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03 06 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting Township of Proud Heritage,Exciting Future Wednesday, March 6, 2024 5:30 p.m. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Page 1 of 153 M6tis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 4 - 13 a) Minutes of Development Services Committee meeting held on Wednesday, February 7, 2024. 02 07 2024 Development Services Committee Minutes 5. Public Meetings: None. 6. Public Hearings: 14 - 27 a) 5:30 p.m. DS2024-031, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-02, Craighurst Limited Partnership, 1932 Horseshoe Valley Road. DS2024-031 6a Presentation 28 - 41 b) 5:40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-03, Clifford Deumer and Kim Shettell, 6 Cumberland Court. DS2024-034 6b Presentation 42 - 58 c) 5:50 p.m. DS2024-028, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-09, Heritage Estates Events Inc., 421 Penetanguishene Road. DS2024-028 6c Presentation 59 - 76 d) 6:00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-08, Jan Daly, 906 Moonstone Page 2 of 153 Road West. DS2024-032 6d Presentation 77 - 92 e) 6:10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-06, Robert Drury, 661 Penetanguishene Road. DS2024-030 6e Presentation 93 - 115 f) 6:20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro). DS2024-029 6f Presentation 7. Reports of Municipal Officers: 116 - 129 a) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2022-ZBA-15, Lisa Van Muyen, 1211 Line 3 South [Refer to Item 5a) 03 06 2024 Council Agenda]. DS2024-005 130 - 143 b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East. DS2024-033 144 - 153 c) DS2024-035: George Vadeboncoeur, Manager, Planning Special Projects re: Information Report on the Status of the Eagles Rest Estates Plan of Subdivision, Application No. 2013-SUB-01. DS2024-035 8. Next Meeting Date: Wednesday, April 3, 2024. 9. Adjournment: a) Motion to Adjourn. Page 3 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte �~ Development Services Committee Minutes (W Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, February 7, 2024 5:31 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor Richard Schell Councillor Robert Young Regrets: Councillor David Clark Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Planner, Catherine McCarroll, Senior Planner, Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Ryan Hill, IT Help Desk 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. Page 1 of 10 Page 4 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. 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. Motion No. DSC240207-1 _ Moved by Schell, Seconded by Greenlaw It is recommended that the agenda for the Development Services Committee meeting of Wednesday, February 7, 2024 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, January 17, 2024. Motion No. DSC240207-2 Moved by Hutcheson, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, January 17, 2024 be received and approved as printed and circulated. Carried. Page 2 of 10 Page 5 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 13, Part Lots 14 and 15 (Oro), municipally known as 625 Line 12 North, 2023-ZBA-17 (Moore). 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 Trevor Moore. The following correspondence was received: Enbridge Gas dated January 11 , 2024; Township of Oro-Medonte, Building Division dated January 16, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Lauren Arsenault, agent 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 meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 10 Page 6 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. 6. Public Hearings: a) DS2024-015, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-57, Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro). Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Brian Beatty and Paula Beech. The following correspondence was received: Township of Oro-Medonte, Environmental Services dated January 26, 2024; Township of Oro-Medonte, Operations dated January 29, 2024; Township of Oro-Medonte, Building Division dated January 31, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Brian Beatty, 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. DSC240207-3 Moved by Greenlaw, Seconded by Bard It is recommended 1. That DS2024-015, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-57, Paula Beech & Brian Beatty, Concession 4 Part Lot 1 Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro) be received and adopted. 2. That Minor Variance Application 2023-A-57 by Paula Beech & Brian Beatty, specifically to: permit a retained lot with a minimum lot area of 1.4 hectares (3.5 acres) and a minimum lot frontage of 10.8 metres (35.4 feet); permit the lands conditionally severed through Consent Application 2022-B-13 with a minimum lot area of 0.17 hectares (0.4 acres) and a minimum lot frontage of 37.3 metres (122.5 feet); and, permit the lands conditionally severed through Consent Application 2022-B-24 with a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 18.1 metres (59.7 feet), on lands legally described as Concession 4, Part Lot 1 and Concession 5, Part Lot 1 Part Road Allowance Reference Plan 51 R37085 Part 4 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-015. 3. That the applicants be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. Page 4 of 10 Page 7 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. b) DS2024-020, George Vadeboncoeur, Planner re: Consent Application 2023-B-23, Ashlynne Dale, 2431 Line 4 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Ashlynne Dale. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated January 22, 2024; Township of Oro-Medonte, Operations Division dated January 22, 2024; Nottawasaga Valley Conservation Authority dated January 24, 2024; Severn Sound Environmental Association dated January 29, 2024; Township of Oro-Medonte, Building Division dated January 31 , 2024; County of Simcoe, Planning Department dated February 6, 2024. George Vadeboncoeur, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240207-4 Moved by Bard, Seconded by Hutcheson It is recommended 1 . That DS2024-020, George Vadeboncoeur, Planner re: Consent Application 2023-13- 23, Ashlynne Dale, 2431 Line 4 North be received and adopted. 2. That Consent Application 2023-B-23 by Ashlynne Dale, to permit a boundary adjustment having a lot frontage of approximately 62.4 metres (204.6 feet), an irregular lot depth and an area of approximately 2.0 hectares (4.9 acres) to be added to the property described as West Half of Lot 7, Concession 5, Part 1 , on 51 R-44120, (Oro) known municipally as 2387 Line 4 North, be approved subject to the conditions as outlined in DS2024-020. 3. 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 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. c) DS2024-021, George Vadeboncoeur, Planner re: Consent Application 2023-B-22, Lynne Melnyk, 1305 Scarlett line. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Lynne Melnyk. The following correspondence was received: Nottawasaga Valley Conservation Authority dated January 23, 2024; Township of Oro-Medonte, Operations Division dated January 25, 2024; Enbridge Gas dated January 30, 2024; Township of Oro-Medonte, Building Division dated January 31 , 2024; County of Simcoe, Planning Department dated February 2, 2024. George Vadeboncoeur, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Sandy Agnew, agent on behalf of applicant, was present. Lynne Melnyk, 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. DSC240207-5 Moved by Schell, Seconded by Bard It is recommended 1 . That DS2024-021 , George Vadeboncoeur, Planner re: Consent Application 2023-13- 22, Lynne Melnyk, 1305 Scarlett line be received and adopted. 2. That Development Services Committee grant provisional consent to Consent Application 2023-B-22 by Lynne Melnyk, pertaining to lands located at the West Half of Lot 71 , Concession 2 (Medonte), known municipally as 1305 Scarlett Line, to sever 39.282 hectares (97.06 acres) of land with a lot frontage of approximately 69.9 metres (229.5 feet) and irregular depth, subject to the conditions as outlined in DS2024-021. 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 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. d) DS2024-018, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-01 by Bryan Lambert & Dan Lambert, 839 Ridge Road West. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Bryan Lambert. The following correspondence was received: Township of Oro-Medonte, Operations Division dated January 22, 2024; Township of Oro-Medonte, Manager, Development Engineering dated January 22, 2024; County of Simcoe, Planning Department dated January 30, 2024; Township of Oro-Medonte, Building Division dated January 31 , 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Wayne Lambert, 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. DSC240207-6 Moved by Hutcheson, Seconded by Greenlaw It is recommended 1 . That DS2024-018, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-01 by Bryan Lambert & Dan Lambert, 839 Ridge Road West be received and adopted. 2. That Consent Application 2024-B-01 by Bryan Lambert & Dan Lambert, pertaining to lands located at 839 Ridge Road West, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Simcoe County and Township Planning comments. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 10 Page 10 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. e) DS2024-016, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-01, Susan Creighton & Jeffrey Moulton, 360 Ingram Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jeffrey Moulton and Susan Creighton. The following correspondence was received: Township of Oro-Medonte, Operations Division dated January 25, 2024; Township of Oro-Medonte, Building Division dated January 31, 2024; Nottawasaga Valley Conservation Authority dated February 1, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jeff Moulton, applicant, was present. Daena Moulton provided comments with respect to the revised drawings, landscape comments, and the importance of having generations of family in the area. 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. DSC240207-7 Moved by Young, Seconded by Schell It is recommended 1. That DS2024-016, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-01, Susan Creighton & Jeffrey Moulton, 360 Ingram Road be received and adopted. 2. That Minor Variance Application 2024-A-01 by Susan Creighton & Jeffrey Moulton specifically for permission to build a detached accessory building with an increased height of 8.4 metres (27.6 feet), increased floor area of 258.6 square metres (2,784.0 square feet) and containing an apartment dwelling unit with an increased floor area for the garage and living space of 258.6 square metres (2,784.0 square feet), on lands municipally known as 360 Ingram Road, Township of Oro-Medonte, be deferred to provide the applicants with the opportunity to: 1) address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans; and, 2) provide Planning Staff with the required information to complete the Minimum Distance Separation calculation from the neighbouring livestock facility. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 10 Page 11 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. 7. Reports of Municipal Officers: a) DS2024-019: Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-18 and Zoning By-law Amendment Application 2023-ZBA-16, Peter Langman, 945 Line 12 North [Refer to Item 5a) 02 07 2024 Council Agenda]. Motion No. DSC240207-8 Moved by Greenlaw, Seconded by Hutcheson It is recommended 1 . That DS2024-019, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-18 and Zoning By-law Amendment Application 2023-ZBA-16, Peter Langman, 945 Line 12 North be received and adopted. 2. That Zoning By-law Amendment Application 2023-ZBA-16 by Peter Langman, specifically to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 354 (A/RU*354) Zone to prohibit residential uses and to recognize the reduced interior side yard setback of 2.0 metres (6.5 feet) for the existing accessory agricultural building, and to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone, on the lands municipally known as 945 Line 12 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. That Consent Application 2023-B-18 by Peter Langman to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation having a lot frontage of approximately 67.0 metres (219.8 feet), a lot depth of approximately 170.0 metres (557.7 feet) and an area of approximately 1 .2 hectares (3.0 acres), be approved, subject to the conditions as outlined in DS2024-019. 5. That the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Carried. b) DS2024-007: Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-21 , Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road. Motion No. DSC240207-9 Moved by Greenlaw, Seconded by Schell It is recommended that Consent Application 2023-B-21 , Dawn Chapman, 6414 Line 3 North & 5253 Vasey Road be deferred to await the release of the new Provincial Policy Statement. Carried. Page 9 of 10 Page 12 of 153 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, February 7, 2024. 8. Next Meeting Date: Wednesday, March 6, 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC240207-10 Moved by Young, Seconded by Schell It is recommended that we do now adjourn at 7:21 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 10 of 10 Page 13 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... 4� Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: March 6, 2024 Report No.: DS2024-031 Subject: Minor Variance Application 2024-A-02, Craighurst Limited Partnership, 1932 Horseshoe Valley Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-031 be received and adopted. 2. That Minor Variance Application 2024-A-02 submitted by Craighurst Limited Partnership, specifically for relief to the minimum front yard setback (7.5 m (24.6 ft) to 5.0 m (16 ft)), the minimum interior side yard setback (7.5 m (24.6 ft) to 3.4 m (11.1 ft)) and the minimum rear yard setback (7.5 m (26.6 ft) to 4.0 m (13.4 ft)) to allow for a water service building to be constructed on a property municipally known as 1932 Horseshoe Valley Road, Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-031. 3. The conditions are as follows: a) That notwithstanding Table B5 of the Zoning By-law, the proposed water service building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the setbacks from the various property lines shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketch submitted and approved by the Committee; c) 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. Development Services March 6, 2024 Report No. DS2024-031 Page 1 of 8 Page 14 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... 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 0.193 hectares (0.48 acres) and is currently vacant. The parcel of land is part of a future plan of subdivision being developed by Craighurst Limited Partnership in the Craighurst Settlement Area. It is identified as Block 23 on the draft plan of subdivision. 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 construct a 16.4 Oe,11eYaew. m x 32.9 m (53.8 ft x 107.9 ft) (539.56 m2 or 5,807.8 sq. ft.)water service utility building on an irregular shaped lot to service the subdivision. The subject parcel will also contain a well. Aerial The applicants are seeking relief to the following sections of Zoning By-law 97-95: Table B5 — Standards for Open Space Zone Required: Proposed: Minimum Front Yard setback 7.5 m 24.6 ft 5.0 m setback 16 ft. Minimum Interior Side Yard setback 3.4 m setback (11.1 ft) 7.5 m 24.6 ft Minimum Rear Yard setback 7.5 m 4.0 m setback (13.4 ft) 26.6 ft The applicants' sketch is attached as Schedule 3 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) Development Services March 6, 2024 Report No. DS2024-031 Page 2 of 8 Page 15 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... 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 subject lands are designated Residential under the Craighurst Settlement Area policies of the Official Plan. The Residential designation applies to lands that are intended to be used for residential purposes with a range of uses and facilities that support residential development. A water service utility building is a use that supports development in the area. It is Staffs' view that the proposed variance conforms to the general intent and purpose of the Official Plan as the application will facilitate the construction of a public use needed to service the proposed subdivision. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Open Space (OS) in the Township's Zoning By-law 97-95. Infrastructure is a permitted use within this zone. The proposed water service utility building is a piece of infrastructure that the developer is building which will eventually be transferred to the municipality to operate as part of the municipal water system to service the next phase of development in Craighurst. The subject site is irregular in shape, which requires the owner to apply for three variances to the setbacks from property lines required under the Zoning By-law. Specifically, the owner has applied for relief to the following setback provisions: • minimum front yard setback [7.5 m (24.6 ft) to 5.0 m (16 ft)], • minimum interior side yard setback [7.5 m (24.6 ft) to 3.4 m (11.1 ft)] • minimum rear yard yet back [7.5 m (26.6 ft) to 4.0 m (13.4 ft)] The intent of setbacks is to ensure that there is adequate separation between structures on adjoining properties, separation from the road allowance to permit parking and snow storage and there is sufficient area for landscaping. Based on Staffs' review of the proposed minor variances in the context of the irregular shaped lot, staff is of the view that the proposed setbacks conform to the general purpose and intent of the Zoning By- law as issues related to parking, snow storage and provision of landscaping are not anticipated because of the proposed setbacks. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the proposed adjacent residential lot and Horseshoe Valley Road on the other side of the property and is of the view that the building will be appropriately situated on the lot and will act as a buffer between well-travelled Horseshoe Valley Road and the residential properties in the new subdivision. The owner has undertaken to place the building on the lot in a manner that will be consistent with the residential lots on that side of the street. There is more than adequate green space on the lot facing the streets to soften the look of the building. Development Services March 6, 2024 Report No. DS2024-031 Page 3 of 8 Page 16 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... 