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10 04 2023 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda �T Npf� Electronic Hybrid Meeting Proud Heritage, Exciting Fun, Wednesday, October 4, 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 today as the home for diverse Indigenous Peoples including the historic Page 1 of 200 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 - 15 a) Minutes of Development Services Committee meeting held on Wednesday, September 6, 2023. 5. Public Meetings: 16 - 29 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, Plan 1222 Lot 15 (Oro), municipally known as 2 Ward Avenue, 2023-ZBA-13 (Meirovich). 6. Public Hearings: 30 - 55 a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance Application, 2023-A-37, Heidi Meirovich, 2 Ward Avenue. 56 - 85 b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-38, Michelle Plowright, 1 Sunnyside Avenue. 86 - 111 c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-39, Allan & Kelly Watson, 30 Lakeshore Road East. 112 - 133 d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re: Minor Variance Application, 2023-A-40, Kathy Crompton, 25 Cherry Trail. 134 - 165 e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance Application 2023-A-41 , Marli Devilliers-Dinner, 1719 Warminster Sideroad. 166 - 188 f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-13 by Antonio Lee & Barbara Elvidge, 18 Bell Lane — Agent: Lauren and Joshua Manolakos, 41 Church Street. Page 2 of 200 7. Reports of Municipal Officers for Action: 189 - 200 a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 2023- ZBA-11, Smitham Homes Inc., 4552 Line 5 North [Refer to Item 5a) 10 04 2023 Council Agenda]. 8. Next Meeting Date: a) Wednesday, November 1 , 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes T°unship°f Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, September 6, 2023 5:31 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Derek Witlib, Director, Development Services; Andy Karaiskakis, 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: , 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 12 Page 4 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC230906-1 Moved by Young, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday September 6, 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, August 2, 2023. Motion No. DSC230906-2 Moved by Clark, Seconded by Hutcheson It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, August 2, 2023 be received and approved as printed and circulated. Carried. Page 2 of 12 Page 5 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 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, 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)]. 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 2374357 Ontario Inc. The following correspondence was received: Township of Oro-Medonte, Operations Division dated August 21, 2023; Enbridge Gas dated August 23, 2023; Township of Oro-Medonte, Building Division dated August 28 and 29, 2023; County of Simcoe, Planning Department dated September 6, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 12 Page 6 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. 6. Public Hearings: a) DS2023-069, Danielle Waters, Planner re: Minor Variance Application, 2023-A-32, Randy Langstaff, 419 Line 11 South. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Randy Langstaff. The following correspondence was received: Township of Oro-Medonte, Operations Division dated August 21, 2023; Township of Oro-Medonte, Building Division dated August 28, 2023; Lake Simcoe Region Conservation Authority dated August 30, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Kristi Fishpool, on behalf of the applicant, was present. Chris and Randy Langstaff, applicants, were 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. DSC230906-3 Moved by Greenlaw, Seconded by Bard It is recommended 1 . That DS2023-069, Danielle Waters, Planner re: Minor Variance Application, 2023- A-32, Randy Langstaff, 419 Line 11 South 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 DS2023-069. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 12 Page 7 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. b) DS2023-071, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by David Tomingas. The following correspondence was received: Alderville First Nation dated August 17, 2023; Brent Cameron dated August 19, 2023, Township of Oro-Medonte, Operations Division dated August 21 , 2023; Brian Stratford and Margie Baks dated August 26, 2023; Township of Oro-Medonte, Building Division dated August 28, 2023; Lake Simcoe Region Conservation Authority dated September 1 , 2023; Paul Sanderson dated September 6, 2023; Cathy Wright/David Paratore dated September 5, 2023. Catherine McCarroll, Intermediate Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. David Tomingas, 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. DSC230906-4 Moved by Schell, Seconded by Clark It is recommended 1 . That DS2023-071, Catherine McCarroll, Intermediate Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East 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 and at the applicant's request. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 12 Page 8 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. c) 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. 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 Richard Morsink and Caroline Bouma Morsink. The following correspondence was received: Alderville First Nation dated August 21, 2023; Township of Oro-Medonte, Operations Division dated August 21, 2023; Township of Oro-Medonte, Building Division dated August 28, 2023; Lake Simcoe Region Conservation Authority dated September 1, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Matt Pryce, on behalf of the applicant, was present. Caroline Bouma Morsink, 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. DSC230906-5 Moved by Hutcheson, Seconded by Schell It is recommended 1. That 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 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 DS2023-075. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 12 Page 9 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. d) DS2023-073, Danielle Waters, Planner re: Minor Variance Application, 2023-A-35, Amanda Davis, 493 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Amanda and Joel Davis. The following correspondence was received: Jones Consulting Group Ltd. dated August 18, 2023; Township of Oro-Medonte, Operations Division dated August 21 , 2023; County of Simcoe, Transportation and Engineering dated August 22, 2023; Nottawasaga Valley Conservation Authority dated August 23, 2023; Township of Oro- Medonte, Building Division dated August 28, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Joes David, 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. DSC230906-6 Moved by Bard, Seconded by Young It is recommended 1 . That DS2023-073, Danielle Waters, Planner re: Minor Variance Application, 2023- A-35, Amanda Davis, 493 Penetanguishene Road 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 DS2023-073. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 12 Page 10 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. e) 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). 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 1522417 Ontario Limited. The following correspondence was received: Jones Consulting Group Ltd. dated August 18, 2023; Township of Oro-Medonte, Operations Division dated August 21 , 2023; Nottawasaga Valley Conservation Authority dated August 23 and 31 , 2023; Township of Oro-Medonte, Building Division dated August 28, 2023; Lynn Morgan (Cantor) dated August 30 and September 5, 2023; Steve and Lisa Lancione dated September 5, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Gerry van Amelsvoort, owner, was present. Staff confirmed that no additional public registrations were received, The following provided public comments: Lynn Morgan provided comments with respect to her and the applicant's Canada Post property addresses, septic bed concerns, receiving the notice concerns and would like more time to do her survey, environmental concerns with the application, setback from wetlands concerns, other options for septic application that would not be on the wetlands, archeological study concerns and believes there are archaeological digs on the lot. Lisa Lancione provided comments to request the list that was sent to the First Nation Indigenous communities, notice circulation and receiving the notice concerns, applicant's site plan comments/concerns, notice map/formatting concerns, septic location and options/alternatives to EP Zone, wetland concerns, flow of wetland from the applicant's property to her property and how it will affect her property, wildlife and water pollution concerns, mapping/distance/dimension questions and permit questions from the Authority. Page 8 of 12 Page 11 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC230906-7 Moved by Clark, Seconded by Greenlaw It is recommended 1. That 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) 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 DS2023-074. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. f) DS2023-076, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-12 by Phyllis Holmes, 145 Robinson Street. 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 Phyllis Holmes. The following correspondence was received: Township of Oro-Medonte, Operations Division dated August 22, 2023; Enbridge Gas Inc. dated August 24, 2023; Township of Oro-Medonte, Building Division dated August 28, 2023; Lake Simcoe Region Conservation Authority dated August 30, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Megan Asbil, 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. Staff confirmed that no additional correspondence from the public were received during this hearing. Page 9 of 12 Page 12 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. There being no further comments or questions, the hearing adjourned. Motion No. DSC230906-8 Moved by Young, Seconded by Schell It is recommended 1. That DS2023-076, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-12 by Phyllis Holmes 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 DS2023-076. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 7. Reports of Municipal Officers: 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. Motion No. DSC230906-9 Moved by Clark, Seconded by Young It is recommended 1. That 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 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. Page 10 of 12 Page 13 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. 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 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. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. 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]. Motion No. DSC230906-10 Moved by Greenlaw, Seconded by Hutcheson It is recommended 1 . That DS2023-068, Danielle Waters, Planner re: Temporary Trailer Agreement, 1337 Line 12 North, John Reid 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. Carried. c) DS2023-077, Catherine McCarroll, Intermediate Planner re: Minor Variance Application, 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road. Motion No. DSC230906-11 Moved by Bard, Seconded by Clark It is recommended 1. That DS2023-077, Catherine McCarroll, Intermediate Planner re: Minor Variance Application, 2023-A-13, Bonnie and Randy Sheldrake, 2309 Penetanguishene Road be received and adopted. Page 11 of 12 Page 14 of 200 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, September 6, 2023. 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 DS2023-077. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 8. Next Meeting Date: Wednesday, October 4, 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC230906-12 Moved by Clark, Seconded by Schell It is recommended that we do now adjourn at 7.48 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services/Secretary- Treasurer, Andy Karaiskakis Page 12 of 12 Page 15 of 200 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for (t1rY /I'� r'�zlf' Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2023-ZBA-13 (Meirovich) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Acton the 13th day of September, 2023. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on October 4, 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 Plan 1222 Lot 15 (Oro), municipally known as 2 Ward Avenue.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 the property from Shoreline Residential (SR)Zone to Shoreline Residential Exception xx (SR*xx)Zone for the purpose of changing the use of an existing garage into a Sleeping Cabin (Bunkie). Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/mun icipal-services/plan ning-information. Written submissions can be made by: 1. Emailed to plan ninq(j�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 ning(a)oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 16 of 200 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal (OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Derek Witlib, Director, Development Services planning6d�oro-medonte.ca Dated at the Township of Oro-Medonte this 14t" day of September, 2023. Location Map Y ��a J / �9i Digpj 0 �a, �C a ®Subject Lands Page 17 of 200 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicants Site Plan: m C \ U r \ r �\ _ Lb •Z \ f \ S I! � W Existing detached accessory building to be renovated into a sleeping cabin (bunkie) 1 va � o Page 18 of 200 Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) v Location: 2 Ward Avenue Zoning: Shoreline Residential (SR) � � m Official Plan: Environmental Protection OneJF (D Current Use: Residential TT v D m � o � v N C9t7ownrh;p of O o Pn*iid Hrri�n�pr,F.s�i�ing Frrtiirr z 0 .-f n 0 Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) v Purpose: The purpose and effect of the proposed Zoning By-law Amendment is to rezone the property from Shoreline Residential (SR) Zone to Shoreline Residential Exception ## (SR*##) Zone for the purpose of changing the use of an existing garage into a Sleeping Cabin (Bunkie). o 0 0 v 0 v D m � N — O O � � N C9t7ownrh;p of O o Pn*iid Hrrinpr,F.siing Frrtiirr z 0 .-f n 0 Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) Cn v Aerial Photo: o m O 0 2 cu AQ 4 O np l J O 2 CD .-f 4 CD v D N — O 0 0 P-4 Heritage,E-W,,g Frrhirr z O .-f n CD O Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) Cn v Existing Zoning: .,.a o La—mor. ISM O c 3 Horseshoe Valley Rd.E. O 05 rf a/ao-ss ip— n• lD m O ar T CD n d az orser or. (D &r�hR �• r-f O 0) l) O Subject Lands SR „e (D 'r"az R1(Residential One) Bass 9° (D (Q SR(Shoreline Residential) Lake N A/Rl1(Agricultural/Rural) N EP(Environmental Protection) 0 O 0 OS(Open Space)Ili O 0 CD P-4 Heritage,E-W,,g Frrhirr z O .-f n lD O h Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) v Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: o 0 CID 0 m m 0 Bass �_�" 0 Lake 0 Agricultural Agricultural Agricultural (D v -Rural Settlement Area Greenlands Settlements (D 0 Restricted Rural Rural Greenlands W Shoreline Rural Settlements M (� Rural O N Environmental Protection One Shoreline �� s O 0 0 P-4 Heritage,E-W,,g Frrhirr z 0 .-f 0 0 0 Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) v Applicant's Site Plan. WARDAV —- 0 /- i o CD q�s , i P O CD N � .-f O 3 (D CD BASS LAKE BY4 N -- s O 0 0 O P-4 Heritage,E-W,,g Frrhirr z O .-f n CD O Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) Cn v w 17 CD ° CD c-� m m v m � East on Ward Avenue �� s 0 0 Prarnd Heritage,Exriling Frrhirr z ° .-f n CD ° Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) v �r o rr z 0 CD h CD v CD hr CD Zoning sign posted View from street O 0 OIT Prarnd Heritage,Exriling Frrhirr z O .-f n CD O Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) Cn v 0 O N z O h (D (D O � n O r (D ° (D v D Existing dwelling o v N �� s O 0 0 O P-4 Heritage,E-W,,g Frrhirr z O .-f n CD O Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) qP, o m 0 CD .. r 0 _ m CD C� Existing detached building for bunkie 0 P-4 Heritage,E-W,,g Frrhirr z 0 .-f 0 CD 0 Zoning By-Law Amendment Application 2023-ZBA-13 (Meirovich) Cn v Recommendation: w 0 This concludes staff's summary/overview of the planning context and summary of the applications. o CD There will be no decision made at tonight's meeting. The purpose is to receive public comments. O A recommendation report will be prepared by Staff and the applications will be M considered by the Committee at a future date one comments from the public, 3 agencies, and Township Departments are received and a planning analysis is completed. N — O v N ownrh;p of O o C9t7 11 1 Hr I,I v,F.s Img Frrtiirr z O .