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07 03 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting Township of Proud Heritage,Exciting Future Wednesday, July 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 173 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 - 17 a) Minutes of Development Services Committee meeting held on Wednesday, June 5, 2024. 06 05 2024 Development Services Committee Minutes 5. Public Meetings: 18 - 28 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 6 Part Lot 5 Reference Plan 51 R29419 Part 2 Reference Plan 51 R44322 Part 1 (Oro), municipally known as 478 Bass Lake Sideroad West, Concession 6 West Part Lots 3 To 5 and Reference Plan 51 R23115 Part 1 Reference Plan 51 R29419 PT Part 1 (Oro), municipally known as 2573 Line 5 North, and Concession 6 Part Lot 5 Reference Plan 51 R29419 Parts 3 AND 4 (Oro), 2024-ZBA-04 (Frost). Notice of Receipt of Complete Application & PM 5a Presentation 29 - 47 b) 5:45 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 Lot 5, Concessions 3 and 4, Township of Oro-Medonte (formerly Oro, County of Simcoe), municipally known as 1552 Bass Lake Sideroad West, 2024-ZBA-06 (Eagles Rest Estates). Notice of Receipt of Complete Application & PM 5b Presentation 5b Agent's Presentation Page 2 of 173 6. Public Hearings: 48 - 74 a) 6:00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-06, Annetta Quinlan, Peter Quinlan, David Quinlan and Marie Wursten, 261 Penetanguishene Road and Minor Variance Application 2024-A-34, Annetta Quinlan, David Quinlan & Marie Wursten, 245 Penetanguishene Road. DS2024-084 6a Presentation 75 - 86 b) 6:10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-35, Shirley Guitard, 440 Line 11 North. DS2024-088 6b Presentation 87 - 100 c) 6:20 p.m. DS2024-091, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-36, Enza Badolato, 236 Lakeshore Road West. DS2024-091 6c Presentation 101 - 123 d) 6:30 p.m. DS2024-089, Yubing Fan, Planner re: Minor Variance Application 2024-A-38, John & Andrea Goldsand, 909 Woodland Drive. DS2024-089 6d Presentation 124 - 141 e) 6:40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-37, Erin Nightingale, 510 Lakeshore Road East. DS2024-086 6e Presentation 142 - 162 f) 6:50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Special Projects re: Consent Application 2024-B-07, Henrietta Houston, 3276 Penetanguishene Road. DS2024-085 6f Presentation 7. Reports of Municipal Officers: 163 - 173 a) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site Plan Control By-law Update [Refer to Item 5a) 07 03 2024 Council Agenda]. DS2024-090 8. Next Meeting Date: August 7, 2024. 9. Adjournment: Page 3 of 173 a) Motion to Adjourn. Page 4 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte �~ Township of Development Services Committee Minutes (W Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, June 5, 2024 4:00 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor David Clark Councillor Richard Schell Regrets: Councillor John Bard Councillor Robert Young Staff Shawn Binns, CAO; Janette Teeter, Supervisor/Clerk's Services/Deputy Present: Clerk; Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning Special Projects; Catherine McCarroll, Senior Planner; Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk; Ryan Hill, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Page 1 of 13 Page 5 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC240605-1 Moved by Hutcheson, Seconded by Schell It is recommended that the agenda for the Development Services Committee meeting of Wednesday, June 5, 2024 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. DSC240605-2 Moved by Greenlaw, Seconded by Clark It is recommended that we do now go in Closed Session at 4:04 p.m. to discuss • Litigation affecting the municipality (Cannabis); • A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Inter Municipal- Relationships, Provincial Facilitator). Carried. b) Motion to Rise and Report. Motion No. DSC240605-3 ' Moved by Clark, Seconded by Hutcheson It is recommended that we do now Rise at 5:05 p.m. and Report on the Closed Session Items 4 c) Brent Spagnol, Director, Development Services re: Litigation affecting the municipality (Cannabis); d) Shawn Binns, CAO; George Vadeboncoeur, Manager, Planning Special Projects re: A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Inter Municipal- Relationships, Provincial Facilitator). Carried. Page 2 of 13 Page 6 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. c) Brent Spagnol, Director, Development Services re: Litigation affecting the municipality (Cannabis). The following staff were present: Shawn Binns, Chief Administrative Officer; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning Special Projects; Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk. Motion No. DSC240605-4 Moved by Schell, Seconded by Greenlaw It is recommended 1. That the confidential correspondence dated June 5, 2024 and confidential verbal information presented by Brent Spagnol, Director, Development Services re: Litigation affecting the municipality (Cannabis) be received. 2. That staff and legal counsel proceed as directed by the Committee. Carried. d) Shawn Binns, CAO; George Vadeboncoeur, Manager, Planning Special Projects re: A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Inter Municipal- Relationships, Provincial Facilitator). The following staff were present: Shawn Binns, Chief Administrative Officer; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning Special Projects; Donna Hewitt, Director, Corporate Services; Yvonne Aubichon, Clerk. Motion No. DSC240605-5 Moved by Clark, Seconded by Schell It is recommended that the confidential memorandum correspondence received June 5, 2024 and confidential verbal information presented by Shawn Binns, CAO; George Vadeboncoeur, Manager, Planning Special Projects re: A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Inter Municipal-Relationships, Provincial Facilitator) be received. Carried. Page 3 of 13 Page 7 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. 5. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, May 1 , 2024. Motion No. DSC240605-6 Moved by Hutcheson, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, May 1 , 2024 be received and approved as printed and circulated, as amended to amend Item 7c), Motion No. DSC240501-15, #3 to add "Acadian Lane" as outlined in Report No. DS2024-049. Carried. Committee recessed at 5:08 p.m. and reconvened at 5:30 p.m. 6. Public Meetings: a) Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, 10793 Highway 12, 2024-ZBA-03 (Freskiw). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by William Freskiw. The following correspondence was received: Enbridge Gas dated May 22, 2024; Bell Canada dated May 24, 2024; Nottawasaga Valley Conservation Authority dated June 3, 2024 and June 5, 2024; Township of Oro-Medonte, Building Division dated June 5, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. William Freskiw, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 13 Page 8 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. 7. Public Hearings: a) DS2024-053, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-25, Robert Ahearn, 346 Shanty Bay 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 Ahearn. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 8, 2024; Severn Sound Environmental Association dated May 8, 2024; Township of Oro-Medonte, Building Division dated May 13, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240605-7 Moved by Schell, Seconded by Clark It is recommended 1 . That DS2024-053, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-25, Robert Ahearn, 346 Shanty Bay Road be received and adopted. 2. That Minor Variance Application 2024-A-25 by Robert Ahearn, specifically to permit a lot coverage of 7.2% for all detached accessory buildings on the subject lands and recognize the reduced interior side yard setback of 1.7 metres (5.6 feet) for the existing detached accessory building, on lands municipally known as 346 Shanty Bay Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024- 053. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 13 Page 9 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. b) DS2024-076, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-52 Revised, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Rosalie Dawson and Shayne Pierce. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 13, 2024; Township of Oro-Medonte, Building Division dated May 15, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Rosalie Dawson, 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. DSC240605-8 Moved by Hutcheson, Seconded by Greenlaw It is recommended 1 . That DS2024-076, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-52 Revised, Rosalie Dawson & Shayne Pierce, 169 Shoreline Drive be received and adopted. 2. That Minor Variance Application 2023-A-52 Revised by Rosalie Dawson & Shayne Pierce specifically for permission to build a 189.0 square metres (2,034.4 square feet) addition to the existing non-complying single detached dwelling located within the required 20.0 metre (65.6 feet) setback from the average high water mark of Lake Simcoe, on lands municipally known as 169 Shoreline Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-076. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 13 Page 10 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. c) DS2024-077, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024- A-28, Elissa & Ian Balfour, 12 Country Club Lane. 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 Elissa and Ian Balfour. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 9, 2024; Township of Oro-Medonte, Building Division dated May 15, 2024; Sue Rose and Jack Lynch dated May 21 , 2024 and June 2, 2024; Horseshoe Valley Property Owners Association dated May 24, 2024 and June 3, 2024; Township of Oro-Medonte, Environmental Services Division dated May 28, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240605-9 Moved by Schell, Seconded by Clark It is recommended 1 . That DS2024-077, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-28, Elissa & Ian Balfour, 12 Country Club Lane be received and adopted. 2. That Minor Variance Application 2024-A-28 by Elissa & Ian Balfour, specifically to permit a second apartment dwelling unit in the existing single detached dwelling with a floor area of 82.3 square metres (885.5 square feet), on lands municipally known as 12 Country Club Lane, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-077. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 13 Page 11 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. d) DS2024-078, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-29, Foad & Esther Sabet, 15 Georgina Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Foad and Esther Sabet. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 13, 2024; Township of Oro-Medonte, Building Division dated May 13, 2024; Lake Simcoe Region Conservation Authority dated May 23, 2024 and June 5, 2024; Rita and Dan Diog dated June 3, 2024; Marette Sharp dated June 4, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Chris Bowman and Marette Sharp, agents on behalf of the applicant, were present. The following public comments were provided: Dan Doig provided comments regarding destruction of trees/tree roots, visual presence and elevation of pool, reverberation of noise, potential removal/destruction of hedge, concrete wall and washroom location, noise/generator noise, slope of ground and erosion concerns. Rita Doig provided comments regarding the number of trees, ages of the trees, preservation and environmental comments. Chris Bowman provided comments regarding pool measurements and location, location of the hedge and tree preservation. 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. DSC240605-10 a Moved by Greenlaw, Seconded by Hutcheson It is recommended that Minor Variance Application 2024-A-29, Foad & Esther Sabet, 15 Georgina Drive be deferred to provide the applicant with the opportunity to obtain an arborist report to review measures to preserve the root system of tree and hedge vegetation in the proposed pool location. Carried. Page 8 of 13 Page 12 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. e) DS2024-083, Andy Karaiskakis, Manager, Planning Services, re: Minor Variance Application 2024-A-30, Roger Chouinard & Julie Bussieres, 123 Robinson Street. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Roger Chouinard and Julie Bussieres. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 13, 2024; Township of Oro-Medonte, Building Division dated May 13, 2024; Orme Carless dated May 14, 2024; Lake Simcoe Region Conservation Authority dated May 27, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Nick Skerratt, agent on behalf of the applicant, was present. A PowerPoint presentation was presented. Roger Chouinard and Julie Bussieres, applicants, were present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240605-11 Moved by Greenlaw, Seconded by Schell It is recommended 1 . That DS2024-083, Andy Karaiskakis, Manager, Planning Services, re: Minor Variance Application 2024-A-30, Roger Chouinard & Julie Bussieres, 123 Robinson Street be received and adopted. 2. That Minor Variance Application 2024-A-30 by Roger Chouinard & Julie Bussieres specifically to construct a new single detached dwelling with a reduced interior side yard setback of 1 .25 metres (4.10 feet) (west setback to attached garage only) and a reduced setback from the average high water mark of Lake Simcoe of 17.62 metres (57.8 feet) to the wood deck and 15.85 metres (52.0 feet) to the wood deck stairs, on lands municipally known as 123 Robinson Street, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-083. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 13 Page 13 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. f) DS2024-068, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-31 , Daniel Vezina and Elaine Carr, 2219 Lakeshore Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Daniel Vezina and Elaine Carr. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 13, 2024; Township of Oro-Medonte, Building Division dated May 13, 2024; Kelly Clune dated May 21 , 2024; Lake Simcoe Region Conservation Authority dated May 24, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Daniel Vezina, 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. DSC240605-12 Moved by Hutcheson, Seconded by Clark It is recommended 1 . That DS2024-068, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-31 , Daniel Vezina and Elaine Carr, 2219 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2024-A-31 submitted by Daniel Vezina and Elaine Carr, specifically to: • permit a detached garage with a setback of 4.1 metres (13.4 feet) from the front lot line on lands known municipally as 2219 Lakeshore Road East, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2024-068. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 13 Page 14 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. g) DS2024-069, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-33, Glenn &Amy Fillmore, 11 Richelieu 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 Glenn and Amy Fillmore. The following correspondence was received: Township of Oro-Medonte, Operations Division dated May 13, 2024; Township of Oro-Medonte, Building Division dated May 13, 2024; Severn Sound Environmental Association dated May 16, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Glenn Fillmore, 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. DSC240605-13 Moved by Hutcheson, Seconded by Schell It is recommended 1. That DS2024-069, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-33, Glenn and Amy Fillmore, 11 Richelieu Road be received and adopted. 