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04 03 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda �.` Township of Electronic Hybrid Meeting Proved Heritcgge, Exciting Future Wednesday, April 3, 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 Page 1 of 176 historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 16 a) Minutes of Development Services Committee meeting held on Wednesday, March 6, 2024. 03 06 2024 Development Services Committee Minutes 5. Public Meetings: 17 - 25 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Part of Lots 11, 12, 13, 18 and 19, and all of Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33, and 34, and part of Craig Street and Part of First Street, Registered Plan 91, and Part of Lot 41 and 42, Concession 1 E.P.R., and Part of the South Half Lot 42 Concession 1, Township of Oro-Medonte (formerly Medonte, County of Simcoe) 2024-ZBA-01 (Craighurst Limited Partnership). Notice of Receipt of Complete App PM (Craighurst Limited Partnership) 5a Presentation 6. Public Hearings: 26 - 47 a) 5:45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-10, Mark and Joanne Beattie, 14 Dorothy's Drive. DS2024-044 6a Presentation 6a Agent's Presentation 48 - 66 b) 5:55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-12, Glenn DeCiccio and Cheryl Gilas, 19 Forest Hill Drive. Page 2 of 176 DS2024-040 6b Presentation 67 - 88 c) 6:05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-17, Karin & Tony Sotirakos, 8 Oak Place. DS2024-039 6c Presentation 89 - 108 d) 6:15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-18, Joanne & Alan Fennell, 153 Moon Point Drive. DS2024-045 6d Presentation 109 - 132 e) 6:25 p.m. DS2024-041, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-19, John Randall, 928 Bass Lake Sideroad. DS2024-041 6e Presentation 133 - 150 f) 6:35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-11, William and Chres Lee, 23 O'Connell Lane. DS2024-046 6f Presentation 7. Reports of Municipal Officers: 151 - 161 a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2023-B-16 by Northern Diversified Ltd. (Bruce North), 10 Line 12 North. DS2024-037 162 - 171 b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning By- law Amendment Application 2023-ZBA-17, Trevor Moore, Jennifer Moore, Kevin Moore, 625 Line 12 North [Refer to Item 5b) 04 03 2024 Council Agenda]. DS2024-038 172 - 176 c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Temporary Trailer Agreement, 245 Tudhope Boulevard, Gordon and Terri Hoernke. [Refer to Item 5a) 04 03 2024 Council Agenda]. DS2024-042 8. Next Meeting Date: May 1, 2024. 9. Adjournment: a) Motion to Adjourn. Page 3 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte Development Services Committee Minutes Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, March 6, 2024 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Regrets: Councillor Lori Hutcheson Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Manager, Planning Special Projects; Michelle Jakobi, Director, Environmental Services; Kamil Burdyna, Manager, Development Engineering; Catherine McCarroll, Senior Planner, Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 12 Page 5 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 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. DSC240306-1 Moved by Schell, Seconded by Bard It is recommended that the agenda for the Development Services Committee meeting of Wednesday, March 6, 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, February 7, 2024. Motion No. DSC240306-2 Moved by Clark, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, February 7, 2024 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 12 Page 6 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. 6. Public Hearings: a) DS2024-031, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-02, Craighurst Limited Partnership, 1932 Horseshoe Valley 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 Jay Beech (Craighurst Limited Partnership). The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 26, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Severn Sound Environmental Association dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 27, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Celeste Phillips, agent on behalf of applicant, was present. Jay Beech, 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. DSC240306-3 Moved by Greenlaw, Seconded by Bard It is recommended 1 . That DS2024-031 , George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-02, Craighurst Limited Partnership, 1932 Horseshoe Valley Road 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 DS2024-031 . 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 12 Page 7 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. b) DS2024-034, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-03, Clifford Deumer and Kim Shettell, 6 Cumberland Court. 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 Clifford Deumer and Kim Shettell. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Severn Sound Environmental Association dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 26, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Clifford Deumer, 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. DSC240306-4 Moved by Young, Seconded by Schell It is recommended 1 . That DS2024-034, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-03, Clifford Deumer and Kim Shettell, 6 Cumberland Court 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 DS2024-034. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 12 Page 8 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. c) DS2024-028, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-09, Heritage Estates Events Inc., 421 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Walter Vaz (Heritage Estate Events Inc.). The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 26, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 27, 2024; Correspondence package submitted by Peter/Jocelyn McArthur dated February 27, 2024 and March 5, 2024; Correspondence package submitted by Walter Vaz dated February 27, 2024 and March 3, 2024; Craig Flegel dated March 1 , 2024; Kim Hickling dated March 3, 2024; Correspondence package submitted by Lindsay Bernier dated March 3, 2024; Les Brown dated March 4, 2024; Philip Lanzarotta dated March 4, 2024; Dawn Richards dated March 5, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Walter Vaz, applicant, was present. Gary Bell, Skelton Brumwell, agent on behalf of applicant, was present. The following public comments were provided: Ted Redman provided comments that where they live, they hear the music but it is not loud and they cannot hear noise when in their house. Dave Burgess provided comments that they live 1 km away from property, have yet to hear any music, have more concerns and problems with the traffic, they hear Burl's Creek and they are located 12 km away, is in favour of application as it does not cause issues and is a benefit to the property. Ruth Howorth provided comments in support of the minor variance application, lives in community and works in hospitality in the tourism region, the enhancements have brought great benefits to the community and also locally economically, they are working with the Township and hope for approval of application. Les Brown provided opposition comments, he lives in one of three houses in the area directly affected, he has no benefit of a forest buffering noise, comments of the bass sound which travels through the ground, shakes windows/walls, has submitted complaints, questioned the number guests on the property, questioned if the applicant produces wine, the entitlement to have a business, website prices are for every day of the week, the disruption of his leisure time and when he retires, application is not minor as it is major, sounds like it is going to be approved, the hope that the noise issue will be addressed as it is every day, does not want noise after 11 :00 p.m. at his property, vs. Burl's Creek is only 3-4 times a year. Page 5 of 12 Page 9 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Philip Lanzarotta provided opposition comments, agreed to original rezoning and Agri Tourism application intended for local wine as primary use and to promote products, local artisans and community fundraisers, now is not the case and has grown into large scale enterprise consisting of large weddings 7 days a week, did not agree to this type of application, submitted noise after 11:00 p.m. complaints, understands there have been no noise by-law infractions to date, even if in agreement there should be measures in place between now and November, has no confidence this will be done and noise will continue to 2:00 a.m. every night. Craig Flegal provided opposition comments, major concerns regarding property, what approval of a variance will mean for his young family, if allowed variance which will then allow all ancillary issues being in place, tent allows for large scale weddings to take place in a large scale event, there is a gross increase in traffic all day for vendors, large scale trucks down road, family cannot enjoy their backyard and outdoors, comments of 34 events between August 4 and October 28 - 25 of which there were issues that they called in regarding excessive noise. He does not hear traffic from highway, white noise only, comments of wanting a peaceful community, have videos and documentation, sound levels cannot be justified how loud the noise is, enduring the entire summer of issues vs. Burl's Creek events being 3-4 days a year. Comments were provided of loud obnoxious intoxicated people during the day, no sense of security or peaceful environment has disappeared, would have liked to work out issues neighbour to neighbour but dismissed by applicant, noise by-law outdated and comments of amplified sound or decibel readings, hope one of the conditions is zero music to hear at all after 11 :00 p.m. and mitigation issues should be in place before this time. Comments were provided that unfortunately, no respect for all involved, would like a respectful solution for both, want rules to be followed and the want to live in peace and enjoy his property, same as applicant. Peter McArthur provided opposition comments, referred to and read submission submitted on March 5 re history of property, proposed application, opposition comments the application is not minor, comments of past permits, construction of buildings/parking lot, no approval for plans/permits, permits submitted in previous years, hosting events and hostility of public interaction, noise by-law has no decibel readings, comments regarding obtained correspondence regarding past pre-consultation meetings, correspondence sent to the applicant and history of process. Lori Anne Lowdoyal provided comments, enhancement of property and work that has been done and welcoming, believes in agricultural tourism, hopes he has a good chance to succeed, believes real estate agent of no issue with conflict of the centre, and will support giving the applicant a chance of due process. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 6 of 12 Page 10 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Motion No. DSC240306-5 Moved by Greenlaw, Seconded by Clark It is recommended 1 . That DS2024-028, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-09, Heritage Estates Events Inc., 421 Penetanguishene Road 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 DS2024-028. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. d) DS2024-032, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-08, Jan Daly, 906 Moonstone Road West. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Jan Daly. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Severn Sound Environmental Association dated February 26, 2024; Township of Oro-Medonte, Building Division dated February 26, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. John Kennedy, agent on behalf of applicant, was present. Jan and Ron Daly, applicants, were present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 7 of 12 Page 11 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. Motion No. DSC240306-6 Moved by Clark, Seconded by Bard It is recommended 1 . That DS2024-032, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-08, Jan Daly, 906 Moonstone Road West be received. 2. That Minor Variance Application 2024-A-08 submitted by Jan Daly, specifically to: o permit a kitchenette in an accessory building, o permit an accessory building with a maximum height of approximately 6.7 m (22.0 ft), o a floor area of approximately 344.76 sq.m (3,711 sq.ft), and, o 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 DS2024-032, as amended, to add as an additional condition: • That the owner provide a legal undertaking to remove the addition to the grey accessory building on the property to bring it into compliance with the building permit issued for the building. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. e) DS2024-030, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-06, Robert Drury, 661 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Robert Drury. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 21 , 2024; Township of Oro-Medonte, Environmental Services dated February 21 , 2024; Ministry of Transportation dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Township of Oro- Medonte, Building Division dated February 27, 2024; County of Simcoe, Transportation and Engineering Department dated March 1 , 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Andrew McIntyre, 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. Page 8 of 12 Page 12 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. 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. DSC240306-7 Moved by Schell, Seconded by Greenlaw It is recommended 1 . That DS2024-030, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-06, Robert Drury, 661 Penetanguishene Road 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 DS2024-030. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. f) 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). 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 Garrett Hookey. The following correspondence was received: Beausoleil First Nation dated February 22, 2024; Township of Oro-Medonte, Operations Division dated February 23, 2024; Nottawasaga Valley Conservation Authority dated February 26, 2024; Township of Oro- Medonte, Building Division dated February 26, 2024; Dave/Erin McFarland dated March 5, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Ryan Randell, agent on behalf of applicant, was present. Bruce MacDonald provided comments with respect to the wetlands across from property, history comments of previous owner and property, believes it is more of a ditch, water does not go anywhere, mostly dry and may be potentially from the grading of the road, and comments that may impact future applications. Staff confirmed that no additional public registrations were received. Page 9 of 12 Page 13 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. 