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11 01 2023 Development Services Committee Agenda The Township of Oro-Medonte d Development Services Committee Meeting Agenda Electronic Hybrid Meeting Township of Proud Heritage,Exciting Future Wednesday, November 1, 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 Metis Community in Penetanguishene. Page 1 of 162 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 - 13 a) Minutes of Development Services Committee meeting held on Wednesday, October 4, 2023. 10 04 2023 DSC Minutes 5. Public Meetings: None. 6. Public Hearings: 14 - 37 a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-42, Jillian & Chad Blackmore and Lynn & Jeffrey Hurd, 87 Lakeshore Road East. DS2023-088 38 - 72 b) 5:40 p.m. DS2023-091, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-43, Sandra Karlowski and Laura Karlowski, 270 Peter Street East. DS2023-091 73 - 93 c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance Application, 2023-A-44, Halina Krzywucka, 111 Robinson Street. DS2023-085 94 - 115 d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance Application 2023-A-45, Joe Toti and Kim Edwards-Toti, 586 15/16 Sideroad East. DS2023-086 116 - 137 e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-46, Ashley Davidson & Erik Montgomery, 3 Crawford Street. DS2023-089 Page 2 of 162 7. Reports of Municipal Officers: 138 - 162 a) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Application 2023-B-11 and Zoning By-law Amendment Application 2023-ZBA-12, 2374357 Ontario Inc., 137 Line 9 South [refer to item 5a) 11 01 2023 Council Agenda]. DS2023-090 8. Next Meeting Date: December 6, 2023. 9. Adjournment: a) Motion to Adjourn. Page 3 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte -� Development Services Committee Minutes Tawnshipof Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, October 4, 2023 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Regrets: Councillor Lori Hutcheson Staff George Vadeboncoeur, Interim Director, Development Services; Andy Present: Karaiskakis, Manager, Planning Services; Catherine McCarroll, Senior 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. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are Page 1 of 10 Page 4 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC231004-1 Moved by Clark, Seconded by Bard It is recommended that the agenda for the Development Services Committee meeting of Wednesday, October 4, 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, September 6, 2023. Motion No. DSC231004-2 Moved by Schell, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, September 6, 2023 be received and approved as printed and circulated. Carried. Page 2 of 10 Page 5 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 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, Plan 1222 Lot 15 (Oro), municipally known as 2 Ward Avenue, 2023-ZBA-13 (Meirovich). 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 Heidi Meirovich. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 14, 2023; Enbridge Gas Inc. dated September 19, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Heidi Meirovich, applicant, was present. The following provided public comments: Stewart Boecker questioned if the potential dwelling was one story or two stories and if any trees will be taken down to build with respect to the application. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 10 Page 6 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. 6. Public Hearings: a) DS2023-082, Danielle Waters, Planner re: Minor Variance Application, 2023-A-37, Heidi Meirovich, 2 Ward Avenue. Deputy Mayor Lavoie called the meeting 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 Heidi Meirovich. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 18, 2023; The Nottawasaga Valley Conservation Authority dated September 25, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Heidi Meirovich, 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. DSC231004-3 Moved by Young, Seconded by Clark It is recommended 1. That DS2023-082, Danielle Waters, Planner re: Minor Variance Application, 2023- A-37, Heidi Meirovich, 2 Ward Avenue 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 DS2023-082. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 10 Page 7 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. b) DS2023-078, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-38, Michelle Plowright, 1 Sunnyside Avenue. Deputy Mayor Lavoie called the meeting 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 Michelle Plowright. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 21, 2023; Hiawatha First Nation dated September 15, 2023. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Michelle Plowright, 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. DSC231004-4 Moved by Greenlaw, Seconded by Schell It is recommended 1. That DS2023-078, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-38, Michelle Plowright, 1 Sunnyside Avenue 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 DS2023-078. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 10 Page 8 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. c) DS2023-079, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-39, Allan & Kelly Watson, 30 Lakeshore Road East. Deputy Mayor Lavoie called the meeting 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 Allan and Kelly Plowright. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 18, 2023; Garry Potter dated October 2, 2023; Kalli Andre dated October 4, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Allan Watson, 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, he hearing adjourned. Motion No. DSC231004-5 Moved by Bard, Seconded by Greenlaw It is recommended 1. That DS2023-079, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2023-A-39, Allan & Kelly Watson, 30 Lakeshore Road East 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 DS2023-079. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 10 Page 9 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. d) DS2023-083, Danielle Waters, Planner re: Minor Variance Application, 2023-A-40, Kathy Crompton, 25 Cherry Trail. Deputy Mayor Lavoie called the meeting 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 Kathy Crompton. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 21, 2023; Rick and Dianne Bott dated September 29, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Rene DeMartini, agent on behalf of the applicant was present. Kathy Crompton, applicant, was present. The following provided public comments: Dianne Bott provided comments with respect to concerns about the trees and the large cedar hedge near the property line and the potential to losing the hedge. If the hedge is lost she would like the same kind of height for the replacement of the hedge. She also expressed concerns that the property line contains the hydro and gas lines for their property and loss of services with the construction and potential damage to their trees and the services that they have to their dwelling. Richard Bott expressed concerns regarding the excavation process. The excavation will be close to their services. The location of the locates is an issue as well as, concerns of the potential loss of their services and hedge. He also commented regarding the property having a single family home and now an apartment. Staff confirmed that no additional public registrations were received. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231004-6 Moved by Young, Seconded by Bard It is recommended 1. That DS2023-083, Danielle Waters, Planner re: Minor Variance Application, 2023-A-40, Kathy Crompton, 25 Cherry Trail 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 DS2023-083. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7of10 Page 10 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. e) DS2023-084, Danielle Waters, Planner re: Minor Variance Application 2023-A-41, Marli Devilliers-Dinner, 1719 Warminster Sideroad. Deputy Mayor Lavoie called the meeting 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 Marli DeVilliers-Dinner. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 18, 2023; Severn Sound Environmental Association dated September 22, 2023; Brenda Ley dated October 3, 2023. Danielle Waters, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jacob Smith, on behalf of 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, he hearing adjourned. Motion No. DSC231004-7 Moved by Young, Seconded by Greenlaw It is recommended 1. That DS2023-084, Danielle Waters, Planner re: Minor Variance Application 2023-A- 41, Marli Devilliers-Dinner, 1719 Warminster Sideroad 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 DS2023-084. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8of10 Page 11 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. f) 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. Deputy Mayor Lavoie called the meeting 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 Antonio Lee and Barbara Elvidge. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 18, 2023. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lauren Manolakos, agent on behalf of applicant, was present. Antonio Lee, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that additional correspondence was received from The Couchiching Conservancy dated October 4, 2023 during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC231004-8 Moved by Schell, Seconded by Clark It is recommended 1. That 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 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 DS2023-080. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 10 Page 12 of 162 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes —Wednesday, October 4, 2023. 7. Reports of Municipal Officers for Action: 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]. Motion No. DSC231004-9 Moved by Bard, Seconded by Schell It is recommended 1. That DS2023-067, Danielle Waters, Planner re: Zoning By-law Amendment 2023- ZBA-11, Smitham Homes Inc., 4552 Line 5 North 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 have been registered on title. 4. That the appropriate draft by-law be brought forward for Council's consideration. 5. And that the applicant be advised of the Committee's decision under the Interim Director, Development Services' signature. Carried. 8. Next Meeting Date: a) Wednesday, November 1, 2023. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC231004-10 Moved by Greenlaw, Seconded by Clark It is recommended that we do now adjourn at 7:09 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 10of10 Page 13 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 1, 2023 Report No.: DS2023-088 Subject: Minor Variance application 2023-A-42, Jillian & Chad Blackmore and Lynn & Jeffrey Hurd, 87 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-088 be received and adopted. 2. That Minor Variance Application 2023-A-42 by Jillian & Chad Blackmore and Lynn & Jeffrey Hurd specifically for permission to build an addition to the existing non-complying single detached dwelling with a reduced exterior side yard setback of 1.7 metres (5.6 feet), on lands municipally known as 87 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-088. 3. The conditions are as follows: a) That notwithstanding Section 5.16.1 (b), the single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 1.7 Development Services November 1, 2023 Report No. DS2023-088 Page 1 of 11 Page 14 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... metres from the exterior side lot line and no closer than 7.5 metres from the front lot line; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 0.1 hectares (0.25 acres), according to MPAC records, and contains a single detached dwelling and detached accessory building. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to demolish the existing detached accessory building and build an addition to their existing non-complying single detached dwelling. The applicants are seeking relief to the following section of Zoning By-law 97-95: 5.16.1 b — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable floor area Proposing to build an addition to the in a required yard. existing non-complying single detached dwelling with a setback of 1.7 metres (5.6 feet) from the exterior side lot line. Note: The Public Notice requested a variance from Table B1 of the Zoning By-law to permit a reduced exterior side yard setback from 7.5 metres (24.6 feet) to 1.7 metres (5.6 feet). This setback has not changed; however, upon further review, Planning Staff determined that it would be most appropriate to treat it as a variance from Section 5.16.1 (b) of the Zoning By-law, as the existing single detached dwelling is non- complying in that it does not meet the minimum required exterior side yard setback of 7.5 metres (24.6 feet) and the minimum required rear yard setback of 7.5 metres (24.6 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) 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 — Development Services November 1, 2023 Report No. DS2023-088 Page 2 of 11 Page 15 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Rural Areas is applicable to this application. The application represents limited residential development that is consistent with the PPS with respect to Rural Areas. 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 dwelling addition is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are 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), "expansion to existing buildings or structures, 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 dwelling addition will not encroach any closer to any natural heritage features than the existing dwelling. The Lake Simcoe Region Conservation Authority (LSRCA) has not been circulated the subject application as the property is not located within the LSRCA's regulated area. 