2. That Minor Variance Application 2024-A-33 submitted by Glenn and Amy Fillmore, specifically to: • permit an attached garage with a setback of 1.50 metres (5.0 feet) from the interior side lot line on lands known municipally as 11 Richelieu Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2024-069. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Motion No. DSC240605-14 Moved by Hutcheson, Seconded by Clark It is recommended that Rule 14.20a), as per the Procedural By-law No. 2023-043, be suspended in order to allow the meeting to proceed past the 4 hour adjournment requirement. Carried. Page 11 of 13 Page 15 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. h) DS2024-081, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-27, Michael Brown, 2299 Lakeshore Road East. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Michael and Kelly Brown. The following correspondence was received: Alderville First Nation dated May 16, 2024; Township of Oro-Medonte, Operations Division dated May 24, 2024; Lake Simcoe Region Conservation Authority dated May 24, 2024; Township of Oro-Medonte, Building Division dated June 5, 2024. Brent Spagnol, Director, Development Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Michael Brown, 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. DSC240605-15 Moved by Greenlaw, Seconded by Hutcheson It is recommended 1 . That DS2024-081, Brent Spagnol, Director, Development Services re: Minor Variance Application 2024-A-27, Michael Brown, 2299 Lakeshore Road East be received and adopted. 2. That Minor Variance Application 2024-A-27 be approved subject to conditions outlined in DS2024-081 to specifically provide relief from By-law 97-95, as amended, on lands municipally known as 2299 Lakeshore Road East, Township of Oro-Medonte to permit an oversized accessory building (garage/shop) as follows: • Front yard setback of 2.0 metres (6.5 feet), • Interior lot line setback of 1 .2 metres (4.0 feet) • Maximum height of 6.1 metres (20.0 feet) • Maximum floor area of 113.7 sq m (1 ,224.0 sq ft) • Maximum lot coverage of 8.5%. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 13 Page 16 of 173 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 5, 2024. 8. Reports of Municipal Officers: a) DS2024-082, Brent Spagnol, Director, Development Services re: Fee Refund Requests- Big Cedar-Minor Variance Applications/Options Report. The Committee consented to allow Doug Humphries to provide additional information. Motion No. DSC240605-16 Moved by Clark, Seconded by Schell It is recommended 1 . That DS2024-082, Brent Spagnol, Director, Development Services re: Fee Refund Requests-Big Cedar-2024-A-17 & 2024-A-23/Options Report be received and adopted. 2. That staff proceed with Option 2 as outlined in DS2024-082. 3. That Big Cedar Park is notified that there will be no further refunds until the Township's zoning by-law is updated. Carried. 9. Next Meeting Date: July 3, 2024. 10.Adjournment: a) Motion to Adjourn. Motion No. DSC240605-17 Moved by Clark, Seconded by Greenlaw It is recommended that we do now adjourn at 8:43 p.m. Carried. An audio recording is available through the Township's website. Chair, Deputy Mayor, Peter Lavoie Deputy Secretary-Treasurer, Catherine McCarroll Page 13 of 13 Page 17 of 173 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 I/niiMr.F,+dtlwt F....,. the Township of Oro-Medonte 2024-ZBA-04 (Frost) 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 2111 day of May, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on July 3, 2024 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 6 Part Lot 5 Reference Plan 51 R29419 Part 2 Reference Plan 51 R44322 Part 1 (Oro), municipally known as 478 Bass Lake Sideroad West, Concession 6 West Part Lots 3 To 5 and Reference Plan 51 R23115 Part 1 Reference Plan 51 R29419 PT Part 1 (Oro), municipally known as 2573 Line 5 North, and Concession 6 Part Lot 5 Reference Plan 51 R29419 Parts 3 AND 4 (Oro). A key map illustrating the location of the subject lands, and a copy of the zoning sketch including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to remove Exception 197 Hold (*197(H))which permitted a Bed &Breakfast Establishment and rezone the subject lands to the Agricultural/Rural (A/RU)Zone, Rural Residential Two (RUR2)Zone and Open Space (OP)Zone. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ninq(o)oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(@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 Page 18 of 173 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 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 12"'day of June, 2024. Location Map s o 460 Bass Lake-Srd.W. ' F593 -- _-- 651 J Z 2401 0 387 N� C_ L Page 19 of 173 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Zoning Sketch ti --Bass Lake-5Rd.W.- z io a) 'c J ® Lands Rezoned From Agricultural/Rural Exception 197 (Hold) (A/RU*197(H))Zone to Agricultural/Rural (A/RU)Zone :ILands Rezoned From Agricultural/Rural Exception 197 (Hold) (A/RU*197(H))Zone to Open Space (OS)Zone ® Lands Rezoned From Agricultural/Rural Exception 197 (Hold) (A/RU"197(H))Zone to Rural Residential Two (RUR2)Zone Page 20 of 173 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... I �^ ---.'.w.9 auil W Q o x Y N � � ca U Q o LL o E U M o o o � x .� �— w cn Q — Ca J r _M ° U > 00 � ^ ca U) N J NQ O COIL Page 21 of 173 5.a 5:30 p.m. Notice of Receipt p of a Complete Application; Notice of Pa... 04 0 i H a J.CD T O N �a tv °mw�Naa =r�,� rEQ Al: ' _ aH�� �3Laj a0a _ mma «x _ 22 3 u a`nCn u.�� m ■- � (1) LL f� C N9 a"'I N Cz m a .� a �n a a Page 22 of 173 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W O B o � n Mm m a r a � r � r C C C O O O Q Q O N 1v X Xd XO Y W W C W O O � O N 7 I 7 7N ■ ■ m �N O O Q Q a _ E: EO E d O L O 0 O o }/ Cn LL y lL d lL � Q C a C V C N C m U �a � � o 0� �cm -a am 7 cc c� cc J N J a J N Q N ®0 11 0 O W LL r 0 O C N O C 0 �_ N U E a) a) a� m O a) U p(6 Q j a) coo O4-1 NE o a' Q o NQo a) EE � � � Q M L Q }, � M � . . G� � M � � � Em0 o N 0° � N L ti U_ r aN � LU < Page 23 of 173 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s W O � B C! 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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 REVISED 2024-ZBA-06 (Eagles Rest Estates) 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 111"day of June, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on July 3, 2024 at 5:45 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 Lot 5, Concessions 3 and 4, Township of Oro-Medonte (formerly Oro, County of Simcoe), municipally known as 1552 Bass Lake Sideroad West. 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 319 (R1*319)and Residential One Exception 320 (R1*320) to provide following relief from Section 5.1.3 of the Zoning By-law: 1) A retaining wall greater than 1 m in height may be permitted within 0 metres of the front lot line; 2) A retaining wall greater than 1 m in height may be permitted within 0 metres of the rear lot line; 3) A retaining wall greater than 1 m in height may be permitted within 0 metres of an exterior side yard; and, 4) A retaining wall greater than 1 m in height may be permitted within 0 metres of an interior side lot line. Notwithstanding this provision, a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. This provision shall apply to the entire lands as shown on the applicant's zoning sketch. 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 c@oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. Page 29 of 173 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ninq(aD_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 ningCo)oro-medonte.ca Dated at the Township of Oro-Medonte this 12"'day of June, 2024. 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Z � O J a a � CD1i W y � t V > . o : Z act O • • W d Page 47 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... -�(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: July 3, 2024 Report No.: DS2024-084 Subject: Consent Application 2024-13-06, Annetta Quinlan, Peter Quinlan, David Quinlan and Marie Wursten, 261 Penetanguishene Road and Minor Variance Application 2024-A-34, Annetta Quinlan, David Quinlan & Marie Wursten, 245 Penetanguishene Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-084 be received and adopted. 2. That Consent Application 2024-B-06 by Annetta Quinlan, Peter Quinlan, David Quinlan and Marie Wursten, to permit a boundary adjustment having a lot frontage of approximately 30.5 metres (100.0 feet), a lot depth of approximately 5.5 metres (18.0 feet) and an area of approximately 0.02 hectares (0.04 acres) to be added to the property located at 245 Penetanguishene Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-084. 3. The conditions are as follows: a) That the owners apply for the issuance of a Certificate of Cancellation in order to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate the merger of the severed parcel and 245 Penetanguishene Road; Development Services July 3, 2024 Report No. DS2024-084 Page 1 of 15 Page 48 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... b) That the severed lands being Part 2 on Plan 51 R15844 with an area of approximately 0.02 hectares (0.04 acres) and approximately 30.5 metres (100.0 feet) of frontage on Penetanguishene Road be merged in title with the abutting property to the north/south/east, described as Concession 1 Part Lot 4 51 R15844 Part 1, municipally known as 245 Penetanguishene Road, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; and 2) consolidate the severed and benefitting parcels to one Property Identification Number; c) That the applicant obtain final approval of all necessary Minor Variances to the satisfaction of the Township of Oro-Medonte; d) That all municipal taxes be paid to the Township of Oro-Medonte; e) 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; f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels; g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. That Minor Variance Application 2024-A-34 by Annetta Quinlan, David Quinlan & Marie Wursten, specifically to permit a minimum lot area of 0.19 hectares (0.46 acres) and a minimum lot frontage of 30.5 metres (100.0 feet), on lands municipally known as 245 Penetanguishene Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-084. 5. The conditions are as follows: a) That notwithstanding Table B4 — A and Table B4 - B of Zoning By-law 97- 95, the proposed lot configuration shall otherwise comply with all other applicable provisions of the Zoning By-law; and, b) That the proposed lot configuration be substantially and proportionally in conformity with the dimensions as set out on the application and approved by the Committee. Development Services July 3, 2024 Report No. DS2024-084 Page 2 of 15 Page 49 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... 6. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background '= The applicants are applying for a lot (77- addition and minor variance to correct an error in registration and to facilitate the a establishment of legal road frontage for an existing parcel at 245 Penetanguishene - Road. The property located at 245 Penetanguishene Road represents the benefitting lands currently having a total lot ZOZ, area of 0.17 hectares (0.42 acres) a according to MPAC records and contains a f single detached dwelling. r 261 Penetanguishene Road represents the retained lands currently consisting of a lot area of approximately 43.6 hectares (107.6 acres) according to MPAC records. The property extends from Penetanguishene Road to Line 1 South and contains a dwelling and several agricultural buildings. Surrounding land uses consist mostly of agricultural uses to the north and south, and the City of Barrie is located to the west of the subject lands. The location map is included as Schedule 1 to this report. Proposed Boundary Adjustment Consent Application B20/86 was granted in 1986 to permit the creation of a new lot. Parts 1 & 2 r Lands to be added to benetitting Lands for Legal Road Frontage Benefltting of Plan 51 R15844 were intended Lands to be registered as a new lot; c however, the registration only included Part 1, resulting in the severed lot being landlocked (no frontage on Penetanguishene -- Road). The applicants have submitted Consent Application 2024-B-06 to permit a boundary adjustment to sever Part 2 of Plan 51 R15844 Development Services July 3, 2024 Report No. DS2024-084 Page 3 of 15 Page 50 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... from 261 Penetanguishene Road and merge it with benefitting lands located at 245 Penetanguishene Road. The details of the boundary adjustments are noted below: Lands to be Severed Lands to be retained Total Merged lands from (261 Penetanguishene (245 Penetanguishene 261 Penetanguishene Road) Road) Road and added to 245 Penetanguishene Rd Frontage: Approximately 30.5 m Approximately 186.8 m Approximately 30.5 m 100.0 ft. 612.8 ft. 100.0 ft. Depth: Approximately 5.5 m Approximately 2,051.0 m Approximately 61.0 m 18.0 ft. 6,728.9 ft. 200.0 ft. Area: Approximately 0.02 ha Approximately 43.5 ha Approximately 0.19 ha 0.04 ac. 107.6 ac. 0.46 ac. Use: To be merged with the Agricultural and woodlot Residential existing residential use No new lots are proposed as a result of the boundary adjustment/lot addition. Proposed Minor Variance The proposed residential lot configuration is deficient in lot area and lot frontage; therefore, the applicants are seeking relief to the following sections of Zoning By-law 97- 95: Table B4 - A - Minimum Lot Area (Agricultural/Rural Zone Required: Proposed: 0.4 hectares 0.99 acres 0.19 hectares 0.46 acres Table B4 - B - Minimum Lot Frontage (Agricultural/Rural Zone Required: Proposed: 45.0 metres 147.6 feet 30.5 metres 100.0 feet Analysis Provincial Policies The Provincial Policy Statement (PPS) permits lot adjustments in prime agricultural areas for legal or technical reasons. `Legal or technical reasons' include easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. Planning Staff are satisfied that this application can be classified as a minor boundary adjustment as the purpose is to correct a previous error in registration, it would not result in the creation of a new lot and is not anticipated to negatively impact the viability of the retained farmland as these lands are not being farmed. Development Services July 3, 2024 Report No. DS2024-084 Page 4 of 15 Page 51 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... Township of Oro-Medonte Official Plan The subject lands are designated `Rural', `Greenlands' and `Agricultural' in the County of Simcoe Official Plan and the Township's Official Plan (2022), see Schedules 4 and 5 to this report. The lands to be severed from 261 Penetanguishene Road and merged with 245 Penetanguishene Road are designated `Rural'. Section 4.8.7 — Boundary Adjustments allows for the consideration of general boundary adjustment policies provided that the boundary adjustment will not negatively affect the viability of any agricultural parcels affected. Based on the fact that the lands are not being farmed and are being utilized to provide access to the existing residential lot, Planning Staff are satisfied that the proposed boundary adjustment is in keeping with the intent of the `Rural' policies stated in the Official Plan, and conform to the boundary adjustment policies contained in Section 4.8.7 as no new building lot is proposed and the proposed boundary adjustment will not affect the viability of the retained agricultural parcel. Based on the above, Planning Staff are of the opinion that the boundary adjustment conforms to the Township's Official Plan as it is technical in nature and will correct a historical error in registration which was intended provide legal road frontage onto Penetanguishene Road. Township's Zoning By-law The lands to be severed and the benefitting lands are zoned Agricultural/Rural (A/RU) and the lands to be retained are zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). The `Environmental Protection Zone' serves as a buffer around natural heritage features located on the east side of 261 Penetanguishene Road. Subject to approval of Minor Variance Application 2024-A-34, both the benefitting lands and retained parcel would comply with the Zoning By-law. The applicants are seeking relief from the Zoning By-law to permit a minimum lot area of 0.19 hectares (0.46 acres) and a minimum lot frontage of 30.5 metres (100.0 feet) for the benefitting parcel (245 Penetanguishene Road). These variances will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy Development Services July 3, 2024 Report No. DS2024-084 Page 5 of 15 Page 52 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... 