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 variance relates to its scale and impact. In Planning Staff's opinion, the requested minor variances to the setbacks to the front, interior side and rear property lines are minor in nature and its use is not anticipated to have any adverse impacts on the neighbouring residential property. 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 Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— No comments at this time. • Severn Sound Environmental Association Development Services March 6, 2024 Report No. DS2024-031 Page 4 of 8 Page 17 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... o It is noted the property will be located within the updated Craighurst Wellhead Protection Area once approved by the Minister of the Environment Conservation and Parks, and possibly subject to South Georgian Bay Lake Simcoe Source Protection Plan policies. o Clarification as to what will be stored in and the intended use of the utility building would be appreciated to better screen for potential future policy implications. Nottawasaga Valley Conservation Authority— No concerns. Permits will be required. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Sketch Conclusion Planning Staff recommends that Minor Variance Application 2024-A-02 be approved, specifically for relief to the minimum front yard setback [7.5 m (24.6 ft) to 5.0 m (16 ft)], the minimum interior side yard setback [7.5 m (24.6 ft) to 3.4 m (11.1 ft)] and the minimum rear yard yet back [7.5 m (26.6 ft) to 4.0 m (13.4 ft)] required under the Zoning By-law to allow a water service building to be constructed on a property municipally known as 1932 Horseshoe Valley Road, Oro-Medonte, 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: George Vadeboncoeur, RPP, Manager, Planning Special Projects, February 27, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services, February 28, 2024 Brent Spagnol, RPP, Director, Development Services February 28, 2024 Development Services March 6, 2024 Report No. DS2024-031 Page 5 of 8 Page 18 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Location Map NonuFx VN RE,E. w-aFw Valky Rd.W. 3478 L 3479 J N � � I 3471 3466 3469 C d 3458 a 1922 1898 3442 3465 3434 3435 3424 3431 3416 3429 3419 2 2054 3406 2066 Horseshoe valley Rd.W. _ 2049 3392 3239 3386 3225 1983 3378 2019 3370 3209 3362 3191 3350 3185 3175 3145 L Location ® Subject Lands TinvnsI- f & Prond Heritage,Exciting Fnnur 0 loom File Number-2024-A-02 N l I I I Development Services March 6, 2024 Report No. DS2024-031 Page 6 of 8 Page 19 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Aerial Photograph i � �f f l Horseshoe valley Rcl.I.E.ff F4 Aerial ` - Q Subject Lands Proud Heritage,Exciting Fulm, 0 100 m File Number:2024-A-02 N I t 1 Development Services March 6, 2024 Report No. DS2024-031 Page 7 of 8 Page 20 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Site Plan Sketch 8 SIDENTIAL M, c,0 .r 26.3 218 131ock 23 Well Block QU 0.193ha (0.48ac) V i Development Services March 6, 2024 Report No. DS2024-031 Page 8 of 8 Page 21 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... i a a o x' o 3 'y E: c m J N O N 1 lit N U) N � c— p t _ C: � - •pa auausmBue;auad O M n ��TTIL U - Q •E -0 J � o U j a CU 0) a) _:3 c'O > 'M p O U CD a) (D c � o � a)_ 0 E a� CIO > ca C/5 . . O a �, C • • .° a) O O J N O U U Page 22 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... no r ■ 0,10 g q { w t� �d rye ss� a �� � f• en sd°� 1 !E �4 N to — C: L CL (� (D to 0- m O L Cl) o s 4-j Q C6 n cn � J U }' Co co •�V C Q N N / O cn a) Q c E E tr N IL �, ti U cu oU � = o > Q 'C— CL X i s U a G o ° � a`n� _u� CO O -0 cZ 4— Lf� U O O } O N C3) vl aJ cn r— — (ll 0 G� N cn m o C LL `n p N 2 E r E J J J O cc — L cn O = E . E .~ E O CD Cll Q N c (D — Ln Page 23 of 153 6.a) 5:30 p.m. D 2024-031 , George Vadebonc oeur, Manager, Planning Specia... w 04 0 0 �11 Cv O L — ' -� 0 N � o O 0 U) cv ' v O 4—j •,� f, q _ O J C i Ca -L4 ;r > �Ca O U 9 00 Y T _ A Page 24 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... 04 W '}^� VJ o a �a () N N Cll c cn O C� I1 C6 :3 U o cn Q o J � � cn CIO En Ca _ > C� o U 0 " o U (D t6 4 U) � O O O O ti O N by L L ^^O O I..L Page 25 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... f `s w l 0 F:aaf ►- , f s x 0 ' ! anrvan Mawr for O N L a I 0 L — 0CU (� U � g a'�S��AEj�i�9E cn cn Cz Ca � Iw 0 U o r Page 26 of 153 6.a) 5.30 p.m. DS2024-031 , George Vadeboncoeur, Manager, Planning Specia... Ilk W `s tu a >1 - W E LL y a to O O }. U/ If L M cn L a -a 9 _cz � N a� � a) c U O }' a) 0 1 .L E }' U a) CL L (6CZcn lit a) a) N Q cn N � �O � � � C Qom c� � > O O Q Q n a) -_-j n � -0c� m w 0 U _0 o `n 'Q cn cn m O }' E . L C coW �� O J 'c2a) — � � m CU 4-1(-1 NM0 � ' � o a) 2c� � 0- cn U (n a) L a) O O > 0 O a) cn c cn _ E � N _ O � cn ca C:_ `�: N +r a) 5 cn cn T _ L ^, c � E m E r C a_ Q) a) U) p p U cn — CD U L M c M = O U O U O m `� M � Page 27 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... 4� Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: March 6, 2024 Report No.: DS2024-034 Subject: Minor Variance Application 2024-A-03, Clifford Deumer and Kim Shettell, 6 Cumberland Court Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-034 be received and adopted. 2. That Minor Variance Application 2024-A-03 submitted by Clifford Deumer and Kim Shettell, specifically for permission to build a 77.3 sq.m (832.0 sq.ft) addition to an existing detached accessory building (garage) resulting in a floor area of 158.6 sq.m (1,707 sq.ft) on property municipally known as 6 Cumberland Court, be approved subject to the conditions as outlined in Report DS2024-034. 3. The conditions are as follows: a) That notwithstanding Section 7.75 of the Zoning By-law, the proposed addition to the existing garage shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition to the existing structure be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee; c) That the proposed addition to the existing detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; Development Services March 6, 2024 Report No. DS2024-034 Page 1 of 8 Page 28 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the addition to the detached accessory building is located no closer than 2.0 metres (6.56 feet) from the interior side property line; e) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has an area of 0.33 hectares (0.81 acres) and contains a single family home and detached garage. The property is irregular in shape and fronts on Cumberland Court. 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 construct a 77.3 sq.m. (832 sq. ft.) addition to an existing 81.3 sq.m. (875 sq. ft) garage. They intend to remove the exterior wall on the existing garage facing the addition to create a garage that is 158.6 sq. m (1,707 sq. ft) in size. The combined size would exceed the requirements of the Zoning By-law by 51.8 sq.m (557.6 sq. ft). They seek relief from the maximum size of detached garage under the R1*75 provisions of Zoning By-law 97-95. Section 7.75 — R1*75 Zoning Provisions for a detached garage Required: Proposed: Maximum first storey floor area for a 158. 6 sq. m (1,707 sq. ft) detached garage 106.8 sq. m 1,150.0 sq. ft The applicants' sketch is attached as Schedule 3 to this report. Analysis 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 Development Services March 6, 2024 Report No. DS2024-034 Page 2 of 8 Page 29 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... 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 subject lands are designated Rural Residential in the Official Plan. The Rural Residential designation applies to lands that are intended to be used for residential purposes. An accessory structure is permitted under this designation. It is Staffs' view that the proposed variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One Exception 75 (R1*75) and (EP*78) Township's Zoning By-law 97-95. An accessory building (detached garage) is a permitted use within the R1*75 Zone. The proposed addition to the existing detached garage is permitted as well; however, the combined size of the building exceeds the maximum size permitted under the Zoning By-law. The combined size exceeds the requirements by 51.8 sq.m (557.6 sq. ft). The intent of establishing a maximum size for accessory buildings is to ensure that they remain subordinate to the residential use on the property. According to MPAC, the size of the dwelling on the property 201.41 square metres (2,168 square feet). The size of the detached garage with the addition will be 158.6 sq. m (1,707 sq. ft) in size. The garage with the addition will be smaller than the existing house. Staff is of the view that the proposed addition to the existing detached garage conforms to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? The lot is irregular in shape and quite large. The proposed addition is to the north side of the existing garage facing the rear property line. Planning Staff considered the proposed application within the context of the adjacent residential lot and the rear property line and is of the view that the addition does not detract from the lot nor the adjacent residential property. Based on the above, Planning Staff is satisfied that the proposed addition to the existing detached garage 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 to the maximum size of a detached accessory building is not anticipated to have any adverse impacts on the neighbouring residential property. Development Services March 6, 2024 Report No. DS2024-034 Page 3 of 8 Page 30 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... 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 Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— Owner/Applicant to be aware that a building permit will be required for the garage addition. • Nottawasaga Valley Conservation Authority— Provided the following comments: o No objection to proposed addition. o NVCA mapping for the property illustrates a wetland interference. Due to this hazard, the subject property is entirely regulated pursuant to Ontario Regulation 172/06 the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. o Permits are required from the NVCA for the proposed development within the regulated feature. A site plan with Erosion and Sediment Control (ESC) measures must be submitted for the permit. Development Services March 6, 2024 Report No. DS2024-034 Page 4 of 8 Page 31 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Sketch Conclusion Planning Staff recommends that Minor Variance Application 2024-A-03, specifically to permit an addition to an existing detached garage that would result in a garage that exceeds the maximum size for a detached garage by 51.8 sq.m (557.6 sq. ft) on property municipally known as 6 Cumberland Court, be approved subject to the conditions as outlined in Report DS2024-034 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: George Vadeboncoeur, RPP, Manager, Planning Special Projects, February 27, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services, February 28, 2024 Development Services March 6, 2024 Report No. DS2024-034 Page 5 of 8 Page 32 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Location Map 1 1596 638 Horseshoe Valley Rd.E. NwusAw Vepa Nd waeslwe talky Re.W. • t OM!---ILL an -iZ 643 d C J 3288 I 820 o�6 4 2 38 36 34 32 30 28 26 24 22 18 16 14 12 10 8 6 4 2 dell b4r9Cf Georgian ,ande-Dr. 5 31 29 27 25 15 11 9 7 5 311 2 1 16 14 12 4 �^ 3 5`OG 7 15 10 6 �'fa 9 A 13 8 8 1 11 11 e� 6 . 13 4 6 9 7 an 10mpgr.►andC�, 8 5 Ct. C9 15 10 4 0 3 1 12 3121 r 17 eep� 14 25 6 a 19 23 8 0 16 21 10 20 25 L� Location ® Subject Lands lnivttslrip f Proud Heritage,Exciting Future 0 loom File Number:2024-A-03 N t L� Development Services March 6, 2024 Report No. DS2024-034 Page 6 of 8 Page 33 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Aerial Photograph t Jim i' m• 1 CUmgerland fit. �,, � - 5 o :� •.,j 7i�4. s ti ,x ' Aerial Tou�ttsl:ip IO Subject Lands of�fe / Proud Heritage,Exciting Futurr 0 100 m File Number:2024-A-03 N I Development Services March 6, 2024 Report No. DS2024-034 Page 7 of 8 Page 34 of 153 6.b) 5:40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Site Plan Sketch Proposed Garage Additiprs I GENERAL \OTES ALL SITE INFORMATION DERINEO ROM SIMCOE'DUSTY ds AND SITE A i' MEASUREMENTS. ALL MEA%REI"TS ARE APPROXMATE IN FEET AND INCI4G& LFRFY ALL STE CWMONS BEFORE COMMENC£YENT OF ANY WORK A I 7 COSTING GRADES AT FROFERTY LINES TC REVAIS ZONNC DATA RI.75(RES"IAL) MAXIMUM FIRST FLOOR AREA FOR ACCESSORY BULDM—'150 eq 1: MNWM SIDE YARD SETBACK—2,5M(T-2^, / MN WY REAR YARD—7,5m(24'-0') MN"FRONT YAR D—7,5m(24'—E') MAXIMUM HEIGHT—14 Y MAXIMUM TOT COA£RACE FOR ACCESSORY FQUANCS—Si / CJMBERLAND \ APPROXIMATE EAT AREA—36236 My n COAT PROPOSED AREA OF ACC23TMY BULDI\'D—17G7 Aq f (A.7� Development Services March 6, 2024 Report No. DS2024-034 Page 8 of 8 Page 35 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... � I � VJ j I N 6 au!I m� A---------I. Ji coi----- J�--, N - - O N M O COCIL — ti � c� 0 C) U w � co o -� c� O Q a) a) O � r o � a) as ca . . a) — O O ._ .� O O .� N w O t) Page 36 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... 4-1 n �! 12 EL (n M }. O V � N O (D A--j c E c a) O Q CY U � � C' L C En � O Mi L- LO O o N CY Ln (DCL to .N 1 ~ /O� }a) .O O N N O c� cu o o CO L_ r- N ~ C6 M � � ooX � aE QN o � � N o ZA ca ti — cn O E o 00 Ef L - M N O c « o N N cn (6 r .0 0 N > tl cLo � � 0) O � � �_ 00 x � �--' z r o X LE F- r O � r U C> U N O 6) U -a cn a Page 37 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... � w O U W 4-1 V J � Mw L V Q _ cn co o Q - � o CL N 0 O N .� C O thorouyhhrrd❑i. ct Oct Page 38 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... 04 IZ— („� O O G� L L M r O _ � L O U � v cu_ L L .L 0 - i ,A I °III v+ -0 Page 39 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... `s 04 W 1� A ] i F41 ` y o � L � CL O ►' - O O N - O N O Q Q O O r O 73 Page 40 of 153 6.b) 5.40 p.m. DS2024-034, George Vadeboncoeur, Manager, Planning Specia... a) Ilk M o � � M E E ,� � U) fW o fa 4 j o 4-1 x •X 0s a) c -0 In — a) >1 c L }. o c c = o O o O } L L }� .U) � E () cC ) E � U O (6 4-10 c Q) Q - a) L- a) cam!) O }' c 4>-" � L ca +r ON w cn � � E O_ (6 - � O O a) c O O >+ �' Ca U a) O ' Q tz M > cn oa) o no c c } o cn aE U m O m O a) a) 70 C O � O CM U) L L c O 'U) O O cn O c O O (6 X ' J U- XL ;� va) a) 4- O U) Q) /- a) a) cn �� L 0 L }� r1♦ �V a O � O -C 0a) OQLU � O mO O o 0 0 L 0o c � > c U) O `- � }' ° �3: c ) 0- � oo ML) N cn ao n >, -0 U) M L- � M aci(� caLn) Oo wN ` i E J uj M O Un cn U O ^ o c c cn _ O_ o M CO aL) — OL- cn ' L O_ co mO c Q .- O a) 0 LL UO � c O L a) }O> o6 M � aa)= L E L) ccnn I F- U) N O a) U C's 14 Page 41 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Brent Spagnol, Director, Development Services Meeting Date: March 6, 2024 Report No.: DS2024-028 Subject: Minor Variance Application 2024-A-09, Heritage Estates Events Inc. 421 Penetanguishene Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-028 be received and adopted. 2. That Minor Variance Application 2024-A-09 by Heritage Estates Events Inc. specifically to permit event functions within existing structures and on an existing concrete pad on a temporary basis on lands municipally known as 421 Penetanguishene Road, Township of Oro-Medonte, be approved subject to conditions as outlined in Report DS2024-028. 3. The conditions are as follows: a) That the Owner enter into a Development Agreement with the Township to implement conditions to address the following considerations: i. That minor variance relief be provided from April 1, 2024 to November 30, 2024; ii. That the extent of the approval applies to existing buildings and existing concrete pad utilized for past events generally within the A/RU*264 Zone, subject to compliance with the Ontario Building Code; iii. That all events be limited to 250 guests; iv. That events and uses conducted on the subject property comply with Township Noise By-law 2012-167; Development Services March 6, 2024 Report No. DS2024-028 Page 1 of 10 Page 42 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... v. That a noise mitigation plan be prepared by a Sound Engineer to assist with site layout and mitigation measures related to potential noise impacts. b) That the proposed event functions comply with all other applicable provisions of the Zoning By-law. c) That the proposed event functions be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-09 (Heritage Estates Events Inc.) for a property located at 421 Penetanguishene Road, which is intended to provide temporary relief from the provisions of Comprehensive Zoning By-law 97-95. The subject property consists of a total lot area of approximately 16 hectares (40 acres) acres) and contains a variety of buildings associated with agricultural uses and agri- tourism/value-add operation being the Winery and Events operations. —e,'1� a. 0 Development Services March 6, 2024 Report No. DS2024-028 Page 2 of 10 Page 43 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... There is currently a total of five (5) buildings (single detached dwelling, storage building, two pavilions, temporary tent) located on the property that are being utilized for a range of uses associated with wedding venues and other social gatherings. The surrounding area consists of a variety of different land uses. They are as follows: North- Agricultural properties East- Agricultural properties South-Residential and Agricultural West-Golf Course, Mini-Storage and Residential The subject property was originally approved for a zoning by-law amendment in 2015, which established a site-specific zone to permit a variety of uses including: A/RU * 264 PERMITTED USES Agricultural Uses Winery and Cider Agricultural Process Winery Accessory Uses Hospitality Space (exclusive of Hospitality Maximum combined gross restaurants) floor area of 200 square metres 2,152 square feet Single detached dwelling (inclusive of Temporary Parking in (A/RU) Zone winery, cidery, hospitality space) The zoning amendment resulted in a split zone, which permits events within the (A/RU*264) Zone and normal agricultural uses within the (A/RU) Zone. The extent of the zone boundary for the `Event Uses', was established in accordance with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) "Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas, which encourage on-farm diversified uses under the caveat that such uses should be sized to ensure that the use remains subordinate to the main agricultural use on the property, amongst other criteria that must be met for a use to qualify as on-farm diversified uses. IL It �> M t Development Services March 6, 2024 Report No. DS2024-028 Page 3 of 10 Page 44 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... In this circumstance, the crop lands and associated agricultural buildings represent the primary use of the property as the majority of the parcel remains in a standard (A/RU) Zone (Schedule 1 — Zone Mapping). Proposal The applicant is proposing a minor variance to provide temporary relief to permit events within existing structures and continue to utilize an existing concrete pad to support a temporary tent to host wedding events and other social gatherings. Select existing structures and the concrete pad are located partially outside of the Agricultural/Rural Exception (A/RU-264) Zone. The applicant is proposing to enter into a Development Agreement with the Township as a condition to the minor variance to provide details regarding operational matters associated with the following: - Duration of the Temporary Use - Hours of Operation - Noise Mitigation The variance accompanied with the proposed agreement is intended to clarify event details on-site with respect to following: - Temporary Minor Variance Relief- 7 months - Temporary Events Tent and kitchen area — located on an existing 464.51 square metre (5,000 square foot) concrete pad - Events within existing pavilions - Passive event uses throughout the balance of the property The Planning Justification Report prepared by the applicant's planning consultant Skelton Brumwell and Associates indicates that the proposed minor variance application is an interim measure to clarify the uses on the property and that subsequent applications for a Zoning By-law Amendment and Site Plan Approval are forthcoming. Analysis Ontario Planning Act Section 45 of the Ontario Planning Act provides Council or Committees of Council with statutory provisions that allow for relief from Township Zoning By-laws through minor variance applications. Determination as to whether the proposed relief from the By-law is `minor' depends on the four tests/questions: 1) Is the proposed minor variance in general conformity with the Official Plan? 2) Does the proposed minor variance maintain the general intent of the Zoning By-law? Development Services March 6, 2024 Report No. DS2024-028 Page 4 of 10 Page 45 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... 