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. DSC240306-8 Moved by Young, Seconded by Clark It is recommended 1 . That 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) 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. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 7. Reports of Municipal Officers: a) 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]. Motion No. DSC240306-9 Moved by Bard, Seconded by Greenlaw It is recommended 1 . That DS2024-005, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment 2022-ZBA-15, Lisa Van Muyen, 1211 Line 3 South, 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. That the applicant be advised of the Committee's decision under the Director, Development Services signature. Carried. Page 10 of 12 Page 14 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. b) DS2024-033: Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-33, David Tomingas, 2249 Lakeshore Road East. Motion No. DSC240306-10 Moved by Schell, Seconded by Clark It is recommended 1. That DS2024-033, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-33, David Tomingas, 2249 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2023-A-33 by David Tomingas specifically for permission to build a detached accessory building with an increase in height of 5.3 metres (17.4 feet) 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 DS2024-033. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 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 . Motion No. DSC240306-11 A% Moved by Greenlaw, Seconded by Young It is recommended that 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 be received for information only. Carried. 8. Next Meeting Date: Wednesday, April 3, 2024. Page 11 of 12 Page 15 of 176 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 6, 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC240306-12 Moved by Bard, Seconded by Schell It is recommended that we do now adjourn at 8:25 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 12 of 12 Page 16 of 176 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for 0 Proposed Amendment to the Zoning By-law of laved Ilnii.1r,F,+dtlwt F....,. the Township of Oro-Medonte 2024-ZBA-01 (Craighurst Limited Partnership) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 2nd day of February, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on April 3, 2023 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Part of Lots 11, 12, 13, 18 and 19, and all of Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, 33, and 34, and part of Craig Street and Part of First Street, Registered Plan 91, and Part of Lot 41 and 42, Concession 1 E.P.R., and Part of the South Half Lot 42 Concession 1, Township of Oro-Medonte (formerly Medonte, County of Simcoe). A key map illustrating the location of the subject lands is included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to further amend the zoning of the lands zoned Residential One Exception 301 (R1*301)and Residential Two Exception 343 (R2*343)to provide relief from the following Sections of the Zoning By-law: 1) Section 5.9— 1.5 metres (4.9 feet)encroachment into the required front and rear yards; 2) Section 5.20.2.3— 1.2 metres (3.9 feet) interior side yard setback for driveways accessing a single detached or semi-detached dwelling; and, 3) Section 5.20.2.4—No driveway shall be located within 10.5 metres(34.4 feet) of the intersection of the front lot line and exterior side lot line on a corner lot. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to planning(5)oro-med onte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any Page 17 of 176 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(o)_oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal(OLT)and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services plan ning(@oro-medonte.ca Dated at the Township of Oro-Medonte this 131h day of March, 2024. Location Map 193 C Q4..ocee-CIS Horseshoe=Valle-y-Rd.W. r ®Subject Lands Page 18 of 176 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch EP'3C2 a m m a e n Horseshoe Valley Road RESIDENTIAL ONE EXCEPTION 301(R1'301)ZONE RESIDENTIAL TWO EXCEPTION 343(R2'343)ZONE Page 19 of 176 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... �} w w 01 o x N O Imo;-, •p�_2uaysin6ue)auad _ 4-0 o Yv? U � A � o o— n CL � CIO .�_ o .o O X N w N O � X0N w � Cu 'a) N N + J M � N N C Q t6 — +r = O Cn > ._ O .� CM CO •� .CM S. N � O p L N Page 20 of 176 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... w CD 0 w { 4 < n,;<1a Tv e / WK O ■ Sr u M1 v♦ A a U � W ' C I, V n Q1 W 9 � U t 0 0 a. to Page 21 of 176 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Q m � N I ■ ■ i o a x W z N N w m A\ r4, eYi 2 4-0 Z r o • � •- C W W Q � a L O L O C O O J N •(� (6 i CO M U O 4-1 N `~ O — N •C ^, O cn (6 Cn N C O a) O '� +� O N 3 — O C O O N _ O U a C N O a) r j, N `~70 M M N U (6 U cn _ O + O 70 O P . O (� O i� L L N Q) a (6 o O N N 0 O N O N - E O CO M � Co of 't O o00 En I cn D _0) oM c I c cv cal a� O ICI 0 U O � O O vi O �+ O O C N N En X � c U V U O U L O W '� a) O C a) }' ,� O p N C U O U) a) >+ U) cn .� U) O U a Q O W N CM Page 22 of 176 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... } w M F= W N I N �n Olid i..� _ •p _ ! r9kl:•ll yip: 4d 3�iiei :° 4-0 i , — % Cu ,F 4 i 1 f i i I 1 1 1 I 1 I v 's M� W � O a � N � � 0 0 Page 23 of 176 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Q m � N O r- Cn O � (DOp :4 CI • v s�°k U m 0 O v � aCn Page 24 of 176 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... w D �f o O �Cn x Q o E m .cn N U —� CDo U a� E N a� C: (n O 4- j t6 U (n }? Q4-0 O � O N � +r N i L N t6 o L QO � OCO O p 'U L � > ■O j p O > m cn N U t6 N N O U 2: Page 25 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: April 3, 2024 Report No: DS2024-044 Subject: Minor Variance Application 2024-A-10, Mark and Joanne Beattie, 14 Dorothy's Drive Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-044 be received and adopted. 2. That Minor Variance Application 2024-A-10 by Mark and Joanne Beattie specifically to construct a 8.6 square metre (92.5 square feet) enclosed front entry addition to the existing dwelling with a reduced front yard setback of 5.9 metres (19.3 feet) on lands municipally known as 14 Dorothy's Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-044. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; 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; 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 or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, Development Services April 3, 2024 Report No. DS2024-044 Page 1 of 10 Page 26 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... that the enclosed front entry addition is no closer than 5.9 metres (19.3 feet) from the front lot line; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of the report is to x' provide information and a staff r � recommendation for minor variance application 2024-A-10 with respect to a proposal to w ' construct an enclosed front entry addition to the existing single o�r�rhys�� r detached dwelling. The subject property has a lot area of 0.14 hectares (0.36 acres) and contains a single detached dwelling and a detached accessory building. Minor Variance Proposal The applicants are proposing to EXSTING Il Poo: construct a 8.6 square metre (92.5 1 1 square feet) enclosed front entry C EXSTING j DECK addition to the existing dwelling and 1 are seeking relief to the following section of Zoning By-law 97-95, as amended: 1 EXISTING 4 Io 3 HAR05GAPE AND STAIR5; -, PROPOSED NI.�I A COVERED ENTRY < 8.66m2 Development Services April 3, 2024 Report No. DS2024-044 Page 2 of 10 Page 27 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Table B1 — Minimum Front Yard Setback Shoreline Residential (SR) Zone Required: Proposed: 7.5 metres 24.6 feet 5.9 metres 19.3 feet The applicants' site plan and elevation plans are included as Schedules 3, 4 and 5 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: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings. 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 BV-law? The subject property is zoned "Shoreline Residential (SR)" in the Township's Zoning By- law 97-95, as amended. Single detached dwellings are permitted in the (SR) Zone. The applicants are proposing to reduce the required front yard setback from 7.5 metres (24.6 feet) to 5.9 metres (19.3 feet) to facilitate the construction of the enclosed front entry addition. The primary purpose of the front yard setback is to provide spatial separation between structures and the road, as well as to provide space for access around a structure, maintenance, and parking. Notwithstanding the proposed variance, Planning Staff are of the opinion that the proposed setback will provide an adequate separation from the lot line and not restrict parking on the lot, since the addition will not interfere with the large Development Services April 3, 2024 Report No. DS2024-044 Page 3 of 10 Page 28 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... driveway on the property. The Township's Operations Department does not have any objection to the reduced setback. As such, Planning Staff is of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff does not expect the proposed addition to look out of place or detract from the character of this established residential neighbourhood. It is anticipated that the variance will not have an adverse impact on the character of the surrounding area as covered entry areas are common built form for houses. The location of the proposed addition will not interfere with functional matters on the lot such as parking or the septic system. 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 variances generally relates to their scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is 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 April 3, 2024 Report No. DS2024-044 Page 4 of 10 Page 29 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... 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 — no comments. • 2 letters of support from neighbours. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plans Schedule 5: Applicant's Elevation Rendering Conclusion Planning Staff recommend that Minor Variance Application 2024-A-10 be approved, specifically to construct a 8.6 square metre (92.5 square feet) enclosed front entry addition to the existing dwelling with a reduced front yard setback of 5.9 metres (19.3 feet) on lands municipally known as 14 Dorothy's Drive 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, March 26, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services March 27, 2024 Development Services April 3, 2024 Report No. DS2024-044 Page 5 of 10 Page 30 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Schedule 1: Location Map w. 623 96 Kennedy Ave. wn«n vu.xd=. 663 2 1 109 179 185 3 107 183 2 1 665 4 105 4 3 667 6 9 11 13 5 4 3 15 8 M O 7 6 5 669 a aryAosa Cres, > 9 8 7 1 670 10 12 14 L 11 16 18 10 9 2 4 6 8 m 12 13 12 10 15 11 12 14 16 14 777 5 ROS119 Q 18 20 16 13 7 r. 2 4 9 11 13 15 17 22 1 5 4 a y 6 8 10 19 N 6 y 1 DorOthYS Or 12 14 22 19 24 c 3 fie, 3 J 7 9 16 Vy``P 5 13 +�Q 4 5 g 2 4 6 27 28 Ga 23 03 9 8 6m� 66 YYO 10 '8 60 8 3 64 3 nne s, n 20 54 35 21 925 39 37 18 59 943 42 43 ^A 51 62 ` de 961 47 4 A�� 41 45 ote psoln(A 46 28 963 50 16 Pve• 10 ��an�eY 35 1076 6 - Lake T10721074 Poplar 1 117 I 9 Simcoe 105 109 N n 1070 3 7 Location Tortmshi o ® Subject Lands /(� __ _ - f (W G Proud Heritage,Exciting Future 0 100 m File Number:2024-A-10 N I i i i I Development Services April 3, 2024 Report No. DS2024-044 Page 6 of 10 Page 31 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Schedule 2: Aerial Photo Id W 17 Ra M aria dap Or. Ritl[e RJ.W. � r iF R Dproth � f j . )P C ~QS, Aerial Q Subject Lands 0To Proud Heritage,Exciting I nim 0 100 rn File Number:2024-A-10 ^" I t t t I Development Services April 3, 2024 Report No. DS2024-044 Page 7 of 10 Page 32 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Schedule 3: Applicant's Site Plan 1 i EXIST NG 1 GARAGC `1 l 1 � l 3 t Exlssrv- PbOLV 1 )1 t / '_XISTING I JELK /! I 99M Ili 9gm_ Ext YANG DWELLING �Y�2 alp t 1 bb K 91m i It w E%ISYING a HARDSLAPt 33 AND STAIRSi t 3 PROPOSED �^� COVERED ENTRY T BtNN DOROTHY'5 DRIVE Site Plan Proud Hrritgrr,F.xritigjT Futerr File Number:2024-A-10 Development Services April 3, 2024 Report No. DS2024-044 Page 8 of 10 Page 33 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Schedule 4: Applicant's Elevation Plans LO I-rim I I I I t o 1 I I 1 I E1 ELEVATION ROAD SIDE E3 ELEVATIONS.LEFT SIDE A-1.0. SCALE:WiF 1'-V A-10. SCALE 3l16'=V.W---------------------------------------------------- - -'� I I I I 1 I — I I I I E3 ELEVATION:ROAD SIDE -E-4_ ELEVATION:RIGHT SIDE SCALE:wir=1'-0- A-1.0. SCALE:3i16' E �Elevations �. To f Proud Heritage,Exciting Futurr File Number:2024-A-10 Development Services April 3, 2024 Report No. DS2024-044 Page 9 of 10 Page 34 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... Schedule 5: Applicant's Elevation Rendering Iff Tou f Rendering Proud Heritage,Exciting Frrturr File Number:2024-A-10 Development Services April 3, 2024 Report No. DS2024-044 Page 10 of 10 Page 35 of 176 6.a) 5.45 p.m. DS2024-44, Andy Karaiskakis, Manager, Planning Services r... 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Z O (/) W D a Page 47 of 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... 4� Tc hip of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: April 3, 2024 Report No.: DS2024-040 Subject: Minor Variance Application 2024-A-12, Glenn DeCiccio and Cheryl Gilas, 19 Forest Hill Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-040 be received and adopted. 2. That Minor Variance Application 2024-A-12 submitted by Glenn DeCiccio and Cheryl Gilas, specifically to: permit an accessory building with a maximum height of approximately 4.8 m (15.8 ft), • a floor area of 167.18 sq.m (1,800 sq.ft), and, • a setback of 1.0 m (3.8 ft) from both the interior side lot line and rear lot line. on lands known municipally as 19 Forest Hill Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-040. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.3 b & d, 5.1.4, 5.1.6 of the Zoning By- law, the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the height, area, and setback of the accessory building from the interior and side lots 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; Development Services April 3, 2024 Report No. DS2024-040 Page 1 of 9 Page 48 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached Accessory Building is located no closer than 1.0 metre (3.8 feet) from the interior side and rear property lines; e) 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 owners are proposing to `—� construct a 167.18 square metre " 9 I 7 I s , (1,800 square foot) accessory Jbuilding (two bay garage) at the 'S I Forest Hill Dr.—� — rear of their irregular shaped io )— T property at 19 Forest Hill Drive. 17 I e s I The property is 1.3 hectares (3.2 acres in size with a single family _1--1--L— ) g Y 16 home and attached garage located near the rear of the 18 322 I property. An aerial photo is Iz attached as Schedule 1 to this --- —7; report. 