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07 31 2003 Sp Council Agenda TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: THURSDAY, JULY 31,2003 TIME: 7:00 P.M. ......................................................................................................... .\<!I'I 1. OPENING OF MEETING BYTHE MAYOR _1t 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 4. PUBLIC MEETING: a} 7:00 p.m. P-1/87, Part of Lot 2, Range 2 (formerly within the Township of Oro) [Manzone]. b) 7:10 p.m. P-143/03, Part East Half Lot 13, Concession 5, Part 1, PL 51R-31716 (formerly within the Township of Oro) [Watt]. c} 7:20 p.m. P-152/03, Plan 1287, Concession 4, Part of Lot 27 and 28 (formerly within the Township of Oro). d} 7:30 p.m. '2Df\I~~~~i ~ P-153/03, effic.ial la Housekeeping Amendments (EP Zones ). ~~r(~ e} 7:40 p.m. P-154/03,. n n ousekeeping Amendments (Accessory Buildings). f} 7:50 p.m. P-155/03, Zoning change on lots fronting on both .,1\ Greenwood Forest Road and Barrie Terrace. 5. REPORTS OF MUNICIPAL OFFICERS: a) N. McDonald, Meridian Planning Consultants re: Rezoning of lands from AlRV Zone to R1(H) Zone, Pt. Lot 15, Concession 9 (Medonte) [Thatcher]. b} Report PD-2003-14, A Karaiskakis, Junior Planner re: Committee of Adjustments Decisions, July 17,2003. 6. BY -LAWS: a) By-Law No. 2003-075 b) By-Law No. 2003-076 c) By-Law No. 2003-077 d) By-Law No. 2003-078 e) By-Law No. 2003-079 , Being a By-law to amend Zoning By-Law No. 97-95 Part of Lot 2, Range 2 (former Township of Oro) Township of Oro-Medonte (Manzone). Being a By-law to amend Zoning By-Law No. 97-95 Lots 56, 57, 58, 59, 60 and 61, Concession 2 (Medonte), and Lots 13 and 14, Concession 3 (Medonte) and Lots 16 and 17, Concession 10 (Medonte ), Township of Oro-Medonte (EP Housekeeping ). Being a By-Law to amend Zoning By-Law No. 97-95 East part of Lot 13, Concession 5 (former geographic Township of Oro), Township of Oro- Medonte (Watt). Being a By-Law to amend Zoning By-Law No. 97-95 for the purpose of establishing a more suitable residential zone on the subject lands Part of Lots 27 and 28, Concession 4 (Oro), Plan 1287, Township of Oro-Medonte. Being a By-Law to amend Zoning By-Law No. 97-95 Lot 1, Concession 1 (Oro) and Lot 28, Concession 5 (Oro), Township of Oro-Medonte (Greenwood Forest Road and Barrie Terrace). Being a By-Law to amend Zoning By-Law No. 97-95 North Part of Lot 15, Concession 9, (former geographic Township of Medonte), Township of Oro-Medonte (Thatcher). g) By-Law No. 2003-081 Being a By-Law to amend Zoning By-Law No. 97-95 for the purpose of placing a limit on the gross floor area of accessory buildings and structures in the AlRU Zone within the Township of Oro-Medonte (Accessory Buildings). f) By-Law No. 2003-080 ..:: 7. CONFIRMATION BY-LAW NO. 2003-073 :; 8. ADJOURNMENT J NOTICE OF PUBLIC MEETING 40- FOR PROPOSED AMENDMENTS TO THE ZONING BY -LA W OF THE TOWNSHIP OF ORO-MEDONTE P- 1187 .- TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 31, 2003 at 7:00 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on a proposed amendment to the Zoning By-law. under Section 34 of the Planning Act. R.S.O. 1990 c. P. 13. .- THE PROPOSED zoning by-law amendment would rezone lands located in Part of Lot 2. Range 2, former Township of Oro from the AgriculturallRural (AIRU) zone to the Residential One (R I) zone and the Open Space (OS) zone. IF APPROVED. the proposed zoning amendment would satisfy condition #5 of Draft Plan No. 43T-94004. A KEY MAP illustrating the location of the subject lands has is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted. the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the adoption of the proposed Official Plan and Zoning By-law Amendments, you must make a written request to Marilyn Pennycook. Township Clerk, at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Depaltment. DATED at the Township of Oro-Medonte this 4th day of July 2003. .' .' NOTICE OF PUBLIC MEETING Lib FOR PROPOSED AMENDMENTS TO THE ZONING BY -LA W OF THE TOWNSHIP OF ORO-MEDONTE P-143/03 TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 31, 2003 at 7:10 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on