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08 07 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, August 7, 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 by emailing planninq(a)_oro- medonte.ca or registering to participate at a Development Services Committee meeting at the "Request for Participation Form" link below. 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 DS 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- Page 1 of 221 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. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 16 a) Minutes of Development Services Committee meeting held on Wednesday, July 3, 2024. 07 03 2024 Development Services Committee - Draft Minutes 5. Public Meetings: 17 - 32 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, West Part Lot 8, Concession 14, Township of Oro-Medonte (formerly Medonte, County of Simcoe), municipally known as 10087 Highway 12, 2024-ZBA-05 (Andrews). Notice of Receipt of Complete Application & PM 5a Presentation 33 - 43 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, municipally known as 1017 Lakeshore Road East, 2024-ZBA-09 (Monkman). Notice of Receipt of Complete Application & PM 5b Presentation 6. Public Hearings: 44 - 77 a) 6:00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services re: Consent Applications 2024-B-08, 2024-B-09 & 2024-B-10, Hang Gao & Xu Han, 1667 Ridge Road East. DS2024-100 Page 2 of 221 6a Presentation 78 - 98 b) 6:10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-11, Quinan Construction Limited, 466 Line 2 North. DS2024-095 6b Presentation 99 - 134 c) 6:20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-12, James Ward, 253 Craig Sideroad. DS2024-096 6c Presentation 6c Agent's Presentation 135 - 160 d) 6:30 p.m. DS2024-094, Yubing Fan, Planner re: Minor Variance Application 2024-A-39 William Glover & Tammi Dean, 121 Brambel Road. DS2024-094 6d Presentation 6d Site Plan Shared on Screen during Public Comments 161 - 178 e) 6:40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-40, Matt & Jil Koller and Dave & Helen Noble, 885 15/16 Sideroad East. DS2024-099 6e Presentation 7. Deputations/Presentations: 179 - 189 a) Deputation by Jim Graham, re: Update on Private/Public Partnership of Oro- Medonte Community Environmental Centre/Try Recycling. Deputation Form Deputation slide deck 8. Reports of Municipal Officers: 190 - 198 a) DS2024-093, George Vadeboncoeur, Manager, Planning Special Projects re: Information Report on the Status of the Try Recycling Site Plan Application No. 2016-SPA-14. DS2024-093 199 - 212 b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Projects re: Zoning By-law Amendment Application 2024-ZBA-05, Gayle Andrews 10087 Highway 12 [Refer to Item 5b) 08 07 2024 Council Agenda]. DS2024-098 213 - 221 c) DS2024-101, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-29, Foad & Esther Sabet, 15 Georgina Drive. DS2024-101 9. Next Meeting Date: Page 3 of 221 September 4, 2024. 10. Adjournment: a) Motion to Adjourn. Page 4 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte �~ Development Services Committee Minutes (W Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, July 3, 2024 5:42 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Manager, Planning Special Projects; Catherine McCarroll, Senior Planner; Yubing Fan, Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Jason Scharapenko, 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 Page 1 of 12 Page 5 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC240703-1 Moved by Schell, Seconded by Clark It is recommended that the agenda for the Development Services Committee meeting of Wednesday, July 3, 2024 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, June 5, 2024. Motion No. DSC240703-2 Moved by Greenlaw, Seconded by Young It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, June 5, 2024 be received and approved as printed and circulated. Carried. Page 2 of 12 Page 6 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 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). 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 Patricia and Douglas Frost. The following correspondence was received: Bell Canada dated June 12, 2024; Simcoe County District School Board dated June 13, 2024; Township of Oro-Medonte, Building Division dated June 19, 2024; Severn Sound Environmental Association dated June 21 , 2024. Catherine McCarrol, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Doug Frost, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 3 of 12 Page 7 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes - Wednesday, July 3, 2024. b) 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). 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 Eagles Rest Estates Ltd., c/o Jeff Stravato. The following correspondence was received: Bell Canada dated June 12 and June 19, 2024; Township of Oro-Medonte, Operations Division dated June 12 and June 19, 2024; Nation-Huronne-Wendat - Wendake dated June 17, 2024; Enbridge Gas dated June 18 and June 25, 2024; Township of Oro-Medonte, Building Division dated June 19, 2024; Jones Consulting dated June 19, 2024; Simcoe County District School Board dated June 19 and June 28, 2024; Ministry of Environment, Conservation and Parks dated June 19, 2024; Nottawasaga Valley Conservation Authority dated June 20, 2024; Township of Oro-Medonte, Environmental Services dated June 21 , 2024; Chris and Samantha Hoffmann dated June 30, 2024; Sonia Faryna dated July 2, 2024; Jennifer Strazzeri dated July 2, 2024; Paul Grass dated July 2, 2024; Len Watson dated July 2, 2024; John McGee dated July 2, 2024 (2); Don Forbes dated July 2, 2024; Jeanette Hayward dated July 2, 2024; Jack Pearce dated July 2, 2024; Susan von Svoboda dated July 2, 2024; Todd Moser dated July 2, 2024; Lisa and Stephen Chase dated July 2, 2024; Janet Howe dated July 2, 2024; Paul Weber dated July 2, 2024; Debbie Palmer dated July 2, 2024; Phyllis and Peter Fletcher dated July 2, 2024; Allan Baker dated July 3, 2024; Peter Osachuk and Karin Knitter dated July 3, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Greg Barker, agent on behalf of the applicant, was present. A PowerPoint presentation was presented. Kathy Di Silvestro, agent on behalf of the applicant, was present. The following public comments were provided: Sonia Faryna provided comments and concerns regarding the number of homes in the application, retaining wall/exposed sand/drainage concerns and of keeping the character of the area, nature of fence/wood private fence comments, Eagles Landing development across the road, stormwater management, pond elevation, and the meaning of the wording in the notice regarding the purpose. Paul Weber provided comments regarding the wall, concerns of ownership of wall to the residents. Page 4 of 12 Page 8 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. Linda Myles provided comments regarding retaining walls being built in the development, the approval the 2021 application, comments of appearance of advance building occurring. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. 6. Public Hearings: a) 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. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by David Quinlan, Marie Wursten, Peter Quinlan, Allan Quinlan and Annette Quinlan. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 18, 2024; Township of Oro-Medonte, Building Division dated June 20, 2024; Township of Oro-Medonte, Fire and Emergency Services dated June 21, 2024; Severn Sound Environmental Association dated June 24, 2024; Nottawasaga Valley Conservation Authority dated June 24, 2024 (2); Bell Canada dated June 26, 2024. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. David Quinlan, applicant, was present. Rudy Mak, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 5 of 12 Page 9 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. Motion No. DSC240703-3 Moved by Clark, Seconded by Bard It is recommended 1 . That 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 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 DS2024-084. 3. 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 DS2024-084. 4. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 12 Page 10 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. b) DS2024-088, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-35, Shirley Guitard, 440 Line 11 North. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Shirley Guitard. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 18, 2024; Township of Oro-Medonte, Building Division dated June 19, 2024; Lake Simcoe Region Conservation Authority dated June 21 , 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Shirley Guitard, 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. DSC240703-4 Moved by Bard, Seconded by Schell It is recommended 1 . That DS2024-088, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-35, Shirley Guitard, 440 Line 11 North 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 DS2024-088. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 12 Page 11 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. c) DS2024-091, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-36, Enza Badolato, 236 Lakeshore Road West. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Enza Badolato. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 18, 2024; Township of Oro-Medonte, Building Division dated June 19, 2024; Urve Aunbu dated July 1 , 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Enza Badolato, applicant, was present. Joseph Paul, on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC240703-5 Moved by Hutcheson, Seconded by Clark It is recommended 1 . That DS2024-091, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-36, Enza Badolato, 236 Lakeshore Road West 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 DS2024-091 . 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 12 Page 12 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. d) DS2024-089, Yubing Fan, Planner re: Minor Variance Application 2024-A-38, John & Andrea Goldsand, 909 Woodland 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 John and Andrea Goldsand. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 19, 2024; Township of Oro-Medonte, Fire and Emergency Services dated June 21 , 2024; Lake Simcoe Region Conservation Authority dated June 24, 2024. Yubing Fan, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. John Goldsand, 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. DSC240703-6 Moved by Young, Seconded by Bard It is recommended 1 . That DS2024-089, Yubing Fan, Planner re: Minor Variance Application 2024-A-38, John & Andrea Goldsand, 909 Woodland Drive 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 DS2024-089. 3. That the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 9 of 12 Page 13 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. e) DS2024-086, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-37, Erin Nightingale, 510 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 Erin Nightingale. The following correspondence was received: Township of Oro-Medonte, Development Engineering dated June 21, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Erin Nightingale, 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. DSC240703-7 Moved by Greenlaw, Seconded by Hutcheson It is recommended 1 . That DS2024-086, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Application 2024-A-37, Erin Nightingale, 510 Lakeshore Road East 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 DS2024-086. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 12 Page 14 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. f) DS2024-085, George Vadeboncoeur, Manager, Planning Special Projects re: Consent Application 2024-B-07, Henrietta Houston, 3276 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Henrietta Houston. The following correspondence was received: Township of Oro-Medonte, Operations Division dated June 19, 2024; Township of Oro-Medonte, Building Division dated June 20, 2024; Township of Oro-Medonte, Fire and Emergency Services dated June 21, 2024; Severn Sound Environmental Association dated June 24, 2024; Nottawasaga Valley Conservation Authority dated June 24, 2024; Enbridge Gas dated June 25, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Henrietta Houston, 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. DSC240703-8 Moved by Clark, Seconded by Young It is recommended 1 . That DS2024-085, George Vadeboncoeur, Manager, Planning Special Projects re: Consent Application 2024-B-07, Henrietta Houston, 3276 Penetanguishene Road 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 DS2024-085. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 11 of 12 Page 15 of 221 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, July 3, 2024. 7. Reports of Municipal Officers: a) DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site Plan Control By-law Update [Refer to Item 5a) 07 03 2024 Council Agenda]. Motion No. DSC240703-9 Moved by Bard, Seconded by Greenlaw It is recommended 1 . That DS2024-090, Andy Karaiskakis, Manager, Planning Services re: Site Plan Control By-law Update 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 DS2024-090. 3. That the appropriate staff bring forth the By-law for Council's consideration. Carried. 8. Next Meeting Date: August 7, 2024. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC240703-10 Moved by Hutcheson, Seconded by Schell It is recommended that we do now adjourn at 7:40 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Manager, Planning Services; Secretary- Treasurer, Andy Karaiskakis Page 12 of 12 Page 16 of 221 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-05 (Andrews) 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 101"day of July, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on August 7, 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 West Part Lot 8, Concession 14, Township of Oro-Medonte (formerly Medonte, County of Simcoe), municipally known as 10087 Highway 12. 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 rezone the applicant's lands from Agricultural/Rural (A/RU)to an Agricultural/Rural Exception (A/RU*#)Zone to permit a new 233.2 square metre(2,510.0 square foot)accessory building with a height of 6.5 metres (21.5 feet)that contains a 165.4 square metre (1,780.0 square foot)second floor apartment unit along with a 48.8 square metre (525.0 square foot) main level garage. Input on the proposed 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 ning(aboro-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 17 of 221 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 specified person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Township of Oro-Medonte to the Ontario Land Tribunal but the specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the by-law is passed,the specified person or public body is not entitled to appeal the decision. If a specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the by-law is passed,the specified person or public body 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. Notwithstanding the above, subsection 34(19)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. 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 ninq(@oro-medonte.ca Dated at the Township of Oro-Medonte this 17"'day of July, 2024. Location Map —ti 12 �J _ _. ®Subject Lands Page 18 of 221 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan EX.veav E%. r-rFY15f(XXL OLLGTJG aCG ��L�J NK4%ZOOffEf 04fG�\ ML o ' g xcai MW 700' ate' 875' tIL N'RDI.IBOOEEEf �� HIGHWAY 12 Page 19 of 221 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Elevations East Elevation 0 a a a a a a a a a a a North Elevation West Elevation El South Elevation Page 20 of 221 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Floor Plans Main Floor q ' 14'0- .n 16x16 51EEL f O5f - — OKAa (.APPLE 14'-6�" ENCAK.MV MAY E14UERF.r7 KAk LOAM Second Floor °r-lo 4 '&,L' 0'-T. S10FJ+CE 5'celr�Ms t OWWOM 2 5'uirc�ixr 6a At ROOM J 8'uio-e�ke�t CLOSET 15'-gam" u�Tr a'-ID 3 j WN-K-H-CLOSET 18'ud�Ivr.�t EMM P&A —I�"u6q Feint MASTER LXPMM 5'ceiryk�t ER Page 21 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... ^ w L / O [ ------------------ N CD M Li Q 4- j E Q N Q � 00 � C) U . . . . 'C— V� O i N O t� Page 22 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s L / �\ O � N coo ffo i cl� cM O 07 LO CO CN LO Q N LOCD N N " O to N N N � � O N CIO O O 0 ° - � 00 U Q � E — o N L w07 L O 0- Q N Cn CEO '�: t6 4- j U O Ncn �. .-. � — M N Q N c�La Q w a, � L O 4-0 � O Q) = O N O Qo `, ti O � LO T L N CuNLr) o 'M � E (n U N cn O O N .� CME a) 0 4O E O N t6 O a O Cy O 0- 0- Page 23 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 L / O �� B M E� W N III l Q) ail Z N � v IL U Cn Q 4- j E Q Q aJ � v 00 - N - - Page 24 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 L / O �� B 1 � o 'y W N N O N O Ca .V � � Q Q (D E 4- j o E Q O Q !77!WA XFllry `1T •r r ■ ■ O N � - ■- a aU) Page 25 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 L / O �� B 1 � o 'y N 0 N O _ N o LLl 41 LLJ O C: a_ Q O - E Q o O - :� � w -1 _ w Z l •+//� ■ ■ A r O O M ■_ N .V � aW Page 26 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 L / O �� B 1 � o 'y W N 1 N O N Til- f O r Ju- � 1•k Q <, .. 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' (/•�' r w L / :q- o � 0 W O +� E N � L rl o - ,° N O o > cn it ^ W L }, O Q� O rZ W E Cu O VI Y •_ O ^ Y o O N u ° O Page 31 of 221 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 r / U) W a O � > (D M x Q _ m EO N M - X T a) En N C a) 4-j a� N ° E -o Q O -� U c� � cn — W c L 4-1 a)EQ > N N O E N U O � t6 � N E }/ Q E O 0 0 _V O Cu • • .a -� to O U 1 M 0- � U L 0 4-1Cn —O O E o w c� C: E O ov O cn (D Page 32 of 221 5.b) 5:45 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 (`bier+ //c�r�r,•r!c• Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2024-ZBA-09 (Monkman) 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 17th day of July, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on August 7, 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 municipally known as 1017 Lakeshore Road East. 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 for the subject property from the Shoreline Residential (SR)Zone to the Shoreline Residential Exception (SR*###)Zone to permit a two storey detached accessory building/garage intended to be utilized for storage. The detached garage is proposed to exceed the maximum size provisions of Zoning By-law 97-95 with respect to height and gross floor area. The site specific zoning by-law would establish the following zone provisions for the detached garage: ZONE SECTION ZONE PROVISION PROPOSED BY-LAW PROVISION Section 5.1.4 Detached Accessory 5.77 metres Building Height(Maximum) (18' 11") Detached Accessory 147 square metres Section 5.1.6 Building Floor Area (1,587 sq ft) (Maximum) 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/m un icir)aI-services/plan nina-information. Written submissions can be made by: 1. Emailed to planning(@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 33 of 221 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 17tht"day of July, 2024. Location Map ti i-- ---� popiar 77 Lakeshore Rd.E. Lake Simcoe ®Subject Lands Page 34 of 221 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan Sketch 1017 Lakeshore Road East Oro Medonte. ON Proposed New Dwelling Garage Build Site Reference Plan Lakeshore Rd East 4 a- E.Gura Dn'reray Femain E:suo];cca- Fc—a- a s� PROPOSED DETACHED ACCESSORY GARAGE E..Istln;g G )abe Demol ` 19n U � aroc----Htw Cz Cz Garage b Exi;a,, it Etewrg Sam Turcn cc 4 V7erriar>� 9d7S Sq Ftcc t (� sissy EAjb 19 b:rtln5 oun 'Fr cn.rm s rrowan De�r9 a d C - It cm Dasift s agar Proposed aer Drearg 2,296 5q Fl(213.11 sq y b _ 8 N _ Boathouse - - - _ _ _ To Remain H { Wye YS Edge \ Lake Simcoe Warrs Edge Page 35 of 221 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... k O12 - 6 I at I n•i I I I ---j- --� -- - - 4-a C: C: O O Cn O ca `- � ca Q o ca C� can � m J a) U o O as C- ca . . 