-f n O 6.a) 5.45 p.m. DS2023-082, 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: October 4, 2023 Report No: DS2023-082 Subject: Minor Variance Application, 2023-A-37, Heidi Meirovich, 2 Ward Avenue Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-082 be received and adopted. 2. That Minor Variance Application 2023-A-37 by Heidi Meirovich specifically for permission to construct an addition to an existing dwelling with a reduced setback from the Environmental Protection Zone of 2.41 metres (7.9 feet) on the lands municipally known as 2 Ward Avenue, Township of Oro-Medonte, be approved subject to the conditions outlined in Report DS2023-082. 3. The conditions are as follows: a) That notwithstanding Table B1 and Section 5.27, the proposed addition to the existing dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition to the existing 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, NVCA 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 October 4, 2023 Report No. DS2023-082 Page 1 of 14 Page 30 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... Background The subject property has a lot area of 0.1 hectares (0.25 acres) and contains a single detached dwelling and detached accessory building. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. There is a Provincially Significant Wetland located on the property to the north of the dwelling and as a result there is a 30.0 metres setback from the Environmental Protection Zone on the neighbouring property. The applicant is seeking relief to the following sections of Zoning By-law 97-95, for the purposes of permitting an addition to an existing dwelling located within the setback to the Environmental Protection (EP) Zone: Table B1 — SR, Interior Side Yard Setback Required. Proposed: 3.0 metres 9.8 feet 2.41 metres 7.9 feet Section 5.27 — Setback from environmental Drotection zone Required. Proposed: 30.0 metres 98.4 feet 2.41 metres 7.9 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 regarding natural hazards as the existing development has occurred away from the features. Planning Staff is of the opinion that the proposed development is consistent with the Natural Heritage policies of the PPS, as the proposed addition is 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 Development Services October 4, 2023 Report No. DS2023-082 Page 2 of 14 Page 31 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... the Growth Plan as the applicants are proposing an addition to an existing 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: "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). In Planning Staff's opinion, no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) as the addition is to be located within the developed portion of the lot and there is no new or increased impact created by the development on the natural heritage feature. The entire property is regulated by the NVCA. This application was circulated to the NVCA who advised that they have no objection to the variance as submitted but a 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 Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the addition to the single detached dwelling is permitted on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services October 4, 2023 Report No. DS2023-082 Page 3 of 14 Page 32 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing 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. Adopted Official Plan The subject lands are designated Shoreline in the Township's Adopted Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. The Shoreline designation allows for limited shoreline development and must maintain the existing character of this predominantly residential area. Therefore, based on the above, the requested variances pertaining to the construction of an addition with a reduced interior side yard setback and EP setback is considered to conform to the general intent and purpose of the Official Plan. Current Official Plan The subject lands are designated Environmental Protection One in the Township's Official Plan. Permitted uses on lands designated Environmental Protection One may include conservation and passive recreation uses. The proposed minor variances are to facilitate an addition to an existing dwelling which is in line with the zoning of the property and the surrounding area. When reviewing the current OP layer and comparing the aerial imagery, Planning Staff are of the opinion that the Environmental Protection One designation is not accurate, with the added benefit that the County OP and the Township Adopted OP having designating the subject lands Rural and Shoreline, respectfully. The proposed construction will take place within the disturbed area of the property. Section E 1.1.6 — Flexibility, allows the Township flexibility in the line of a designation and the requirement for studies to be submitted based on the nature of a proposal. Staff do not believe the submission of an Environment Impact Study would further add to the recommendation of this application. Planning Staff are satisfied that the proposed addition will not have any negative impact on the environmental features, and any protection during development will be mitigated through a permit required by NVCA. Development Services October 4, 2023 Report No. DS2023-082 Page 4 of 14 Page 33 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... Based on the above, Planning Staff is satisfied that the proposed variance conforms to the general intent and purpose of the Official Plan. Do the variances maintain 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. The EP Zone serves as a protective buffer around a Provincially Significant Wetland on the property to the north of this application 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 2.41 metres (7.9 feet). Planning Staff have received supportive comments from NVCA and is satisfied that the addition is not anticipated to have any adverse impacts on the wetland as it is located within the disturbed area of the property. The Zoning By-law's requirement for a minimum interior side yard setback 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 a reduced interior side yard setback of 2.41 metres (7.9 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the dwelling as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, the requested variance is considered to meet the purpose and intent of the Zoning By-law and would be considered appropriate and desirable development of the lot. 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 existing dwelling is not visible from the neighbouring properties, and the proposed addition will be keeping in character of the established neighbourhood. Planning Staff are satisfied that the proposed addition to the existing dwelling 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 is existing on the property and is small in scale. Development Services October 4, 2023 Report No. DS2023-082 Page 5 of 14 Page 34 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... 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 (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 • NVCA — No concerns, permit required Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation drawings Schedule 5: Zoning Map Schedule 6: Nottawasaga Valley Conservation Authority Comments dated July 20, 2023 Development Services October 4, 2023 Report No. DS2023-082 Page 6 of 14 Page 35 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... Conclusion Planning Staff recommends that Minor Variance Application 2023-A-37 be approved, specifically to permit an addition to an existing dwelling with a reduced setback to the Environmental Protection Zone and interior lot line of 2.41 metres (7.9 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, September 27, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services September 28, 2023 George Vadeboncoeur, September 28, 2023 Interim Director, Development Services Development Services October 4, 2023 Report No. DS2023-082 Page 7 of 14 Page 36 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map 12 10 18Q8 van ad°w. 1836 Horseshoe Valley Rd.E. RiE9=ad.w_ J 83 87 59 67 1 75 1 1 51 1 43 11 1 351 \\ 26 2 4 17 6 1Zdr 8 a Q�e 23 10 12 14 16 18 Location Subject Lands /I)TO I dwship LY (� Yroad Heritage,E:eriring Femre 0 100 m File Number 2023-A-37 and 2023-ZBA-13 V Development Services October 4, 2023 Report No. DS2023-082 Page 8 of 14 Page 37 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo ijplY. l , f IC T[ @/�'hs'4yA,. ''' i V r t4A M , y' iP :4 a 4 8 to ZI . ' 14 16 Aerial Subject Lands Tounashi�i uJ�%%T ,o�zt,�� Proud Hcrire?ge,Exr(riaeg Ftgydrr 100 m 2023-ZBA-13 Development Services October 4, 2023 Report No. DS2023-082 Page 9 of 14 Page 38 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Site Plan > ` (B r \ � r \ M r R �h 9t Rik n C 1Jrucl+gyp of Site Plan � � � Proud Heritage,Exciting FR w". File Number: 2023-A-37&2023-ZBA-13 Development Services October 4, 2023 Report No. DS2023-082 Page 10 of 14 Page 39 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Elevation Drawings Proposed Addition - rr,maaik.w< - Elevations T�„�,,,���4 0 � Prnsrd Herita e,F.xritir,p Frit�re File Ntimher.2023-A-37&2023-MA-13 Development Services October 4, 2023 Report No. DS2023-082 Page 11 of 14 Page 40 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Zoning Map .: Rl R-1 R1 Af RU m Lakeview Dr. 0.d F �. _w.'°I, —RI O OS R-1 RI W -, Horseshoe Valley Rd.E. os AJRU-15 pa tD d Z �1 RI 'G G RS EP os arser Dr. �yre,�Rd Ri SR SR A/RU SR 9VQ Bass Lake 5� .G OS R1 A SR —SR Existing Zoning s� en r RI(Residential One) �; ` Subject Lands l it nship r �. SR(Shoreline Residential) A/RU(Agricultural/Rural) YrorRd llrntq�e,!'�runry Pruior EP(Environmental Protection) OS(Open Space) 0 140 Meters File Number:2023-A-37&2023-ZBA-13 I 1 1 1 I Development Services October 4, 2023 Report No. DS2023-082 Page 12 of 14 Page 41 of 200 6.a) 5.45 p.m. DS2023-082, Danielle Waters, Planner re: Minor Variance A... Schedule 6: NVCA comments "SA z rr� Nottawasaga Valley Conservation Authority August 23, 2023 SENT BY EMAIL Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2E0 Attn: Andy Karaiskakis Secretary Treasurer planning@oro-medonte,ca RE: Application for Minor Variance Town File No. 2023-A-37 2 Ward Ave NVCA ID #56514 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff are in receipt of an application for a proposed minor variance to permit the construction of an addition with reduced setbacks to the Environmentally Protected (2.41 m proposed/30.0 m required) zone and the interior side (2.41 m proposed/3.0 m required) on the lands located without a municipal address on 41h Line, ARN:43460200070730100000, Township of Oro-Medonte. 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 Oro-Medonte and with advisory comments related to policy applicability. Ontario Regulation 172106 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. 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. Nottawasaga Valley Conservation Authority 8195 8°h Line,Utopia,ON LOM 1TO T:705-424-1479 F: 705-424-2115 A member of Conservation Ontario Development Services October 4, 2023 Report No. DS2023-082 Page 13 of 14 Page 42 of 200 6.a) 5.45 p.m. DS2O23-082, Danielle Waters, Planner re: Minor Variance A... Application for Minor Variance Town File No.2023-A-37 2 Ward Ave NVCA ID#56514 September 25,2023 Natural Hazard - Reaulatory Comments 4. The proposed addition is entirely within the flood hazard. The proposal meets minor addition policy. The proposal cannot increase the number of dwelling units on the property or include a basement. 5. Floodproofing will be required for this proposal. The flood elevation for Bass Lake is 252.25m. Floodproofing must be 252.55 m. Floodproofing will be confirmed at the permit stage. G. The proposal is within the cleared area on the property and the removal of a portion of the deck limiting the impacts on the adjacent wetland. Provincial Policy Statement PPS (2020) 7. 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. 8. 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 of 2 Development Services October 4, 2023 Report No. DS2023-082 Page 14 of 14 Page 43 of 200 Minor Variance Application 2023-A-37 (Meirovich) v Location: 2 Ward Avenue \\Xk\ \ Zoning: Shoreline Residential (SR) � Official Plan: Environmental " CD N Protection One 9 Current Use: ResidentialiLL � v v � m � N � o C9t,0 0 Pn*iid Hrrinpr,F.siring Frrtiirr � n D Minor Variance Application 2023-A-37 (Meirovich) v Purpose: The applicant is proposing to construct an addition to a single Cn detached dwelling. The applicant is seeking relief to the following sections of P Zoning By-law 97-95: o N O N Table B1 — SR, Interior Side Yard Setback o Required: Proposed: CO 3.0 metres (9.8 feet) 2.41 metres (7.9 feet) CD Section 5.27 — Setback from environmental protection zone v CD Required: Proposed: 30.0 metres (98.4 feet) 2.41 metres (7.9 feet) v v CD CD N � C9t, 0 o p Pn*iid Hrrinpr,F.siring Frrtiirr � W W n CD D Minor Variance Application 2023-A-37 (Meirovich) v Aerial Photo: 26 CD N O N W O CC) N 0 w =3 CD w CD (n v =3 CD O NEW N lteJ 1��E:CU/11L�/ O O O P-4 Heritage,E-W,,g Frrhirr % W w n CD D Minor Variance Application 2023-A-37 (Meirovich) v Existing Zoning: / a,no I -T o` Lakeview or. O nr os N Horseshoe Valley Rd.E. Co os N aIauas m- O m I m ' 00 N orser o. 0 9Mc��d as � x ID Iv .-f ID Via Subject Lands ya Bass a4k° R1(Residential One) Lake =3 cQ SR(Shoreline Residential) A/Rt1(Agricultural/Rural) S. CD �I EP(Environmental Protection) CD (D O OS(Open Space) N l� eJ 1��E:CU/11L�/ O = O O P-4 Heritage,E-W,,g Frrhirr % Iv w n ID D Minor Variance Application 2023-A-37 (Meirovich) v Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: 0 m O 00 - N 0 (D /r CID sass \� Lake \ � � Agricultural Agricultural Agricultural D v Rural Settlement Area Greenlands CID( Settlements 0 Restricted Rural —% Rural Greenlands -to' Shoreline � Rural Settlements —Rural CID O Environmental Protection One�. �Shoreline /� N lteJ 1��E:CU/11L�/ O = O O P-4 Heritage,E-W,,g Frrhirr % tv M. W n CID Minor Variance Application 2023-A-37 (Meirovich) v Applicant's Site Plan: WARDAV /" --- - ,z- 3 CO O / p OD CD SR CD ,� V BASS LAKE BY4 CD CD O 0 P-4 Heritage,E-W,,g Frrhirr 0 CD D Minor Variance Application 2023-A-37 (Meirovich) v Applicant's Elevation Drawings: 3 0 N O N W O Proposed Addition CC) �• o v m• m m � - v m CD o � m N � C9t, 0 o p Pn*iid Hrri�n�pr,F.s�iring Frrtiirr � W W n CD D Minor Variance Application 2023-A-37 (Meirovich) 24 CD O OD _ (D (D (D v � CD CD East on Ward Avenue Notice sign posted o . . OIT 0. P-4 Heritage,E-W,,g Frrhirr M. w n CD D Minor Variance Application 2023-A-37 (Meirovich) 0 ` 0 k 0 G' CSt CD View from street CD N O OIT 0. 0 0 P-4 Heritage,E-W,,g Frrhirr % W W n CD D Minor Variance Application 2023-A-37 (Meirovich) MOLL — o u O O O (D v (D v � Existing detached w Existing dwelling building N -r � 0. o C91 p P-4 Heritage,E-W,,g Frrhirr M. W n CD D Minor Variance Application 2023-A-37 (Meirovich) IL CD y 3 0 N W O ` N .. 0 v j` (D v (D v v =3 CD m CD NProposed addition location 0 0 P-4 Heritage,E-W,,g Frrhirr % W M. w 0 CD D Minor Variance Application 2023-A-37 (Meirovich) v Recommendation: Approve It is recommended: 3 1. That Report No.DS2023-082 be received and adopted. 0) N 2. That Minor Variance Application 2023-A-37 by Heidi Meirovich specifically for permission to construct an addition to an existing dwelling with a reduced 0 setback from the Environmental Protection Zone of 2.41 metres(7.9 feet)on the lands municipally known as 2 Ward Avenue,Township of Oro-Medonte,be W approved subject to the conditions outlined in Report DS2023-082. 0 0 3. The conditions are as follows: N a) That notwithstanding Table B1 and Section 5.27,the proposed addition to the existing dwelling shall otherwise comply with all other applicable p provisions of the Zoning By-law; b) That the proposed addition to the existing 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,NVCA 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. v v =3 c (D (D cn � cn N _ N (� O �// � 0 O O Fraiir!Hnirnpe,Es Ii,l;Frrhi M 11) D 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: October 4, 2023 Report No.: DS2023-078 Subject: Minor Variance Application 2023-A-38, Michelle Plowright, 1 Sunnyside Avenue Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-078 be received and adopted. 