proposed amendment to the Zoning By-law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PROPOSED Zoning By-law Amendment wouJd rezone Jands described as Part East Half Lot 13, Concession 5, Part 1, PL 51R-31716 (formerly within the Township of 01'0). The subject Jands are proposed to be rezoned from the AgriculturallRuraJ (AlRU) Zone to a site-specific zoning classification. IF APPROVED, the proposed zoning amendment would permit an agricultural use (a greenhouse operation) but to prohibit residentiaJ use in accordance with the Official Plan. A KEY MAP ilJustrating the Jocation of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeaJ of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the adoption of the proposed Official PJan and Zoning By-Jaw Amendments, you must make a written request to MariJyn Pennycook, Township Clerk, at the address noted below. ADDITIONAL INFORMATION reJating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration BuiJding, in the Planning Department. DATED at the Township of Oro-Medonte this 41h day of July 2003. t, ::: ~ 1;-O'u O'uO'.? f7/I La ds to be rezon d fro the tLLI Zo e to tbe Agric llural/hur81 E _ _ _ -1L- I I NOTICE OF PUBLIC MEETING ~c.. FOR PROPOSED AMENDMENTS TO THE ZONING BY -LA W OF THE TOWNSHIP OF ORO-MEDONTE P-152/03 ...., TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 31, 2003 at 7:20 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on proposed amendment to the Zoning By-law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. '- THE PROPOSED Zoning By-law Amendment would rezone lands described as Plan 1287, Concession 4, Part of Lot 27 and 28 (formerly within the Township of 01'0). The subject lands are proposed to be rezoned from the Rural Residential One Exception Ten (RUR 1 * 10) Zone to the Rural Residential Two Exception Ten (RUR2* 10) Zone. IF APPROVED, the proposed zoning amendment would reduce the yard setback requirements for the existing residential lots located within Plan 1287. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted, the Ontario Municipal Board may dismiss an or part of the appeal. If you wish to be notified of the adoption of the proposed Official Plan and Zoning By-law Amendments, you must make a written request to Marilyn Pennycook, Township Clerk, at the address noted below. ADDITIONAL INFORMA nON relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Department. DA TED at the Township of Oro-Medonte this 4th day of July 2003. Marilyn Pennyc k, Clerk Township of Oro-Medonte P.O. Box 100,01'0, Ontario LOL 2XO (705) 487-2171 ~ Z ~ -?6: SIMCOE ~1*6'.s- v 27 . . 28 .5''1' ~"!I D.s-~<.s-("!I I V LAKE ALands to be rezoned from the Rural Residential One Exception Ten (RUR! * iO) Zone to the . D.......1 D~;A.......t-;n1 T......n J:<vC"pntton Tpn tRT fR?*10) 7..nnp. NOTICE OF PUBLIC MEETING ~d- \ FOR PROPOSED AMENDMENTS TO THE ZONING BY-LA W OF THE TOWNSHIP OF ORO-MEDONTE P-153/03 TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 31, 2003 at 7:30 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on proposed amendment to the Zoning By-law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the Township initiated By-law change is to remove the Environmental Protection zoning on certain lands to reflect up to date wetland mapping in the areas affected. This mapping has been provided to the Municipality by the Ministry of Natural Resources and indicates where the Environmental Protection Zone Boundary should be more properly located. The second purpose of this By-law is to correct the extent of the Environmental Protection zone within Lot 16, Concession 10 (Medonte) to reflect the accurate location of a stream on the property. IF APPROVED, the proposed zoning amendment would remove the Environmental Protection zoning on certain lands. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted, the Ontario Municipal Board may dismiss aU or part of the appeal. If you wish to be notified of the adoption of the proposed Official Plan and Zoning By-law Amendments, you must make a written request to Marilyn Pennycook, Township Clerk, at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Depal1ment. DA TED at the Township of Oro-Medonte this 41h day of July 2003. Marilyn Pennyc k, Clerk Township of Oro-Medonte P.O. Box 100, Oro, Ontario LOL 2XO (705) 487-2171 . .... VIII IX 19 4d-~ ~ @ 18 17 16 15 --- :::~:: X ~ wod. t.o be remo..ed from ~ EuYiroomeu....i ProlecUoD. (EP) tone IV @) 59 58 57 .... 