3) Does the proposed minor variance represent desirable development for the area? 4) Is the application minor in nature based on all relevant planning considerations? Township of Oro-Medonte Official Plan (2024) The Township of Oro-Medonte Official Plan designates the subject property `Agricultural' and `Greenlands'. The `Agricultural' designation in the Township Official Plan generally permits agricultural uses, on-farm diversified uses (Value added products-winery/cidery) and agri-tourism events that are limited in size/area to conserve/protect valuable farmland. The `Greenlands' designation allows for the continuance of existing uses within agricultural areas provided they do not have a negative impact on the function of the 'Green lands' system. ' The proposed minor variance is considered to generally conform to the applicable designations as it would allow for a temporary minor expansion of the existing agri- tourism uses that are Agricultural ::long currently permitted under the ■EmPloyment Area A/RU*264 Zone without Greenlands Hlghway Commercial encroachment into the Mineral Aggregate ResourcesRecreational `Greenlands' designation or Rural -- removing agricultural land Rural Residential �RuralSettlements from production. settlement Area Shoreline Eighth Line Special Policy Area Oro-Medonte Zoning By- -cam law 97-95 The general intent of the (A/RU*264) Zone on the property is to establish site-specific zone limits to permit additional uses like agritourism/events or opportunities for on-farm diversified uses on the property while balancing the need to conserve and protect valuable farmland associated with crop production. The proposed minor variance is considered to maintain the general intent of the (A/RU*264) Zone as it would allow for a minor encroachment into the Agricultural/Rural (A/RU) Zone without being a detriment to the conservation of farmland and crop production on the property. Development Services March 6, 2024 Report No. DS2024-028 Page 5 of 10 Page 46 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... Appropriateness The test of appropriateness is typically determined based on a variety of factors including potential impacts to neighbours, mitigation measures to avoid off-site impacts, capacity of the property to accommodate (size, access, available services) of the proposed development. The existing (A/RU*264) Zone currently permits uses that are oriented to tourism and event functions along with on-farm diversified uses. The temporary relief being proposed is considered appropriate as the encroachment into the (A/RU) Zone would not significantly expand outside of the permit zone limits. In addition, the requirement for a development agreement provides the ability to establish mitigative measures to reduce impacts to neighbouring properties. The applicant has applied in this manner to provide additional time to prepare applications for submissions for Zoning By-law Amendment and Site Plan Approval, while allowing events to proceed under specific parameters. On an interim basis, the proposed Development Agreement would establish specific parameters that would need to be followed to mitigate off-site impacts. It is on this basis that the proposed minor variance is considered to be appropriate development, whereas mitigation measures are currently not in place. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development Development Services March 6, 2024 Report No. DS2024-028 Page 6 of 10 Page 47 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development 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. • Nottawasaga Valley Conservation Authority, email dated February 26, 2024-No Concerns • Township Building Division-Email dated February 27, 2024-Existing buildings may require change of use or building permits prior to occupancy in order to permit the proposed use. Comments have been received from interested stakeholders indicating support and objection to the proposed minor variance. For ease of reference the comments have been organized by theme and categorized based on specific position of the comments within the following matrix. Additional comments may be forthcoming prior to the hearing date for this application. COMMENTER MATRIX APPLICATION SUPPORT THEME APPLICATION OBJECTION THEME - Property Improvement - Zoning Compliance Issues - Tourism Enhancement to the - Offsite Noise Impacts area Attachments Schedule 1: Zone Mapping schedule 2: Applicant's Site Plan/Detailed Site Plan Conclusion The proposed temporary minor variance is considered to be a practical measure to allow for relief from the zoning by-law on an interim basis to allow the business to operate under specific parameters. Therefore, Planning staff considers the proposed application `minor' for the following reasons: - The proposed minor variance generally conforms to the applicable designations as it would allow for a temporary minor expansion of the existing permitted uses without encroachment into the `Greenlands' designation or removing agricultural land from production. Development Services March 6, 2024 Report No. DS2024-028 Page 7 of 10 Page 48 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... - The proposed minor variance maintains the general intent of the zoning by- law allowing for a minor encroachment into the Agricultural/Rural (A/RU) Zone without being a detriment to the conservation of farmland and crop production on the property. - The development is considered appropriate as it provides for a temporary minor expansion and will establish specific parameters to mitigate off-site impacts that are currently not in place. Inclusive of all relevant information for the proposed application, staff considers the application to be `Minor' in nature and recommends that Minor Variance Application 2024-A-09 be approved subject to the following conditions. That Owner enter into a Development Agreement to implement conditions to address the following considerations: a) That minor variance relief be provided from April 1, 2024 to November 30, 2024; b) That the extent of the approval applies to existing buildings and existing concrete footprint utilized for past events generally within the A/RU*264 Zone, subject to compliance with the Ontario Building Code; c) That all events be limited to 250 guests; d) That events and uses conducted on the subject property comply with Township Noise By-law 2012-167; e) That a noise mitigation plan be prepared by a Sound Engineer to assist with site layout and mitigation measures related to potential noise impacts. Subsequent applications (Zoning By-law Amendment and Site Plan Approval) will be reviewed based on the merits of those applications and staff's support for minor variance 2024-A-09 does not predispose the position of the Township or staff regarding subsequent planning act applications related to the subject property. Respectfully submitted, Brent Spagnol, RPP, Director, Development Services February 28, 2024 Background and Relevant Reports - Planning Justification Report, Skelton Brumwell and Associates (2024) - Staff Report dated December 2, 2015 Development Services March 6, 2024 Report No. DS2024-028 Page 8 of 10 Page 49 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... Schedule 1 — Existing Zoning Lp9 y ED G ; ED A/RU Napole°(a, EP PAD-11 AJRU _w. ED-206(H) AJRU I AJRU Q A/RU FP(H All E 1 1 rr I is i l 400 Lo IR G, A/RU --_� 1XI 9 Lz ----- -- _ o Georgian Dr. �N t0 A/RU Existing Zoning Floodplain FP(H)(Floodplain Overlay-Holding) r� Subject Lands ED(Economic Development) TotunsI-P qt A/RU(Agricultural/Rural) / _ EP(Environmental Protection) Proud Heritage,Exciting Fiam r I(Institutional) 0 100 m File Number:2024-A-09 N I Development Services March 6, 2024 Report No. DS2024-028 Page 9 of 10 Page 50 of 153 6.c) 5-50 p.m. DS2024-028, Brent Spagnol, Director, Development Services Schedule 2 — Applicants' Draft Site Plan li 4_r__ �_ - t. ............ is ............. f Site Plan 0;4; Q/��� Proud Hrritqqr,h'xrhiykq bidme File Number:2024-A-09 Development Services March 6, 2024 Report No. DS2024-028 Page 10 of 10 Page 51 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... � � 4 x O � 6 o �1 1 ado 1 N � f 3auad o jr I N V� fff d A--+ o (1) IP ?P a A.-O > w A--j Q U) M N w cl� D N L .L 4- 0 Q L CO _ � o O �. L) V .C: W .L •� G n t6 (1) W L a _ � ._ •� G� L C� ;� i J N Q O C) U Page 52 of 153 6.c) 5: r ector, Development Services... `s + �1 W di x O y CL C: C: Li o (1) 4-1 > Cu w Q Cn aD w U Nti � � e M Cu •L -6 -i , �h 0 0 a I e � t ' Y/w+ 1 °sa a�a4_F"uueM. „ Q a. Page 53 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... `s 04 3 'y 1 1 a !r U s k�9 0 1y _ -O 1 N U) . C: C: . . O O C > ca ca LLJ •- a .V (1) Q i ocn a c u u a� ^, W 0 CO W C L) CD `ua) ) •c O CO c o o 6 2 U a c� L � L) � o � t6 � � C (n _ > C 'uN ` N DL L O U O U p ° 4 0,C - o, J = Qom, V CO w CO a) _ 0 N T +� L V 4- U 0 0-) `6 U Q o o cQ Q4- - � •r o ^ > m .Q) M °° QN L O L }� � N L 0 N X . M > C O U C d N a b- m oa � � voiN m Page 54 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... `s f W o x' o 3 'y E: N O N U) O O L j - .. � 2 Q 1 . � Q � O W N Q 1 fir.1 Page 55 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... `s . � W o x' o 3 'y �4 F. A W N p C= C= ti U O Cll RR CO4-1 w t W OL }0 ^`< Cn W W U CD C: CO CO -17 L 5 i y h •- Q R Page 56 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... `s f W o x' L O a ♦..r � U � N O N - ca O ; —_ ca W ._ U � O � Q Cn O W M ca .M .Z � > O O = > a W Page 57 of 153 6.c) 5.50 p.m. DS2024-028, Brent Spagnol, Director, Development Services... `s 04 '>\ i • CO }1 - B O Q a) 3 a 0 0 >> O (6 a� m z N U) o U •_ cn O N O O_ L O U O •� — U U) O a) 4— O X U U) CN Q a) >, O O }, O � Q L N z Cz E a) a � c •� 0 O c NLaN L w o — a) vi W E N O C N O E U) tea) Q Cn � E � � o Q � 4- 0a U N - a� � Q m � � a) 0- m W Q L- — o m Q �L •� O O C M a) O W Q• • Q) O 0-> O a) C c m L a) -I.- cn� a) En aa) L) a) 0 Mi o c � > � 0) � CM CCO c� c X " •5 O � CO EOn L > Q) ° a) O m Q) N N •c O > W a) M .0 M 0 o M -I.- N M 4— 4— N a•-� � c M 530 cam 0 0 -0 ^ ^ _ M _0 U -0 a) Cn M [= O Page 58 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... 4� Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: March 6, 2024 Report No.: DS2024-032 Subject: Minor Variance Application 2024-A-08, Jan Daly, 906 Moonstone Road West Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-032 be received and adopted. 2. That Minor Variance Application 2024-A-08 submitted by Jan Daly, specifically to: permit a kitchenette in an accessory building, permit an accessory building with a maximum height of approximately 6.7 m (22.0 ft), a floor area of approximately 344.76 sq.m (3,711 sq.ft), and, a setback of approximately 23.3 m (76.44 ft) from an Environmental Protection (EP) zone. on lands known municipally as 906 Moonstone Road West, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2024- 032. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.1, 5.1.4, 5.1.6 and 5.27 of the Zoning By-law, the existing accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the kitchenette, height, area, and setback of the Accessory Building from the (EP) Zone shall be substantially and proportionally in conformity Development Services March 6, 2024 Report No. DS2024-032 Page 1 of 9 Page 59 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... with the dimensions as set out on the application and sketch submitted and approved by the Committee; c) 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 In 2022 the owner constructed a two storey 15.2 m x 12.2 m (40 ft x 50 ft) accessory building at the rear of the 11.02 hectare (27.23 acre) property at 906 Moonstone Road West without a building permit. The Building Department was informed of the situation and requested the owner apply for a building permit. Through the Zoning Certificate review, it was determined that the building exceeded a variety of Zoning By-law provisions and minor variances would be required. Minor Variance Proposal The applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.1 Uses Permitted in Detached AccessoryBuildings and Structures Required: Proposed: No Kitchen facilities Kitchenette is shown on the drawings Section 5.1.4 Maximum Height Required: Proposed: Maximum height is 4.5 m (14.7 ft) Approximately 6.7 m (22.0 ft) Section 5.1.6 Maximum Floor Area Required: Proposed: Maximum Floor Area 100 sq.m (1,076.4 Approximately 344.76 sq.m (3,711 sq.ft) sq.ft. Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required: Proposed: Minimum setback 30.0 m (98.4 ft) Approximate setback 23.3 m (76.44 ft) The property currently has a single family home and four accessory buildings. A location map and aerial photo are attached as Schedules 1 and 2 to this report. The applicants' sketch is attached as Schedule 3 to this report. Development Services March 6, 2024 Report No. DS2024-032 Page 2 of 9 Page 60 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... Analysis 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 subject lands are designated Greenlands under the County of Simcoe and Township Official Plan due to watercourses in the vicinity of the property. The subject lands appear to be a pocket of table lands surrounded by water courses. There is an existing residential dwelling on the property and the new building is accessory to that use. Accessory buildings are permitted in the Greenlands designation. Staff are of the view that the principle of development has already been established on this parcel of land and that the proposed variance conforms to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agriculture/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95. The accessory building is located on lands Zoned (A/RU). Accessory buildings are permitted in this zone subject to certain provisions. One of the provisions is that the structure is to be setback 30 m (98.4 ft) from lands zoned (EP). The building is setback 23.3 m (76.44 ft) so relief is being sought to this zoning provision. The other relief being sought pertains to a kitchenette on the second floor, height, and floor area as outlined above. From staffs visit to the property, it was confirmed that the kitchenette is exactly as described, without additional electricity outlets. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over- development that would detract from the character of the area. A detached accessory building in the (A/RU) zone is permitted to have a maximum floor area of 100.0 square metres (1076.4 square feet). The existing detached accessory building has a floor area of 344.76 sq.m (3,711 sq.ft) and is smaller than the existing single detached dwelling Development Services March 6, 2024 Report No. DS2024-032 Page 3 of 9 Page 61 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... which has a gross floor area of approximately 441.7 sq.m (4,755.0 sq.ft) which includes the finished basement according to the MPAC records. Staff reviewed the proposed variances to the Zoning By-law in the context of the large irregular shaped lot and are of the view that the proposed variances conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the large property where the building is situated and is satisfied that the building is not out of character on the property and is well screened from adjacent properties. The building should have been setback further from the portion of the property zoned (EP); however, it is still quite a distance from the environmentally sensitive lands that meets the intent of the setback. The subject property is heavily vegetated which helps screen the existing dwelling and accessory building from the street and neighbouring properties. Due to the location of the accessory building and existing vegetative buffer, Planning Staff believe that the accessory building is appropriate in this context. A similar structure may not be supportable on every property within this area depending on size, location and screening from view. 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 to the height, size, setback to the (EP) zone, and the provision a kitchenette in the accessory building, are minor in nature and they are not anticipated to have any adverse impacts on the neighbouring properties. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Encroachment Staff noted that an accessory building constructed in 2010 by a previous owner encroaches onto the adjacent Hydro One corridor. The building was built with a permit, inspected and signed off by the Building Department. Staff are not aware if the two parties have come to an arrangement to allow the building to remain. This is viewed as being a civil matter and is not part of this application. Development Services March 6, 2024 Report No. DS2024-032 Page 4 of 9 Page 62 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— Provided the following comments: o Identify proposed use of main and second floor space. o Identify location of existing septic system components with setbacks to structure on site plan. o Further comments may be applicable upon identification of the use of the structure. o Owner applicant to be aware that the following will be required: ■ Building Permit required for structure — Double Building Permit Fees will apply due to construction without a building permit. ■ Professional Engineer's Reports to be provided for all elements that have been covered; OR structure to be uncovered to verify compliance with the Ontario Building Code requirements. ■ Septic Verification OR Septic Permit will be required for additional plumbing fixtures being proposed in the accessory building. ■ Spiral Stair Manufacturer Specifications to be provided at time of building permit application; spiral stairs to conform to 9.8.4.5A. of the Ontario Building Code. Exterior Exit stairs shall conform to 9.8. of the Ontario Building Code. Development Services March 6, 2024 Report No. DS2024-032 Page 5 of 9 Page 63 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... ■ HVAC information may be required to be provided at time of building permit application upon confirmation of the Use. Nottawasaga Valley Conservation Authority— Provided the following comments: o No objections to the application. o Permits are required from the NVCA for any proposed development within regulated portions of this property. Since the work was completed without a permit, the fee will be double. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Sketch Conclusion Planning Staff recommends that Minor Variance Application 2024-A-08 be approved, specifically to permit a kitchenette in an accessory building; to permit an accessory building with a maximum height of approximately 6.7 m (22.0 ft), a floor area of approximately 344.76 sq.m (3,711 sq.ft), and setback of approximately 23.3 m (76.44 ft) from an Environmental Protection (EP) zone for a property municipally known as 906 Moonstone Road, Oro-Medonte, 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: George Vadeboncoeur, RPP Manager, Planning Special Projects, February 27, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services, February 28, 2024 Development Services March 6, 2024 Report No. DS2024-032 Page 6 of 9 Page 64 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Location Map 5733 5630 5610 A 5896 5609 RiaE:Rd.w. 2 761 5455 5610 5532 5549 760 5498 - -906 5478 5483 820 810 Moonstone Rd- l 1 071 5415 5395 5379 5365 5351 - 538 5337 5338 5330 5284 5271 Location ® Subject Lands Tinvns/. of & Prond Heritage,Exciting Fnnur 0 loom File Number.2024-A-08 N Development Services March 6, 2024 Report No. DS2024-032 Page 7 of 9 Page 65 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Aerial Photograph „r q�ti�y S '4 1(Y}��j�tKL Yam X� 'x'.,' t9 tr -�� '`v+s,14�`h".�'!r'�. .r �t.\�5�l �'�t.�ti.!• '�l�S h ao" Y J SJ` Y_h;q A Moonstone Rd. ,^a,>��3 _ Zi '* b� y4�� + i4 i r'4: gar >1 'kY ,aW. y �y l ?.'7A a !Q S► ,.:. F.^i r a.,,, rK* t ,A Aerial Q Subject Lands Proud Heritage,Exciting Futurr 0 100 m File Number:2024-A-08 ti I Development Services March 6, 2024 Report No. DS2024-032 Page 8 of 9 Page 66 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Site Plan Sketch I I P I LOT I I HALF vn� EAST �` 4 I I � I I � J CONCESVON � •0 .., � "fir.v � � I —�— t---.r- ---� ra�M�si� fin` ,e aw: _ _ I i I �? Subject Building i YWt I MwSiljatl'f,A ! rte I - I ,� ,c .:_ Moonstone Road Tourvulrip o�'~�/''I��- Minor Variance Sketch Proud Heritage,Exciting Fntenr File Number:2024-A-08 Development Services March 6, 2024 Report No. DS2024-032 Page 9 of 9 Page 67 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... flo, w e -�1T 0 W N O I O N i O i N f oL111 — O a U Q � � ca ca O O Q U � u I a� co C: .L O O N U v ca � O — . . . . C Q E a a� � ++ O ._ L O Q N w O t) Page 68 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia"VO ... ■ ■ s N �� i ' v• b W W • �): n i I I� Cl) R. L • � 0o a O O ` o g F N }' _ I p CL (10 C) N _a U L � N E U o M N N E ^, N o M W LCj c N U 4- X CD M • v C h O y m L � d. ■ 'a c� �j E i c Q o m o QL Qac Q r c Qa 3 Y n.ti a L U C co C _ _ .� Q J � EM O � M = o N c o E ur N E E CD U +r ai E v_) E 07 . . M N Q U �. ~ a) W - cc E ca cn C � O w o '0 W C/) In N � •X Q o '� -- co E cc E � o E � 0 0 a�i cr � �a cii mC) i� ai •E � Page 69 of 153 6.d) 6.00 p.m. DS2024-032 Ge orge e Vadebon coeur, Manager, Planning Specia... 10 y W d� Lc$y � a •� � � � o cu _yy }a • WC F o as 0 00 •v 0 Z Q = 5 .2 yl L a N � - C � o O yr L� U � Q - N U NYC I (V . . 75 o q 0 1, 1` a Page 70 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... `s 04 t pp W, "d ` a rc 3 A• v 0 CU � L C)0 �. CL O� O Q - W O N = O N O Cu U 0 L CU ca . O > > C L tv Nwiff Page 71 of 153 . • . 11 • I Ql AM - • • - . • - • • •- . • - • •- yam:-: ��' arrae�a®a+�r �_� • -77 A � t�%M 3 • ., ,I ► fix' z�.# *,a 1 • LoM NV NW , (� R F� • $ y f R FilaIt t t �j7 n y , L` • • • • 6.d) 6.0 ad e r, Manager, Planning Specia... k 04 ■_ 1 0. cu WAR s ➢' WON kPA�� ... O J M z 4 d � 1• U cn Q - � N •- U ca O o .t. am 75 v o •- Page 73 of 153 6.d) 6.00 m. DS2024-032 Geor e Vadeboncoeur, Manager, Planning Specia... O w O .4 � w •— o x o 3 'y E: Ur a O cu Q •W M�� W O aL 0 N O N o v O Cu U Q O N --- 0 Cu O •� � two+ V „� A O � W Page 74 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... `s 04 o 3 'y E: W O lit G N _ -- N O ^Q W L U 0 C- 0 L Ca 0 .L- 0 clam a O v C d) L ■\� rx Page 75 of 153 6.d) 6.00 p.m. DS2024-032, George Vadeboncoeur, Manager, Planning Specia... `s �+ cn O Q w C O � N � x Cn cn L 3 p. N EL >1 D W Q 2 ° E �_ in c O ° E = m L 70 L 00 'cn cm C/) O O � o M o :3 c cu N o CO O > E o lita� >> •fn O L V 0 0 a) O N O ° CD- � E � m cn N N � � E 6 L U O a) Q aj 4—j � }' O c6 U LO "E U m m 0- 0 ° r 0 r m o C= — m L6 o 0 OU > N 0 0 r U •� U O a) cn (6 — > L a) 4— U > � 0C)— _0 O o — O Ca .N con o 0- c� a 0 U) � ° co N -0 M � c = U) T a —Ca =a) cn M cc E . L� � � Q _ �Q o 0E U LCnL C M U in o C) 0- ccnn cn }' +_ � c- 0 0� 0- O c L -2 M U M U a� M a) ono o � � oa� r o � G� -0 ° cn � O o � -c m � � m (n ca Ca E (6 — M (a N O m ^ U V M U Q CO CY Page 76 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... 0; Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: March 6, 2024 Report No: DS2024-030 Subject: Minor Variance Application 2024-A-06, Robert Drury, 661 Penetanguishene Road Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-030 be received and adopted. 2. That Minor Variance Application 2024-A-06 by Robert Drury specifically to construct a 48.2 square metre (518.8 square feet) addition to an existing non- conforming building to be used for office uses on lands municipally known as 661 Penetanguishene Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-030. 3. The conditions are as follows: a) That notwithstanding Section 5.18 of Zoning By-law 97-95, the proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; and, b) That the proposed addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services March 6, 2024 Report No. DS2024-030 Page 1 of 10 Page 77 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... Background - The purpose of the report is to provide information and a staff _ recommendation for minor variance application 2024-A-06 with respect to a proposal to expand an existing building which is a legal non-conforming use. F '1 The subject property has a lot area of " 57.9 hectares (143.1 acres) and ;. contains a single detached dwelling, several agricultural buildings and a G! N large detached accessory building being used for the well drilling :Y business. A location map is included J " 1 as Schedule 1 to this report and an aerial photo is included as Schedule 2. The existing building is considered to be a non-conforming building as it is currently being used for the applicant's well drilling business, which has been in existence for several decades, prior to the enactment of the Zoning By-law currently in-force. In order to facilitate the proposed office addition to the building to support the non-conforming well drilling business use, the applicant has submitted the proposed Minor Variance application. Minor Variance Proposal The applicant is proposing to construct a 48.2 square metre (518.8 square feet) addition to an existing non-conforming building to be used for office uses and is seeking relief to the following section of Zoning By-law 97-95, as amended: Section 5.18 — Non-Conforming Uses Required: Proposed: No lands shall be used and no building or To construct a 48.2 square metre (518.8 structure shall be used except in square feet) addition for office uses to an conformity with the provisions of this By- existing non-conforming building which is law unless such use existed before the being used for a well drilling business. date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act. Development Services March 6, 2024 Report No. DS2024-030 Page 2 of 10 Page 78 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... The applicants' site plan and elevation plans are included as Schedules 3 and 4 to this report. oCFF „Wo nE em E145T,AESpEACE LN AIR) 43/90p00p0600 OVU BARN Analysis 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 subject lands are designated Agricultural in accordance with the Township's Official Plan (OP). Section 5.27 Non-Conforming Uses of the OP provides guidance when Development Services March 6, 2024 Report No. DS2024-030 Page 3 of 10 Page 79 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... considering a Minor Variance for an extension or enlargement of a non-conforming use. When assessing the appropriateness and impact of the proposed development, the following may be considered: a) the proposed extension or enlargement of the existing non-confirming use shall not aggravate the situation created by the existence of the use; b) the size of the enlargement in relation to the existing operation or use shall be in an appropriate proportion to the existing size of the non-conforming use; c) whether the proposed enlargement is compatible with the character of the surrounding area and is in keeping with the scale and massing of surrounding development and neighbouring properties and shall generally maintain the overall scale and massing of the existing building(s) proposed to be extended or enlarged; d) conditions that may minimize any potential nuisances can be imposed, including but not limited to, buffering, landscaping, building setbacks, Site Plan Control and other means to improve the existing situation, as well as minimize the potential impacts from the enlargement; and, e) the characteristics of the existing use in relation to noise, vibration, dust, smoke, odours, traffic, safety, parking, lighting, municipal services, and the degree to which any of these factors may be increased or decreased by the enlargement. It is Planning Staffs opinion that the proposed addition will not aggravate the situation created by the existence of the use, the size of the addition is appropriate in relation to the existing operation and would be compatible with the character of the surrounding area. Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95. The general intent of the Agricultural/Rural (A/RU) Zone is to establish zone provisions that are supportive of agriculture and to avoid the introduction of incompatible uses by permitting uses that are conducive to the agricultural industry. An example includes permissions for home industries that are accessory to the main use being either agriculture. Home Industries include small-scale industrial uses, (carpentry shop, metal working shop or other uses), which are accessory to an agricultural use or single detached dwelling. The existing well drilling business located on the lands would not be classified as a Home Industry given the large-scale nature of the use. Given the use has been in operation for over 35 years and predates the enactment of the current Zoning By- law 97-95, is deemed to be a non-conforming use and is considered to be compatible with the existing uses in the area. As such, Planning Staff is of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Development Services March 6, 2024 Report No. DS2024-030 Page 4 of 10 Page 80 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... Is the variance desirable for the appropriate development of the lot? Planning Staff does not expect the proposed use to stand out, look out of place or detract from the character of this established neighbourhood which is supported by the location of the building being setback approximately 158 metres (519 feet) from Penetanguishene Road, therefore any impact to the surround area is minimal. On conducting a site visit of the subject property, Planning Staff observed that the property has several large mature trees and the building subject to the minor variance application blends with the other agricultural buildings located on the subject property. It is anticipated that the variance will not have an adverse effect on the character of the surrounding area. 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 for an addition to a non- conforming building is considered minor in nature and can be sited to blend in with the character and appearance of the 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 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Development Services March 6, 2024 Report No. DS2024-030 Page 5 of 10 Page 81 of 153 6.e) 6.10 p.m. DS2024-030, 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 Development Engineering — no comments. Engineered Lot Grading Plan will be required at time of building permit. • Township Operations — no comments. • MTO — proposed addition outside of MTO permit control area and does not require MTO review or permits. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plans Conclusion Planning Staff recommends that the variance associated with Minor Variance Application 2024-A-06 be approved, specifically to construct a 48.2 square metre (518.8 square feet) addition for office uses to an existing non-conforming building which is being used for a well drilling business 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. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, February 26, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services February 27, 2024 Development Services March 6, 2024 Report No. DS2024-030 Page 6 of 10 Page 82 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 2056 - —Ski Trails Rd. - -- — -_ —t 02203 2089 8 onmM yeller qA.W. » a 1931 -- 11 9 7 5T 1 l_ 423 15 ForesY'I Dr. _ 10 775 17 8 6 4�t 16 qla.qa.w. 19 1s 322 v ti a=i 725 _ N C` — 669 _ 93 170 150 617 L97 2 6 8 75 �Galdwell-Dr. — 5 1208 1436 1490 6i-- Z4 l ' - Napoleon:Rd.� i 5 j— T7 9 1505 27 1255 1483 rn 2621 1333 m _ COS. L a, 2481 2128 272 436 443 Location Q Subject Lands TnwasDipnf Paned Heritage,Exciting Fntm, 0 100m File Number.2024-A-06 ti LLLLI Development Services March 6, 2024 Report No. DS2024-030 Page 7 of 10 Page 83 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Aerial Photo I Forest:Hi r. a i� z nip _ .Napoleon Rd. J Aerial Q Subject Lands Proud Heritage,Exciting Fulto, 0 100 Ill File Number:2024-A-06 Development Services March 6, 2024 Report No. DS2024-030 Page 8 of 10 Page 84 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Site Plan EXb'i1NG SHOPOSED / a _ E m* OFF%U ;RE RD E$T.PEBICEACE a EETM A/IV �AN 43f01000180500 EWTWG BRAN 7UIY1l5lllfl U- -iisosift, Site Plan Qtv �/1/lectc' Proud Heritage,h'xcitir q Futurr File Number:2024-A-06 Development Services March 6, 2024 Report No. DS2024-030 Page 9 of 10 Page 85 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Applicant's Elevation Plans ._._._._._._._.__._._._._ 00 00 ._._. east elevation west elevation o — ----------------- south elevation Elevations �"� ` Proud Heritgnc,l:xritinkT FutNrrr File Number:2024-A-06 Development Services March 6, 2024 Report No. DS2024-030 Page 10 of 10 Page 86 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... i• �o � - I I w N L 3u3-� m I L + � 0 O � N o `e a 'pa auaysinfiue�auad O 1 4—j CO U M _ CL ry M L C) U) W ca C •:3 — M ca :3 O .� M O O � > O ,L L .L C Q � C: O .� L v � i i J N w O CD C) ca Page 87 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... w 12 -� e LEI o Q Cn N � o vCL 0 0 o Penetanguishene Road a CO U 0) a� vi O � 2 � � an ^ }' c O V N X CD LO COas N .0 W C a O N R7 O = U a � � 2021 �p O O 'n e� Q 00 E w Cr O C a7 � " :3 2 O O (6 0 0 O O Cn m IL H B O C> C Ch N a� L _ L C U) C oY .r O (6 � O O o � u�iwvrnLO � � : (nN c c � 0 � 0 '; a� .. � O (n .U) N O o � :s � � N U 00 0 C) a) C ° (D ID CL 00 � }, U a� � 7,� W or3cz . . � C O V c as � 'Em � � C: EL L M _ . W L N u a> 4— O �O I cwom � L Nmo V L 0 0 .0 0 C j a) 0 00a U t6 O O(� HOC Nd � C �O CA' O Z7t � } aEn , $ cz0C avi� M2 O _0 CD0 0 : UMw 0 cu a = CL U Cnz M Page 88 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... r w w LM ` d) O L V+ tu } 4-j -- =- CO -, U as CO Z J O O o a Page 89 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... `s f W o x' 3 'y 1 1 it T I 1 li l L 11 11 '^ 11 II i i it ...JI � 11 i i ii II i t it 11 i II i I it i I 1 I it it I � 0 Itl 'A 1 I II N i pg� II � i I ii i Itl � i i it O i II : i i ii i II i h ii N i II i i it II i h h I II i it C— i I i ii t II i it O I II I i it i 1 Il I 11 }jCO I 1 I I 11 I 1 li II i 1 ii II U 1 1 II 11 I I It II I I it I II I 1 IF 1 11 i..! =C::; II i ® II II i II II I II 11 I I M II ii f/� ItCu I i ii ii O I i ii i i it i t it t t it L M ii I s i1 E 0 W ' � Y. _ W zw C V ■ C\ CL a Page 90 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... `s W Q y 'dam my N v � U) �. AO Q N u Q W GD a: a a C O c� VJ m F c ■— �� r O I O N ry , •O O �= I M Q N O Q CL O � L U CL � C C� M .M C > •- O _ ._ I W Page 91 of 153 6.e) 6.10 p.m. DS2024-030, Andy Karaiskakis, Manager, Planning Services ... `s fA (n O a C o ZC 4- i 4-1B ° E i o Cn }� W ° :tf (n ° CO C Oi Cn o � Q � � � -0 E o CAI o Cn O L6m0Q > — ° - � o a M U) ° N L— c tf E 0 M E 0- ,V � 0 >, -0 o 'c c ca w > N '- C: m Q ° > (n U CO N Lr; (3) C/) o O o a--� _U C (6 (n i U) N > 0 U) � M ., 'U cn cn O � � � 0 L cn ca CD- CI) � ° � Qcn 6 C - ' � � � ' ° ° = N +� E v H U F— cn �--� O m V F— t� Q U) li M Page 92 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: March 6, 2024 Report No.: DS2024-029 Subject: Minor Variance Application 2024-A-07, Garrett Hookey, Concession 2 EPR Part Lot 17 Reference Plan 51 R41484 Part 1 (Oro) Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-029 be received and adopted. 