358 Minor Variance Proposal The owners are seeking relief from the maximum size, maximum height, and setbacks from the rear and interior lot lines for a proposed detached garage under the provisions of Zoning By-law 97-95, as amended. The applicants' sketch is attached as Schedule 2 to this report and elevation drawings are attached as Schedule 3. Sections 5.1.3 b), d), 5.1.4, and 5.1.6, Zoning Provisions for an accessory building (detached garage) are as follows: Section 5.1.3 b Rear Lot Line Setback Required: Proposed: 1.0 metres 3.28 feet Development Services April 3, 2024 Report No. DS2024-040 Page 2 of 9 Page 49 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... Rear yard setback for a detached garage — 2.0 metres 6.5 feet Section 5.1.3 d Interior Side Lot Setback Required: Proposed: Interior yard setback for a detached 1.0 metres (3.28 feet) garage — 2.0 metres 6.5 feet Section 5.1.4 Maximum Height Required: Proposed: Maximum height for a detached garage — 4.78 metres (15.8 feet) 4.5 metres 14.7 feet Section 5.1.6 Maximum Floor Area Required: Proposed: Maximum floor area for a detached garage 167.18 square metres (1,800.0 square - 70 square metres 735.5 square feet feet 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 Rural Residential under the Township Official Plan and Rural and Greenlands under the County Official Plan. The Greenlands designation covers the front half of the property. County and Official Plans generally allow for the consideration of ancillary accessory uses on residential properties. The existing house and proposed garage are located on lands designated Rural and Staff is of the view that the proposed variance conforms to the general intent and purpose of the Township and County Official Plans as the buildings will be accessory to the main residential use of the property within an established residential neighbourhood. Development Services April 3, 2024 Report No. DS2024-040 Page 3 of 9 Page 50 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... Do the variances conform to the general intent and purpose of the Zoning By-law The subject property is zoned Rural Residential One (RUR1) under the Township's Zoning By-law 97-95, as amended. Accessory buildings are permitted in this zone subject to certain provisions (building size, minimum setbacks and height). BY-LAW 97-95 BY-LAW PERMITTED PROPOSED SECTION VARIANCE Accessory Building Rear Section 5.1.3 b 2.0 metres (6.5 feet) 1.0 metres (3.28 feet) Yard Setback Minimum Accessory Building- Interior Side Section 5.1.3 d) 2.0 metres (6.5 feet) 1.0 metres (3.28 feet) yard Setback Minimum Accessory 4.5 metres (14.7 Building Height Section 5.1.4 feet) 4.78 metres (15.8 feet) (Maximum) Accessory Building Floor Section 5 70 square metres 187.18 square metres Area .1.6 (735.5 square feet) (1,800 square feet) (Maximum) The general intent of Zoning By-law provisions related to maximum building size (height & setbacks) and minimum accessory building setbacks are to ensure that accessory buildings subordinate to the main use, size of the property, neighbourhood character and to ensure that sufficient distance is provided between buildings and lot lines to ensure safe unencumbered access and avoid potential offsite impacts related to drainage. Planning staff are of the opinion that the proposed building and location maintain the general intent of By-law 97-95, as amended for the following reasons: - The proposed size (height and area) of the detached garage will remain subordinate to the main use being the single detached dwelling, which has a gross floor area of approximately 228.7 square metres (2,462 square feet). - The proposed one-storey garage is to be located behind the existing house in the back corner of the irregular shaped property as can be seen on the applicant's sketch attached as Schedule 2 and is of a size that is scaled appropriately based on the size of the property. - The proposed rear yard and interior side yard setbacks provide sufficient distance to ensure safe unencumbered access and avoid potential offsite impacts. Development Services April 3, 2024 Report No. DS2024-040 Page 4 of 9 Page 51 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the shape of the property, the size of the building and in relation to the existing home, where the building is situated, and its proximity to the interior and rear lot lines and is satisfied that the accessory building is not out of character on the property. Staff is of the view that the building is proposed to be located in an area that is well suited for its' use as a garage, surrounded on two sides by rural lands as can been on the arial photograph attached as Schedule 1. Based on the above, 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 interior and rear lots lines are minor in nature and they are not anticipated to have any adverse impacts on the neighbouring rural 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. 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 Development Services April 3, 2024 Report No. DS2024-040 Page 5 of 9 Page 52 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... 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 Owner/Applicant to be aware that the following will be required: ■ Building Permit required for structure Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Elevation Drawings Conclusion Planning Staff recommends that Minor Variance Application 2024-A-12 be approved, 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, March 27, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services, March 28, 2024 Brent Spagnol, RPP, Director, Development Services March 28, 2024 Development Services April 3, 2024 Report No. DS2024-040 Page 6 of 9 Page 53 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph y ii xa e. _ *• a * A". - ;.� Aerial Q Subject Lands Proud Heritage,Exciting Fulm, 0 100 M File Number:2024-A-12 I Development Services April 3, 2024 Report No. DS2024-040 Page 7 of 9 Page 54 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Applicants Sketch 919 I JF6 I D i N i r M S9(: Development Services April 3, 2024 Report No. DS2024-040 Page 8 of 9 Page 55 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Building Elevations �� I I I I I ' ROOF EAVf I I I 1 I I bI I I Ail i FRONT ELEVATION 12 FIJI I I I I I I II II RIGHT ELEVATION Smw:3/1r.1'-W � I r I I I I I I I I I I I I I I I I I I I I I I I I I I I I �I-------------------------------------------------------------------------------------- —I� � I II `----------------------------------------------------------------------- REAR ELEVATION ROOF RIDGE ——— ON —01I O III 10"T11E" Scow:3/76•-I'-V IIOiE Mn M *ABM to wl ary si[cloll .or es M UNUVIC INW. ;r 12 s Ec W i I RODE EAVE I I MIOIBIm M1MMot I I iA�.ID son]OAI I I I I I 1 M1Nf1fD ORME ---------------------------------- II I II II ___ 3 LEFT ELEVATION Scow:3/IC=IW Development Services April 3, 2024 Report No. DS2024-040 Page 9 of 9 Page 56 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... CL o Q F - N O c� N � • j 0 O U O O•� J o U Q -- U _ N +r -+--j _ +r (n 4 — .— U) (� L O L.L C O }' •— C� LMM 0 Ls J N O C� Page 57 of 176 6.b) 5.55 p■rn. 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(D L 0 0 � r � U O 0 � Q J Cz Cz 0 .> U) L tmM •r 0 K� , °o C J G� Page 64 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia4-1 ... ca cn }' L m O yy w a) � O �1 O >+ � a 0- N o o cn (6 E N a) O N � cucn L � .o r C c N L C O•o cn L ca U cn O ' m .O C o - o co 0 cIqai w O o � E � Q) a_ N Nv o � }' � �' ca m L o Q E O CU o _ C) o a, M O M }, = c0 o o c � M cono � `� 0 -0 -§ cn � C Q ,_ � � 0- cn L a) O (1) U E >' m i N U U W M oU O c c con O J r a) �c O ca 0 E O c O �� G� Lj� �' m o 0 � � L � o C U O 2 L i , C a � M � M � o � � c � � � a� Q -jwa) Uo - O M �.., (n L Q Q U L _ Q L L O Q U O 0) U O O O a) N +r a) ca cn U U M M � cn M � oU � F- cn cn O o (� M U I.L �rj Page 65 of 176 6.b) 5.55 p.m. DS2024-040, George Vadeboncoeur, Manager, Planning Specia... c � c J�c ic Co a) O c L U O CV a) in � � U O � cn -En ca a) c' tf N a O E N CoC) (n C? E °' u,)) O Cu O o U JUO Cu � � rn' C) I O O U c a✓ Q () > c —>' c o — W c . a) °Q c > ELL L) c� a� cn U c o > O 0 L > O N O o M 4- -0 (1) (3) 0 C •L o M o L m O }' L V a) : N as a U) Page 66 of 176 6.c) 6.05 p.m. DS2024-039, 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: April 3, 2024 Report No.: DS2024-039 Subject: Minor Variance Application 2024-A-17, Karin & Tony Sotirakos, 8 Oak Place Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-039 be received and adopted. 2. That Minor Variance Application 2024-A-17 by Karin & Tony Sotirakos specifically to permit construction of a 8.9 square metres (96.0 square feet) front porch and the construction of a 50.2 square metres (540.0 square feet) garage addition attached to the existing modular home that is located in the Environmental Protection Zone on the lands known as 8 Oak Place, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-039. 3. The conditions are as follows: a) That notwithstanding Section 3.1 Table A5, Section 5.16.1 (c), Section 5.18 and Section 5.27, the proposed porch and garage addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed porch and garage addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) That the appropriate Zoning Certificate 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 April 3, 2024 Report No. DS2024-039 Page 1 of 13 Page 67 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... 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 to facilitate the construction of a garage onto the existing modular home and front porch within the (EP) Zone for a property located at 8 Oak Place. Big Cedar Park is a , residents-owned nonprofit - corporation containing 230 mobile homes on 76.3 �!s� hectares (188.6 acres) of _ r land at Bass Lake Sideroad East and Line 12 North (refer to Schedules 1 and 2). The retirement community has existed for over 30 years. The roads within the Park are private and are not maintained by the Township. The parcel is zoned Agricultural/Rural Exception 7 (A/RU*7) and Environmental Protection (EP) in the Township's Zoning By-law (refer Schedule 5). However, the lands affecting 8 Oak Place are entirely zoned Environmental Protection (EP), which does not permit residential uses on the lands. The applicants have obtained permission from the Residents Association for the front porch and garage addition. Proposed Minor Variance The applicants are proposing to build a 8.9 square metres (96.0 square feet) front porch and a 50.2 square metres (540.0 square feet) garage addition attached to the existing modular home that is located in the Environmental Protection (EP) Zone. The applicants are seeking relief to the following sections of Zoning By-law 97-95: Development Services April 3, 2024 Report No. DS2024-039 Page 2 of 13 Page 68 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... ZONING BY-LAW 97-95 SECTION ZONE PROVISION PERMITTED/REQUIRED PROPOSED 3.1, Table Permitted uses in Only existing uses New front porch and A5 the Environmental permitted. garage addition to the Protection Zone No buildings or existing modular structures, except those home. required for flood or erosion control. 5.16.1(c) Enlargement, Non- Does not increase a Increase the size of complying situation of non- the structure in the Structures compliance. EP Zone. 5.18 Non-conforming Buildings or structures New front porch and Uses existing before November garage addition. 5, 1997. 5.27 Setbacks from No building or structure 0 metres from the EP Limits of shall be located within 30 Zone boundary. The Environmental metres (98.4 feet) of the existing modular Protection Zone boundaries of the home and the Environmental Protection proposed porch and Zone. garage addition are located within the EP Zone. The applicants' site plan is attached as Schedule 3 to this report and their proposed elevation drawings are illustrated on Schedule 4. 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, Natural Heritage, Water and Natural Hazards. The purpose of the policies is to ensure that land use decisions are consistent with Provincial objectives and to ensure that proper justification is provided so that Provincial Interests are being maintained. The natural heritage policies state that development or site alteration shall not be permitted on or adjacent to natural heritage features unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The lands subject to the minor variance (8 Oak Place) are located more than 120.0 metres (393.7 feet) from the natural heritage features and are not expected to have an impact on natural heritage features located within the area. Furthermore, the Development Services April 3, 2024 Report No. DS2024-039 Page 3 of 13 Page 69 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... proposed development is separated from the key natural heritage features by multiple modular homes with no foreseen impact on the features. The subject property are not located within the regulated area of the NVCA whom have indicated no concerns with the proposed development. Based on the above, it is Planning Staff's opinion that the proposed minor variances are consistent with the PPS and conform to the Growth Plan as the proposed development is not anticipated to have an adverse impact on the nearby natural heritage features as the alterations to the existing residential use are located within an existing residential neighbourhood. County Official Plan The subject property is designated Rural, Agricultural and Greenlands in the County of Simcoe's Official Plan, yet the lands subject to this application (8 Oak Place) are designated Rural within the County Plan, which permit limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the porch and garage are additions to the existing residential use. Note: For applications to extend a legal non-conforming use, the consideration is to be based upon both the desirability for development of the property in question and the impact on the surrounding area. An application for an extension of a non-confirming use does not have to meet the four tests for a minor variance. Township of Oro-Medonte Official Plan The subject lands are designated Rural, Greenlands and Agricultural in the Township's Official Plan. The proposed development at 8 Oak Place is located within the Rural designation. Schedule C applies, which delineates Natural Heritage, Water Resources and Hazards of the Township's Official Plan. The lands subject to the minor variance (8 Oak Place) are located more than 120 metres from natural heritage features referenced within Schedule C. Therefore, the proposed development is not anticipated to have any adverse impacts on the adjacent natural heritage features and based on a site visit there were no recognizable environmental features in close proximity to the subject property. With respect to non-conforming uses, Section 5.27.5 contains provisions that the Township may consider when assessing the appropriateness and impact of a Minor Variance for the extension or enlargement of a non-conforming use. Development Services April 3, 2024 Report No. DS2024-039 Page 4 of 13 Page 70 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Planning Staff have reviewed these provisions against the proposed development and are of the opinion that the development is in compliance with these provisions as the proposed construction is not anticipated to aggravate the existing situation as the modular home is surrounded on all sides by modular homes, buffering it from the natural heritage features. The proposed additions would constitute the extension of the existing non-conforming use and the expansion of the non-conforming dwelling would be considered to be in keeping with the character of the surrounding residential area. Based on the above, it is Planning Staff's opinion that the proposed minor variances are considered to conform to the Township's Official Plan. Township's Zoning By-law The subject property is zoned Agricultural/Rural Exception 7 (A/RU*7) Zone and Environmental Protection (EP) Zone in the Township's Zoning By-law 97-95, see Schedule 5. However, as previously mentioned, the subject property (8 Oak Place) is entirely zoned Environmental Protection. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone in order to ensure that environmentally sensitive features are not negatively impacted by development and to ensure that development does not place people and property at risk of natural hazards (Eg: flooding). Section 5.27 of the Township's Zoning By-law prohibits buildings and structures within 30 metres of the boundary of the Environmental Protection (EP) Zone. The applicants are proposing a setback of 0 metres from the EP Zone boundary as the existing modular home is located entirely within the (EP) Zone. Section 5.18 of the Zoning By-law contains provisions related to "Non-Conforming Uses" intended to ensure that existing non-conforming uses on properties in the Township may not be expanded, such that the expansion may result in an increase in a degree of incompatibility or cause any adverse impacts. As noted, Planning Staff did not identify any environmentally sensitive features near 8 Oak Place. In Planning Staff's opinion, the proposed porch and garage addition are not anticipated to have an adverse impact on the nearby natural heritage features or any of the neighbouring land uses as they will not extend beyond the developed the area of the property and will not result in additional habitable area. 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. Development Services April 3, 2024 Report No. DS2024-039 Page 5 of 13 Page 71 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... 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. 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. • NVCA— No concerns. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevations Schedule 5: Zoning Map Schedule 6: Township Official Plan — Natural Heritage Features Conclusion Planning Staff recommend that Minor Variance Application 2024-A-17 be approved, specifically, to permit construction of a 8.9 square metres (96.0 square feet) front porch and the construction of a 50.2 square metres (540.0 square feet) garage addition attached to the existing modular home that is located in the Environmental Protection (EP) Zone, 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, Catherine McCarroll, RPP, Senior Planner, March 26, 2024 Development Services April 3, 2024 Report No. DS2024-039 Page 6 of 13 Page 72 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services March 27, 2024 Brent Spagnol, RPP, Director, Development Services March 28, 2024 Development Services April 3, 2024 Report No. DS2024-039 Page 7 of 13 Page 73 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re- Minor... Schedule 1: Location Map I onmM vellm qa.W. » n � 7 ol0 ganw qa aW qmm Ae.F. I Z N G J = Oa,R P,. QJ�1844 2088 G�eS. Qi•� Big Cedar Park Rd.(PI",Ceio Donald Dr.(PVT) Bass-Lake Srd.E.—_ — — — — 1952 Location Subject Lands 0 T' 'tt�tiPF'r; Proud Heritage,Exciting Fwure 0 loom File Number:2024-A-17 ti i Development Services April 3, 2024 Report No. DS2024-039 Page 8 of 13 Page 74 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Aerial Photo IZ f 1 v` Q\eG .t Aerial Q Subject Lands Proud Heritage,Exciting Fulm, 0 100 Ill File Number:2024-A-17 Development Services April 3, 2024 Report No. DS2024-039 Page 9 of 13 Page 75 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Schedule 3: Applicant's Site Plan 1t /b��aARI6E Z ADp/T�G+�I UP6 Fxiefl�/b (sr wr yE yr 'o' 0 loJ�� Tounsliip of Site Plan Proud Heritage,Excitirig Futurr File Number:2024-A-17 Development Services April 3, 2024 Report No. DS2024-039 Page 10 of 13 Page 76 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Schedule 4: Elevations Left Elevation: lc£rr r[rvAT/O/I d 1 Aornnu nvsrws ewLs.a•.va[cnereer i Front Elevation: M ,yhy OW-0 warac /IIY(I p/t7( F(/FR lM1E,- "I . !6• GRdY/G /6W$AXAi� FRONT EL£YAT,OV OWLRight Elevation: R14NY EZrVA7/0A/ - -N s Elevations Proud Heritgnc,l:xritinkT FutNrrr File Number:2024-A-17 Development Services April 3, 2024 Report No. DS2024-039 Page 11 of 13 Page 77 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Schedule 5: Zoning Map Z EP N N C J Q�'(1 x yak p U T c G fit. Big Cledar Park Rd.(PVT o Ne ta�� A/RU A/RU"7 A/RU*7 Donald Dr.(PVT) Bass.Lake Srd,B• A/RU A/RU Existing Zoning A/RU(Agricultural/Rural) r'I Subject Lands EP(Environmental Protection) Go. Ton tsiii- of Proud Heritage,Exciting Future 0 100 m File Number:2024-A-17 ti I i Development Services April 3, 2024 Report No. DS2024-039 Page 12 of 13 Page 78 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... Schedule 6: Township Official Plan — Natural Heritage Features t ",.r. Z f fV ' 010le JIM i < QJ eGieS O�Q 1 eio oe ` GaF e'9 CP o pNSI Donald Dr.(PVT) X i.l a Ca leron // 9 o Bass_Lake_Srd•E Township Official Plan - Natural Heritage, Water Resources and Natural Hazards 1--Z Subject Lands ANSI Permanent Streams Regional,Life Intermittent L Science Streams s Surface Water Woodlands TinunsDip f MNR Evaluated Treed Wetlands Hedgerow Proud Heritage,Exciting Fwerr _ MNR Un-Evaluated 0 300 rn File Number:2024-A-17 Wetlands N ( i i I Development Services April 3, 2024 Report No. DS2024-039 Page 13 of 13 Page 79 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... `0 w F`- ui m � m aSB�rQ�or.lPNl ■ ■ 4 tQ Pi N CL -� CD Y YJ. Gy ��e ytil P4� QR c v G O HiN SL{PVT)_N OE ' tamamnf)r.� _ 4-0 fir/ U O O .� J4-0 p Q O c: o U ca � CM a� c: > 'cn W � � 4-0 c � C � O � w — O � ) — L- a) .C— L Q � cA O U . . . . C LLJ r +-� � � N ` . . • — . . .-. 0 a : � O . � 4- ,V .0 U i O L O NQa- OQ .D C) Page 80 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... ` j s v/ L Q o ■ y I, Y > 1A tz h O �• � m PSI _ - 4-1 I O ' L r Page 81 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... 02- *Q ti - s o .- a U) Q o U "%-0010 Q O C C O DLO N M ISO C C O LL cu E rn e a� N Qy N o c c v» L rn c asrn� a� W 5 L ® N Y N [p C W v o r `.+V a. E 4 '3 i i N 4'.' LO s N au Yc Q.N .a � CM a n LncO ya ra 'XE Ln N ag a (6 0 _ O� � Qa� ~ _ � � w ov oo Loan UO C '� icazn Easy az caoHnc`n U — p (n w e °' o o— M 0 0 1 m ) vo c o CD E M °' E u q� v rR O ^^,, V L IC Y W W O to c W ?j O a� v �, � u°'i urn m 2oo +�-+ O M = O o U z = - (� NON a lD c N 00 `p f+ GT R b 'u .O U r .p N c c C � O U O c� 0 xD 3- c n u� Ta� o _ U - E u nO UL nUlQ) y0 u ) ' v : z u Q a 7 O � vao � oWmz o� a W M 9) o Page 82 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... w w +� a 1 o x .a 'E = 1 I` Q � N � O -j i w O 7 � U � 4 l V `� VI C C Z O ► 4 V) y i W W W W U `� t� � O O •— c� W cn . . c� rx C ao Page 83 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... `�� W Oks L L �cn � 9 s` �A is 1 Z �� - F - ,.'`7t Park Rd.(PVT) v J�/ I /R V/ 0� S r J a � c . r c � g O ..,+ '. 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L L1_L 1 - 1 0 -0 E w M Q o a, x U W ca cz O G o W Page 86 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... a Hi � � a a t L Q �= k CF) (n Co Qo � Ca o •� CL{ o CL v NUAUAM O O `~ i O J y Page 87 of 176 6.c) 6.05 p.m. DS2024-039, Catherine McCarroll, Senior Planner re: Minor... w Q + a xN }' U) a- EL O O ca — O N (6 — C E r 00 O O cn O U 1 r =_ t U) L (1) Lf') a Q = > (n 0 >, O O a) O cn m L) � � o cn _ (y � N >, � .� . c }, U r O cn O a) O CD L ca }� O to U)� U O o � � � � cn a) a) — � _ a) Q o o Q O Q M � � Mo a) a) M 1 ° � > � m (1) M 0 r t6 M M -0 L M 0 0) cn C a) V � C M (� O � O a)o r 0 a) 0) -0 V CL U) U O •cn a) � p con i� 0 O � � o � o o Eb .2) U .T M � con .N a) - Q) QU O cn L C •— o � O > o � � o 0 0 G U cn QQ En a) }, ML M o Q) a) a) a) a) M a) U O > � 4- _ O 4- _ O - -r- O 0- - — M M O (� M U a) as ~ a U) � M � Page 88 of 176 6.d) 6.15 p.m. DS2024-045, 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: April 3, 2024 Report No.: DS2024-045 Subject: Minor Variance Application 2024-A-18, Joanne & Alan Fennell, 153 Moon Point Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-045 be received and adopted. 2. That Minor Variance Application 2024-A-18 by Joanne & Alan Fennell specifically to permit construction of a two-storey addition to their single detached dwelling with a reduced setback of 12.6 metres (41.3 feet) from the watercourse on the lands known as 153 Moon Point Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-045. 3. The conditions are as follows: a) That notwithstanding Section 5.32, the proposed single detached dwelling addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; d) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, Development Services April 3, 2024 Report No. DS2024-045 Page 1 of 10 Page 89 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... that the single detached dwelling addition is located no closer than 20.0 metres from the average high water mark of Lake Simcoe (219.15 m G.S.0 Datum); and, e) 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 purpose of this report is to provide information and a staff -~� recommendation to - --I Development Services y „ Committee regarding Minor .x Variance application 2024-A- 18 for a property located at o 153 Moon Point Drive, which ' is intended to provide relief from the provisions of Comprehensive Zoning By-law 97-95. The subject property has a lot area of 0.14 hectares (0.35 acres) and currently contains a single detached dwelling and shed. A location map is E included as Schedule 1 to this report. According to the Lake Simcoe Region Conservation AT _ Authority mapping and Zoning By-law mapping, there is a watercourse that runs across the front of the subject lands, through the vacant lot to the south and ends at 145 Moon Point Drive. Proposed Minor Variance The applicants are proposing to build a two-storey addition to their single detached dwelling. The applicants are seeking relief to the following sections of Zoning By-law 97- 95: Development Services April 3, 2024 Report No. DS2024-045 Page 2 of 10 Page 90 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... ZONING BY-LAW 97-95 SECTION ZONE PROVISION PERMITTED/REQUIRED PROPOSED 5.32 Setbacks from 30.0 metres (98.4 feet) 12.6 metres (41.3 Watercourses feet The applicants' site plan is attached as Schedule 2 to this report and their existing and proposed renderings are illustrated on Schedule 3. 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. Specifically, 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. Planning Staff is of the opinion that the proposed single detached dwelling addition is consistent with the Rural Areas policies in the PPS and Growth Plan as the lands subject to this application are already within an established shoreline residential area. In accordance with Schedule C — Natural Heritage, Water Resources & Hazards, there is an unevaluated wetland located across the street from the subject lands. Since the proposed addition is located to the rear of the existing dwelling, it is not anticipated to have any adverse impact on the unevaluated wetland. The subject lands back onto Lake Simcoe. Section 4.2.4.5 of the Growth Plan permits development outside of settlements areas, in developed shoreline areas of inland lakes Development Services April 3, 2024 Report No. DS2024-045 Page 3 of 10 Page 91 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is satisfied that these conditions would be fulfilled through LSRCA's permit requirements as the subject lands are regulated by the LSRCA and the applicants are required to obtain a permit for the proposed works. The LSRCA's mapping and the Township's Zoning By-law mapping, the proposed development is located adjacent to a watercourse. The LSRCA's mapping is considered the most up-to-date and it shows the watercourse running across the front of the subject lands, through the vacant lot to the south and ending at 145 Moon Point Drive. However, during the site visit, Planning Staff noted that there was no watercourse in front of the dwelling and there was some stagnant water on the property to the south of the subject lands. In Planning Staff's opinion, this application is consistent with the natural heritage, water and natural hazards policies as there was little water along the mapped watercourse and the proposed addition is located further from the mapped watercourse than the existing dwelling; therefore, it is not anticipated to have an adverse impact on the natural heritage feature. County Official Plan The property is designated Rural in Simcoe County's Official Plan. The Rural Designation permits limited residential development. In Planning Staff's opinion, the proposed development is consistent with the County's Official Plan as the applicants are proposing an addition to the existing dwelling which is a permitted use. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the applicable policies of the LSPP and are of the opinion that the application is consistent with the natural heritage and hazard policies of the LSPP. The subject land is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). Through previous correspondence with the LSRCA, they confirmed based on their mapping, the photographs and videos that the feature is classified as a watercourse. The LSRCA was circulated the application. As of the preparation of this report, Staff have not received comments from the LSRCA. Committee members should have regard to any LSRCA comments that may be received. Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. The proposed variance conforms to the general intent and purpose of the Official Plan as the applicants are proposing to build an addition to the existing single detached dwelling, which is a permitted use in the Shoreline Designation and is not anticipated to conflict with the Official Plan's objectives to protect the rural character of the area. Development Services April 3, 2024 Report No. DS2024-045 Page 4 of 10 Page 92 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... Section 3.2.6 - Watercourses seek to protect all watercourses from incompatible development to minimize the impacts of such development on their function. This section speaks to conditions under which a minor variance may be considered to reduce the 30.0 metre (98.4 feet) setback from the boundary of the Environmental Protection (EP) Zone that surrounds watercourses and states that it requires an Environmental Impact Study (EIS) and/or a natural hazard assessment, in addition to consultation with the appropriate conservation authority. In this case, there is no (EP) Zone buffering the watercourse. Prior to obtaining a Building Permit, the applicants will be required to obtain a permit from the Lake Simcoe Region Conservation Authority. Since the proposed addition is located further from the watercourse than the existing dwelling and there was very little water along the mapped watercourse, the proposed development is not anticipated to have an adverse impact on the watercourse. Planning Staff is satisfied that the proposed single detached dwelling addition would conform to the general intent and purpose of the watercourse policies in the Township's Official Plan. Does the variance conform to the general intent and purpose of the Zoning BV-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the Township's Zoning By-law 97-95. The Exception Two Zone permits a reduced interior side yard setback of 1.5 metres (4.92 feet). The applicants are requesting relief from the Zoning By-law to permit the construction of an addition to the existing single detached dwelling with a reduced setback from the top of bank of the watercourse from 30.0 metres (98.4 feet) to 12.6 metres (41.3 feet). 