2. That Minor Variance Application 2023-A-38 by Michelle Plowright specifically for permission to build a detached accessory building with a reduced front yard setback of 1.7 metres (5.6 feet), a reduced exterior side yard setback of 1 .0 metres (3.3 feet), an increased height of 6.8 metres (22.3 feet), increased floor area of 110.8 square metres (1,192.7 square feet), on lands municipally known as 1 Sunnyside Avenue, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-078. 3. The conditions are as follows: a) That notwithstanding Section 5.1.4, Section 5.1.6, Section 5.1.3 (a) and Section 5.1 .3 (c), the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; Development Services October 4, 2023 Report No. DS2023-078 Page 1 of 15 Page 56 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 1.7 metres from the front lot line and no closer than 1 .0 metres from the exterior side lot line; f) That a driveway is not permitted from O'Connell Lane; g) That any roadside drainage that existed prior to the issuance of Building Permit 0245-21 is to be maintained and/or restored; and, h) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.19 hectares (0.46 acres), according to MPAC records, and contains a single detached dwelling and boathouse. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Previous Minor Variance Application (2021-A-24) On May 5, 2021, Development Services Committee approved Minor Variance application 2021-A-24 which permitted a detached accessory building with a front yard setback of 3.4 metres (11.1 feet) and an exterior side yard setback of 3.3 metres (10.8 feet). Minor Variance 2023-A-28 The applicant is proposing to revise the previously approved detached accessory building (garage) to be closer to the front and exterior side lot lines and add a second storey; therefore, the applicant is 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 6.8 metres 22.3 feet Development Services October 4, 2023 Report No. DS2023-078 Page 2 of 15 Page 57 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Section 5.1 .6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1st floor: 57.3 square metres (616.7 square feet) 2nd floor: 53.5 square metres (576.0 square feet) Total: 110.8 square metres (1 ,192.7 square feet) Section 5.1 .3 a — Minimum Front Yard Setback for an Accessory Building Required. Proposed: 7.5 metres 24.6 feet 1 .7 metres 5.6 feet Section 5.1.3 c — Minimum Exterior Side Yard Setback for an Accessory Building Required. Proposed: 7.5 metres 24.6 feet 1 .0 metres 3.3 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. Development Services October 4, 2023 Report No. DS2023-078 Page 3 of 15 Page 58 of 200 6.b) 5.55 p.m. DS2023-078, 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. Portions of the property are regulated by the Lake Simcoe Region Conservation Authority (LSRCA); therefore, the application was circulated to the LSRCA for comments. 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) whether the general purpose and intent of the zoning by-law is maintained; and (4) Development Services October 4, 2023 Report No. DS2023-078 Page 4 of 15 Page 59 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... 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 and Residential Limited Service in the Township's Zoning By-law 97-95, as amended, see Schedule 6. The detached accessory building is proposed to be within the portion of the property that is zoned Shoreline Residential (SR). 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 detached accessory building closer to the front and exterior side yard lot lines setbacks and an increased height 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 Development Services October 4, 2023 Report No. DS2023-078 Page 5 of 15 Page 60 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... 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 applicant has requested a variance to increase the height to 6.8 metres (22.3 feet). 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 two-storey detached accessory building with a total floor area of 110.8 square metres (1,192.7 square feet). The main level is proposed to have an area of 57.3 square metres (616.7 square feet) and will be used as a garage with space for a golf simulator, and the second floor is proposed to have an area of 53.5 square metres (576.0 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 smaller than the existing single detached dwelling which has a gross floor area of approximately 263.0 square metres (2,831 .0 square feet) according to the applicant. Despite the increase in floor area, the garage still complies with the maximum permitted lot coverage of 5%. In Planning Staff's opinion, the accessory building's smaller size and proposed use of the building as a garage and for storage, will help ensure that the accessory building will remain secondary and subordinate to the primary residential use. 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 applicant had previously obtained a Minor Variance (2021-A-24) to permit a detached accessory building with a front yard setback of 3.4 metres (11.1 feet) and an exterior side yard setback of 3.3 metres (10.8 feet). The applicant is requesting a further reduction of the front yard setback to 1.7 metres (5.6 feet) and a further reduction of the exterior side yard setback to 1.0 metres (3.3 feet). The Zoning By-law's requirement for a minimum front yard setback of 7.5 metres (24.6 feet) and minimum exterior side yard setback of 7.5 metres (24.6 feet) serves to achieve relatively large landscaped front and exterior side yards which contribute to the low-density residential character of the area, as well as to ensure there is adequate space in which to provide off-street parking spaces on private property in front of dwellings and garages. The garage doors face towards the middle of the property; therefore, parking off street parking will not be a concern. The Operations Department indicated that they have no objections to the minor variances; however, no driveways are permitted from O'Connell Lane and any roadside drainage that existed prior to the issuance of Building Permit 0245-21 is to be maintained or restored. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Development Services October 4, 2023 Report No. DS2023-078 Page 6 of 15 Page 61 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. A number of the shoreline properties in this area have obtained a Minor Variance to permit reduced setbacks. For instance, the property across the road, located at 75 Lakeshore Road East obtained a Minor Variance (2017-A-06) to permit a detached accessory building with a reduced exterior side yard setback of 1.98 metres (6.5 feet) and a maximum floor area of 80.26 square metres (864.0 square feet). Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the addition will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the shoreline residential character of the lot. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • 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 Development Services October 4, 2023 Report No. DS2023-078 Page 7 of 15 Page 62 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Corporate Strategic Goals In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Hiawatha First Nation - The concern I have is the site being located near the Lake which would trigger an archaeological study done. • Township Infrastructure and Capital Projects — Operations has no objections to the variance application, but have comments: o No driveways are permitted from O' Connell Lane o Any roadside drainage that existed prior to issuance of BP 245-21 is to be maintained and/or restored. With respect to the comments received from the Hiawatha 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 Schedule 6: Zoning Conclusion Planning Staff recommends that Minor Variance Application 2023-A-38 be approved, specifically to permit the construction of a detached accessory building so that it would have a reduced front yard setback of 1.7 metres (5.6 feet), a reduced exterior side yard setback of 1.0 metres (3.3 feet), an increased height of 6.8 metres (22.3 feet), increased floor area of 110.8 square metres (1,192.7 square feet), on the basis that the application Development Services October 4, 2023 Report No. DS2023-078 Page 8 of 15 Page 63 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... 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, Senior Planner, September 22, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services September 25, 2023 George Vadeboncoeur, Interim Director, Development Services September 25, 2023 Development Services October 4, 2023 Report No. DS2023-078 Page 9 of 15 Page 64 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Schedule 1: Location Map 15 12 11 12 8 d a 7w „ C 88 92 dl 76 84 7 — m 72 j 68 a 60 A 54 56 � J fn 1 89 83 87 i 71 75 67 65 q=colt ell-Ln. 95 f� 53 55 59 35 1 23 83 29 31 2 15 13 55 2 1 � Lake Simcoe Location Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2023-A-38 1 Development Services October 4, 2023 Report No. DS2023-078 Page 10 of 15 Page 65 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Schedule 2: Aerial Photo 1Moa �Ad� 76 $4 86 i� Lakeshore r .AmE 75 83 87 ai a 67 a, o N � 65 O'connell Ln. Y. 1 2'3 83 2.9 3"1 2 15 ` 13 �p Aerial s� 10lI�i tSjf7f7 U� Q Subject Lands-e� �li2t� Proud Heritage,Exciting Future 0 100 M File Number.2023-A-38 Development Services October 4, 2023 Report No. DS2023-078 Page 11 of 15 Page 66 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Schedule 3: Applicant's Site Plan 0'Cc Nni E'd.L LAN C � 3 r C n m i J x x A "m o ^� A n G `t � 3 LL 3 c lip m WALL �otinrsl��p c��� Site Plan ` ='Jt» Proud Heritage,F-citing Faure File Number:2023-A-38 Development Services October 4, 2023 Report No. DS2023-078 Page 12 of 15 Page 67 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Schedule 4: Elevation Drawings South Elevation: North Elevation: ¢ UJ M;— �e -r; r 4 ®®EIMMEEI®® ! ®® LEI nx mm ®® L1 L-A East Elevation: West Elevation: u roc PEN nr rya . _ r — •,: gA. HR nr L:____________________________mod _ TO Elevations TounaI,)f Frakd Heritaze,Excitirkt,Future File Nflmber•2023-A-3a Development Services October 4, 2023 Report No. DS2023-078 Page 13 of 15 Page 68 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Schedule 5: Floor Plans Main Floor; F ----- p I I Lip- Y Garage 2YV x 23'0" ,.� Second Floor: Uc k Lill a ti Floor Plans -4*54 Toot ff Fraud Heritare,Exciting Fature File Number,2022-A-38 Development Services October 4, 2023 Report No. DS2023-078 Page 14 of 15 Page 69 of 200 6.b) 5.55 p.m. DS2023-078, Catherine McCarroll, Intermediate Planner re:... Schedule 6: Zoning Lt�, —SR*226 -�O RLS U rua �' a O SR � SR �SR S r a' 0 E � / E 4a��ahore Rd.E. sn J� U) SR SR OiCon Hell-LT1. SR w ettLn SR C SR don.- SR RLS SR SR RLS SR Lake Simcoe Existing Zoning r� 0 SR(Shoreline Residential)~ Subject Lands Town�hipo� ,� RLS(Residential Limited Service) A/RU(Agricultural/Rural) Prunud Hrn[ngr,l;sruiirE Fuhur File Number:2023-A-38 A 01 50 Meters Development Services October 4, 2023 Report No. DS2023-078 Page 15 of 15 Page 70 of 200 Minor Variance Application 2023-A-38 (Plowright) Cr Location: 1 Sunnyside AvenueCn Zoning: Shoreline Residential (SR) _ o and Residential Limited Service RLS W 8hore a -�� ��Official Plan: Shoreline Mid: �_� TL-IL Current Use: Residential � n n v 0 � ®sabkct woas T—hi v m -D N r CD ( p� v P-4 Heritage,E-W,,g Frrhirr Minor Variance Application 2023-A-38 (Plowright) Purpose: 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: o N Section 5.1 .4 — Maximum Height Required: Proposed: o 4.5 metres (14.7 feet) 6.8 metres (22.3 feet) O0 n v Section 5.1 .6 — Maximum Floor Area CD Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor: C 57.3 square metres (616.7 square feet) 0 2nd floor: v 53.5 square metres (576.0 square feet) Total: ID N 110.8 square metres (1 ,192.7 square feet) 3 o m Towna• CL hip of C9f .l�lea!a�zt� 1 Pn*iid Hrrirnpr,F.siring Frrtiirr CD CD Minor Variance Application 2023-A-38 (Plowright) Purpose (cont'd): Section 5.1 .3 a — Minimum Front Yard Setback for an Accessory Buildingo Required: Proposed: N 7.5 metres (24.6 feet) 1 .7 metres (5.6 feet) 0 Section 5.1 .3 (c)— Minimum Exterior Side Yard Setback for an Accessory O0 Required: Proposed: v 7.5 metres (24.6 feet) 1 .0 metres (3.3 feet) CD m n n v 0 v m m ca 3 CD o L To-whip of o C9;"1" 11 1 H—,,,V,E—ling Frrtiirr CD CD Minor Variance Application 2023-A-38 (Plowright) Cr Aerial Photo: 8 Cn i a , CO s7 0 O'connell ln. W 1 0 I �^^•���P 1 2. 93 29 31 �Y� lJ 15 � 13 CD CD n^ l) 0 v (D N CD N -r 0 P-4 Heritage,E-W,,g Frrhirr CD CD Minor Variance Application 2023-A-38 (Plowright) Cr Existing Zoning: as CCn n CD i W a' 0 Lakeshore Rd.E. 0 �0q�oa CID CID aka n v subject Lands Lake O N SR(Shoreline Residential) S/117COe N RLS(ResieerLJ�Urnited Service) N AIRU(AgriculluralfRural) % C-TiCID ( Township of OIT P—d Hrru,� , Minor Variance Application 2023-A-38 (Plowright) Township Official Plan Township Adopted County Official Plan Land Use: Official Plan Land Use: Land Use: CD r. N W o M. a -a a o � a N r o�o� o - Lake p Simcoe — v CJ Subject Lands OEnvironmental Protection Two Pig Subject Lands Greenlands C3 Subject Lands Greenlands N rn Rural 3 0 Shoreline Rural Q 0 �Shoreline ( p� v. Prarnd Heritage,Exriling Frrhirr Minor Variance Application 2023-A-38 (Plowright) Applicant's Site Plan: Cn T, 3 CD 0 Si P'nG [p�ca a d° O 0 EX Ikr� � J IU 6'•PksE �.�m � � J l J J y a 4.5.�• �M v a � i 19.5Yn� 9.Jm (D O G.1'r (D CD f—7.46 n �wees.� r - aF� � ,f�iePoSF� IPRn PpSF'b W6aO CF CK b �' 19•H6M Gal4u.� pNrGWA Y5} f 4K,1-34y 0� v — (t] C.I.ILV L'RT S/FIPINPCyC- CD v O �tahlNyd�bE AJEN.uE CD N � o 0 v P-4 Heritage,E-W,,g Frrhirr CD CD Minor Variance Application 2023-A-38 (Plowright) Cr Applicant's Floor Plans: M.W Fl— (� �S q } (n •§ EFaaF: �1" 0 \ - 4 P spa Floor: � (D a: 0 O m N v Oo �. (D P-4 Heritage,E-W,,g Frrhirr CD CD Minor Variance Application 2023-A-38 (Plowright) Cr Applicant's Elevation South Elevation: (Y1 Drawings: North Elevation: 3 CID ®®®�®®®� ® ® o *® N O v n n _ East Elevation: n 11) West Elevation: •--f m CD /0 l J 0 LQ r F CD 0 3 N CL Township of C9� ea!a�at� I Praid Hrrisnpr,F.sri�irt;F•rliirr CD CD Minor Variance Application 2023-A-38 (Plowright) CD , Mh 0 AN W µ. n v 0 v Looking East along Looking North along Looking South along co O'Connell Lane Sunnyside Avenue Sunnyside Avenue o 3 N -r 2� o C9wnshi tTo Pn*iid Hrrinpr,F.siring Frrtiirr Minor Variance Application 2023-A-38 (Plowright) (31 1 �n_ w � (n " N p • N a W gig:N 4 Variance AppIt at 2—1-A 38 Township of O Pi Conre I +r orscxrvrrox vsnx�gv so ''{�# rcrvu nooxEss.,suvnvsros pvexuc 6 nrxc onre.ocroesx w.zazs [' /0 l J 0 CD Public Notice Sign CD 0CD C9tTownshi��of o Pn*rrd Hrrirnpr,F.s�iting Frrh,rr CD CD Minor Variance Application 2023-A-38 (Plowright) i CD or N CAI r- W �1 t 0 .� MM a � W. T c t r x� IFf CD 414 M o � (D v Existing boathouse Existing single detached dwelling CO N 3 O _�A CD 2 N -r � shi�� o C9tTTown Pn*iid Hrrirnpr,F.s:iring Frrtiirr CD CD Minor Variance Application 2023-A-38 (Plowright) Q}5 ri OD Ad f �a- t -_ 0 .�srt k$M'�f 4 e g ro�• � k „X�a S;,y�$ - O (D *� ✓ _ �... CD v Location of the proposed detached accessory building CD W O ' ►CD N, N I—hi -r ( o �� v P-4 Heritage,E-W,,g Frrhirr CD CD Minor Variance Application 2023-A-38 (Plowright) 4 � C31 s¢d? (n 2 ^` CD CD ► �+e5p'vNp 0 rFy, C. H° { „+ t tA� w R a r1a � ro— , v 00 Reduced exterior side yard setback CD O ' ►Q N -r 0 v P-4 Heritage,E-W,,g Frrhirr CD CD Minor Variance Application 2023-A-38 (Plowright) Recommendation: Approve It is recommended: 3 1. That Report No.DS2023-078 be received and adopted. 