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 single detached dwelling addition is consistent with the County's Official Plan as it is associated with an existing permitted residential use. Development Services November 1, 2023 Report No. DS2023-088 Page 3 of 11 Page 16 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. In this regard, the existing OP (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 receives final approval 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. The proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing single detached dwelling which is a permitted use in the Shoreline Designation. Development Services November 1, 2023 Report No. DS2023-088 Page 4 of 11 Page 17 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Does the variance maintain the general intent and purpose of the Zoning By-law? The applicants are proposing to build an addition to the existing non-complying single detached dwelling; therefore, the applicants are seeking relief from the Zoning By-law to permit an increase in the useable floor area within the required exterior side yard. The existing single detached dwelling is non-complying as it does not meet the minimum required exterior side yard setback of 7.5 metres (24.6 feet) and the minimum required rear yard setback of 7.5 metres (24.6 feet). Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) "does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe (see section 5.28); b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height; c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law" (p. `54). The existing dwelling is setback 1.7 metres (5.6 feet) from the exterior side lot line and the applicants are proposing to build an addition which would increase the floor area within the required exterior side yard setback, but not reduce it. The Zoning By-law's requirement for a minimum required exterior side yard setback of 7.5 metres (24.6 feet) serves to achieve relatively large landscaped exterior side yards which contribute to the low-density residential character of the area and provides a safe distance from a travelled road. In Planning Staff's opinion, the proposed addition meets the general purpose and intent of the Zoning By-law as the addition will not extend any closer to the exterior side lot line than the existing dwelling. Furthermore, the proposed increase in floor area within the required yard still provides adequate space for access and maintenance around the dwelling. Should the owners need to bring any large machinery to the rear of the dwelling, there remains ample space to access the backyard along the west side of the dwelling. Based on the above, Planning Staff are satisfied that the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. A number of the properties in this area have obtained a Minor Variance to permit reduced exterior side yard setbacks. For instance, the owners at 75 Lakeshore Road East obtained a Minor Variance (2017-A-06) to permit an accessory building with a reduced exterior side yard setback of 1.98 metres (6.5 feet) and the owners at 1 Sunnyside Avenue obtained a Development Services November 1, 2023 Report No. DS2023-088 Page 5 of 11 Page 18 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Minor Variance (2023-A-38) to permit an accessory building with a reduced exterior side yard setback of 1.0 metres (3.3 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 proposed addition will be mitigated on the subject lands and will not impact neighbouring lots. Based on the above, Planning Staff is satisfied that the proposed development would be considered appropriate for the desirable development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the residential neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Development Services November 1, 2023 Report No. DS2023-088 Page 6 of 11 Page 19 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Building Division: 1. Setback to septic required to be 5 metres (16.5 feet); and, 2. Septic verification required and may increase size of septic. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Conclusion Planning Staff recommends that Minor Variance Application 2023-A-42 be approved, specifically to permit the construction of an addition to the existing non-complying single detached dwelling with a reduced exterior side yard setback of 1.7 metres (5.6 feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, October 25, 2023. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 25, 2023 George Vadeboncoeur, Interim Director, Development Services October 25, 2023 Development Services November 1, 2023 Report No. DS2023-088 Page 7 of 11 Page 20 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map 20 18 7 12 ..�..w 12 � O •d-.aw. 86 88 92 84 96 72 98 y 68 > Q J ---J Lakeshore Rd.E. 1 - -- - -- 83 a9 87� 75 71 --�.--- __� -. O-con nell-Ln.-- --- 35 23 83 29 31 2 _ Lake Simcoe Location Subject Lands Tirutraripnl Pnmd Heritage,Exciting Pnnor 0 100 1 File Number:2023-A-42 N I r r I Development Services November 1, 2023 Report No. DS2023-088 Page 8 of 11 Page 21 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Aerial Photo 12 86 88 92 94 1 . - � Q r O � Lakeshore Rd.E. _ 1= T (n r � to 4 75` 83 87 89 67 71 ` 95=� O'connell L'n,.1 jib 31 2 2 Aerial JA Q Subject Lands lintntshipoj�� O ProndHeritage,Exciting Futter 0 100 rn File Number:2023-A42 I I I I I Development Services November 1, 2023 Report No. DS2023-088 Page 9 of 11 Page 22 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Schedule 3: Applicant's Site Plan <1P�� / \ OPT cAsttng \ S- �/ Tz- n9 go,oge / ..,�0 \ �YQ\ddittor � \ \ septi: - ex tng 1 ecd 'Thous 187 � \ \ tank - \�P sand mantle �L NMI Site Plan Proud Heritage,Exciting h4tim File Number:2023-A-42 Development Services November 1, 2023 Report No. DS2023-088 Page 10 of 11 Page 23 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... Schedule 4: Elevation Drawings a �I -------------------- r r r r r NORTH ELEVATION J L r: E]3r= ® L o 00 OOO� ------------ — r r I r NORTH ELEWHON MATH GARAGE AMMON ® ID [11F __ rnsr ri wnncre .r�Elevations Touof Proud Heritage,Exciting Futurr File Number 2023-A42 Development Services November 1, 2023 Report No. DS2023-088 Page 11 of 11 Page 24 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior /Planner re: Minor... pa o,o n, ox O 'any puOWAG Y V o � g o , 3 'I N a •antl apisAuung � a � N O N O C6 U � ^ ca � W O 4-0 U) L J - U O 00 M W U) a o 6 _ AMEN ._ MOMMIN ._ N O c) Page 25 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l 4-0 e W .— VJJ w U _0 '� O 0 E N a) co 4-0 'X N 0 CO a) N 0 M � `6 �. O c c: a) a co T, - CD N •L O CM O N -0 � O •�, 0 a-0 Q �O cu O O a) > N •— O O 0 O O OU U O v '0 CL o 0 o a� x .� o ca o 70 � cn a) U Ca Ln +� •— C6 O) M / L— a) •� w ca O co c: a� o000 -0 � Oa) 0 U cm T— .� M U C U '� a) O 00 m -o N Lo I Q� 0 4- Page 26 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l E e a a � S w U m N 'any puowhg 4-0 N •. � N, U C6 C6 O o m Q Page 27 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l a a � S w O �- E na.,o �I OJ 0j M 'any puow6S W.-0001 1 �p J— Y` Ic N W O 1 � a'antl apisRuunS Y 1 N i any aJ•QJ•8 0 z =5 „ 8 � � U Q U C6 O .- INkE E ` J %Q y_ r C LA _ W �'� JJI Page 28 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l pa o,a `V oa — � e antl ueuu,R — S w E�e ■ ■ any apisRuunS Lrj \-0001 O i s in N U J �j 1 QA\ as M� — / V, -- N O a� - N /� CL — -- � 0 O QAtl api1Auung CU { e J C ■M rA' ii •— e Q H 1 'a^tl PuowRS ._ ago — 'antl ePl�uung S — Q •....� � � 1 r ''I LT ■ � � , ` 11 QJ � TF LLP C 0 0 H J .. Page 29 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l Al I a a � S w Ob \ \ A O cloys " O C6 U Q O U C6 � ca C6 a O cl) v CL Q Page 30 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l a J'c s O U El ® --- - II� R. 1 N Cal li< E3 ® O � N O C6 U_ Q •- O � U p � O C6 � O W v CL Q Page 31 of 162 6.a) 5:30 p.m. - 8 t$ tk � /I arroll, Senior Planner re: Minor... i O � W IZ— ^` a W s E O -0 0) o .4 ° N w O n 70 o O aD cu �5 N ° J Q 0 I 3 •/��) Off r; W 75 _ 0) 00 -j Page 32 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l E e 4-0 a a � S w Q = M � Q E3 U Q O U O 75 Page 33 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l a V/ .k e f IF 7 it- N � � _ 4.1 J� III 1 1 1 O Q � L O U U cn � V O .� 0 C6 � ` O +� U) r 4' I• I�I W Page 34 of 162 • . • i i Catherine McCarroll, • . Minor � s cle) M, a 1 1 r q _• _ • • q >:: • • • • 4 A d/ Page 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l E e 4-0 a a � S w rj s ry Q N N � O N _ 0 co Q � O � a1i 4 O L Page 36 of 162 6.a) 5:30 p.m. DS2023-088, Catherine McCarroll, Senior Planner re: Minor... r�l o C (n co ° U �) a N co N c 0 a '(n '� E w _ ° U) 0 aoi � � ° o f c o oc w 0 c c N a a "O O O ° ° a N E N � .Q Q) N �� O U N > E U cn i Q L U ° E CL > - (n a N > �- E c c r- o i MU a to LM cM �_ E w a c � _n M 0 0 0 U oCD --Z N 0 -00 0 � � 0c U) � cm o > �o ff _—° �o CL cDO30 UN'_� 0)= o0')o ° ° NON o O M C 0) No N mOr' N � M � � ao 0) ovo � Q ob CL c O 0 O N N in J >+ U -6 _ i 0 Q "O O -O N (o O N (n }+ O i _ (o w Q O UD _0 � Q N N m a) -0n a).- V ECG � •� U O N a) c N � O � U ° 0 > N -0 W c-- J Lj C) Q a) E co c' M a a (n / o6 0) 16 0 O (6 N +. c = O — -0 C) 'gin`` O N O O- to co N to N c 4) a) In L co c c = > � w L o U >,— p 7 0 O Q c m � 3 - c > �_ O LO " O o U a " o a� c O >�- U � o N � o - o o � �� .� a �c - �o c . "c C0 ao � viO nc Oc >C D -o Nmoo co a0 N 0- -0 -J a1.L U O C) Q 01 � � O C Q N N > (0 fn Q to �> N p (o nW O N 0 Q � a W p EO Q U O > (6 Q Z N U O 0 O 0 0 M O N C (6 0 E: EwL' > 0Ci a) (cn ( — +U O O O -Od t - 'yU0 U Up _ _ _ �n +. V O � U � � a) -j � Q Page 37 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: November 1, 2023 Report No: DS2023-091 Subject: Minor Variance Application 2023-A-43, Sandra Karlowski and Laura Karlowski, 270 Peter Street East Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2023-091 be received and adopted. 2. That Minor Variance Application 2023-A-43 by Sandra Karlowski and Laura Karlowski specifically for permission to construct an addition to the existing single detached dwelling for the purposes of creating an accessory dwelling unit with an increased floor area of 94.53 square metres (1,017.5 square feet) along with a 16.2 square metres (174.4 square feet) covered deck, on lands municipally known as 270 Peter Street East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-091. 3. The conditions are as follows: a) That notwithstanding Section 5.4 (c), the apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the 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; and, c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services November 1, 2023 Report No. DS2023-091 Pagel of 22 Page 38 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area of 1.86 hectares (4.6 acres), a lot frontage of 60.6 metres (199.0 feet) and contains a single detached dwelling, a detached accessory building (garage) and two (2) sheds. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build an addition to the existing single detached dwelling for the purposes of creating an accessory dwelling unit. The applicants are seeking relief to the following section of Zoning By-law 97-95: Section 5.4 c - Maximum Floor Area of the Apartment Dwelling Unit Required: Proposed Apartment Dwelling Unit: 70.0 square metres (753.5 square feet) 94.53 square metres (1,017.5 square feet) Proposed Covered Deck: 16.2 square metres 174.4 square feet The applicant's site plan, elevation drawings and floor plans are included as Schedules 3 - 6 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1 contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. Specifically, Section 1.1.1 states that "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" (p. 7). This is addressed further in Section 1.4 Housing that speaks to providing a mix of housing options and densities by permitting and facilitating all types of residential intensification, including additional residential units and redevelopment. The apartment dwelling unit adds to the range of housing options in the area. Development Services November 1, 2023 Report No. DS2023-091 Page 2 of 22 Page 39 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Section 1.1.4 — Rural Areas is applicable to this application. These policies support limited residential development as well as development that is compatible with the rural landscape. The proposed variance is in keeping with the rural landscape. In accordance with Schedule B — Natural Features of the Township's current Official Plan, the subject lands contain a significant woodland; therefore, Section 2.1 — Natural Heritage is also applicable to this application. Specifically Section 2.1.5(b) states that development and site alteration shall not be permitted in significant woodlands in Ecoregions 6E and 7E unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. In Planning Staff's opinion the proposed development is not anticipated to have any adverse impacts on the natural heritage feature on the basis that no trees will be removed as part of this proposed development. It should be noted that if the applicant were to construct a standard addition to the dwelling, a minor variance application would not be required as the property is zone appropriately (Agricultural/Rural - A/RU) and the addition would meet and exceed the minimum required setbacks from property lines. The purpose of the minor variance is to exceed the minimum required floor area for an accessory apartment dwelling unit within the proposed addition. Based on the above, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2 contains policies for where and how to grow. Specifically, Section 2.2.1.4 (c) states that applying the policies of the Growth Plan will support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (p. 14). These policies are reiterated in Section 2.2.6 Housing. The apartment dwelling units help contribute to providing a diverse range of housing options in the area. Section 2.2.9 Rural Areas is also applicable to this application. This section states that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. This section has been reviewed and Planning Staff is of the opinion that the minor variance application is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established lot and the apartment will be compatible with the rural landscape and surrounding rural land uses. Section 4.2.3 — Key Hydrologic Features, Key Hydrologic Areas and Key Natural Heritage Features also applies to this application as the subject lands contain a significant woodland. Specifically, Section 4.2.3 states that "Outside of settlement Development Services November 1, 2023 Report No. DS2023-091 Page 3 of 22 Page 40 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... areas, development or site alteration is not permitted in key natural heritage features that are part of the Natural Heritage System for the Growth Plan or in key hydrologic features, except for...