2. That Minor Variance Application 2024-A-07 by Garrett Hookey be deferred to provide the applicant with the opportunity to address the natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plans and to address the Nottawasaga Valley Conservation Authority's comments. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide information regarding Minor Variance Application 2024-A-07, which proposes a reduced setback for a dwelling from a watercourse and an oversized (height and area) detached accessory building (garage). Development Services March 6, 2024 Report No. DS2024-029 Page 1 of 15 Page 93 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re- Minor... The subject property has a lot area of 0.73 hectares (1.81 acres) and is currently vacant. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Environmental features consisting of wetlands, watercourse and significant woodlands located in close proximity to the subject lands. • Evaluated wetlands to the west, south and east; • Unevaluated wetlands to the west, south and east; • Significant woodlands to the west and east; and • Watercourse to the south. Proposed Minor Variance The applicant is proposing to build a single detached dwelling and detached accessory building (garage). The applicant is seeking relief to the following sections of Zoning By- law 97-95: ZONING BY-LAW 97-95 ZONE PROVISION SECTION PERMITTED/REQUIRED PROPOSED Setback from Watercourses- 5.32 30 Metres 20 Metres House 98.4 feet 65.6 feet Detached Accessory 5.1.4 4.5 metres (14.7 feet) Building-Maximum Height Detached Accessory 100 square metres 185.8 square Building-Maximum Floor 5.1.6 metres Area (1,076.4 sq ft) 2,000 sq ft The applicant's site plan, rendering and floor plan are included as Schedules 3, 4 and 5 to this report. Development Services March 6, 2024 Report No. DS2024-029 Page 2 of 15 Page 94 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Analysis 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: Provincial Policies The Provincial Policy Statement (PPS) and Growth Plan for the Greater Golden Horseshoe ("Growth Plan") establish policies intended to provide policy guidance regarding various Provincial interests including, but not limited to Rural Areas, Natural Heritage, Water and Natural Hazards. The purpose of the policies is to ensure that land use decisions are consistent with the Provincial objectives and ensure that proper justification is provided to ensure that Provincial Interests are being maintained. Based on the environmental features (Evaluated Wetlands, Unevaluated Wetlands, woodlands, watercourse) that surround the property, the PPS and Growth Plan require the evaluation of natural heritage features to demonstrated that there will be no negative impacts on the natural features or on their ecological functions, prior to permitting any site alteration. In addition, the subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA) and as such, Planning Staff rely on the technical expertise from the NVCA Staff on matters related to natural hazards. The NVCA provided comments dated February 26, 2024 (see Schedule 4) indicating that the development encroaches into the meander erosion hazard associated with the watercourse; therefore, they are recommending that the application be deferred until a Meander Erosion Assessment is submitted for review. Planning Staff is of the opinion that an Environmental Impact Study or Natural Heritage Evaluation is required to demonstrate that there will be no negative impacts on the Development Services March 6, 2024 Report No. DS2024-029 Page 3 of 15 Page 95 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... natural heritage features and a Meander Erosion Assessment prepared and submitted for review as per the NVCA's comments. County Official Plan The subject lands are designated `Greenlands' in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. The Greenlands Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. Since Planning Staff have not received an Environmental Impact Study or Natural Heritage Evaluation in support of the proposed development, and that Staff have yet to receive comments from the County, Planning Staff is not in a position to conclude that the proposed development conforms to the County's Official Plan. Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Greenlands' in "Schedule A— Land Use" of the Township's Official Plan (2022). In accordance with Schedule C — Natural Heritage, Water Resources and Hazards, the subject lands are adjacent to evaluated wetlands, unevaluated wetlands, significant woodlands and a watercourse, see Schedule 6 to this report. Section 2.13.13.11 states that where development is proposed within the Greenlands designation, the Township shall require that an EIS be prepared that demonstrates that there will be no negative impacts on any natural heritage features or ecological and hydrologic functions. Furthermore, Section 3.2.6 - Watercourses states that a reduction in the minimum 30.0 metres (98.4 feet) setback will require a minor variance. In support of such application, the Township will require an EIS and/or a natural hazard assessment to be submitted which would be subject to the satisfaction of the Township, in consultation with the conservation authority. As discussed above, the NVCA provided comments requesting deferral of the application as they require a Meander Erosion Assessment to confirm that the natural hazard is not a threat to the proposed development. Based on the preceding, Planning Staff are not in a position at this time to conclude whether the application conforms to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95. In accordance with Table A4, a single detached dwelling is permitted in the A/RU Zone. The general intent of the Zoning By-law in requiring the minimum setback of 30 metres (98.4 feet) from a watercourse is to ensure that development maintains an adequate distance from potentially sensitive natural features, as well as to protect development from flooding and erosion hazards. Development Services March 6, 2024 Report No. DS2024-029 Page 4 of 15 Page 96 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... As mentioned in the previous sections, it is Planning Staff's opinion that the applicant is required to obtain an Environmental Impact Study (EIS) or Natural Heritage Evaluation (NHE) to demonstrate that the proposed buildings and their location (reduced setback) will not have an adverse impact on the natural heritage features. Furthermore, the NVCA has requested a Meander Erosion Assessment to determine whether the natural hazard is a threat to the proposed development, therefore, Planning Staff are not in a position at this time to state whether the proposed variance conforms to the general intent and purpose of the Zoning By-law. Based on previous comments with regards to conformity with the PPS, Growth Plan, County and Township Official Plan, Planning Staff are not in a position at this time to comment on whether the variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? The single detached dwelling and detached accessory building are proposed to be located adjacent to evaluated wetlands, unevaluated wetlands, significant woodlands and a watercourse. Given the comments mentioned in the preceding sections of this report with regards to conformity to the PPS, Growth Plan, County and Township Official Plans, Planning Staff is not in a position at this time to comment on whether the requested variances would be considered appropriate and desirable development of the lot. Are the variances minor? As mentioned above, an Environmental Impact Study or Natural Heritage Evaluation and a Meander Erosion Assessment are required to assess the impact of the proposed development on the natural heritage features; therefore, Planning Staff is not currently in a position to address whether the application is minor in nature. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services March 6, 2024 Report No. DS2024-029 Page 5 of 15 Page 97 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. At this time, Staff are unable to determine if the proposed development is consistent with the Township's strategic goals. 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 objection. • Beausoleil First Nation — Expressed concerns that the proposed development is only 20 meters away from a watercourse and questioned whether an archaeological assessment would be required. • NVCA— proposal encroaches into the meander erosion hazard associated with the watercourse; request for a deferral as a meander erosion hazard assessment is required (see Schedule 7). Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Rendering Schedule 5: Floor Plan Schedule 6: Township Official Plan — Natural Heritage Features Schedule 7: Nottawasaga Valley Conservation Authority Comments Dated February 26, 2024. Conclusion Based on Planning Staff's analysis, consistent with discussions with the applicant, it is recommended that Minor Variance Application 2024-A-07 be deferred as the application is considered incomplete. Staff's recommendation is intended to provide the applicant with the opportunity to address natural heritage policies contained in the Provincial Policy Statement, Growth Plan, County of Simcoe and Township Official Plan through an Environmental Impact Study and to address comments received from the Nottawasaga Valley Conservation Authority's requiring a Meander Erosion Assessment. Development Services March 6, 2024 Report No. DS2024-029 Page 6 of 15 Page 98 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, February 26, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services February 26, 2024 Brent Spagnol, RPP, Director, Development Services February 27, 2024 Development Services March 6, 2024 Report No. DS2024-029 Page 7 of 15 Page 99 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map xa.w.v a r 927 ova e,.w as m,m w.E. ua..a.w. 818 I 804 1 N 703 751 811 2056 1942 654 Location Q Subject Lands Totn�'E�`��`� (� Proud Heritage,Exciting helm, 0 loom File Number:2024-A-07 ti i i I Development Services March 6, 2024 Report No. DS2024-029 Page 8 of 15 Page 100 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re- Minor... Schedule 2: Aerial Photo y Z N d C J , Aerial '�V Q Subject Lands Proud Heritage,Exciting haw, 0 100 m File Number:2024-A-07 I Development Services March 6, 2024 Report No. DS2024-029 Page 9 of 15 Page 101 of 153 6.� 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re- Minor... Schedule 3: Applicant's Site Plan Proposed detached -- /~ I r _- - 1 accessory building -_-"--- r I..,. -•.., Proposed building �' .•. m envelope for the *'-f single detached " dwelling l i r i i i i Watercourse 1� Site Plan 00` ��� mtn Proud Heritage,ExcWrrq Futurr File Number:2024-A-07 Development Services March 6, 2024 Report No. DS2024-029 Page 10 of 15 Page 102 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Schedule 4: Rendering K�OGON -P R PART i I� 4.9 metres (16.0 feet) to mid-roof Toumuhip of Rendering Proud Heritage,Exciting Futurr File Number:2024-A-07 Development Services March 6, 2024 Report No. DS2024-029 Page 11 of 15 Page 103 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Schedule 5: Floor Plan ME=yHANICAL ROOM 2000 SQUARE FT HAND WASlU[VE WASH 030 • N.T.S. 5' EQUIPMENT STORAGE/WORKSHOP 40' z 15' z Q � I Sn Floor Plans �"� 'edwite Proud Heritage,Exciting Fnturr File Number:2024-A-07 Development Services March 6, 2024 Report No. DS2024-029 Page 12 of 15 Page 104 of 153 r - .•.. - =` 4 1. (y .:4 .G� ':fit-':• :.<r. ;('' •::� AV IV " .;•" f.., .• ,;; is '`ill.' .11� -y .r,� •:�'�`ri<C-...�. ./ .�,�'.ri.,' -:Ul.:.•;4: :.dY. '�,:�.� 'y'r�r-rr "I(�...:�.:J(u,•. '.•.�`.v ;.1 ',e ':a/i',- .,'..-a,•tom. •'tli.;ri./4....... _ .�r.- .44 IV �i A, .v i .'./_'::� }���•., ., � ..� .: ram:�.'�;:;:.: 3,'� 7- TownshipOfficial r Natural Heritage, Water Resourcesr • Natural Hazards C*J Subject Lands Surface Water MNR Evaluated Wetlands Permanent Streams T, Woodlands M Treed Hedgerow 0 00 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Schedule 7: Nottawasaga Valley Conservation Authority Comments Dated February 26, 2024. 0 Nottawasaga Valley Conservation Authority fj h February 26, 2024 SENT BY EMAIL Township of Oro-Medonte 148 Line 7 South, Oro-Medonte, ON LOL 2EO Attn: Andy Karaiskakis Secretary Treasurer planning@Doro-medonte.ca RE: Application for Minor Variance Town File No. 2024-A-07 703 Line 2 North NVCA ID #32241 Dear Andy, Nottawasaga Valley Conservation Authority [NVCA] staff is in receipt of a formal minor variance application to reduce the setback to a watercourse from 30m to 20m; increased height from 4.Sm to 4.9m; and a maximum floor area from 100sgm to 18S.8sgm on the lands located at 703 Line 2 N, Township of Oro-Medonte. NVCA staff have received and reviewed the following documents submitted with this application: • [Drawing] "Site Plan" Pearson Engineering [February 2024] • [Notice] "Minor Variance Application" Township of Oro-Medonte [February 21", 2024] Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 172/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, NVCA has provided comments as per our Municipal Partnership and Service Agreement with the Township of Oro-Medonte. Ontario Regulation 172/06172/06 1. NVCA mapping for the property illustrates a wetland interference hazard as well as a meander erosion hazard associated with a tributary of Willow Creek. Due to these hazards, the subject property is entirely regulated pursuant to Ontario Regulation 172/06 the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Permits are required from the NVCA for any proposed development within regulated portions of this property. Nottawasaga Valley Conservation Authority 3195 8"Line, Utopia,ON LOM 1TO T; 705-424-1479 F; 705-424-2115 arlminral nvra nn ra nvra nn ra A member of Consarvation Ontario Development Services March 6, 2024 Report No. DS2024-029 Page 14 of 15 Page 106 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... Application for Minor Variance Town File No. 2024-A-07 703 Line 2 North NVCA ID#32241 February 26, 2024 3. Should the applicant intend to make further changes, staff recommend that the applicant(s) pre-consult with our Permits and Regulations Department to determine permit requirements. Provincial Policy Statement PPS (2020) 4. The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act. S. The subject application would constitute as `development' as it relates to determining consistency with PPS policy. Natural Hazard — Regulatory Comments 6. The proposed site plan encroaches into the meander erosion hazard associated with the watercourse. We have requested that a meander erosion assessment be completed in support of this application prior to any decisions made regarding encroachment towards the watercourse. Conclusion The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the minor variance application and based upon our mandate and policies under the Conservation Authorities Act. Given the comments above, the NVCA recommends that the application be deferred until the appropriate study is submitted for review. Please feel free to contact the undersigned at extension 233 or tboswellCcbnvca.on.ca should you require any further information or clarification on any matters contained herein. Sincerely, );4�1� 5614_� Tyler Boswell Planner Page 2 of 2 Development Services March 6, 2024 Report No. DS2024-029 Page 15 of 15 Page 107 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... i w 4 r= x IE~ o i � Q I � lit C) N p O ti U J o M ry Q � m Q LLI 00 :3 c: m c: ry 4-1 — C� U) > Lb O O m c..� . . . . c U n • • a) Q a o . . }, L •� •— Q) MENEM Lm 0 (D � 4 � O t) Page 108 of 153 6.� 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re- Minor... LA W I j i i LA O O i I I I r aoro I 1 j I c c - O CL i O CL 4-j U Q ar ai O ,N 4 ca c a (6 E _ cz m a) a) v ai c IA N N (n 0 0 O (I� 0) t6 Q — OO 00 L- OHO Fn0) C6 O E a CV 0 b. O a 00 N Q � a) O = LL L a o � E E O �. CMma� w E E � � ti � v Dom : p M w d � M a G . . U (D M I °' I a E CO CO (nU � a C3� O c)L Lri NLi ro CL -aO0) N � � CL c6 cn O O 0 cr Cfl U a) E N � a U c i0-0 a a 2 � N � � � a Page 109 of 153 • • 1 • � 1 � 1 • - - • - • - - • 1 • • ,..� � , ,�" ks. � � � �s.� 34��� r�ak _ � � � s • '* '4Y �,'3� .S a� �'� /`� �� 'r� f Imo'a �'''. 3 .t4 �tyi. i. .-,— �;. �" r ..; F�v ./ ? . ,'�� 3 '. � �� �"� �4 /Y , ! a � � �� � �� �4 �,: s:, � �} • �'� ,,ti;T4 � �4� y' � \ \ , � A � • \ • �.•— � • 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re- Minor... N#. 04 w 1; 3 'y e � Oti, J 1 L 0 N ,f CL N ri 0 cu U _ C— CU L ' cu L O 0 AW r a • as a Page 111 of 153 6 6.� 6.20 p.m. DS202" Ta&rine McCar-rofl Senior Planner re- Minor... ---------------------------- w a • W d � a LL Q ----------------------------- 0 s 0 0 L r- Cw --------------- ------------- o a a W Q ---------------------------- N l O N LL ONINMV w c r 7 C— 4 ` w. O V N 0 " 0 O 8 u? CD w © 2 }� GO -6 U Q cu r Lm > G) Lr 0 °� r Z ♦..� Q .V a - Page 112 of 153 6.� 6,JW arr II, Senior Planner re: Minor... tm '0 M 1� h Z t a '#S O - i,l�,li O ■_ N Q -0 N O O O - O a� J Q Q — > O d) O � � c o J Q O L- CL Page 113 of 153 6.f) 6:20 p.m. D 2024-029, Catherine McCarroll, Senior Planner re: Minor... ` Q� IF � v, w AkLM O 3 a l ` d V N O ` N O Ca aar � O O � �1 V 0 d Ma47, vil ....x�'�D,.✓.rFa�F.�,e.Ki ,."R�d k s..x..�...NA+�w. � z-. n`�`r 6?tai�...