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U : O .0 T U U Page 43 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... �_ (W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: August 7, 2024 Report No: DS2024-100 Subject: Consent Applications 2024-13-08, 2024-13-09 & 2024-13-10, Hang Gao & Xu Han, 1667 Ridge Road East Type: Requires Action _X_ or For Information Only Motion No. Recommendation It is recommended: 1. That Report DS2024-100 be received and adopted; 2. That consent Application 2024-B-08 by Hang Gao & Xu Han to permit the creation of a new residential lot having a lot frontage of approximately 30.06 metres (98.62 feet), a lot depth of approximately 54.00 metres (177.16 feet) and an area of approximately 0.2 hectares (0.49 acres) be approved, subject to the conditions as outlined in Report No. DS2024-100. 3. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water servicing on either the vacant severed or retained parcel. b) That the applicant submit, to the satisfaction of the Township, a hydrological study to determine if the soils are appropriate for the construction and use of Development Services August 7, 2024 Report No. DS2024-100 Page 1 of 15 Page 44 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... a private septic system on the lots and to confirm sufficient ground water supply. c) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. d) That the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. g) 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. h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. i) 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 consent Application 2024-B-09 by Hang Gao & Xu Han to permit the creation of a new residential lot having a lot frontage of approximately 30.08 metres (98.69 feet), a lot depth of approximately 72.02 metres (236.29 feet) and an area of approximately 0.2 hectares (0.49 acres) be approved, subject to the conditions as outlined in Report No. DS2024-100. 5. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water servicing on either the vacant severed or retained parcel. b) That the applicant submit, to the satisfaction of the Township, a hydrological study to determine if the soils are appropriate for the construction and use of a private septic system on the lots and to confirm sufficient ground water supply. Development Services August 7, 2024 Report No. DS2024-100 Page 2 of 15 Page 45 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... c) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. d) That the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. g) 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. h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within two years of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above- noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 6. That consent Application 2024-B-10 by Hang Gao & Xu Han to permit the creation of a new residential lot having a lot frontage of approximately 30.09 metres (98.72 feet), a lot depth of approximately 72.02 metres (236.29 feet) and an area of approximately 0.2 hectares (0.49 acres) be approved, subject to the conditions as outlined in Report No. DS2024-100. 7. The conditions are as follows: a) That the applicant signs the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water servicing on either the vacant severed or retained parcel. b) That the applicant submit, to the satisfaction of the Township, a hydrological study to determine if the soils are appropriate for the construction and use of a private septic system on the lots and to confirm sufficient ground water supply. c) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution Development Services August 7, 2024 Report No. DS2024-100 Page 3 of 15 Page 46 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. d) That the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. g) 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. h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. i) 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. 8. And that the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Background The subject lands are located on the south , side of Ridge Road East, east of Line 11 South, in the Hawkestone Rural Settlement area. The subject property has a frontage along Ridge Road of approximately 237.8 metres (780.2 feet) and a lot area of approximately 20.3 hectares (50.3 acres). The lands contain a single detached dwelling, several I outbuildings and is heavily forested. Consent Applications 2024-B-08, 2024-B- 09 & 2024-B-10 ; All Purpose of Application 2024-B-08: The Ma,aas applicants are requesting consent to sever Development Services August 7, 2024 Report No. DS2024-100 Page 4 of 15 Page 47 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... lands for the purpose of the creation of a new residential lot. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained*: Frontage: Approximately 30.06m 98.62 ft. Approximately 147.59 m 484.22 ft. Depth: Approximately 54.00 m 177.16 ft. Irregular Area: Approximately 0.2 ha 0.49 ac. Approximately 19.77 Hectares 48.84 ac. Use: Residential Residential & Woodlot *Dimensions of the retained lands following Consent Applications 2024-B-08, 2024-B-09 and 2024-B-10. Purpose of Application 2024-B-09: The applicants are requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained*: Frontage: Approximately 30.08m 98.69 ft. Approximately 147.59 m 484.22 ft. Depth: Approximately 72.02 m 236.29 ft. Irregular Area: Approximately 0.2 ha 0.49 ac. Approximately 19.77 Hectares 48.84 ac. Use: Residential Residential & Woodlot * Dimensions of the retained lands following Consent Applications 2024-B-08, 2024-B- 09 and 2024-B-10. Purpose of Application 2024-B-10: The applicants are requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained*: Frontage: Approximately 30.09m 98.72 ft. Approximately 147.59 m 484.22 ft. Depth: Approximately 72.02 m 236.29 ft. Irregular Area: Approximately 0.2 ha 0.49 ac. Approximately 19.77 Hectares 48.84 ac. Use: Residential Residential & Woodlot * Dimensions of the retained lands following Consent Applications 2024-B-08, 2024-B- 09 and 2024-B-10. A location map is attached as Schedule 1 to this report, and the applicant's proposed severance plan is attached as Schedule 2. Development Services August 7, 2024 Report No. DS2024-100 Page 5 of 15 Page 48 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... PROPOSED LOTS TO BE CREATED R RM EASY Ri - DGE ROAO EAST f*' t J LOT/1 I LOTt2 LOTO I Analysis Provincial Policy Statement (2020) The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 1.1.3.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Furthermore, Section 1.1.3.4 states: "appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form". Planning Staff is of the opinion that the proposed development is consistent with the policies of the Provincial Policy Statement as the proposed new lot is located within a rural settlement area (Hawkestone) and the severed lands would be serviced by private individual water and septic systems which is an appropriate method of servicing commonly utilized within Rural Settlement Areas that do not have municipal services available. 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 2.2.1 of the Growth Plan contains policies for "Managing Growth" and directs development to settlement areas. Specifically, Section 2.2.1.2 (b) permits limited growth in rural Development Services August 7, 2024 Report No. DS2024-100 Page 6 of 15 Page 49 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... settlement areas and settlement areas that are not serviced by existing or planned municipal water and wastewater systems. In this case, the severed parcels will be serviced by private water and private septic systems. Section 2.2.9, Rural Areas, is also applicable to these applications and Planning Staff is of the opinion that the proposed development conforms to the Rural Areas policies as the proposed new lots are located within a Rural Settlement Area (Hawkestone). County of Simcoe Official Plan The subject lands are designated "Settlements" in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. Pursuant to Table 5.1 of the County's Official Plan, Hawkestone is recognized as a settlement area in the Township. Section 3.5 of the County Official Plan contains policies relating to the "Settlements" designation. The objectives of the "Settlements" designation are to: "focus population and employment growth and development within settlements...to develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services...to promote development forms and patterns which minimize land consumption and servicing costs" (p.26). In Planning Staff's opinion, the proposed development conforms to these policies as the lands are located within a Rural Settlement Area, and therefore it is not anticipated to have any adverse effect on any agricultural uses or environmental features. Notice of these applications have been circulated to the County, but as of the preparation of this report, County Staff have not provided any comments; Committee should have regard to any County comments that may be received. Lake Simcoe Protection Plan (LSPP) The lands to be severed are located outside of the Lake Simcoe Region Conservation Authority's regulated area. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the subject consent applications in context to the policies in the LSPP, specifically Policy 4.15 DP, which restricts new on-site sewage system or subsurface sewage system within 100.0 metres (328.1 feet) of the Lake Simcoe shoreline. The proposed lots are located outside the 100.0 metres (328.1 feet) setback relinquishing the need for restriction under Policy 4.15 DP. Township of Oro-Medonte Official Plan The subject lands are designated "Rural Settlements" in the Township's Official Plan (refer to Schedule 3). The intent of the "Rural Settlements" designation is to accommodate limited growth due to servicing constraints and to recognize unserviced, partially serviced or limited services for residential development in these communities. Development Services August 7, 2024 Report No. DS2024-100 Page 7 of 15 Page 50 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... Permitted uses in the "Rural Settlements" designation include, among others, single detached dwellings. As indicated in Section 2.4.3 — Development Policies, development adjacent to existing land uses shall be required to be complementary and compatible to existing land uses through the use of common or gradual scale, massing, and height. The creation of a new lot in the "Rural Settlements" designation is permitted subject to Section 4.8 and the provisions of the Zoning By-law. New infill lots, on lands without municipal services, or with partial services, may be permitted by severance or plan of subdivision subject to the following: a) direct access is provided to an open and maintained public road; b) the feasibility of a private water supply and/or sewage disposal system is demonstrated to the satisfaction of the Township through a hydrological study that assesses the assimilative capability of the soils and confirms sufficient ground water supply. The proposed lots shall have direct access to Ridge Road East, which is maintained by the Township. As a condition of approval, Planning Staff are requiring the applicant to prepare a hydrological study to determine if the soils are appropriate for the construction and use of a private septic system on the lots and to confirm sufficient ground water supply. By severing the lands, the retained portion could be available for future development, without limiting the overall development potential of the lands. The applicant has provided a concept plan of a potential future development pattern, included as Schedule 5 to this report. The consideration of this proposal and decisions of the Committee do not bias the Township's position with respect to any future development applications for the balance of the lands as subsequent applications shall be considered based on their own planning merits. The proposed consents were assessed against the development of land policies in the "Rural Settlements" designation and Section 4.8 of the Official Plan. On the basis of the analysis of the applications in relation to the Township's Official Plan, it is the opinion of Planning Staff that the severance applications conform to the policies of the Township's Official Plan. Township Zoning By-law The subject lands are currently zoned "Agricultural/Rural Exception 15 (A/RU*15)" in accordance with the Township's Zoning By-law No. 97-95, as amended (refer to Schedule 4). Exception 15 states that only uses that existed on the effective date of this By-law are permitted on those lands. As a condition of consent approval, the applicant will be required to obtain a Zoning By-law Amendment to place the severed lands into a R1 Zoning category which is appropriate for a residential lot within a Rural Settlement area. Development Services August 7, 2024 Report No. DS2024-100 Page 8 of 15 Page 51 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... Financial/Legal Implications/ Risk Management Potential financial and legal implications may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of the applications were 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: Department/Agency Comments: • Township Environmental Services: No comments; private well and septic. • Township Building Division: No comments. Attachments Schedule 1: Location Map Schedule 2: Consent Sketch Schedule 3: Township Official Plan — Land Use Schedule 4: Existing Zoning Schedule 5: Applicant's Conceptual Development Plan Conclusion Planning Staff recommends that Consent Applications 2024-B-08, 2024-B-09 and 2024- B-10 be approved, specifically to permit the creation of three new residential lots on the Development Services August 7, 2024 Report No. DS2024-100 Page 9 of 15 Page 52 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... lands municipally known as 1667 Ridge Road East, as the applications conform to and are consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, July 29, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services July 31, 2024 Development Services August 7, 2024 Report No. DS2024-100 Page 10 of 15 Page 53 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 1906 1878 ` Ire,• 1893 J 1815 20 ✓ 22001 219 —111� 227 1709 1544 244 235 246 260 281 32�'�36 276 \ 2553 to 29 252 g 294 d 25 ` ��-22 IQ,23 i20 C19 cc0aarbrook C es31�John-St. 330 11 % 1501 3 11 352 4Jf 364 -Matilda=St 31 37 372 375 100 16 30 391 403 72 Sf 80 r426 45 16 421 439 8199 108 f 8 125 122 m Shewchenk0_Rd. 567 128 s 1 9 7 5 3 165 148 in 3 K 14 1116 J 4841 156 Location hi& Toumshi o ® Subject Lands /(� __ _ P f (W G Proud Heritage,Exciting Future 0 loom File Number:2024-B-08 to 10 N �� Development Services August 7, 2024 Report No. DS2024-100 Page 11 of 15 Page 54 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Consent Sketch / - - -1 NTING LMLINE TRIANGLE RIDGE ROAC •- TRUNGLE t°YDEED ORILL WELL H F� PROPOSED E 15.00 m 15.22 m 30.10 m HOUSE DRILL WELL .stet RFost Ro m 11.97 m� 15.01 m v .h 7.20 m 6.50 m to I _i 13.5Em t6.5om a.Glm E'RaOn]SED E E E 36 ALLEN asEDE I 3 &= 1 31 '_E STREET WSE m e 1 N ED 13.38 m ; - E M1 / I � m w FOR Me hti"c `0 Y I I.eam 3 3 aIM RidW 11 ` 3$ 1 o 0 1� 3 7.1 In 25 ya , 3 3 — 3 m 1 Filter Bed LOTDl 3 Flter Bed SMx7m 1 .B0 m ].53 m 0.20ha �ttFM MPS F 6 BDfiI Sm><7m Contact h.t ion , couTAcr Area AREA 7mx17m 7MX17M 53.30m R _ —FOR 1 E �S°YO°urN�i tOurt° 1 L0r•z LOT•3 AWAY Fa0e1 THE B0115E 1 0.20ha 0.20ha 1 � 1 � Proposed Lot Llne 1 i 29.01 m 30.11 m 1 1y 1�J Retained land ha (166 Ridge Rdge Rd E) I Consent Sketch =� C fv �/-clofztt- Ynnvi 1-Irritgtr,lixrifin,�Futerr File Number:2023-B-08 to 10 Development Services August 7, 2024 Report No. DS2024-100 Page 12 of 15 Page 55 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Township Official Plan — Land Use a 1966 1906 n«no.vii.xd xeo«iw.wrw xe.w, 14_� pd E ,J d9eea� 1893 1815 T 227 1500 1544 235 20 � 3[i 1495 1 iT 1667 252 v 25 23 �J_ 19 rOOk-Cres. JohnSt. 1501 1455 1 3 11 4 to 364 372 - Q 100 30 16 420 421 45St 80 99 8 5 4 2 122 108 �Shewchenko R- 16s 1412$ — 15 I 12 1 9 7 5 3 156 8 64 2 3 Karpattan-P_I. IM 9 162 _ 7 5 3 1, 9 a n 7 Robinson-S i 10ty 6�42 11 6 N 5 567 215 Bassarab-PI 13 4 g 3 1 21 70 �I 7 51 3] a--211 4 2 i M218 6 4 2 9 7 5 3 J ----�---- - - MY ka-PI. j7 5 1 17 Lake 8 642 16 Simc �z TaraS oe Township Official Plan — Land Use --�� 0 Subject Wnds Agricultural =Greenlands Ton�Y75illp of Rural Rural Settlements Proud Heritage,Exciting Future 0 100 m File Number:2024-13-08 to 10 N �� Development Services August 7, 2024 Report No. DS2024-100 Page 13 of 15 Page 56 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Existing Zoning \IAlp A/RU m Q ly on I`T 3^fie•"vs«.r. j A/RU*15 11 fit_ / \ Qi Fi(J 20 R1 �R1 RI LC*18 A/RLI Rl M I .\K R1 tn� J C A(RU*15 � A/RU J_ RI IR1 I-h .y N, ~ C-odrb ok CreS. John St c ?G R1 tS OS R1 Rl EP LC -Matilda_St. RI os I A/RU*15 R1 EP — / A/RU •asr A/RU*15 — — R1 R1 R1 m�Shewchenko_Rd. PR -- Rl �Y RS LRIE O, R1 N R1 Existing Zoning � -1 RI(Residential One) PR(Private Recreational) r © R2(Residential Two) _ I(Institutional) Subject Lands j SR(Shoreline Residential) T lvnship Of LI(Local Industrial) ��(/*. LC(Local Commercial) ll�..!!! — GC(General Commercial) Proud Heritage,Exciting Future 0 A/Rll(Agricultural/Rural) / _ EP(Environmental Protection) _ 7 0 100 M File Number:2024-B-08 to 10 --I os(open space) /V I I Development Services August 7, 2024 Report No. DS2024-100 Page 14 of 15 Page 57 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... 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E N 0 0 L CL r s O CL p E Page 62 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... O mr s w a 04 Y N a O --- CN CIO O� m O N 00 O - O M � � o N s O N O ^, CW 0 n/ Q. 0 — V . . O 0 4 U c) oa Page 63 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... O `s b` O (n o W W W z o N cn N 3 a O 0 CD O N }, N 00 d7 }, O 00 0 _ CO (a COcn O E (6 O N O > O � 2 � , � In N ) C) � N Cn N N CIO .� — m M O .� M J o 00 O CD- O x O M M •Q V N O . . Q Q � �i = Q Q _ En m N oo U 0 N N CCO U C3) U) N O > Q) 6' o O 22 O N cn in `oo � , _ _ p N C U) 0 Q N 'J. O U � >, to N � a) m E M O X O Q) 0 L L a _O N �- L Q a) cn 0 Q � a p Q Q o O (L) U) (A M Q as o O a� in L O C � s i a is m U = � c� OL0 � N o cn O LL 0 D Page 64 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... 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Y� .. it ., age 68 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... `s /Y1 W W a 1 III i II N II I o _0 II a• � ., TOM m O I 1 I � N m 0 0 1 N li CO O O M N O N ( J O s _ ., ♦"� hY 0 Al ' U 1 _ = N .� 0 N � yo 0 a Page 69 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... O mr s w 1 a 04 Y CAI a O CAI C6 1 , 1 �A CAI 00 O ' O CM U) W �i ✓✓ ? ��I 100, 0 CD j 0 O � U) ►/ i 0 Q 0 i (_^/ i O U Page 70 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... O `s 04 b` a Y N O ._ N — a� C6 v� �, ea f O (n O4 c -0 C N } 00 O > 4' # Y C) M m � � 0fV � 177 O O N � O C M CU O O Q ,as O O CU Page 71 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... O `s U) b 1 0 Cu � •O � W C U O (6 0 O > CL 0 L d o S x C) T U) _ O O CL 0 0 4 0). 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Cn a) E � � a) � a) � m —_ (6 "= 5 1 a) — L O t6 C O L X O H O_ (n F- M (n F- M " H H Q Q L) C— 0 Cu� O_ O M O U Q) O v N Page 74 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... `s 04 b` O a, Q 00 x ° a; 0 w � Ea�vi 3 a � a-=• � •mac . N 5,� 0 � a °' �' LL < _ a? ca Z '_ J � 0 ) 0Qa O L E c 1 C U w -0 M 1 QQa) N o `� Ctf � •— � a) ca c M c a) > Q 0 C) 0 ca a N ca L Q > .T O C 80 0 CL O M > 0 L) a) .