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? Based on the applicable designations (`Agricultural' and `Rural'), Planning Staff is satisfied that the proposed variances conform to the Township's Official Plan as the application is technical in nature and will not result in the removal productive farmland. Do the variances conform to the general intent and purpose of the Zoning By-law? The (A/RU) Zone requires a minimum lot area of 0.4 hectares (0.99 acres) and a minimum lot frontage of 45.0 metres (147.6 feet) for residential uses. The applicants require minor variances to address the proposed deficient lot area and lot frontage as they are proposing a lot area of 0.19 hectares (0.46 acres) and a lot frontage of 30.5 metres (100.0 feet). In comparison, lots in the Residential One Zone require a minimum lot area of 0.2 hectares (0.49 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The Zoning By-law's minimum lot frontage and lot area requirements are intended to ensure that there is adequate space on the lot to fit a dwelling, private individual services (well and septic system) when other forms of servicing are unavailable, and driveway, with appropriate setbacks to the lot lines. 245 Penetanguishene Road is currently landlocked with an area of 0.17 hectares (0.42 acres) and the proposed boundary adjustment will improve the situation of non- compliance by adding approximately 0.02 ha (0.04 ac.) of land to establish a legal lot with frontage along Penetanguishere Road. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law as they facilitate a technical boundary adjustment to provide legal lot frontage to the existing residential lot. Development Services July 3, 2024 Report No. DS2024-084 Page 6 of 15 Page 53 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... In addition, the retained agricultural parcel will comply with the minimum lot provisions of the Zoning By-law and the agricultural viability of the parcel will not be affected by the proposed application. Are the variances desirable for the appropriate development of the lot? In Planning Staff's opinion, 245 Penetanguishene Road is currently fully functional with respect to matters such as servicing, parking, setbacks and outdoor amenity space. The proposed boundary adjustment will improve the situation of non-compliance by providing the subject lands with frontage along Penetanguishene Road and provide additional lot area. The proposed lot configuration is not anticipated to stand out or detract from the established character and built form of this agricultural area. 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 variances do not impact the functionality of the existing parcel, but represent an improvement as they will facilitate the provision of legal road frontage. In addition the proposal will not remove valuable farm land from the retained lands nor have an impact on the agricultural viability of the parcel. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services July 3, 2024 Report No. DS2024-084 Page 7 of 15 Page 54 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... 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. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — No comment. • Township Infrastructure and Capital Projects — No comments. • Township Fire Department— No comments. • Severn Sound Environmental Association - Based on the proposed use of the property and the vulnerability score, neither Section 57 (Prohibition) nor Section 58 (Risk Management Plan) of the Clean Water Act, 2006 apply to this application. As such, no additional notices, letters, or requirements from the Township of Oro-Medonte Risk Management Official are required as the application is currently presented. • Nottawasaga Valley Conservation Authority— No objection. Attachments Schedule 1: Location Map Schedule 2: Proposed Boundary Adjustment Schedule 3: Applicant's Site Plan Schedule 4: County of Simcoe Official Plan — Land Use Schedule 5: Township Official Plan — Land Use Schedule 6: Existing Zoning Conclusion Based on Planning Staff's analysis of these applications, it is Staff's recommendation that Consent Application 2024-B-06 for the purpose of a boundary adjustment/lot addition be approved subject to the conditions outlined in the recommendations, and that Minor Variance Application 2024-A-34 be approved, specifically to permit a minimum lot area of 0.19 hectares (0.46 acres) and a minimum lot frontage of 30.5 metres (100.0 feet), on lands municipally known as 245 Penetanguishene Road, as the application meets the four tests of the Planning Act and the applications conform to and are consistent with applicable Provincial, County and Township land use policies, and represents good planning. Development Services July 3, 2024 Report No. DS2024-084 Page 8 of 15 Page 55 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, June 24, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services June 26, 2024 Brent Spagnol, RPP, Director, Development Services June 27, 2024 Development Services July 3, 2024 Report No. DS2024-084 Page 9 of 15 Page 56 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... Schedule 1: Location Map 443 x.�«x w� xew, wn-n vu.xdE. 419 700 ae�2- r- 385 !'eec- N+u wa w. 363 an Geo,—Dr, 337 kL o. Newitt PI. c c 295 =am z aw 261 >A m 239 m c a vi J 2024-A-34& 199 2024-B-06 1 Ls i 3240 - 1292 Location ® Subject Lands Tortmslli- Proud Heritage,Exciting Future 0 loom File Number:2024-A-34&2024-B-06 N �� Development Services July 3, 2024 Report No. DS2024-084 Page 10 of 15 Page 57 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re, Conse... Schedule 2: Proposed Boundary Adjustment A.6`ry_ wive 'PE dB"rfj.:6u�,,-Ef✓E t•..�;,;.611.1r1 ,� _. nCH^I 66y�t99) J?OAV A LLD WANCC 15E-1 i. : -I VL.`Srti'•' i�5 W 10 f•'IE r- I — �� i.�... � 1el �S•trflf^J Ei'Scne.+l' .,>D �.o- s Nyono flS�:-lcN7 f r i Lands to be severed from a 7n Benefitting lands: 261 Penetanguishene Road ` c 3°' ; 245 Penetanguishene and merged with 245 n i N Road Penetanguishene Road `{ 9e. a _ N A Br r Tyr -' c P 54 M! 2 3 ! S ONrtt l$ W D y: 2 W Dad o 0 0 2 Cc y rW+ y�`L V o �] ' U P A r roa -41 Retained lands: 261 Penetanguishene Road o p w D } L.•r+_ ALLo JA.rv.E iacYo- r,1 C s•,l�l•.. .'^, t F' ToumuI- �f Proposed Boundary Adjustment Proud Heritage,Exciting Faturr File Number:2024-A-34&2024-13-06 Development Services July 3, 2024 Report No. DS2024-084 Page 11 of 15 Page 58 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re, Conse... Schedule 3: Applicant's Site Plan �a = Proposed lot area: 0.19 hectares (0.46 acres) v 1T m Irmo •-,e — w "�=t'i�• o.la' aa.' r: yzj •. . 4 f. e.l<R 41 i rnLl.• �7 - � / N S T. `� N• I,lN✓.wrn7 l6fr9l 2 PAR a W ~' i ;i •4 I•• wa ra e II1 , Yn'�d" n..a• aLw• Ncr}h• J . •.• IQ2 ' ■1 A 8 a Proposed lot frontage: 30.5 metres (100.0 feet) 1 Site Plan �fv �illec�ate Proud Heritage,Exciting Future File Number:2024-A-34&2024-B-06 Development Services July 3, 2024 Report No. DS2024-084 Page 12 of 15 Page 59 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... Schedule 4: County of Simcoe Official Plan — Land Use Rd W pow.. D Hewitt PI. 3 5/6 Srd. m � a ' c c C a m c m L ty tT c 0 m c a, rl 'c J 2024-A-34 8 2024-B-06 County of Simcoe — Land Use ,� =3 Subject Lands Agricultural � ; Greenlands Tu,,,�tw Lands Not Subject To Plan - Rural Proud Heritage,Exciting Future �J 0 100 m File Number:2024-A-34&2024-B-06 N I Development Services July 3, 2024 Report No. DS2024-084 Page 13 of 15 Page 60 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re, Conse... Schedule 5: Township Official Plan — Land Use ,r; 1 i u py¢ 5�61sorC �LV 1 I 1 v - r Iy 1f NMI a-.�. d m G! C p �1 lY✓ I 2024-6-06� 1 �I Township Official Plan - Land Use W Subject Lands Agricultural Greenlands Toumslipo� n Rural Yrorrd Heritage,Exciting Future f� Policy Area I 0 100 m File Number:2024-A-34&2024-B-05 '✓ l i i i l Development Services July 3, 2024 Report No. DS2024-084 Page 14 of 15 Page 61 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... Schedule 6: Existing Zoning A/RU -------- -- --_EP- 7 5/6:Srq. --a 0: _y --J A/RU 2024-A-34& v ----- - c 2024-B-06 A/RU Existing Zoning [� f RUR2(Rural Residential Two) ` r� Subject Lands A/RU(Agricultural/Rural) Township o1 _ EP(Environmental Protection) �/� 1l,zN _ I(Institutional) Proud Heritage,Exciting Fiam r 0 100 m File Number:2024-A-34&2024-B-06 N I Development Services July 3, 2024 Report No. DS2024-084 Page 15 of 15 Page 62 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... � w co 04 3 'y E: 06 c L - Q � r e N (^ m S Pl ¢!nrip Py'a a4 rn...... i (7 ACOr IeY�l O4-1 tu U C:) � t6 U) �. U O Q Ca cj Q w — O 5 — � Q N O cn 0 � 0- L — 4-0 O . . E ++ +r U J cm N w O Q u Page 63 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... 04 � I 06 0 Mcn i ' 1 N7. V. x tM O M4-0 = �' z �" ><� � W +� cy a Ln Tom ( ) CAI U O . rZ (y .. C6 cn L U g t O — r C �„p.• art'' a"G�,�z„�,{� � � /�� r i 3 s I l l sI a. 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O k �4 Page 69 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... w (� G� -0 W � Y o a 0\ *\ t r 06 M i LM o •� > d O cy }+ �/ _ . J •— •� O a N N o N — O � as •— v Q� LO � X N !r W O U a Page 70 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... w c 04 x 3 'y 0 Dn, �\ M cn Q OC 1 � � N � � a� O M t — ` � 3, MA cy oo 14 `/ W N e NJ ar ' rZ U O x C6 ca W O U Page 71 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... LO � 4 ^n' 01 N y O -0 L O cz _O �-_ U — U a) ca a- O c M - O w O Q) O r 0 �f L N -D O L N x cn M O 0 > L (6 t6 0 o Q) 0- c) 0 '� O O Q 1 0 3 a 0 � � � � N Q � U � � : E ,max W c: O N cm O 4--� 0 En M O 0 a) c o � cMo U " }O a- a'_� c a) O Q V 0 � cn Q a) O O cn O N aj 0 - a) cn L O M a) c c cn c U -0 o (6 0 � . `n c � � � � a � O (� a? 4— 4— � cn � a) v O U) m � � � � � `� a� � L O c:) L c �, 0 M U Cam }' � oCD m Q _ 0_ � � +r M� o CUB c � � W m Lj O N Q a) O O a_ +� CMU (6 c U cn N o a) +r O N 0 , c Q) N N `o' er o � a) 3: a) c � U O :3 L o L c 0 0 L N N o in 0 c� a- M L � 70 v DUj a_ a � � o � c � .� O -a �_ c }, o \ � Q 2 < 70 X ca c u� � +r +r L a) U Q Q c O }, w Lf� cm c L Q) 0 cu 4-J c L > 5, cm Cn m E /� ^' /'► \ " ^' 7� L W }� O O7 cn � C op 0 c O a) O 0 a) O c a) U Ln N cn > U +_ ^ (6 M r U a) c ^, +rN a) � O cach m O4- W O (6 .�..� [6 0 r U C (n L) U (!� o � o a) � a) LC) a) M M M o a) a) E U � LnCL � E 'tCO4 -c 0- 0, O o (a U � ~ IX co Page 72 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... _ 4- � o w U 0 O O O � M U w O CL ._ O U L OU N O G � O C UN M i +�+ 06 cn M v a) N O N > � N }' 4-0 > O U U)co C O � 4 V aL) Q) cv U = s c (n O c� 0 LO L CD N � c� 030 � � ° Uno) (� a) N `~ 0 cj O 'er � E0 m I Q L � � � � oo En 0 0 0 0 ELu Q ° s Q COa) U- E U C� 0 cn 0) 0 — 0 — =_ E _ � 0- ° .= s N N Q 0 m n UiQ � 'ca � � U O 0- 4- M O c� LLM = M 9 ca ca D Q Z v) 0 CD` }� O U_ +J L O O � a r . . p O Q L N O O 0 >. � i O O_ E (6 0U E OU 0o � � ate--• (n (6 ate-• a) � � 2: 0 � In ate-• C C O v U -0 a) 4- 0) o� Page 73 of 173 6.a) 6.00 p.m. DS2024-084, Catherine McCarroll, Senior Planner re: Conse... � � w cz cz O '14 co � a 0 0- 4-+ }, U a) a) CO U-i CO L ti O Q � C 0 a)�, ._ C N > o o E 0 (� o 00 Q t U U a) � � L— U o •� cD N .C) � � L 4-- Q CD c- oo Ci m M >' O C V � ai a) M 0- a) •� O N m }' C M ML O MI ^ a) O � O a I p cn C N N ;, 1) (V aj •- Q O M > L) L- • p U m a) a, a) u) - C a) .�' > M a o � O ._ O C O — O (n C �M L U) � � QU) U o � a :3 }, 00El, QM oo a 0) 4- c E U OU O O : a) U � � Q � Page 74 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: July 3, 2024 Report No: DS2024-088 Subject: Minor Variance Application 2024-A-35, Shirley Guitard, 440 Line 11 North Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-088 be received and adopted. 2. That Minor Variance Application 2024-A-35 by Shirley Guitard specifically to permit a retained lot with a minimum lot area of 0.23 hectares (0.58 acres), on lands municipally known as 440 Line 11 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-088. 3. The conditions are as follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed retained lot shall otherwise comply with all other applicable provisions of the Zoning By-law; and, b) That the proposed lot be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 3, 2024 Report No. DS2024-088 Page 1 of 7 Page 75 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... Background Development Services Committee granted Consent Application 2024- -- B-03 on May 1, 2024, to sever and ' - convey approximately 0.2 hectares ! (0.5 acres) from lands municipally known as 440 Line 11 North to be added to 422 Line 11 North. As a condition of the Consent, the applicant is required to obtain approval of a Minor Variance for a reduced lot area for the retained s lands (440 Line 11 North). The subject lands have a total lot area of approximately 0.45 hectares (1.11 acres) and are located on the west side of Line 11 North. The subject lands support a single detached dwelling and a detached accessory building. Surrounding land uses consist of scattered rural non-farm dwellings and agricultural uses. Minor Variance Proposal The applicant is seeking relief to the following section of Zoning By-law 97-95, as amended: Retained lands: Section 4.0 Table B1 — Minimum Lot Area for RUR2 Zone Required: Proposed: 0.4 hectares 0.98 acres 0.23 hectares 0.58 acres The applicant's site plan is attached as Schedule 2 to his report. Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) provided Development Services July 3, 2024 Report No. DS2024-088 Page 2 of 7 Page 76 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... comments on the subject application and indicated that the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, Regional and local plans, and has no objection to the approval of the Minor Variance 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 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? . 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: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated "Agricultural" in accordance with the Township's Official Plan (OP). Permitted uses within the "Agricultural" designation includes single detached dwellings. The lands to be retained currently have a single detached dwelling. Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan as it is associated with the boundary adjustment/lot addition within a rural area. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject lands are zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Table B1 in the Township's Zoning By-law requires a minimum lot area of 0.4 hectares (0.98 acres) in the in the A/RU Zone. The retained lands are proposed to have a lot area of 0.23 hectares (0.58 acres). This minimum lot size requirement has been set out in the Zoning By-law to ensure that there is adequate space on the lot to fit a dwelling, well, septic system, amenity area and driveway, all within the required setbacks. Building and Planning Staff have reviewed the existing dwelling, detached garage and septic system on the retained lands and are of the Development Services July 3, 2024 Report No. DS2024-088 Page 3 of 7 Page 77 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... opinion that the existing structures meet the required setbacks/clearances in accordance with the Zoning By-law and Ontario Building Code. 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 noted that the proposed lot area is comparable to other properties in the area. In Planning Staff's opinion, the proposed lot size would not stand-out, look out of place or detract from the character of this established rural area. Based on the above, Planning Staff is satisfied that the proposed development is 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. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed lot is comparable in size to other lots in the area, the reduced lot area is not anticipated to have any adverse impacts on the neighbouring properties and they will not detract from the character of this established rural area. As this variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the 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 Development Services July 3, 2024 Report No. DS2024-088 Page 4 of 7 Page 78 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... 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 Building Division — no comment. • Township Operations Division — no comment. • Lake Simcoe Region Conservation Authority - no objection. A permit from the LSRCA will be required prior to any development or site alteration taking place within the regulated area. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Conclusion Planning Staff recommends that Minor Variance Application 2024-A-35 be approved, specifically to permit a retained lot with an area of 0.23 hectares (0.58 acres), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, June 24, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services June 26, 2024 Background and Relevant Reports - Township Staff Report DS2024-058 dated May 1, 2024 Development Services July 3, 2024 Report No. DS2024-088 Page 5 of 7 Page 79 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 556 oneYme Wlkv qa.F. onmM vellev qa.W. » r 529 ova e,.qa w'ase qa.w. I i Z 547 472 r 440 0c, J 422 404 391 344 337 - _ -- 193 Location '9%,� Q Subject Lands �Ti�wr�nf Proud Heritage,Exciting hilim 0 loom File Number:2024-A-35 ti I i i t I Development Services July 3, 2024 Report No. DS2024-088 Page 6 of 7 Page 80 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan 48.768 51.572 i I I i I I �r m Nb= Ld LAND TO BE SEVERED LAND TO BE RETAINED ANDMERGED WELL� P 0 6.9 ROAD ALLOWANCE BETWEEN COWES5ION 11 AND 12 'I�,u0nsl1iNo1 Site Plan �t` � �cac� Proud Heritage,6.xcitirrq Futurr File Number:2024-A-35 Development Services July 3, 2024 Report No. DS2024-088 Page 7 of 7 Page 81 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... `s Y� Ilk a o x' o L / CO N 0 1 p 4-j v U J Q (D N C CD � CO L — > z ca N C: to U C 'L- (n G J +� O N C) � Q C) U . . . . C 4) � a O ' ■ �' ._ R ♦"' C •— G� J N O 0 Page 82 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... m `s , W 3 'y E: ._ 9. 3 CO i O an N Q f��� t 'N Ll aua� s N •- � 1 NJ tj Lu rIz W 4-j l; CI U � '0 � 0- 5 Q (� N U . ::r o-'f.T�, '�l' .ens (� .: ra Cz 'N LL-I L O O a ` L s d J J O Page 83 of 173 6.b) 6.10 p.m. DS2P24-088, Andy Karaisk�, Manager, Planning Services ... P CCU ' � Y6 Ww y w ' 4VU 5Z51 gARA6E '�' o n 3 0.' w E: n u� 2 H w a °C z L / M Z � N n u A g z � � m }+ 3 N CI) O ` w K N N w C m mg Oo O ■� J CL C) LZ rx - � a O O -aN N CIO Co (6 U ■L U OU a M . 02 O cn \ 0- `~ L / 0 � �_ M O Y L L L C: -0O O O Q V) a) O � � 4- 0 4— wU ~ O J o cv O C C cn Eao U N M M � M C N V_ L C � E c Q _O Q � �70 cn M (6 M L a) O Q M N C .0 C I U M m Co Q C O O a7 M0 C: M O �O m L 0) p . . L O > C 't o- c- 6 L NM va: CL ". � N � a� a� IL OU N � m m m O oc cn CD Page 84 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... `s N Ilk LO Cle) x I4 Lu,! ■� E. °^ W — O � f Z Q ' N O a a; N O U r O U �R wk ■_ r - J r O I Page 85 of 173 6.b) 6.10 p.m. DS2024-088, Andy Karaiskakis, Manager, Planning Services ... `s ^, a N W ��a Q ZC 4-1B L 3 0 Cn (� C Cn E o - � o LO _0 C: n CO E m QU�.., U) lit m o 0' a N � O Q- 'E 4 N ° o o > o C)- N ° o U C— � a� Q a c cn O � � �!, � •� ° i `V r�. q o ca U) Va-3 .o E -- o L Q m a, m C= v m � " S M >, C ) ° -a Cz N }, C: N W ° Cz o •� > u m Cn \ rx - —_ CL 3: p a 0 F� � M C: O o �' � a � � � C— ca c Q c cn G ° ° L � U) E 0- � M (n � OU 4- Q N ca ° N ° a) E H O c°n Om ,� ,� L Q CO M � Page 86 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Township of We ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: July 3, 2024 Report No.: DS2024-091 Subject: Minor Variance Application 2024-A-36, Enza Badolato, 236 Lakeshore Road West Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-091 be received and adopted. 2. That Minor Variance Application 2024-A-36 by Enza Badolato, specifically to recognize the reduced interior side yard setback of 1.5 metres (4.9 feet) for the existing mud room addition to the dwelling, on lands municipally known as 236 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-091. 3. The conditions are as follows: a) That notwithstanding Section 4.0 — Table B1, the existing addition to the dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; and, b) That the addition to the dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 3, 2024 Report No. DS2024-091 Page 1 of 8 Page 87 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Background The purpose of this report is to allow the applicant to recognize a mud room addition to the existing dwelling that was constructed without a building permit that does not meet the minimum interior side yard requirements. The subject property is located on = lit Lakeshore Road West and contains a single detached dwelling. The location �r r . f F , � ;. map is included as Schedule 1 to this report. C a Minor Variance Application � • t ,t E Proposal 11 r ! The applicant is applying for relief z' - 1 from the By-law to recognize a mud room addition to the existing dwelling that was constructed without a building permit and is a minor variance to the following section of Zoning By-law 97-95, as amended: ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED 4.0 — Minimum required 1.5 metres (4.9 feet) Table B1 interior side yard 3.0 metres (9.8 feet) (existing non-complying setback setback The applicant's site plan and photos of the existing mud room addition are included as Schedules 2 and 3 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy Development Services July 3, 2024 Report No. DS2024-091 Page 2 of 8 Page 88 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated `Shoreline' in the Township's Official Plan (2022). The Shoreline designation permits detached dwellings. The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP), which came into effect in 2009. The subject lands are not regulated by the Lake Simcoe Region Conservation Authority (LSRCA); therefore, Planning Staff are of the opinion that the existing mud room addition to the dwelling is not anticipated to have any adverse impact on the natural heritage features in the watershed. Given the preceding, the proposed variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. The Zoning By-law's requirement for a minimum interior side yard setback of 3.0 metres (9.8 feet) is intended to provide spatial separation between residential properties, as well as provide access and maintenance around buildings and structures. The existing mud room addition is located 1.5 metres (4.9 feet) from the interior side lot line, which, in Planning Staff's opinion, is adequate space for maintenance and access around the building as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, Planning Staff are 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? Development Services July 3, 2024 Report No. DS2024-091 Page 3 of 8 Page 89 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the existing mud room addition has a minimal impact on the adjacent landowners as there is mature vegetation along the interior side lot line, which helps screen the addition from view. Despite the reduced interior side yard setback, the applicant still has access to the rear yard via the east side of the dwelling, should any large machinery be required to the rear of the building. In Planning Staff's opinion, the existing mud room addition does not stand-out, look out of place or detract from the character of the area; therefore, the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of variances generally relate to their scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the existing mud room addition is not anticipated to have any adverse impacts on character and appearance of the neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Development Services July 3, 2024 Report No. DS2024-091 Page 4 of 8 Page 90 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. • Township Building Division — No Comments. Owner/Applicant to be aware that a permit will be required. Items that have been covered without a municipal inspection will require a Professional Engineer's review and sign off or will be required to be uncovered. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Photos of the Existing Mud Room Addition Conclusion Planning Staff recommend that Minor Variance Application 2024-A-36 be approved, specifically to recognize the reduced interior side yard setback of 1.5 metres (4.9 feet) for the existing mud room addition, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, June 26, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services June 27, 2024 Development Services July 3, 2024 Report No. DS2024-091 Page 5 of 8 Page 91 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map oneYme Wlkv Rd.F. onmM vellm qd.W. » 7 010 R•nw qd Afdga Rd.W. 198 250 248 220 216 264 260 256 2541252 240 238 234 ?1C rr1 z6z 224 y 274 272 zsa ps _-�FT Lakeshore Rd.W. _ IS� 247 \ L 243 1 O 263 259 257�255 253 251 249 235 233 229 2 M. 223 219 `217 209 3 85 211 Kempenfelt Say Lake 273 Simcoe Location Q Subject Lands TnwasDipnf Paned Heritage,Exciting Fulm, 0 loom File Number:2024-A-36 ti I i i i Development Services July 3, 2024 Report No. DS2024-091 Page 6 of 8 Page 92 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan Y'_IGHBOURING PRORPERTY 8r-1• Parm M' 2' E XISTING SHED 2 6.Pm I I I I I I I I I 1z.a•I I I EXISTING SHED 1 3.8 rn i I 27 a 7.0 rn I � I I s I PROPOSED ADDITION I I I m E � � I 21'.S• a R I I I ' I NEIGHSO�RiNG EXISTING WELLING PRORPER'IY I I I I I I I I I I I NEIGHBOURING PRORPERTY S7�3 I i I ---� "— --————————- I I 0. E I I I IARESHORE ROAD Site Plan Q (Proud Hcritgre,IixririgQ Flrtlnr File Number:2024-A-36 Development Services July 3, 2024 Report No. DS2024-091 Page 7 of 8 Page 93 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Photos of the Existing Mud Room Addition I aS Photos of the Existing Mud Room 0To 1 Addition Proud Heritage,Exciting Frrturr File Number:2023-A-36 Development Services July 3, 2024 Report No. DS2024-091 Page 8 of 8 Page 94 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... `s x I $ E� CO �r - CL r� - , -------- 1 _- - - O M -0 0 CU CO J 0- 0 CL _0 Q M U C/) C o ry CO > o 0 O ) o a cj C � '� CO � . . . . N 0 C � . . C a O ._ R ♦"' C •- G� J N O C� Page 95 of 173 6.c) 6-.20 p.m. D52024-091 . AndY Haraiskakis, Manager, Planning Services ... 04 S) ; CD CO O 4-1 V �p ao a 'o Q � � m Al All 4,L %ALP YIN "IN Page 96 of 173 6.c) 6.20 p.m. DS2024-091 , Andy Karaiskakis, Manager, Planning Services ... i CO _ w 1EA+ wai I I .a. a I � I I wLw I I I a.� I L_ I I WBS. 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Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Yubing Fan, Planner Meeting Date: July 3, 2024 Report No.: DS2024-089 Subject: Minor Variance Application 2024-A-38, John & Andrea Goldsand, 909 Woodland Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-089 be received and adopted. 2. That Minor Variance Application 2024-A-38 by John and Andrea Goldsand, specifically for permission to replace and enlarge the existing non-complying boathouse by increasing the floor area within the required interior side yard by approximately 0.15 square metres (1.61 square feet), on lands municipally known as 909 Woodland Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-089. 3. The conditions are as follows: a) That notwithstanding Section 5.16.1 (b), the proposed boathouse shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed boathouse 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 applicants satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA) in accordance with the LSRCA's letter dated June 24, 2024; d) That the Applicants pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule. The applicable fee for Minor Variance (Minor— planner review only) is $536; Development Services July 3, 2024 Report No. DS2024-089 Page 1 of 15 Page 101 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... e) That an Ontario Land Surveyor 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 boathouse is located no closer than 1.37 metres from the interior side lot line; 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; and, g) That the proposed boathouse shall not be used for human habitation, commercial purposes or for a home industry. 4. And that the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Minor .. --.-. Variance application 2024-A-38, which is intended to provide relief from the comprehensive Zoning By-Law to facilitate the replacement and enlargement of an existing non- complying boathouse that exceeds a requirement of the Zoning By-Law. ; The subject property is located at 909 Woodland Drive within the southern portion of the municipality along Lake _ Simcoe. The property has a lot area of 0.15 hectares (0.37 acres) and contains a single detached dwelling, `' - detached accessory building (shed) and a non-complying boathouse - (boathouse does not meet the minimum required interior side yard). The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The applicants are proposing to replace and enlarge the existing non—complying boathouse that is located 1.37 metres (4.5 feet) from the interior side lot line; the proposed boathouse would maintain the same interior side lot line setback as is existing and the same setback to the average high water mark of Lake Simcoe, but are proposing to extend the length and width of the boathouse into the rear yard, which Development Services July 3, 2024 Report No. DS2024-089 Page 2 of 15 Page 102 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... results in a further encroachment in the required interior side yard (see Schedule 2: Applicants' Site Plan). The subject property is zoned Shoreline Residential Exception Two (SR*2) in the Township's Zoning By-law 97-95, as amended; the Exception Two (*2) requires an interior side yard of 1.5 metres (4.92 feet). The applicants are seeking relief to the following section of Zoning By-law 97-95, as amended: Section 5.16.1 (b) — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable Proposing to replace the existing non-complying floor area in a required yard. boathouse (12' x 23') with a new boathouse (14' x 27'), and a portion of the enlargement (0.15 square metres/1.61 square feet) is to be located 1.37 metres from the interior side lot line. Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act 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 'Rural' in the County of Simcoe's Official Plan. The subject property is designated "Shoreline" in accordance with the Township's Official Plan (2022). Both designations permit detached residential dwellings and by extension accessory uses, such as detached accessory buildings including boathouses. The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into Development Services July 3, 2024 Report No. DS2024-089 Page 3 of 15 Page 103 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) provided comments dated June 24, 2024 indicating that they have no objection to the approval of the Minor Variance application. The LSRCA has recommended that approval be subject to the following conditions: 1) That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule. The applicable fee for Minor Variance (Minor— planner review only) is $536; and, 2) That the Applicant/Owner successfully obtain a permit from the LSRCA. Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan as the proposed structure is accessory to the main shoreline residential use. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential Exception Two (SR*2) in the Township's Zoning By-law 97-95. Exception Two states: "Notwithstanding any other provision in this By-law, the required interior side yard is 1.5 metres (4.92 feet) on those lands denoted by the symbol *2 on the schedules to this By-law. Stairs, landings, porches, balconies are permitted to encroach into the required interior side yard a distance of no more than 1.0 metre (3.2 feet) for one interior side yard only" (p.7-1'). The existing boathouse is non-complying as it does not meet the minimum required interior side yard setback of 1.5 metres (4.9 feet) (existing is 1.37 metres/4.5 feet). The applicants are proposing to replace and enlarge the non-complying boathouse; therefore, the applicants are seeking relief from the Zoning By-law to permit an increase in the usable floor area within the required interior side yard for the boathouse. All other development standards of the Zoning By-law will be met. Section 5.16.1 b) of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height; The Zoning By-law's requirement for a minimum interior side yard setback is intended to provide spatial separation between residential properties, as well as provide access and maintenance around buildings and structures. In Planning staff's opinion, the existing setback provides adequate space for access and maintenance around the boathouse as it maintains spatial separation between the subject lands and the neighbouring property. The proposed enlargement will keep the same setback as the existing Development Services July 3, 2024 Report No. DS2024-089 Page 4 of 15 Page 104 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... boathouse and only increase the floor area by 0.15 square metres (1.61 square feet) within the required interior side yard. Based on the above, Planning Staff are satisfied that the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the existing boathouse, which is located behind the dwelling, is not visible from the road. Furthermore, the existing boathouse has a minimal impact on the adjacent landowners as there is a mature cedar hedge along the interior lot line, which helps screen the building from view (see Schedule 3: Photos of the Existing Boathouse). On the subject property, the proposed variance for a larger boathouse is required to accommodate a larger watercraft and avoid further disturbance of the remediated natural shoreline by relocating the existing marine railway and the seasonal dock. In Planning Staff's opinion, the proposed enlarged boathouse would not stand-out, look out of place or detract from the character of the area; therefore, the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of variance generally relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed enlarged boathouse 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, 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 Development Services July 3, 2024 Report No. DS2024-089 Page 5 of 15 Page 105 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... • 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: • Township Operations — no comments • Township Fire and Emergency Services — no comments • Lake Simcoe Region Conservation Authority— See Schedule 5 Attachments Schedule 1: Location Map Schedule 2: Applicants' Site Plan Schedule 3: Photos of the Existing Boathouse Schedule 4: Boathouse (Elevations) Schedule 5: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated June 24, 2024 Conclusion Planning Staff recommend that Minor Variance Application 2024-A-38 be approved, specifically for permission to replace and enlarge the existing non-complying boathouse by increasing the floor area within the required interior side yard by approximately 0.15 square metres (1.61 square feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Yubing Fan, Planner, June 25, 2024 Development Services July 3, 2024 Report No. DS2024-089 Page 6 of 15 Page 106 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services June 26, 2024 Brent Spagnol, RPP, Director, Development Services June 27, 2024 Development Services July 3, 2024 Report No. DS2024-089 Page 7 of 15 Page 107 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 1: Location Map Al r 01IWrY• � tYWwYI OVH 851 885 891 — 65 897 3 901 a "----� p 905 909 _ 913 919 931 Lake 943 935 Simcoe 9647 951 969 957 973 979 985 991 Location 0 Subject Lands T 1"1' l4ouJ Hr�i7dir.1.�.itun� ! 0 too m File Number 2024-A-38 N 1 1 Development Services July 3, 2024 Report No. DS2024-089 Page 8 of 15 Page 108 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 2: Applicants' Site Plan Proposed boathouse replacement 0 to � ::. czO 4 � � • �'�Z g g1 r grow anowarSOWN" r asaas �eroaaawa aa+taro" 1vunsltip�/J-+E�tGV1l e Site Plan Frond Ileritgte.ExiifikQ hamir File Number- 2024-A-38 Development Services July 3, 2024 Report No. DS2024-089 Page 9 of 15 Page 109 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 3: Photos of the Existing Boathouse 41 4.t ti. e � � der 7ou ulrip �� Photos of the Existing Boathouse le, Proud Heritgpc,F'xririrrt Future File Number: 2024-A-38 Development Services July 3, 2024 Report No. DS2024-089 Page 10 of 15 Page 110 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 4: Boathouse (Elevations) 14 0' ® ® b 10'X9'OH FRONT ELEVATION RIGHT ELEVATION (EAST) (NORTH) ®0 o REAR ELEVATION (NEST) LEFT ELEVATION (SOUTH) qv IM6, To � Boathouse (Elevations) Proud Heritage,Exciting Future File Number: 2024-A-38 Development Services July 3, 2024 Report No. DS2024-089 Page 11 of 15 Page 111 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 5: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated June 24, 2024 Lake Simcoe Region � conservation authority aiww.LSRCA.on.ca Sent via e-mail:planning Ca oro-medonte.ca June 24,2024 Municipal File No.:2024-A-38 LSRCA File No.:VA-190465-062124 Andy Karaiskakis Secretary-Treasurer,Committee of Adjustment 148 Line 7 South Oro-Medonte,Ontario LOL 2EO Dear Andy, Re: Application for Minor Variance 909 Woodland Drive Oro-Medonte Owner John Goldsand&Andrea Goldsand Applicant:Scott Tippin Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment.It is our understanding that the Applicant/Owner is proposing to replace and enlarge an existing non-complying boathouse.The Applicant/Owner is seeking relief from the following section of the Township of Oro-Medonte s Comprehensive Zoning By-law 97-95, as amended: • Relief from Section 5.16.1(b)of the By-law to allow for the enlargement,repair,or renovation of a non-complying structure where it is prohibited in a required yard. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Application for a Minor Variance(dated June 6,2024) • Notice of Public Meeting(dated June 19,2024) • Elevation Package prepared by Linwood Custom Homes(dated April 23,2024) • Proposed Site Plan prepared by Linwood Custom Homes(dated June 5,2024) • Proposed Grading Plan prepared by C.T.Strongman Surveying Ltd.(dated July 28,2010) 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario BY 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services July 3, 2024 Report No. DS2024-089 Page 12 of 15 Page 112 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region ronser:atior aieFonty Page 2 of 4 Staff have reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS,2020)and as a regulatory authority under Ontario Regulation 41/24 of the Conservation Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding(MOU) with the Township of Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally,LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application,the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial,Regional and Local plans. On this basis, we have no objection to the approval of this application for Minor Variance. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule.The applicable fee for Minor Variance(Minor—planner review only)is$536; • That the Applicant/Owner successfully obtain a permit from the LSRCA. Site Characteristics The subject land is approximately 1,534.7 square metres(0.15 hectares)in land area and is located East of Woodland Drive on Lake Simcoe within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is within the 'Shoreline Residential Exception Two(2)'(SRs2)as per Schedule 'A8'of the Township of Oro-Medonte Comprehensive Zoning By-law Number 97-95,as amended. • The subject property is partially regulated by the LSRCA under Ontario Regulation 41/24 for shoreline flooding hazard associated with Lake Simcoe. Please see a detailed regulatory map below. • The subject property is partially regulated by the LSRCA under Ontario Regulation 41/24 for shoreline erosion hazard associated with Lake Simcoe. Please see a detailed regulatory map below. Development Services July 3, 2024 Report No. DS2024-089 Page 13 of 15 Page 113 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... Lake Simcoe Region conser:atior axc wily Page 3 of 4 909 Woodland Drive,Regulation Mapping Lam 9i(tAt[[rb�lT L&C 510t/q tWil l I4mrn h.a l�-i Cnn(aav[ M.v((IA le — MMN.M O tvrmft • a IWIN( Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). There are identified natural hazards on the subject lands (shoreline flooding, shoreline erosion hazard area). eased on the information submitted as part of this application, the proposal is generally consistent with 3.1 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 41/24.This regulation,made under Section 28 of the Conservation Authorities Act,enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous lands and wetlands.Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion,dynamic beaches,pollution or the conservation of land are not affected.LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Ontario Regulation 41/24 applies to a portion of the subject property. It appears that the proposed development will be within the regulated area,therefore a permit from the LSRCA will be required prior to any development or site alteration taking place. Development Services July 3, 2024 Report No. DS2024-089 Page 14 of 15 Page 114 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region cc•nservatior,au:-o 1ty Page 4 of 4 Advisory Comments 1. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through a MOU as well as through our role as a public body,pursuant to the Planning Act. Lake Simcoe Protection Plan,2009(LSPP) As per 6.27-DP of the LSPP,"a proposal for new development or site alteration within 120 metres of the Lake Simcoe shoreline,a key natural heritage feature or a key hydrologic feature shall provide for the establishment and maintenance of natural self-sustaining vegetation to the extent and width of the associated vegetation protection zone..." The proposed development will be within 120 metres of the Lake Simcoe Shoreline and within the 30 metre vegetation protection zone of Lake Simcoe,therefore will require the submission of a Planting Plan to the satisfaction of the LSRCA.Plantings are to be native,non-invasive,non-cultivar species. Enclosed is a list of plants native to the Lake Simcoe watershed. Summary Based on our review of the submitted information in support of this application,the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis,we have no objection to the approval of this application for Minor Variance. Given the above comments,it is the opinion of the LSRCA that: 1. Consistency with Section 3.1 of the PPS has been demonstrated; 2. Ontario Regulation 41/24 does not apply to the subject site.A permit from the LSRCA will not be required prior to any development taking place; 3. Matters pertaining to stormwater management and hydrogeology may be addressed through subsequent detailed design submissions. Please inform this office of any decision made by the Township of Oro-Medonte with regard to this application.We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned(s.payne(a@lsrca.on.ca). Sincerely, A Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services July 3, 2024 Report No. DS2024-089 Page 15 of 15 Page 115 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... =y. 31 w flo, ' � s 0 M 7i W CO 4 O � N � � C: O O Cz � v o •� to Q O Cll U C- o .� Q CO _ a� O ca o N o � * � a) � U) -C ( CO Of 0 0 . . . . o = F-- M . . C/) C: — D C o O • • }' U .V � O O x N w O C� Page 116 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... `s w f w o S a � 3 � C Q! 0 67 he U W Co Li Q � i C CVyyoodland Dr. •- C) 0 Cv C • N e ; 7 C }+ •V/ CV U Co Cn Q O CD C= Cz Cu 0 s I y A - land Dr. a r i L �..Y. Page 117 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... `s 04 fK a a O 9: 00 tl CO y` y i Yk ^J. "JrN ■� Y C q N v 4 V i O0) x ua c L CO Cu U E C C U 3 r cc Cn • �-- 0 U U LO zs V Q � � cn � D5 0) N E o N x ca �O � .O (n (D cn 0) O � � a) o O O N U c (Dxo � .� . O- - LC) L 4~ O L 0 0 LB O W L L o rL L oo maa C 0 0 Q Q N M I — v m U C Ln U) }' s7 Q O (� O s= as C `� N C n m 0 ~ X E •0 O u1 O C.? N m O }' T— O m }' CD CO U X 0 0 Lu © Q) 00 [!} O� ® � Page 118 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor Variance VarianceApplic... I l a; W B VI o \ o 0 3 p. �M/ _Y • M A� Q 0 N O O }' o N j >ID u' w m z w WLL � O Cz C— "o's. CI0OMNI'I •� �. � Cn �# 2 t = a p ¢ O N 3 z3 C ; 4133� sm sr°`r C nJ ' p2 py m m m W g�v c a •� / ygy� • YID ■ T I .e_ _______________ i ! CO a-Mil L ' � F9 NN o z_nM�n .....e. � a a Cn t I v+ ow 3 V a o `' r .� a z3 I 3uaa ar�naoOm Page 119 of 173 6.d) 6 30 p.m. D 2024-089, Yubing Fan, Planner re: Minor Variance Applic... , t�l s x w 1 AY `p. 0 00 CO f 0,w C 1 �� d ■C 0 N 0 O 0 N 1 r �� 0 J • cn � Ow O > L a 0 0 0 J 1 Page 120 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re: Minor VarianceApplic... w 04 00 a N I T�iTC t M4:E i U) lit x NLU INT O C� U � C� .� U) Q O � U **--0000 - Y• k E III - - r ■� 66 U) d x r LLB Page 121 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planner re- Minor VarianceApplic... 