56 55 64 o.r ~ @)6 65 --------- t") 63 62 61 60 III ~ LaDd. to be remo..ed from t;;;;;..;;;J EoYirODtDeDlal ProlecUoD {EPJ ZODe IV NOTICE OF PUBLIC MEETING 4c FOR PROPOSED AMENDMENTS TO THE ZONING BY-LAW OF THE TOWNSHIP OF ORO-MEDONTE P- J 54/03 TAKE NOTICE thaI the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 31, 2003 at 7:40 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on proposed amendment to the Zoning By-law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PROPOSED Zoning By-law Amendment would establish a new maximum floor area provision in Zoning By-law 97-95 for detached accessory buildings (garages and sheds) on small lots in the AgriculturallRural (AIRU) Zone. IF APPROVED, the proposed zoning amendment would establish a maximum area limit of 100 square metres (1,076.4 square feet) on all detached accessory structures on rural residential lots with an area less than 2.0 hectares in the Agricultural /Rural (AIRU) Zone. A KEY MAP illustrating the location of the subject lands has not been provided as the proposed amendment applies across the entire Township. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the apoption of the proposed Official Plan and Zoning By-law Amendments, you must make a written request to Marilyn Pennycook, Township Clerk, at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Department. DA TED at the Township of Oro-Medonte this 4th day of July 2003. Marilyn Pennyc ok, Clerk Township of Oro-Medonte P.O. Box 100,01'0, Ontario LOL 2XO (705) 487-2171 - ~ NOTICE OF PUBLIC MEETING l\{ -J FOR PROPOSED AMENDMENTS TO THE ZONING BY -LA W OF THE TOWNSHIP OF ORO-MEDONTE P-155/03 :: TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public Meeting on Thursday, July 31, 2003 at 7:50 p.m. in the Municipal Council Chambers. The purpose of the public meeting is to obtain public comments on proposed amendment to the Zoning By-law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. : THE PURPOSE of the By-law change initiated by the Township is to change the zoning on lots fronting on both Greenwood Forest Road and Barrie Terrace to allow for development in accordance with the provisions of the Shoreline Residential (SR) Zone. At the present time, these lands are zoned Residential Limited Service - Hold (RLS -H), which is intended to apply to private roads only. As these two roads are not private roads, the zoning needs to be corrected. IF APPROVED, the proposed zoning amendment would allow for development in accordance with the provisions of the Shoreline Residential (SR) Zone as noted in Zoning By-law 97-95. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Amendments. If a person or public body that files an appeal of a decision of the Township of Oro-Medonte in respect of the proposed Amendments does not make oral submission at the public meeting or make written submissions to the Township before the proposed Amendments are adopted, the Ontario Municipal Board may dismiss all or palt of the appeal. If you wish to be notified of the adoption of the proposed Official Plan and Zoning By-law Amendments, you must make a written request to Marilyn Pennycook, Township Clerk, at the address noted below. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building, in the Planning Department. DA TED at the Township of Oro-Medonte this 4th day of July 2003. Marilyn Penn oak, Clerk Township of Oro-Medonte P.O. Box 100,01'0, Ontario LOL 2XO (705) 487-2171 - . .. /::I Lands to be rezoned from the Residential Limited Service I ~ Holding (RLS-H) Zone to the Shoreline Residential (SR) Zone" . @>~ en l.(j 1.---~(; ~ Z ~ .....:I 1---~(; ---- 1 '&$ r71Lands to bt rnoned from tbe Residential Limited Service I::::.L.IHolding (RL8-H) Zone to tbe SboreU"e Residential (SR) Zone. \ / LAKE SIMCOE l1{-~ , .;) ,y-J TOWNSHIP OF ORO-MEDONTE FROM THE TOWNSHIP PLANNING CONSULTANT REPORT TO COUNCIL .