� Cn '0 a) 1 . . > U) : � N a) O a) E w O V p E O a) CL S_ C O U LL E U �+ i N C Cu Ep N O Q) a? _ _ w+ U (n f6 L _ -0 CO L Cn � n oas a) o a (6 Q- E O > O i C O O _ (V O H — 0 r- U) R = U Q U O 0 M O N � — LU U t� _U C a) `� o o Q E :E .Q •CL �� c o c 3 caa O a) O O + �- � C U > O O O U a) C a) M a) p — � cc O O O C) oc Page 75 of 221 6.a) 6.00 p.m. DS2024-100, Andy Karaiskakis, Manager, Planning Services ... 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O `s b` WM � � _ N _ � _ � ° x E �-' U a) _ (n c �+ O a) C5 0) a) LL V m Q m CO70 Q 13� o O Cn /Ny � :3a) OQF En E O7 � 0 � E � m cn C) � -6 o L � a) - a) � m > � O a) O C Lo Q) T= ' O > 4 O O a) ca c c a) > O L)a c cn T.O— O a) O O c� O � = a) c cn 00 O W c60LQ00 � � U)_ � °' C:) C� _ j O +O C ca fn .O O O�C 0 > L `D AE U w Q a E O E O ) t a) p C) 00 i c L) a) CD O U O N a) a) yr d (!1 N `� r ai � C/) m �, � E L a) O En U) N Q a) 0 in o m m cn o O a) 0 — mO � L � 00 �-R+ O aH — O a c o M L ° En) C C O S a) O ate) N � 0 a aas •a rn V tea) — LU U v > .� ■0 O � � � Ca o , In C on n a) Oo 0 a) �' Q E V U o }� O O U o a) 16 a) p = ca t6 H H H 07 O c� C— 0 V < C) o� M Page 77 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: August 7, 2024 Report No.: DS2024-095 Subject: Consent Application 2024-13-11, Quinan Construction Limited, 466 Line 2 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-095 be received and adopted. 2. That Consent Application 2024-B-11 by Quinan Construction Limited, to permit a boundary adjustment having a lot frontage of approximately 42.67 metres (140.0 feet), a lot depth of approximately 60.96 metres (200.0 feet) and an area of approximately 0.27 hectares (0.67 acres) to be added to the property located at 490 Line 2 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-095. 3. The conditions are as follows: a) That the severed lands with an area of approximately 0.27 hectares (0.67 acres) and approximately 42.67 metres (140.0 feet) of frontage on Line 2 North be merged in title with the abutting property to the north, described as CON 2 E PT LOT 15 (Oro), 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 Development Services August 7, 2024 Report No. DS2024-095 Page 1 of 11 Page 78 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... 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 all municipal taxes be paid to the Township of Oro-Medonte. c) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. d) 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. e) 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. f) 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 applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services August 7, 2024 Report No. DS2024-095 Page 2 of 11 Page 79 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... Background The subject lands have a total lot area of approximately 2.7 hectares (6.61 acres) according to MPAC u ` records and are located to the southeast of the Martinbrook subdivision. The subject lands currently contain an industrial j building. Surrounding land uses consist of the Martinbrook subdivision to the north and west, residential uses and golf course to the south, and agricultural uses to the east. Proposed Boundary Adjustment r5= A �. . The applicant is requesting Y '" consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed from Lands to be retained Total Merged lands 466 Line 2 North and (466 Line 2 North) (490 Line 2 North) merged with 490 Line 2 North Frontage: Approximately 42.67 m Approx. 100.5 m Approximately 85.3 m 140.0 ft. 329.6 ft. 280.0 ft. Depth: Approximately 60.96 m Approximately 182.9 m Approximately 60.96 m 200.0 ft. 600.0 ft. 200.0 ft. Area: Approximately 0.27 ha Approximately 2.4 ha Approximately 0.5 ha 0.67 ac. 5.9 ac. 1.3 ac. Use: Vacant, to be merged with Industrial and Residential the existing residential use residential uses No new lots are proposed as a result of the boundary adjustment/lot addition. 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, Development Services August 7, 2024 Report No. DS2024-095 Page 3 of 11 Page 80 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... 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 it would not result in the creation of a new lot and is not anticipated to negatively impact the viability of the retained lands as these lands are not being farmed. County Official Plan The subject lands are designated `Agricultural' and `Greenlands' in the County's Official Plan and the benefitting lands are designated `Agricultural', see Schedule 3. Similar to Provincial policies. `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot". On this basis, Planning Staff are satisfied that the proposed boundary adjustment is considered minor as the proposed lot addition is not anticipated to negatively impact the viability of the retained lands or the residential lot to receive land as part of this process. On this basis, Planning Staff is of the opinion that the application generally conforms to the County of Simcoe's Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' and `Greenlands', and the benefitting lands are designated `Rural Residential' in the Township's Official Plan, see Schedule 4. Section 4.8.7 allows for the consideration of general boundary adjustment policies provided that the boundary adjustment will not negatively affect the viability of the use of the properties affected. Although the lands to be severed and merged are designated Agricultural, the subject lands are not being farmed. Planning Staff are satisfied that the proposed boundary adjustment is generally in keeping with the intent of the `Agricultural' policies stated in the Official Plan, and conforms 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 subject lands. Based on the above, Planning Staff are of the opinion that this application conforms to the Township's Official Plan. Township's Zoning By-law The subject lands are zoned Rural Residential Two (RUR2) and Rural Industrial (IR) and the benefitting lands are zoned `Rural Residential Two (RUR2)' in the Township's Zoning By-law 97-95, as amended (refer to Schedule 5). The Rural Industrial Zone is located in the southeast corner of the property, where the previous owner operated an industrial use. Any future residential use on the retained lands would have to be located Development Services August 7, 2024 Report No. DS2024-095 Page 4 of 11 Page 81 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... on the portion of the property zoned (RUR2). A Zoning By-law Amendment would be required to permit a residential use within the portion of the property that is zoned Rural Industrial. The lot configurations of the merged lands and retained lands that would result from this boundary adjustment, would comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Application meet the requirements of the Planning Act and that no plan of subdivision is required. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Fire Department— No objections. Development Services August 7, 2024 Report No. DS2024-095 Page 5 of 11 Page 82 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... Attachments Schedule 1: Location Map Schedule 2: Proposed Boundary Adjustment Schedule 3: County of Simcoe Official Plan — Land Use Schedule 4: Township Official Plan — Land Use Schedule 5: Existing Zoning Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-11 for a boundary adjustment/lot addition be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, July 25, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services July 26, 2024 Brent Spagnol, RPP, Director, Development Services July 29, 2024 Development Services August 7, 2024 Report No. DS2024-095 Page 6 of 11 Page 83 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... Schedule 1: Location Map 751 664 • ua=ae .�ac..a.w. 1820 Ski Trails Rd. — T 2 - 4 — 3 — Z( 6 30 N _c 17 19 i J 8 7 15 510 2089 1931 Cres. �O 10 18 I 490 12 __— 1773 14 16 �466. "� I 440 423 ---- 416 322 400 Location _!! Subject Lands <i'It'tu�t P 4l 0; Proud Heritage,Exciting Fudar 0 loom File Number_2024-6-11 N Development Services August 7, 2024 Report No. DS2024-095 Page 7 of 11 Page 84 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... Schedule 2: Proposed Boundary Adjustment I �y. Benefitting lands ooXQC19 - 490 Line 2 North(Part 4) Part 4 I Proposed merged lands a ----- Part 5 to be severed qW _ _'- (Blue boundary) from 466 Line 2 North 490 Line 2 North Part 5 and merged with 490 ' Line 2 North(Part 4) 2 retained Lands (466 Line 2 North) LANDS TO REMAIN AS! 'RUR2'Zone m y0 Proposed Boundary Adjustment 1�,,,,,'�, ~ 0PiY1�e Proud Heritage,Rxcitiu-g Futun File Number:2024-B-11 Development Services August 7, 2024 Report No. DS2024-095 Page 8 of 11 Page 85 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... Schedule 3: County of Simcoe Official Plan — Land Use Ski Trails Rd, z N G7 C J oK Cres. �o �a County of Simcoe — Land Use =3 Subject Lands Agricultural Greenlands Toinuship of Proud Heritage,Exciting Future 0 100 m File Number:2024-13-11 Development Services August 7, 2024 Report No. DS2024-095 Page 9 of 11 Page 86 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... Schedule 4: Township Official Plan — Land Use 751 one>ime Wlkv qE.F. onmM vellev qa.W. » ! I ma e.n.qa 664 qua ra^t. ganga.w. 1820 Ski Trails Rd. f _2 1 — 550 �— --- — — 4 _ - Z 3 530 ICI 6 17 19 �J 8 7 15 510 '089 �s1 _ — KCres. i�0 — 10 11 `t�`0 18 I 490 12 466 1773 14 16 L4 440 423 ----- 416- ..__ 400 Township Official Plan — Land Use / Subject Lands Agricultural Rural Residential !I, 1"wn lli'1 Of Recreatlonal -(/J Proud Heritage,Exciting Flow, 0 loom File Number:2024-B-11 ti II__I__I__LJi I II Development Services August 7, 2024 Report No. DS2024-095 Page 10 of 11 Page 87 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... Schedule 5: Existing Zoning 1! A/RU EP A/RU A/RU I Ski Trails Rd. ��I 1 RURI C J I _ oK Cr es. RURl RUR1 t A/RU �@ a J FP(H) A/RU � RUR2 — — — A/RU Existing Zoning a Floodplain FP(H)(Floodplain Overlay-Holding) b Suject Lands J RURI(Rural Residential One) Timms{rip�f RUR2(Rural Residential Two) � �C��l t v _ IR(Rural Industrial) Proud Heritage,Exciting haws U A/RU(Agricultural/Rural) EP(Environmental Protection) 0 100 M File Number:2024-B-11 Development Services August 7, 2024 Report No. DS2024-095 Page 11 of 11 Page 88 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... a As I x - 1�� I t( E I I s O j j I o cu L U_ ---' cn c— N 0 D -0 Q U 0� - a (D M — -�U- co o :3 o � a � U N N � �cn c6 v cn .— N J -cl� U) j ai . . o — cu -� }' ._ J o � a � � � � Page 89 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... `s W I'jZc JfQ a � 7, .. _1 - } O 4_0 A a � _ ',� �'�� _ ■vim N a _ V) ?sr v Q U cu ,t O O Sd i� J t. Page 90 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... r w i W S x O s 3 a LU r� 00 4-0 1 O J M O rx _ M2aufT Cu V) 0 — - — - Q U .� � � O U) a� O (� c I �LJTIT O r 2 ,g p ._ 1 O Page 91 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... `s f W o x' (6 3 a O RSLn U) — O Q 5 O Z 3, C4 t15 O? O O O co rco a o 0vCL m U) < < < cu Eo CN C J Q) o � � N c N 0 - 4-1 �? N -, C O [ ! 0 (D 4i O C (6 O Cal G C C� L. N O O V) U }' CL (n JCL ._ o < 0 V Q r �,v 0 C co75 OVJ f 1 Q7 ^� > � [ , >, co CD CD v ++ J q) O_ O O C O E- 't M M C 0 E < < M U (n J N Q (6 Ln (6 CM O cn CL a) Ui G V) 0 o O �' CL L C = :3 O a0 z Page 92 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... `s f W o x' o 3 'y E: m 4-0 ! i 1 y a O � K O }I C, U 4-0 U) 1 1 .� � 0 ro z �0 � T) O y c z J fV 6 �(p Z co z ■ $ co L G Nap T 4w pa 3 Cct� �►�" r f7_ W ai 0 -low W n'w V+ V Clam M a Page 93 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... F k ' w 3 r O S O Z U N °O N J J O N � , O_ _ U r C� i cn U }' co Fr U cn — O 0 i U10 O oz a N 0 O jUl Page 94 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... W i ■_ f e d) _ a 0 M � — N - O NrZx = o C� i U }' -- cn � s kAN co cn ■— U '{ G) w as. a 0 ■fI`YZA'\LU A, - Page 95 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re, Conse... �' d9 W 5 o a+ a tM L L O N r J i O p cn O J J LZ cn U }' co h U (D Tux (/) — H V m 'I �r Page 96 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... `s N O O O " O E O >+U O 1 O �� w O O mo O c .E U) U) 0_ 00 c � a) U -0 'jZc O O X _0 a) W c Q) ca c 0 x o ` O > Na) >+ O O_ � EZ > O �' } O _ OVA M O_ c s c "- O O a r� 0 0 -0 C O O O U c a) -0 Ma) L � o c CU c c _ c a) a) m L M L con ? .U) o0 1- -0 -0 E U -0 ca c o X E CD- m U 0 00 0 ago 1 cn o M L W O L C ts6e 0 1 _� O M O 0 V DU QC N NCD- U 5 _0 QO a) -Q a)N L>(6 0 .� _O a) O a) O Q L Q O CL L � cn O O CD N O_ MM (L) � � a) O a) � c � 0 c � _ 0 U n a) O zz O Cu L E c) 0 0 C6 O -0 >, L O 0 0 C6 U 0 L U ._ cn c a m No � C:)— a) "0 w M O O "O PM aa) — >, O O L O — O X c 0 ") O Q O O En M c 0 \` U a) Z� CDO_ Lo U E c d OU U O. 0 �, L a) E a) o m a) O_O� cu c Q O_ U U) O a) N c En c +O_ Oa) a) _O V^ -0� 0 �[ i � Q �' L [B O c� O O O +r (6 0 0 (`/7 a m�� CD O z) O O� O L ~L O� � � N L:) 0 -�0 , L � QO OO OU N a) 0 r J Q > C Q Qa cu O 0 0 O a) O � O Q) ._ O O 0)_ M (a ■� E c 4- _0 c O L O O S L Co _ U) a) a) "- O 0 O cn Q O (n (n U cD a) O a) Om d Ocn� a) � N U L 0 � W L O Oate _aQ O n 0 -0 -0 O UE a) En C CD c L � O � A L- cn cn � — c c Q) Q O O - a) cn 0 0 0 a) M M O a) > a) U U O i� L) a) O Q) Q) 0 O c a) (6 c� L L a) () X L O H � O U O c O_LO L O O a O O U U L OL O_ a) a) L M -0 U V H M H N Page 97 of 221 6.b) 6.10 p.m. DS2024-095, Catherine McCarroll, Senior Planner re: Conse... `s cc O — s c w N 4- CD > O O C) S a) O Q U) z B o E a) 3 a `~ O O70 .RfA cu Q) O Q) a) LL cn Z L o '� O Q in �\ Q) U ?j a a) r cm O a ' L o �_ E �+ L M s LLJ L N "+ a A O O O lit >' a) O `� `� M O Ln N O O O C O a) U Q) } -0 N 0) c � � o � > �� O OU > _ E O V �° � `� � � � � o Cu L ~-- U) ca as _ c/,� O L O CL U O E O a) O w N U LL E U •L 0 U) O L L (, `� Q (/� +� a L V EL -0O • � � c6 O a) U L E Q � Q) �-. a--. : � a) > U L a) c J CL 4 r a) "� O d 4— • L �+ OO rn C U) M -0 O U)U C > � L U 0 a c U)i p p OL E s O ca a) 0 � � � � c� __ � cn ++ ° U") E cn c = CL Q a3 i 'U >, 3 U Q O_ a) O Q) Q M '� U U -0 O = a) Q 0 .O Q) a) Q O_ ca U a) O N 0 �+ a a) � Q �A Ids M Page 98 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: August 7, 2024 Report No.: DS2024-096 Subject: Consent Application 2024-13-12, James Ward, 253 Craig Sideroad Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-096 be received and adopted. 2. That Consent Application 2024-B-12, to permit the creation of a new residential lot having a lot frontage of approximately 134.5 metres (441.3 feet), a lot depth of approximately 77.0 metres (252.6 feet) and an area of approximately 1.04 hectares (2.6 acres), be approved subject to the conditions as outlined in Report DS2024-096. 3. The conditions are as follows: a) That the applicant executes the Township's Memorandum of Understanding by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, and water and sanitary servicing, on either the severed or retained parcel. b) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. Development Services August 7, 2024 Report No. DS2024-096 Page 1 of 16 Page 99 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... c) That the applicant uncover the nearest run of the sewage system and confirm, to the satisfaction of the Chief Building Official, that the entire sewage system is contained within the severed lands and meets the required setbacks to the proposed lot lines. d) That all municipal taxes be paid to the Township of Oro-Medonte. e) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. A draft copy of the reference plan shall be provided to the Secretary-Treasurer for review and approval prior to registration on title. f) 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. g) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. h) 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 applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands have a total lot area of approximately 45.3 hectares (111.9 acres) according to MPAC records and are located south of Moonstone Road f4 • T West, on the east side of Line 2 North, } . see the Location Map on Schedule 1 of this report. The subject lands support a duplex dwelling, a detached accessory ;r g building and an agricultural building. Surrounding land uses consist mostly of agricultural uses and woodlots. °' .t, >•,�� y Development Services August 7, 2024 Report No. DS2024-096 Page 2 of 16 Page 100 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Proposed Severance The applicant is requesting consent to sever lands for the purpose of the creation of a new residential lot. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approximately 134.5 m 441.3 ft. Approximately 86.3 m 283.1 ft. Depth: Approximately 77.0 m 252.6 ft. Approximately 748.2 m 2,454.7 ft. Area: Approximately 1.04 ha 2.6 ac. Approximately 44.4 ha 109.7 ac. Use: Residential Agricultural The applicant's consent sketch is included as Schedule 2 to this report. Analysis Provincial Policies The Rural Areas policies in the Provincial Policy Statement (PPS) and the Growth Plan for the Great Golden Horseshoe (Growth Plan) are applicable to this application. These sections have been reviewed and Planning Staff is of the opinion that this application is consistent with these policies since the application represents limited residential development within a rural area. The subject lands contain evaluated wetlands, unevaluated wetlands, significant woodlands and watercourses on the south half of the property, see Schedule 5 to this report. Since these natural heritage features are located more than 240.0 metres (787.4 feet) from the proposed lot, the natural heritage policies in the PPS and Growth Plan are not applicable. The south and east sides of the property are regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA provided comments dated July 29, 2024, indicating that they have no natural hazard concerns with the consent application. County Official Plan The subject lands are designated "Rural" and "Greenlands" in the County of Simcoe Official Plan (OP) (refer to Schedule 3). The lot to be severed is located within the portion designated "Rural". The County of Simcoe provided comments dated July 30, 2024, indicating that they have no objection to the proposal in principle (see Schedule 7). Section 3.7.8 of the County's Official Plan contains Rural policies that include criteria for lot creation. Planning Staff is of the opinion that the proposed lot complies with Section 3.7.8, as the proposed lot is not considered strip development and it is limited in area to approximately 1.0 hectare (2.5 acres). On this basis, Planning Staff is of the opinion that the application generally conforms to the County of Simcoe's Official Plan. Development Services August 7, 2024 Report No. DS2024-096 Page 3 of 16 Page 101 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Township of Oro-Medonte Official Plan The subject lands are designated "Rural" and "Greenlands" in accordance with "Schedule A— Land Use" of the Township's Official Plan and the lands to be severed are entirely designated "Rural" (refer to Schedule 4). Section 2.6.9 of the Official Plan contains "Lot Creation" policies in the Rural designation. Planning Staff have reviewed these policies and are satisfied that the proposed severance conforms to these policies as follows: • Proposed lot would have a maximum size of 1.04 hectares (2.6 acres). • Proposed lot conforms to the required Minimum Distance Separation setbacks. • The lot creation does not constitute strip development. • Both the severed and retained parcels have adequate lot area to accommodate water and sanitary services (subject to confirmation from the Township's Chief Building Official, as described in one of the sections below). Section 2.6.9 (d) states that the proposed lot must conform to the General Consent Policies. The following comments below address the criteria for creating new lots by consent as outlined in Section 4.8.6 of the Township's Official Plan: a) Front on and will be directly accessed by a public road that is maintained on a year-round basis; Conforms: The severed and retained parcels would front onto Craig Sideroad which is maintained year-round by the Township. b) Do not have direct access to a Provincial Highway or County Road unless the Province or the County supports the request; Conforms: The subject lands do not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Staff Comment-Conforms: The proposed residential severance is not anticipated to cause a traffic hazard. As of the preparation of this report, comments have yet to be received from the Township's Operations Department. The Committee should have regard to any Operations comments that are received. A Municipal Entrance Permit will be required for a new driveway to access the retained lands. d) Have adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law, and is compatible with adjacent use; Development Services August 7, 2024 Report No. DS2024-096 Page 4 of 16 Page 102 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Conforms: The lot configurations of the severed and retained lands that would result from this application, would comply with the lot frontage and lot area provisions of the Zoning By-law. e) Can be serviced with an appropriate water supply and means of wastewater disposal; Staff Comment-Pending: The severed and severed lands would be serviced by private individual septic systems and wells. The Township's Building Division provided comments indicating that the applicant/owner is required to uncover and confirm that the existing septic system is entirely contained within the lands to be severed. Therefore, Planning Staff are recommending that, as a condition of Consent, the applicant uncover the nearest run of the sewage system and confirm, to the satisfaction of the Chief Building Official, that the entire sewage system is contained within the severed lands and meets the required setbacks to the proposed lot lines. fJ Will not have a negative impact on the drainage patterns and water resource systems in the area; Staff Comment-Conforms: The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Staff Comment-Conforms: As proposed, the lands to be severed and retained would not restrict the development of any other lands. h) Will not have a negative impact on the ecological features and functions of any in the area, as demonstrated through the appropriate studies; Staff Comment-Conforms: The proposed lot is located more than 240.0 metres (787.4 feet) from the natural heritage features on the subject lands; therefore, it is not anticipated to have any adverse impact on the ecological features and functions. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area, as demonstrated through the appropriate studies; and, Development Services August 7, 2024 Report No. DS2024-096 Page 5 of 16 Page 103 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Staff Comment-Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 53 of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Staff Comment-Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. Based on the comments provided above, Planning Staff are of the opinion that this application conforms to the Township's Official Plan. Township's Zoning By-law The subject lands 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 evaluated wetlands, unevaluated wetlands, significant woodlands and watercourses on the south half of the property. The lot configurations of the severed and retained lands that would result from this application, would comply with the lot frontage and lot area provisions of the Zoning By- law. The lands to be severed would remain under 2 hectares (4.9 acres); therefore, it would not be large enough to permit agricultural uses and would be a residential parcel. Financial/Legal Implications/ Risk Management Potential financial and legal implications may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete Development Services August 7, 2024 Report No. DS2024-096 Page 6 of 16 Page 104 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... 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 — Applicant/owner to uncover and confirm the following: a. Proposed lot line location adjacent sewage system at 134m b. Uncover nearest run of sewage system. Min 3 m or may be greater for raised system. c. Confirm that entire sewage envelope is contained within the associated lands. • Enbridge — Does not object. • Hydro One — No comments or concerns. • Nottawasaga Valley Conservation Authority (NVCA) — NVCA staff have no natural hazard concerns with the consent application. • County of Simcoe — See Schedule 7. Attachments Schedule 1: Location Map Schedule 2: Consent Sketch Schedule 3: County of Simcoe Official Plan — Land Use Schedule 4: Township Official Plan — Land Use Schedule 5: Township Official Plan — Natural Features Schedule 6: Existing Zoning Schedule 7: County of Simcoe Comments Dated July 30, 2024 Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-12 be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the County of Simcoe and Township of Oro-Medonte, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, July 31, 2024 Development Services August 7, 2024 Report No. DS2024-096 Page 7 of 16 Page 105 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 2, 2024 Brent Spagnol, RPP, Director, Development Services August 2, 2024 Development Services August 7, 2024 Report No. DS2024-096 Page 8 of 16 Page 106 of 221 6.c) 6-20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re, Conse Schedule 1: Location Map 1 1410 1 1374 1 1310 1 Moonstone Wd W. - 'W IF 1429 1261 1165 471 —2 203 227 —Craig-Sr.-d.-- 101 5610 353 5100 341 333 5100 323 313 307----- 297 281 275 269 1164 265 Location Subject Lands Proud Heritage,Exciting Futwe 0 loom File Number 2024-B-1 2 Development Services August 7, 2024 Report No. DS2024-096 Page 9 of 16 Page 107 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Schedule 2: Consent Sketch -s f SW r � AV I t Consent Sketch ~`C� Toumuhip of Proud Heritage,Exciting Futurr File Number:2023-B-12 Development Services August 7, 2024 Report No. DS2024-096 Page 10 of 16 Page 108 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re, Conse... Schedule 3: County of Simcoe Official Plan — Land Use s � ,9 Moonstone-Rd.-W. IF I' xw j Na. Z N J Craig_Srd. County of Simcoe — Land Use =3 Subject Lands Greenlands _'40ON& - Rural TNnv^usI- f Proud Heritage,Exciting Future 0 100 M File Number:2024-13-12 N I r I Development Services August 7, 2024 Report No. DS2024-096 Page 11 of 16 Page 109 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re, Conse... Schedule 4: Township Official Plan — Land Use 326 1410 1374 1310 le_Moonstone.Rcl 429 61 583 1. Z i N I I� J 1 1 471 f � I 253 _ - - 227 Craig-Srd. — - '� ' 101 j i % 5010 5100 341 j / Township Official Plan — Land Use rb Subject Lanes i Greenlands Mineral Aggregate Resources Proved Heritage,Exciting Faun, 0 loom File Number:2024-B-12 Development Services August 7, 2024 Report No. DS2024-096 Page 12 of 16 Page 110 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re, Conse... Schedule 5: Township Official Plan — Natural Features ..,.E. 3 3�9 E t � R`w --. — dw I I i Ids u Township Official Plan - Natural Heritage, Water Resources and Natural Hazards 1 �� Subject Lands Surface Water Intermittent MNR Evaluated Streams Wetlands Woodlands MNR Un-Evaluated M Treed Wetlands Plantation Permanent Streams Proud Heritage,Exciting Fwurr 0 300 M File Number:2024-B-12 N I t t Development Services August 7, 2024 Report No. DS2024-096 Page 13 of 16 Page 111 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... Schedule 6: Existing Zoning w �— 4L. m AJRU A/RU EP a/Ru A/RU JRU(H) E x AJRU(H) � rc a' AIRU -- A/RU(H) AJRU- _ A/RU(H) Existing Zoning A/RU(Agricultural/Rural) �� _ Subject Lands EP(Environmental Protection) TnipJ MARL Mineral Aggregate Resource One i / / , Proud Heritage,li.ccitiug Future 0 100 m File Number:2024-B-12 N Development Services August 7, 2024 Report No. DS2024-096 Page 14 of 16 Page 112 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re, Conse... Schedule 7: County of Simcoe Comments Dated July 30, 2024 .�--= County of Simcoe Main Line(705)726-9300 �cxxn or Planning Department To'I Free(866)893-9300 cIMCOC'L 1110 Highway 26, Fax(706)727-4276 PLANNING 1 J `r�� Midhurst,Ontano L9X 1 N6 simcoe.ca /.:_ July 30,2024 VIA EMAIL Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South_ Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis, RE: Consent Application: 2024-B-12 Location: 253 Craig Sideroad. Oro-Medonte County File: OM-B-24010 Thank you for circulating the above-noted application to the County of Simcoe. County Planning staff understand that the applicant is proposing to sever lands for the purpose of the creation of a new residential lot. The details of the proposed consent are: Lands to be Severed: Approximately 1.04 ha(2.6 ac.)with a frontage of approximately 134.5 m(441.3 ft.) and a depth of approximately 77.0 n1(252.6 ft.), intended for residential use. Lands to be Retained: Approximately 44.4 ha (109.7 ac.)with a frontage of approximately 86.3 m (283A ft.)and a depth of approximately 748.2 m(2,454.7 ft.), intended for agricultural use. Planning Comments The subject lands are designated Greenlands and Rural on Schedule 5.1 - Land Use Designations of the Simcoe County Official Plan (SCOP). The proposed severed lot is located in the Rural designation. The retained lot is designated both Greenlands and Rural. Unevaluated and evaluated wetlands are located within the retained portion of the subject property.The retained portion of the subject property is regulated by the Nottawasaga Valley Conservation Authority (NVCA), therefore the NVCA should be consulted regarding their regulated lands. The Rural designation's objective is to recognize, preserve and protect the rural character and promote long-temi diversity and viability of rural economic activities. Policy 3.7.8 of the SCOP permits limited residential development to be created by consent -.vithin the Rural designation, provided the lots are restricted in size with an approximate maximum size of one hectare and that the number of lots on the gnd road system is restricted in order to maintain the rural character and road function and avoid step development. Strip development is defined as lot creation in the Rural designation, which is arranged in linear configurations of more than three non-fame lots within 200 n1 of the proposed lot line as measured along the frontage of one side of the road. Page 1 of 2 Development Services August 7, 2024 Report No. DS2024-096 Page 15 of 16 Page 113 of 221 6.c) 6.20 p.m. DS2O24-096, Catherine McCarroll, Senior Planner re, Conse... Policy 3.7.10 of the SCOP states that development in rural areas should wherever possible be designed and sited on a property to minimize adverse impacts on agriculture and to minimize any negative impact on significant natural heritage features and areas of cultural features. Section 2.3.3.3 of the PPS and Policy 3.3.14 of the SCOP require that all new land uses, including the creation of lots, shall comply with the appropriate Minimum Distance Separation Formulae, as prepared by the province. A Planning Justification Report was prepared in support of the application by Morgan Planning and Development Inc. dated June 26. 2024. The report states that the new lot has been limited to the minimum size needed to accommodate the residential use of the property, including the private septic system which services the dwelling (approximately 1 ha). The boundary of the proposed severed lot is located over 200 m away from the boundary of the wetland and therefore would not require a natural heritage evaluation. The retained lands will maintain the agricultural use and the identified natural heritage features on the property will remain protected from development_ The proposed severance will not be considered strip development as there are only two non-farm lots within 200 m of the proposed new lot line measured along the frontage of one side of the road.The proposed new lot complies with the Minimum Distance Separation (MDS) Formulae required by the province. Based on County staffs desktop evaluation, the proposed lot creation does not appear to create strip development and appears to comply with Policy 3.7.8 of the SCOP. The proposed lot is also approximately 1 hectare in area (1.04 hectares)which complies with Policy 3.7.8 of the SCOP. The County has no objection to the proposal in pnnciple subject to the application being evaluated based on the local municipal planning policy context. The County acknowledges that local planning policies may offer further direction about whether additional lot creation represents desirable rural character and can be considered locally appropriate. The Township should ensure that the new lot complies with the Minimum Distance Separation Formulae, as prepared by the province to be consistent with Policy 3.3.14 of the SCOP and Policy 1.1.5.8 of the Provincial Policy Statement,2020. Please circulate a copy of any future notices associated with this proposal to the attention of the County of Simcoe Planning Department via planning.notices(a simcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe Elizabeth Davis Planner II P: 705.726.9300 ext.1137 E: Eliza beth.davis(5simcoe.ca cc: Dan Amadio, Manager of Planning-County of Simcoe Kenneth McKay, Student Planning Assistant-County of Simcoe Page 2of2 Development Services August 7, 2024 Report No. DS2024-096 Page 16 of 16 Page 114 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... a w 1 x N L au!I N l III O ■� aui�_pNagJ — c� O {I I' — � I O1 �--� L co (� N o Q w Ucn M a M U . . . . LO . . 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L • eel r Page 125 of 221 a: 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Conse... 0 O () 0) `~ to U L O CV O 07 a) U >' 'p � U +r T (DN Z a) (n a) CO aon >-N � (n o o N L � a) a) Q L o � � � >� � += L � � � Via) O Ca N N cn '� cn � cn L ca � a) Z a) a) L 3: o �> O 0--ac- tea) o o4 °? )� Ua) � LLr L 0- o M M 0 0 � � ° � }' a) (, a) M U ° U CM O (= O � (n � 'r— Co a) CM 0 a) cn a) M _ Q 1— a) � ca > _r ca _r_ Q a) � a) O a) • • • • Page 126 of 221 6.c) 6.20 p.m. DS2024-096, Catherine McCarroll, Senior Planner re: Co e...z 9 �0, 2 J ZW a Q} J W a❑ Ira Z k V, • • ■ • y F s 'E 5 T � F a4 6.20 p.m. DS2024-096, Ca�rine McCarron, Senior Planner re: Conseco ... 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That Report No. DS2024-094 be received and adopted. 2. That Minor Variance Application 2024-A-39 by William Glover & Tammi Dean, specifically for permission to construct a single detached dwelling with a reduced setback of 14.7 metres (48.2 feet) from the top-of-bank of a slope that exceeds 33% in the rear yard/waterside of the property and to keep the existing garage, boathouse, and retaining walls prior to the construction of the new single detached dwelling, on lands municipally known as 121 Brambel Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-094. 3. The conditions are as follows: a) That notwithstanding Section 5.1.2 and Section 5.31, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the Applicant/Owners satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority (LSRCA) in accordance with the LSRCA's letter dated July 29, 2024; Development Services August 7, 2024 Report No. DS2024-094 Page 1 of 17 Page 135 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... d) That the Applicant/Owners 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; e) That the Applicant receives an approved Building Permit for the existing retaining walls prior to the issuance of the Building Permit for the single detached dwelling as per comments from the Chief Building Official dated July 26, 2024; f) 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 single detached dwelling is located no closer than 14.7 metres from the top-of- bank of the slope and no closer than 3.0 metres from the interior side lot line; g) That the appropriate Site Plan Approval, Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; and, h) That this Minor Variance approval shall expire after 4 years from the date of the Decision (expire after August 7, 2028). 4. And that the Applicant 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-39 with respect to a proposal to construct a single - detached dwelling. The subject property is located at 121 . Brambel Road within the southern portion of �+- po . the municipality along Lake Simcoe. The property has a lot area of 0.195 hectares Ac1 (0.481 acres) and contains the following stand-alone detached accessory building/structures: a detached garage, a retaining walls (with heights of more than 1.0 metres), and a two-story boathouse. The Owners of the subject property demolished the original single detached dwelling and built the retaining walls without Development Services August 7, 2024 Report No. DS2024-094 Page 2 of 17 Page 136 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... approved Building Permits in 2023, which resulted in the property's current non- complying status. The variance for the reduced setback from the top-of-bank of the slope is requested to recognize the site conditions that existed prior to the construction of the retaining walls erected by the applicants. The grading of the waterside property has been altered during the construction, and the original top-of-bank of the slope that exceeds 33% is the 227.50 metres contour line (as confirmed by the applicant, see Schedule 2: Applicant's Site Plan). Planning staff also note that the retaining walls and boathouse are not part of this application and are subject to future Planning review and Planning Act applications if required. The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The Owners of the subject lands have demolished the original dwelling, and the Applicant is now proposing to build a new single detached dwelling. The Applicant is seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.2 — Timing of Construction Required: Proposed: No detached accessory building or There is an existing garage, existing structure shall be erected on a lot prior to retaining walls, and an existing boathouse the erection of the main building on the to remain prior to the construction of the lot. new single detached dwelling. Section 5.31 — Setback from Slopes Required: Proposed: 23.0 metres (75.5 feet) 14.7 metres (48.22 feet) 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. Development Services August 7, 2024 Report No. DS2024-094 Page 3 of 17 Page 137 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Rural' 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 single detached dwellings. As per Section 4.4.3.3 of the Township's Official Plan, all lots that front on private roads shall be subject to Site Plan Control and be subject to a Holding Provision in the implementing Zoning By-law that prohibits the development of any new use or new or enlarged buildings and structures. The proposed Minor Variance application is a result of Planning Staff's review and comments on Site Plan Approval Application 2024-SPA- 04, given that Brambel Road is a private road. 