� Page 114 of 153 6J) 6.20 p.m. DS2024-029, Catherine McCarroll, Senior Planner re: Minor... `s 04 (6 c U, = Q N ti cz 0) O � 4- 1 E 5 .c U N >1 ocn O U (� O u' Q o �' a� 2 vz (n Cn N � p C +r � o V L U c: o c6 cn > cz � � m - 0 o o L > Q � � D Q o co ^, N Q c O U o ai a� Q� O cn c: }' cn c o) }, N > > o `-' U con o Q o U cn > N O i >+ (6 O OC a--� — O '� O > t6 .c: z � 0 M O 5 Q L CL � M Q O a) M a) (6 E Elf p M tam }' _0 U v cn z < U) c-i ri Page 115 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A(W ... TGZffed"nte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: March 6, 2024 Report No: DS2024-005 Subject: Zoning By-law Amendment 2022-ZBA-15, Lisa Van Muyen, 1211 Line 3 South Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-005 regarding Zoning By-law Amendment Application 2022-ZBA-15 applying to lands municipally known as 1211 Line 3 South, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-15 by Lisa Van Muyen, specifically to rezone a portion of the subject lands from Agricultural/Rural (A/RU) to Agricultural/Rural Exception 352 Hold (A/RU*352(H)) Zone on Schedule A3 to Zoning By-law No. 97-95, as amended, be approved; 3. That the required Holding (H) Provision not be removed from the zoning of the subject lands until such time as the appropriate Site Plan is approved by the Township, the related Site Plan Agreement is registered and the Township has received the securities identified in the Site Plan Agreement; 4. That the appropriate staff bring forth the By-law for Council consideration. 5. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Development Services March 6, 2024 Report No. DS2024-005 Page 1 of 14 Page 116 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Background The subject lands are located on the southeast corner of Ridge — Road West (County Road 20) and Line 3 South. The lands occupy a Za `p9 lot area of approximately 13.9 hectares (34.3 acres) and a lot frontage of approximately 400.0 metres (1,312.0 feet) on Line 3 M� South and 330.0 metres (1,083.0 feet) on Ridge Road West. The current use of the property is residential and the property contains a woodland. 08 On November 2, 2022, the '21 applicant submitted the Zoning By- z law Amendment application to the Township to permit a glamping use on the subject lands. The F°"es`e`R 5 4 z. glamping use is intended to be secondary and incidental to the permitted single detached dwelling on the same lot and operated by the residential property owner. A statutory Public Meeting was held on January 4, 2023 to receive comments from members of the Committee and the public with regards to the proposed development. A full list of the comments received can be found on page 6 of this report. Through discussions with the Township and County, the applicant has made changes to the proposal that are satisfactory for approval. The proposal includes five (5) glamping sites and a washroom trailer in the center of the property, outside the woodland. The applicant's site plan can be found on Schedule 1 to this report. The applicant has submitted the following reports/studies to the Township in support of the proposed development: • Planning Justification Report, Goodreid Planning Group, November, 2022; • Planning Response Letter, Goodreid Planning Group, February 10, 2023; • Planning Justification Report Addendum Letter, Goodreid Planning Group, March 20, 2023; • Natural Heritage Evaluation, Azimuth Environmental Consulting Inc., October 2022; and, • Natural Heritage Evaluation Addendum, Azimuth Environmental Consulting Inc., February 9, 2022. Development Services March 6, 2024 Report No. DS2024-005 Page 2 of 14 Page 117 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Analysis Provincial Policies The Provincial Policy Statement (PPS) and Growth Plan for the Greater Golden Horseshoe ("Growth Plan") establish policies intended to provide policy guidance regarding various Provincial interests including, but not limited to Rural Areas and Natural Heritage. The purpose of the policies is to ensure that land use decisions are consistent with the Provincial objectives and ensure that proper justification is provided to ensure that Provincial interests are being maintained. The applicant has submitted a Natural Heritage Evaluation (NHE) report prepared by Azimuth Environmental Consulting Inc, dated October, 2022, with an addendum dated February 9, 2023 in support of the proposed development. In accordance with the NHE, the subject lands contain woodlands and two areas of unevaluated wetlands. The Lake Simcoe Region Conservation Authority (LSRCA) is satisfied with the NHE Addendum in that the proposed glamping use is not expected to have an adverse effect on the identified key natural heritage features or their ecological functions and has no further comment at this stage; however, they will require a Restoration Plan to be submitted for review as part of the Site Plan Application. Planning Staff is of the opinion that the application is consistent with the PPS and conforms to the Growth Plan as the proposed development is compatible with the rural landscape and is not anticipated to have any adverse impacts on the natural features or functions. County of Simcoe Official Plan The property is designated Rural and Greenlands in the County of Simcoe's Official Plan, see Schedule 2. The area where the glamping domes are proposed to be located is currently designated Greenlands. Section 3.8.11 of the SCOP recognizes that the mapping of the Greenlands designation is approximate and indicates that minor adjustments may be considered to the Greenlands mapping to reflect new or more accurate information identifying natural heritage features and areas. The applicant provided a Natural Heritage Evaluation that identifies that there are no natural heritage features present in the areas where the proposed glamping sites and washroom trailer are to be located. The County reviewed the revised documents and have no objection to the proposed Zoning By-law Amendment to permit the glamping use in the non- wooded area. The County will update the Greenlands mapping so that the non-wooded areas on the property be considered part of the Rural designation and the wooded areas be considered as part of the Greenlands designation to reflect a more accurate representation of the natural heritage limits on the subject lands. Based on the above, it is Planning Staff's opinion that the Zoning By-law Amendment conforms with the County's Official Plan. Development Services March 6, 2024 Report No. DS2024-005 Page 3 of 14 Page 118 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Township of Oro-Medonte Official Plan The subject lands are designated Rural and Greenlands in the Township's Official Plan (Schedule 3). The proposed glamping use is currently located within the Greenlands designation; however, as part of the Township's next update to the Official Plan, the Township's Greenlands designation will be refined to conform to the County of Simcoe's mapping which, as discussed above, is being realigned to more accurately reflect the boundaries of the woodland. In keeping with the County's Official Plan update, the area where the glamping use is proposed to be located will be designated Rural, in the Township's Official Plan, which permits small-scale tourist commercial uses. Section 2.6.7 speaks specifically to small-scale tourist commercial uses that are reliant upon a rural setting and are limited to small sale accommodations such as rental cabins. As indicated in this section, small-scale tourist commercial uses shall be subject to Site Plan Control in accordance with Section 5.7 of the Official Plan. The proposed rezoning conforms to the general intent and purpose of the Official Plan as the applicant is proposing small-scall accommodations that are compatible with the rural landscape and secondary to the primary residential use, and the proposed rezoning is not anticipated to conflict with the Official Plan's objectives to protect the natural features as the glamping use would be required to be setback a minimum of 10.0 metres (32.8 feet) from the edge of the woodland. Proposed Zoning By-law Amendment The subject lands are zoned Agricultural/Rural (A/RU) in the Township Zoning By-law 97-95, as amended. The purpose of the applicant's Zoning By-law Amendment application is to rezone portions of the lands to the Agricultural/Rural Exception 352 Hold (A/RU*352(H)) Zone to permit a glamping use along with appropriate development standards (see Schedule 4). The applicant has revised the proposed concept plan to address comments raised by Township staff and the public with regards to matters related to noise, traffic, privacy and protection of the woodlands, to ensure that any conflicts have been mitigated to the best possible extent to ensure compatibility between the proposed use and the surrounding area. The glamping sites are proposed to be located in the middle of the property, over 120.0 metres (393.7 feet) from Line 3 South, in an area that is currently cleared and outside the woodland. The proposed location in the middle of the property addresses some of the concerns that had been raised regarding noise and privacy. The washroom trailer will be located to the north, between the proposed glamping sites and the existing single detached dwelling. One parking space will be required per glamping site and they will be located off the driveway on Line 3 South. Staff has worked closely with the applicant to address all of the technical issues identified to date and it is anticipated that any remaining issues (i.e. restoration plan, parking, signage, stormwater management, etc.) will be satisfactorily addressed through the Site Plan review process. Development Services March 6, 2024 Report No. DS2024-005 Page 4 of 14 Page 119 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... On the basis of the preceding, it is recommended that Council enact the draft Zoning By-law attached as Schedule 5 to this report. The By-law lists the permitted use (glamping) and site-specific provisions related to the proposed use. The By-law permits a maximum of 5 glamping sites and a washroom trailer, with size restrictions and sets a minimum 10.0 metres (32.8 feet) setback from the edge of the woodland and a minimum 15.0 metres (49.2 feet) setback from the drainage feature on the subject lands. The By-law further scopes the glamping use to ensure that it is secondary to the principal residential use of the property and is compatible with the rural character of the area. A Holding (H) provision shall be placed on the property to ensure that Site Plan Approval is in place (plans approved, security provided and agreement registered) before the "H" is removed from the zoning of the lands and a building permit issued for the proposed glamping use. The site plan approval process will address any outstanding items such as the Restoration Plan required from the Lake Simcoe Region Conservation Authority. As part of the Site Plan Application, the applicant will be required to convey a 15.0 metres x 15.0 metres daylight triangle at the intersection of Line 3 South and Ridge Road West to the Township. Based on the above, Planning Staff recommends approval of Zoning By-law Amendment 2022-ZBA-15. Site Plan Application The applicant has not yet submitted a complete Site Plan application which will serve to implement its development proposal. The applicant is in receipt of the circulation comments received to date (including those discussed in this report) and has advised staff that it is working actively to address the comments and requirements, as necessary. In this regard, staff anticipates that these comments will be addressed through the Site Plan Application review process. 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 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Development Services March 6, 2024 Report No. DS2024-005 Page 5 of 14 Page 120 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Corporate Strategic Priorities • Well Planned Development — to ensure the development of complete communities and the protection of our rural character. Consultations Township Development Engineering: o Development Engineering has No Objection to the above noted Application. o A Site Plan detailing Driveway(s), Parking, and other additional information as well as a Stormwater Management Brief shall be required to support a Site Plan Application. Detail to be determined in conjunction with the Proponent and their Consultant(s). • Township Operations Department: o Operations will require a 15m x 15m daylight triangle at Line 3 South and Ridge Road. County of Simcoe Planning: o the County has no objection to the proposed Zoning By-law Amendment to permit the glamping establishment within the non-wooded area of the property as shown on the revised concept plan dated February 14, 2023. The County will update the Greenlands mapping for the property accordingly based on the updated submission received. County of Simcoe Transportation and Engineering: o County Transportation and Engineering staff do not oppose the zoning amendment but would like the opportunity to review and comment on the future Site Plan Application. As the subject property has frontage on a County Road, the County has a roads interest and may have comments or requirements related to: traffic impacts, road improvements, stormwater management, noise and vibration, entrance permits, development setbacks from the County Road, transfers of road widening or daylight triangles, and other County Roads related matters as addressed in the County of Simcoe Official Plan and County of Simcoe By-laws. • LSRCA: o The only remaining item is the restoration plan which LSRCA is comfortable reviewing at the time of detailed design (Site Plan Approval). We have no further comments at this stage. • Huron Wendat First Nations: no comments • 14 letters of objection were received from the public expressing concerns with the proposed development with respect to matters related to traffic, noise, privacy, preservation of woodlands. • 6 letters of support were received from the public. Development Services March 6, 2024 Report No. DS2024-005 Page 6 of 14 Page 121 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Attachments Schedule 1: Applicant's Site Plan Schedule 2: County Official Plan — Land Use Schedule 3: Township Official Plan — Land Use Schedule 4: Proposed Zoning Schedule 5: Proposed By-law Conclusions Planning Staff recommends that Zoning By-law Amendment Application 2022-ZBA-15 be approved to rezone the lands from Agricultural/Rural (A/RU) to Agricultural/Rural Exception 352 Hold (A/RU*352(H)), on the basis that the application conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: Catherine McCarroll, RPP, Senior Planner, February 29, 2024 Approvals: Date: Andy Karaiskakis, RPP, Manager, Planning Services February 29, 2024 Development Services March 6, 2024 Report No. DS2024-005 Page 7 of 14 Page 122 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 1: Applicant's Site Plan r Z 1 m � Wu�A.G�LR�nAl,0.�:&4..aa.(a�Y W ©. vwrmcsmn.xam�nnmroa�� N _ ___ -P�urtroromwim'nr •u•vRo�osmW muixE. txofRH Tou � Site Plan Proud Heritage,Exciting Futurr File Number: 2022-ZBA-15 Development Services March 6, 2024 Report No. DS2024-005 Page 8 of 14 Page 123 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 2: County of Simcoe's Official Plan — Land Use VascyRd. Moonstone-Rd. of HoneSh i ValleyRd� Old B�r a.Rd�- "', v G Iri —Rid,.v I C 'J 20 goo I� IM C 'J Forrester Rd. County of Simcoe — Land Use =3 Subject Lands Agricultural Greenlands Settlements -Rural TOtvnsh' of Proud Heritage,Exciting Future 0 400 M File Number:2022-ZBA-15 ti I I I I I Development Services March 6, 2024 Report No. DS2024-005 Page 9 of 14 Page 124 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 3: Township's Official Plan — Land Use —VaseyRd.— -Maons[one/Nd� I RorseshoeVallepRd� IN M _du Old karne.Rd //- ---------------- �Ridge.�Rpe J Forrester�Rd. Kempenfelt Bay Updated Township Official Plan Land Use «— Subject Lands Agricultural ww Rural Settlements Greenlands No Shoreline Touwhipof Rural Proud Heritage,Exciting Future 0 300 m File Number:2022-ZBA-15 Al' I l l I Development Services March 6, 2024 Report No. DS2024-005 Page 10 of 14 Page 125 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 4: Proposed Zoning i� i e• 20y U M� aJ J Forrester-Rd. Subject Lands ® Lands Rezoned From the Agricultural Rural (A/RU) Zone to the Agricultural Rural Exemption 352 Holding (A/RU*352(H)) Zone Development Services March 6, 2024 Report No. DS2024-005 Page 11 of 14 Page 126 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 5: Proposed By-law The Corporation of the Township Of Ciro-Medonte Ey-Law No-2024-Od5 A Bar-law to amend the zoning Provisions which apply to lands at Ccncaessinn 4WEst Part Lot 28 j0ro� Township of Oro-Merkmte 2022-ZBA-15(van Muyenj Whereas the Council of the Corporation flf the Township of Orc4lecante is emp-owered to pass By laws to regulate fhe use&land pursmnl to Sections 34 cf the Planning,act, R.S.O. 1 DW, a P.13: And Whereas Council deerns it appropriate to rezone the sut•.ect Isnc=_ Now Therefore the:Council of the Township of Oro-h-lecicrte hereby menaMs ss follcv.�-: 1. SchedluleA&to Zoniig Byaaw P7=95•. as amended, is hereby further amended by ohangiig the zone symbol spplyirg to portions of the lanes located in Ccncesslcn 4"test Psrt Lcl 2:3(Oro i,TaW.rtship of C:ro-bledcnte, from the r gricLltira.-Ri.rsl iA RJ)Zone to AgriculluraMural Exception 352 Hold(AJRU".352M,)Zone as shown on Schedule"A' attached and formirg part of this.By-iew. 2. Section 7.0, Exceptions a By-law 07-g5, as amended is hereby further amended by sddirg the follaxing: '7.352*352 Concession 4West Part Lot 2B (Ono),Township of Oro Mednnte (Van htiuryen) 7.:52-1 Permitted Uses Notwilhstendirg Table A4—Agriculturel,'Rurel Zcre and Pe nersl Rggregs'e Resource Zones Permitted Uses and in addi6cn tD the permitted uses it the A1RU Zone,on the lands zoned NRU"352 the following uses are permitled: a] gfamp ig 7.352-2 Provisions Notwilhstendirg any other provi�idn in this by4aw to the-contrary the following pr-Dwisions apply to the permitted use identified in Section 7 3h2.1: lad Maximum number of gfarrrong sites 5 h} Each gfarrrping site shall include: 1 fumishea come tent on a platform vii$h a ccrrrposting loiet. c) MWximum size of the gAni.nOg 3e.0 square meetres J387.5 square platform feet) d� MraKimum number Df%,ashroom 1 trailers e� hllmimum floor eres for the 1 a.0 square metres (172.2 square washroom trailer feeti f) hinimum setback for the y3mp rxj 1 C 0 moires+'32,8 feet, sites and wasl-roc­.tra ler frcr- the; edge of the•.%,ocdlsnd g Minimum setback for the gra„p r g 15 0 metres,40 2 feet;. sites and washrflcm(railer frcr- the drainage feature h} hinimum required parking spas 1 pa,k ng spsDe Der gfarrspfrig si'e for the gAalr;v v use 1� JAnirnum width of fhe dffveGvg/ 6.0 metre f'D.7 feet) lending to the paw area k) The ghm ing use shall tie _ec ridery and incicams' 'c the oc—mitted R1FIgle de:ao 7sa 0,%?i'o'rp Development Services March 6, 2024 Report No. DS2024-005 Page 12 of 14 Page 127 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... on the sar•-e of anc operated L y the resicen is prcper-y owner. 