- Date: Applicant: Application #: Roll Number: Legal Description: Meridian File #: July 24, 2003 Ms. Judith Thatcher P138/02 43-46-010-002-01700-00000 Part Lot 15, Concession 9 (Medonte) 2430 .- A. PROPOSAUBACKGROUND Ms. Thatcher has made an application to rezone certain lands within Part of Lot 15, Concession 9 (Medonte) to permit the development of nine residential lots. These lots are proposed to each have a frontage of about 31 metres (104 feet) and a depth of 180 metres (592 feet). Each of the lots will also have a minimum lot area of about 0.5 hectares (1.3 acres). On December 12, 2002 the Committee of Adjustment granted Provisional Consent to the creation of the nine lots, each of which will front onto Moonstone Road (818/03 and 819/03). Lands at the back of the property will be accessed by the lot located adjacent to the western property line. One of the conditions of provisional consent is that the lands be appropriately zoned to permit residential uses. At the present time, the lands are zoned Agricultural/Rural (AlRU). A public meeting on the application was held on February 5, 2003. Planning Advisory Committee dealt with the application on July 15, 2003 and recommended approval of the zoning, subject to conditions. B. CURRENT DESIGNATION AND ZONING Countv Official Plan Settlement Township Official Plan Rural Settlement Area Township ZoninQ Bv-Iaw Agricultural/Rural (AlRU) C. ANALYSIS As noted above, the applications were given Provisional Approval on December 12, 2002. Given that the lands are within the Moonstone Settlement Area, it would have been more preferable to encourage the development of the lands by Plan of Subdivision, with each of the lots being accessed by a new internal road system. It is my understanding that this option was investigated, but was discounted by the owner for financial reasons. The decision of the Committee of the Adjustment was not appealed and the Municipality now has to process and otherwise deal with an application for rezoning to implement the decision of the Committee of Adjustment. Page 1 ,- 5'c0-J One of the issues that led to the delay in the preparation of this report was appropriate information on whether the additional nine lots could be connected to the Moonstone water system. On June 9, 2003, RG Robinson, after reviewing the application and the water system in detail, concluded that the additional nine lots on the Thatcher property could be supplied by the existing system. These nine lots would be in addition to the other proposed developments in Moonstone. However, a need for additional storage (3m3) was identified as being required as a result of the additional nine lots. It should be noted that there will be a need for the owner to enter into a development agreement with the Township respecting the extension of the water line on Moonstone Road to provide services to the nine lots. This agreement will provide for the depositing of appropriate securities to ensure that the work is carried out in a manner that is acceptable to the Municipality. This agreement may also require Ms. Thatcher to pay his fair share of the historical cost of upgrading the water supply system in Moonstone. The applicant is aware of this requirement. At the Planning Advisory Committee (PAC) meeting on July 15, 2003, the PAC supported the inclusion of a condition that would require the owner to contribute his fair share of the cost of increasing the amount of water storage in the supply system. Lastly, while the County of Simcoe approved the establishment of nine new entrances on Moonstone Road, there will be a need to grant a road widening of 2.5 metres to the County and prepare a stormwater management plan/report to ensure that any drainage form the site will not effect the drainage system associated with County Road 19. These conditions will have to be dealt with as a condition of the Provisional Consent. D. DETAilS OF THE BY-lAW The proposed zoning by-law re-zones the subject lands from the A/RU Zone to the R1 Zone. A key component of the by-law is the placing of a Holding provision on the lands. While the creation of the nine lots can occur, in accordance with the conditions of Provisional Consent, no