(e) expansions to existing buildings and structures, accessory structures and uses, and conversions of legally existing uses which bring the use more into conformity with this Plan, into the key hydrologic feature or key natural heritage feature or vegetative protection zone unless there is no other alternative, in which case any expansion will be limited in scope and kept within close geographical proximity to the existing structure. As discussed in the previous section of this report, it is Planning Staff's opinion that there is no value in obtaining a Natural Heritage Evaluation or Environmental Impact Study as the proposed development is not anticipated to have any adverse impacts on the natural heritage feature. The property is not regulated by the Nottawasaga Valley Conservation Authority (NVCA), and therefore, the proposed development will not require a NVCA Permit. County Official Plan The subject lands are designated "Rural" and "Greenlands" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan (refer to Schedule 7). The existing dwelling and proposed addition will be fully located within the Rural Designation. The objectives of the Rural designation are: • "To recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. • To encourage maintenance, protection, and restoration of significant natural heritage features and functions and to conserve the built heritage resources and cultural heritage landscapes associated with rural and agricultural areas" (p. 40). The Rural designation permits limited residential development, subject to Section 3.7.11. This section states: "New multiple lots and units for residential development will be directed to settlement areas, and may be allowed in rural areas in site-specific locations with approved zoning or designation that permits this type of development in local municipal official plans, as of June 16, 2006. Local municipal official plans may continue to recognize this type of development permitted under this policy and provide appropriate policies for development" (p. 42). The Township's updated Official Plan (2022) permits a total of three residential units on eligible properties. 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. Development Services November 1, 2023 Report No. DS2023-091 Page 4 of 22 Page 41 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... 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. Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". The subject lands are located in a rural area and are serviced by a private well and private sewage system. The applicant will be required to obtain a Septic Permit for a new septic system or a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. In addition, the subject property provides for sufficient parking for both units along the existing driveway and parking area. 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 Development Services November 1, 2023 Report No. DS2023-091 Page 5 of 22 Page 42 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. 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 receives final approval 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' in "Schedule A— Land Use" of the Township's existing Official Plan (1997) (refer to Schedule 8). The intent of the Rural Designation is: • To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. Permitted uses in the Rural Designation include single detached dwellings. In the Township's updated Official Plan (adopted 2022), the subject lands are designated `Rural' and `Greenlands' (refer to Schedule 9). The proposed development is located within the Rural designation. The objectives of the Rural designation are: "It is the goal of this Plan for Rural areas to provide for a full range of agricultural uses, agriculture-related uses, on-farm diversified uses as well as rural related uses which support the agricultural and rural community and which fit in to the rural character but are not appropriate in Settlement Areas. This is achieved by: a) preserving and promoting the rural character of the Township; b) preventing the intrusion of land uses that are incompatible with the rural character and/or natural resource activities of the area; and, c) promoting diversification of the economic base within the Rural designation" (p. 58). Permitted uses in the Rural designation include single detached dwellings and additional residential units (subject to the policies of Section 4.9). Development Services November 1, 2023 Report No. DS2023-091 Page 6 of 22 Page 43 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Section 4.9 contains detailed policies with respect to additional dwelling units. These policies are listed below and Planning Staff have included an analysis of the applicant's proposal against these policies: 1. Additional Residential Units are defined as separate and complete dwelling units that are contained either within the structure of a residential dwelling or in an accessory building or structure on the same lot. Additional Residential Units allow for affordable housing opportunities and the policies of Section 2 of this Plan determine in which land use designations an accessory residential dwelling unit shall be permitted. Staff comment: Conforms. The additional residential unit is to be contained within a residential dwelling. 2. Additional Residential Units provide for the opportunity to develop affordable housing units within the Township. Development of these units will assist in supporting the County's target of providing 10 percent affordable housing units to be created each year throughout the County. Staff comment: Conforms. 3. Where an Additional Residential Unit is permitted, a maximum of two Additional Residential Units are permitted within a single detached, semi- detached dwelling or rowhouse dwelling. Staff comment: Conforms. There is currently one residential unit within the existing single detached dwelling on the lands and the additional residential unit is proposed to be located in an addition to the existing dwelling. 4. Where an Additional Residential Unit is permitted, a maximum of one Additional Residential Unit is permitted within an accessory building or structure of a single detached, semi-detached dwelling or rowhouse dwelling. Staff comment: Not applicable. 5. For further clarity, the intent of this policy is to permit up to a total of three residential units, which includes the primary dwelling, on eligible properties and in accordance with the relevant zoning provisions. Staff comment: Conforms. The proposed variance would result in two residential units on the lands, and the applicant is seeking Minor Variance relief from the current zoning provisions for the proposed additional residential unit. 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. Development Services November 1, 2023 Report No. DS2023-091 Page 7 of 22 Page 44 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... 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; Staff comment: Based on the apartment's smaller size, the main dwelling will maintain its appearance as the principal residence. The applicant has requested an increase in floor area for the apartment dwelling unit and the detailed analysis of the minor variance can be found later in this report. b) The Additional Residential Unit shall be integrated into its surroundings with negligible visual impact to the streetscape; Staff comment: Conforms. The additional dwelling unit will be located at the rear of the existing dwelling, therefore reducing its impact from the road. c) The Additional Residential Unit shall be compatible in design and scale with the built form of the primary dwelling; Staff comment: Conforms. The apartment dwelling unit will be compatible with the 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 comply with the minimum lot frontage of 45.0 metres (147.6 feet) and front directly on Peter Street East, 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. The driveway on the subject lands provides access to the single detached dwelling and is long with ample space for parking. The apartment has its own means of egress. The apartment will be serviced by private well and septic system. Development Services November 1, 2023 Report No. DS2023-091 Page 8 of 22 Page 45 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... 8. Additional Residential Units shall be established in accordance with the Minimum Distance Separation Formulae. Staff comment: Not applicable. 9. Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural. Staff comment: Conforms. The additional residential unit is to be contained within a proposed addition to the existing dwelling. 10. The Additional Residential Unit will be permitted only where a property is demonstrated to have an adequate supply of potable water and an appropriate means of sewage disposal in a manner that is acceptable to the Township. Staff comment: Conforms. The property is serviced by private well and private septic system. The owner will be required to obtain a Septic Permit or Sewage System Verification to ensure that there is capacity for the two dwelling units. 11. Generally, Additional Residential Units will only be permitted as-of-right by the Zoning By-law on lots that comply with the minimum lot area and minimum lot frontage requirements of the Zoning By-law. Staff comment: The subject lands comply with the minimum lot frontage and minimum lot area in the Agricultural/Rural (A/RU) Zone. 12. The severance of an Additional Residential Unit located within the primary dwelling unit or within an accessory building or structure through consent, subdivision or condominium, is prohibited. Additionally, surplus farm dwelling severance policies shall not be used to create a separate lot for Additional Residential Units. Staff comment: Conforms. No severance is proposed. 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 residential unit, not a temporary garden suite. Development Services November 1, 2023 Report No. DS2023-091 Page 9 of 22 Page 46 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... 14. As a condition of approval, the Township may require that the Additional Residential Unit be registered in accordance with the provisions of the Municipal Act. Staff comment: Not applicable. The Township does not currently register additional residential units. Planning Staff are of the opinion that the proposed variance to accommodate an additional residential unit on the lands would conform to the Township's adopted (not yet in effect) Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, see Schedule 10. The existing dwelling and proposed addition comply with the maximum height and setback requirements of the A/RU Zone. 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 an increased size for the apartment dwelling unit. 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 proposed apartment dwelling unit at 94.53 square metres (1,017.5 square feet) will remain smaller than the primary dwelling unit at 204.2 square metres (2,199.0 square feet). The apartment's smaller size and its location at the rear of the dwelling 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 variance conforms to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the existing dwelling does not stand out as it is setback from the road. Furthermore, the driveway on the subject lands provides access to the single detached dwelling and is long with ample space for parking. 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 proposed dwelling addition with the apartment dwelling unit is appropriate within this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. Development Services November 1, 2023 Report No. DS2023-091 Page 10 of 22 Page 47 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the apartment dwelling unit is secondary and subordinate to the primary residential use on the lot and is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Adopted Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Development Services November 1, 2023 Report No. DS2023-091 Page 11 of 22 Page 48 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Building Division — no comments. • Hiawatha First Nation — no questions or concerns. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Schedule 5: Elevation Drawings Schedule 6: Floor Plan Schedule 7: County Official Plan — Land Use Schedule 8: Township Official Plan — Land Use Schedule 9: Township Adopted Official Plan — Land Use Schedule 10: Existing Zoning Conclusion Planning Staff recommends that Minor Variance Application 2023-A-43 be approved, specifically to build an addition to the existing single detached dwelling for the purposes of creating an accessory dwelling unit with an increased floor area of 94.53 square metres (1,017.5 square feet) along with a 16.2 square metres (174.4 square feet) covered deck on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, October 25, 2023 Approvals: Date of Approval George Vadeboncoeur, Interim Director, Development Services October 27, 2023 Development Services November 1, 2023 Report No. DS2023-091 Page 12 of 22 Page 49 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map -�a,- 6299 6281 Z 6124 C 6270 J I 6227 6212 274 270 266 242 232 218 210 204 6213 II 290 Peter St.E. 6133 Location ® Subject Lands TowrtsI- f Proud Heritage,Exciting Fuhur 0 loom File Number:2023-A-43 ti I i i i I Development Services November 1, 2023 Report No. DS2023-091 Page 13 of 22 Page 50 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo 4 m ad.w. • � 6i124 onn v.uy.d.w E .t 62�27 z ro 6212` 2�74 2a70 Mn 242 232 218 4 Aerial Q Subject Lands � Proud Heritage,Exciting Futon 0 100 m File Number:2023-A-43 I I Development Services November 1, 2023 Report No. DS2023-091 Page 14 of 22 Page 51 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Site Plan PROPOSED PROPOSED�`, EXISTING I COVERED ADDITION DECK i DECK 16.19m2 ,' 94.53m2 42.0 1m2 i r / EXISTING r� / � DRILLED �, EXISTING SHED 1 i /NELL 5HE0 2 L 14.4bm2 EXISTING % GARAGE / I i bl.b5m2 4am i 6.4 m DRIVENAY, I AND I EXISTING PARKING COVERED L 4.9 m PORCH I I 24.05m2 Septic I E Tank I I I I 5EPTIC AREA I 240m2 I I I j SCALE 1 : 500i I 1Ju ns1. nT Site Plan 0;4�� (,el Proud Heritage,lixritiun Future File Number:2023-A-43 Development Services November 1, 2023 Report No. DS2023-091 Page 15 of 22 Page 52 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Elevation Drawings r EXTERIOR RENDERING: REAR ` - 7. . s IN �� i� ■ JIM - � I do EXTERIOR RENDERING REAR l5wurs�+o��pf 1F Building Elevations M-omf hTr++tag+ xr;r;ng F`wrrr File Numhei 2023-A43 Development Services November 1, 2023 Report No. DS2023-091 Page 16 of 22 Page 53 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 5: Elevation Drawings r li EXTERIOR RENDERING; READ SIDE 1W a : EXTERIOR REI RINGI..IREM TE f�� .L� Building Elevations ✓mud Hci;aagr,.FxrWt;g F-vium File Numhei M23-A43 Development Services November 1, 2023 Report No. DS2023-091 Page 17 of 22 Page 54 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 6: Floor Plan ILM � iR�i' � f{•31rf �W7E] aiTM F N�MYH` BEDROOM Faif8TW8ISBCaI V M �� AIIYARY 9 0H usa cr L _ �1n tf XITP.Id4 Lh1M}.l GMI N3f�5 E@i'RlFT �j I M IL I li—4-11 d- 3-4—A, I.6 6�k ToWx�slJtp Va� 1—l C}C}T p l s3111 d}fnelmP �Fraita , F.rrir;n F'e+auFr File Numbe- 2gj23-R13 Development Services November 1, 2023 Report No. DS2023-091 Page 18 of 22 Page 55 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 7: County Official Plan — Land Use rl— —J r C Peter St.E. County of Simcoe — Land Use =3 Subject Lands Greenlands - Rural 01'Ti,"nnclrip o�4^- IleeAr»i, Proud llerir,We,L'xc bW Fin- 0 100 M File Number:2023-A-43 I I I I I Development Services November 1, 2023 Report No. DS2023-091 Page 19 of 22 Page 56 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 8: Township Official Plan — Land Use f u�t _ IZ co IC � I II � I i Peter St.E. III Township Official Plan - Land Use CJ Subject Lands OEnvironmental Protection Two Rural _� Major Open Space � -� Environmental Protection One Toun+shiy v� Proud Heritage,Exciting Future 0 100 m File Number:2023-A-43 I + i I Development Services November 1, 2023 Report No. DS2023-091 Page 20 of 22 Page 57 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 9: Township Adopted Official Plan — Land Use xa..pay. F IIJ �+ T i�— Peter St.E. Township Adopted Official Plan - Land Use Pb Subject Lands Greenlands 1 Rural 0iTurmsltih "� Proud lderirste,Exciting haw, 0 300 M File Number:2023-A-43 I I I I Development Services November 1, 2023 Report No. DS2023-091 Page 21 of 22 Page 58 of 162 6.b) 5:40 p.m. DS2023-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 10: Existing Zoning s WI..d ,t. z co A/RU N C OS s —T � A/RU Peter St.E. 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Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Danielle Waters, Planner Meeting Date: November 1, 2023 Report No: DS2023-085 Subject: Minor Variance Application, 2023-A-44, Halina Krzywucka, 111 Robinson Street Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-085 be received and adopted. 2. That Minor Variance Application 2023-A-44 by Halina Krzywucka specifically to permit the construction of a detached accessory building with a reduced interior side yard setback to 1.0 metres (3.2 feet) on lands municipally known as 111 Robinson Street, be approved, subject to the conditions as outlined in Report DS2023-085. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 d), 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 applicant maintains or enhances the existing vegetation along the interior side lot line; 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 or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, Development Services November 1, 2023 Report No. DS2023-085 Page 1 of 10 Page 73 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... that the detached accessory building is no closer than 1.0 metres (3.2 feet) from the interior lot line; e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.23 hectares (0.56 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling and boathouse. The applicant is proposing to construct a detached accessory building. The applicant is seeking relief to the following section of Zoning By- law 97-95: Section 5.1.3 d — detached accessory buildings, interior side yard Required: Proposed: 2.0 metres 6.5 feet 1.0 metres 3.2 feet The applicant's site plan, floor plan and elevation drawing is included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas, Section 1.1.5 — Rural Lands, Section 2.1 — Natural Heritage, Section 2.2 — Water 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/Lands section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, 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. This section is relevant due to proximity to Lake Simcoe. Section 2.2 —Water aims to "protect, improve or restore the quality and quantity of water". The application is consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS as the proposed development is not anticipated to Development Services November 1, 2023 Report No. DS2023-085 Page 2 of 10 Page 74 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... impact any natural features or functions. The location of the proposed structure is outside of the LSRCA regulated area and will not require an LSRCA Permit. The requirement for an engineered lot grading plan will ensure sediment/erosion control which will protect the lake during construction. Planning Staff is of the opinion that this application conforms to the PPS, 2020. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. 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 lands subject to this application are already within an established residential subdivision. 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. However, this policy is relevant due to the proximity of the lands to an inland lake (Lake Simcoe). The subject lands are not located within any natural heritage designations identified in the Township's or County's Official Plans. Furthermore, pursuant to Section 4.2.4.5 of the Growth Plan 2020, the proposed development is permitted, as the subject lands are located within a developed shoreline area. Planning Staff is of the opinion that the application conforms to A Place to Grow, 2020. 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). The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's Minor Variance application conforms to the County's Official Plan as the proposed structure is permitted on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated this application and reviews applications in the context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. At the time of writing this report comments have not yet been received. Committee shall have regard for any comments that come in. The proposed structure is located outside of the regulated area. Development Services November 1, 2023 Report No. DS2023-085 Page 3 of 10 Page 75 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. In this regard, the existing OP (1997) continues to be in effect and serves as the determinative policy regime for reviewing and evaluating the applicant's development proposal. The existing Official Plan will be repealed once the updated Official Plan is approved by the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and by extension accessory uses to the residential use are permitted in the SR Zone. The primary purpose of the interior side yard setback is to provide spatial separation between structures and the lot line, as well as to provide space for access, maintenance and drainage around buildings and landscaping. Planning Staff believe that the proposed setback will provide an adequate setback from the lot line to achieve the above-noted considerations. The applicant has received a letter of support from the neighbour who would be impacted by the variance. Development Services November 1, 2023 Report No. DS2023-085 Page 4 of 10 Page 76 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structures to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff has identified that the proposed detached accessory building would be visible from the neighbouring properties, however, the proposed location is close to the neighbour's detached accessory building and Staff have received supportive comments from the neighbour. The proposed structure will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance is minor in nature as the building is not anticipated to have an adverse impact on the neighbourhood. The proposed variance will keep the existing driveway and have minimal impact on the lot. The requirement for an Engineered Lot Grading Plan will ensure protection of the nearby environmental feature, as an LSRCA permit is not required. As the proposed variance for the detached accessory building is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services November 1, 2023 Report No. DS2023-085 Page 5 of 10 Page 77 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... Corporate Strategic Goals: In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Foster Safe and Inclusive Community Living & Business Growth • manage change, promote economic activity that does not negatively impact the Township's natural heritage features and attributes Consultations: A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received: • Township's Operations Department— Entrance permit required • Letter of support from neighbour Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Proposed Site Plan Schedule 4: Applicant's Proposed Floor Plan and Elevation Drawing Conclusion: Planning Staff recommends that Minor Variance Application 2023-A-44 be approved, specifically, to permit the construction of a detached accessory building with a reduced interior side yard setback to 1.0 metres (3.2 feet) on lands municipally known as 111 Robinson Street, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS, conforms to the Growth Plan 2020 and the County Official Plan and represents good planning. Respectfully submitted, Danielle Waters Planner, October 24, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services October 24, 2023 George Vadeboncoeur, October 25, 2023 Interim Director, Development Services Development Services November 1, 2023 Report No. DS2023-085 Page 6 of 10 Page 78 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map I - �stoneRA. J �. � I I I c � d Robinson St. 145 115 123 127 131 133 135 105 109 191 113 117 81 83 85 87 89 91 93 95 97 99 101 Lake Simcoe Schedule 1 Location ��j'!owusl�rp of ®Subject Lands — - —-- Proud Herifage,Excifing Future 0 100 m 4 Development Services November 1, 2023 Report No. DS2023-085 Page 7 of 10 Page 79 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo VaseYRd— Ha Ieetio•YalleYRd. IOId.Q1ar''e•Rd.� I s_� � r ss K' ti -. 1 1 A y 1 { N Schedule 2 g Aerial Photo 7bumship of Subject Lands Proud Heritage,Exciting Future 0 30 m N I i i I Development Services November 1, 2023 Report No. DS2023-085 Page 8 of 10 Page 80 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicants Proposed Site Plan ROBINSON STRRRT 1.0m interior side yard setback 3.0 e.s II � rn �L � 1, a � j q 1 i♦R .� II I `'� OHw I aw p+ aHw H1DR0 o y •gam I � otm I 0 xIs Id , x g xIIVII N.liy4 11 • gib styco ERR 9111fNt oLV�nM,Tam.(4PRM[P'W.PT) Schedule 3 Applicant's Site Plan Totrmship Proud Heritage,Exciting Funire Development Services November 1, 2023 Report No. DS2023-085 Page 9 of 10 Page 81 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... Schedule 4: Applicant's Floor Plan and Elevation Drawing 32-9F(10.00] I II I •oco sioixc ax I YE- SH I.t v ivwoaa Nc I I o z�rcoueu=vuh I ni ca su vu¢ I I e�eon I I I 32"-9} [10.00] I I I I I u I ~ I W i I I I I I I I I I I I I I I I i I I I OheElx O.Nf/0 I I I I I _________ J 12--T.. 16-If L2-0 16-0" 2-9� GARAGE AREA:699.64 SF(65.0 W) .i 1 0" 0.301 b bo --- ----- ---------------- --- 32'-9}"[10.00] FRONT GARAGE ELEVATION i '-s Elevations 0T��f Proud Heritage,Exciting Futurc Development Services November 1, 2023 Report No. DS2023-085 Page 10 of 10 Page 82 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... II() a g a � � � q Q � Aid � s CM C N O C6 C� ^ ry U) 4-0 O U) a� U C O o ca cn4-0 C6 C/) o a C6 > � U O 0 M W C: C U) a o • • }' ._ CO C C a� ._ v � U i N O c) Page 83 of 162 6.c) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A... II() a . 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U �� t• A,; , .e� o Q U Q� J U C6 .L C6 O C 75 Page 92 of 162 6.C) 5:50 p.m. DS2023-085, Danielle Waters, Planner re: Minor Variance A.. �) . \ � \ / a) / E \ \ \ 0 ® / / § E o N a) U ) E § / CO = n / _ \ £ 2 U § \ \ / 7\ $ g - § > \ § '> ° 2 0 = g ) 0 \ ° M Cn ƒ a) g �/ Ek \ § a 22 \ cn CO 2 \ % o £ g 2 ƒ M — 0 ( / \ / \ ® q k ® k E \ CD $ % % 0 » 0 2 w m ° / a) � \ = G / / £ e | \ ƒ 0 / % E t J ° m o 0 / m % m g [ / = m E k / / '\ ) Lu \ \ = s @ = 5 m — ) _ E= SO \ ƒ 0 0 \ ƒ = a3@ 5 0 7 t e = = ± _ CL(D 0 \ / \ / / \ \ 0 § f c m c 0.-0 E n 0) \ CL > e = 0 6 . co E g cc g § s � 0 E % \ / 5 = = £ s = oE C — o ¥ \ @ >5 e / E _ \ E q \ = et � � � 0 23 / = 2= keog o � o = o a > = 0@ 0 - e / 3 & ELUE$ R \ n ) = e = @ e E 2 \ 2 = e g ® e > \ � _§ / 2G § \ �\ } \ CO / % \ \ o / \ @ '5 s = \ ƒ � / -0 a) \ \ ® . »a0 o ° $ C \ � \ = in M U)- � � > = 7 � S = f0 0 3 § 7 n / G \ / \ t \ / ® ° % 0 Z � e o o g ) k / m 0) _ __ % = A E % g co / \ g 5 ƒ % \ 0 -0 0 / 37 .gm / tee (n 7 \ 0 k E f / E 7 } »± / \ CO 7 f \ \ $ 2 -J i f § _ C) < M m3 § \ 2 -- a)0 / E9a = / ƒ\ kf / \ k ( \ � 2 = nf P \ Eme0 > = tea 2 cc E / n -0/ _0 Cu � s5_� /e_ § / 0 E 3Gt 0 \ o ' k = _ v� _ \ / cc ƒ / \ / & w « Page 93 0 162 6.d) 6:00 p.m. DS2023-086, 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: November 1, 2023 Report No: DS2023-086 Subject: Minor Variance Application 2023-A-45, Joe Toti and Kim Edwards-Toti, 586 15/16 Sideroad East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-086 be received and adopted. 2. That Minor Variance Application 2023-A-45 by Joe Toti and Kim Edwards-Toti specifically for permission to build a detached accessory building with an increased floor area of 114.5 sq.m. (1,233.0 sq.ft.), increased height to 4.6 metres (15.1 feet), reduced interior side yard and rear yard of 0.6 metres (2.0 feet), on lands municipally known as 586 15/16 Sideroad East, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2023- 086. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.3 b), 5.1.3 d), 5.1.4 and 5.1.6, the detached accessory building shall otherwise comply with 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 submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Lake Simcoe Region Conservation Authority Permit (if required) and Building Permit be Development Services November 1, 2023 Report No. DS2023-086 Page 1 of 11 Page 94 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... 