0 0) N 2. That Minor Variance Application 2023-A-38 by Michelle Plowright specifically for permission to build a detached accessory building with a reduced front yard O setback of 1.7 metres(5.6 feet),a reduced exterior side yard setback of 1.0 metres(3.3 feet),an increased height of 6.8 metres(22.3 feet),increased floor W area of 110.8 square metres(1,192.7 square feet),on lands municipally known as 1 Sunnyside Avenue,Township of Oro-Medonte,be approved subject to O the conditions as outlined in Report DS2023-078. -4 3. The conditions are as follows: 0 a) That notwithstanding Section 5.1.4,Section 5.1.6,Section 5.1.3(a)and Section 5.1.3(c),the detached accessory building shall otherwise comply with v all other applicable provisions of the Zoning By-law; b) That the detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches N. submitted and approved by the Committee; =3 c) That the proposed detached accessory building shall not be used for human habitation,commercial purposes or for a home industry; (D 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 detached 0 accessory building is located no closer than 1.7 metres from the front lot line and no closer than 1.0 metres from the exterior side lot line; v e) That a driveway is not permitted from O'Connell Lane; 0 f) That any roadside drainage that existed prior to the issuance of Building Permit BP 245-21 is to be maintained and/or restored;and, g) That the appropriate Zoning Certificate,Engineered Lot Grading Plan(if required)and Building Permit be obtained from the Township only after the cu Committee's decision becomes final and binding,as provided for within the Planning Act R.S.O. 1990,c.P. 13. N co % (n 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. N o N (� � CL O Fraiir!Hnirnpe,Es Ii,l;Frrhi CD CD CD 6.c) 6.05 p.m. DS2023-079, 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: October 4, 2023 Report No.: DS2023-079 Subject: Minor Variance Application 2023-A-39 by Allan & Kelly Watson, 30 Lakeshore Road East Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2023-079 be received and adopted. 2. That Minor Variance Application 2023-A-39 by Allan & Kelly Watson, specifically to recognize an existing detached accessory building on the subject lands with a reduced rear yard setback of 1.4 metres (4.5 feet) and an interior side yard setback of 1.7 metres (5.5 feet), on lands municipally known as 30 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-079. 3. The conditions are as follows: a) That notwithstanding Sections 5.1 .3(b) and 5.1.3(d) of Zoning By-law 97- 95, as amended, the existing detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the existing 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 applicant maintains and preserves the existing vegetative buffer along the westerly property line, or replaces it with a similar vegetative buffer if destroyed; and, Development Services October 4, 2023 Report No. DS2023-079 Page 1 of 14 Page 86 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... d) 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 land is located at 30 Lakeshore Road East and currently supports a one- storey single detached dwelling and a detached accessory building. The lands have a frontage of approximately 26.0 metres (85.6 feet) and a lot area of 0.12 hectares (0.29 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-39 is to recognize an existing detached accessory building on the subject lands that was constructed without a building permit. The current owners are seeking to obtain a building permit to legalize the existing building; however the building does not comply with the minimum required interior side yard and rear yard setbacks. As a result, the applicants have requested relief from the following sections of Zoning By-law 97-95, as amended: Section 5.1.3(b) — Setback From Rear Lot Line Required: Proposed: 2.0 metres (6.5 feet) 1.4 metres (4.5 feet) Section 5.1.3(d) — Setback From Interior Side Lot Line Required. Proposed: 2.0 metres 6.5 feet 1 .7 metres 5.5 feet The applicants' site plan is included as Schedule 3 to this report. 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 is applicable to this application. This application represents limited development that is consistent with the PPS with respect to Rural Areas. Development Services October 4, 2023 Report No. DS2023-079 Page 2 of 14 Page 87 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... 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 existing 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 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 existing detached accessory building conforms to the Growth Plan as the lands subject to this application are already within an established 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), "...accessory structures and uses...are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature of the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). Planning Staff is of the opinion that the existing detached accessory building is consistent with the LSPP as the detached accessory building is not anticipated to have any adverse impacts on any natural heritage features. County of Simcoe Official Plan The property is designated Rural in Simcoe County's Official Plan (refer to Schedule 4). The Rural Designation permits limited residential development. In Planning Staff's opinion, the existing detached accessory building 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 October 4, 2023 Report No. DS2023-079 Page 3 of 14 Page 88 of 200 6.c) 6.05 p.m. DS2023-079, 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 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. Permitted uses in the Shoreline designation include single detached dwellings. Planning Staff considered the proposed application within the context of the surrounding residential properties and the established character and built form of the area. Upon site visit, Planning Staff noted that the detached accessory building will not stand-out, look out of place or detract from the character of this residential area. On this basis, the requested variance for a detached accessory building conforms to the 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 7). The applicants are proposing to legalize an existing detached accessory building that was constructed without a building permit and are seeking relief from the Zoning By-law to permit the detached building with a reduced interior side yard setback, from 2.0 metres (6.6 feet) to 1 .7 metres (5.5 feet) from the westerly lot line and rear yard setback, from 2.0 metres (6.6 feet) to 1.4 metres (4.5 feet). The general intent of the Zoning By-law in prescribing minimum interior and rear yard setbacks of 2.0 metres (6.6 feet) is intended to provide spatial separation between properties, as well as provide space for access and maintenance around buildings and Development Services October 4, 2023 Report No. DS2023-079 Page 4 of 14 Page 89 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... structures. The applicant is proposing a westerly interior side yard of 1 .7 metres (5.5 feet) and a rear yard of 1.4 metres (4.5 metres) for the detached accessory building which, in Planning Staff's opinion, is adequate space for maintenance and access around the building as it maintains spatial separation between the subject lands and the neighbouring property. The westerly interior side lot line is lined with mature vegetation that provides privacy from the adjacent property to the west. It is not anticipated that the detached building 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. 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 existing detached accessory building does not have any new or aggravating negative impacts on the existing neighbourhood. The lands would still retain adequate space for functional matters such as a septic system, well, parking and outdoor amenity area. Based on the above, Planning Staff is satisfied that the existing detached accessory building is considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties are not 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 Development Services October 4, 2023 Report No. DS2023-079 Page 5 of 14 Page 90 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... • 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. Attachments Schedule 1 : Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Site Plan Schedule 4: County of Simcoe Official Plan — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Township Adopted Official Plan — Land Use Schedule 7: Existing Zoning Conclusion Planning Staff recommends that Minor Variance Application 2023-A-39 be approved, specifically to recognize an existing detached accessory building on the subject lands with a reduced rear yard setback of 1 .4 metres (4.5 feet) and an interior side yard setback of 1.7 metres (5.5 feet), on lands municipally known as 30 Lakeshore Road East, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Development Services October 4, 2023 Report No. DS2023-079 Page 6 of 14 Page 91 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, September 25, 2023 Approvals: Date of Approval George Vadeboncoeur, Interim Director, Development Services September 25, 2023 Development Services October 4, 2023 Report No. DS2023-079 Page 7 of 14 Page 92 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 2s 19 14 15 14 10 1, 24 y 10 Q 6 26 fl. 7 O - N 6 - — 28 30 54 5 32 44 40 42 34 25 38 27 I-akeshore Rd.R• --------_ �55 � 29 --- __ 53 31 /'3 3 41 43 45 47 49 Lake 35 1 55 Simcoe Location 4 r ® Subject Lands T�iarnshipr'I hrond Heritage,L, ivji,or �� 0 100m File Number.2023-A-39 !�" I i i Development Services October 4, 2023 Report No. DS2023-079 Page 8 of 14 Page 93 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo ..a.w Id I 18 985 10 23 ,<��r@Shore 32 i Rq 40 25 36 27 29 31 33 41 35 Aerial F 74 Tara„urir Q Subject Lands { O;[r�z&t� Proud Herirc r,e,Exciting Facture 100 rn File Number:2023-A-39 I a a i I Development Services October 4, 2023 Report No. DS2023-079 Page 9 of 14 Page 94 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicants Site Plan A A" W xv: A .. �pri f3�3 i LUTE t LAAge P,14i xax. Payer.1. PLAN 511E P 5FR-29W ntn MATCH DSM NO[ID SNiEO X � � SHEID K 22z50 .c� r'z x 225 8 4 14 Eaw— Ilk I j�a TMIq ire Lakeshore Road East Tounashl'p o Site Plan Proud Heritage,Exciting Future File Number:2023-A-39 Development Services October 4, 2023 Report No. DS2023-079 Page 10 of 14 Page 95 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: County of Simcoe Official Plan — Land Use ------------ _ Q ¢a. �z O m N C C 7 fA Lakeshore Rd.� O'connell In. 'onrwell R L a 0 to County of Simcoe — Land Use =i Subject Lands Greer lands =� — Rural ToimrI- f Proud Heritage,Exriring Fnim, 0 100 n1 File Number.2023-A-39 � I I f I I Development Services October 4, 2023 Report No. DS2023-079 Page 11 of 14 Page 96 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 5: Township Official Plan — Land Use Old I Rd I — _e v C a r \: a \\ 0 Township Official Plan - Land Use CJ Subject Lands Q Envirormertal Protection Two Rural 0 Shoreline Township Of Proud Heritage,Exciting Future 0 100 rn File Number:2023-A-39 I I I I Development Services October 4, 2023 Report No. DS2023-079 Page 12 of 14 Page 97 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 6: Township Adopted Official Plan — Land Use ,Ra E 0 U) v m t a sh �/ ore / I / a 0 Lake Simcoe Township Adopted Official Plan - Land Use P&Subject Lands Greenlands Shorelineirttsitrjof ^- Proud Heritage,Exciting 1-nime 0 300 m File Number:2023-A-39 I I I I Development Services October 4, 2023 Report No. DS2023-079 Page 13 of 14 Page 98 of 200 6.c) 6.05 p.m. DS2023-079, Andy Karaiskakis, Manager, Planning Services ... Schedule 7: Existing Zoning s�r :ada��: tj aa„aa:: w�f A/RU RLS ai SR SR SR R, 'C SR a �� rn sh SR/ SR 7 .M 51 Q SR O0 fn SR RLS Lake Simcae Existing Zoning r�' Subject Lands � SR(Shoreline Residential) �►� `� 1„u,,rslrihf F RLS(Residential Limited Service) 0 A/RU(Agricultural/Rural) i p,,,rrd Heritage,Exciting Future File Number:2023-A-39 0 75 Meters l Development Services October 4, 2023 Report No. DS2023-079 Page 14 of 14 Page 99 of 200 Minor Variance Application 2023-A-39 (Watson) 0 Location: 30 Lakeshore Road East 3 Zoning: Shoreline Residential (SR) Lake�shoce_R_Vfl.., W Official Plan: Shoreline J o D Current Use: Residential � ®s�bk�Weds v o m 0 N -r 'v o _=3 Pn*iid Hrri�n�pr,F.s�iring Frrtiirr � co CD n CD Minor Variance Application 2023-A-39 (Watson) 0 Purpose: The applicants are proposing to recognize an existing detached Cn accessory building on the subject lands and are seeking relief to the following sections of Zoning By-law 97-95, as amended: 0 N W Section 5.1 .3 b — Setback From Rear Lot Line o Required: Proposed: D 2.0 metres (6.5 feet) 1.4 metres (4.5 ft) Q v Section 5.1 .3(d) — Setback From Interior Side Lot Line C Required: Proposed: 2.0 metres (6.5 feet) 1.7 metres (5.5 feet) � v v =3 v o m v N 7ownrh;p of =3 0 C9f�.1�lea!a�zt� _ Pn*iid Hrrinpr,F.siring Frrtiirr � CO CD n CD Minor Variance Application 2023-A-39 (Watson) 0 Aerial Photo: 0 N O ,o W O v Cn O D z, Q n _ _ 4 T` 4 T 33 3 CD O � N � O � N 0 O � O P-4 Heritage,E-W,,g Frrhirr CO CD n CD Minor Variance Application 2023-A-39 (Watson) 0 Existing Zoning: 0 N W as 0 v 0 D �a Q <e s orP Rae � a � Cn Lake ` Subject Lands Simcoe cc v CD SR(Shoreline Residential) (Q o RLS(Residential Limited Service) CD _ CD ca A/RU(Agricultural/Rural) o _ N �%ZE CCUf7LPi _�0 Prarnd Heritage,E-W,,g Frrhirr � a CO CD n CD Cn Minor Variance Application 2023-A-39 (Watson) 0 Township Official Plan Township Adopted County Official Plan Cn Land Use: Official Plan Land Use: Land Use: 0 CD co 0 a A . a Lake 1 - =__l�_ Simcoe a I N Environmental Protection Two Greenlands Greenlands 0 0 Rural Shoreline Rural m 0 0 Shoreline _ o C9t, �o Pn*iid Hrri�n�pr,F.s�iring Frrtiirr � co CD n CD Minor Variance Application 2023-A-39 (Watson) 0 Applicant's Site Plan: = " - + err�AsD i C j NuH r' w $ L°: a s k O sur-zsoz � N i O 17gH r'' I sro� r a v4 w (D QI - O — Lakeshore Road East /� N 0 _� O D. O Prarnd Heritage,Exriling Frrhirr � V! CD n CD Minor Variance Application 2023-A-39 (Watson) Applicant's Site Plan IV _� -- Cn (MATCH EXISTNO �� Close-Up of Detached 3 Accessory Building: o t.e 22.50 X 222,67 No xq,5 N �r W O � � v k` X D ,t7 =3 ti VKM 9DED SHED tib v CD � �a 222.40 + 22250 m � 0 a \ o C9t, �o Pn*Hid Hrri�n�pr,F.s�iring Frrtiirr � CO CD n CD Minor Variance Application 2023-A-39 (Watson) 9 el 0 Al 3 CD _ O N W O v O v v C' v Notice sign View looking east along View looking west along Lakeshore Road East Lakeshore Road East N � � � �o C9f =3 Pn*iid Hrri�n�pr,F.s�iring Frrtiirr � CO CD n CD Minor Variance Application 2023-A-39 (Watson) �mm ^4 V/ ti CD yy } l4 N O D v v C. v v � View of subject lands View of subject lands and detached building 0 9� v N Tnwnrh;p of O o � 11 f Hrrirqr,F.sriring Frrtiirr CO CD n CD Minor Variance Application 2023-A-39 (Watson) 3 CD s N a �wC 4 v Cn .k cn Existing detached building View of detached building along CD CD interior side lot line N 7nwnrhiy of � o (91 _ P-4 Heritage,E-W,,g F,,h— =3 D CO CD n CD Minor Variance Application 2023-A-39 (Watson) T 0 V! o/� f( N O r � —rrrr v v v v � v m cQ Existing detached building CD N rw�n;p0" =3 o 0 =3 0 P-4 Heritage,E-W,,g Frrhirr =3 D CO CD n CD Minor Variance Application 2023-A-39 (Watson) 0 Recommendation: Approve It is recommended: 0 1. That Report No. DS2023-079 be received and adopted. N O 2. That Minor Variance Application 2023-A-39 by Allan&Kelly Watson,specifically to recognize an existing detached accessory building on the subject lands W with a reduced rear yard setback of 1.4 metres(4.5 feet)and an interior side yard setback of 1.7 metres(5.5 feet),on lands municipally known as 30 p Lakeshore Road East,Township of Oro-Medonte,be approved subject to the conditions as outlined in Report DS2023-079. v CO 3. The conditions are as follows: > a) That notwithstanding Sections 5.1.3(b)and 5.1.3(d)of Zoning By-law 97-95,as amended,the existing detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the existing 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 applicant maintains and preserves the existing vegetative buffer along the westerly property line,or replaces it with a similar vegetative buffer if destroyed;and, d) 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 forwithin the Planning Act R.S.O. 1990,c.P. 13. to 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. v v =3 cc v m cc (D 0 _ N f O O ILXF90�. Oe lonte 2 Fraiir! =3 0 CO n 6.d) 6.15 p.m. DS2023-083, 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: October 4, 2023 Report No: DS2023-083 Subject: Minor Variance Application, 2023-A-40, Kathy Crompton, 25 Cherry Trail Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-083 be received and adopted. 2. That Minor Variance Application 2023-A-40 by Kathy Crompton specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced interior side yard setback of 1 .0 metres (3.2 feet) and a front yard setback of 5.0 metres (16.4 feet), on lands municipally known as 25 Cherry Trail, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-083. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant obtains an arborist report to provide a protection plan for the vegetative buffer on the south interior side lot line; d) That the applicant maintains or replaces the existing vegetative buffer along the south interior side lot line in accordance with the arborist report to the satisfaction of Planning Staff; e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the Development Services October 4, 2023 Report No. DS2023-083 Page 1 of 11 Page 112 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re: Minor Variance A... foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the dwelling addition is located no closer than 1.0 metres (3.2 feet) from the south interior side lot line and 5.0 metres (16.4 feet) from the front lot line; and, f) 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 lands are located on the east side of Cherry Trail and have a lot area of 0.2 hectares (0.5 acres). The land currently contains a single detached dwelling (refer to Schedules 1 and 2). The applicant is proposing to construct an addition (attached garage) to the existing single detached dwelling to accommodate an accessible basement entrance with stairs and wheelchair lift and a 3rd bay to the garage. The applicant is requesting the following variances from Zoning By-law 97-95, as amended: Table B1 — R1 , front yard setback Required. Proposed: 7.5 metres 24.6 feet 5.0 metres 16.4 feet Table B1 — R1 , side yard setback Required. Proposed: 2.5 metres 8.2 feet T1 .0 metres 3.2 feet The applicants' site plan, floor plan and elevation drawings are included as Schedules 3, 4 and 5 in this report. Analysis: Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1.3 — Settlement Areas is applicable as the subject lands are located within the Sugarbush 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 a residential addition at the front and side of the dwelling that would be permitted by these policies. Development Services October 4, 2023 Report No. DS2023-083 Page 2 of 11 Page 113 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re: Minor Variance A... 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 dwelling addition conforms to the Rural Areas policies in the Growth Plan. County Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements and minimize land consumption and servicing costs" (County of Simcoe, 2016). In Planning Staff's opinion, the applicant's minor variance application conforms to the general intent and purpose of the County's Official Plan by focusing development within the settlement area of Sugarbush. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022, and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this 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 Residential in the current OP and Rural Settlements in the adopted OP. Permitted uses in these designations include single detached dwellings and by extension accessory uses, including detached accessory buildings. Development Services October 4, 2023 Report No. DS2023-083 Page 3 of 11 Page 114 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re: Minor Variance A... The proposal is considered appropriate, and the requested variances would conform to the objectives of the Adopted Official Plan and current Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97- 95, as amended. The applicant is proposing to construct an addition (attached garage) to the existing single detached dwelling to accommodate an accessible basement entrance with stairs and wheelchair lift and a 3rd bay to the garage. The applicant has requested relief from the Zoning By-law to permit the construction of the addition with a reduced reduced interior side yard setback of 1 .0 metres (3.2 feet) and a front yard setback of 5.0 metres (16.4 feet). The Zoning By-law's requirement for a minimum interior side yard setback 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 a reduced interior side yard setback of 1.0 metres (3.2 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. Planning Staff have recommended as conditions of approval that the applicant maintain or provide remedial planting along the interior side lot line in the event the proposed addition to the dwelling will result in the removal of or damage to the property line vegetation. This will maintain a level of privacy and continue the existing screening of the proposed addition from the street and abutting property. Staff have also requested the applicant prepare an arborist report to ensure that there is an adequate protection plan for the vegetative buffer. 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 addition will not interfere with the relatively large driveway on the lands. The Townships Operation Department does not have any objection to the reduced setback. 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? Upon site visit, Planning Staff noted that the proposed dwelling addition would have a minimal impact on the adjacent landowners as there is a row of tall trees along the property line, which will assist in softening the impact of the addition from view. Prior to issuance of a Building Permit, the owners may be required to prepare an Engineered Lot Grading (ELG) Plan, subject to municipal approval. The ELG plan will ensure that water drainage resulting from the proposed addition will be mitigated on the subject lands and will not impact the neighbouring lots. The location of the proposed addition Development Services October 4, 2023 Report No. DS2023-083 Page 4 of 11 Page 115 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re: Minor Variance A... will not interfere with functional matters on the lot such as parking or the septic system area. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their 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 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: • Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. Development Services October 4, 2023 Report No. DS2023-083 Page 5 of 11 Page 116 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re: Minor Variance A... Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Floor Plan Schedule 5: Applicant's Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-40 be approved, specifically to permit the construction of an addition (attached garage) to the existing single detached dwelling with a reduced interior side yard setback of 1 .0 metres (3.2 feet) and a front yard setback of 5.0 metres (16.4 feet), on lands municipally known as 25 Cherry Trail, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted, Danielle Waters Planner, September 27, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services September 27, 2023 George Vadeboncoeur, September 27, 2023 Interim Director, Development Services Development Services October 4, 2023 Report No. DS2023-083 Page 6 of 11 Page 117 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map 5Z 1 3 3353 - - 5 - 7 50 nl� 48 1046 X 12 13 a 3328 fD 14 15 44 3326 Z 18 17 42 m 3324 _ J � 18 19 40 L 3322 U 20 21 38 41 22 23 3320 173 39 36 24 25 37 26 27 34 3314 35 Sugarbush R,y 3312 1 3 F5 7 6 33 9 4 12 31 11 12 14 �Jc Cres. 3308 10 13 I 3 $ 16 15 ! 18 Z � Location ® Subject Lands Towrisliq of ���^, cc�Q�zte� Prond Herifnge,Exeiting Future 0 100 m File Number:2023-A-40 I Development Services October 4, 2023 Report No. DS2023-083 Page 7 of 11 Page 118 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo wa.w 21 2�2 2�3 L.: Q) s cc> 24 25 173 36 - 26 Sugarbush Rd. 1 3 5 7 9 12 Aerial shw& T�,wi di� � Q Subject Lands Yrond Herifnge,Exehing Fulfire nyVr 0 100IT1 File Number.2023-A-40 I i I I Development Services October 4, 2023 Report No. DS2023-083 Page 8 of 11 Page 119 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re- Minor Variance A... Schedule 3: Applicants' Site Plan ��I x .j ; CE L I — lV 7d g Not!� P Div,N 15 J 14 f 4D©x- rr of r.o L7 lF Al Site Plan 0 Ti i Ti �f Proud Heriraze,FxcitirtQ Fritrarc File Number: 2023-A-40 Development Services October 4, 2023 Report No. DS2023-083 Page 9 of 11 Page 120 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re- Minor Variance A... Schedule 4: Applicant's Floor Plan rg LIA - 4 IrQz I ��a P— PI 1Uid<r Znsh Site Plan Proud Heritage,Exritirrf Future File Number:2023-A-40 Development Services October 4, 2023 Report No. DS2023-083 Page 10 of 11 Page 121 of 200 6.d) 6.15 p.m. DS2023-083, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Applicant's Elevation Drawings 71 P I 4 A w f Development Services October 4, 2023 Report No. DS2023-083 Page 11 of 11 Page 122 of 200 Minor Variance Application 2023-A-40 (Crompton) Location: 25 Cherry Trail 01 Nei9 RrryJ Md mk y C ....-.I Zoning: Residential One ` o cf) Official Plan: Residential 00 m --, Current Use: Residential _ (D � 6 CD ,. y° Ejd / c +F� jai , m CD (D CD W CD O Salk rIjO 0 0. O O Prarnd Heritage,Exriling Frrhirr � M. 0) n CD D Minor Variance Application 2023-A-40 (Crompton) Purpose: The applicant is proposing to construct an addition to a single Cn detached dwelling. The applicant is seeking relief to the following sections of P Zoning By-law 97-95, as amended: o N O N Table B1 — R1 , front yard setback o Required: Proposed: W 7.5 metres (24.6 feet) 5.0 metres (16.4 feet) m' m Table B1 — R1 , side yard setback v CD Required: Proposed: 2.5 metres (8.2 feet) 1.0 metres (3.2 feet) � v m N � N C9 .l�lea!a�zt� 0 o p Pn*iid Hrrinpr,F.siring Frrtiirr � n CD D Minor Variance Application 2023-A-40 (Crompton) Aerial Photo: Y s:. N 2 3F O N z W O W W a rots 0 -- v 3 =3 26 CD W Sugarbush Rp, CD A �T V 3 � (D s (D N QI CD O_ N /� +/��f���� O l% � 0. O O Prarnd Heritage,Exriling Frrhu�r � M. 0) n CD D Minor Variance Application 2023-A-40 (Crompton) Existing Zoning: - 00 9j9op9oin T � c '�'�� sumac Cres. =3 a nj 6 '-F CD 5ubjed Lands o a. - a R1(Residential One) ap (p 'OR- EP(Environmental Protection) � �Q N OS(Open Space) eme aia Te„a e CD N PR(Private Recreational) CD N Township of (9, =. 00 Paid Hrrioi�r,Fa ri�inn fdurr � 0 CD D Minor Variance Application 2023-A-40 (Crompton) Township Official Plan Township Adopted County Official Plan Cn Land Use: Official Plan Land Use: Land Use: P B o N 0 \ O CID CID \ N .sf� 4 j ��•� s `�c. ���0 =3 tno C� Oro Moraine Boundary Oro Moraine Boundary Settlements N N OOro Moraine Planning Area Rural Settlements Greenlands vCID O Residential ' N lteJ 1��E:CU/11L�/ O = O O Prarnd Heritage,Exriling Frrhirr � n CID Minor Variance Application 2023-A-40 (Crompton) Applicant's Site Plan: M O99 Cn o J / V! /CD/D� L? � ui N? �r NO NY7d 0 ICI o0 W e r� be. pG� W Olt CD �5 •1'S�U�iE W N C� C. h Qbppfl$d�• � z�•ti -. � Sit6At•K ` S 2 CD w ^o m o O CD m (D OOD OF � N O M„OF,50olF N O m N /� -r O lr_/tQ� 4f�O O Paid Hrri�npr,6sri�irl;F�rliirr � n CD D Minor Variance Application 2023-A-40 (Crompton) 0 - O W W 0 (D (D ^x.;,a-'7 �..,F�� s„,_. � „�F_-�,,._ .- ,�_ ;_::•' � -ems. (D N North on Cherry Trail Notice sign posted South on Cherry Trail N C9 -r ieo�ttP� 0 o p Prwid Hrri�npr,F.sri�irt;F�rliirr � n CD D Minor Variance Application 2023-A-40 (Crompton) CD N .. W _ O W (D v (D � v CD Cj Existing dwelling 0 . . O 0 �. O 0 P-4 Heritage,E-W,,g Frrhirr M. 0) 0 CD D Minor Variance Application 2023-A-40 (Crompton) A .� ^I CD s t W w, O �. W AK CD CD r (D Y c� f � } T M� N v CD Interior side yard CD CD N C9 ieo�ttn� 0 o p Pn*iid Hrri�n�pr,F.s�iring Frrtiirr � n CD D Minor - Application 2023-A-40 (Crompton w227 r.. • , i tSi vd - •�«, i� 'e ..v a. � _ 1r ► • 1Interior side I Front I • 1 CD \_1 M. CD • Minor Variance Application 2023-A-40 (Crompton) Recommendation: Approve , It is recommended: 3 1. That Report No.DS2023-083 be received and adopted. 0) N 2. That Minor Variance Application 2023-A-40 by Kathy Crompton specifically to permit the construction of an addition(attached garage)to the existing single 0 detached dwelling with a reduced interior side yard setback of 1.0 metres(3.2 feet)and a front yard setback of 5.0 metres(16.4 feet),on lands municipally W known as 25 Cherry Trail,Township of Oro-Medonte,be approved subject to the conditions as outlined in Report DS2023-083. p 00 3. The conditions are as follows: Y a) That notwithstanding Table B 1 of Zoning By-law 97-95,the proposed single detached dwelling addition shall otherwise comply with all other applicable p 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 C' and sketches submitted and approved by the Committee; c) That the applicant obtains an arborist report to provide a protection plan for the vegetative buffer on the south interior side lot line; CD d) That the applicant maintains or replaces the existing vegetative buffer along the south interior side lot line in accordance with the arborist report to the �< satisfaction of Planning Staff; CD -� e) That an Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T.)verify by pinning the foundation wall and verifying in writing by way of survey/real property report,prior to the pouring of the footing and if no footing,the foundation,that the dwelling addition is located no closer than 1.0 metres(3.2 feet)from the south interior side lot line and 5.0 metres(16.4 feet)from the front lot line;and, f) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and cc binding,as provided for within the Planning Act R.S.O. 1990,c.P. 13. � (D w 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. CD o _ N (� � O 0 Fraiir!Hnirnpe,Es Ii,l;Frliirr M. 0) 0 CD D 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Townshi�a���'�LLC?,f?,�F,P� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: October 4, 2023 Report No: DS2023-084 Subject: Minor Variance Application 2023-A-41, Marli Devi lliers-Dinner, 1719 Warminster Sideroad Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-084 be received and adopted. 2. That Minor Variance Application 2023-A-41 by Marli Devilliers-Dinner specifically for permission to build a detached accessory building with an accessory dwelling unit with an increased accessory building floor area of 299.8 sq.m (3,228.0 sq.ft.) and increased height to 6.0 metres (20.0 feet), on lands municipally known as 1719 Warminster Sideroad, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-084. 3. The conditions are as follows: a) That notwithstanding Section 5.1.1, Section 5.1 .4 and Section 5.1.6, the detached accessory building and apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the detached accessory building and apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be severed from the property; d) That the detached accessory building shall not be used for commercial purposes or for a home industry; and, Development Services October 4, 2023 Report No. DS2023-084 Page 1 of 19 Page 134 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... e) 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 an area of 1 .85 hectares (4.57) and contains a single detached dwelling and an accessory building. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Through conversations with Planning Staff, the applicant has revised the location of the proposed detached accessory building to be closer to the existing dwelling and within the existing cluster of structures on the property (Schedule 3 and 4). The applicant is proposing to build a detached accessory building that is to be used as a garage for the parking of vehicles and storage and will also include an accessory dwelling unit. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Required: Proposed: No detached accessory building or accessory structure shall be used for Apartment unit within a detached accessory human habitation and kitchen facilities building are prohibited. Section 5.1.4 — Maximum height, detached accessory building Required. Proposed: 4.5 metres 14.7 feet 6.0 metres 20.0 feet Section 5.1.6 — Maximum floor area, detached accessory building Required: Proposed: Agricultural/Rural (A/RU) Zone, the 1 st floor apartment — 56.8 sq.m. (612.0 sq.ft.) maximum floor area of any one 1st floor garage — 169.8 sq.m. (1,828.0 sq.ft.) detached accessory building or 2nd floor garage — 73.2 sq.m. (788.0 sq.ft.) structure is 100 square metres (1076.4 square feet). Total — 299.8 sq.m 3,228.0 sq.ft.) The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4, 5 and 6 to this report. Page 135 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1 .1 states that "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Section 1.1.3 — Settlement Areas is applicable as the subject lands are located within the Warminster 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 and the proposed structure would be permitted by these policies as they are accessory to the residential use. 