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. Since the proposed development is located further from the watercourse than the existing single detached dwelling and there are no known concerns or impacts associated with the watercourse on the existing development, it is Planning Staff's opinion that the proposed addition at the rear of the dwelling will not create any new impacts or concerns. For this reason, Planning Staff is satisfied that the application meets the purpose and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? During the site visit, Planning Staff noted that there was no watercourse in front of the dwelling; however, there was some stagnant water on the vacant lot to the south of the subject lands. Furthermore, there is a retaining wall separating the two lots and the subject lands are elevated in comparison to the vacant lot with the stagnant water. Since Planning Staff attended the site in the spring when the snow was melting and Development Services April 3, 2024 Report No. DS2024-045 Page 5 of 10 Page 93 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... there was little to no water in the locations identified on the map, and the proposed addition is located further from the mapped watercourse than the existing dwelling, Planning Staff is satisfied that the proposed development would be desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed development is not anticipated to have any adverse impacts on any natural heritage features and it will not detract from the character and appearance of the shoreline residential neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area or on the watercourse, 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 • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development — to ensure the development of complete communities and the protection of our rural character. 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: Development Services April 3, 2024 Report No. DS2024-045 Page 6 of 10 Page 94 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... • Township Infrastructure and Capital Projects — No comments. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Existing and Proposed Rear Renderings Conclusion Planning Staff recommends that Minor Variance Application 2024-A-18 be approved, specifically, to permit construction of a single detached dwelling addition with a reduced setback of 12.6 metres (41.3 feet) from the watercourse, on the basis 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, Catherine McCarroll, RPP, Senior Planner, March 27, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services March 27, 2024 Brent Spagnol, RPP, Director, Development Services March 27, 2024 Development Services April 3, 2024 Report No. DS2024-045 Page 7 of 10 Page 95 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re- Minor... Schedule 1: Location Map 15 13 11 �1d 9 7 498 ��'` 5 3 r C` 259 o` Q 255 °c 251 247 369 239 235 I 231 I 227 223 219 371 188 194 215 182 209 J 181 185 189 193 197 201 205 373 167 17'1 ' 177 I I- �— 163 L 153 Lake Simcoe -145 139 597 137 - Location 0 Subject Lands TnwasDipof Proud Heritage,Exciting Fulm, 0 loom File Number:2024-A-18 ti I i i Development Services April 3, 2024 Report No. DS2024-045 Page 8 of 10 Page 96 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... Schedule 2: Applicant's Site Plan lLYY G•"a�Y✓ MOON POINT DRIVE; MT LY4 IeN Rum, nv)tAA7 " �•b� � �'' / � pxrws smrc am PAOP06ED AOOIT011 � �+ ww 220.75 YSF 21W4 ' •••�• jLOT 25 PUN W Lot 27 » 163 YooN Pow DRIVE PLAY iW CXSW„ .a TO BE REW40 �sam f .—.Mc f 4R SETBACK :wax FROM DY IrCA1 WRIER PARK Proposed Addition „Rm it l IC 0.1M e � - -rhx�t LAKE SIMCOt-- , NMI Site Plan Proud Heritage.,Iixciting haure File Number:2024-A-18 Development Services April 3, 2024 Report No. DS2024-045 Page 9 of 10 Page 97 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re- Minor... Schedule 3: Existing and Proposed Rear Renderings Rear Rendering-Existing: V-1 1 f Rear Rendering-Proposed: Q� � � l TO Elevations �~ `Utv �1'/1c'crmt[� Proud Heritage,rscitinq Puturr File Number:2024-A-18 Development Services April 3, 2024 Report No. DS2024-045 Page 10 of 10 Page 98 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... co E-1 r� w 1 +r o x 4I � = Q CD O o 4-0 L) I o ' J _Gl Q H (1) "%-0010 U o 4-0 > .o o Occ i ' o c/) -c cn U O . . . . . . 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O � � N 0 � J co a LL U .� 0 .> > L O L 0 0 0 0 0 J Page 103 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re- Minor... O > r r }' ® i N i O QCL O O L tm O CIO ., I��P 1„T ■� W �s U CU = X rx • t W v) rZ CIO IS ,. am �I 1 d i CIO LV +� Page 104 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... t .-` fi w� „ h 0 V 00 O 0 OCLu ♦..� a O r CL Co •� c- C� 0 B S ■� cz low > - 0 f 4 ' O de _ f � L N S J Page 105 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re- Minor... w w +� a 1 o x .a M W A� � A N c O co — : O Q U Q. O Cz f ca Page 106 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... w w � + a u ^ x c6 L O O + O CO OV Q O O D o � cU 0U L V cu cu o U cu L o E J O — N c6CU N U r O cu O . cn O� N En E wCOCN _0 cn N L � •L ' N cu o O c = _� Qcu E �' a) U) N O +� Ncu > o .� o � o o o U O_ OL i U c6 0 E O c Q O L W N _al cu �� N -1 U N c� i O m cU J > Q) c � M 0' C � O o m o O c = mo o >% - - 0) i o (1) U cu C� . . z-- CL t a _o U) � o D > i �•• U (6 •L L O_ O ca C Q cu O U O E N � C N _V Q L F- >, O O N C E _� a O m M O cn C m 15 E cu cu O •= >, = L O O .N O N E O > C 0 N O B U E M cu O O N O C L O O 7(5 L) � o � F U F— w N M O m � M Page 107 of 176 6.d) 6.15 p.m. DS2024-045, Catherine McCarroll, Senior Planner re: Minor... 410 a) x E L �f ° x U � a a) C � �. ° p N 'cn cn M L U W N CO a) 1 cn cn U V a) a) a) E N E CD v o 0 N a) vi cn (� � ry ° L � O � � Q U) co U o E � can o Q � > w � � > o O ° a) � a) L E L ° ° R cn > > M .� O o c� o cn N 0 Q - L t� mo (n O Ma) Mcn O ° . c Qa) QED L c- a) ° c m a) a) Q Page 108 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... 4� Tc hip of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: April 3, 2024 Report No.: DS2024-041 Subject: Minor Variance Application 2024-A-19, John Randall, 928 Bass Lake Sideroad Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-041 be received and adopted. 2. That Minor Variance Application 2024-A-19 submitted by John Randall, specifically to: • permit an accessory building with a maximum height of approximately 6.4 metres (20.9 feet), • a detached accessory building with a floor area of approximately 157.6 sq.m. (1,696.2 sq.ft.), permit an apartment unit in a detached accessory building, and to permit an apartment unit with a floor area of 70.06 sq. m. (754.2 sq. ft.) on lands known municipally as 928 Bass Lake Sideroad, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2024- 041. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.1, 5.1.4, 5.1.6, 5.4 and 5.4 (c) the proposed accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; Development Services April 3, 2024 Report No. DS2024-041 Page 1 of 12 Page 109 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... b) That the height and area of the accessory building 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 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 what is shown on the sketch submitted and approved by the Committee; d) That the applicant maintain or enhance the existing vegetation along the westerly and northerly property lines or replace with a similar vegetative buffer if destroyed; e) That the applicant obtain confirmation from their designer that the existing on-site septic tank and system is appropriately sized for their needs and likewise maintenance demands; f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), Septic Permit (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 applicant is proposing to replace an existing accessory building (detached garage) with a 157.6 square metres (1,696.2 square feet) detached garage with a second storey two-bedroom apartment unit on a property known municipally as 928 Bass Lake Sideroad. The ground floor of the proposed new building is 87.5 square metres (942 square feet) in size. The subject lands are located in a rural area and are serviced by a private well and sewage system. There is an existing house on the 0.51 hectare (1.23 acre) property along with an existing garage and three small accessory structures of varying size. The property is well screened with mature vegetation along the property lines. nn The property has one driveway that provides access to the existing single detached dwelling and detached garage. There is space for parking along the driveway and in the apron leading to the garage. An aerial photo is attached as Schedule 1 to this report. Development Services April 3, 2024 Report No. DS2024-041 Page 2 of 12 Page 110 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... The applicant is seeking relief from the maximum floor area and maximum height for a detached accessory building, maximum floor area for an apartment unit, and the restriction that an apartment is not permitted in an accessory building under the provisions of Zoning By-law 97-95, as amended. The applicant's sketch is attached as Schedule 2 to this report and elevation drawings and floor plans are attached as Schedules 3 and 4. Sections 5.1.1, 5.1.4, 5.1.6, 5.4 and 5.4 (c) of the Zoning By-law are provisions dealing with accessory buildings and residential uses in an accessory building that are impacted by this application. Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Required: Proposed: Not to be used for human habitation. Proposed to contain an apartment dwelling unit. Section 5.1.4 Maximum Height Required: Proposed: Maximum height for a detached garage — 6.4 metres (21.30 feet) 4.5 metres 14.7 feet Section 5.1.6 Maximum Floor Area Required: Proposed: Maximum floor area for a detached garage First floor: 87.5 square metres (942 square - 70 square metres (753.5 square feet) feet) Second floor: 70.06 square metres (754.2 square feet) Total: 157.56 square metres (1,696.2 square feet Section 5.4 — Apartment Dwelling Units Ac essory to a Single Detached Dwelling Required: Proposed: Permitted in a single detached dwelling. Proposed to be located in a detached accessorybuilding. Section 5.4 c - Maximum Floor Area of an Apartment Dwelling Unit Required: Proposed: 70.0 square metres 753.5 square feet t70.06 square metres 754.2 square feet Analysis Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. This piece of legislation referred to as the More Homes Built Faster Act, 2022, amended the Planning Act and other provincial legislation with the intent to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the Development Services April 3, 2024 Report No. DS2024-041 Page 3 of 12 Page 111 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, c) one residential unit in a building or structure ancillary to a detached house... Same, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3). Same, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". Provincial Planning Policies 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. Provincial Policy Statement (PPS) 2020 Provincial Policies Provincial Policy Statement (PPS) 2020 provides policy direction on matters of Provincial interest related to land use planning and development. With respect to housing, the Statement contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. It states, "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single- detached, additional residential units, multi-unit housing, affordable housing and housing for older persons)...". The proposed apartment dwelling unit adds to the range of housing options in the municipality. These policies support limited residential development as well as development that is compatible with the rural landscape. Development Services April 3, 2024 Report No. DS2024-041 Page 4 of 12 Page 112 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The intent of the Growth Plan is to support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes". It goes on to state that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. The apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Planning Staff is of the opinion that the minor variance application is consistent with the policies in the Provincial Policy Statement and the Growth Plan, as it pertains to an established rural residential lot and the apartment will not impact the rural landscape and surrounding rural land uses. Requested Variances 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 "Rural" under the Township and County Official Plans. The goals of the "Rural" designation include preserving and promoting the rural character of the Township and preventing the intrusion of land uses that are incompatible. The existing house and accessory building (garage) are located on a 0.51 hectare (1.23 acre) parcel of land. The applicant is proposing to replace the existing garage with a new garage and second storey apartment. As part of the project they propose to demolish one small accessory building, leaving two other accessory structures on the lot. The proposal will have no impact on the rural residential character of the property or adjacent rural lands. Staff is of the opinion that the proposed variances conform to the general intent and purpose of the Township and County Official Plans. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "Rural Residential Two (RUR2)" under Zoning By-law 97- 95, as amended. Accessory buildings are permitted subject to certain provisions. One of the limitations is that residential uses are not permitted in a detached accessory building but are permitted within an existing residential dwelling unit. The principle of a second Development Services April 3, 2024 Report No. DS2024-041 Page 5 of 12 Page 113 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... unit being permitted on the property has been established through local municipal land use policies. The general intent of the By-law to require accessory dwelling units within the existing dwelling is to ensure that the development on the lot is suitable from a servicing perspective, but to also ensure that the main use of the property is clearly articulated to avoid overcrowding and maintain unform built form. Staff reviewed the proposal to replace an existing accessory building (garage) with new garage and second storey apartment, in the context of provincial policies which promote additional housing units in accessory/ancillary buildings to help address the province's housing shortage. Staff are of the opinion that the apartment unit conforms to the intent and purpose of the Zoning By-law. Other relief being sought is to the maximum height and size of the accessory building. The proposed height of the building is 6.4 metres (21.3 feet) and the maximum height permitted under the Zoning By-law is 4.5 metres (14.7 feet). The maximum size of the building permitted under the Zoning By-law is 70.0 square metres (735.5 square feet) and the applicant is proposing 157.56 square metres (1,696,2 square feet) over two floors. The footprint of the building is 87.5 square metres (942.0 square feet). 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 on the property that would detract from the character of the area. MPAC data indicates that the home on the property is 157.93 square metres (1,700.0 square feet) in size. The proposed accessory building is smaller than the dwelling at 157.56 square metres (1,696.2 square feet). In conversation with the owner, he indicated that the home is actually in excess of 195.09 square meters (2,100 square feet) in size. This was not confirmed at the time of writing this report; never-the-less, the proposed new accessory building is secondary and subordinate to the residential use of the property. Staff reviewed the proposed variances to the Zoning By-law and are of the view that the proposed variances conform to the general purpose and intent of the Zoning By-law as the building is a size that can be easily accommodated on the property as all setbacks can be complied with and is similar to buildings typically located within Rural areas. In addition, private well and sanitary services will need to be confirmed and the property appears to be of adequate size to support the proposed garage and accessory dwelling. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the size and characteristics of the property, the size of the building in relation to the existing home, where the building is proposed to be situated, and its proximity to the property lines and is satisfied that the accessory building would not be out of character on the property. The proposed building will replace an existing garage in a location that is well suited for use as a garage and accessory apartment, with good access, adequate parking, and Development Services April 3, 2024 Report No. DS2024-041 Page 6 of 12 Page 114 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... surrounded on two sides by mature vegetation. Staff have recommended as a condition of approval of the minor variance that the existing vegetation be preserved so that the buffer to the adjacent rural properties continues. The applicant will be required to obtain a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit or a Septic Permit for a new septic system through the Building Permit process. The property has one driveway that provides access to the existing single detached dwelling and proposed new accessory building. There is plenty of space for parking along the existing driveway and the apron at the rear of the existing home. 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 and size are minor in nature and are not anticipated to have any adverse impacts on the neighbouring rural properties. Adding a second dwelling unit above the garage will have no impact on the property and is similar in that an accessory dwelling unit is permitted within the main dwelling as of legal right. If the existing septic system needs to be modified, there is ample room on the property for that to take place. 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. 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: Development Services April 3, 2024 Report No. DS2024-041 Page 7 of 12 Page 115 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... 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 Owner/Applicant to be aware that the following will be required: ■ Building Permit required for structure • Severn Sound Environmental Association — No comments Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Elevation Drawings Schedule 4: Floor Plans Conclusion Planning Staff recommends that Minor Variance Application 2024-A-19 be approved, specifically to permit an accessory building with a maximum height of approximately 6.4 metres (21.30 feet); a detached accessory building with a floor area of approximately 157.6 sq.m. (1,696.2 sq.ft.); an apartment dwelling unit in a detached accessory building, and to permit an apartment dwelling unit with a floor area of 70.06 sq. m. (754.2 sq. ft.), for a property municipally known as 928 Bass Lake Sideroad, 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, March 27, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services, March 28, 2024 Brent Spagnol, RPP, Director, Development Services March 28, 2024 Development Services April 3, 2024 Report No. DS2024-041 Page 8 of 12 Page 116 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph -- 1-Rd, w way. Yu AW - 3 i F X. F Bass Lake Srd.W. Aerial Q Subject Lands Proud Heritage,Exciting Fttlm, 0 100 nt File Number_2024-A-19 41 Il i�i lI Development Services April 3, 2024 Report No. DS2024-041 Page 9 of 12 Page 117 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Site Plan Sketch Co MJ Lip ►« , NN� 10% of \ cn� � p , i rn Cn rn I , ' I 1 , I 1 t j_ _ - -- 0274 BASSIAKE SIDE ROAD Development Services April 3, 2024 Report No. DS2024-041 Page 10 of 12 Page 118 of 176 6.e) 6.25 p.m. DS2024-041 , George Vadeboncoeur, Manager, Planning Specia... 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Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: April 3, 2024 Report No: DS2024-046 Subject: Minor Variance Application 2024-A-11, William and Chres Lee, 23 O'Connell Lane Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-046 be received and adopted. 2. That Minor Variance Application 2024-A-11 by William and Chres Lee specifically to construct a 32.8 square metre (353.0 square feet) boathouse with a 23.8 square metre (256.1 square feet) attached deck with a reduced interior side yard setback of 1.0 metre (3.2 feet) and a deck to be attached to the existing single detached dwelling with a reduced setback to the average highwater mark of Lake Simcoe of 15.0 metres (49.2 feet) on lands municipally known as 23 O'Connell Lane, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-046. 3. The conditions are as follows: a) That notwithstanding Table B1 and Section 5.30 of Zoning By-law 97-95, the proposed boathouse with attached deck and deck attached to the dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development 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 Development Services April 3, 2024 Report No. DS2024-046 Page 1 of 10 Page 133 of 176 6J) 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that: i. the boathouse with attached deck is no closer than 1.0 metre (3.2 feet) from the interior side lot line; and, ii. the deck to be attached to the existing dwelling is no closer than 15.0 metres (49.2 feet) from the average highwater mark of Lake Simcoe; d) That the boathouse is not to be used for human habitation, commercial purposes or for a home industry; e) That a permit from the Lake Simcoe Region Conservation Authority be required to be applied for prior to any development or site alteration taking place on the subject lands. Further, a Planting Plan prepared to the satisfaction of the LSRCA is required; and, f) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background `vo The purpose of the report is to provide information and a staff recommendation for minor variance O'conn01 Ln ' application 2024-A-11 with respect to a proposal to construct a boathouse with an attached deck and a deck to be attached to the existing single I detached dwelling. i I I The subject property has a lot area of 0.08 hectares (0.19 acres) and currently consists of a single detached dwelling, a detached accessory building and a shed. Surrounding land uses consist of single detached dwellings to the east and west, O'Connell Lane to the north and Lake Simcoe to the south. Minor Variance Proposal The applicants are proposing to construct a 32.8 square metre (353.0 square feet) boathouse with a 23.8 square metre (256.1 square feet) attached deck and a deck to be attached to the existing single detached dwelling and are seeking relief to the following sections of Zoning By-law 97-95, as amended: Development Services April 3, 2024 Report No. DS2024-044 Page 2 of 10 Page 134 of 176 6.� 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... Table B1 — Minimum Rear Yard Setback from Average High-Water Mark of Lake Simcoe Shoreline Residential (SR) Zone Section 5.30 - Setback from Average High Water Mark of Lake Simcoe Required: Proposed: 20.0 metres 65.6 feet 15.0 metres 49.2 feet Section 5.6 a) — Minimum Interior Side Lot Line Setback for Boathouse Required: Proposed: 2.0 metres 6.5 feet 1.0 metre 3.2 feet Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have received comments from the LSRCA and advise that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans and have no objection to the approval of the application. As the proposed development is within 120 metres of the Lake Simcoe shoreline and within the 30 metre vegetation protection zone of Lake Simcoe, the owners will be required to submit a Planting Plan to the satisfaction of the LSRCA. A condition requiring the owners to apply for a LSRCA permit has been included in the recommendation of approval for this application. 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 tests in order for reviewers and approving committees to consider. The tests are tied to the following questions. 1. Does the proposed application conform to the Official Plan? 2. Does the proposal maintain the general intent of the Zoning By-law? 3. Does the variance represent desirable and appropriate development or use of the land, building or structure 4. Is the variance minor based on all relevant planning considerations? . Development Services April 3, 2024 Report No. DS2024-044 Page 3 of 10 Page 135 of 176 6J) 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... In order for a minor variance to be approved, all four tests must be considered and satisfied. Planning Staff have 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 "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings and by extension, accessory buildings/structures including boat houses and decks. Therefore, based on the above, the requested variances conform to the general intent and purpose of the Official Plan as the proposed structures are accessory to main shoreline residential use. Do the variances conform to the general intent and purpose of the Zoning By-law? The minimum required setback from Lake Simcoe is intended to provide a buffer between structures and the shoreline that helps to protect structures from flooding, erosion and ice pile-up, as well provides space for a landscaped and/or naturally vegetated buffer which helps to mitigate impacts on Lake Simcoe. While the Zoning By- law requires a minimum setback of 20 metres from the average high-water mark, the proposed deck to be attached to the existing dwelling is to be setback 15.0 metres, which is consistent with the LSRCA's 15.0 metre setback requirement. In Planning Staff's opinion, this would have no new or aggravating impact on Lake Simcoe. The general intent of the Zoning By-law in requiring the minimum setback from the interior side lot line is to ensure access around a structure for maintenance purposes. The proposed setback is a minimal deviation from the required setback and Planning Staff are satisfied that access around the boathouse will be maintained. As such, Planning Staff is of the opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. A number of the shoreline properties in this area have obtained a Minor Variance to permit reduced setbacks. For instance, the property to the east, located at 1 Sunnyside Avenue, obtained a Minor Variance (2021-A-24 & 2023-A-38) to permit the dwelling addition/deck with a reduced average highwater mark setback of 17.54 metres (57.54 feet). Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the boathouse will be mitigated on the subject lands and will not impact the neighbouring lots. Development Services April 3, 2024 Report No. DS2024-044 Page 4 of 10 Page 136 of 176 6J) 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variances relates to their scale and impact. For the reasons outlined above in this report, and also having concluded that the character, appearance and uses of surrounding properties will not be negatively impacted, it is Planning Staff's opinion that the requested variance is 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. 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 — the existing drainage from O'Connell Lane to Lake Simcoe is to be maintained at all times. • Lake Simcoe Region Conservation Authority— no objection. A permit from the LSRCA will be required prior to any development or site alteration taking place. A Planting Plan prepared to the satisfaction of the LSRCA is required. Attachments Schedule 1: Location Map Development Services April 3, 2024 Report No. DS2024-044 Page 5 of 10 Page 137 of 176 6J) 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan Schedule 3: Applicant's Elevation Plans Schedule 4: Applicant's Exterior Renderings Conclusion Planning Staff recommends that the variances associated with Minor Variance Application 2024-A-11 be approved to permit the following: • Construct a 32.8 square metre (353.0 square feet) boathouse with a 23.8 square metre (256.1 square feet) attached deck. • Reduced interior side yard setback of 1.0 metre (3.2 feet) to facilitate the construction of a deck to be attached to the existing single detached dwelling with a reduced setback to the average highwater mark of Lake Simcoe of 15.0 metres (49.2 feet). The proposal 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, March 27, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services March 27, 2024 Development Services April 3, 2024 Report No. DS2024-044 Page 6 of 10 Page 138 of 176 6J) 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map w 400 24 ae� 23 20 I` 21 20 15 7�1- xi 19 Nan wa w. 'C O 17 O 16 7 15 19 14 12 11 _ 12 12 11 °i f 15 Q 10 > 8 II 6 7 11 T 6 C 86 �8892 94 Q 76 84 ai 98 7 72 to Q 96 CO 68 5 J_ �_ 0 Ir 56 60 E — ' 54 5 �akesnof Rd.E. i 75 83 87 89 4 71 — 67 95 65 O'connell-L-n. 55 59 �/ 35 53 1 23 83 29 31 Q 15 2 2 R 13 49 t 11 10 1 55 2 Lake Simcoe Location Toumshi o ® Subject Lands /(� -_ _ - f (W G Proud Heritage,Exciting Futto r 0 100 rn File Number:2024-A-11 Development Services April 3, 2024 Report No. DS2024-044 Page 7 of 10 Page 139 of 176 6J) 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan I - Ir 9 � � Mom• I / a ' I I e �I � M P I E e` I a �I t w � O A� 1 V alit- —~� 230'CONNELL LANE TOWNSHIP OF ORO-MEDONTE swooc Toumslrip o Site Plan Proud Heritage.,Exciting Futurr File Number:2024-A-11 Development Services April 3, 2024 Report No. DS2024-044 Page 8 of 10 Page 140 of 176 6.