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 0.4 hectares (1.0 acres) and contains a single detached dwelling and several accessory buildings. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. When Staff were writing this report, an error was found in the notice that stated the incorrect required size for an accessory building in the RUR2 zone. The request from the applicant remains the same. Staff have noted the indiscretion in Section 5.1.6 below. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.3 b — detached accessory buildings, rear and Required: Proposed: 2.0 metres 6.5 feet 0.6 metres 2.0 feet Section 5.1.3 d — detached accessory buildings, interior side yard Required: Proposed: 2.0 metres 6.5 feet 0.6 metres 2.0 feet Section 5.1.4 — detached accessory buildings, maximum height Required: Proposed: 4.5 metres 14.7 feet 4.6 metres 15.1 feet Section 5.1.6 — detached accessory buildings, maximum floor area Required: Proposed: 100 sq.m (1076.4 114.5 sq.m. (1,233.0 sq.ft.) 70.0 s .m. 753.5 s .ft. The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The Development Services November 1, 2023 Report No. DS2023-086 Page 2 of 11 Page 95 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... application represents limited residential development that is consistent with the PPS with respect to Rural Areas. The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed this minor variance application and has noted there are no concerns regarding natural heritage features. Based on the above, Planning Staff is of the opinion that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the applicants are proposing a detached accessory building, which is 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 accessory building 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 majority of the property is regulated by LSRCA; however, the proposed structure is located outside of the regulated area. This application was circulated to the LSRCA who advised that they have no objection to the variance. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. County Official Plan The property is designated Greenlands and Agricultural in the County of Simcoe's Official Plan. The proposed development will be located within the Greenlands Development Services November 1, 2023 Report No. DS2023-086 Page 3 of 11 Page 96 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... designation. The intent of the Greenlands designation is to "protect and restore the natural character, form, function and connectivity of the natural heritage system..." (County of Simcoe, 2016). Permitted uses in the Greenlands designation include agricultural uses; agriculture-related uses; on-farm diversified uses; forestry uses; mineral aggregate operations; outdoor passive recreational uses; and residential dwelling units that demonstrate that the lands are not within a prime agricultural area. According to Section 3.8.16, legally existing uses within the Greenlands system will be recognized and can continue. In Planning Staff's opinion, the applicant's minor variance application conforms with the County's Official Plan as the construction of a detached accessory building is considered an accessory use to the existing residential use on the subject lands. Lake Simcoe Protection Plan (LSPP) The subject lands are regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated for this application and reviews applications in context of the Lake Simcoe Protection Plan (LSPP), and Ontario Regulation 179/06 under the Conservation Authorities Act. LSRCA has provided comments to the Township, and they have no concerns with this application. The proposed structure is located outside of the regulated area, however, a permit/clearance maybe required. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the -general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. In this regard, the existing OP (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 Development Services November 1, 2023 Report No. DS2023-086 Page 4 of 11 Page 97 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... 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 Greenlands and Agricultural in the Township's Adopted Official Plan. The proposed structure is located in the Greenlands designation. Pursuant to the policies of the Plan, permitted uses within the Greenlands designation are single detached dwellings and by extension accessory uses to the residential use. Current Official Plan The subject lands are designated Agricultural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Agricultural designation are single detached dwellings and by extension accessory uses to the residential use. Planning Staff are of the opinion that the proposed variances 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 Rural Residential Two (RUR2) in the Township's Zoning By-law 97-95. According to the Township's Zoning By-law, a detached accessory building is permitted in the RUR2 Zone, and 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 increase in floor area and height will blend in with the Agricultural neighbourhood as larger buildings are common in the area. The structure is located far back from the road and is smaller in size than the dwelling. Planning Staff are satisfied that the proposed structure will appear secondary and subordinate to the main dwelling structure. The general intent of the interior side yard and rear yard setbacks are to ensure access around a structure for maintenance purposes. The proposed setbacks will allow for continued access around the structure to be maintained. 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? Development Services November 1, 2023 Report No. DS2023-086 Page 5 of 11 Page 98 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... 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, a similar structure may not be supportable on every property within this area depending on size, location, and screening from view. The proposed structure is located far from the road and is smaller than the main dwelling. 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 is secondary and subordinate to the primary residential use on the lot and is not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Lake Simcoe Protection 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. Development Services November 1, 2023 Report No. DS2023-086 Page 6 of 11 Page 99 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... 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. • LSRCA— no objections. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Drawings Conclusion Planning Staff recommends that Minor Variance Application 2023-A-45 be approved, specifically for permission to build a detached accessory building with an increased floor area of 114.5 sq.m. (1,233.0 sq.ft.), increased height to 4.6 metres (15.1 feet), reduced interior side yard and rear yard of 0.6 metres (2.0 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, October 24, 2023 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Development Services October 26, 2023 George Vadeboncoeur, Interim Director, Development Services October 27, 2023 Development Services November 1, 2023 Report No. DS2023-086 Page 7 of 11 Page 100 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location Map 1052 R »v.sryRe.w. • We,"a'f I Z' �I �I C J 696 792 528 588 590 592 -�~ - -- -_ sa6 15/16 Srd.E. � -- 643 665 688 7y Location Tin�nuhi 0 Subject Lands /� _ - P.f Prond Heritage,Exciting Future 0 loom File Number:2023-A45 41 Development Services November 1, 2023 Report No. DS2023-086 Page 8 of 11 Page 101 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo IF.06* . IN i 528 586 - 588 590 592 _ 688 Aerial Q f Subject Lands / /GZ & Proud Heritage,Exciting Futurr 0 100 m File Number:2023-A-45 ti I I 1 Development Services November 1, 2023 Report No. DS2023-086 Page 9 of 11 Page 102 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant's Site Plan 6 i 111 4 �i•�qp �Rehv,.ie. k9+� i �_ Cinro:e 40' X 7oF I vi?-:r71 7 s 1i Toums �! Site Plan Proud Heritage,Exciting Futurr File Number:2023-A-45 Development Services November 1, 2023 Report No. DS2023-086 Page 10 of 11 Page 103 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... 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CDCD Q u a) • • CY r i CY CN rCD � CL CY CD Q (10 � � m Page 106 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... rAl a a � f•y Aid O •� T �, LO CM N O N t � � 1 U Q O U C� C6 O 0 0 a. m Q Page 107 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... rAl a a � 0 Aid F- 000—*k.% O I V / I ui Vl M O � Nas . i y � Co U Q O U C� C6 O O C � � a N y ■� � GC 7 V Ln CC 4 LJ w L _ - I Page 108 of 162 6.d) 6:00 p.m. DS2023-086, Danielle Waters, Planner re: Minor Variance A... rAl a Nfiaun CC a � 000—*k.% O �� A■ ■ y Aww++ a LO O V+ Q t� J i CM NC) • • can L Ng,�n CL cr 0 -6 O O � II v7 c( L7 H v � I � HO ca i � 1 III O •� a o C G O ° ----- Ln C? 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Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 1, 2023 Report No.: DS2023-089 Subject: Minor Variance application 2023-A-46, Ashley Davidson & Erik Montgomery, 3 Crawford Street Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2023-089 be received and adopted. 2. That Minor Variance Application 2023-A-46 by Ashley Davidson & Erik Montgomery specifically for permission to legalize the existing rear deck with a reduced rear yard setback of 18.0 metres (59.1 feet) from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum), on lands municipally known as 3 Crawford Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2023-089. 3. The conditions are as follows: a) That notwithstanding Section 5.7 (a), the deck shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the deck be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify in writing that the deck is located no closer than 18.0 metres from the average high water mark of Lake Simcoe (219.15m G.S.0 Datum); and, Development Services November 1, 2023 Report No. DS2023-089 Page 1 of 10 Page 116 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... 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 a lot area of 0.13 hectares (0.33 acres), according to MPAC records, and contains a single detached dwelling and a shed. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Minor Variance 2023-A-46 The applicants are proposing to legalize an existing rear deck. The applicants are seeking relief to the following section of Zoning By-law 97-95: Section 5.7 (a) Minimum setback from the average high water mark of Lake Simcoe for a deck attached to a single detached dwellin Required: Proposed: 20.0 metres 65.6 feet 18.0 metres 59.1 feet The applicants' site plan is included as Schedule 3 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 development is not anticipated to 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 deck is consistent with the Rural Areas policies in the Development Services November 1, 2023 Report No. DS2023-089 Page 2 of 10 Page 117 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are 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), "expansion to existing buildings or structures, accessory structures and uses, ... are permitted subject to a demonstration that the use does not expand into a key natural heritage feature, a key hydrologic feature and any minimum vegetation protection zone associated with a feature or the Lake Simcoe shoreline, unless there is no alternative in which case any expansion shall be limited in scope and kept within close geographical proximity to the existing structure" (p. 54). The majority of the property is 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. Nevertheless, the applicants had obtained an LSRCA Permit for the deck back in April, 2021. Since the Permit has expired, one of the recommended conditions is that the applicants obtain a new LSRCA Permit. 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 deck 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. Development Services November 1, 2023 Report No. DS2023-089 Page 3 of 10 Page 118 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance maintain the -general intent and purpose of the Official Plan? The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. 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 receives final approval 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 decks. The proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to legalize the deck at the rear of the single detached dwelling, which is a permitted use in the Shoreline Designation and it does not conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential in the Township's Zoning By-law 97- 95, as amended. Single detached dwellings and by extension decks, are permitted in the Shoreline Residential Zone. The applicants are proposing to legalize the existing rear deck and are seeking relief from Section 5.7 (a) of the Zoning By-law to reduce the required rear yard setback from 20.0 metres (65.6 feet) to 18.0 metres (59.1 feet) from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum). Development Services November 1, 2023 Report No. DS2023-089 Page 4 of 10 Page 119 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. Since the applicants are proposing a reduced setback from the average high water mark of Lake Simcoe, Planning Staff rely on the expertise of the Lake Simcoe Region Conservation Authority which is the agency mandated with the protection of water resources and minimizing or preventing the impact of natural hazards such as flooding and erosion within the watershed. In this regard, the LSRCA had issued a permit in April, 2021 for the rear deck. Since their permit has expired, the owners will be required to obtain a new LSRCA Permit prior to obtaining their Building Permit. Based on the above, Planning Staff are satisfied that the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the deck encroachment does not impact the adjacent landowners as there is dense vegetation along the west property line and a wood fence along the east properly line, which buffer the deck from the neighbouring properties. In Planning Staff's opinion, the deck does not stand-out, look out of place or detract from the character of this established shoreline residential area. For these reasons, Planning Staff are of the opinion that the proposed variance is considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed development is not anticipated to have an adverse impact on the character and appearance of the shoreline residential neighbourhood and is not anticipated to impact the natural features or functions. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation Development Services November 1, 2023 Report No. DS2023-089 Page 5 of 10 Page 120 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan (1997) • Township of Oro-Medonte Adopted Official Plan (2022) • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The application is consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: • Township Infrastructure and Capital Projects— No comments. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Conclusion Planning Staff recommends that Minor Variance Application 2023-A-46 be approved, specifically to legalize the existing rear deck with a reduced rear yard setback of 18.0 metres (59.1 feet) from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, an represents good planning. Respectfully submitted, Development Services November 1, 2023 Report No. DS2023-089 Page 6 of 10 Page 121 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... Catherine McCarroll, RPP, Senior Planner, October 23, 2023. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 24, 2023 George Vadeboncoeur, Interim Director, Development Services October 25, 2023 Development Services November 1, 2023 Report No. DS2023-089 Page 7 of 10 Page 122 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map 1074 co d C J 198 196 194 192 204 200 202 206 �I 208 210 220 212 216 240 238 234 228 224 191 zaz 236 Rd-�' ti 1 �agesho� 199 197 U) 201 v 1 207 233 229 2 3 219 211 223 217` 209 1 � e Kempenfelt Simcoe Bay Location Subject Lands Tinunshipo� Proud Heritage,Exciting Funny 0 loom File Number:2023-A46 I I I I Development Services November 1, 2023 Report No. DS2023-089 Page 8 of 10 Page 123 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Aerial Photo 2�28 2�26 224 Lakeshore Rd.W• — ,• fig, � _ -- 221 3 Aerial /(� i ,f Q Subject Lands mn,,,,i�, ��O�E, Proud Heritage,Exciting Future 0 100 rn File Number:2023-A46 ti I I I I I Development Services November 1, 2023 Report No. DS2023-089 Page 9 of 10 Page 124 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... Schedule 3: Applicant's Site Plan I 1 � 0 v , m ,�{ INN � F " Dea o ti w s;i 4 5 t N .�Pt •y i ti - iESloco� -----I —7 Touof Site Plan Proud Heritage,Exciting Futurr File Number:2023-A-46 Development Services November 1, 2023 Report No. DS2023-089 Page 10 of 10 Page 125 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l a n, J'c W - I g & 4-0 co IUD �- � e ME �� o �- N O U ry U) � ca Q � U •� .L > (3) U � U O M � m W .c U) a 6 V i N O U Page 126 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l a W W Ln N Js E � O O � >, c: � m `~ = aD Q NQ � _0 LO 4-0 (V N N N a a� _CU o 0 p o6 p .0) O c Q N 4-0 O Q Co N 0 0 cn U � L- cu U (6 a) U L6 O � ' ' cn Lei ° a 0 0 O o .� E E a o IL co cn U) N Page 127 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l a W c E O cm 5O L (o o aaa M .� N O N N 4-0 J U '.of - it� { e : m W U C6 .L C6 � O O � c� L Q Page 128 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l a W na/n a 'S 9 awl 0 T N O ` d o L A J A ' 4. M d ` ' � � s '1S P�oJineio co O �` s N Y O U Q N U C6 0 0 C IN 75 J C3 G ■_ QJ U1 � W Cf9` W 1 Page 129 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l 4-4 s 9, a � � x O�\ T ■ ■ C c: h �. j ' c� CM D O `^ U U) m g ■ ; . 7 olvai. V1 /1 e a Qj T — W ih U! Q N L � ■ ■ " a LL On e e U LI) W J 0 Page 130 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l a W c E O cm -6--j 5O L co � 1 s I I • �•r � > � P T �1 fl r l I 0 .....— ----- -----'{- Q 1- ^, CRAWFORD STREET W U . . C6 � C6 � O c � v CL Q Page 131 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... _11 004) ^W � a W 4-0 r� v' a � a � n' O � � U 0) O _o O o Q o' M o O J O A IZ O - o 0 0 J Page 132 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l Ilk a W c O O �. co 75 J.. r N cn O o N � � o O z Q r ?3 Page 133 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l 40 N� sy� � bra S IO s 4� ,I }i Q _0 M _0 4-0 70 �I Aq n° a, W IJJ i � n 75 I l^O } Page 134 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l a W c E O cm -6--j 5O j� (� (D � N � C6 CY) U Q 0) c Q U) NLLI i I .il l^O i Page 135 of 162 6.e) 6:10 p.m. DS2023-089, Catherine McCarroll, Senior Planner re: Minor... r�l o a � V c: J 1 L co N � p O ca Q � � cu 4-0 o e C6 cn O � 75 Page 136 of 162 6.e) 6:10 p.m. DS2023-089, Catherine MCCarr011, Senior Planner re: Minor 0 } E \ $ a .2 % f / E 2 / � / ƒ \ 2 j \ � U) 7E Rm § Z 3 ° g / 2 \ m\ \ = ANƒ / CO E/ \ \ ƒ � o o \ \ 2 w 2 $ '7 U5U) ~ m n \d \ / .2 6 E E a) 0 E % \ / ° f 3 / ƒ Cc: � .$ o / 2 2 ^ = g E £ o U � \ \ c\J > / (A a- » � § / / c: ca a) E > k e o e E E R / 3 U » \ § ƒ / r mcc | � CL\ '\ } & \ / � / \ \ q ° 2 + @ § LE / _ C % = 2 0 = E § / % E 5 \ E / ¥ / 2 f \ ) � \ 2 E ° Ek = E 2 2 / § k22 \ � \ ¥ ® ) ° m / _ _ £ c: m ° 7 � a/ / / \ 2 77 § / [ \ £ 2 m > � ƒ / § : U § � E ( 2 s �� [ 2 $ � / _ � � / = 2 ° o � _ / E _ 6 2 afn § / / MC /' cn a »® _ ® / .0 \ \ \ k 0 U) ± E 0-a) Co E Lm \ k / / f \ ° ± / 7E / � 2 -e 6 / � \ E § \ CL / © (n / m / \ \ / 2 > / ƒ / s ° / '3 n m � r c CL 0 a) ) / E _ _ _ 5, E » ._ % -� / ^ 00 0 ® 7 E D 2 _2 / \ \ _ \ a 4 \ / � % 00)\ \ / \ ® � / n m P § / . f § £ _T \ 2 C) </ / % _ $ % / 2 f £ / § I \ & \ % g 2 = ƒ 2 e co E = o E 2 u E E \ \ \/ / \ § . = e = g = _ _ = n y � n � _ » @r g = £ e £ E = £ \ / 7 / \ E r \ 2 2 £ # 2 ) e = § = e = = = y= = o = = E 5 E _ / j \ / \ \ / < � / Page137 0 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 1, 2023 Report No.: DS2023-090 Subject: Consent Application 2023-B-11 and Zoning By-law Amendment Application 2023-ZBA-12, 2374357 Ontario Inc., 137 Line 9 South Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2023-090 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 to recognize the reduced interior side yard setback of 3.0 metres (9.8 feet) for the existing silo, and to 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 approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. That Consent Application 2023-B-11 by 2374357 Ontario Inc. to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation Development Services November 1, 2023 Report No. DS2023-090 Pagel of 25 Page 138 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... having a lot frontage of approximately 76.0 metres (249.3 feet), a lot depth of approximately 105.0 metres (344.5 feet) and an area of approximately 0.65 hectares (1.6 acres), be approved, subject to the conditions as outlined in Report No. DS2023-090. 5. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of cash in lieu of parkland and compliance with the Ontario Building Code, on either the severed or retained parcel. b) That the retained lands be rezoned to the Agricultural/Rural Exception 348 (A/RU*348) Zone to prohibit residential uses consistent with the Provincial Policy Statement and to recognize the reduced interior side yard setback for the existing silo. c) That the severed lands be rezoned to the Agricultural/Rural Exception 349 (A/RU*349) Zone to recognize the increased floor area and increased height of the existing oversized detached accessory building and recognized the increase lot coverage for all existing detached accessory buildings. d) That the applicant's solicitor provide a written undertaking to the Secretary- Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands. e) That the applicants supply the Township with written confirmation, prepared by an Ontario Land Surveyor, that the existing silo is located no closer than 3.0 metres (9.8 feet) from the new interior side lot line; f) That the shipping container be removed from the lands to be severed; g) That the agricultural building on the retained lands be demolished to comply with the Ontario Building Code; h) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumberances, a 15m by 15m daylighting triangle at the corner of Line 9 South and School House Road dimensioned to the satisfaction of the Director, Operations and Community Services, to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Line 9 South as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. Development Services November 1, 2023 Report No. DS2023-090 Page 2 of 25 Page 139 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... i) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. j) That all municipal taxes be paid to the Township of Oro-Medonte. k) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. 1) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. m) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. n) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background The subject lands are located at the southeast corner of the intersection of Line 9 South and School House Road. The lands occupy a lot area of approximately 34.0 hectares (84.0 acres) according to MPAC records. The lands contain a single detached dwelling, detached two-car garage, swimming pool, shipping container, two (2) agricultural buildings and three (3) silos. The majority of the land is under agricultural cultivation. A landscaping business, Fairgreen Sod Farms, occupies the north west corner of the property and is currently subject to Zoning By-law Amendment Application 2015-ZBA- 07. The surrounding land uses predominantly consist of agricultural uses and there are a few industrial and commercial uses located to the north and northwest of the subject lands. A Location Map is included as Schedule 1 to this report, an Aerial Photo is included as Schedule 2. Development Services November 1, 2023 Report No. DS2023-090 Page 3 of 25 Page 140 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Zoning By-law Amendment 2015-ZBA-07 In 2015, the property owner submitted a Zoning By-law Amendment to recognize their existing business, Fairgreen Sod Farms, which sells sod, mulch, aggregates, seeds and fertilizer. A Public Meeting was held on June 3, 2015 to obtain public comments. No public comments were received at the meeting; yet, some residents submitted letters of objection. Comments were also received from the MTO and the Township's Operations Department who indicated that they will provide additional comments once they receive a revised site plan and an engineered lot grading plan. The applicant has re-engaged with Planning Staff in regard to taking the necessary steps to advance this application. Once the applicant submits revised plans, they will be circulated for comments and the application will be brought back to the Development Services Committee in the form of a Staff Report. Consent Application 2023-B-11 Purpose: The purpose of Consent Application 2023-B-11 is the creation of a new lot through the severance of a dwelling described as surplus to a consolidated farming operation. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage/ Approximately 76.0 m (249.3 ft.) Approximately 475.2 m (1,558.9 ft.) Width: on School House Road Depth: Approximately 105.0 m 344.5 ft.)* Approximately 614.0 m 2,014.6 ft. Area: Approximately 0.65 ha 1.6 ac. * Approximately 33.3 ha 82.4 ac. * Use: Residential Agricultural and Fair green Sod Farms *These dimensions were altered slightly following discussions with the Building Division. In order to be in compliance with the Ontario Building Code (OBC), the applicant is deciding to demolish the existing agricultural building on the retained lands, rather then making modifications to the building to comply with the OBC, as it did not meet the required setbacks to the new lot line. As a result of the revised plans, the easements to provide access the hydrant and well are no longer required as previously requested. Zoning By-law Amendment 2023-ZBA-12 On August 4, 2023, the applicant submitted the Zoning By-law Amendment application to the Township. This original submission was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comment. The purpose of the Zoning By-law Amendment application is to rezone the lands proposed to be severed from an Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 349 (A/RU*349) to recognize an increased floor area and height of an existing detached accessory building and recognize an increased lot coverage of all Development Services November 1, 2023 Report No. DS2023-090 Page 4 of 25 Page 141 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... existing detached accessory buildings on the lot, and rezone the lands proposed to be retained from an Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 348 (A/RU*348) Zone to prohibit future residential uses and recognize a reduced interior side yard setback for the existing silo. A combined Public Meeting and Public Hearing were held on September 6, 2023 to receive comments from members of the Committee and the public with regards to the severance and associated Zoning By-law Amendment. There were no comments received at the public meeting; however, a number of written comments were received, see page 12 of this report. Analysis Provincial Policy Statement (2020) The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.3 - Agriculture are applicable to this application. The subject lands are located in a Prime Agricultural Area. In accordance with Section 2.3.1 of the PPS, prime agricultural areas are to be protected for the long-term use for agriculture. Section 2.3.4 contains policies for lot creation, specifically Section 2.3.4.1 states: "Lot creation in prime agricultural areas is discouraged and may only be permitted for: c. a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and, 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective" (p. 27, PPS) The proposed consent is a severance of a residence surplus to a farming operation as a result of a farm consolidation. The owner of the subject lands (2374357 Ontario Inc.) owns an additional farm property in the Township, specifically 688 Line 9 North, see Schedule 7. The applicant is proposing to sever the dwelling on the subject farm parcel (137 Line 9 South) on the basis that it is surplus to their farming operation. Planning Staff is of the opinion that the proposed Consent to sever a residence surplus to a farming operation and the