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 (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2 contains policies for where and how to grow. Specifically, Section 2.2.1.4 (c) states that applying the policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The apartment dwelling units help contribute to providing a diverse range of housing options in the area and to focus development within a Settlement Area. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. Page 136 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... County Official Plan The subject lands are designated `Settlements' in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements and minimize land consumption and servicing costs" (County of Simcoe, 2016). The Township's updated Official Plan (adopted 2022), permits a total of three residential units on eligible properties, including a maximum of one additional residential unit in an accessory building. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the apartment dwelling unit helps contribute towards a diverse housing stock and increased affordability in the area and directs development towards the settlement area of Warminster. Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1 .5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or c) one residential unit in a building or structure ancillary to a detached house, semi- detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. Page 137 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. In the Township's updated Official Plan (adopted 2022), the subject lands are designated Rural Settlements. Section 4.9 contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicant's proposal against these policies: 1. Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 Page 138 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The additional residential unit is contained within an accessory building. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi- detached dwelling or rowhouse dwelling. Staff comment: Not Applicable. The additional residential unit is proposed to be located in the detached accessory building. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Conforms. The additional residential unit is proposed to be located in a detached accessory building, which is accessory to the single detached dwelling. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties in accordance with the relevant zoning provisions. Staff comment: Conforms. The proposed variance would result in two residential units on the lands, and the applicant is seeking Minor Variance relief from current zoning provisions. 6. Additional Residential Units are not permitted within hazardous lands as defined and regulated by the local Conservation Authority either within the basement of a primary residence or within an accessory building or structure. Staff comment: Conforms. The proposed development is not located within or adjacent to hazardous lands. 7. Additional Residential Units will be regulated by the provisions of the implementing Zoning By-law in accordance with the following provisions: a) The Additional Residential Unit shall clearly be ancillary to the principal residence and specific limits as the maximum floor area permitted or size relative to the primary residence will be established in the Zoning By-law; Page 139 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Staff comment: Based on the apartment's smaller size and its location setback from the road, the main dwelling will maintain its appearance as the principal residence. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff comment: Conforms. The additional dwelling unit will be located behind the dwelling, approximately 110 metres (360 feet) from the front lot line; therefore, reducing its impact from the road. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Staff comment: Conforms. The apartment dwelling unit will be compatible with the primary dwelling and surrounding rural area. d) The Additional Residential Unit shall only be permitted on lots that have appropriate frontage and an entrance directly onto a publicly maintained road; and, Staff comment: The subject lands do not comply with the minimum lot frontage of 45.0 metres (147.6 feet) however, Planning Staff are satisfied that the current lot frontage of 40.0 metres (131 .0 feet) is appropriate and fronts directly on Warminster Sideroad, which is owned and maintained by the Township. e) Other siting requirements related to matters such as servicing, parking and access requirements and stormwater management shall be established in the Zoning By-law. Staff comment: Conforms to current Zoning By-law provisions. There is one driveway on the subject lands, which will provide access to both units and provide ample space for parking. The apartment has its own means of egress. The apartment will be serviced by Township water and private septic system. 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Conforms. Page 140 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Conforms. The detached accessory building is proposed to be located within the existing cluster of buildings. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Staff comment: Conforms. The property is serviced by Township Water and private septic system. The owner will be required to obtain a Septic Permit or Sewage System Verification to ensure that there is capacity for the two dwelling units. 11 . Generally, Additional Residential Units will only be permitted as-of-right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Staff comment: The subject lands do not comply with the minimum lot frontage of 45.0 metres (147.6 feet) in the Agricultural/Rural (A/RU) Zone, however, Planning Staff are satisfied that the current lot frontage of 40.0 metres (131.0 feet) is appropriate. 12. The severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed. 13. Garden suites are temporary dwellings and are not considered Additional Residential Units under this Plan. Staff comment: Conforms. The applicant is proposing a permanent additional dwelling unit, not a temporary garden suite. 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Page 141 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Staff comment: Not applicable. The Township does not currently register additional residential units. The subject lands are within the Rural Settlement Area of Warminster. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Planning Staff are of the opinion that the proposed variances to accommodate an additional residential unit on the lands would conform to the Township's adopted (not yet in effect) Official Plan and conform to the general intent and purpose of the current Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural Exception 15 (A/RU*15) in the Township's Zoning By-law 97-95, see Schedule 6. According to the Township's Zoning By-law, a detached accessory building is permitted in the A/RU Zone pursuant to Section 5.1. Exception 15 states that "only uses that existed on the effective date of this By-law are permitted on those lands". The use of the proposed structure is an accessory use to the current residential use. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. The proposed detached accessory building is larger in size than the existing dwelling, however, the combination of the existing dwelling's main floor/basement and proposed apartment will allow for the residential use to be the main use on the property based on floor area. It should be noted that the lot is very close to the required lot area that would allow for an agricultural building which does not have a limit on floor area or height. Planning Staff are satisfied that the proposed structure will appear secondary and subordinate to the main dwelling structure. According to the Township's Zoning By-law, an apartment dwelling unit is permitted in a single detached dwelling in the Agricultural/Rural Zone pursuant to Section 5.4. The owner has requested relief from the Zoning By-law to permit the apartment dwelling unit in the detached accessory building. Considering the changes that have been made to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, the focus of Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this Page 142 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... site-specific context and in advance of the Township's updated Official Plan coming into effect. In accordance with Section 5.4 (c), apartment dwelling units are permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The intent of this provision is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The apartment dwelling unit at 56.8 sq.m. (612.0 sq.ft.) will remain smaller than the primary dwelling unit at 130.0 square metres (1,400.0 square feet). The apartment's smaller size and its location setback from the road will help ensure that it will remain secondary to the primary residential use when viewed from the road. Based on the above, Planning Staff is satisfied that the variances conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the proposed structure will be setback from the road. Furthermore, there is a significant vegetative buffer along the east lot line which allows for a large buffer from the neighbouring street. Due to the size of the apartment dwelling unit relative to the dwelling and its location setback from the road, Planning Staff believe that the accessory building with the apartment dwelling unit is appropriate within this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. The property has one driveway that will support the existing dwelling and proposed accessory building/apartment unit. There is plenty of space for parking for both units along the driveway. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the accessory building and apartment dwelling unit are secondary and subordinate to the primary residential use on the lot and are not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Page 143 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021 , Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Environmental Services o The property is currently serviced by the Warminster Drinking Water System with a single service line. o Should development proceed, the proponent needs to discuss water servicing details for the detached building/apartment unit with Development Engineering & Environmental Services • Severn Sound Environmental Association — no concerns Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Original Site Plan Schedule 4: Applicant's Revised Site Plan Page 144 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Schedule 5: Elevation Drawings Schedule 6: Floor Plan Schedule 7: Zoning Conclusion Planning Staff recommends that Minor Variance Application 2023-A-41 be approved, specifically for permission to build a detached accessory building with an accessory dwelling unit with an increased accessory building floor area of 299.8 sq.m (3,228.0 sq.ft.) and increased height to 6.0 metres (20.0 feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Danielle Waters Planner, September 27, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services September 27, 2023 George Vadeboncoeur, September 28, 2023 Interim Director, Development Services Page 145 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location Map Mannstane Rd 36 1750 32 28 24 Riae=Rd.w_ 20 Warminster Srd. 1 24 25 1727 1733 1137 1743 2 3 1757 23 22 4032 21 5 4 6 20 19 4024 7 8 6 5 18 4020 17 9 10p 16 4012 17--19 7 15 12 ` 14 O 4006 Q O N 13 $ 15 a`i 9 � 14 a 101 0 Y 12 a 11 4000 17 16 11 10 3994 9 19 18 12 15 8 3988 7 21 6 3982 20 14 17 5 23 4 22 16 19 6 4 2 24 25 2 — 8 Robbins Dr. Location 1 � ® Subject Lands ,/js0;Toln�n (� Proud Heritgqe,Exciting Future 0 loom File Number.2023-A-41 4/ I 1 Page 146 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo u::: �172a7 1733 1737 1743 as-ae red.w- - y 6 7 6- 1p a 1719 'Iw 12� oAk 1 16 a 1.4 77 10 Y 17 .. . ail 21 r, 20 - 14 2�3 22. 16 19 Aerial /�]Q Subject Lands 0-"rrr�t Proud Heritage,Excilivtg 1'fuure 0 100 m File Number:2023-A-41 I I I Page 147 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant's Original Site Plan 1 PROPOSED BUILDING �a 60ftx38ft SITE PLAN OVERVIEW SIDE YARD -71 FT EACH SIDE ® k •'� FRONT YARD-810 FT ! REAR YARD-152FT '" Services l Natural Gas Hydro One : . Municipal Water i P 1719 Warminster Side Road i • . Gas Hydra -Water �< Twrnasltip��•Jt Site Plan U` Proud Heritage,Fxcitirgg Future File Number: 2023-A-41 Page 148 of 200 6.e) 6-25 p.m. DS2023-084, Danielle Waters, Planner re- Minor Variance A Schedule • • - • Site Plan Site Plan Proud Heritage,Exchirjz Fwure File r r T T _ - B - y�E a"mi c N AFL 6} M ¢ ¢Q Y F•- >rWz > rWz w w Q 0 w w Q 0 ogw� oow � C L r Number: t Page 149 . •• 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re- Minor Variance A... Schedule 5: Elevation Drawings ----- - - L FRONT ELEYATIC ..� 1� Elevations ToumslsipofJ� Proud Heritage,Fxcitirgg Future File Number.2023-A-41 Page 150 of 200 6.e) 6-25 p.m. DS2023-084, Danielle Waters, Planner re- Minor Variance A Schedule 6: Floor Plan BEDRM lix id TC, SHOP A 1 0 - BONUS RM I GARAGE AREA 17'X 33 3f X 37' 20 X 37 ABOVE SHOP LIVING RM Only accsibletytrle,,, 17 X 11 �- 10 x 12 10 x 11 Floor Plan: ,'A 101441sh 1P)f 01 Proud Heritage,ExcitiRe N(wre File Nomber.2022-A-41 Page 151 of 200 6.e) 6.25 p.m. DS2023-084, Danielle Waters, Planner re- Minor Variance A... Schedule 7: Zoning RI RI Demont Dr. �. a. R1 �~PS Rl LC LC*177 e t. •Re:w. fA R1 Wallis St. R1 3 m y L`C*112 Warminster$Pd. 4*198 R1 Lr I OS*266 A/RU*15 /�f) Z G 0 r � Rl RL (A N C1 L R1(H) R-1*265 U d J Q 3 a '6 Rl*265 14 a RL*265 j RS i a` Robbins Dr. Grace Cres. N C e R *265 Rl*265 Henry B a'll Ct. Rl Rl 245 Grace CCes' * R1 R1 Existing Zoning r,� Subject Lands R1(Residential One) I LC(Local Commercial) T»mship of F A/RU(Agricultural/Rural) Prund Ifrrila,�r,Pcr,�n,y 14u�n-r F OS(Open Space) I(Institutional) 0 140 Meters File Number:2023-A-41 4/ Page 152 of 200 Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Location: 1719 Warminster Sideroad C I �heslO�Cr$�, CD �J 0 Zoning: Agricultural/Rural Exception 15 (A/R U*15) i ka fe3 ! W 13 172 1T..�i 0 _ warminste-,T9r—d—'——w — Official Plan: Rural Settlement AreazT d�`� \ Me'rfin9?ori_ �0._. — �B06G1 r Current Use: Residential Y" HeoryBal Gk' -- Grac ®smnca Lands (p QI W � (D o N C9 Township Paid Hrrioi,r,Fa ri�in�n f,durr � M w n D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Purpose: The applicant is proposing to construct an enlarged detached Cn accessory building that is to include an apartment unit. The applicant is seeking 3 relief to the following sections of Zoning By-law 97-95, as amended: o N O N Section 5.1 .4 — Maximum height, detached accessory buildingo Required: Proposed: CO 4.5 metres (14.7 feet) 6.0 metres (20.0 feet) o Section 5.1 .6 — Maximum floor area, detached accessory building CD Required: Proposed: v Agricultural/Rural (A/RU) Zone, the 1st floor apartment — 56.8 sq.m. (612.0 sq.ft.) CD maximum floor area of any one 1st floor garage — 169.8 sq.m. (1 ,828.0 sq.ft.) detached accessory building or 2nd floor garage — 73.2 sq.m. (788.0 sq.ft.) structure is 100 square metres (1076.4 CD square feet). Total — 299.8 sq.m 3,228.0 sq.ft.) N ` O (9 . � 0 o p Pn*iirl Hrri�npr,F.—iring Frrtiirr � M. 0) n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Purpose (cont'd): Cn Section 5.1 .1 — Uses Permitted in Detached Accessory Buildings o Required: Proposed: o No detached accessory building or w accessory structure shall be used for Apartment unit within a detached accessory o human habitation and kitchen facilities building o are prohibited. m' m v m Y, � v m C QI o � m N C9 .l�lea!a�zt� 0 0 0 Pn*iid Hrrinpr,F.siring Frrtiirr � n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) CD 1750 Aerial Photo: W n-r s,d. ' �1727 173�3 1737 17431� p CO O 4 N W O 7 00 1719 • � �. CD 15 9 S 14 G 17 CD � 19 •. V ♦ 12 _ � U1 23 CD O 0 0. O Prarnd Heritage,Exriling Frrhirr � n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) CD RI Demon Dr.Rv Existing Zoning: o — e O Wallis St. N a�i w 0 00 —_ —Warminster Srd. 1— iRobt 'h ma //�(DSubject LandsR1(Residential One) ins Dr.v 0LC(Local Commercial) m 0 A/RU(Agricultural/Rural) Pv ��jCD OS(Open Space) 5 Henry Ball CL / I(Institutional) Gracect $ (D O = O 0 O Prarnd Heritage,Exriling Frrhnr � n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Township Official Plan Township Adopted County Official Plan Cn Land Use: Official Plan Land Use: Land Use: P s o CD 0 W a 0 E 00 5 Y—' --rmlmlererE. Imw Sm. m C\ a a IJ� 1 cn rva � r 0 Agricultural Agricultural Agricultural m -Rural Settlement Area Rural Settlements Settlements (D Non-Decision Lands 00 o ® Proposed Non-Decision Lands(Additional Lands) j 0 N 0 O � O 0 P-4 Heritage,E-W,,g Frrhirr 0 D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Applicant's original and revised Site Plan: N PROPOSED BUILDING + � ��� 60fix38ft - E. „p"'v N Cow N SITE PLAN OVERVIEW �° d O SIDEYARD-71 FTEACHSIDE ® O � W r FRONT YARD-610 FT 00 REAR YARD-152FT 0 Services (D Natural Gas (D Hydro One -- T Municipal Water C c=tsulbdl,l��.n To v (D • 1719 Warminster Side Roadard — - Enbridge- Gas -Hydro =3 Water (D 1719 WarminsterSide Road (D O_ N /� O 0 �. O 0 Prarnd Heritage,Exriling Frrhirr � 0 CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Applicant's Floor Plans: 3 CD rr N O N X W 0 •xfi BEDRM 00 13 X 10 J1, X' s 0 oo_ FQ v C�HEN =3 A GARAGE AREA SHOP A x 10O 0 CD 17 X 33 31 X 37 �r BON X 37M CD 20wr r------------- r,-------- ABOVE SHOP m rr '"-'"" "" LIVING PM ' 6 6 Only accembie by the X 17 X 12 cQ Wx 12' 1Cf x 12° Ll =3 CD (D rn O N (�-1b Ill O �// � 0 O O Fraiir!Hnirn�pe,6sriIirl;F�rliirr � M. 0) n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Applicant's Elevation Drawings: CD -- O 00 FRONT ELEVATION _D F .