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 comments dated July 29, 2024 (see Schedule 4), 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 variances conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential Limited Service Hold (RLS(H)) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings are permitted in the (RLS) Zone. The Holding Provision is placed on the property as it is located on a private road. As noted in the Official Plan section of this report, a Site Plan Approval application is required and has been submitted to the Township. Development Services August 7, 2024 Report No. DS2024-094 Page 4 of 17 Page 138 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... The original dwelling was demolished by the property Owners in 2023, and the Applicant is now proposing to build a new single detached dwelling; therefore, the Applicant is seeking relief from the Zoning By-law for permission to keep the existing garage, boathouse, and retaining walls prior to the construction of the new single detached dwelling and to construct the single detached dwelling with a reduced setback of 14.7 metres (48.2 feet) from the top-of-bank of a slope that exceeds 33% in the rear yard/waterside of the property. All other development standards of the Zoning By-law will be met. The general intent of Section 5.1.2 of the Zoning By-law— Timing of construction is to ensure the establishment of the principal use and erection of the main building of the lot prior to the erection of any accessory buildings and structures. Especially for the residentially-zoned lands to ensure that residential dwellings are the main building/use on lands in residential zones, so that such lands are not used for non-residential purposes such as storage or commercial uses. Additionally, the Zoning By-law prohibits human habitation in an accessory building or structure to ensure a building or structure not designed for residential purposes is not utilized for such a use for safety purposes. When the sole structure on a residential property is the non-dwelling, it could further encourage human habitation in detached accessory buildings. In Planning Staff's opinion, even though the Applicant is actively working towards obtaining the permits and constructing the new dwelling as soon as possible, in order to ensure that the three stand-alone accessory structures do not become a long-term or permanent use of the lands, it is necessary to impose a time limit on the variance. Planning Staff find a 5-year time frame to be reasonable and in alignment with the development charge credit for dwelling replacement (the development charge is applicable to the properties that construct a new dwelling 5 years after the demolition of the original dwelling). Since the original dwelling was demolished last year, staff is including a condition of approval for a 4-year time frame in the recommendation contained in this Staff Report (condition h)). Additional relief from the Zoning By-law is required regarding Section 5.31 of the Zoning By-law— Setback from Slopes. The general intent of the subject section is to ensure the stability of a slope for safety purposes for construction. Planning Staff rely on the technical knowledge and expertise of conservation authority staff to assess the protection of water resources and minimize or prevent the impact of natural hazards such as flooding, erosion and unstable slopes. In this case, the Lake Simcoe Region Conservation Authority (LSRCA) has advised that it is satisfied with the application from a natural heritage and hazard lands perspective given the Applicant has obtained a permit from the LSRCA for the proposed single detached dwelling. The Applicant has also provided a Slope Assessment report to the Township as a supporting study for this proposal. The report was reviewed and accepted by the LSRCA as shown on its permit No.OP.2024.011, dated April 3, 2024, for the Development Services August 7, 2024 Report No. DS2024-094 Page 5 of 17 Page 139 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... construction of the proposed dwelling (see Schedule 3: LSRCA Permit No. OP.2024.011). The Township's Manager of Development Engineering has verbally advised of no objection to the application. The Township's Chief Building Official has advised that the retaining walls will require a building permit prior to issuance of the permit for the proposed dwelling. Based on the above, that no objections to the reduced setback from the slope have been raised by relevant agencies and departments, the imposition of a 4-year time limitation, and the inclusion of a condition related to the issuance of the building permit; staff are of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law to ensure the health and safety of the property from potential natural hazards (slope stability) while considering the environment. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning staff noted that the existing retaining walls and boathouse are not visible from the road (see Schedule 5: Site Visit Photos - View looking from the Brambel Road and Existing Detached Garage). Also, the existing detached garage has been in place prior to 1989 (identified from the County of Simcoe GIS Interactive Map). Therefore, in Planning Staff's opinion, their existence as stand-alone structures do not significantly stand-out, look out of place or detract from the character of this established residential area. Planning Staff also noted that the current accessory structures and the proposed dwelling would have minimal impact on the adjacent landowners as there are two rows of mature cedar hedges along the two interior lot lines, which help screen the buildings from view. The location of the proposed dwelling is also in line with the neighbouring dwellings on both sides of the property. For these reasons, Planning Staff are of the opinion that the proposed variances would be desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of variances generally relates to its scale and impact. In Planning Staff's opinion, the proposed temporary stand-alone existence of the three detached accessory structures and the proposed single detached dwelling are not expected to negatively impact the character of the neighbourhood or detract from the use and enjoyment of surrounding properties. Development Services August 7, 2024 Report No. DS2024-094 Page 6 of 17 Page 140 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... 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 may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — no comments • Township Building — Although not subject to this application, the retaining wall constructed without the benefit of a permit will require a permit prior to issuance of the permit for the proposed dwelling. • Lake Simcoe Region Conservation Authority— See Schedule 4 Attachments Schedule 1: Location Map Schedule 2: Applicants' Site Plan Development Services August 7, 2024 Report No. DS2024-094 Page 7 of 17 Page 141 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 3: Lake Simcoe Region Conservation Authority (LSRCA) Permit No. OP.2024.011 Schedule 4: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated July 29, 2024 Schedule 5: Site Visit Photos - View looking from the Brambel Road and Existing Detached Garage Conclusion Planning Staff recommend that Minor Variance Application 2024-A-39 be approved, specifically for permission to construct a single detached dwelling with a reduced setback of 14.7 metres (48.2 feet) from the top-of-bank of a slope that exceeds 33% in the rear yard/waterside of the property and to keep the existing garage, boathouse, and retaining walls prior to the construction of the new single detached dwelling, 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, July 31, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 1, 2024 Brent Spagnol, RPP, Director, Development Services August 2, 2024 Development Services August 7, 2024 Report No. DS2024-094 Page 8 of 17 Page 142 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 1: Location Map 1327 OW wn.na.r, •`a�� uau na.w. 1503 V �' v a� c J 1453 50 1547 1206 126 100 88 72 62 52 114 1244 Bram6e/Rtl 44 32 2a -r---(1'VTj T5 97 8949 129 71� 55 47 37 25 9 Kempenfelt Bay Location ® Subject Lands Township f Prond Heritage,Exciting Fnture 0 loom File Number:2024-A-39 ti I i i i I Development Services August 7, 2024 Report No. DS2024-094 Page 9 of 17 Page 143 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 2: Applicants' Site Plan �o15 OF�� MW A _ r 0 krtt• �. m ewrs r ` , Haar ,v�....rii;,. '\ /�i \\ '.. o., �•" `\ ell- 'The retaining walls and boathouse are not subject Lx- to this application Site Plan Proud Heritage,h'-witiu,Q Future File Number: 2024-A-39 Development Services August 7, 2024 Report No. DS2024-094 Page 10 of 17 Page 144 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 3: Lake Simcoe Region Conservation Authority (LSRCA) Permit No. OP.2024.011 1 Lake Simcoe Region conservation authority vvwty.LSRCA.on.c a PMJIT NO.OP,_024.011 Date:April 3.2024 IN ACCORDANCE RTrH THE CONSERVATION ALTIHORIIIES ACT'%7D ONTARIO REGULATION 4124: Permar;s;on has been gramed to: Oaaun: Bi!1 Gover Applicant:Custom CADD Lac. 121 Brarnbel Rd Aaron Trieniana Oro-\ledorte.ON LOL_MO 99 Hooper Road-Unit 8 Barre,ON UN 9S3 Location: Lot 28.Corre::ion 4 121 Brambel Rd Taazlup of Olio-Mfedorte,County* of Simcoe Roll No.434601000S0S30100000 For the: construction of a new two-storey dwelling and the installation of a new sepric sostem a: :howv on plan"submitted and marked"approved"on the above property during the period of April 3.2014 to .Aptil3,2026 Subject to the fodoniug conditions: a)AL development sub;ect to ptvli-61,federal and Municipal statutes,regu:atiom and by-Law:. b)This pernut does not confer upon you any right to occupy.develop or flood lands owned by other pel-ons or ami cie:. c)The applicant must mainiaw and comity nzth the:oval drainage requirements of the municipality. d)This pen in is only yard provided that the cunent noun pennts tht:use and the development de=bed above e)That all area:of expo ed soli be:tabdized U=edrate:Y follawzng COM trutiot:. f)That sediment and ermion connoL-a:showy on the attached plan be ir-tal:ed prior to the a mnv_L ceenenr of am•work, o=ue. Silt comroE are to be inspected after even rin£a_event and maintarried until a_expo ed area:have been stabilized in order to prevent sit from leaving the ate or entering a%atercovn_e or water body. g)That no grading or placing of a::occur on the sot L-:cept what is recluued for the proposed works as�howv on the attached site plan. h)That the LSRCA be contacted prior to the start of the works and upon conap:epon of the works t)That the rec otn—d atroi-outlived in the'121 Brambe_Road_Oro-lvledorte.ON-Slope (dated\loch M 2024)prepared by\fIIRK Er3neeting Inc.be followed -NOTE The approved plans submitted with the appicaboa for this pert are hereby incorporated into and coastitate pan of this permit. .any coa>tracooa placement of fM or mterfereme with a watercourse or bode of slater otherwise than in accordance with sack plan.con-ttntes a breach of this permit which mac then be revoked at the option of the Authority.In addition.any person responsible for such activity i;liable to pro->ecaooi Lindcmmer \lumciaa:Building Departnnent Applicant LSRCA Emuoun,ennal Officer File Permit prepared by: \fat J.g. rres. Environmental Resalations Analvst Permit approved by, Ashlea Brown. Director.Development=ervues Page 1 of 3 12C Bayview Parkway T 905-895.1281 Newmarket,Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services August 7, 2024 Report No. DS2024-094 Page 11 of 17 Page 145 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re- Minor VarianceApplic... ''ref l' •, .,, �1 40 spi O®'r awm�CADQ.�"„'• I _ OwYnna Development Services August 7, 2024 Report No. DS2024-094 Page 12 of 17 Page 146 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 4: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated July 29, 2024 Lake Simcoe Region \ conservation authority www.LSRCA.o n.ca Sent via e-mail:planning@oro-medonte.ca July 29,2024 Municipal File No.:2024-A-39 LSRCA File No.:VA-479426-061224 Andy Karaiskakis Secretary Treasurer,Development Services 148 Line 7 South Township Oro-Medonte,Ontario LOL 2E0 Dear Andy, Re: Application for Minor Variance 121 Brambel Road Township of Oro-Medonte Owner:William Glover&Tammi Dean Applicant:Aaron Triemstra(Custom(ADD Inc. 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 demolish the existing detached dwelling and construct a new .The Applicant/Owner is seeking relief from the following section of the Township of Oro-Medonte Comprehensive Zoning By-law 97-95, as amended: • Relief from Section 5.1.2 of the By-law to allow for the accessory garage to be constructed prior to the detached dwelling unit. • Relief from Section 5.31 of the By-law to allow for the reduction of the minimum setback from a slope to 14.7 metres from 23 metres. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Public Notice(dated July 25) • Site Plan Package prepared by Custom CADD Inc.(dated April 9,2024) • Lot Grading Plan prepared by Capes Engineering(dated May 18,2024) • Geotechnical Investigation prepared by MERK Engineering(dated March 20,2024) • Application(dated July 2,2024) 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 August 7, 2024 Report No. DS2024-094 Page 13 of 17 Page 147 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region conservatior at&o-ty 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 1950 square metres acres (0.2 hectares) in land area and is located south of Brambel Road and west of Line 4 South within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is within the'Residential Limited Service zone(RLS) as per Schedule'Map 3'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 erosion and flood hazards associated with Lake Simcoe. Please see a detailed regulatory map below. Development Services August 7, 2024 Report No. DS2024-094 Page 14 of 17 Page 148 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region conser:atior ai&a-ty Page 3 of 4 121 Brambal Road,Regulation Mapping Fwtums ,Ae Smctc rrpoa ce.ya- '' r eem,..sre.0 .MaRWK R) •Iln. . ,�J,iVA/W1a+b J .fC� uasrnw+w�n `� ,.w..u.. L] HaR'+M veyab,w n,.e.� •� � C� WKOtNv.v C+'w v„WrV `� W Y`Jsavav Yml n�[�J I.fIS[vYaJ�a Ywlwd p` -9 -,- O M�UWa4aM11YMYO .MMsw�F I • Wlyd[u.o.ava. i X — latropaga•isu 74S'D)2� ,ram.w"iiao.o.. 41 a 21 al 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(floodplain&erosion hazard area associated with Lake Simcoe).Based 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. Development Services August 7, 2024 Report No. DS2024-094 Page 15 of 17 Page 149 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region Gan SFrvatlDr au'ho-iy Page 4 of 4 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. 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 Cake 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 applies to the subject site.A permit from the LSRCA will be required prior to any development taking place; 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.paynepIsrca.on.ca). Sincerely, Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services August 7, 2024 Report No. DS2024-094 Page 16 of 17 Page 150 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 5: Site Visit Photos -View looking from the Brambel Road and Existing Detached Garage 'rwe y. FI ,�*.ti'3.CVe E. �y.v,o-•�'. .,., ft C F .- �"�� ypyG 4-g T��yk;'.�3'''-(.A.�q(�E r —X� , t .a?`' v.t �.; � 'l.• `S+ Site Visit Photos - �� View looking from the Brambel Road and Existing Detached Garage Prond Heritage,Exciting Future File Number: 2024-A-39 Development Services August 7, 2024 Report No. DS2024-094 Page 17 of 17 Page 151 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... b _ CO N CL c� C: ,o O � O p !ir � U_ 0 J -a 06 � L Q > a� N _O L) c� U) M O a) > O� - FM O J — E t6 . C 2 G m C N a) U) C . . V) — 0O . . J a +� 0� R f+ r L , L J N I O t� Page 152 of 221 6.d 6.30 m. u �n__F, Planner re: Minor Variance Applic... p � - - 3- W •— �l a rr' U) o S :F p Z CO - •- Q � 41 O U O � � w -a 06 E m �\ t v [ 1 it c W O • l N C 75 U - W � ' Cz •L Li CO 5� OAW ��- 0 . ■— SJ age 153 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... `s f W �_ ox ^� 3 'y W E. i� aj .Q N CO U) c CO — U) a) c Q N a; � a� O ( o m N ^ }, ti 0) c o c c .X � X m V 0 N (1) C -a o6 En M U O N 0 Q - o U 1 o o CO ICI a) c O U o (� U) C� � m � O E a) m O �_ C.� Cn o O o E M O 4-0 o - C)- r` c 0 i � �_ o o t6 L C M �� j G 3: - �. ~ o O • � � I U) I O � O N � o .� Ln N M m '� M ti LO m m . L O +r O a) m a� E O a) a� Q T _ i m L E i Q. N U 5 V O •— N c� N a Q (D Cn � z can O U CO N Page 154 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re- Minor VarianceApplic... `s f W o x' o 3 'y E: V CO O "fill • 06 NO 8 d B€d[i ie63e! Cd U�1 r� gad v _ Cu Nft—/ r add � s c am Q d' a � Q cc ■� \ ;yf 0. CO \\\ N 0 0 CO 4r H M O � a a� U CL CL a Page 155 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... i v 4 Al 7 04 0 0 C'7 - — Q � Cv 0 m O 0 s YPu 54•':Y�� a- 'l •� o6 tx CU _O , CO 0 MO FP I 0 i 0 m 0 ti. Page 156 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... `s 04 G k t�" 4 I J CO ra 1 I ,f d0� � .� C LI " y� N L CN LU CO o6 CO z jl it AA++ i W mit� 4� 4-A qt� t x W1, 1 SS i 4 Page 157 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... `s n17 ` W CO �4 0 M t a T ` M`" N a 0 N e ca YTS W W .` CO o6 U �7 N _0 O 911 G 000 w 41' W Page 158 of 221 6.d) 6.30 p.m. DS2024-094, Yubing Fan, Planner re: Minor VarianceApplic... E o U) o O O L O a) ' w, Q aj m O -a - N I � S O_ m O O Q C) n3 x E O a) 0 U o N 3 a O O O U O O E: a) i U) a) fn Q) a) U O > M y L O O Q) E QO N •� O 0_ d a) U U � N O a) a) CO a)O O w >+ >, cn C L �O+ M C C L x a) ' C E O >O O -0 C- .O C 0 alit 7 ) L E O_ LJ) Q) (6 a) QO U) C) U O O Q O CM > U O — (n 4- c o m L N `� +J _ _ O Q U C C .0 0 M (n o C a) O E O O O ` O (L) O tB U U O O_ E QO U) a) O L .0 O O O s N a) "' � O a) O) E ,��( O n3 U w •� >, O o W �_ 0 �.J 0 >, N cn N O 0 0 O L U `- `� E a) >, O En0 c 0 E M O L -0 N E O U > U- o > Gn a) � Q) > w a) E O O i 0 't a) Q CID -0 > m L d E m a� U lO >j a) no O O_U O O- L O O C U O O O) O EL V U >+ 0) O O_ � O_ C: -0O O V;a FnO O � O a) O_ �� O m O L- rn Q m vJ Q O +� N -o x a) G� U) UJ— ns o Q U L 70 M >, �o = cn a) E L : c 0 W chi) C > r�- � > � M o NNE E "- J O `. QO O � Q - _� > CL o o a) o > o `� O E o QU) o U "= (n " U > O a a� O_ O 0 QO Q) �U > > O L Q) Q) L 0 0 � o 5 � O � O � m m � O. 0 m m ■yam �O Q O O L O L O J O Cu -0 M -0 T �rnrt0e ai En M 0 0 0 o c 0 > �rt+e U 3 Q � Q'�Q o a Q O ti 0 � a Q G� � 0 Q- a) = a) Q a) a) O_ m E Q o c 0 � U � n3 L � � o " a) L L O H O 0 U W r CV Page 159 of 221 A > sje MAil A -yp 11TO 71II ------------ II II f -4, ------------------------ 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... 4� Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: August 7, 2024 Report No.: DS2024-099 Subject: Minor Variance Application 2024-A-40, Matt & Jil Koller and Dave & Helen Noble, 885 15/16 Sideroad East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-099 be received and adopted. 2. That Minor Variance Application 2024-A-40 submitted by Matt & Jil Koller and Dave & Helen Noble, specifically to convert an existing 80.2 square metre (864.0 square feet) attached three bay garage into an apartment unit over two floors that is 101.8 square metres (1,096.8 square feet) in size, be approved subject to the following conditions: a) That notwithstanding Section 5.4 c) of Zoning By-law 97-95, as amended, the proposed secondary apartment unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) 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. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services August 7, 2024 Report No. DS2024-099 Page 1 of 8 Page 161 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Background -- - - The owners are proposing to convert their existing 80.2 square metre (864.0 square feet) attached three bay garage into an apartment unit over two floors that is 101.8 square metres (1,096.8 square feet) in size. The property is located at 885 15/16 Side Road East and is 0.41 hectares (1.0 acre) in size. Currently the property has a single detached dwelling (house) with an attached garage. It is surrounded by farmland. This aerial photo shows the subject property. The property is zoned Rural Residential Two (RUR2). A Zoning Map is attached as Schedule 1 to this report. Minor Variance Proposal The owners are seeking relief from Section 5.4 c) - maximum floor area for an accessory apartment unit under the provisions of Zoning By-law 97-95, as amended. The applicants' sketch is attached as Schedule 2 to this report and renovation drawings are attached as Schedule 3. The maximum floor area of an accessory apartment unit is as follows: Section 5.4 c Maximum Floor Area Required: Proposed: Maximum floor area for an apartment unit 101.8 square metres (1,096.8 square feet) accessory to single detached dwelling — 70.0 square metres 735.5 square feet Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Development Services August 7, 2024 Report No. DS2024-099 Page 2 of 8 Page 162 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan The subject lands are designated Agricultural under the Township Official Plan and the County Official Plan. County and Township Official Plans generally allow for the consideration of ancillary accessory uses on residential properties. Does the variance conform to the general intent and purpose of the Zoning By-law The subject property is zoned Agricultural/Rural (A/RU) under Township Zoning By-law 97-95, as amended. Under the (A/RU) Zone one accessory apartment dwelling is permitted in a single detached dwelling, subject to certain provisions (detached dwelling gross floor area, minimum and maximum apartment floor area, means of egress and size of window openings) The general intent of Zoning By-law provisions related to minimum single detached dwelling size and maximum accessory apartment unit size are to ensure that an accessory apartment unit remains subordinate to the main dwelling on the property. The main dwelling is 150.0 square metres (1,620.0 square feet) in size and the proposed apartment unit is 101.8 square metres (1,096.8 square feet). Planning staff is of the opinion that the floor area of the proposed accessory apartment unit is subordinate to the main dwelling unit on the property and maintains the general intent of By-law 97-95, as amended. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed variance in the context of the existing dwelling unit and attached garage and is satisfied that the proposed accessory apartment unit to be located in the existing garage is not out of character on the property. There is large asphalt area adjacent the existing garage for the parking of vehicles. The proposed entrance to the apartment unit fits with the character of the main dwelling unit. Based on the above, Staff is satisfied that the proposed accessory apartment unit could be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variance to the maximum floor area of an Development Services August 7, 2024 Report No. DS2024-099 Page 3 of 8 Page 163 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... accessory apartment unit located within a single detached dwelling is minor in nature and will not have any adverse impacts on the neighbouring rural 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 may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations Department— No comments • Township Building Department— No comments • Enbridge Gas — No objection Attachments Schedule 1: Zoning Map Schedule 2: Applicants' Sketch Schedule 3: Applicants' Drawings Development Services August 7, 2024 Report No. DS2024-099 Page 4 of 8 Page 164 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Conclusion Planning Staff recommends that Minor Variance Application 2024-A-40 be approved, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, July 31, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 2, 2024 Brent Spagnol, RPP, Director, Development Services August 2, 2024 Development Services August 7, 2024 Report No. DS2024-099 Page 5 of 8 Page 165 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Schedule 1: Zoning Map A/RU • EP A/RU d� C: /RU J � r �RUR2 16M69td•E' •� A/RU A/RU Existing Zoning a RUR2(Rural Residential Two) Subject Lands A/RU(Agricultural/Rural) 1oumslril,�J EP(Environmental Protection) Proud Heritage,Exciting Funny 0 100 m File Number.2024-A-40 IV l i r r l Development Services August 7, 2024 Report No. DS2024-099 Page 6 of 8 Page 166 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Schedule 2: Applicants' Sketch I. Exist.%:epuc :50 / 885151G Si7no.OE 130 m Development Services August 7, 2024 Report No. DS2024-099 Page 7 of 8 Page 167 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Schedule 3: Applicants' Drawings Garage First Floor ffd� V.M lw. or h?� 4 3� y o m it Garage Second Floor Qo " Development Services August 7, 2024 Report No. DS2024-099 Page 8 of 8 Page 168 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... w W .a o x' - L T Q N � O � N � OW ■_ N-6au�� - s Ca O O U z j 06 Q _O OO -� U •� o Q � L c > U) L � O C: ._ LO U '� C W 00 C a O • • J N O C� Page 169 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... �1 `s w w 4 1 f o � `v M i L 0 O ailCL III I II II 1 I I �1 L N i III O N _ O � 15 c) cc CL - N OLU cn 1 Cl N L O O a c� L � a� a Page 170 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... IZ- O 4-0 04 a OLOO �f +� N M x i �_ U) a N 3 c� Co Q O �= litO O 0 cn 00 U 0D O� O 0 QO i U C M lit � M = o N .x O 0 IN O CN O 0 :EN m O O N � M j E U O >' U _ Z U .� O Q Q 00 0L M � o O Q .� to T U O OL O � � � v Q O i L� .� M M N 00 > IL c!) + N 0 M :3 C Q E co M 0 •� 0 cn � Cn a� � U � M a) M U N � Q U u o m E m C/5 M Page 171 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... `s w 4 x E: O N O O W E 0 z e E 06 �d CL U C� `-0000 C� O C C: M a a� v) C M U CL CL a Page 172 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... w 12 -� e 3 O C) o G N (D O U - .� 06 CL N p c� CD 0 + ` o •L IC lL j m •_� U Q Q a � Page 173 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... w Flo x O i Q i N ` C > •�+ O c 06 O CD = w O I � L CU L O ■� G LL 13 CT O V �r N N 4 O (6 r - r ■- V ^� u�l CL u a � Page 174 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... `s 04 3 'y E: {qq r N O o Q O N O Ca O ,' .V Z r 06 Q O U O � fl u s 4 O r O O C � G ,A, O C� _ r Ln r Page 175 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... 04 ca f o x L ` i �i,ll II'' .• I W I I,III I Ii IU. I s O '+ II II��'i II II'li'� it V I'' a I�; I N O N O c� Z o .� 06 o Q O ' o U O c� > o — o � s f y II I II illl i il�'il IP f 1; O L O W Page 176 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... `s "" t f eL r Or ID = O O O � � i Q = O N a) O > N O O O U z 06 Q a� LM C� %%%-0000 LM - O Page 177 of 221 6.e) 6.40 p.m. DS2024-099, George Vadeboncoeur, Manager, Planning Specia... Ilk `s 04 16 (D Q U) C L Q (� N o .a O C .U) m O lit � o 'nm 1 Q � � U U litC U C U cn N E Q � O r N Q O M N ( L c d E c� - ^ - = o +� M o o U) O J U Q U V z ca '� _O U? .L �, —>' m L cn 06 m a mm -I.- o) E ) c Qc a �' —'' cm N ' LU C' 0o c C � CD- ) = = U) m (� `/ W O L 0 .� O O > ca U �2 C -0 C� rx .O U) o� m U N C N C O � o U) N O OL � ._ > M L �+ N O M O U M M � � 0- U) += Q O Q i >+ M O M Q Q) C O) = 6 7 E o M M U C M L M MO O O � cnN � a_ � U V M C Q) F- Q U) N Page 178 of 221 Ta) Deputation by Jim Graham, re: Update on Private/Public Partnership ... From: noreply@oro-medonte.ca <noreply@oro-medonte.ca> Sent: Friday,July 26, 2024 12:39 PM To: Participation <participation@oro-medonte.ca> Subject: Request for Public Participation Form Username: CF099BDE-5821-4414-944B-85785B461548 Numeric Response ID: 1170639 Response GUID: 4C41 AC39-45C4-4447-93E2-447BOEE5B72B Survey Start Date: Friday, 26 July 2024 11:20:26 Survey Completed Date: Friday, 26 July 2024 12:38:13 This is a Request to Present a Deputation (10 Minute Limit) am requesting participation to speak at the Council Meeting On the Date of (D D/M M/YYYY) 07/08/2024 regarding agenda item number e.g. 11a TBD will be participating on my own behalf Select method of attendance Please note that all registrations received to register either via Zoom or in-person,will receive a Zoom link. In-Person Contact Information Note: It is the responsibility of the participant to ensure that they have received consent for any third party information. Page 179 of 221 Ta) Deputation by Jim Graham, re: Update on Private/Public Partnership ... Name of Requestor Oro Medonte Community Environmental Center/TRY Recycling Address Email Phone Have you presented a deputation/presentation previously on this matter? Yes Subject of Deputation/Presentation Please describe below,the subject matter of the requested deputation/presentation in sufficient detail,to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation.Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. TRY Oro Medonte Community Environmental Center 1525 Line 7 North Update council and senior staff on the following: -apprise new council with ownership and experience of TRY Recycling-intent and history of this partnership -regulatory process's in place-next steps of parties to fulfill lease obligations I will be providing a: PowerPoint Presentation Please identify the type of action you are seeking of Council/Committee on this issue. No Action, e.g., an awareness of topic or organization If you are requesting action, have you been in contact with a staff member to seek a resolution with regard to this matter? Yes Who were you in contact with? George Vadeboncoeur Reason why this deputation/presentation is important to Council and to the municipality: A report is being prepared by staff for council to update and inform on history and process of lease with TRY Recycling to facilitate a materials recycling facility on specified lands at the municipally owned property on Line 7 North in Oro Medonte.TRY Recycling Inc would like to establish a timeline to finalize remaining obligations and updated regulatory requirements of the lease. I Acknowledge I have read and completed the required information Page 180 of 221 7.a) Deputation by Jim Graham, re: Update on Private/Public Partnership ... U ' J ~ - W LLI V H x W 4 5 7 o W � Q LL O 04 J O � 0 Lu � a � ~ z �- z 2 z w � Z a �� W � O a Qz — w O > z z o � I. OW Lf Page 181 of 221 7.a) Deputation by Jim Graham, re: Update,'qn /Public Partnership ... 4W }� r R. � 1 Ix�•y 0 a� o N O LLI J > O Qv) N O N O Q O 0 •` N O O O � O � O _ o O O U to s L) 0 2) O N O cn U M N L } z wow O � Page 182 of 221 7.a) Deputation by Jim Graha e rship ... eJ �� J cn z U 0) N LU j O z 0) < P: zoa z " X -j O Z U w 0 Z_ p 0 _j z 0 z a W a m � z - z Zz WdN 3 0 U= V0U � 0o U N cn W a a N � W N F- U W _ N rYF- zU V) LLI 0 { l r.1 'C W CD jet �p 4 "' y 221 7.a) Deputation by Jim Graham, re: Update on Private/Public Partnership ... � L ++ 2 O • U O Y • U1 v O n • O `u u y is +^+, c ^, n E ♦D v 0 v E V O 0 _ ♦ ♦ ` O d (Uv 'XU > 00 U j � 3 CD C L O Y dO ai O Q ++ 7 N N U NLn O o0 -01 0 L C o O o 0UN w >U o Oa U aO LL : U 0 U 0 a� 7 0 > 0' m 2 a L 0o M N04 U) Y 0 .0O � O +, O f6 YCQ 3 O L tA M L to o O CC a) o 3 U � V i L 0 � O OO d T C) O O o Ofn 0 v H O y o V w E O N � LO Q W (6 U Page 184 of 221 7.a) Deputation by Jim Graham, re: Update on Private/Public Partnership ... O O x ,w Ln t� C y- o a 1 N O y •3 N a ay u L °c zol3 ' �' a o 0. a� 04 y GpK� Vli •� cn > Q N a, >1 O s C� O i Q �rrp :3 v N N W z Ca a z J V V W Page 185 of 221 7.a) Deputation by Jim Graham, re: Update on Private/Public Partnership ... U) L O •cn � O > s 4 O }, Ln U_ Ln Ln Ln O .. }� � 0) � 0 O •; Q Q) .> .� Q E O O U a C3 ° L LI - > O — U U X > L Q - N � a 3 CY) O !E E LL LO O _O N i .i--+ W U O O O N 0 Q U U H� z Page 186 of 221 I:Ql a) Deputation by Jim Graham, re: Update on Private/Public Partnership ... C' W I.o a z o — G in O > 4-J 0 L O Q ^, 0 W a- W^^,, — U - 4-) 2 0 ,0 C � U — — O U O , U .� .Q O }' O Ln > EO Q U a) 4-j �' •� � U 0 U OE X O N C w 0 Q � O o O Q >1 Q O > O 'U W 4-1 O V� O '� •� E O O .0 O O V > 0 2 N 4, Q) O a U U O O O }, O Ln U . . U UN (n � L LL chi) � � U � O U w C: Q � w O . .> O O E 0 N E ri O p� � 0 E N - O N CO N .� N N N � O > > >, (D ( U Q � U NOa) � S 0 � E FLU .� N -0 w O O 0 � Page 187 of 221 7.a) Deputation by Jim Graham, re: Update on Private/Public Partnership661 ... F— C 2ZZ 0O L W CJ U p 'T ea W eN1 Z Y "' / 1 � 9f11� ItHt • I - lilt I l�. U N� 1 N � �` s ��< ,Oo N •o �' C �® N aoN c 3NIl Page 188 of 221 Ta) Deputation by Jim Graham, re: Update on Private/Public Partnership ... 1� •.aiYty f`.yj'. Y.y Y.lJ s �2 .O E > •QN � N U) O U N U 4 O Q Q — U — X Q = O .0 O O � O Q a U O , � O �O N C U OU ,0 0 0 � 0 .� 0 a NC3 t-� W > 0 Q O � 0 a 0- Q � • 9 Page 189 of 221 8.a) DS2024-093, George Vadeboncoeur, Manager, Planning Special Projects... L k Toumship of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: August 7, 2024 Report No.: DS2024-093 Subject: Information Report on the Status of the Try Recycling Site Plan Application No. 2016-SPA-14 Type: For Information Only Motion No.: Recommendation It is recommended: 1. That Information Report No. DS2024-093 be received. Background The Try Recycling (Barrie) (Try) construction and renovation waste collection and processing facility/transfer station (facility) is proposed to be located at the corner of Line 7 North and Old Barrie Road — Part of Lot 11, Concession 8, commonly referred to as the South Pit lands in Oro-Medonte (Township owned). The proposed facility was first discussed with Township officials in 2008. In 2008/2009 the concept evolved into a discussion about a public/private partnership between Township and Try, with the Township offering a site and Try operating the facility. Staff Report - DS2009-056 recommended approval of the required Official Plan and Zoning By-law Amendments to allow Try Recycling to establish a waste collection and disposal waste processing facility on a portion of the Township South Pit property. In 2016 Try made a presentation to Council about the proposed recycling facility and the Power Point presentation is here: Try Council Presentation. The facility is intended to process 40K to 50K tonnes of non-hazardous dry construction and renovation waste for reuse or disposal per year. The site is not intended to process household garbage or organic material. Development Services August 7, 2024 Report No. DS2024-093 Page 1 of 9 Page 190 of 221 8.a) DS2024-093, George Vadeboncoeur, Manager, Planning Special Projects... Subject Property t The Township property is generally outlined in W black on this image. It is 25.1 hectares (62 acres) in size and is currently licensed as Class A Category pit under the Aggregate Resources Act (ARA) by the Ontario Ministry 4 = of Natural Resources and Forestry and operated by the Township. The ARA license permits the extraction of 125,000 tonnes of aggregate per year. The site is currently Oak �► being used by the Township and houses some municipal works operations. The portion of the property outlined in red on the image is the land that Try would use for •LD B,PRRIE - - z f their recycling facility. It is 8.5 hectares (21 JI acres) in size. y :Y The property is accessed from Line 7 North. tv Trucks would enter the property and dump non-hazardous inert waste materials at designated spots. The waste would then be sorted into stockpiles of like material and then be loaded on to trucks and shipped to locations where it would be recycled or re-used. Re-Zoning and Lease The 2009 re-zoning of the property was subject to an OMB (now OLT) appeal. The zoning for the site was approved by the OMB and the minutes of settlement included several stipulations, including: • Hours of Operation were specified; • The requirement that Try enter into a Site Plan Agreement with the municipality to address issues such as lighting and noise; • Provision of an annual water quality monitoring report to the MOECP, Township and Appellants from on-site monitoring wells • The Appellants are to be provided a copy of the Site Plan for review/comment prior to a Township decision on the Site Plan application, and they be provided the opportunity to address Council on the proposed site plan and any conditions imposed. In June 2010, Council enacted By-law No. 2010-095 (later amended by By-law No. 2010-130 authorizing the Execution of a Lease Agreement between the Township and TRY. The Lease Agreement stipulates that Try is able to use 8.5 ha. of the South Pit property to operate a recycling collection, storage and processing facility for specific non-hazardous, and inert waste materials (construction wood, asphalt shingles, drywall and concrete). The site would be known as Oro-Medonte Community Environmental Development Services August 7, 2024 Report No. DS2024-093 Page 2 of 9 Page 191 of 221 Centre�OI0I � Thego�eraPfionasanfe bc�endo er�upp�errr�n �IPoathelos � ub�l Projects... Works facility and aggregate operation. The Lease Agreement also lays out provisions including compensation to the Township (Lessor) as well as the obligations and terms for both parties (the Lessor and the Lessee). Lease highlights are as follows: 1. Date Approved: June 9, 2010 2. Term: Initial term of five (5) years to commence once the thirteen (13) conditions in paragraph 33 of the lease have been satisfied, including, obtaining an Environmental Compliance Approval (ECA) from the Ministry of Environment, Conservation and Parks and entering into a site plan agreement with the Township. 3. Extension of Term: Provided the Lessee pays all tonnage rent due under the lease together with any additional rent; observes and performs its obligations under the lease and is not materially in default of any of its obligations, the Lessee shall have the irrevocable and noncancellable option to extend the Term of the Lease seven (7) terms of five (5) years each. 4. Lease Termination: There are several clauses in the lease pertaining to termination of the lease by the Lessee: a. In the event the Zoning By-law Amendment and Official Plan Amendment are approved by the OMB and the operation levels of the Lessee are not reduced below 55 hours per week and the materials for recycling acceptance are not reduced below 90,000 tonnes and the materials for recycling and to be sold are not below 75,000 tonnes per year and the amount of materials which may be stockpiled at anytime is not below 25,000 tonnes, the OMB decision will be deemed to be satisfactory to the Lessee for the purposes of this paragraph 33(g) 1 and Schedule 'B ". (No longer applicable) b. In the event the OMB decision does not approve the Zoning Bylaw and Official Plan and does not permit the operation levels required by the Lessee as noted above, each party is responsible for its own costs only and has no claim against the other. (No longer applicable) c. Following the issuance of the final decision and Order of the OMB related to any appeal of the Zoning By I-aw Amendment and/or Official Plan Amendment and following the expiry of any appeal or review period of the decision and Order, each party is to advise the other in writing, within fifteen (15) days of the expiry of such appeal or review periods, if it wishes to cancel this Lease. (No longer applicable) d. In the event that the Lessee or Lessor decides to cancel this Lease despite a satisfactory decision of the OMB, the canceling party shall be responsible for all of the other's costs as defined in Schedule 'B" hereto to a maximum amount of One Hundred Thousand Dollars ($100,000.00). The parties agree to comply with and acknowledge the terms of conditions of Schedule 'B" attached hereto regarding the provision of security for costs and the terms and conditions relating to the payment of costs (OP and Re-Zoning Appeal Costs). Development Services August 7, 2024 Report No. DS2024-093 Page 3 of 9 Page 192 of 221 8.a) DS�otw4th� ar9di�'ng r �foregoing�inq�e event ie� IBPIecnsion�s pecial Projects ... satisfactory and a Certificate of Approval cannot be obtained by the Lessee to permit its operations at the above noted levels, each party is responsible for its own costs only and has no claim against the other. f. In the event the OMB decision is satisfactory and a Certificate of Approval is obtained, each party is responsible for its own costs only and has no claim against the other and all terms of the Lease remain in effect. 