� 6.35 p.m. DS2024-046, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicant's Elevation Plans -OP OF ROOF TOP OF ROOF .- L._._._...—.—._._. I'lIC-ROOF HEIGN' TOP OF PLd'E x � vTOP of weFLooR NORTH ELEVATION T� TOP OF RCCF TOP OF RCCF M D-ROOF HEIGHT TOP OF PLATE TOP OF BLHFLOOR _.—._._. GR t _._._._._._. 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Q a) c� o � x 0 a) L C C E: 0 0 2 � CO C � O 70 U M O (n C (n a) a) . - L ' 0 r O L O M 'Cn O 1 Q N u) o- a) ca 0 N 0 cn �+ U M O N FL E m � _� o � UO E N - cn -00) 0j0 c � � � CU 0 O 0 � � CcC O J M Q L C� ca N 0 C -0 >+ a) U CAL) 0C: UM QM Q E m u) = 0- E Q Cn O o m L a) C) a� a) � OM �' o a ch 0 (1) O > C J C O MO > 0 O (D M N � M O V O 0 M 0 0 cn a) D (n E 0 ca a) cn _ L O L ca. Q En a) C: CD- `~ L a) 0) m a) 0 O _M 0 0 M a FT E M L 0 N V a) : N as a CO Page 150 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager Planning Services Meeting Date: April 3, 2024 Report No.: DS2024-037 Subject: Consent Application 2023-B-16 by Northern Diversified Ltd. (Bruce North), 10 Line 12 North Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2024-037 be received and adopted. 2. That Development Services Committee grant provisional consent for Application 2023-B-16 by Northern Diversified Ltd. (Bruce North), pertaining to lands located at 10 Line 12 North, Township of Oro-Medonte, to create a new lot having a lot area of approximately 1.3 hectares (3.2 acres) and a lot frontage of approximately 117.9 metres (386.8 feet) containing a dwelling that is surplus to the applicant's consolidated farm operation, subject to the conditions as outlined in Report DS2024-037. 3. The conditions for Consent Application 2023-B-16 are as follows: a) That the applicant execute the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the severed or retained parcel. b) That the retained lands be rezoned to an Agricultural/Rural Exception Zone to prohibit residential uses consistent with the Provincial Policy Statement. Development Services April 3, 2024 Report No. DS2024-037 Page 1 of 11 Page 151 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... c) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands. d) That the applicant provide written confirmation to the Township that cattle have been relocated from the subject property to 159 Line 11 North. e) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. f) That all municipal taxes be paid to the Township of Oro-Medonte. g) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. h) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. i) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. j) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. WARNING: Failing to fulfil the conditions within the above-noted statutory two year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The applicant is proposing to sever a lot containing the dwelling on the basis that the dwelling is surplus to the applicants consolidated farm operation. The details of the proposed severance are as follows: Lands to be Severed: Lands to be Retained: Frontage: Approximately 117.9 m 386.8 ft Approximately 250.0 m 820.2 ft. Depth: Approximately 100.1 m 328.4 ft. Approximately 713.5 m 2,340.8 ft. Area: Approx. 1.3 hectares 3.2 acres Approx. 37.7 hectares 93.2 acres Use: Continued Residential Continued Agricultural The applicants Consent Sketch is included as Schedule 3 to this report. The subject application was the subject of a statutory Public Hearing at the December 6, 2023 Development Services Committee wherein the Committee deferred the application at the request of the applicant given the comments received by the Ministry Development Services March 6, 2024 Report No. DS2024-037 Page 2 of 11 Page 152 of 176 Ta) DS2024-037, Andy Karaiskakis, Manager, Planning Services re- Consen... "- of Transportation (MTO) related to concerns regarding setback distances from Highway 11 to the existing driveway Lands to be Severed zy entrance to the property. Since the Public Hearing, the applicant has had discussions with the MTO regarding the existing driveway which resulted in the proposed severed lot being increased in size -°° from 0.69 hectares (1.7 acres) to approximately 1.3 hectares (3.21 acres) by increasing the lot frontage along Line 12 North. In doing so, the existing driveway from Line 12 North will be decommissioned and a new residential driveway to the proposed severed lot is to be constructed approximately 65 metres (213 feet) from the outside edge of the MTO ramp. The subject lands have a lot area of approximately 38.8 hectares (95.8 acres) and contain a single detached dwelling and four accessory buildings: a barn used to shelter cattle in the winter, two buildings used for agricultural storage and a garage. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Analysis Provincial Policy Statement and Growth Plan Staff has undertaken a comprehensive review and evaluation of the applicant's development proposal based on the policy framework contained within the Provincial Policy Statement 2020 ("PPS"), the Growth Plan for the Greater Golden Horseshoe 2020 ("Growth Plan"), the County of Simcoe Official Plan 2013 ("SCOP") and the Township's Official Plan ("OF). Staff notes that the Township's in-force OP is consistent with the PPS, and conforms with the Growth Plan and the SCOP that were in-force at the time of approval. Planning Staff can advise that the applicant's development proposal is generally consistent with the PPS, and conforms with the Development Services March 6, 2024 Report No. DS2024-037 Page 3 of 11 Page 153 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... Growth Plan as the application assists with the farm operation while ensuring that the farmland is set aside for continued cultivation and agricultural production. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have received comments from the LSRCA and advise that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans and have no objection to the approval of the application. Township of Oro-Medonte Official Plan The subject property is designated `Agricultural' and `Greenlands' in accordance with the Township's Official Plan; the lands to be severed are located within the Agricultural designation. The proposed consent is a severance of a residence surplus to a farming operation as a result of a farm consolidation between the owner of the subject lands (2520309 Ontario Inc.) and the parent company in their corporate structure being Northward Diversified Corp. Northward Diversified Corp. own seven (7) additional farm properties in the Township (Schedule 4) each of which contains a single detached dwelling. The applicants are proposing to sever the dwelling on the subject farm parcel (10 Line 12 North) on the basis that it is surplus to their farming operation. During a site visit of the subject property, livestock were identified on the subject property. According to the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Minimum Distance Separation (MDS) Document, an MDS I setback is required for a proposed surplus dwelling severance that contains an existing dwelling and an existing livestock facility on the same property. The applicant has indicated that the existing barn is not needed to support the agricultural field on the retained parcel, and that the applicant have other barns in close proximity to shelter their cattle. As such, neither the severed nor retained lands will contain livestock; the livestock (20 beef cattle) will be relocated to 159 Line 11 North; therefore an MDS I is not required. Planning Staff are recommending a condition be added to the approval of this application that requires the applicant to provide written confirmation to the Township that the cattle have been relocated from the subject property to another barn. On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Further, it is noted that since the proposed lot creation is the result of the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation taking place on the retained lands as sufficient land is Development Services March 6, 2024 Report No. DS2024-037 Page 4 of 11 Page 154 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... available to continue with the agricultural operation without introducing incompatible land uses. Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The existing dwelling is permitted in the (A/RU) Zone and the frontages and lot areas of the severed and retained lands would comply with the provisions of the Zoning By-law. As a condition of consent approval, the applicant must apply for and obtain an amendment to the Zoning By-law for the retained lands. The retained farmlands are to be rezoned to an Agricultural/Rural Exception (A/RU*) Zone to prohibit residential uses, in keeping with Provincial Policy Statement and County Official Plan policies for surplus farm dwelling severances. 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 Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Staff are of the opinion that the proposed development is consistent with the Township's strategic priority. Development Services March 6, 2024 Report No. DS2024-037 Page 5 of 11 Page 155 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... 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. • Building Division — Agricultural building to be minimum 30 metres from property line or meet all requirements of 9.10.14.5 of the Ontario Building Code. • Enbridge Gas — no objections. • LSRCA— no objection to the approval of the application. • County of Simcoe — County Planning staff have no objection to the proposed consent if the Township, LSRCA and the Committee are satisfied that the consent is for a surplus farm dwelling. • MTO — MTO accepts the proposal stating that the severed parcel will be increased in size from 0.69 hectares to approximately 1.3 hectares by increasing its width; the existing driveway will need to be decommissioned, and a new residential driveway is to be constructed approximately 65 metres from the outside edge of the MTO ramp; the MTO understands the confirmation that the subsequent rezoning application will ensure that the retained lands cannot be further subdivided or use for any purpose other than agriculture; the owner would require to apply for a MTO Building and Land Use permit prior to start of construction of the new entrance at an approximate distance of 65 metres away from the existing MTO highway and property; and the existing entrance to the property from our ramp will have to be permanently closed. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch Schedule 4: Farm Parcels Held by the Owners/Farm Operation Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2023-B-16 specifically to permit the creation of a new lot that is surplus to the applicant's consolidated farm operation on lands municipally known as 10 Line 12 North, Township of Oro-Medonte, be approved, subject to the identified conditions, on the basis that the application is consistent with the Provincial Policy Statement 2020, the Growth Plan 2019 and conforms to the Official Plans for the Township of Oro- Medonte and the County of Simcoe, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Development Services March 6, 2024 Report No. DS2024-037 Page 6 of 11 Page 156 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, March 20, 2024 Approval: Date of Approval Brent Spagnol, RPP, Director, Development Services March 21, 2024 Development Services March 6, 2024 Report No. DS2024-037 Page 7 of 11 Page 157 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 1: Location Map 278 da Bvle Pd E. 178 I Z 127 `r µa 1•pdE N J 33 — r 77 ti �_ ll 193 1.0 �� 2310 70 76 159 N N_ d n 65 65 100 11 e� 2265 -- - �Z/ _ T 1906 1966 2021 235 Location Subject Lands /�IiEtvrultlP eI Proud Heritage,Exciting Futwe 0 loom File Number:2023-6-16 Development Services March 6, 2024 Report No. DS2024-037 Page 8 of 11 Page 158 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 2: Aerial Photo 1 N 7 w J b s. rY^ It " w, CIJ a , p`ir N Aerial Q Subject Lands Proud Heritage,Exciting Fulto, 0 100 M File Number:2023-B-16 ti l i i i l Development Services March 6, 2024 Report No. DS2024-037 Page 9 of 11 Page 159 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 3: Applicant's Consent Sketch SEVERANCE SKETCH 10 LINE 12 NORTH i ? Mdla l9,Cw¢�o�12 . _ �4.y TawiuFy of Or WAdait40auaYd9rt�w �3 a ,d Lands to be Severed yr.a�� Q s1.172ha(290ac) � s � n L _ Sde t.5ppo0 j.:.' IFCEND Q Sv11ec,Lanes (� Lot Area 338.887ha(96.09ac) LM Frontage 007.5m Lands U)68 Retain ed Lana,WDe seine s37.715ha(9320ac) LLM F=Taga- *1179m(290ac) Lams to be Relaiea Lot Area t37.719m(93200c) Lot Ron W 12023m Ur2lwedWedmms Tn.mww9abm ,rsnmy. t+r�m.ameap �.Omois wniera� canaa�SMmews.se -—ar,♦.t pnc am�ce A.1o]] i_ M O�GAN �PLANNING a.DE ELLOO MEN en Development Services March 6, 2024 Report No. DS2024-037 Page 10 of 11 Page 160 of 176 7.a) DS2024-037, Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 4: Farm Parcels Held by the Owners/Farm Operation 77 i J SIMCOE 127 ROAD 4Z I �3 z O z Z Old=Barrie Rd E. Z = -- '�earrie•Ri1rWr� — -t Z J - J J J J Z tp = _ 15/16-Srd.E. 15116 StdrW. _ rri v m —7— - c N r _ 11 — vi rN N G7! e, ai 9e� M � � h Schedule 4 Farm Parcels Held by the Owners/Farm Operation TnwasDipnf Proud Heritage,Exciting Fnhur Other Owned Parcels � Subject Lands 0 1,500 m File Number:2023-B-16 Development Services March 6, 2024 Report No. DS2024-037 Page 11 of 11 Page 161 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: April 3, 2024 Report No.: DS2024-038 Subject: Zoning By-law Amendment Application 2023-ZBA-17, Trevor Moore, Jennifer Moore, Kevin Moore, 625 Line 12 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-038 be received and adopted; 2. That Zoning By-law Amendment Application 2023-ZBA-17 by Trevor Moore, Jennifer Moore, Kevin Moore, specifically to rezone the retained lands from the Agricultural/Rural (A/RU) and the Mineral Aggregate Resource Two (MAR2) Zones to the Agricultural/Rural Exception 356 (A/RU*356) and Mineral Aggregate Resource Two Exception 356 (MAR2*356) Zones to prohibit residential uses, and to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 357 (A/RU*357) Zone to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building, on the lands municipally known as 625 Line 12 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Development Services April 3, 2024 Report No. DS2024-038 Page 1 of 10 Page 162 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re- Zoning... Background Development Proposal The purpose of the Zoning By-law Amendment application is to rezone the retained lands from the Agricultural/Rural (A/RU) and the Mineral Aggregate Resource Two (MAR2) Zones to the Agricultural/Rural Exception 356 (A/RU*356) and Mineral Aggregate Resource Two Exception 356 (MAR2*356) Zones to prohibit residential uses, and to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 357 (A/RU*357) Zone to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building. This application is to fulfill a }1 r condition of approval for Consent Application 2023- B-07, which was granted by - the Development Services Committee on June 7, 2023. The Committee granted provisional consent to r- permit a surplus farm dwelling severance subject to a number of conditions, C IYI.bYMM ""' including: that the applicant ti apply for, and obtain, an amendment to the zoning of ea the retained lands prohibiting their use for residential purposes. Property Description The subject lands have a lot area of 70.8 hectares (174.9 acres) and contain a single detached dwelling and three accessory buildings: a barn used to shelter cattle in the winter, and two buildings used for agricultural storage and a garage. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Development Services April 3, 2024 Report No. DS2024-038 Page 2 of 10 Page 163 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Analysis Provincial Policy Statement and Growth Plan Staff has undertaken a comprehensive review and evaluation of the applicant's development proposal based on the policy framework contained within the Provincial Policy Statement 2020 ("PPS"), the Growth Plan for the Greater Golden Horseshoe 2020 ("Growth Plan"), the County of Simcoe Official Plan 2013 ("SCOP") and the Township's Official Plan ("OF). Staff notes that the Township's in-force OP is consistent with the PPS, and conforms with the Growth Plan and the SCOP that were in-force at the time of approval. Planning Staff can advise that the applicant's development proposal is generally consistent with the PPS, and conforms with the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the subject consent application in context to the LSPP and are of the opinion the application conforms to the LSPP. Township of Oro-Medonte Official Plan The subject lands are designated "Agricultural" in accordance with the Township's Official Plan. Rezoning the retained lands to prohibit residential use is consistent with the objectives of the Agricultural designation, since it restricts the retained parcel for agricultural use only. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to prohibit residential use on the retained lands conforms to guiding policies of the Township's Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned "Agricultural/Rural (A/RU)" in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Application 2023-B-07, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on June 7, 2023. Therefore, Staff recommends approval of Zoning By-law Amendment 2023-ZBA-17 and has prepared a Zoning By-law Amendment for consideration by Council. The By-law prepared by Staff would rezone the retained lands from Agricultural/Rural (A/RU) and the Mineral Aggregate Resource Two (MAR2) Zones to the Agricultural/Rural Exception 356 (A/RU*356) and Mineral Aggregate Resource Two Exception 356 (MAR2*356) Zones, which would permit agricultural uses; however, would prohibit residential uses in keeping with PPS policies for surplus farm dwelling Development Services April 3, 2024 Report No. DS2024-038 Page 3 of 10 Page 164 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... severances. The By-law would also rezone the lands to be severed from Agricultural/Rural (A/RU) to Agricultural/Rural Exception 357 (A/RU*357) to recognize the existing barn and the increased floor area of this structure as an existing oversized detached accessory building. 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 • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development — to ensure the development of complete communities and the protection of our rural character. Staff are of the opinion that the proposed development is consistent with the Township's strategic priority. Consultations Notice of this application was circulated to the public and to applicable 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 Building Division: No comment. • Enbridge: No objection. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Rezoning Sketch Schedule 4: Draft Zoning By-law Development Services April 3, 2024 Report No. DS2024-038 Page 4 of 10 Page 165 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2023-ZBA-17 by Trevor Moore, Jennifer Moore, Kevin Moore be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, March 25, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services March 27, 2024 Development Services April 3, 2024 Report No. DS2024-038 Page 5 of 10 Page 166 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 1: Location Map 671 5 641 we. e Mee.En +� 531 1.lef 545 i 681 723 Z Z CMM 531 Ic 446 iC J J 480 485 443 625 425 592 2278 2128 1_SIti6 Srd:E. 540 1811 1759 2001 335 325 18 315 SmaN,C�es 309 41 i Location Q Subject Lands Tentshipof Proud Heritage,Exciting Future 0 loom File Number:2023-6-07 ti 1 1 1 1� Development Services April 3, 2024 Report No. DS2024-038 Page 6 of 10 Page 167 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re- Zoning... Schedule 2: Aerial Photo T na e. + 1�5! 681 } 1 723 iF 446 J � J 480 .�485 s i IPA- � JDJ133i 18, r L3_1 55+1 Sma11�C�eS• 309 41 Aerial 7at�tt;nr1clG� iL�P Q Subject Lands � Proud Heritage,Exciting Future 0 100 Ill File Number:2023-A-24 Development Services April 3, 2024 Report No. DS2024-038 Page 7 of 10 Page 168 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 3: Applicant's Rezoning Sketch MAR? MAR2 EP AIRU A/RU A/RU A/RU EP MAR2 A/RU �dE ED a 6y.0°`0a EP ftm A/RU to A/RU-YY from A/RU MAR2 to A/RU-XX A/RU A/RU A/RU EP RUR2 •linriulrip c?j Rezoning Sketch w-, Aclotile Prom/Hrrirgtr,f>xritigt f0iturr File Number:2023-ZBA-17 Development Services April 3, 2024 Report No. DS2024-038 Page 8 of 10 Page 169 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 4: Draft Zoning By-law The Corporation of the Township Of Oro-Medonte Ely-Law No. 2024-036 A By-laws to amend the zoning provisions which apply to lands at 626 Line 12 Noah, Concession 13, East.Part Lot 14,West Part Lot 15 (Oro), Township of Oro-Nledonte 2023-ZBA-17 (Moore) Whereas ne Co'mdl of tl e �.crocration of the Township c �Irc-Medonte is empoweredto pass E•1;-la-,,3L to egulaia tl•e .ise cf land pursr.a9tto Section 34 of the Planning Act; R.S u 19�c :.P.1°: And Whereas Council deems it appropriate to re-zone the s.ioject lands: Nova Therefore the Council of the Tovenship of Oro-M ado nte he re by enacts as fr,llows: 1. Schedule'Aff to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 13, East Part Lot 14, Wesi Part Lot 15, Oeographic Township of Oro, Township of Oro-M ado nte; County of Simcoe,from the AgftUfturallRural (NRU)Zone and Mineral Aggnegale Resources Two(MAR2) Zone to the AgriculturaIfRural Exception 356 (A RU*356) Zone and AgricufturaliRural Exception 357(,e,fRU*35T)Zone; as shaven on Schedule "N'attach ad a nd forming part of this By-law. 2. Section 7-Exception of Zoning By-law 97-95, as amended; is hereby further amended by adding the following subsections: '7.366 *366 Concession 13, East Part Lot 14, West Part Lot 15(Orol, Township of Oro-Medante (MooreI Notwithstanding"Table A4-AgriculturaVRural Zone and Mineral Aggregate Resource Zones Permitted Uses a srngre detached dweRing is not permitted on the lands denoted by the symbol*356 on the schedule to this Sy-law.` s7.357*3667 Concession 13, East Part.Lot 14, West Park Lot iS(Oros, Township of Oro-ledonte (MooreI Notwithstanding"Section 5.1.6-Maximum RoorArea", a detached accessory builds rng on the lands on the date of the passing of this Bey-1 aw with a maximum Roorarea of 359.5 square metre(3:970.0 square feet)is permitted, and any new or replacement accessory builu-rugs and stru�ures shall comply%vMh Section 5.1 of the Zoning By-laws.," 3. Schedule`A" attached to Sy-Iaw No.2024-036 is:declared to form a part of this By- law. 4. This By-law shall comae into effeel upon the dale of passage hereof. subject to the provisions of the Planning Act, as amended, B}r-Law read a First, Second and Third Time,and Passed this.3r" Day of April, K24, Development Services April 3, 2024 Report No. DS2024-038 Page 9 of 10 Page 170 of 176 7.b) DS2024-038, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 'A' To By-Law No. 2024-036 The Corporation of the Township of Oro-Medonte A N 7'1� Wi Vrd-IE.- N� A ® Lands to be rezoned Frorn the AgriculturallRural (A/RU) Zone to the Agricultural/Rural Exception 357 (A/RU'357) Zone Lands Rezoned From the Agricultural Rural (A/RU) and the Mineral Aggregate Resource Two(MAR2) Zone to the Agricultural Exception 356 (A1RU'356) Zone and Mineral Aggregate Resource Two Exception 356 (MAR2'356) Zone This is Schedule W to By-Law 2024-036 passed the 3"day of April, 2024. Development Services April 3, 2024 Report No. DS2024-038 Page 10 of 10 Page 171 of 176 7.c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Tempor... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: April 3, 2024 Report No: DS2024-042 Subject: Temporary Trailer Agreement, 245 Tudhope Boulevard, Gordon and Terri Hoernke Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-042 be received and adopted. 2. That Committee authorizes the request of Gordon and Terri Hoernke, to temporarily reside to a maximum of twenty-four (24) months from the passing of By-law No. 2024-035, in a trailer on the property at 245 Tudhope Boulevard, and the trailer is to be removed after the completion of the dwelling. 3. That the appropriate by-law authorizing the temporary agreement be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services signature. Background The subject property is vacant and has a lot area of 0.7 hectares (1.7 acres) and is located on the south side of Tudhope Boulevard (refer to Schedule 1 ). The applicants are requesting permission to temporarily live in a trailer for a period of up to twenty-four (24) months on the lands while a new dwelling is constructed on the property. However, living in a trailer is not permitted under the Township's Zoning By-law 97-95, as amended. Development Services April 3, 2024 Report No. DS2024-042 Page 1 of 5 Page 172 of 176 7.c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Tempor... Analysis N, The Township has historically permitted r '' property owners to temporarily reside in ' their existing dwelling or a trailer during construction of the new ' dwelling/renovation. This practice has been followed contrary to the Township's Zoning By-law, which only allows one dwelling per property and prohibits human habitation of a trailer (outside of licensed trailer parks). However, it is considered a reasonable compromise to assist property owners under certain circumstances. MC3 A financial deposit and agreement (refer to Schedule 2) stipulating the terms of the approval will be required to ensure zoning compliance after the construction n . of the dwelling is complete. The applicants are required to post securities for $2,500.00 to ensure the removal of the trailer. It is anticipated that the applicant will expedite the construction of the house in order to have their securities returned expeditiously. The applicant will be required to submit their cheque for $2,500.00 as the security deposit to ensure the removal of the trailer, prior to the building permit for the dwelling being issued. Financial/Legal Implications/ Risk Management A $2,500 security deposit is required prior to issuance of a building permit for the new dwelling to ensure removal of the trailer once the new dwelling is constructed. Policies/Legislation • Planning Act • Building Code Act Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations • Landowner Development Services April 3, 2024 Report No. DS2024-042 Page 2 of 5 Page 173 of 176 7.c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Tempor... Attachments Schedule 1: Location Map Schedule 2: Temporary Trailer Agreement Conclusion Approval of the attached agreement to permit the landowners to use a trailer for a maximum twenty-four (24) month period while a new dwelling is constructed, is considered appropriate and should be authorized. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, March 27, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services March 27, 2024 Development Services April 3, 2024 Report No. DS2024-042 Page 3 of 5 Page 174 of 176 7.c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Tempor... Schedule 1: Location Map xdo w.a F dd umb a 234 246 262 276 200 wa�•na Hatt na w. Tudhope Blvd. 11 5 257 275 285 in r 10 Y L) L Q. Y Y 5 754 762 776 792 342 188 108 746 Springhome Rd. Lakeshore Rd.E. H 791 799 187 78765775 783 712 159106 110 116181 82 90 98 } 66 74 Location Subject Lands To hivot Prond Heritage,Exciting I n, 0 loom ti Development Services April 3, 2024 Report No. DS2024-042 Page 4 of 5 Page 175 of 176 7.c) DS2024-042, Andy Karaiskakis, Manager, Planning Services re: Tempor... Schedule 2: Temporary Trailer Agreement AGREEMENT In consideration of receiving a building permit from the Township of Oro-Medonte, we, Gordon and Terri Hoernke, of the Township of Oro-Medonte in the County of Simcoe, covenant and agree as follows: 1. That we are the registered owners of Lot 33, Plan 1642 (Oro), Township of Oro-Medonte, being more particularly described as 245 Tudhope Boulevard. 2. That we have applied to the Council of the Corporation of the Township of Oro-Medonte for permission to temporarily reside in a trailer on the above-mentioned lands, at the same time as a new dwelling is under construction on those same lands, wherein such procedure is not provided for under the provisions of the Township of Oro-Medonte's Zoning By-law as amended. 3. That I hereby acknowledge that permission has been given by the Council of the Corporation of the Township of Oro-Medonte subject to the following provisions: a) That such permission is granted for a term of twenty-four (24) months from the passing of By-law No. 2024-035 or until completion of the proposed new dwelling, whichever is the lesser period of time; and, b) That on completion of the new dwelling, as evidenced by a Provisional Occupancy Certificate, the trailer is to be removed within one month to the satisfaction of the Township's Chief Building Official. 4. That certified funds in the amount of$2,500.00 be retained by the Corporation of the Township of Oro-Medonte until the above-mentioned conditions are fulfilled to the sole satisfaction of the Township. a) Failure to comply with the aforementioned conditions will result in the Corporation of the Township of Oro-Medonte redeeming the certified funds at its sole discretion. 5. That we hereby agree to the terms and conditions set out above. 6. It is understood that failure to comply with the terms and conditions as set out herein, shall release and save harmless the Corporation of the Township of Oro-Medonte from pursuing such litigation, as may be necessary to secure compliance or conformity with any applicable Municipal By-law or provincial Regulation as may be provided for. 7. We hereby covenant and agree to indemnify and save harmless the Township of Oro- Medonte from all costs, claims, liability, and actions which may result or arise from the issuance of the building permit or the entering into of this agreement. Development Services April 3, 2024 Report No. DS2024-042 Page 5 of 5 Page 176 of 176