-f CD CD O (D N /� p —r� �- O l% 0. O O Prarnd Heritage,Exriling Frrhirr � D n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) N 4.: . W r - j v (D CD CD N Notice sign posted East on Warminster West on Warminster Sideroad SideroadI—A O = O O P-4 Heritage,E-W,,g Frrhirr % w M. w n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) v , (n I� aK N C Q • • AAA CD CD v I Y `may r Existing accessory building Existing dwellling N V O O 0 P-4 Heritage,E-W,,g Frrhlrr 0 CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) r :s o O w CC) m� lV lV• mm W �mmF lV �T T V V u fi .f�a m 0 Proposed building location O l% 0. O O Prarnd Heritage,Exriling Frrhirr � M. w n CD D Minor Variance Application 2023-A-41 (DeVilliers-Dinner) Recommendation: Approve It is recommended: 3 1. That Report No.DS2023-084 be received and adopted. 0) N 2. That Minor Variance Application 2023-A-41 by Marli Devilliers-Dinner specifically for permission to build a detached accessory building with an accessory 0 dwelling unit with an increased accessory building floor area of 299.8 sq.m(3,228.0 sq.ft.)and increased height to 6.0 metres(20.0 feet),on lands municipally W known as 1719 Warminster Sideroad,Township of Oro-Medonte,be approved subject to the conditions as outlined in Report DS2023-084. 0 0 3. The conditions are as follows: J11 a) That notwithstanding Section 5.1.1,Section 5.1.4 and Section 5.1.6,the detached accessory building and apartment dwelling unit shall otherwise p comply with all other applicable provisions of the Zoning By-law; b) That the detached accessory building and apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the (' application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be severed from the property; d) That the detached accessory building shall not be used for commercial purposes or for a home industry;and, e) 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. � v cQ =3 (D � (D rn cn o _ N (� � O 0 Fraiir!Hnirnpe,Es Ii,l;Frrhi M 11) D 6.f) 6.35 p.m. DS2023-080, 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: October 4, 2023 Report No.: DS2023-080 Subject: Consent Application 2023-B-13 by Antonio Lee & Barbara Elvidge, 18 Bell Lane — Agent: Lauren and Joshua Manolakos, 41 Church Street Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2023-080 be received and adopted. 2. That Consent Application 2023-B-13 by Antonio Lee & Barbara Elvidge, to permit an easement measuring approximately 4.0 metres by 130.0 metres (13.1 feet by 426.5 feet) for the purposes of a pedestrian access/walkway in favour of 41 Church Street be approved, subject to the conditions as outlined in Report DS2023-080. 3. The conditions for Consent Application 2023-B-13 are as follows: a) That one copy of a Registered Reference Plan of the easement, prepared by an Ontario Land Surveyor, be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted (precise easement dimensions to be based on field conditions and functional requirements); b) That all municipal taxes be paid to the Township of Oro-Medonte; c) That the applicant's solicitor prepare and submit a copy of the proposed easement document, for review by the Municipality and for use for the issuance of the Certificate of Consent; d) That the Certificate of Consent be issued utilizing Form 2, Section 53(42) of the Planning Act R.S.O. 1990, without qualification; and, Development Services October 4, 2023 Report No. DS2023-080 Page 1 of 13 Page 166 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... e) 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 Lauren and Joshua Manolakos, owners of 41 Church Street, acting as agent on behalf of Antonio Lee & Barbara Elvidge of 18 Bell Lane, have applied for Consent to permit an easement across 18 Bell Lane to accommodate a proposed pedestrian access/walkway from their property to Bay Street. Schedules 1 and 2 to this report show the location of the subject properties and Schedule 3 shows the location of the proposed easement. The details of the proposed easement are as follows: Easement: Frontage/Width: Approximately 4.0 metres 13.1 feet Depth: Approximately 130.0 metres 426.5 feet Area: Approximately 0.06 hectares 0.14 acres Use: Easement for pedestrian access It should be noted that the above-noted dimensions provided by the applicant are approximate and that the precise dimensions of the easement would be determined and illustrated on a future reference plan based on field conditions (i.e. locations of buildings/structures, walkway). Analysis Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Sections 1 .1.3 — Settlement Areas and 1.1 .4 — Rural Areas are applicable to this application. Residential development that is locally appropriate, compatible with the rural landscape, that can be sustained by rural service levels and that is appropriate to the infrastructure which is planned or available, is permitted on rural lands. This application represents a consent for legal or technical reasons (e.g. easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot). The PPS is silent on and does not restrict consents for legal or technical reasons on rural lands. Development Services October 4, 2023 Report No. DS2023-080 Page 2 of 13 Page 167 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Based on the above, the proposed easement for the purpose of a pedestrian access/walkway 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 an easement 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 the Growth Plan is silent on and does not restrict consents for legal or technical reasons in rural areas. Planning Staff are of the opinion that the application conforms to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate consent applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial Plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in the context of the LSPP and have determined that the LSPP is silent on and does not restrict consents for legal or technical reasons such as easements. Based on the above, Planning Staff are of the opinion the application conforms to the LSPP. County of Simcoe Official Plan The subject lands are designated "Settlements" in the County of Simcoe's Official Plan (refer to Schedule 4). Section 3.3 of the County Official Plan contains "General Subdivision and Development Policies", and specifically, Section 3.3.5 permits consents for the purpose of legal or technical reasons in all designations. Therefore, it is Planning Staff opinion that the application for a proposed easement 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, Committee 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 Development Services October 4, 2023 Report No. DS2023-080 Page 3 of 13 Page 168 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... 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 "Rural Settlement Area" in the Township's existing Official Plan (1997) and "Rural Settlements" in the Adopted Official Plan (2022) (refer to Schedules 5 and 6 respectively). Section C17.6.5 - Subdivision Control, of the current Official Plan, 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 easement conforms to the Official Plan. Zoning By-law 97-95 The subject lands at 18 Bell Lane are zoned Residential One Hold (R1(H)) and the lands at 41 Church Street are zoned Residential One (R1) in the Township's Zoning By- law 97-95, as amended (refer to Schedule 7). Single detached dwellings are permitted in these zones. Although the Zoning By-law does not regulate easements, Planning Staff have considered and are satisfied that no zoning-related or functional matters such as parking and septic systems would appear to be impacted or restricted by the proposed easement. 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 Development Services October 4, 2023 Report No. DS2023-080 Page 4 of 13 Page 169 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... • 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 —no comments. Attachments Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Sketch of Proposed Easement 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-13 for the purposes of creating an easement for a pedestrian access/walkway in favour of 41 Church Street be approved subject to the conditions as outlined in this report on the basis that the application conforms to and is consistent with applicable Provincial, County and Township land use policies, comply with the requirements of Section 51(24) of the Planning Act and represents good planning. Development Services October 4, 2023 Report No. DS2023-080 Page 5 of 13 Page 170 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, September 27, 2023 Approval: Date of Approval George Vadeboncoeur, Interim Director, Development Services September 27, 2023 Development Services October 4, 2023 Report No. DS2023-080 Page 6 of 13 Page 171 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 49 19 RaiP - 33 s st. Mefissa ores. 2084 7 -� 12076 1120 1 3 2068 5 7 A 2058 9 ..�o.� .� w.„I]" 2048 Rlag�'``w 2034 2022f !!! 2016 2006 2000 1990 2007 6 5 1160 '57 1164 14 3 1168 1167 20 —�J 1174 N 1180 c 1179 J 32 1177 N 1184 a 1189 50 44 42 0 1200 1197 I 61 51 132 � 41 �' Ch- 1207 60 1 e=a 11 70 126 112 1224 1219 0 102 84 1228 1227 76 153 1233 143 133 123 54 22 115 S 30 107 � 5/ /6! Kempenfelt ��;' 99 91 83 7i 1 1 II! 53 Bay 31 27 25 7 5 Location ^. ® Subject Lands (�T++'�+-11+oaf 0ft�� �' Proud Heritage,Exciting 1`attere 0 100 m File Number:2023-Q-1-3 /� I I I I I Development Services October 4, 2023 Report No. DS2023-080 Page 7 of 13 Page 172 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo 50 � 1200 aa�=�` F1 • '� �h"r�h S .Ad W r 51 132 r ' ! 41. AL I. • 1 t��.. 106 I 1`12 qO2 84 lr 133 Ba y St. 115 Aerial Totvrul rip cf� f Q Subject Lands Proud Heritage,ExMitig Vesture 0 100 M File Number:2023-A-41 Development Services October 4, 2023 Report No. DS2023-080 Page 8 of 13 Page 173 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Sketch of Proposed Easement Q Clink to start drawing 'As us 1. —Proposed acc int to Bela Lane y from_41-£mar6 5t � Proposed area to be used by owners of 41 Church St i ��runulla'p f Consent Sketch Proud Nerita e.,F.xcirhk.,Nture File Number:2023-B-13 Development Services October 4, 2023 Report No. DS2023-080 Page 9 of 13 Page 174 of 200 6J) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: County Official Plan — Land Use William St. .u=.ne ow Rd tkes sr U sa Cres 3 (C;7 aw=aa E' Rr Graham St. s rri 0 N Uf�h=Sf. c J r. c Brook Sf. Sa St. County of Simcoe — Land Use =3 Subject Lands Settlements Greenlands TiIlrisLlp of Rural ��(��Jfl Praed"ermwe,Lrrioiw i w,we 0 100 m File Number:2023-B-13 I I I I Development Services October 4, 2023 Report No. DS2023-080 Page 10 of 13 Page 175 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 5: Township Official Plan — Land Use IJI _ I �E _ Wiliam St.� „------.Rd. J Melis � res. 3 o— .�.Ra w- Rg9e �a Graham 5t. in s vi o N Church Sr. c J I Brook St. Bay St. i i Township Official Plan - Land Use Vj Subject Lands 0 Rural _Rural Battlement Area Shoreline T lrip of. Proud Heritage,6.o-iri++.L l wu, 0 10o In File Number,2023-B-13 Development Services October 4, 2023 Report No. DS2023-080 Page 11 of 13 Page 176 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 6: Township Adopted Official Plan - Land Use William St. CA Me/is Ores. 3 xiA`wd4 // 1 Graham St. N Ch t. — Q7` ! J Brook- r~_r 19 yst T— 1� ' � Ililll Kempenfelt Bay - Township Adopted Official Plan - Land Use CiJ Subject Lands Agricultural �� s Ili Greenlands Rural Settlements Proud Heritage,Excitiag I'ruure � Shoreline a 300 m File Number:2023-A-40 N I i Development Services October 4, 2023 Report No. DS2023-080 Page 12 of 13 Page 177 of 200 6.f) 6.35 p.m. DS2023-080, Andy Karaiskakis, Manager, Planning Services ... Schedule 7: Existing Zoning OS William St. N I' RI - p J Melissa C � � Rl j res, I 3 R.1 LC LC Rigge os Graham.St. _Rq, W I URU � R1 AIRl r -- C LC -- R1 C d 1 Rl a 1 U) R1 _ N -- } rkureh as t- A/RU Rl Rl(H)'f�_ —J +`7 RI os Brook St. Ba S( R1 /R � r SR SR SR Kempenfelt Jos Bay Existing Zoning Rl(Residential One) M-�Subject Lends RUR1(Rural Residential One) ��, -� 0 SR(Shoreline Residential) Tt I of LC(Local commercial) 0;-i ��L[ / 0 AJRU(Agricultural/Rural) Yroad Heritage,Excititq Future _ EP(Environmental Protection) OS(Open Space) 0 130 Meters File Number:2023-B-13 I(Institutional) /I/ J Development Services October 4, 2023 Report No. DS2023-080 Page 13 of 13 Page 178 of 200 Consent Application 2023-13-13 (Lee & Elvidge) Location: 18 Bell Lane 1Cn n Zoning: Residential One Hold (R1 (H)) - - J co i��M1M111F I� N L_ O Official Plan: Rural Settlement Area o - - I 00 R./� "3� cafiain p Current Use: Residential J W SU pI �Ok � (Q ®Subject lards I -- 1 CD CD N 0r,,,„.�; �V O Prarnd Heritage,E-W,,g Frrhirr =3 V! CD n CD Consent Application 2023-13-13 (Lee & Elvidge) w Purpose: The purpose of Consent Application 2023-B-13 is for an easement Cn across the subject lands (18 Bell Lane) for a pedestrian access/walkway in favour of 41 Church Street to access Bay Street. The details of the proposed o easement are: W 0 CO Easement: o D FrontageMidth: Approximately 4.0 metres (13.1 feet) Depth: Approximately 130.0 metres (426.5 feet) v Area: Approximately 0.06 hectares (0.14 acres) Use: Easement for pedestrian access Y, � v v v CO 0 N o _C9 .l�lea!a�zt� � Pn*iid Hrrinpr,F.siring Frrtiirr � CO CD n CD Consent Application 2023-B-13 (Lee & Elvidge) w Aerial Photo: C' CD s 4 O y 1 - cj• -� @ 00 • D 1zs 11z � CD N V/�Q"�e�� O � O P-4 Heritage,E-W,,g Frrhirr =3 CO CD n CD Consent Application 2023-13-13 (Lee & Elvidge) Existing Zoning: a Cn CD Graham 3t 0 00 7 > =3 k. CD Subject Lands B,..k at. 7- RI(Residential One) 01. RUR1(Rural Residential One) SIR(Shoreline Residential) LC(Local Commercial) =3 (Q A/RU(Agricultural/Rural) Kempenfe t EP(Environmental Protection) Bay CD 0N)0 OS(Open Space) 0 1(Institutional) N) C) =3 C) 0 =3 1,,,,,d Heritage,E-W,,g Frrhlrr =3 (D co CD 0 CD Consent Application 2023-B-13 (Lee & Elvidge) w Township Official Plan Township Adopted County Official Plan Cn Land Use: Official Plan Land Use: Land Use: CD /1 tjE 0 r O am s�. 