associated Zoning By-law Amendment to rezone the retained lands to prohibit residential uses is considered to be consistent with the Provincial Policy Statement, by protecting the agricultural lands from any residential development and consolidating it with other farm parcels located in the Township. Development Services November 1, 2023 Report No. DS2023-090 Page 5 of 25 Page 142 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. Section 2.2.9.6 states: "New multiple lots or units for residential development will be directed to settlement areas, but may be allowed on rural lands in site-specific locations with approved zoning or designation in an official plan that permitted this type of development as of June 16, 2006." (p. 28). The Growth Plan does not specifically address applications for the severance of surplus farm dwellings as a result of a farm consolidation. As noted previously in this report, the purpose of the Consent Application is to sever a lot containing a residence surplus to a farm operation as a result of farm consolidation. In this regard, it is noted that while the proposed severance would result in the creation of a new lot, the Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance" (p.27). Therefore, on this basis, the proposed severance for the creation of a new lot by way of severance for a residence surplus to a farming operation as a result of farm consolidation and the rezoning to prohibit future residential development is considered to conform to the Growth Plan policies of the Province. County of Simcoe Official Plan The subject lands are located within the Agricultural designation. Section 3.3 of the County's Official Plan contains "General Development Policies" and, specifically, Section 3.3.5 states that "Consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation." (p. 19). Section 3.6.7 (c) of the County's Official Plan states that lot creation may be permitted in the Agricultural designation for a residence surplus to a farming operation as a result of farm consolidation, provided that: i. "The new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of 1 hectare; and, ii. New residential dwellings are prohibited on any remnant parcel of farmland created by the severance. To ensure that no new residential dwellings are permitted on the remnant parcel, municipalities may use approaches such as zoning to prohibit the development of a dwelling unit(s), and/or the municipality may enter into agreements imposed as a condition to the approval of lot creation and the agreements may be registered against the land to which it applies" (p. 38). Development Services November 1, 2023 Report No. DS2023-090 Page 6 of 25 Page 143 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... A "Residence surplus to a farming operation" is defined in the County of Simcoe Official Plan as "an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)." (p.150). The consent application is proposing a severed lot size of 0.65 hectares (1.6 acres), which complies with the County's policy for a residence surplus to a farming operation outlined in Section 3.6.7 of the County's Official Plan. The proposed rezoning application would prohibit any residential development on the retained lands; therefore, protecting a prime agricultural area for long-term agricultural use, which is consistent with the policies of the County Official Plan. The County Planning Department provided comments dated September 6, 2023, see Schedule 9 to this report. County Planning Staff do not object to the proposed consent application in principle however, we require that as a condition of consent, the Committee require the applicant rezone the retained lands to prohibit a residential dwelling in order to conform to SCOP Section 3.6.7 and PPS 2.3.4.1(c). On this basis, Planning Staff are satisfied that the Consent and Zoning By-law Amendment applications conform to the County of Simcoe's Official Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside of the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate applications that are not within the regulated area to the LSRCA. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the applications in context to the policies in the LSPP and note that the LSPP does not specifically speak to the severance of surplus farm dwellings. Furthermore, there are no natural heritage features identified on the subject lands. Township of Oro-Medonte Official Plan The Township's updated Official Plan was adopted by Council on October 5, 2022 and was approved by the County of Simcoe on October 24, 2023. The decision of the County will become final if a Notice of Appeal is not received on or before the last day for filing an appeal. In this regard, the existing OP (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 receives final approval from the County. As a result, this report contains an overview of both the existing and updated Township Official Plans with respect to the proposed development on the subject lands. The subject lands are designated Agricultural in accordance with Schedule "A— Land Use" of the Township's existing Official Plan. The subject lands were proposed to be Development Services November 1, 2023 Report No. DS2023-090 Page 7 of 25 Page 144 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... designated Employment Lands in the Township's Adopted Official Plan but based on discussions with County Planning Staff, the subject lands have been identified as `non- decision lands' until the County has the opportunity to refine the County Official Plan schedules through Phase 2 of the Municipal Comprehensive Review (MCR) currently underway. As a result, Planning Staff must defer to the Agricultural designation policies in the Township's existing Official Plan. Since the proposed lot creation involves the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands. The rezoning of the retained lands to prohibit residential use is consistent with the objectives of the Agricultural Designation, since it protects the retained parcel for agricultural use only. The Township's existing Official Plan does not contain policies specific to the severance of surplus farm dwellings. Therefore, it is necessary to rely on PPS and County Official Plan policies when considering such applications. However, the application must still be considered against the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. "Section D2.1 — Preferred Means of Land Division Land division by Plan of Subdivision, rather than by consent, shall generally be required if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots; or, b) the area that is proposed to be developed is not considered to be infilling; or, c) a Plan of Subdivision is required to ensure that the entire land holding or area is developed in an orderly and efficient manner; or, d) more than four lots including the retained lands are being created and/or the owner is retaining sufficient lands for the development of additional lots." (p.229). In Planning Staff's opinion, Consent rather than a Plan of Subdivision, would be the appropriate means through which to consider the proposed lot as it is the severance of a surplus farm dwelling. For the purposes of the creation of a lot by Consent, Planning staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed applications for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1, "New Lot by Consent— General Criteria", in the Township's Official Plan: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Development Services November 1, 2023 Report No. DS2023-090 Page 8 of 25 Page 145 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Staff comment: Conforms. The severed parcel would front onto Line 9 South and the retained parcel would front onto Line 9 South and School House Road. Both roads are Township roads that are maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Staff comment: Conforms. The subject lands do not have direct access to a Provincial Highway or County Road; however, they are within close proximity to Highway 11. The MTO has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. Committee members should have regard to any MTO comments that may be received. c) Will not cause a traffic hazard; Staff comment: Conforms. The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns but have advised that a 15.Om x 15.Om daylight triangle at the intersection of Line 9 South and School House Road will be required to be transferred by the Owner to the Township. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Staff comment: The lands to be severed and the lands to be retained comply with the Zoning By-law's lot frontage and lot area requirements. e) Can be serviced with an appropriate water supply and means of sewage disposal, Staff comment: Conforms. The existing dwelling on the severed lands is currently being serviced by a private well and private septic system. f) Will not have a negative impact on the drainage patterns in the area; Staff comment: Conforms. The severed lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Staff comment: Conforms. As proposed, the lands to be retained and severed would not restrict the development of any other lands. Development Services November 1, 2023 Report No. DS2023-090 Page 9 of 25 Page 146 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... h) Will not have a negative impact on the features and functions of any ecological feature in the area; Staff comment: Conforms. No natural heritage concerns have been identified by the Township and applicable agencies in their review of this application. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Staff comment: Conforms. No groundwater concerns have been identified by the Township and agencies in their review of these applications. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Staff comment: Conforms. The Consent applications have been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the applications conform. Further, it is noted that since the proposed lot creation is the result of the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands. The rezoning of the retained lands to prohibit residential use is consistent with the objectives of the Agricultural Designation, since it protects the retained parcel for agricultural use only. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to prohibit residential uses on the retained lands conforms to the Township's Official Plan. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The minimum lot size required in the A/RU Zone is 0.4 hectares (1.0 acre) for residential uses and 2.0 hectares (4.9 acres) for agricultural uses. The minimum lot frontage required for properties zoned A/RU is 45.0 metres (147.6 feet). The severed and retained parcels will comply with the Zoning By-law's lot area and lot frontage requirements. Development Services November 1, 2023 Report No. DS2023-090 Page 10 of 25 Page 147 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... The By-law would rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 348 (A/RU*348) Zone, which would permit Agricultural/Rural uses; however, it would prohibit residential uses in keeping with PPS policies for surplus farm dwelling severances. Exception 348 would also recognize the reduced interior side yard setback for the existing silo. The minimum interior side yard setback for agricultural buildings is 15 metres (49.2 feet); yet, as a result of the approved severance, the silo will be setback 3.0 metres (9.8 feet) from the interior side lot line. Following a number of discussions with the Building Division, the applicant is deciding to demolish the agricultural building on the retained lands, rather than making modifications to the existing building to comply with the setback requirements set out in the Ontario Building Code (OBC). Therefore, should the applications be approved, Planning Staff recommend that as a condition of consent, the owner demolishes the existing agricultural building on the retained lands to comply with the Ontario Building Code. The By-law would also rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 349 (A/RU*349) Zone to recognize the increased floor area and height of the existing oversized detached accessory building. An agricultural building, which would have been permitted on the original lot, is not permitted on lots under 2.0 hectares (4.94 acres) in size. Since the lands to be severed will be approximately 0.65 hectares (1.6 acres), an agricultural building is not permitted and the building is now classified as an accessory building. The maximum permitted floor area for an accessory building in the A/RU Zone is 100 square metres (1,076.4 square feet) and the maximum permitted height is 4.5 metres (14.7 feet); yet, the existing structure is 400.0 square metres (4,305.7 square feet), with a height of 5.0 metres (16.4 feet). Exception 349 would also recognize the increase in lot coverage for all existing detached accessory buildings on the severed lands. The Zoning By-law permits a maximum lot coverage of 5%; whereas the existing accessory buildings would have a lot coverage of 7.8% on the newly configured lot. The shipping container was not included in the lot coverage calculation as the owner intends to move it to their other lot. Therefore, should the applications be approved, Planning Staff recommend that as a condition of consent, the owner remove the shipping container from the severed lands to comply with the Zoning By-law Amendment. Planning Staff recommends approval of Zoning By-law Amendment 2023-ZBA-12 and that Council enact the draft Zoning By-law attached as Schedule 8 to this Staff report. 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 November 1, 2023 Report No. DS2023-090 Page 11 of 25 Page 148 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan, 1997 • Township of Oro-Medonte Official Plan, adopted 2022 • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Goals In 2021, Council adopted the Township's Corporate Strategic Plan 2021-2023. The applications are consistent with the following Goal of the Plan: Foster Safe and Inclusive Community Living & Business Growth: Guide growth while protecting the environment, support community events, facilitate utility and infrastructure plans. Consultations Notice of the applications was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (196.9 feet) radius of the lands for the Consent application and within a 120-metre (400 feet) radius of the lands for the Zoning By-law Amendment application. Notice signs were posted on the property. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects: Operations will require a 15m x 15m daylight triangle at the NW corner of the property. • Township Building Division: Since these silos are of concrete/steel construction, the owner may proceed with the revised site plan. • Enbridge: Does not object. • County of Simcoe: See Schedule 9 Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Consent Sketch (Revised) Schedule 4: Detailed Site Plan of the Lands to be Severed (Revised) Schedule 5: Township Adopted Official Plan (2022) — Land Use Schedule 6: Proposed Zoning Schedule 7: Farm Parcels Held by the Owner/Farm Operation Schedule 8: Draft By-law Schedule 9: County of Simcoe comments dated September 6, 2023. Conclusion Development Services November 1, 2023 Report No. DS2023-090 Page 12 of 25 Page 149 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-12 be approved, specifically to rezone the lands to the Agricultural/Rural Exception 348 (A/RU*348) Zone and Agricultural/Rural Exception 349 (A/RU*349) Zone, and that Consent Application 2023-B-11 be approved, specifically to permit the creation of a new lot on the lands municipally known as 137 Line 9 South, as the applications conform to and are consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, October 25, 2023. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 26, 2023 George Vadeboncoeur, Interim Director, Development Services October 27, 2023 Development Services November 1, 2023 Report No. DS2023-090 Page 13 of 25 Page 150 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 1: Location Map I z J • ..:w. 88 80 73 175 72 11 - 50 _~ 74 f -� 10r Ross=Rd, f —Sctfo-iHous_Rd. 444 � 51 128 136 138 J /I- 148 -= 160 �r 250 265 �I 1012 1 V 1086'. 303 -� Location 0 Subject Lards Township of Proud Heritage,Exciting Futun 0 loom File Number:2023-13-11&2023-ZBA-12 N I i l Development Services November 1, 2023 Report No. DS2023-090 Page 14 of 25 Page 151 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 2: Aerial Photo a � RR• a,> 00 1` '�'`" h r 74 10 School House Rd.A 1. "' r _ , `136 - 138'a Cn o c 137 J 160 234 265 Aerial ma\ Q Subject Lands 0i "f _ o�2tc Proud Heritage,Exciting Futurr 0 100 M File Number:2023-B-11&2023-ZBA-12 N Development Services November 1, 2023 Report No. DS2023-090 Page 15 of 25 Page 152 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 3: Consent Sketch (Revised) Lands to he retained. ! FLandse severed. Existing agricultural 76AI building to be demolished. Silos to remain. E. t,r: i'tN 585dg - 1 2i •.pro�c uxccamo.co ,u9'n Touof Consent Sketch Proud Heritage,Exciting Futurr File Number 2023-B-11&2023-ZBA-12 Development Services November 1, 2023 Report No. DS2023-090 Page 16 of 25 Page 153 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 4: Detailed Site Plan of the Lands to be Severed (Revised) 105M 32.68 �_ 11M 1R SM Residential M a`° X tS.SM SOM 7 k starry 1q7r, sea k House 28M v Q 0. 13 7S� nc T,A,4K 3M Silo Silos 3 8.5 9.14M X 8M MA ?3M 66.61 5 rR 7(oj e 79 M N I Touof Detailed Site Plan ' of the Lands to be Severed proud Heritage,Exciting Future File Number 2023-B-11&2023-ZBA-12 Development Services November 1, 2023 Report No. DS2023-090 Page 17 of 25 Page 154 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 5: Township Adopted Official Plan (2022) — Land Use I - - u, I n� r �aa, - — - — z 1= I —J •dr..a L� 11 r Ross_Rd. School'Flouse_Rd. �i m c J �I Township Adopted Official Plan - Land Use Agdcuttuml = �� /&Subject Lands Employment Area Greenlands h,unuhip f Non-Decision Lands Proposed Non-Declsion Lands(Proposed Employmen-Lands) Proud Heritage,Exciting Funny 0 300 M File Number:2023-B-11&2023-ZBA-12 ti I I I Development Services November 1, 2023 Report No. DS2023-090 Page 18 of 25 Page 155 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 6: Proposed Zoning r C iJ ems.xn w. Sch-o_oI House-Rd. IN c 'J If Proposed Zoning ® Lands Rezoned From the Agricultural/Rural (A/RU)Zone ToumsbtyQf to the Agricultural/Rural Exception 348 (A/RU 348)Zone ® Lands Rezoned From the Agricultural/Rural (A/RU)Zone Proud Heritage,Exciting Future to the Agricultural/Rural Exception 349 (A/RU*349)Zone 0 225 Meters File Number:2023-13-11 and 2023-ZBA-12 N I i i i I Development Services November 1, 2023 Report No. DS2023-090 Page 19 of 25 Page 156 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 7: Farm Parcels Held by the Owner/Farm Operation 15116-Srd7E. -_- Eagle-Way Ct. Iz I Z J O Z Z i e0 Ross-Rd. School'Houe. to N c ul ^y c V> J I �'l J I d r � m ook Cres. vi J jai m MY/A J 20i� Shewchenko Rd.N � s 1 Robinson St. ai Franko�St. a a• E Sokil6� -0 Lake F� ��ey40. Simcoc 5' Farm Parcels Held by the Owners/Farm Operation rrrr,tr,iriE, ,r Prond Heritnge,Exritirrg Fnnnr 0 Subject Lands Other Owned Parcels I o 1.5 krr File Number:2023-B-11&2023-ZBA-12 / I i�i�i Development Services November 1, 2023 Report No. DS2023-090 Page 20 of 25 Page 157 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 8: Draft By-law The Corp-oration of the Township of Oro-Medonte 13y-Law No_20234 83 A By-law to amend the zoning prorrisions which apply to lands at 137 Li ne 9 South_iCancessian 10 VVest Part Lot 21 (Oro), Township of Oro-Medonte 2023-2EA42 (2374357 Ontario Inc_) Whereas the Oauncil of`he C,:lrporation of the Township of Ore-Meaonte is empowered to pass BV-lays to regulate.he use-of land pursuant to Section 34 of the Planning AcA, R.S.C. 990.c.P.13. And 'whereas Co ncil deems it appropriate to rezone the subject lands. NrFw Therefore the Council of the Township of Oro-Medonte hereby enacts as follcu.L3: 1. S shed ule 'A 10 tc Zoning By-lsw 97-95, as amended,is hereby further am ended by chanp np the zone sy-tool aoplying to the lends localed i7 Concession 10 t Part LDt 21.Geographic:Tc-r rs-ip of Oro,Township of ora-Medonte, County of Simcce, frcr•- the Agri-:1.Ura ^Rural 'A-'R`J)Zoneta the,rgriculturaMurel Exception 348 r:s R U'348I-Zane and Agricukursl:Rural Exception 34g(AdRLr34!9)Zone, as shown on Schedule"A° attached and formirg part of this P3yr-law. 2. Section?-Ex epticr of Zoning Sy-lair.°9 t-98,as ar-ended. is hereby further arrrenced by addirg the following sub_=actcns 7.348 1348 Concession 10 West Part Lot 21 (Orr}. Township of Oro- Me-dante(2374357 Ontario Inc_ Notwithstending'Tat e A4-r`.aricultura'-Rural Zone Permitted Users'. a mbgL-debcheddi,Ang is not permitted an the lands c=_nohed by the symbol '348 on the schedule to This By-law; and, Notwithstanding"Table B4(C)-PrcMsions for BwTd rigs', the minimum se`back from the inie6 r side kdf fr a to the existing silos is 3.0 metres (!?.9 feet)on the lends denoted by the symbol`348 on the schedule to this By- law.' 7.3401349 Concession ID West Part Lot 21 (OrDj. Township of Oro- Me-dante(2374357 Ontaria Inc.) Notviithstarding"Seolion 5.1.4-Ma :ir•-um P-eig ,"anc 'Secticr 8.-.3- MaA-.um F.rco.rArea', a data d ax^ e.0 y bL�,70�ng c1 ti-e lards on the cat-2 of.he aassirg of this e_,r-aw witn a mgximL.- hpighi of 5 C metres i 10.4 feet}and a ma>d-.-jm fhoaran=a of 4C-0.3 square metres i4,3Ch.:r=cusne feet) is pc-•mitted. anc any new or replsoement anc'sbuctures shall lmpl-� with Se.-tion 5.1 o-the tar.ng 2-y-3w. Nctuiithstar•dirg"Seviion 5.1.5-MaAmvm io,Cc•.'e,age',all exist ng oefac+red acceasory buffMgs an the lands on:he dxe of the passing of this By-lswwith 9 maximLm Actc?weFage of 7.8%are permitted." 3. c creo ule `A'attached ic•By-law No.2023-083 is dedare,d to form a perl of this By- law. 4. This By-law shall corne into effect upon the dale of passage hereof.subject to the previsions of the Planning Act, as amended. By-Law read a First, Second and Third Time_and Passed this 1" Day of November,2023. The Corporation of the Township Of oro-Medante Development Services November 1, 2023 Report No. DS2023-090 Page 21 of 25 Page 158 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Ceput- Clerk_Janette Tester Development Services November 1, 2023 Report No. DS2023-090 Page 22 of 25 Page 159 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Shed. e ' I -- r1c 232 3-F 33 The Curpora,zicr of tr-e Township -of Ora-Medante J e I1uvI.Y4uur�-L Rd. F uY " a — Lands Rezoned From the AgracuMuMPRural (NRU) done to the Aorkultu ro IIR UFAI E 51.1;Cf+tiOn 30 I NR U`M+ &irre Lands Rezoned From the Agr culauraURural (jVRU)Ziane to the Agricultu ra I R uraM E xceplian 340(XR,U`340� Zone This is Schedule-A'to I&y-Lsw 2023-CO3 pessec`he 1"day of November, 2023. Tlhe corporation of the Town:Ebip of Oro-Medc to Mayor, Ready Greenlaw Deputy clerk, Janette Teet-2r (Application 2023-ZBA-12) Development Services November 1, 2023 Report No. DS2023-090 Page 23 of 25 Page 160 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... Schedule 9: County of Simcoe comments dated September 6, 2023. Cnunty of SrFUWD Main Lino(7 )7M-9MO S . .;, ,;, _ Planning f]epartme n t Tall Free(866)893.9300 IMCO 1110 Highway 26- Fax(705)727.4276 Whurst, Ontario L9X 1PgF simcoe.ca - a September 6, 2023 Dear Mr.Andy Karaiskakis VIA EMAIL Manager, Planning SeNces Township of Oro-Medonte 148 Line 7 South Oro-Medonte. Ontario LQL 2ED RE: Circulation 137 Line 9 South, Consent Application 2C23-B-11 County File No. OM-B-23012 Township File No.2023-B-11 Applicant: Lindsay Fairty Subject Lands: 137 Line 9 South.Township of Ciro-Medonte Thank you for circulating the County of Sinmcoe regarding the above-noted application. County Planning staff understand that the applicant is proposing the creation of one(1)new residential lot from the subject lands-The newly created lot will be approximately 0-6 hectares(1.6 acres)and would have 76m frontage along Line 9 South- The lot area of the retained lands will be approximately 33-4 ha (82-5 acres)- It is understood that the;purpose of the proposed lot severance is to serer the existing detached dvrelling from the balance of the farmland.as it has been rendered surplus to the farming operation as a result of farm consolidation. It is further understood that the applicant is also requesting in easement on the severed portion to ensure access to an existing hydrant serving the agricultural use on the retained lands. Simultaneously, an easement can the retained lands to accommodate the existing well that serves the dwelling on the severed lands. Upon revie-w of the application, County Planning staff would like to offer the folloving comments. Provincial Policy Statement(2020) Section 2.3-4-1(c) .of ftre,Provincial Policy Statement(PPS 2020) explains that severance of a residence surplus to a fa ong operation as a result of a farm consolidation, on which a habitable residence was an existing use may be permitted provided that the following criteria are met: i- The severance will be limited to the minimum size needed to accommodate the use and appropriate sewage and water services; and ii- The planning authoaty ensures that a residential dwelling is not permitted in perpetuity can the retained lot of farmland created by this severance- Approaches to ensuring no new residential dwellings on the retained lot of farmland may be recommended by the Province, or municipal approaches that achieve the same objective should be considered. - Section2-3-4.3 Provincial Policy Statement(PPS 2020)further states that'Me creation of new residential lots in prime agricultural areas shall not be permitted. except in accordance with policy 2.3-4-I(c) [farm consolidation]." Page 1 of 2 Development Services November 1, 2023 Report No. DS2023-090 Page 24 of 25 Page 161 of 162 Ta) DS2023-090, Catherine McCarroll, Senior Planner, re: Consent Applic... County of Simcoe Official (Plan The subject lands are designated"Agricultural"on Schedule 5.1 Land Use Designations to the County of Simcoe official Plan and are mapped"Prime agracultur-at areas"in the Agricultural land Luse map by OMAFRA_ Further, a small portion of the properly on the south-westem comer is regulated by the Lake imoDe Region Conservation Authority (LSRCA). L RCA comments may provide direction on the propped development in relation to environmental constraints on the subject lands. As per section a6-2 of the County Official Plan, the objective of the Agricultural designation is to enable the agricultural industry to function effectivel} in prime agricufturet areas by accommodating uses and facilities which support the agricultural economy- County Planning staff understand that the application represents a consent to sever lands for a surplus dwelling as a result of a farm consolidation- Section a6-7 of the County official Plan explains that lot creation for a residence surplus to a fa wing operation as a result of farm consolidation may be pemlitted provided that the following criteria are met: i- the new lot will be limited to a minimum size needed to accommodate the residential use and appropriate sewage and water services, and should be an approximate size of I hectare; and ii- new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. Residence stcous fo a farming operation is a defined term in SLOP and PPS and means 'an existing farm residence that is rendered surplus as a result of farm consolidation (farm consolidation means the acquisition of additional farm parcels to be operated as one farm operation)-; Before considering a decision on this application, the Township should be satisfied that the farm consolidation involves the acquisition of additional farm parcels to be operated as one farm operation. County Planning staff do not object to the proposed consent application in principle however, we require that as a condition of consent,the Committee require the applicant rezone the retained lands to prohibit a residential dwelling in ord er to conform to SLOP Section a 6-7 and PPS - .4-i(c) Surnmare Please circulate a copy of any future notices associated with this application to the attention of the County of Simcoe Planning Department via planning.noticescpsimcoe.ca- If you have any questions or require further information, please do not hesitate to contact the undersigned at 705-72&-9300 Ext.l 157 or ishan.macggg s?m .ca Sincerely- The Corporation of the County of Simcoe Ishan Maggo, MCIP. UP.AITP Planner tfi cc: Cyan Amadio.- lwlanager of Planning—County of Simcoe Page 2 of 2 Development Services November 1, 2023 Report No. DS2023-090 Page 25 of 25 Page 162 of 162