriate within this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties or on the natural heritage features. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended 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: Page 217 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Development Engineering — No objection. • Township Infrastructure and Capital Projects — No comments. • Hiawatha First Nation — No questions or concerns. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicants' Site Plan Schedule 4: Elevation Drawings Schedule 5: County Official Plan — Land Use Schedule 6: Township Official Plan — Land Use Schedule 7: Township Adopted Official Plan 2022 — Land Use Conclusion Planning Staff recommends that Minor Variance Application 2023-A-13 be approved, specifically to permit construction of an addition to the existing detached accessory building with an increase in height of 6.7 metres (22.0 feet) and an increase in floor area of 891 .8 square metres (9,600.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Intermediate Planner, August 30, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 31, 2023 Derek Witlib, RPP, Director, Development Services September 1, 2023 Page 218 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 1: Location Map Vase,Rd,— Mannttona Rd. 2 5 D 3 Poo H—h—Valley Rd, Old Bame Rd. 2457 (4Rid9e�Aoad _ 2389 2331 2309 2283 2177 2207 — 30131-Srd.-W. 2689 Location Subject Lands Townshtpof Proud Heritage,Exciting Future �Jrr 0 100 rn File Number:2023-A-13 Page 219 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 2: Aerial Photo —Vases Rd— ..�ri. 2389' .9� Horsesl�aeValleyRd� ��� - � e_ —Rid9e�0.4a 2331 1 - 593E _ - ' ar 2309 ' S 7 ®_ 2283 zzot Aerial fownship a�i��'CLf[/ ® Subject Lands Proud Heritage,Exciting Future 6 100 M File Number:2023-A-13 N I I I I Page 220 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 3: Applicants' Site Plan 4C 6qC - f 1 1 r 0 00 `"� I Site Plan '' Proud Heritage,Fxcrtitkk,Fa-ve File Number,2023-A-13 Page 221 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 4: Elevation Drawings Ps �r Elevation Drawings TU�ts,r �� ` 0� [Proud Heritage,FxrWikk,Pare File Nflmber•2023-A-13 Page 222 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 5: County Official Plan — Land Use —V.-V-Rd.—7 -Moansron/e/Rd' H°nesh°e ValleµRd. oid.Rn..ia.Rd � 1Ridge�R°d,� Q7 C N N .7 C Y C a Dwinnell.Rd. 30131 Srd.W, County of Simcoe — Land Use =3 Subject Lands Agricultural � �4 MIR Green lands Township of Rural Proud Heritage,Exciting Future 0 300 rn File Number:2023-A-13 Page 223 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 6: Township Official Plan — Land Use —Vas ,Rd.— H°nesh--Va11e-Rd. .ald.garrjeRd. d Q7 IL t N_ C d d Dwinnell Rd. � 30131 Srd.W. Township Official Plan - Land Use CJ Subject Lands tni,Oro Moraine Boundary +� 0 Rural -Oro Moraine CoreiCorridorArea Township�f +V' Proud Heritage,Exciting Future 0 300 M File Number:2023-A-13 I Page 224 of 225 7.c) DS2023-077, Catherine McCarroll, Intermediate Planner re. Minor Var... Schedule 7: Township Adopted Official Plan 2022 — Land Use —VaseyRd.— ---- .Mo°nstancR/d. J _ Ho�eshoeValleyRtl Old 1arrie.Rrl. - Y '�0.id0erR°a8 -` 73 tY N C N t I - _ C C QJ la 93 i �J Dwinnell-Rd. 31y137_Srd W.— — F Township Adopted Official Plan (2022) - Land Use CJ subject Lands Oro Moraine Boundary Agricultural Township o� Greenlands Proud Heritage,Exciting Future Rural o soo m File Number:2023-A-13 N I I I I Page 225 of 225