1 V 1- D - Yam, � — �-�- r• � r = d a,ao,s< e,aok= Y a� Kempenfelt J CJ Subject Lands Rural =3 Subject Lands Settlements � (p CJ Subject Lands Agricultural M Rural Settlement Area Greenlands (Q Greenlands (D 00 Cl) Shoreline - Rural o Rural Settlements Shoreline N 0 _� O � O P-4 Heritage,E-W,,g Frrhirr =3 D V! (ID n (ID Consent Application 2023-6-13 (Lee & Elvidge) Applicant's Consent Sketch Applicant's Consent Sketch: `5 N C„ 3 Q o 1 N O —Proposed ac mt to Bell Lane W _-- from rch St r O 1 OD O ,s Q v - v Proposed area to be used 1 by owners of 41 Church St � l SU =3 C.0 w (D e, £ (Q CD CO O O Fraiir!Hnirnpe,Es Ii,l;F,rli,rr =3 V! CD n CD Consent Application 2023-13-13 (Lee & Elvidge) Cn CD N O N W 00 O =3 Q W. Looking east along Bay Looking west along Notice sign posted CO Cn Street Bay Street_ N Township 49 O OI _ Paid Hrnrger"Fa Im,frdurr =3 (Q CO CD n CD Consent Application 2023-13-13 (Lee & Elvidge) . r > CD • N s, 0 O = s W i .. v v � v Existing dwelling at 18 Bell Existing dwelling at 41 Church View of proposed CO Lane Street and proposed access to easement - pedestrianCD easement walkway/access v O (� O Prarnd Heritage,Exriling Frrhirr � CO CD n CD Consent Application 2023-13-13 (Lee & Elvidge) : x Cn CD z W i k CC) D — =3 :nCL if K y W View looking north along proposed View looking south along proposed CD 00 easement towards Church Street easement towards Bay Street o _ N OIT _�o P-4 Heritage,E-W,,g Frrhirr =3 CO CD n CD Consent Application 2023-6-13 (Lee & Elvidge) w Recommendation: Approve Cn 1. That Report No. DS2023-080 be received and adopted. C0 2. That Consent Application 2023-B-13 by Antonio Lee &Barbara Elvidge,to permit an easement measuring approximately 4.0 metres by N 130.0 metres(13.1 feet by 426.5 feet)for the purposes of a pedestrian access/walkway in favour of 41 Church Street be approved, 0 subject to the conditions as outlined in Report DS2023-080. W O 3. The conditions for Consent Application 2023-B-13 are as follows: 0 a) That one copy of Registered Reference Plan of the easement,prepared by an Ontario Land Surveyor,be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted(precise easement dimensions to be > based on field conditions and functional requirements); b) That all municipal taxes be paid to the Township of Oro-Medonte; c) That the applicant's solicitor prepare and submit a copy of the proposed easement document,for review by the Municipality and for use for the issuance of the Certificate of Consent; d) That the Certificate of Consent be issued utilizing Form 2,Section 53(42)of the Planning Act R.S.O. 1990,without qualification;and, (n e) 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. cc v CD cc w 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. CD 00 o _ N (� O �//�Q% 4f� _� O Fraiir!Hnirnpe,Es Ii,l;Frrhi =3 0 V! CD n CD 7.a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 20... Tc Report Proud Heritage,Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: October 4, 2023 Report No: DS2023-067 Subject: Zoning By-law Amendment , 2023-ZBA-11, Smitham Homes Inc. 4552 Line 5 North Type: Requires Action Motion No.: Recommendation It is recommended: 1 . That Report No. DS2023-067 regarding a Zoning By-law Amendment applying to lands municipally known as 4552 Line 5 North, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-11 by Smitham Homes Inc., specifically to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Agricultural/Rural Exception 347 (A/RU*347) Zone on the lands located at 4552 Line 5 North, Township of Oro-Medonte be approved. 3. That the applicant provide confirmation that the County of Simcoe Development Agreement and Restrictive Covenants has been registered on title. 4. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 5. And that the applicant be advised of the Committee's decision under the Interim Director, Development Services' signature. Development Services October 4, 2023 Report No. DS2023-067 Page 1 of 12 Page 189 of 200 7.a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 20... Background This application was the subject of a Public Meeting at the August 2, 2023, Development Services Committee, to receive comments from members of the Committee and the public with regards to the proposed development. After review of all comments, Staff is able to provide this recommendation report. The subject land has an area of approximately 0.313 hectares (0.77 acres) and is located on the west side of Line 5 North. The property is currently vacant as there was an existing dwelling that has been demolished. The applicant has applied to rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to an Agricultural/Rural Exception 374 (A/RU*347) Zone to permit a single detached dwelling. Exception 96 applies to properties that are in proximity to a decommissioned waste disposal site and does not permit the construction of new structures. Analysis Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section, Section 2.1 — Natural Heritage, are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 Natural Heritage is applicable as the subject lands contain a significant woodland that has been identified in the Township's Official Plan. Section 2.1 provides Natural Heritage policies that require natural features and areas to be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands, and significant wildlife habitat. Due to the limited nature of the proposed development, and existing development around this section of the Significant Woodland along Line 5 North, and due to the fact that a dwelling existed on this property for over 40 years, Planning Staff are prepared to move forward without the submission of a Natural Heritage Evaluation as per Section 4.2.3 of the Growth Plan, as it would not add any additional information to the application that would change the outcome of the decision. Staff have added a minimum required rear yard setback in the proposed By-law to protect the Significant Woodland and restrict all buildings and structures to a rear yard setback of 10 metres (32.8 feet), which was the location of the previous dwelling on the property. Planning Staff is of the opinion that this application conforms to the PPS, 2020. Development Services October 4, 2023 Report No. DS2023-067 Page 2 of 12 Page 190 of 200 7.a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 20... Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed application is consistent with the Rural Areas policies in the Growth Plan 2020 as the rezoning is compatible with the Rural Area section. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their Official Plans. As per Schedule B of the Township Official Plan, the property contains Significant Woodlands on the rear portion of the lands. Due to the limited nature of the proposed development, and existing development around this section of the Significant Woodland along Line 5 North, and due to the fact that a dwelling existed on this property for over 40 years, Planning Staff are prepared to move forward without the submission of a Natural Heritage Evaluation as per Section 4.2.3 of the Growth Plan as it would not add any additional information to the application that would change the outcome of the decision. The proposed dwelling is set further away from the Woodland than the existing dwelling that was demolished. Staff have added a minimum required rear yard setback in the proposed By-law to protect the Significant Woodland and restrict all buildings and structures to a rear yard setback of 10 metres (32.8 feet) which is the location of the recently demolished dwelling on the property and will limit any further encroachment on the woodlands. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Agricultural in the County of Simcoe's Official Plan. The intent of the Agricultural designation is to "protect the resource of prime agricultural lands and prime agricultural areas, while recognizing the inter-relationship with natural heritage features and areas and ecological functions" (County of Simcoe, 2016). Section 3.6.10 speaks to the location of development, should it occur within the Agricultural designation, that development "be designed and sited on a property so as to minimize adverse impacts on agriculture and the natural heritage system" (County of Simcoe, 2016). The proposed development is not located on lands that are under agricultural production. Section 4.9 lays out the County requirements in regard to waste management. A D-4 Study is a study required to evaluate the presence and impact of any adverse effects or risks to health and safety and any necessary remedial measures necessary for a proposed development in compliance with the Provincial Guideline D-4 including, but not limited to, ground and surface water (hydrogeology and hydrology), noise, odour, and dust, methane gas migration, traffic impact, land use compatibility, and other studies considered appropriate. The County of Simcoe has reviewed the submitted D4 Study and has concluded that the proximity of the landfill site does not represent a Development Services October 4, 2023 Report No. DS2023-067 Page 3 of 12 Page 191 of 200 7.a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 20... significant hazard to the proposed residential development at the subject property and does not recommend any additional studies or engineering controls. In Planning Staff's opinion, the applicant's zoning by-law amendment application conforms with the County's Official Plan. Township of Oro-Medonte Official Plan The Township's updated Official Plan (OP) was adopted by Council on October 5, 2022, and is awaiting final approval from the County of Simcoe. In this regard, the existing Official Plan (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing OP will be repealed once the updated OP is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject property is designated Agricultural in the Current and Adopted Official Plan. Permitted uses within the Agricultural designation include single detached dwellings, accessory structures to residential uses, and home-based businesses. Section B5.1.9 (Waste Disposal Sites) of the Official Plan provides that development of new uses or new or enlarged buildings or structures within an assessment area of approximately 470 metres from the property boundary of the waste disposal site or 500 metres from the fill area of the closed site may be permitted, provided an D4 assessment is completed. The County of Simcoe has reviewed the submitted D4 Study and has concluded that the proximity of the landfill site does not represent a significant hazard to the proposed residential development at the subject property and does not recommend any additional studies or engineering controls. Planning Staff is satisfied that the proposed rezoning conforms to the Official Plan policies. Proposed Zoning By-law Amendment The subject lands are zoned Agricultural/Rural Exception 96 (A/RU*96) in the Township Zoning By-law 97-95, as amended (refer to Schedule 5). Exception 96 is described below: 7.96 *96 - Lands Adjacent to Waste Disposal (WD) Zones Notwithstanding any other provision in this By-law, extensions and enlargements to existing buildings may be permitted and the construction of agricultural buildings, barns and other non-habitable accessory buildings and structures may also be permitted on the lands denoted by the symbol *96. The construction of new dwelling units is not permitted." The applicant has submitted a D4 Study as required by the Township's Official Plan and has been successfully reviewed by the County of Simcoe. The By-law prepared by Staff would rezone the subject lands from Agricultural Rural Exception 96 (A/RU*96) Zone to Development Services October 4, 2023 Report No. DS2023-067 Page 4 of 12 Page 192 of 200 7.a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 20... Agricultural/Rural Exception 347 (A/RU*347) Zone to permit a single detached dwelling. An excerpt of the proposed By-law and the site-specific exception are noted below: 7.347 *347 Concession 5 East, Part Lot 10 (Medonte) [By-law 2023-076] Notwithstanding any other provision of this By-law, all permitted uses in the Agricultural/Rural Zone shall be permitted on the lands shown by symbol *347 on the schedule to this By-law, including: a) Single detached dwelling. Notwithstanding the above, the minimum required rear yard to all buildings or structures is 10.0 metres (32.8 feet)" Based on the above, Planning Staff recommends approval of Zoning By-law Amendment 2023-ZBA-11 and has prepared a Zoning By-law Amendment for consideration by Council. Financial / Legal Implications / Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislations • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021 , Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 120-metre Development Services October 4, 2023 Report No. DS2023-067 Page 5 of 12 Page 193 of 200 7.a) DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 20... (394 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments: • Township Operations Division — No objection • Enbridge Gas — No objection • County of Simcoe, Planning — No objection • County of Simcoe, Solid Waste Management— Satisfactory D-4 study Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Existing Zoning Schedule 4: Applicants Site Plan Schedule 5: Applicants Elevation Schedule 6: Proposed By-law Conclusion Planning Staff recommends that Zoning By-Law Amendment Application 2023-ZBA-11 be approved, specifically to permit the construction of a single detached dwelling, on lands municipally known as 4552 Line 5 North, on the basis that the application conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Danielle Waters, Planner Approvals: Date: Andy Karaiskakis, RPP, Manager, Planning Services September 27, 2023 George Vadeboncoeur, September 27, 2023 Interim Director, Development Services Development Services October 4, 2023 Report No. DS2023-067 Page 6 of 12 Page 194 of 200 7.a) DS2023-067, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 1: Location Map 4713 ray nA, a�.Rd,w Mount St.Louis Rd.W. 563 714137 513 509 1491 4612 445 4598 4590 4580 4576 4568 4562 4552 Z 4573 us m 4540 C J 4532 4524 4510 4502 4492 44,14 4662 Location ® Subject Lands Ti,r+ i f�jjjj" (y� Proud Heritage,Exciting Funere 0 100 m File Number:2023-ZBA-11 M I I I I I Development Services October 4, 2023 Report No. DS2023-067 Page 7 of 12 Page 195 of 200 7.a) DS2023-067, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 2: Aerial Photo 580 a 'S76 .Rd.e. 568 4562 z v 4573 4552 j .. 4540 .t 5 _ 45�32 Aerial +�.. f�]Tou>ral n jd nj ,/ Q Subject Lands Proud Heritage,Excirirr•�7-0rlure J0 100 IT File Number.2023-ZBA-11 '" I I I Development Services October 4, 2023 Report No. DS2023-067 Page 8 of 12 Page 196 of 200 7.a) DS2O23-067, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 3: Existing Zoning AJRU DI ­ Mount St.Louis Rd. IN. MMEE A/RW9b z N m AJRU c J A/RU Existing Zoning ��1an�� Subject Lds WD(Waste disposal) � T��i�lrsD A/RU(Agricultural/Rural) �ipof �{�;t�x/� ���0y6�t Frond Heriingrr,1-criii,Q hifure 0 160 Meters File Number.2023-zBA-11 I I i i I Development Services October 4, 2023 Report No. DS2023-067 Page 9 of 12 Page 197 of 200 7.a) DS2023-067, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 4: Applicant's Site Plan I T1 i J I II �� T- b u••-.mil•-FnOf•��a�-frfwY �+4' � ___-___- 'i C]IPIW AA1Pf li1Y b. i '4 �Yfl1�I1Ci a_•.r....�i LANE 5 NORTH °' •�+'° RM ALLOWARM B l*M C©KMICINs S ANI' 4 Existing Site Plan f`" (armed Herituce,F.xcithk,,Fai,re File Number:2023-ZBA-11 Development Services October 4, 2023 Report No. DS2023-067 Page 10 of 12 Page 198 of 200 7.a) DS2023-067, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 5: Applicant's Building Elevation _ - 77 �® IF --- FRONT ELEVATION,,..,,- LA IT ar �. .----------------- LEFT ELEVATION ,,..,,. . Elevation Drawings 9 TbddmShip 0 � � Prroud Heritage,Excdtinq Fraturr File Number:2023-ZBA-11 Development Services October 4, 2023 Report No. DS2023-067 Page 11 of 12 Page 199 of 200 7.a) DS2023-067, Danielle Waters, Planner re- Zoning By-law Amendment 20... Schedule 6: Proposed By-law The Corporation of the Township Of Oro-Medonte By-Law No.2023-076 A By-law to amend the zoning provisions which apply to lands at Concession 5 East Part Lot 10 (Medonte) Township of Oro-Medonte 2023-ZBA-11 (Smitham Homes Inc) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 of the Planning Act, R-S.O. 1990, c-P- And Whereas Council deems it appropriate to rezone the subject lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows_ 1- Schedule 'A2 0'to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part 10, Concession 5 East, Geographic Township of Medonte, Township of Oro-Medonte, County of Simcoe. from the Agricultural/Rural Zone Exception 96 (A/RU*96)Zone to the Agricultural,'RuraI Zone Exception 347 (A1RU*347)Zone, as shown on Schedule "A° attached and forming part of this By-law- 2. Section 7.0—is hereby further amended by adding the following subsection: 7.347'f34-7 Concession 5 East, Part Lot 10(Medonte) [By-law 2023-076] Nohvithstanding any other provision of this By-law, all permitted uses in the Agricultural?Rural Zone shall be permitted on the lands shown by symbol "347 on the schedule to this By-law, 'including: a) Srngfe detached dwelling_ hJohvithstanding the above,the minimum required fear yardto all burldrirgs or structures is 10-9 metres (32.3 feet)` 3. Schedule "A" attached to By-law No. 2023-076 is declared to form a part of this By- I aw. 4. This By-laaw shall come into effect upon the date of passage hereof; subject to the provisions of the Planning Act, as amended- By-Lava read a. First, Second and Third Time, and Passed this 4t'day of October, 2023. The Corporation of the Township of Ora-Medonte Development Services October 4, 2023 Report No. DS2023-067 Page 12 of 12 Page 200 of 200