5. Rent: To be paid to the Township on the basis of the amount of tonnage of recyclables removed from the leased lands as follows: i) During the Initial Term commencing on the commencement date referred to, the sum of One Dollar ($1.00) per tonne. ii) During the First Renewal Term, the sum of One Dollar and Twenty Five Cents ($1.25) per tonne. iii) During the Second Renewal Term, the sum of One Dollar and Fifty Cents ($1.50) per tonne. iv) During the Third Renewal Term, the sum of One Dollar and Seventy Five Cents ($1.75) per tonne. v) During the Fourth Renewal Term the sum of Two Dollars ($2.00)per tonne. vi) During the Fifth Renewal Term, the sum of Two Dollars and Twenty Five Cents ($2.25) per tonne. vii) If in any lease year during the Initial Term the tonnage rent paid to be based on the actual quantities of recycled materials removed from the leased lands does not exceed twenty-four thousand dollars ($24K), the Lessee shall pay any deficiency required so the Lessor shall receive a minimum annual tonnage rent of twenty-four thousand Dollars ($24K) during each lease year of the Initial Term. viii) The minimum annual tonnage rent for the various Renewal Terms shall be as follows: First Renewal Term $28,000,00. Second Renewal Term $32,000,00. Third Renewal Term $36,00,00. Fourth Renewal Term $40,000,00. Fifth Renewal Term $44,000.00. Sixth Renewal Term $48,000.00 Seventh Renewal Term $52,000.00. ix) If the amount of recyclable materials is less than the specified amount in any given year, the Lessor shall receive a credit in the amount of the difference, which can be used the following year. 6. Payment of Property Taxes: To be paid to the Township once operation commences Environmental Compliance Approval (ECA) In December 2011 Try Recycling (Barrie) Inc. applied for Environmental Compliance Approval for their proposed recycling facility with a number of supporting technical documents including: • Environmental Compliance Approval design specifications and drawings — Golder and Associates • Emission Summary and Dispersion Modelling Report— Golder Associates Development Services August 7, 2024 Report No. DS2024-093 Page 4 of 9 Page 193 of 221 8.M)PS20�4-0� George debon o ur Manager, Planning Special Projects... • rogeo ogica ssess nt eport— �ol�er Associa es • Stormwater Management Report and Updates — Golder Associates • Best Management Practices and Key Indicator Assessment— Golder Associates • Acoustic Assessment Report - Golder Associates • Surface Water Management and Site Operations Plan — Land Development Solutions Engineering Inc. • Information on lined stormwater pond, filtration and monitoring, stormwater trigger parameters for the operation and maintenance of the site, including updates — Land Development Solutions Engineering Inc. After extensive review by the Ministry of the Environment and Climate Change (now MECP) issued an Environmental Compliance Approval - Number 0501-A96KSD (ECA) to the named Parties (Owners) - Township of Oro-Medonte and TRY Recycling (Barrie) Inc. in July 2016. The ECA was challenged to the Environmental Review Tribunal by one of the appellants to the Zoning By-law and was dismissed.. With the ECA being in place, the applicant applied for site plan approval in August 2016. ECAs are only valid for a certain period of time. In 2021 Try applied for an extension and in early 2022 the MECP issued an "Amended Environmental Compliance Approval" for the site based on the 2011 submission and 2016 approval with an expiry of December 31, 2024. The ECA includes the following Terms and Conditions: • Items that can be processed and transferred: • construction & demolition waste; • leaf& yard waste; • white goods; • tires; • waste electronics and electrical equipment; • excess soil (max 80 cubic metres from a single site, total stock piled not to exceed 800 cubic metres)**(this was added to the amended ECA) • Requirement to obtain site plan approval, Fire Department approval and Building Permit approval; • Owner and Operator required to take steps to minimize and ameliorate any adverse effects on the natural environment or impairment of water quality resulting from the site; • Approval of equipment to be used for the sorting, grinding, screening, crushing and stock piling operations; • Approval of stormwater management facilities (3) for site; • Maximum of 1,900 tonnes per day of waste can be received; • Maximum of 123,000 tonnes of waste can be on site per day; • Maximum amount of residual waste that can be transferred from the site for disposal not to exceed 365,000 tonnes per year; • The addition of applicable soil regulations (presumably replacing Table 2 soil standards regulations)** (added to the amended ECA) • Monitoring program for various facets of the operation, including groundwater monitoring; Development Services August 7, 2024 Report No. DS2024-093 Page 5 of 9 Page 194 of 221 8.�� DS2024-093 George Vadeboncoeur, Manager, Planning Special Projects... • isance control rheasur ; • Complaint handling protocol; • Must have a Spill Prevention, Control and Countermeasure Plan, Fire Safety Plan and a Closure plan in place; • File with the Ministry and the Township an Annual Report on Operations • Parties are required to provide Financial Assurance to the Ministry to ensure proper operation under the ECA and closure of the site; • Additional provisions regarding waste soil including the addition of applicable soil regulations; • Site to be constructed by December 31, 2024. The ECA must be renewed by December 31, 2024, or it expires. If it expires, a new public process will be required prior to a new ECA being issued for the proposed operation. Try intends to apply for a renewal, which, barring any major changes, is considered an administrative process by MECP, not requiring a public process. Any type of amendment would require Township acknowledgement and approval as both the municipal authority and "owner" on the ECA. Direction from Council will be sought on this matter at a future meeting. Site Plan Application In August 2016 Try applied for Site Plan approval. The application was circulated and comments from Township staff and various agencies were received. Several requirements were identified and some are addressed in the ECA. The proposed site plan is attached to this report. Site Plan highlights are as follows: • Access off Line 7 North using existing access to the property Note: Line 7 North is now under the jurisdictional of the County of Simcoe; • Gravel internal lanes; • Trucks come into the site, get weighed and then proceed to dump their loads at the receiving area and return to the weigh station and leave; • One office building near entrance to site and weigh station; • Asphalt surfaces for mixed materials receiving area and materials processing area graded in a manner so that liquids stay on the asphalt. Other areas on the site graded to direct surface water to infiltration ponds or ditches. Intersceptor swales around perimeter of asphalt area to catch any liquid that accidently spills off the asphalt surface; • Surface drainage from each asphalt area directed to catch basins connected to individual (x2) "Jelly Fish Storm Filtration systems" each with 768 kg sediment holding capacity and 2,302 L oil retention capacity that outlets to an impermeable geotextile lined observation pond that discharges via pipes to infiltration basins with capacity for 1:100 year storm event. Observation pools monitored monthly (April to Nov.) and after a rainfall event. Infiltration ponds monitored quarterly and after a rainfall event, based on MECP protocols and procedures for sampling and analysis (as per ECA); • Three monitoring wells on site (monitored annually) (as per ECA); • Existing vegetation around perimeter to remain. Development Services August 7, 2024 Report No. DS2024-093 Page 6 of 9 Page 195 of 221 8.a) DS2024-093, George Vadeboncoeur, Manager, Planning Special Projects... A draft Site Plan Agreement (SPA) under the authority of the Planning Act has been prepared to address matters of interest to the Township and outside agencies. Try acknowledges the need for a Site Plan Agreement and has commented on earlier drafts. Try has requested that any duplication between the SPA and ECA be minimized and that the required securities be reduced as MECP requires financial assurance. Try representatives are in regular contact with staff and wish to finalize the SPA as soon as possible, however, the parties have yet to agree on all terms/conditions. Pursuant to the OMB decision on the re-zoning of the property, the Township has an obligation to circulate the draft agreement to the appellants prior to a Council decision and ensure the appellants have an opportunity to address Council on the SPA and any conditions being imposed. In order for the Agreement to be finalized, the following is required: 1) Terms and conditions to be finalized and agreed upon by both parties 2) Any other matters that may be required by other agencies i.e. Line 7 North turning lane agreed to. 3) Financial terms need to be settled 4) Any comments from the appellants and Council through Development Services Committee Financial/Legal Implications/Risk Management The Township has a lease agreement with Try for the operation of a non-hazardous materials recycling facility on 8.5 hectares of Township land. The Township and Try have an approved ECA that expires on December 31, 2024, if work on the site has not been completed. Township staff are anticipating a request to extend the term of the ECA. Try is requesting the Township to finalize a Site Plan Agreement for the subject property. Policies/Legislation • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law • Environmental Protection Act Consultations • Chief Administrative Officer • Director, Development Services • Director, Environmental Services • Manager, Development Engineering • Manager, Planning Services • Manager, Infrastructure and Capital Projects Attachments Schedule 1: Draft Site Plan Development Services August 7, 2024 Report No. DS2024-093 Page 7 of 9 Page 196 of 221 8.a) DS2024-093, George Vadeboncoeur, Manager, Planning Special Projects... Conclusion This is a legacy site plan file that dates back to 2016 when the site plan application was submitted following Council approval of the lease in 2010. A draft Site Plan Agreement has been prepared and staff are in discussions with Try on the Agreement to ensure the Township's and outside agency requirements met, Once the Township and Try have settled the Agreement, it will be subject to review by the appellants to the Zoning By-law and Development Services Committee. It does not appear likely that works on the site will be constructed by the end 2024, in accordance with the terms of the ECA and an extension will be required. Staff will seek direction from Council at a future meeting on the extension to the ECA. Respectfully submitted; George Vadeboncoeur, RPP, Manager, Planning Special Projects July 26, 2024 Approvals: Date: Shawn Binns, CAO Aug. 1, 2024 Brent Spagnol, Director, Development Services July 26, 2024 Kamil Burdyna, Manager of Development Engineering July 26, 2024 Michelle Jakobi, Director, Environmental Services July 30, 2024 Development Services August 7, 2024 Report No. DS2024-093 Page 8 of 9 Page 197 of 221 ScheduYe'IS�Oa24SQ 3pQeorge Vadeboncoeur, Manager, Planning Special Projects... Lima 1 "On 00 i} IN\ aT — I t I , _ '011 1 We 7 _ wm MD m Development Services August 7, 2024 Report No. DS2024-093 Page 9 of 9 Page 198 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... �� Tc oh- )f Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: August 7, 2024 Report No.: DS2024-098 Subject: Zoning By-law Amendment Application 2024-ZBA-05, Gayle Andrews 10087 Highway 12 Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-098 regarding Zoning By-law Amendment Application 2024- ZBA-05 be received and adopted. 2. Subject to the comments received through the public notification process, that Zoning By-law Amendment Application 2024-ZBA-05, with respect to lands located at the West Part Lot 8, Concession 14, Township of Oro-Medonte (formerly Medonte, County of Simcoe) be approved to rezone lands from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 359 (A/RU*359) Zone, for the purpose of permitting a detached accessory garage with a second- floor apartment unit. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. And that the applicant be advised of the decision under the Director, Development Services signature. Development Services August 7, 2024 Report No. DS2024-098 Page 1 of 14 Page 199 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Background The applicant is proposing to construct a new 233.2 square metre (2,510.0 square foot) accessory building with a height of 6.5 metres (21.5 feet) that contains a 116.5 square metre (1,254.0 square foot) second floor apartment unit along with a 48.8 square metre (525.0 square foot) main level garage (total apartment floor area 165.4 square metres (1,780.0 square feet)) on a property known municipally as 10087 Highway 12. The subject lands are located in a rural area just northwest of Warminster and are serviced by a private well and sewage system. There is an existing house, barn and three accessory buildings of varying size on the 39.25 hectare (97.0 acre) property. i The property has one circular driveway that provides access to the existing single detached dwelling and then extends to provide access to the accessory buildings. There is ample space for parking along the driveway. -- An aerial photo of the property is shown here and attached Schedule 1. The applicant requires an amendment to Aerial the Agricultural/Rural (A/RU) Zone to os"b tt`a°d` ' .... ""��' permit a 165.4 square metres (1,780.0 square feet) apartment located on the second floor of a proposed new detached accessory building that has a height of 6.5 metres (21.5 feet). The proposed structure exceeds the maximum height for a detached accessory building, maximum floor area for an apartment unit, and the restriction that an apartment is not permitted in an accessory building under the current provisions of Zoning By-law 97-95, as amended. The applicant's sketch is attached as Schedule 3 to this report and elevation drawings and floor plans are attached as Schedules 4 and 5. Sections 5.1.1, 5.1.4, 5.1.6, 5.4 and 5.4 (c) of the Zoning By-law are provisions dealing with accessory buildings and residential uses in an accessory building that are impacted by this application and will be subject to the amendment. Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Required: Proposed: Not to be used for human habitation. Proposed to contain an apartment dwelling unit. Development Services August 7, 2024 Report No. DS2024-098 Page 2 of 14 Page 200 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Section 5.1.4 Maximum Height Required: Proposed: Maximum height for a detached garage — 6.5 metres (21.5 feet) 4.5 metres 14.7 feet Section 5.1.6 Maximum Floor Area Required: Proposed: Maximum floor area for a detached garage First floor: 116.5 square metres (1,253.9 - 100 square metres (1,076.4 square feet) square feet) Second floor: 116.5 square metres (1,253.9 square feet) Total: 233.0 square metres (2,507.8 square feet) Section 5.4 —Apartment Dwelling Units Ac essory to a Single Detached Dwelling Required: Proposed: Permitted in a single detached dwelling. Proposed to be located in a detached accessory building. Section 5.4 c - Maximum Floor Area of an Apartment Dwelling Unit Required: Proposed: 70.0 square metres 753.5 square feet 165.4 square metres 1,780.0 square feet Analysis Planning Act, R.S.O. 1990, c. P.13 On November 28, 2022, Bill 23 received Royal Assent. This piece of legislation referred to as the More Homes Built Faster Act, 2022, amended the Planning Act and other provincial legislation with the intent to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans, was amended with the following new policies to permit gentle density/intensification: "Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, c) one residential unit in a building or structure ancillary to a detached house... Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), or (3.2)". Provincial Planning Policies Development Services August 7, 2024 Report No. DS2024-098 Page 3 of 14 Page 201 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Provincial Policy Statement (PPS) 2020 Provincial Policies Provincial Policy Statement (PPS) 2020 provides policy direction on matters of Provincial interest related to land use planning and development. With respect to housing, the Statement contains policies for managing and directing land use to achieve efficient and resilient development and land use patterns. It states, "Healthy, liveable and safe communities are sustained by: ... (b) accommodating an appropriate affordable and market-based range and mix of residential types (including single- detached, additional residential units, multi-unit housing, affordable housing and housing for older persons)...". The proposed apartment dwelling unit adds to the range of housing options in the municipality. These policies support limited residential development as well as development that is compatible with the rural landscape. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The intent of the Growth Plan is to support the achievement of complete communities that "provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes". It goes on to state that new multiple lots or units for residential development will be directed to settlement areas but may be allowed on rural land in site-specific locations with approved zoning or designation in an official plan. The apartment dwelling unit helps contribute to providing a diverse range of housing options in the area. Planning Staff is of the opinion that the proposed zoning amendment to permit an apartment unit in a detached accessory building on a rural property is consistent with the policies in the Provincial Policy Statement and the Growth Plan, as it will not impact the rural landscape and surrounding rural land uses. County and Township Official Plans The subject lands are designated "Rural" under the Township and County Official Plans. The goals of the "Rural" designation include preserving and promoting the rural character of the Township and preventing the intrusion of land uses that are incompatible. Development Services August 7, 2024 Report No. DS2024-098 Page 4 of 14 Page 202 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... The existing house and accessory buildings are located on a 39.25-hectare (97 acre) parcel of land. The applicant is proposing to construct a three-bay garage on the property with an apartment on the second floor. Staff reviewed the proposal to construct a new accessory building (garage) with a second storey apartment, in the context of provincial policies which promote additional housing units in accessory/ancillary buildings to help address the province's housing shortage. Staff are of the opinion that the apartment unit conforms to the intent and purpose of provincial, County and Town policies. Zoning By-law. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main use of the lot; and to prevent over- development on the property that would detract from the character of the area. The building is a size that can be easily accommodated on the property, all setbacks can be complied with, and is similar in style to buildings typically located within rural areas. The building is proposed to be setback 38.1 metres (125.0 feet) from the road. MPAC data indicates that the home on the property is 422.4 square metres (4,547.0 square feet) in size. The proposed accessory building is 233.0 square metres (2,507.8 square feet) over two storeys; the footprint of the building is 116.5 square metres (1,253.9 square feet). The accessory building's smaller size and its' location setback from the road will ensure that it will remain secondary to the primary residential use. The inclusion of the additional residential unit does not deter or compete with the main house on the property as it is contained within the footprint of the proposed accessory building which is smaller than the house. As the proposed re-zoning is considered to conform to the general intent of the Official Plan, to meet the general intent of the (A/RU) Zone, 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, staff recommend that the re-zoning be approved. 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 Development Services August 7, 2024 Report No. DS2024-098 Page 5 of 14 Page 203 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... • 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—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 Department— No comments • Township Building Department— Permit will be required for building and septic system • Bell Canada — no comments • Enbridge Gas — no objection Attachments Schedule 1: Air Photo Schedule 2: Existing Zoning Schedule 3: Applicant's Sketch Schedule 4: Elevation Drawings Schedule 5: Floor Plans Schedule 6: Proposed Zoning By-law Amendment Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2024-ZBA-05 be approved, on the basis that the proposed site-specific amendments to the A/RU Zone would permit the construction of three bay accessory building (garage) with a second-floor apartment unit is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, July 31, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services August 1, 2024 Brent Spagnol, RPP, Director, Development Services August 2, 2024 Development Services August 7, 2024 Report No. DS2024-098 Page 6 of 14 Page 204 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 1: Air Photo riegy,W, pd& ge.E k 1 T k. Q�Ie. ,E Aerial Q Of, oii Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2024-ZBA-05 ti l i i l Development Services August 7, 2024 Report No. DS2024-098 Page 7 of 14 Page 205 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 2: Existing Zoning r..rw 'II a M ii 1 ,12 AJRU ' AJRU ' RUR2j_RUR2 ' O G1 I 1 1 1 1 �_ I I Existing Zoning JW ' RUR2(Rural Residential Two) ` Subject Lands GC(General Comnwcjal) ) [ NRU(Agricultur.*Rural) �''//40 /41t/(I/11(' 0 100 m File Number,202J2BA-05 4, I Development Services August 7, 2024 Report No. DS2024-098 Page 8 of 14 Page 206 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 3: Applicant's Site Plan Sketch EY7ii1,G E.Y.3+AJ ry-I n15'GifKt BILCR,G Sf AGG 1 E©4£C EK.G�IEG EY Aft c� K.CES:ORt e:,:K. ^'X.700 aGu. eR X. S15' Ft . �C PFPm.lam F Ef ~' - HVA'KwAY 17 Development Services August 7, 2024 Report No. DS2024-098 Page 9 of 14 Page 207 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 4: Elevation Drawings Elevations East Elevation 0 L---- 0 0 � 0 0 � � 0 0 0 North Elevation West Elevation South Elevation rw war MGOF Development Services August 7, 2024 Report No. DS2024-098 Page 10 of 14 Page 208 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 5: Floor Plans Main Floor - Garage r lo' 14'-( ' N � 96x96x6. ,y sm PO51 - 2� i2'-24 z'-z4 1A-07'.' FNWtMrMAM Second Floor— Apartment 10 sicruc� 6MAf ROOM —8CY'celegMe�t _i 8 uO-Mfe�it 1 4,.i71• 4.11 j WH.K•N5,05" 18'ce6�kt�t EMW Aff-A � _u6q Mai t MASTER&MM O 1S_4 ,CD E]I I — -- FR Development Services August 7, 2024 Report No. DS2024-098 Page 11 of 14 Page 209 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 6: Proposed Zoning By-law Amendment The Corporation of the Township of Oro-Medonte By-Law No. 2024-079 A By-law to amend the zoning provisions which apply to lands at Part of Lot 8, Concession 14, Geographic Township of Medonte, Township of Oro-Medonte 2024-ZBA-05 (Andrews) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A21' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in the West Part Lot 8, Concession 14, (Medonte), Township of Oro-Medonte, from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 359 (A/RU*359) Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7 — Exception of Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsections: 7.359 *359 West Part Lot 8, Concession 14 (Medonte), Township of Oro- Medonte (Andrews) Notwithstanding "Section 5.1.1 — Uses Permitted in Detached Accessory Buildings and Structures", on the date of passing of this By-law a single apartment dwelling unit is permitted on the second floor of a detached accessory building on the lands denoted by the symbol *359 on the schedule to this By-law. Notwithstanding "Section 5.1.4 — Maximum Height' and "Section 5.1.6 — Maximum Floor Area", on the date of passing of this By-law a detached accessory building with a maximum height of 6.5 metres (21.5 feet) and a maximum floor area of 233.2 square metres (2,510.0 square feet) is permitted on the lands denoted by the symbol *359 on the schedule to this By-law. Notwithstanding "Section 5.4 — Apartment Dwelling Units Accessory to a Single Detached Dwelling" and "Section 5.4(c) Maximum Floor Area of an Apartment Dwelling Unit", on the date of passing of this By-law, a single Development Services August 7, 2024 Report No. DS2024-098 Page 12 of 14 Page 210 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... apartment dwelling unit that is 165.4 square metres (1,780.0 square feet) in size is permitted to be located in a detached accessory building on the lands denoted by the symbol *359 on the schedule to this By-law. 3. Schedule "A" attached to By-law No. 2024-079 is declared to form a part of this By- law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 7t" Day of August, 2024. The Corporation of the Township Of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services August 7, 2024 Report No. DS2024-098 Page 13 of 14 Page 211 of 221 8.b) DS2024-098, George Vadeboncoeur, Manager, Planning, Special Project... Schedule 'A' To By-Law No. 2024-079 for The Corporation of the Township of Oro-Medonte 4 N 0 CD 0 U 12 ® Lands Rezoned From Agricultural/Rural Zone to Agricultural/Rural Exception (A/RU*359) Zone This is Schedule 'A' to By-Law 2024-079 passed the 7t" day of August, 2024. The Corporation of the Township of Oro-Medonte Mayor, R. Greenlaw Clerk, Yvonne Aubichon (Application 2024-ZBA-05) Development Services August 7, 2024 Report No. DS2024-098 Page 14 of 14 Page 212 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: August 7, 2024 Report No: DS2024-101 Subject: Minor Variance Application 2024-A-29, Foad & Esther Sabet, 15 Georgina Drive Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2024-101 be received and adopted. 2. That Minor Variance Application 2024-A-29 by Foad & Esther Sabet specifically to install an inground swimming pool with a reduced setback from the average highwater mark of Lake Simcoe of 15.0 metres (49.2 feet) on lands municipally known as 15 Georgina Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-101. 3. The conditions are as follows: a) That notwithstanding Section 5.34 (c) of Zoning By-law 97-95, the proposed inground swimming pool shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that: Development Services August 7, 2024 Report No. DS2024-101 Page 1 of 9 Page 213 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... i. the inground swimming pool is no closer than 15.0 metres (49.2 feet) from the average highwater mark of Lake Simcoe; and, ii. the inground swimming pool is no closer than 6.0 metres (19.6 feet) from the established top-of-bank. d) That a permit from the Lake Simcoe Region Conservation Authority be required to be applied for prior to any development or site alteration taking place on the subject lands. Further, a Planting Plan prepared to the satisfaction of the LSRCA is required; e) That the appropriate Pool Fence 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, f) That the applicant maintains and preserves the existing vegetative buffer on the interior side lot lines, or replace with a similar vegetative buffer if destroyed. 4. That Minor Variance Application 2024-A-29 by Foad & Esther Sabet specifically to install an inground swimming pool with a reduced interior side yard setback of 1.2 metres (3.9 feet) be denied as the reduced setback to the east interior side lot line has the potential to damage the root system of the red oak tree located on the abutting property at 13 Georgina Drive. 5. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of the report is to provide information and a staff recommendation for minor variance application 2024-A- 29 with respect to a proposal to construct an inground swimming pool to be located between the existing dwelling wu and Lake Simcoe. ' The subject property has a lot area of Bame Terrace 0.27 hectares (0.68 acres) and currently consists of a single detached dwelling. Surrounding land uses consist of single , detached dwellings to the east and west, Barrie Terrace to the north and Lake Simcoe to the south. This Minor Variance application 2024-A- 29 was considered at the June 5, 2024 Development Services Committee and was deferred to provide the applicants 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. Development Services August 7, 2024 Report No. DS2024-101 Page 2 of 9 Page 214 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... The applicants have submitted an arborist report in support of the application to the Township. In addition, the abutting property owner at 13 Georgina Drive has also submitted an arborist report to assess a tree on their property and provided an opinion on anticipated construction impacts to the tree. Minor Variance Proposal The applicants are proposing to install an inground swimming pool and are seeking relief to the following sections of Zoning By-law 97-95, as amended: Section 5.34 (b) — Minimum Interior Side Yard Setback for Swimming Pools Required: Proposed: 2.0 metres 6.5 feet 1.2 metres 3.9 feet Section 5.34 (c) — Minimum Setback from the Average High Water Mark of Lake Simcoe Required: Proposed: 20.0 metres (65.6 feet) 15.0 metres (49.2 feet) Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff received comments from the LSRCA and advise that upon review of the final slope stability assessment, LSRCA staff are satisfied that conformity with Section 3.1 of the Provincial Policy Statement has been demonstrated and that concerns identified surrounding erosion hazard have been sufficiently addressed. The LSRCA recommend approval of the application with the condition that the applicant obtain an LSRCA permit and that a planting plan be submitted by the owner prior to the permit being issued. Four Tests-Planning Act Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services August 7, 2024 Report No. DS2024-101 Page 3 of 9 Page 215 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings and by extension, accessory buildings/structures including swimming pools. Therefore, based on the above, the requested variances conform to the general intent and purpose of the Official Plan as the proposed structure is accessory to main shoreline residential use. Do the variances conform to the general intent and purpose of the Zoning By-law? The minimum required setback from Lake Simcoe is intended to provide a buffer between structures and the shoreline that helps to protect structures from flooding, erosion and ice pile-up, as well provides space for a landscaped and/or naturally vegetated buffer which helps to mitigate impacts on Lake Simcoe. While the Zoning By- law requires a minimum setback of 20 metres from the average high-water mark, the proposed inground swimming pool is to be setback 15.0 metres, which is consistent with the LSRCA's 15.0 metre setback requirement. Comments received from the LSRCA indicate that LSRCA Staff are satisfied with the applicant's final slope stability assessment and that conformity with Section 3.1 of the Provincial Policy Statement has been demonstrated and that concerns identified surrounding erosion hazard have been sufficiently addressed. The Township's Zoning By-law also requires a minimum required setback of 23 metres from the top-of-bank of a slope or embankment that exceeds 33%. If the slope is located in a Registered Plan of Subdivision where the overall lot grading of the subdivision and associated geotechnical or slope stability report has been approved by the Township Engineer and applicable Conservation Authority, the 23 metre setback from the top-of-bank of a slope that exceeds 33% does not apply. In these situations, all buildings or structures shall be setback a minimum of 6.0 metres (19.6 feet) from the established top-of-bank as approved by the Township and Conservation Authority. As noted in the preceding section of this report, the LSRCA reviewed the applicant's final slope stability assessment and advised that previous concerns identified surrounding erosion hazard have been sufficiently addressed. As a result, the proposed swimming pool setback of 6.0 metres (19.6 feet) from the established top-of-bank would comply with the Zoning By-law. The general intent of the Zoning By-law in requiring the minimum setback from the interior side lot line is to ensure access around a structure for maintenance purposes. The applicant prepared an arborist report prepared by Wes' Tree Service which indicated that the red oak trees located on the neighbours property at 13 Georgina Drive will suffer root damage if the pool is installed where proposed. As noted in the arborist report: "Excavation of this much of the root zone will not only cause the trees to go into a major state of decline but will affect the stability of the trees in its entirety and could result in the tree uprooting in an adverse weather event." The arborist report observed that these trees Development Services August 7, 2024 Report No. DS2024-101 Page 4 of 9 Page 216 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... do not display signs of root stress or conductive tissue issues; however there is one tree that does show signs of decay in the upper canopy that will continue to deteriorate over time. The arborist report concluded that if the pool construction is to take place, it is recommended to remove the tree beforehand to mitigate the risk of tree failure after excavation or eventual tree death as a result of root damage. The neighbours arborist report prepared by Kuntz Forestry Consulting indicated that there is a high risk or critical injury to the red oak tree of concern by the neighbour if the pool were to be installed as proposed. The arborist recommended that the pool be relocated to ensure the tree can be maintained safely into the future and that injury avoidance and mitigation measures are implemented to ensure impacts to the other trees are minimal as a result of conclusion. The two arborist reports have been peer reviewed by the Township consultant who agrees with both arborist reports; the pool excavation would significantly affect the root zone of the large red oak tree located on the neighbouring property at 13 Georgina Drive. In addition, the peer review agreed with the minimum tree protection zone presented in the Kuntz Forestry report. Based on the above, Planning Staff cannot support the reduction to the interior side yard setback and is of the opinion that the applicant should adhere to the 2.0 metre setback to minimize root damage to the red oak tree on the neighbouring property. Are the variances desirable for the appropriate development of the lot? The swimming pool is proposed to be located approximately 7.0 metres (23.0 feet) from the erosion hazard limit of the shoreline steep slope. Given the supportive comments from the Lake Simcoe Region Conservation Authority, Planning Staff are recommending support of the applicant's request for a reduced setback to the average highwater mark of Lake Simcoe of 15.0 metres (49.2 feet) as this variance would be considered desirable for the appropriate development of the lot. Planning Staff, however, cannot support the reduced interior side yard setback for the reasons outline in the preceding sections and are of the opinion that the reduced interior side yard setback would not be 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 setback to the average highwater mark of Lake Simcoe is minor in nature as it is not anticipated to have any adverse impacts on the neighouring properties or on the natural heritage features. However, the requested setback to the interior side yard has the potential to cause adverse impacts on the neighbouring property, that being the potential to cause critical injury to a red oak tree. For this reason, the requested setback to the interior side yard is not considered to be minor. Development Services August 7, 2024 Report No. DS2024-101 Page 5 of 9 Page 217 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... Financial/Legal Implications/ Risk Management Potential financial and legal implications may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — no comment • Township Building Division — no comment • Lake Simcoe Region Conservation Authority— refer to Schedule 3 Relevant Information/Reports • Development Services Staff Report dated June 5, 2024 Link to Report Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Conclusion Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2024-A-29 to permit the construction of an inground swimming pool with a reduced Development Services August 7, 2024 Report No. DS2024-101 Page 6 of 9 Page 218 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re: Minor ... setback from the average highwater mark of Lake Simcoe of 15.0 metres (49.2 feet) be approved on the basis that it 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. It is also recommended that Minor Variance Application 2024- A-29 for a reduced interior side yard setback of 1.2 metres (3.9 feet) be refused on the basis that the variance does not meet the four tests of the Planning Act and is not considered good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, August 2, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services August 2, 2024 Development Services August 7, 2024 Report No. DS2024-101 Page 7 of 9 Page 219 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re- Minor ... Schedule 1: Location Map oneYme Wlkv qE.F. onmM yeller qA.W. » 7 364 3264 360 362 356 3350 352 346 ShanrJ BM Rd' Rig9e 2 Rq s 4 2 a` 14 10 4 �1 1 18 01 6 (�� 5 Barrie Terrace 3351 7 1 � 5 3 15 13 11 9 , 17 15 13 11 -` Kempenfelt Say Location Q Subject Lands Ti�!an�nf —��C�-[17GG�� (�f Proud Heritage,Exciting Fwim 0 loom File Number:2024-A-29 ti I i i i Development Services August 7, 2024 Report No. DS2024-101 Page 8 of 9 Page 220 of 221 8.c) DS2024-101 , Andy Karaiskakis, Manager, Planning Services re- Minor ... Schedule 2: Applicant's Site Plan IJ;te9: -VrcWtb nf.aU,tcng r prcpercY mformancn has a ee uv:: tern mir eda ae.Fran (13 GEORGINA PRII/E) ek;rttalts V.help to eretr. 1` __ F the reader 1 I r_r ` OL' (Aerr'ew Of keauested CharlesIt F vn 5e0at2:ro chaW- Wnt Side Yare SemaCk:i»ch-r e I y l East 5de YaM 5emaee; lEnrang:2m(6.51 Prvpuxd:l2m(4'J ( i Rcar-Yard Sctbxk: -. E,Lisntg:2fAh Dorn nlyh w;rtcr rtr.+ _ .� _ lVfll�c 17 �I. II VI1l Proposed;lym fare ho rater mart h'ah water mar4c h,b,,6,Ad.S—b k:ro chmge ` , - ` ::r•.iyting} _ 15 m 5etbackfrcm high water mark rG cn:ry; °r rr.,,•=;�; — _• (proposed} 719.15m mark(from ✓ red Handy& LEGEND P,55oaate5 SurvFiY) —..—Prxerr:, _ Prgcrcy Lrc Af+ntn:� - Pr:yrrcy I KFIAPENFELr RA, ----��-Er��n•rP-,Ger-."r`-<a'+:k ;LANE 51WOE) ...................Pmcoxe'crp.�sr`rtsa:r Twtntship ckf Site Plan Prond Heritage,Exciting Frdun File Number:2024-A-29 Development Services August 7, 2024 Report No. DS2024-101 Page 9 of 9 Page 221 of 221