04 00 CO lit CN It,Pk P - II, 1 s I i- ill �� II ' �i�4 I I I I I I II II III Li Ij I, t II' Ill O Q � � U *%-00100 v C� p W 6 III j S Page 122 of 173 6.d) 6.30 p.m. DS2024-089, Yubing Fan, Planter re- Minor VarianceApplic... Q� O 4— `s O U Cu L ^ U N w /J O fn L Q LL d 0 O i C) Q � 0) -0 o 00 '� � m m m En CO � � m � � � m o o cn OL L Q Q � Q m m a O a n L m lit (n E OL _ ins m N m � 07 o E fn N O J O U � OU N O N N � C6 0 � N >, O N .0 Ol a)J N O O N U o M O U Cu O O N s O : C N M U En o O - J a) Q' C 0 070 a) 0) — L U 4- N V }' L Q O N -� (n cn � `v Ca = rt 0- >+ O N m E C N i •L > CD N L- N J U N U ca Q C O �C J M >' Q L _0 a) Q U m O 4 � i , `~ L �_ U) +r C� O 0 •O O U C Q C � L D_ O .0 N cn � O N 4- O G O m o cn o o f OL - m en ._ U M 0 o ti n o N Q Q Q O m Q � Q 0 U ++ L Q Q `'~ � Q O L En OLEn o ca ; , Q m0 � caHp o- Q O C 'Fn +r U +� U +r U c0 N L +r 7-. +r N O L CL QL LO O U }' O V C6 U 70 I�/ C •cn Page 123 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... 4 �� Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: July 3, 2024 Report No.: DS2024-086 Subject: Minor Variance Application 2024-A-37, Erin Nightingale, 510 Lakeshore Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-086 be received and adopted. 2. That Minor Variance Application 2024-A-37 submitted by Erin Nightingale, specifically to permit a detached carport in the front yard with a setback of 5.4 metres (18.0 feet) from the front lot line on lands known municipally as 510 Lakeshore Road East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-086. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 a) of the Zoning By-law, the proposed detached carport shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the setback of the detached carport from the front lot line shall be substantially and proportionally in conformity with the dimensions as set out on the application and sketch submitted and approved by the Committee; c) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), and Building Permit be obtained from the Township only after Development Services July 3, 2024 Report No. DS2024-086 Page 1 of 10 Page 124 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background 37 582 603 610 1 818 1 IIN I 636 The applicant is proposing to construct a 19.5 square metre 821 87 (210.0 square feet) detached 10� carport on the property, to be set ,a2 5 67 6S back from the front property (lot) 63 687 line 5.4 metres (18.0 feet). 596 61 a3 0 537 s' m 46 The property is a corner lot and 5°x SW W 53 07 is 0.139 hectares (0.34 acres) in 537 6 56 < size with 30.4 metres (100.0 _ feet) of street frontage. .70 51 Ltd. °6z so6 Mnc� y 11 � .76 '8B 3 5 za An aerial photo is attached as 456 °� 51 18 ,,� � 24 Schedule 1 to this report. 16 � 6 471 '"' � °7q 72 1° 506 ,ve". 21 23 2' The Property is zoned Shoreline 463 10 Residential (SR). 33 1s 13 8 11 7 5 3 1 Minor Variance Proposal The applicant is seeking relief from the minimum setback from the front lot line for a proposed new carport and is seeking relief from the provisions of Zoning By-law 97-95, as amended. The new carport is proposed to be located in the front yard in contravention of Section 5.1.1.3 a), which does not permit accessory structures in the front yard of properties Zoned Shoreline Residential (SR) unless they front on Lake Simcoe or Bass Lake. The applicants' sketch is attached as Schedule 2 to this report and elevation drawings are attached as Schedule 3. Development Services July 3, 2024 Report No. DS2024-086 Page 2 of 10 Page 125 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan The subject lands are designated `Shoreline' under the Township Official Plan and Rural under the County Official Plan. County and Township Official Plans generally allow for the construction of a detached garage on a lot in a residential area. Staff is of the view that the proposed variance conforms to the general intent and purpose of the Township and County Official Plans. Does the variance conform to the general intent and purpose of the Zoning By-law The subject property is zoned Shoreline Residential (SR) under the Township's Zoning By-law 97-95, as amended. Detached garages are permitted in this zone subject to certain provisions (building size, minimum setbacks, height, etc). Detached garages are not permitted in the front yard of lots that do not abut Lake Simcoe provided they are set back from the road equal to the distance of the main building on the property. The primary purpose of the front yard setback is to ensure separation of structures from the road allowance and to ensure that there is sufficient amenity space and parking on the property. The proposed new carport is proposed to be located 5.4 metres (18.0 feet) from the front property line. Township Operations Department has no concerns with the setback, and the structure will not impact the parking provided on the property. In Planning Staff's opinion, the proposed accessory building would be clearly subordinate and secondary to the main dwelling. The proposed detached garage meets all other Zoning By-law provisions for an accessory building in the (SR) Zone. Development Services July 3, 2024 Report No. DS2024-086 Page 3 of 10 Page 126 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... Based on the above it is staff's opinion that the minor variance conforms to the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed variance in the context of the configuration of the property, the location of the proposed carport in relation to the residence on the property, and its proximity to the interior and front lot lines and is satisfied that the proposed carport is not out of character on the property. Upon a site visit, Planning Staff noted that the proposed carport would be set back from the road similar to a temporary cover on the neighbouring property. In Planning Staff's opinion, the proposed design and size of the carport would be secondary and subordinate to the main dwelling on the property. The location of the proposed carport would be sufficiently setback from Lakeshore Road so that it would not interfere with functional matters on the lot such as parking or snow storage from winter road maintenance. There are three existing trees between the driveway and the interior lot line. It is the applicant's intention to maintain the two healthy trees and remove one dead tree. Some pruning of the trees may be required to accommodate the proposed carport if approved. Based on the above, Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its' scale and impact. In Planning Staff's opinion, the requested minor variance to allow for a carport in the front- yard is minor in nature and is not anticipated to have any adverse impacts on the neighbouring residential properties and will not detract from the use and enjoyment of nearby properties. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 Development Services July 3, 2024 Report No. DS2024-086 Page 4 of 10 Page 127 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— No comments • Township Engineering Department advised of the following: o If the project scope requires lot re-grading that differs from the existing grades by more than 0.15m in grade elevation and/or difference in flow direction, catchment, or outlet, it shall be identified on plans (ELG by OLS, CET and/or P.ENG) submitted to the Building Department as part of the Building Permit application • Lake Simcoe Region Conservation Authority— No comments Attachments Schedule 1: Aerial Photo Schedule 2: Applicant's Sketch Schedule 3: Architectural Renderings Conclusion Planning Staff recommends that Minor Variance Application 2024-A-37 be approved, specifically to permit a carport in the front yard setback 5.4 metres (18.0 feet) from the front property line 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, June 26, 2024 Development Services July 3, 2024 Report No. DS2024-086 Page 5 of 10 Page 128 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services June 26, 2024 Brent Spagnol, RPP, Director, Development Services June 27, 2024 Development Services July 3, 2024 Report No. DS2024-086 Page 6 of 10 Page 129 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph j� 0 OL , S O N a i m _�_ti � Nlitcnell Rd' _ i' + C{es lPu�l dvie`N - Cyan Aerial Q Subject Lands Townshipgf Proud Heritage,Exciting Future 0 100 m File Number:2024-A-37 Development Services July 3, 2024 Report No. DS2024-086 Page 7 of 10 Page 130 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Applicant's Sketch tp do 532 O .Septic Q 510 87.25 ft 12.75 ft Al -jUU 18ft O O� 2 �1 Development Services July 3, 2024 Report No. DS2024-086 Page 8 of 10 Page 131 of 173 • - 6-40 • 086 George Vadeboncoeur, Manager, • Specia ScheduleArchitectural Renderings 1. View of ••rt lookingNorth-East 2. View of carport looking North-West (facing the backyard) II ' 1 ■� � it) Development 1 Report • • • Pageof Page of • - 6-40 • 086 George Vadeboncoeur, Manager, • Specia 3. View of ••rt looking WestSouth .I�I�I_ lii I I I 1 I 1 ■� CI�1�1�1 � I'1— - ■ - 1_ I 1-■ /I-1 � I 1 � I 1 ■ 1 1 1 i 1 a —I�d■••�II� �t 1� Y�nil •1� T— Development Services July 3, 2024 Report No. DS2024-086 Page 10 of 10 Page of 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... e 11■ � \ S [id! v m co Q b N CL N d C: O ■_ Ca co o CU O J 'CL C: 4-0 Q O U) v z w � C `• cn o ry cu > o 0 O ) o a cj C � Jo '� CI) � _ . . . . LO . . C a O }' J N O C� Page 134 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... `s W 4�°pis y�i o x R i� JV ba i Cl ul O Li M .E Lak"Wffl Rd.E. Ln ■C O N N O � ! 6 � luit v W U � O 'CL C: 4-0 CD Q O ( ) z Cu ;� > = p L.i�slv��i�,FBI. 0 M.: O O i Page 135 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... jay w a N cn W � eo ti cn ce 0 M N Q C � v _ o C O C O OLO C� (o o a) U a) � _ (6 Co @ ai :3 4— a) a) —� CL o L) L cn CO COcCL O m ^, 0 o V Z O N v a) 2:, o 0 � + M N . 0o U (ll CO U •� O L- r M aD C O 00 O V U L L ru O 0cn L Q UO C 0-U) t6 � L w tm m }, LO m oo — ace c � t a) � o (6 � Lf� � C p � cu a O a) O " o �• CL a) .— � N ° N o to N — ,� � .� 0 O N a, O = CD Co O O oa 4-- L) N X L- N U) Cu ea O Q M _ U L O 4— �--' 5 s CT.r a .� O — c : o U) � akz Page 136 of 173 6.e) 6.40 p.m. DS2024-086, Geor boncoeur, Manager, Planning Specia... `s W o x' o E: co Q N O N O o - •- Uco � O �CL C: W 4-0 w N z L U � a C� L . O Page 137 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... `s 04 B W t k Kx O M co O Qi i i rCL O N o t N - Lq , O cn rwr c� N U\ O ■ `v 4-A CL O , O r tq " O LL 4� n Cww Y� 5. Page 138 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... .4 � > w x O LM 3 a 0 n V M� h, h,,i O 1 r '. rL U 0 0 N `• >r (� N 0 0 •0 Q O � z U � •� -�f - 0 0 i CL d) 0 Q. 0 Page 139 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... Nr `s I _ vim+ w W a `,. > 3 a a) C i� cle) o 0 0 Q W — N ca i, j O CN Cu (a 0 0 0 V kR 0 ■� 0 tF a AJ' �J �� t v p•Y n r v 44 , fi 0 . 0 Q O Page 140 of 173 6.e) 6.40 p.m. DS2024-086, George Vadeboncoeur, Manager, Planning Specia... `s cu \\\ 4 � W � � Zc �RR }� o x' (� � � a) 3 a U (6 N C _>' -�e M Q) U - a) Cu--� C(6 t6 U •(A 4 � co � L C � a) U lit m ca a) co N C a) 0 N c o m o U a) }, L a� cQ 0 4— +� m O C m 0 0 U p m c0 � "' a) uj cn () COo � � - c O C L) E CM a) C o Q �-- () }, a) a) w E .� a) �_ Q � � O � c (� LO L a) a) a o c6 E -0 O E L � O > N O O O — � }, ,� o O O C ,� C L � -0 -a 2) � . . o o Q a) U Co C > C i C _ O t6 O C6 a)G O _ L � L U L O Q '— t C) Q O Q N C 3: a) w C -0 (6 Q) C- (6 �= C L a) _ O (6 � � o a) � M cu O L) -0 L) ~ Q cn Page 141 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... 4 �� Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: July 3, 2024 Report No.: DS2024-085 Subject: Consent Application 2024-B-07, Henrietta Houston, 3276 Penetanguishene Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-085 be received and adopted. 2. That Consent Application 2024-B-07, to permit a boundary adjustment having a lot frontage of approximately 6.1 metres (20.0 feet), a depth of approximately 182.8 metres (600.0 feet) and an area of approximately 0.19 hectares (0.46 acres) to be added to the property described as Lot 39, Concession 1, Part 2, on 51 R-25982, (Vespra) known municipally as 3300 Penetanguishene Road, be approved subject to the conditions as outlined in Report DS2024-085. 3. The conditions for Consent Application 2024-B-07 are as follows: a) That the severed lands with an area of approximately 0.19 hectares (0.46 acres) be merged in title with the abutting property to the east, described as Lot 39, Concession 1, Part 2, on 51 R-25982, (Vespra), municipally known as 3300 Penetanguishene Road, and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting Development Services July 3, 2024 Report No. DS2024-085 Page 1 of 11 Page 142 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That, in order to alter the configuration of the benefitting parcel to address Section 50(12) of the Planning Act, R.S.O. 1990, c. P.13 to facilitate merger with the severed parcel, the owner convey a parcel of land dimensioned to the satisfaction of the County of Simcoe, that said parcel be deeded gratuitously to the County for road purposes; that said parcel be conveyed free and clear of any mortgages, liens or encumbrances, or be otherwise satisfactory to the County ; and that all costs associated with the dedication be born the Owner. Alternatively, the applicant can apply for the issuance of a Certificate of Cancellation. c) That all municipal taxes be paid to the Township of Oro-Medonte. d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the severed parcel, for review by the Municipality. f) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. g) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The applicant is requesting consent to sever and merge lands with a neighbouring property, for the purpose of a boundary adjustment/lot addition. Development Services July 3, 2024 Report No. DS2024-085 Page 2 of 11 Page 143 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... The applicant's property has an area of u 47.45 hectares (117.2 acres) and contains a single detached dwelling, "- - several detached accessory buildings �t9 (barn and sheds). The balance of the i I - '"' property is actively farmed. The subject property is shown on this location map. I � The applicant is proposing to sever 6.1 a metres (20.0 feet), around the perimeter - i s of the abutting property to the north at 3300 Penetanguishene Road (an area of approximately 0.19 hectares (0.46 »n �L 7 acres)). The severed lands would be merged in title and added to the abutting property (Benefiting Parcel-3300 Penetanguishene Road). The Benefiting Parcel would increase in size to 2.5 hectares (6.3 acres). The Retained Parcel would be reduced in size to 47.2 hectares (116.7 acres). Details of the proposed boundary adjustment/Lot Addition are noted below: I ;HorsesncevalleYRe'W-�-_ _ Lands to be Lands to be Benefiting Parcel Added to Retained I �9 Benefiting Parcel (3276 Total Merged lands JPenetanguishene (3300 Penetanguishene ^�,1 eeRerbny Road) Road Parcel Frontage Approximately 6.1 Approximately Approximately 134.8 m 8 Width: m 223.7 m(734.1 ft.) (397.1 ft.) +I 20.0 ft. Lands o be added to Depth: Approximately Irregular Approximately 188.8 m Benefiting Parcel vo 182.8 m (619.9 ft) 599.9 ft Rmm.a Landa Across Approximately Irregular Approximately 140.0 m the Rear: 134.0 m (445.8 ft) 439.8 ft ' Area: Approximately 0.19 Approximately 47.2 Approximately 2.5 he d he 0.46 ac. he 116.7 ac. 6.3 ac. Use: Rural Rural and Rural Residential Agricultural 4W No new lots are proposed as a result of the boundary adjustment/lot addition. The purpose of the boundary adjustment is to provide additional setback for the existing accessory building to the interior property line and to provide an area to plant trees and install a new fence. Development Services July 3, 2024 Report No. DS2024-085 Page 3 of 11 Page 144 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... Analysis Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2) including minor boundary adjustments which do not result in the creation of a new lot. Based on the above, Planning Staff is of the opinion that this application for a boundary adjustment is minor in nature and is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed application conforms to this section as the application will not result in the creation of a new lot or new development and therefore will not adversely affect the protection of agricultural uses. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, it speaks to protecting agricultural lands for long-term agricultural use. Section 4.2.6 Agricultural Systems has been evaluated in regard to the proposed application and Planning Staff is of the opinion that the Growth Plan's objectives of protecting agricultural lands for long-term agricultural use will continue to be met and this application, if approved, will have no negative impact on the Province's Agricultural System. Planning Staff is of the opinion that since there will be no new lot created and there is no change in land use because of this application, the proposed boundary adjustment conforms to the Agricultural System policies of the Growth Plan. County Official Plan The severed lands and the benefiting lands are designated `Agricultural' in the County of Simcoe Official Plan (refer to Schedule 4). Section 3.3.5 of the County's Official Plan contains policies relating to boundary adjustment and states that "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.19). The purpose of this application is to reconfigure lot lines to allow for a greater setback to an existing accessory building and would enable the neighbour to plant trees and install a new fence along the proposed new interior lot line. Development Services July 3, 2024 Report No. DS2024-085 Page 4 of 11 Page 145 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... The County Planning Department has been circulated the subject application and as of date of that this report was written, no comments have been received. In Planning Staff's opinion, the proposed consent conforms to the policies of the County Official Plan. Oro-Medonte Official Plan Similar to the County Official Plan, most of the subject lands are designated `Rural' with a small portion of the property designated `Greenlands' in the Township of Oro-Medonte Official Plan. The majority of the Benefiting Parcel is designated `Rural' with a small portion to the north designated "Environmental Protection" in the Craighurst Settlement Area. The goal of the `Rural' designation is to: provide for a full range of agricultural uses, agriculture-related uses, on-farm diversified uses as well as rural related uses, which support the agricultural and rural community, and which fit in to the rural character but are not appropriate in Settlement Areas. Uses permitted in the rural area include management or use of resources, resource based recreation uses, limited residential development, and public parks, trails, walkways and open spaces. Consents may be granted for technical reasons such as minor boundary adjustments. Under Section 4.8.7 of the Township Official Plan consents may be permitted for the purpose of modifying lot boundaries provided the boundary adjustment does not affect the viability of the use of the affected properties as intended in the Plan, including agricultural uses. In Planning Staff's opinion, the proposed boundary adjustment conforms to the policies of the Township's Official Plan. Zoning By-law 97-95 The subject property is predominantly zoned Agricultural/Rural (A/RU) with small portions zoned Environmental Protection (EP). The benefiting property is zoned Agricultural/Rural (A/RU) (approximately 45% of the property), Environmental Protection (EP) (approximately 45% of the property) and Agricultural/Rural Exception No. 15 (A/RU*15) (approximately 10% at the north end of the property). The A/RU*15 zone recognizes lands adjacent to a settlement area and only permits uses that existed on the effective date of the by-law. In Planning Staff's opinion, the proposed boundary adjustment complies with the provisions of Zoning By-law 97-95, as amended. 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 Development Services July 3, 2024 Report No. DS2024-085 Page 5 of 11 Page 146 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... in effect on the date of the decision. It is Planning Staff's opinion that the requested consent is consistent with the PPS 2020, the Growth Plan and the applicable matters of Provincial interest. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • 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 Goal of the Plan: • 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— That the applicant confirm that their existing farm buildings are a minimum of 30 metres from the new property line • Fire Department— no comments • Nottawasaga Valley Conservation Authority— No concerns • Severn Sound Environmental Association (Source Water Protection) — No concerns • County of Simcoe — no comments were received as of the date this report was written Attachments Schedule 1: Aerial Photo Schedule 2: Consent Sketch Schedule 3: Township Official Plan — Land Use Development Services July 3, 2024 Report No. DS2024-085 Page 6 of 11 Page 147 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... Schedule 4: Existing Zoning Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-07 for the purposes of a boundary adjustment/lot addition be approved subject to the conditions as outlined in the recommendation; and on the basis that the application is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, June 26, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager Planning Services June 26, 2024 Brent Spagnol, RPP, Director, Development Services June 27, 2024 Development Services July 3, 2024 Report No. DS2024-085 Page 7 of 11 Page 148 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Aerial Photograph y. i:Horses'hoe Valley d. W. i' MON WY•Y W N 11••YIY .4 014.-YW q/N,-Y[ 1 fl ' Benefiting dy Parcel ..low [' Not& • r Severed Lands 93 Retained Lands f IL N, - I ', •A•7`+^ �i- 1iF"��fl"�`y^44s. r�taC.♦ d`i� r�f� 4"►•4� _ ' • �!•.(,�►i, � fir"^ 'r'G' ✓� �•"' y ' �,i; i:'. `:!-'. •- Aerial Q Subject Lands 0;4'' i At"( c)II/t(' Q Severed Land Proud Ilerir4er,EX Citing I-[m[rr File Number 2024-B-� ti l r i i l Development Services July 3, 2024 Report No. DS2024-085 Page 8 of 11 Page 149 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Consent Sketch XA./ 30 Z _ � OI '�� •1 t � ea s r ter. eE-A Development Services July 3, 2024 Report No. DS2024-085 Page 9 of 11 Page 150 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Township Official Plan: Land Use I Horseshoe Valley Rtl.w. Y W . Y1 See Sl Schedule B1 Y 11 M 1 • Vw M � _ 1�- d 17 O, 1� I II I Township Official Plan - Land Use r= Subject Lands Q Oro Moraine Boundary Greenlands Rural Prnraf lf�ri,n�+r,! r�i,inQ f-nnar l� Settlement Area o goo m Flo Numbor 2024-6-07 n' Development Services July 3, 2024 Report No. DS2024-085 Page 10 of 11 Page 151 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... Schedule 4: Existing Zoning R 1(H -� OS ...u„ _ � _r0� A RU.•1 —_Rl•301 A Rl A = /RU•1S �I :1 OS(M) - Rl I.311 ..+..ww■.w a"•"•'•` R Rl'129 L (H) LC LC I■ I j I"Y LC���•10 L •22 OS I -Horseshoe Valley Rd.W. a J UC H) I 10 LC• 1 N- A/RU is A/RU•15 -� Rl• t -R1 EP � � 31 fY ED RL A RU•1S 93 A/RU p Cr oa z _AIRU IN C RUR Existing Zoning _ RI(Res■denUal One) OS(Open Space) Subject Lands RUR2(Rural ResidenUat two) ((Iwitutmal) �a _ LI(Local Industrial) ED(EcorxmwDrrclWmetr.) LC(Local Commercal) IhonJ llrrir„ — Gc(ceneral commercal) .I NRU(Agricultural/Rural) 0 100111 =i a Number:202d•8•07 EP(Emironrnentel Protection) Development Services July 3, 2024 Report No. DS2024-085 Page 11 of 11 Page 152 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... `s pd auays+n6ue;auad FF I 7 ; o . t N � N - --�-- - O O - 0 O j ®o -f-_j 4-0 Co U .� O 0 ry Q C � U) Q U) — — — 0 U a) N 0 cn ti 0 . . . . N C CM � a O ' • �' ♦"' C •- G� J N O C� Page 153 of 173 6J) 6.50 p.m. D - ager, Planning Specia... s nn 7 paa-ays'6 elauad- - -- - Ixl[a w }}.■��.■�� 'oa-gxaeag 1 � 3i 1 z o • ag 3 �` > I Q i C: N = l I O 0 }' C 1 R U) J i Ln = W Li -pa aualysm6ueyauad - ---- 1 I d N � VLMN' O ■ 1 1 \ a 1 J 1 t l 1.1 - �, 'aa�auaasmr>uele�ad A--j n : j m 'A ma V J ' sd o w O 9 8 C) 0 o w J d C C ■� ti In a _ 0 Page 154 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... w 12 -� e 3 V! t� E E E 00 00 0 6 MA !� M 00 fit N c W E E (0 E - .X C w O 2 © CL L 3 }, N H O CL CL Q CL O CO)ce) �L Q Q `� a) -- o N � Q �\ ) E O 0 _ 1- N O to 4) M Cn O a) 4� N t04 i i d Cj CN (`co "D (nCUr+ U Q (6 OM ILLY � M CO ` Z7 ^ N = XrZ — — O O r Q 3 LL = Q) CL CL cn lLf d CL Q- O — ¢ Q Q o U 0 >+ 'a E 00 O U L ' N fll C£1 _00 M CO V J 4! E Q lCi ca 43 m O 00 z c9 ca a) O O E O +' 0) aj 3 O L *aw C C C � XN ECU Lo ECV)4 N U y 0. 0. 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O + a r Page 158 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... w W � o � e M � N r � � C O L � L � CDa m lit MCN c N o cn _ O _ r (� cn r Q � N - O L Uy I wsi •} J� N O C C O Page 159 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... `s 04 o 3 'y E: 0 /1--i V VJ 0 TO i O , 1 h� �� *M N N LM h. 0 V V/ c/'� CL /1 � a 0 CU Page 160 of 173 6J) 6.50 p.m. DS202_4-085, George Vadeboncoeur, Manager, Planning Specia... O O U Y LO L t6 w a) O L U AIL�♦cn IMO (^yl1) r1� Q rI r1^ I..IL rI♦ ` ^' U \ N ' O a) o M N ca L) ca p N 3 a � � CDLO O — Q) Lr) f!1 Oj O Q N Cl) a) +r > O O N U CDLO > ca o Lc) O O C a) cnC p U U c!� (!) � > +� a) O O U O cn ca ti L- ° ;5C:L)L � ° � C=-0 U) Ln ca N N +r ° a) }' U) a) can a) (-C) O U) O O O 00 c� cn .0 a) a) a) O U L N ca .0a) �, ° o _ O a) U N _ U M " Q i (Q Q En V (D (6 Q (6 O p Q) a) > E U > `~ C oo O Uc � � � � Q � o � � c� _ `~ ° z En : U ♦"� u) >' � U � O C a) U >+ O }� Ma) c� ) L O Z5 = E V O ti X U) D_ - O oU -r— N ,� L Q) O O O () L) En a) C) W O � a) U -0 O ° O : O ( U Q L LO M a) D_ Q :3 U M O L Q) UQ a) CD a) UO O ) M O L M +r a)Q — M O -C — � + � U a) co O— cn O -0L U Q M p ■ ■ M 0 U) M L 0-M L L ° Q] Q a3 1--� U L L O -0 CD- � �~ Q O O L a) CL. � W W M L C)') M r � � � M •E � < L W � L O 0 O M CM n �H W L _ r , r`1,J O M I.L C'i Page 161 of 173 6J) 6.50 p.m. DS2024-085, George Vadeboncoeur, Manager, Planning Specia... 0 0 cu a� w V J � L O O cn Qcn O N 0 3 a L L « -W 0 ^L, 0 �♦ W O �� W o O N cn CL 00 cn 0 > O V 0 > 1 (6 v O 1-1 O -C = 0 M � cn W a) I � O 0 �1} O co O V Um = csVE Qo a EN o ooQ 0O U o a) � O > U O N •� Q�j U 0 0 0 � � o L � � a) _ _ CID U) IDco cu cn V O O cA }' LL 0 � ) C 0 0 o Q O >j A >. (n 0— ZM N U L � En C > �-- �� U — O Q N tQCL C C O •� +s+ _ O a v 0 0 0 U M LL -e = > U E — O (� O N �- r- -0 xa) a) w o � , a) 0Ln _ M 0 >, ui O O U z O O O 0 � mcn � mm �n �, Q �ts •N � C O O N Q N 00 N N Lo N a E _ N � O cu OC Q L Page 162 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... Township of �i Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: July 3, 2024 Report No.: DS2024-090 Subject: Site Plan Control By-law Update Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-090 be received and adopted. 2. That Site Plan Control By-law No. 2019-056 (A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas), as amended by By-law 2020-038 and By-law 2023-022, be further amended in order to include certain forms of development from Site Plan Control pursuant to the Planning Act as amended by Ontario Regulation 254/23, as outlined in Report DS2024-090. 3. That the appropriate staff bring forth the By-law for Council's consideration. Background The More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent on November 28, 2022 and included amendments to Section 41 (Site Plan Control). As a result of this act, Site Plan Control was no longer required for a residential building of 10 units or less. More recently, the Province released Ontario Regulation 254/23 on August 9, 2023 that now allows municipalities to apply site plan control to developments of fewer than 10 residential units when within 120 metres of a Great Lakes shoreline, inland lake, wetland, or river or stream valley, and within 300 metres of a railway line. As a result of O.Reg 254/23, this means the By-law needs to be updated to align with this change and the Township can expect additional site plan applications. Development Services July 3, 2024 Report No. DS2024-090 Page 1 of 11 Page 163 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... An O.Reg 254/23 redlined version of the Township's Site Plan Control By-law is attached as Schedule 1 and a proposed amending By-law is attached as Schedule 2. Financial/Legal Implications/ Risk Management It is anticipated that these changes will produce an increase of approximately $5,000 in yearly planning application revenues. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development Consultations - Director, Development Services Attachments Schedule 1: Site Plan Control By-law Proposed Red-line Changes Schedule 2: Draft By-law Related Information/Background Reports - Staff Report for Site Plan Control By-law Update dated April 5, 2023 Link to Conclusion Planning Staff is of the opinion that the proposed update to the Township's Site Plan Control By-law, as outlined in Report DS2024-090, conforms to O.Reg 254/23 and the Planning Act. Respectfully submitted, Andy Karaiskakis, RPP, MCIP, Manager, Planning Services, June 25, 2024 Approvals: Date: Brent Spagnol, RPP, MCIP, June 26, 2024 Director, Development Services Development Services July 3, 2024 Report No. DS2024-090 Page 2 of 11 Page 164 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... Schedule 1: Site Plan Control By-law Proposed Red-line Changes AMENDED BY BY-LAW 2020-033 AND BY-LAW 2023-022 Corporation of the Township of Oro-Medonte By-law No. 2019-056 A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas and to Repeal By-law No. 2015-086 Whereas subsection 41(2) of the Plar.rwig Act, R_S.O. 1990, c_ P.13, as amended. provides that where an area is shown in the Oro-Medonte Official Plan as a proposed Site Plan Control Area. Council may, by by-law designate such area as a Site Plan Control Area, And Whereas the Township of designates all areas of the Township as proposed Site Plan Control Areas and provides for the establishment of a site plan control by-law; And Whereas subsection 41(13) of the Planning Act authorizes the council of a municipality to delegate to an appointed officer of the municipality any of the councils powers or authority under section 41. And Whereas the Township may require the approval of certain plans and drawings as a condition of development in the Township, and may require that an owner enter into a Site Plan.Agreement with the Township, in accordance with section 41 of the Planning Act. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Definitions (a)'By-law° means this by-law passed under subsection 41(2) of the Planning Act. (b)"Council' means the Council for the Township_ (c) 'Development" shall have the same meaning as set out in subsection 41(1) of the Planning Act, meaning the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4) of the Municioal Act 2001, S.O. 2001, c. 25, as amended, or of sites for the location of three or more mobiles homes as defined in subsection 46(1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of the Planning Act- (d) 'Director of Development Services` shall mean the Director of Development Services of the Township. Development Services July 3, 2024 Report No. DS2024-090 Page 3 of 11 Page 165 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... (e) 'On-Farm Diversified Use" includes. but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products. (fl 'Person' means an individual, association, firm partnership, corporation. trust, incorporated company. or other legal representatives of a person to whom the same can apply according to lave (g) 'Township" means The Corporation of the Township of Oro-Medonte or the appointed officer of the Council in accordance with this By-law. (h)"Zoning By-law" means the Township of Oro-tvledonte Comprehensive Zoning By-law 97-97 as amended. (i) All other terms used in this By-law shall have the meanings as defined under the Zoning By-law. 2. Site Plan Control Area All land within the corporate limits of the Township are hereby designated as a Site Plan Control Area The properties listed in Schedule 'A" and forming part of this By-law are designated as Site Plan Control Areas in accordance with section 41 of the Planning Act. 3. Classes of Development Excluded The following classes of Development do not require the approval of plans and drawings otherwise required under subsections 41(4) and (S) of the Planning Act (a)Any residential development containing ten (10) dwelling units or less (including buildings and structures accessory to such residential development) except where such residential development: (i) includes an existing or proposed Home Industry. s+-, (ii) includes an existing or proposed Bed and Breakfast operation:- (iii) is within 120 metres of a Great Lakes shoreline, inland lake. veetland. or river stream valley: or. (iv)within 300 metres of a railway line (b) Any development occurring in or upon lands Toned in the Airport (AP) Zone. (c) Agricultural structures and accessory structures thereto, except where such agricultural development: (i) includes an existing or proposed commercial greenhouse; (ii) includes an existing or proposed building or structure for the indoor growing of crops. Development Services July 3, 2024 Report No. DS2024-090 Page 4 of 11 Page 166 of 173 Ta) DS2O24-090, Andy Karaiskakis, Manager, Planning Services re: Site P... (iii)includes an existing or proposed On-Farm Diversified Use, meaning uses that are secondary to the principal agricultural use of the property, and are limited in area: (iv)is subject to site plan control imposed as a condition or requirement. of consent, plan of subdivision or zoning by-law amendment by Council, or as a condition of approval by the Development Services Committee: (d)Any development. buildings or structures erected by the Township (e)Any land. building or structure undergoing interior alterations or renovations that do not change the location, height, volume gross floor area of the building or structure, and any land, building or structure undergoing alterations, renovations, or addition that does not increase the gross floor area of the building or structure by more than 10%. except that: (i) only one exemption per building or structure shall be permitted pursuant to this section; and (ii) section (e)does not apply to development or uses prescribed under subsections 3(a)(i) and 3 (a)(ii) above 4. Site Plan Agreements No Development is permitted within the Township unless the owner enters into a Site Plan Agreement, except where exempted from Site Plan Control, or where Council waives the requirement for an agreement Any agreement or amendment to an existing Site Plan Agreement made in accordance with the provisions of this By-law or a predecessor of this By-law shall be registered against the lands affected by the agreement or amendment, and all costs of such registration of the Agreement or Amendment or any other related instruments shall be borne by the owner or person undertaking the Development. 5. Classes of Site Plan Applications (a) Residential Residential development containing ten dwelling units or less. Any temporary building: or Any change to a site not involving the erection of a new building or building addition. (b) Minor Commercial�'IndustriallMutti-Residential - Residential developments greater than 10 dwelling units; or - Where construction or additions to buildings that would result in an increase in the building footprint greater than 50 0 square rnetres. but less than 200 00 square metres (c) Major CommercialllndustriaUMulti-Residential Development Services July 3, 2024 Report No. DS2024-090 Page 5 of 11 Page 167 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... - All development that is not consider Residential or Minor Commercialtlndustrial shall be considered Major Commercialllndustrial/tylulti-Residential 6. Delegation The Director of Development Services is hereby delegated as being the official entitles to exercise Councils authority to approve or exempt development, impose conditions and require an agreement under Section 41 of the Planning Act and this by-later. The Director of Development Services shall consult with the appropriate municipal departments and outside agencies to ensure compliance of the plans and drawings submitted in accordance with Section 7 below, the policies, by-law and/or statutes administered by such departments and/or agencies. In the case where Council or the Development Services Committee has approved a development application ( i.e. Zoning lay-law Amendment or Minor Variance). within 12 months of the date of that decision. the Director of Development Services is hereby delegated authority to approve major site plan applications and amendments thereto, unless otherwise directed by Council. Notwithstanding the delegation set out above (a) The Director of Development Services may, at any time, refer applications to Council for approval. or (b) Council may request (by resolution) that an application be presented to Council for approval. or (c) Where the Director has refused to issue an approval or where the conditions of approval are disputed. the Applicant may request that the application be presented to Council for approval. Upon receipt of the resolution under subsection (b) or the written application under subsection (c), the Director shall refer the matter to Council. The Director of Development Services may approve minor changes to any approved site plan, in venting without an amendment to the site plan agreement Multiple minor changes shall be incorporated into the site plan agreement through an updated site plan and amending agreement process. Development Services July 3, 2024 Report No. DS2024-090 Page 6 of 11 Page 168 of 173 Ta) DS2O24-090, Andy Karaiskakis, Manager, Planning Services re: Site P... 7. Approval of Plans Applicants are encouraged to consult with the Township before submitting plans and drawings for approval as provided in subsection 41(3.1) of the Planning.act. Subject to the exclusions set out in Section 3 of this By-law, no person shall undertake any Development in the Site Plan Control Areas unless the Township, or where a referral has been made, the Land Planning Appeal Tribunal, has approved one or both as the Township may determine, of the following (a) Plans showing the location of all buildings and structures (including electrical mechanical, heating andfor cooling equipment not located within the building or structure) to be erected and showing the location of all facilities and work to be provided in conjunction therewith and of all facilities and works required under Section S of this By-law. and (b) Drawings showing the plan, elevation, cross section views for each building to be erected which are sufficient to display the massing and conceptual design of the proposed building, the relationship of the proposed building to adjacent buildings and streets, exterior areas to which members of the public have access. and the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces. and interior walkways in adjacent buildings_ 8. Facilities. Works, Maintenance, Agreement As a condition of the approvals of the plans referred to in Section 7. the Township may require the owner of the lands to provide to the satisfaction of, and at no expense to. the Township any or ALQf the following (a) Widening of highways that abut the land such as access ramps and curbing's and traffic direction signs, (b) Facilities to provide access to and from the land such as access ramps and curbing's and traffic direction signs; (c) Off-street vehicular loading and parking facilities, access driveways, including driveways for emergency vehicles and the surfacing of such areas and driveways; (d) Walkways including the surfacing thereof, and all other means of pedestrian access: i.e) Facilities designed to have regard for accessibility for persons with disabilities; (.f) Facilities for the lighting including flood lighting of all land or any building or structures thereon (g) Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands, (h) Vaults central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material: (i) Easements conveyed to the Township for the construction, maintenance or improvement of watercourses, ditched. land drainage works. and other facilities on the land; and Grading or alteration in elevation or contour of the land and provision for disposal of storm, surface and waste water from the land and from buildings or structures thereon, Development Services July 3, 2024 Report No. DS2024-090 Page 7 of 11 Page 169 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... (j) Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon and (k) Subject to subsection 41(9.1) of the Planning Act, the conveyance of part of the land to the Township for a public transit right of way. Maintain to the satisfaction of the Township and at the sole risk and expense of the owner any or WLQf the facilities or works mentioned in clauses 8 (b), (c). (d). (e), (fl, (g), (h) and 0). including the removal of snow from access ramps and driveways, parking and loading area. and walkways and all other means of pedestrian access. Enter into one or more agreements with the Township vihich will deal with and ensure (a) The provision of all the facilities. works or matters referred to in subsection 8 (b) The continued maintenance referred to in subsection & and (c) The approval of the plans and drawings referred to in Section 7 9. Registration, Municipal Remedial Action and Enforcement 1. Any agreement pnterpd j0IQ under this By-law shall be registered against the land to which it applies and the Township is entitled to enforce the provision of the agreement against the owner, and subject to the provisions of the Regis►ry Act and the Land Titles Act, any and all subsequent oviners of lands. 2. V%Ihere the oviner of land is directed or required by this By-law or an agreement entered into under of this By-law that any matter or thing be done and such person defaults in doing such matter or thing, it may be done by the Township at its expense and the Township may recover the expenses of doing such matter or thing by drawing upon any securities provided by the owner by adding these costs to the tax roll and collecting them in the same manner as taxes pursuant to section 446 of the Afunicipal Act, 2001. 3. Any offence of the provisions of section 41 of the Planning Act or any provisions of this By-law, as may be amended from time to time, may be prosecuted pursuant to the provisions of section 67 of the Planning Act. 4. Unless prohibited by law. the owner executing a Site Plan Agreement shall be requested to agree to a provision whereby the Director Development Services. the Chief Building official, or other person to whom the Director Development Services delegates the responsibility may enter on land subject to the Agreement to inspect same for compliance with the Agreement. Nothing in this provision authorizes the entry into of any building. 5. The right of entry described in paragraph 4 above is in addition to any statutory rights of entry the Township may otherwise specifically have. 10. Authorization After approval of an application by Council, the Director of Development Services or designate, the Mayor and Clerk are hereby authorized to sign any Site Plan Development Services July 3, 2024 Report No. DS2024-090 Page 8 of 11 Page 170 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... Agreement and any documents which may be required to implement the conditions of approval. 11. Severability Should any section, subsection. clause or paragraph of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part other than the Section, subsection. clause or paragraph declared to be invalid 12.That By-law 2015-036 is hereby repealed in its entirety 13.This By-law shall take effect on the final passing thereof. By-law read a First. Second and Third time, and Passed this 12`' day of June, 2019. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Development Services July 3, 2024 Report No. DS2024-090 Page 9 of 11 Page 171 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... Schedule "A" to By-law No. 2019-056 for The Corporation of the Township of Oro-Medonte The following properties are designated as Site Plan Control Areas in accordance with Section 41 of the Planning Act, R.S.O. 1990, c.P.13. as amended: 1. Lands zoned `31 in Comprehensive Zoning By-law 97-95 of the Township of Oro- Medonte, described as E112 of Lot 22, Concession 8 (Oro), Township of Oro- Medonte, Roll Number 4346-010-009-06700,240 Line 8 South (Barrie Speedway) 2. Part of Lots 5 and 6, Concession 14, being Lots 5 and 6. Plan M-205, Part 1. RP51 R-14573 (Oro). Township of Oro-Medonte, Roll Number 4346-010-005-21807- 0000.14 Pethenvin Place (Locke) 3. South Part of Lot 17, Concession 3 (Orillia), Township of Oro-Medonte, Roll Number 4346-030-012-43100-0000, 18 Moon Point Drive (Cooke). 4. Lands designated Residential One (R1)Zone in Registered Plan 1464, Lots 23 and 24, Concession 11 (Oro), Township of Oro-Medonte - zoned with Holding Provisions prior to September 16, 1998 (Ukrainian Camp) 5. Lands designated as Agricultural and described as West Part of Lot 15. Concession 4 (I'vledonte), Township of Oro-Medonte Roll Number 4346-020-002- 04000. 1071 Moonstone Road West (Hillsdale Correctional Camp). 6. Lots 1 to 13 inclusive, Plan 51M-720, Township of Oro-Medonte. 7. Lots 16 to 28 and Lots 30 to 43 inclusive. Draft Plan of Subdivision 43T-91031 (Buffalo Springs). 8. West Part of Lot 1, Concession 13 (6 Catherine Street). Development Services July 3, 2024 Report No. DS2024-090 Page 10 of 11 Page 172 of 173 Ta) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site P... Schedule 2: Draft Amending By-law The Corporation of the Township of Oro-Medonte By-law No. 2024 A By-law to Amend By-law 2019-056 being a By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas Whereas subsection 41(2) of the Planning Act, R.S.O. 1990, c. P.13, as amended provides that where an area is shown in the Oro-bledonte Official Plan as a proposed Site Plan Control Area. Council may; by by-law designate such area as a Site Plan Control Area, And Whereas the Township of designates all areas of the Township as proposed Site Plan Control Areas and provides for the establishment of a site plan control by-law, And Whereas subsection 41(1.2) of the Planning Act'provides for the prescribed areas that are subject to Site Plan Control, Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows 1. That Section 3(a)(i) of By-law 2019-056, as amended, is hereby revised to delete the word "or' after Horne Industry 2. That Section 3(a) of By-law 2019-056, as amended, is hereby revised to add the following `(iii) is within 120 metres of a Great Lakes shoreline inland lake, wetland, or river stream valley, or, (iv) within 300 metres of a railway line.' 3. This By-law shall take effect on the final passing thereof. By-law read a First. Second and Third time, and Passed this V day of July. 2024. The Corporation of the Township of Oro-Medonte Mayor, R. Greenlaw Deputy Clerk, Janette Teeter Development Services July 3, 2024 Report No. DS2024-090 Page 11 of 11 Page 173 of 173