3. S c:hec ile `A' attached to By-lsw No. 2C-24-ODD is declared to form a perl of this By-law. 4. That the Holdirg Provisiar shall be removed afier th-appropriate Site Plan is a,opro,.-_d L.'y the Tc%nship..the relstec Like Plan Ag,eer-ent is registered sr-d the Tcw-i5hip l gs received t-ie securtes •derrtified in the Sipe Plan A.•greemeryt 5. This L-y-lain shal co—ra into a-Ted Lpcn the date of pEBsEge hereof. subject to the provisions.-jf the filar nirg.Act, as amended. By-Law read a Fi rs.t, Second and Th ird Time, and Pas sed thi s C"' Day of Ma roh, 2D2!- The Corporation-Df the Townshi p of Oro-Medonte "or, Randy Greenlaw Deputy CIerk,Janette Teeter Development Services March 6, 2024 Report No. DS2024-005 Page 13 of 14 Page 128 of 153 Ta) DS2025-005, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 'A' To By-Latin No. 2024-005 The Corporation of the Township of Oro-Medonte l I Forest -Rd• 71 Subject Lands Lands Rezoned From the Agricultural Rural (A/RU)Zone to the Agricultural Rural Exemption 352 Holding(A/RU'352(H))Zone This is Schedule'A'to By-Law 2024-005 passed the 6"'day of March. 2024 The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk,Janette Teeter (Application 2022-ZBA-15) Development Services March 6, 2024 Report No. DS2024-005 Page 14 of 14 Page 129 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: March 6, 2024 Report No.: DS2024-033 Subject: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-033 be received and adopted. 2. That Minor Variance Application 2023-A-33 by David Tomingas specifically for permission to build a detached accessory building with an increase in height of 5.3 metres (17.4 feet) and an increase in floor area of 71.3 square metres (768.0 square feet), on lands municipally known as 2249 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-033. 3. The conditions are as follows: a) That the Owner enter into a Development Agreement with the Township to address the following considerations: i. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; ii. That the applicant maintains and preserves the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer if destroyed; iii. That the detached accessory building be designed as a one storey building. The ceiling joists are not to be designed to have a ceiling or floor attached and it will be open to above. Should the applicant Development Services March 6, 2024 Report No. DS2024-033 Page 1 of 14 Page 130 of 153 7.b) DS2024-033- Catherine McCarroll, Senior Planner re- Minor Variance ... wish to create a second storey, the applicant will be required to obtain the necessary planning approvals and a Building Permit. a) That notwithstanding Section 5.1.4 and Section 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 an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 7.5 metres from the front lot line and no closer than 2.0 metres from the interior side lot line; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject property has a lot area _ 2362 of 0.15 hectares (0.36 acres), 2260 according to MPAC records, and 2252 contains a single detached dwelling. 2248 225° 23as 2244 Minor Variance application 2023-A- 2240' � � ,• 33 was presented to Development 2238 aK�o(e F E. ,. t 2265 Services Committee on September 2:26, 2259 1.. 6, 2023. Planning Staff expressed - Z257 4•A 2.255 concerns regarding the original 2253 proposed size of 130.5 square metres (1,405.2 square feet), which 2241 2z43 was significantly larger than the ` 1►223 9-23 dwelling. The Committee deferred the application to provide the applicant the opportunity to address Planning Staff's comments. The application was brought back to the January 17, 2024 Development Services Committee meeting after the applicant submitted revised plans. Planning Staff expressed concerns as the proposed 4.2 square metres (45.2 square feet) reduction in Development Services March 6, 2024 Report No. DS2024-033 Page 2 of 14 Page 131 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... building size was not substantive, which did not alter staff's opinion regarding the application. The application was deferred at the applicant's request. Revised Proposal (Minor Variance) The applicant is proposing a revised application to build a detached accessory building (garage). The revised application represents a significant reduction in proposed building size as the applicants originally intended to incorporate a second storey which has now been removed from consideration. The applicant is now seeking relief to the following sections of Zoning By-law 97-95, as amended: Zoning By-law 97-95 Section: Zone Provision: Required: Proposed: 5.1.4 Maximum Height 4.5 metres 14.7 feet 5.3 metres 17.4 feet 5.1.6 Maximum Floor Area 70.0 square metres 71.3 square metres 753.5 square feet 768.0 square feet)*** Note: The variance from Section 5.1.5 — Maximum Lot Coverage is no longer required as the owner is now proposing to remove the existing pump house to reduce the total lot coverage to less than the maximum permitted lot coverage of 5%. The applicant's site plan, elevation drawings and floor plans are included as Schedules 1, 2 and 3 to this report. Analysis 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: Development Services March 6, 2024 Report No. DS2024-033 Page 3 of 14 Page 132 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Protection Plan (LSPP) Planning Staff is of the opinion that the proposed development is consistent with Section 6.45-DP (c) of the Lake Simcoe Protection Plan (LSPP) as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and it is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The location of the proposed detached accessory building (garage) is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); however, since portions of the property are regulated, the application was circulated to the LSRCA. Based on their review from a natural hazards and watershed management perspective, the conservation authority does not object to the proposed Minor Variance. The LSRCA's full comments can be found in Schedule 4 to this report. Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan (2022) which provide permissions for residential uses and accessory structures needed to support those uses. The proposed variances conform to the general intent and purpose of the Official Plan as the applicant is proposing to build a new detached accessory building, which is accessory to a permitted residential use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. The applicant has requested relief from the Zoning By-law to permit the construction of a new detached accessory building with an increased height and floor area. By-law 97-95 permits detached accessory buildings 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. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided a minimum set back of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential zone is maintained. The proposed detached accessory building will comply with all the required setbacks. A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The proposed detached accessory building (garage) would consist of a floor area of 71.3 square metres (768.0 Development Services March 6, 2024 Report No. DS2024-033 Page 4 of 14 Page 133 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... square feet), which represents an increase of 1.3 square metres and remains subordinate to the main use being the single detached dwelling which has a gross floor area of approximately 81.3 square metres (875.0 square feet). Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, and the proposed variance represents an increase 0.8 metres (2.7 feet) for a height of 5.3 metres (17.4 feet). The proposed building will appear to be two stories; however, the structure will be one storey and fully open to the roof rafters. To ensure that the open area above is not enclosed to create a second storey, and to address other recommended conditions, Planning Staff recommend that as a condition of approval, the Owner enters into a Development Agreement with the Township, that is registered on title and addresses the following in addition to other standard conditions: 1) That the detached accessory building be designed as a one storey building. The ceiling joists are not to be designed to have a ceiling or floor attached and it will be open to above. Should the applicant wish to create a second storey, the applicant will be required to obtain the necessary planning approvals and a Building Permit. 2) That the detached accessory building not be used for human habitation, commercial purposes or for a home industry; and, 3) That the applicant maintains and preserves the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer if destroyed. Based on the above, Planning Staff is satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff conducted a site visit including a review of surrounding properties to view the character and built form of the neighbourhood. The majority of shoreline properties are of similar size and many consist of accessory buildings located in front of the dwelling. Planning approvals have been provided in certain cases to allow larger buildings. The proposed accessory building is similar in both building placement and built form to existing buildings located within the neighbourhood. Therefore, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot as the building will remain subordinate to the main use and would be similar to the built form of accessory buildings in the neighbourhood. 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 inclusive of all relevant planning considerations as follows Development Services March 6, 2024 Report No. DS2024-033 Page 5 of 14 Page 134 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... 1) The proposed application conforms with the Shoreline Residential designation which allows for accessory buildings needed to support the main residential use. 2) The general intent of the zoning by-law is maintained as the accessory structure will remain subordinate to the main use being the house and represents a minor deviation from the built form for Shoreline Residential properties. 3) The development is considered appropriate as the accessory structure is similar in both size and location compared to accessory buildings in the neighbourhood. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations A notice sign was posted on the property and the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. The following consultations were received: • Two letters of support were received. • Two letters of opposition were received stating concerns with regards to the following: o Noise levels associated with the renovations of the dwelling; and, o Drainage and size of the garage relative to neighbouring dwellings. As of the preparation of this report, the following comments have been received from Township Departments and external agencies: Development Services March 6, 2024 Report No. DS2024-033 Page 6 of 14 Page 135 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... • Alderville First Nation — An archaeological assessment will need to be completed prior to disturbing the soils in any way. This property is directly on waterfront, and as such has a high potential for archaeological resources to be present as well as the potential for burials. • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No comment. • Lake Simcoe Region Conservation Authority— See Schedule 4. With respect to the comments received from the Alderville First Nation requesting the preparation of an archaeological assessment, Planning Staff is of the opinion that no planning or archaeological objectives would be furthered through requiring the applicant to undertake an archaeological study in this particular situation as the subject lands are already developed in this established shoreline residential area. However, acknowledgment of the Cultural Heritage Act can be re-iterated within an agreement to implement specific conditions associated with the minor variance. Attachments Schedule 1: Applicant's Site Plan Schedule 2: Elevation Drawings Schedule 3: Floor Plans Schedule 4: Lake Simcoe Region Conservation Authority Comments Dated September 1, 2023. Conclusion Planning Staff recommends that Minor Variance Application 2023-A-33 be approved, specifically to permit construction of an accessory building with an increase in height of 5.3 metres (17.4 feet) and an increase in floor area of 71.3 square metres (768.0 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, February 28, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services February 28, 2024 Brent Spagnol, RPP, Director, Development Services February 28, 2024 Development Services March 6, 2024 Report No. DS2024-033 Page 7 of 14 Page 136 of 153 7.b) DS2024-033- Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 1: Applicant's Site Plan ux:�ma-a.*ftn .-LAKESHORE ROAD '� ' a°�r• Proposed Detached Accessory Buildoeg 1 I I ♦� 1 - I i � I AA I 1 /LypJyryljV ,I 1 �� LO �J(V�°� 1 r LOT 58 s Ti1�.• 40. Rr b ,�� �• -e `a :I;s x peg-cQu R.O-sx Y LAKF,SIMCOE Site Plan Proud Heritage,F.xcitirlq Futurr File Number:2023-A-33 Development Services March 6, 2024 Report No. DS2024-033 Page 8 of 14 Page 137 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 2: Elevation Drawings -err i II ICI jII Y Y 00 00 MOO' 00 00 o o ill Elm 00 00 EXTERIOR ELEVATION n EXTERIOR ELEVATION (� U —k li —•-------i--- -------- ------- ---------------------- III ----------- ®❑- - i I b` - - I EXTERIOR ELEVATION EXTERIOR ELEVATION 3 4 v Elevation Drawings 0 T,,ou u,,; ~�=- I Proud Heritage,Exciting Futurr File Number:2023-A-33 Development Services March 6, 2024 Report No. DS2024-033 Page 9 of 14 Page 138 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 3: Floor Plans 4 A2 A2 k �---��-- I I I I I I I I I I - az� MAIN LEVEL FLOOR PLAN(708 SQ.FT.) ra r n<' 1'Ac7 Yam, ram.' t9 A 1R1141 Ctt• 1 I—ra—�rr�—rs—�—rt—.►—ur—I Irsr Floor Plans Toumship of Proud Heritage,Exciting Futurr File Number:2022-A-33 Development Services March 6, 2024 Report No. DS2024-033 Page 10 of 14 Page 139 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 4: Lake Simcoe Region Conservation Authority Comments Dated September 1, 2023 Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via a-mai:p'anning@oro-medonte.ca September 1,2023 Municipal File No.:2023-A-33 LSRCA File No.:VA-1737DS-082123 Andy Karaiskakis Secretary-Treasurer Deve'opment Services,Township of Oro-Medonte 148 Line 7 South Oro-Medonte,ON LOL 2EO Dear Mr.Karaiskakis: Re: Application for Minor Variance 2249 Lakeshore Rd E Township of Oro-Medonte Owner:David Tomingas Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservation Authority('LSRCA")for review and comment. It is our understanding that the applicant is proposing to construct a detached accessory bui ding(garage)and is seeking relief from the fo.lowing sections of the Township's Zoning By-law 97-9S,as amended: Section 5.1.4—Maximum Height Required: Proposed: 4_S metres(14.7 feet) 5.3 metres(17.4 feet) Section 5.1.5—Maximum Lot Coverage Required: Proposed: 5°0 5.6% Section 5.1.6—h1aximum Voor Area Required: Proposed: 70.0 square metres(753.S square feet) V floor.71.3 square metres(768.0 square feet) 2"d floor:59.2 square metres(637.2 square feet) Total:130.5 square metres(1,495.2 square feet) 120 Bayview Parkway T 905.895.1261 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.46S.0437 Development Services March 6, 2024 Report No. DS2024-033 Page 11 of 14 Page 140 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Region CC,iSr-yawin Jt ihpn7%, Page 2 of 4 Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Pubic Hearing (dated August 15"', 2022) Staff has reviewed this application as per our de egated responsibility from the Province of Ontario to represent provincial interests regarding nature: hazards identified in Section 3.1 of the Provincial Policy Statement, 2020 (PPS) and as a regu:ator; authority under Ontario Regu'ation 179/06 of the Conservation Authorities Act. The LSRCA has also provided comments as per our Memorandum of Understanding(MOU)with the Township of Oro-Medonte. Recommendation Eased on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objection to the proposed Minor Variance subject to the f6lowing condition: • That the owner provide the required fee payment for Minor Variance (Minor— Planner Review Only)of S536.00,as per the LSRCA Fee Schedu e. Site Characteristics Existing mapping indicates the fo louring: • The subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 for shore:ine flooding and erosion hazards. Please note: LSRCA staff have no: attended any site meetings at this location related to the suojec: applications. Development Services March 6, 2024 Report No. DS2024-033 Page 12 of 14 Page 141 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Region rr.-ise-vabon aLthonty Page 3 of 4 2249 Laka•hwe Rd t Or*-Medonle . 9holalina hawds k5W.A aes.r • �w.+�oe..wr to,)ve4 Msl Ml.w.r n.* `1 vncc� Mlw\ Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natura hazards on the subject lands (shoreline flooding and erosion hazards). The proposal is consistent with 3.1 of the PPS as the development would be outside of the shoreline hazard area. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regu ate development in or adjacent to river or stream valleys, Great Lakes and inland lake shore ines, watercourses, hazardous lands and wetlands. Development taking place on these ands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pol ution or the conservation of land are not affected. LSRCA a so regu ates the alteration to or interference in any way with a watercourse or wet and There are regulated elements on this site The proposed development is located outside of the regu ated portion of the property and therefore a permit from the LSRCA would not be Development Services March 6, 2024 Report No. DS2024-033 Page 13 of 14 Page 142 of 153 7.b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance ... Lake Simcoe Re i .r,-tcr'vali�n 0, ;h Page 4 of required at this time. Shou d development and/or site alteration be proposed in the future within the regulated portion of the property, a permit from the LSRCA would be required. Summary Based on our review from a natural hazards and watershed management perspective, we confirm that LSRCA has no objection to the proposed Minor Variance subject to the following condition: • That the owner provide the required fee payment for Minor Variance (Minor— Planner Review Only)of 5536.00,as per the LSRCA Fee Schedule. Given the above comments,it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated;and 2. Ontario Regulation 179/06 does apply to the subject site. A permit from LSRCA wi I not be required prior to the proposed development taking place as it would be outside of the regulated portion of the property. Please inform this office of any decision made by the municipality with regard to this application. We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned(e.dias@lsrca.on.ca) Sincerely, Emma Dias Junior P anning and Natura Heritage Analyst Development Services March 6, 2024 Report No. DS2024-033 Page 14 of 14 Page 143 of 153 7.c) DS2024-035: George Vadeboncoeur, Manager, Planning Special Projects... Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: March 6, 2024 Report No.: DS2024-035 Subject: Information Report on the Status of the Eagles Rest Estates Plan of Subdivision, Application No. 2013-SUB-01 Type: For Information Only Motion No.: Recommendation It is recommended: 1. That Information Report No. DS2024-035 be received. Background The proposed Eagles Rest Estates subdivision is located on lands legally described as Concessions 3 and 4 (Oro), Part Lot 5, RP; 51 R37221, Parts 3 and 4, Township of Oro- Medonte on the north side of Bass Lake Sideroad West, between Line 2 North and Line 3 North. The property comprising 45.77 hectares (113.10 acres) of land and is known historically as the Edgar Occupational Centre. The former Edgar Occupational Centre was developed as a radar base (CFB Edgar) in 1952. In the early 1960's, the property was transferred to the Management Board Secretariat (Ontario) to be utilized as a residential and occupational facility for adults with development disabilities until March 1999 when the facility closed and residents were integrated into the community. The property was serviced with communal water and sewage facilities The proposed Eagles Rest Estates development is to be comprised of 208 single detached residential lots and 14 blocks (see Schedules 1 and 2 for Location Map and 2022 Draft M-Plan). Development Services March 6, 2024 Report No. DS2024-035 Page 1 of 10 Page 144 of 153 In September � 0�, Towns ipC�ouncnapproved a rlevision�oqg plangolln�re�seCf al e Projects... number of lots from 106 lots to 208 lots and approved the related rezoning and draft plan approval extension application. In this regard, the property is currently zoned Residential One (R1), Rural Residential One Exception 262 (RUR1*262), Open Space (OS) and Open Space Exception 263 (OS*263) in accordance with By-law 2020-088, that was passed on September 3, 2020. The approved plan provides for lots having frontages ranging from approximately 20 metres to 34 metres and lot areas ranging from 900 square metres (0.22 acres) to 2800 square metres (0.69 acres). The chronology of Draft Plan Approval and subsequent extensions/approvals is summarized below: Decision Date Lapsing Date Draft Plan Approval 106 Lots August 13, 2015 August 14, 2018 Draft Plan Extension 106 Lots February 14, 2018 February 15, 2021 Draft Plan Extension and Revision September 2, 2020 September 2, 2023 208 Lots Draft Plan Extension August 11, 2023 September 2, 2025 Since 2013, Township Staff and outside agencies have been working with the developer's design team to facilitate development for Eagles Rest Estates. Notable milestone actions associated with this development file are summarized as follows: Date Action/Activity February 2013 Public Meeting for Zoning By-law Amendment and Draft Plan of Subdivision August 2015 Subdivision draft approved to permit 106 single-detached residential lots, 13 Blocks and 7 streets. Site was re-zoned from the Agricultural/Rural (A/RU) and Institutional (1) Zones to the Residential One (R1), Rural Residential One Exception 262 (RUR1*262), Open Space (OS) and Open Space Exception 263 OS*263 Zones. February 2018 Draft Plan Extension March 2020 The Township held a public meeting as required under the Planning Act to obtain public and agency comments regarding the proposed Zoning By-law Amendment and associated revisions to the draft plan. Forty-two conditions of draft approval are approved. Amendment to include: • increase the number of lots from 106 single detached residential lots to 208 single detached residential lots • adjust the boundaries and locations of the Open Space (OS) Zone and Open Space Exception 263 (OS*263) Zone for the purposes of the relocation/ reconfiguration of sewage treatment and pumping station blocks and the relocation of open space and parkland blocks revise the street network Development Services March 6, 2024 Report No. DS2024-035 Page 2 of 10 Page 145 of 153 Se pf e er raf an evision an U 766 in -a mien men p ove rOj2CtS... August 2021 Pre-Servicing Agreement Approved (By-law 2021-091) Developer proceeds at their own risk to undertake servicing and subdivision construction. December 2021 Draft Subdivision Agreement Prepared, which included details of a private water and wastewater system, operated by the developer. Part 3 of the Agreement outlines required works prior to initiating construction and includes approval of engineering design and Environmental Compliance Approval (ECA) by the Ministry of Environment, Conservation and Parks (MECP) and required works prior to issuance of building permits. September 2022 Builders contact Township planning and building staff requesting a review and release of building permits to enable foundation construction to start. Township staff formerly advise builders that the developer is still working obtain necessary MECP servicing approvals and general status of the development file. Building Permit applications cannot be accepted until servicing is installed/approved/operational and after Holding provisions are lifted and Zoning Certificates are issued. November 2022 Draft Municipal Responsibility Agreement for waste water system received and circulated to Township staff and legal counsel for comment. February 2023 Notice of Completion for MCEA received for water and sewer; Township staff and engineering consultant comments provided to design en ineer. March 2023 Confidential Update Report to Council on status of subdivision and seeking direction on servicing. Sewage collection and treatment to remain in private ownership. Township to assume roads in the plan as public highways and the sewage collection system within those highways would be placed there under re istered easements. August 2023 Draft Plan Approval extended two years to September 2, 2025 September 2023 Developer Engineer and Township staff discuss water system and need for certain approvals if it is to be operated as a municipal system. Developer opts to operate the water system as a private system and seek approvals from MECP. October 2023 Township Legal Counsel and Township staff continue to work on MRA for Waste Water System. Township determines that a MRA for the Water System that mirrors the Waste Water MRA would be appropriate. Both are to be included with the Subdivision Agreement as schedules Development Services March 6, 2024 Report No. DS2024-035 Page 3 of 10 Page 146 of 153 Sep a er w to ons ip anning a an eve op dam con i e c ear rOjeCtS... February 2024 conditions of draft approval. As of the date of this report, one condition remains to be cleared. November 2023 Developer Team provides draft Water System MRA to Township for review. Township advised that Developer has hired consultant to prepare financial analysis for the operation of the waste water and water system and the capital replacement reserve. November 2023 Builders submit models to Building Department for review in advance of formal building permit submission. This assists Building Department in managing peak periods and builders in having plans pre-reviewed. September 2023 to Township Staff and Legal Counsel and Developer Team and February 2024 Legal Counsel continue with refinements to Subdivision A reement. November 2023 to Township Staff and Legal Counsel and Developer Team and February 2024 Legal Counsel continue with refinements to MRAs. February 2024 Eagles Rest and Eagles Landing Water and Waste Water Systems Financial Plans received by Township Staff and are reviewed. February 2024 Meeting held with Chief Building Official, Planning Staff and Developer Team to discuss the availability of conditional permits and conditions for same. Developer Team advised that CBO will be operating on the basis of the requirements of the Ontario Building Code. The availability of water for fire fighting purposes is discussed and the developer provides options to meet requirement. September 2023 to Developer Team continues to work on completing the waste date water treatment facility and water treatment and distribution system. Neither one is complete as of the writing of this report. The Developer has indicated April 2024 for completion of both. At the time of drafting this report, the draft Subdivision Agreement and the MRAs for the Water and Waste Water Systems are close to being finalized. Staff are confident that within the next three weeks these documents will be ready for final approval. Discussion on Key Aspects of Subdivision 1. Private Operation of Waste Water and Water Systems As outlined above, it is the developer's intent to retain and operate the private wastewater treatment plant, the water production and treatment plant, the wastewater collection and water distribution systems, and likewise administer the user rates (develop, set, administer, collect) for sewer services in Eagles Rest Estates and Eagles Landing (neighbouring subdivision by same owner) and for the water service for Eagles Rest Estates. The Provincial Policy Statement, the Growth Plan and the Official Plans for the County of Simcoe and the Township of Oro-Medonte all contain policy direction on matters of Development Services March 6, 2024 Report No. DS2024-035 Page 4 of 10 Page 147 of 153 servicing). `None o4these'polclets wou��pre��u�de a p�iva e wa gfe�vatenor Atepecial Projects... treatment systems and public collection system (as preferred by the developer) or hybrid private/municipal service with an associated MRAs. Both servicing approaches would arguably comply with legislation and conform to policies. Staff prefer either an all private or all public system and do not support a hybrid system based on experiences in other areas. Both the Waste Water and Water MRAs have specific requirements for securities to ensure the efficient and effective operation of both systems and securities to cover lifecycle replacement costs. The selection of the operator of both systems is vital to the success of this arrangement. For the operation of both systems, letters of credit are required to cover the estimated cost of operating the system for one year. For the lifecycle replacement costs, the owner is required to provide financial security through the establishment of a Capital Reserve Security and a Capital Reserve Fund for both systems. The amounts for each will be based on the financial plan currently being reviewed by staff and will be reviewed every five years to ensure that the amounts remain current. Any required maintenance of the pipes in the ground will have to be approved by the Township and full restoration of the road by the owner to the Township's satisfaction will be required. Language is to be placed in each purchase and sale agreement advising of the private water and wastewater systems and signage is to be placed at the entrances to the subdivision advising of same. 2. Retaining Walls The retaining walls were constructed under the pre-servicing agreement approved by Council in 2021 and were generally built in accordance with the overall lot grading drawings for the amended plan of subdivision included with the pre-servicing agreement. The developer's surveyor is to confirm that the walls have been built entirely on the developer's property and not encroaching on the road allowance. Where retaining walls abut private lots, they form part of the private lot and will be the home owners responsibility to maintain. Informal internal discussions have taken place on measures that could be implemented to lessen the visual impact of the retaining walls facing Bass Lake Side Road. 3. Bass Lake Sideroad and Line 3 North Rehabilitation There is language in the subdivision agreement requiring the developer to complete restoration works along Bass Lake Sideroad and Line 3 North adjacent the plan of subdivision to the sole satisfaction of the Township or provide cash-in-lieu to the Township. Development Services March 6, 2024 Report No. DS2024-035 Page 5 of 10 Page 148 of 153 476nas ap ng-035: George Vadeboncoeur, Manager, Planning Special Projects... There is language in the subdivision agreement requiring the developer to plant two 2.4 metre or taller hardwood trees of a minimum 50mm caliper on each lot to the satisfaction of the Township. In addition, the developer is required to plant trees with the same specifications around the perimeter of the park. A full landscaping plan, prepared by a Landscape Architect was submitted and reviewed by Township staff. 5. Park Development A 1.33 hectare (2.47 acre) park block at the rear of the subdivision is being dedicated to the Township. The park is to be completed in accordance with the Park/Landscape drawing prepared to the satisfaction of the Township at the Owner's expense. Play equipment and furnishings shall be selected by the Township. The Owner is also providing Cash-in-lieu of parkland as compensation for the reduced size of the park. Conversations have taken place with the developer about recognizing the former Edgar Radar Base as part of the park. 6. Status of Servicing Water and sanitary mains along with storm sewers have been installed throughout the subdivision along with curbs and base course of asphalt in accordance with the pre- servicing agreement. A storm water management pond and lagoon pond are being constructed and are close to completion. Street lights, bell and natural gas were all installed over the last few months. Work continues on the wastewater treatment plant and water production treatment plant with the developer's goal of having the systems operational by April 2024. As of the writing of this report, work has yet to commence on the required upgrades to the existing water reservoir. 7. Construction of Homes and Occupancy The builders would like to start construction of homes in May 2024 with occupancy in May 2025. The developer has approached the Township on behalf of the builders about obtaining conditional building permits to commence construction as soon as possible. A meeting was held with Township staff and Solicitor and the developer and his team including solicitor. It was determined that conditional permits will be considered under the requirements of the Ontario Building Code. Typically, they are only issued within 120 days of all requirements of the subdivision agreement being satisfied. An important consideration is the availability of water for fire protection as construction is taking place. The developer has proposed an alternative to the full commissioning to the private water system to provide fire protection that is under review by the Township. 8. Securities The developer posted over $8.OM in securities as part of the approval for the pre- servicing agreement. Approximately $7.OM is required for the balance of the subdivision works, not including the securities for the private water and wastewater systems which will be itemized and provided under the MRAs for both systems. These Development Services March 6, 2024 Report No. DS2024-035 Page 6 of 10 Page 149 of 153 securities afire 20ed4t0 enSuCr'e t�ia heaequben woeps'uM n esUb�a IsnongagrgemenitProjeCts... are completed in accordance with the agreement and Township standards. 9. Next Steps • Township Staff and Solicitor need to finalize the Subdivision Agreement and Municipal Responsibilities Agreements with the developer and his team. • Once finalized, they need to be approved and signed. • A final subdivision plan needs to be prepared, reviewed by Township staff and signed. • The Subdivision Agreement, including MRAs and Subdivision Plan need to be registered on title. Financial/Legal Implications/Risk Management On September 5, 2023, the developer appealed the subject Draft Plan of Subdivision application to the Ontario Land Tribunal (OLT) pursuant to Section 51(43) of the Planning Act due to Council's failure to approve the Draft Plan of Subdivision. He subsequently placed his appeal on hold to allow for the approval process to take place. There are potential financial and legal implications depending on the outcome of decisions and whether the pending appeal is processed in its' entirety or withdrawn. 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 • MECP Design Guidelines for Drinking Water Systems, 2008 Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations • Director, Development Services • Director, Environmental Services • Manager, Development Engineering • Manager, Planning Services • Chief Building Official • Manager, Infrastructure and Capital Projects • Township Solicitor (Russell, Christie, LLP) Development Services March 6, 2024 Report No. DS2024-035 Page 7 of 10 Page 150 of 153 Attachc)DS�024-035: George Vadeboncoeur, Manager, Planning Special Projects... Schedule 1: Location Map Schedule 2: Draft Plan of Subdivision Conclusion This is a legacy planning file that dates back to 2013. There has been a concerted effort by all parties since September 2023 to clear draft plan conditions, finalize the Subdivision Agreement and Municipal Responsibility Agreements, and finalize the Subdivision Plan. Staff feel confident that these are within reach through the cooperation of everyone involved. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects February 29, 2024 Approvals: Date: Andy Karaiskakis, RPP, Manager of Planning Services February 29, 2024 Kamil Burdyna, Manager of Development Engineering February 29, 2024 Michelle Jakobi, Director, Environmental Services March 1, 2024 Development Services March 6, 2024 Report No. DS2024-035 Page 8 of 10 Page 151 of 153 scnedu`Yeg5J024,03!ocation In George Vadeboncoeur, Manager, Planning Special Projects... 0 Ln n rt � r = a a cn � Line-2-N. Line 3 N. d J CD � v r m C CO ]'ftirf-eT41Nw-- L. _ Rme 4 N. Development Services March 6, 2024 Report No. DS2024-035 Page 9 of 10 Page 152 of 153 7 uq 05�0 raWt uA,GeoAQadeboncoeur, Manager, Planning Special Projects Sched VISIO an J T TA STRE ET 5 H P "v- zm STREET D ZI 41 A. Development Services March 6, 2024 Report No. DS2024-035 Page 10 of 10 Page 153 of 153