development on each of the lots can occur until the Holding Provision is lifted by Council. The Holding provision applying to lands subject to this By-law shall not be lifted until Council is satisfied that: a) an agreement is entered into between the Owner and the Township that contains provisions regarding: . the extension of the water system; the securities required to ensure that the water system is extended appropriately; the payment of money (if required) to the other landowners in the settlement area who funded the expansion of the water supply system; the payment of money to the Township that represents the owner's fair share of the cost of providing additional storage in the municipal water supply system; and, the timing of the issuance of building permits. ~ . . . . * b) all of the conditions of Provisional Consent set out in the Committee of Adjustment decisions dated December 12, 2002 have been fulfilled (B18/02 and B19/02). It is my opinion that the above conditions are appropriate and will ensure that the lands can be appropriately serviced. Page 2 60.-)-3 On the basis of the above, the Township is now in a position to adopt the required Zoning By-law pursuant to Section 34 of the Planning Act. The other option for Council is to refuse the By-law, on the basis that the pattern of development does not represent good planning. While there may be merit in this decision, it is my opinion that this decision should have been made much earlier (such as before or immediately after the public meeting). In addition, the decision of the Committee of Adjustment could have been appealed. .- E. RECOMMENDATION On this basis, it is recommended that Council: .- a) receive this report; and, b) adopt a by-law that would rezone the Thatcher lands from the AlRU Zone to the R1(H) Zone. Respectfully Submitted, Nick McDonald, RPP Partner Township Planning Consultant Meridian Planning Consultants Inc. , - Page 3 sb)-I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: Prepared By: PD 2003-14 Committee of the Whole Andy Karaiskakis Subject: Department: Council Planning C.ofW. Committee of Adjustment Decisions from July 17, 2003 Date: July 22,2003 Motion # R.M. File No. Date: C11 12450 GROUND/ANALYSIS: Attached are the Planning Reports and Committee of Adjustment Decisions for the Consent and Minor Variance applications that had decisions at the Committee of Adjustment meeting held on July 17,2003. The last date for receiving an appeal to the above noted decisions is Monday August 11, 2003. The Committee, as noted below, deferred four applications. Consent Applications ~ B-3/03 Carolyn Charlene Clark Part Lots 15 & 16 (S/S Davis Street); Part Lots 14,15,16 (fronting on Kempenfelt Bay); Part Water Lots 14 & 15 in front of Lots 14 & 15, S/S Davis Street. (Oro) 71 Barrie Terrace B-19/03 David & Kimberly Viney Cone. 6, West Pt Lot 11, Plan 51R-15497 Pts.l & 2 (Oro) 665 Old Barrie Road W. DEFERRED . B-21/03 Rosemary Mairs Cone. 8, Part Lot 22, (Medonte) 6328 Line 8 N. B-18/03 1210023 Ontario Inc. Cone. 13, Pt Lot 21 & 22 (Oro ) !; b )--~_ B-20/03 Alfred & Jeanalee Kanis B-22/03 Paolucci Construction Limited Cone. 1, South Pt. Lot 1 Lot 26, Plan 1720 (OriIlia) (Orillia) 157 Forest Plains Rd. 8996 Highway 12 DEFERRED B-23/03 Laurel View Homes Cone. 4, Plan M-741, Lots B-17/03 Andrew Tapp 36/37 (Oro) Cone. 5, Plan 709, Lot 21 (Oro) B-24/03 Horseshoe Valley Resort Ltd. 10 Parkview Ave. Cone. 3, East Half Lot 1 DEFERRED (Medonte) .- B-26/03 Horseshoe Valley Resort Ltd B-25/03 Horseshoe Valley Resort Ltd. Cone. 3, Lot 2 (Oro) Cone. 3, East Half Lot 1 (Medonte) B-27/03 Horseshoe Valley Resort Ltd Cone. 3, Lot 2 (Oro) Minor Variance Applications A-2/03 Carolyn Charlene Clark Part Lots 15 & 16 (S/S Davis Street); Part Lots 14,15,16 (fronting on Kempenfelt Bay); (Oro) 71 Barrie Terrace A-21103 Esther A. Langman Cone. 10, West Pt. Lot 23 (Oro) 911 Ridge Road E. A-22/03 Kevin & Dawn Flynn Cone. 10, Plan 1488, Lot 101 (Oro) 185 Kennedy Ave. A-19/03 Randy Bowman Cone. 14, Plan M-lO, Lot 14 (Oro) 13 Pine Ridge Trail DEFERRED A-23/03 Kim Allen Plan 1594, Part Lot 1 (Oro) 345 Tudhope Blvd. A-20/03 Judith & Daniel Bryer Lots 5 & 6, Plan 1531 (Medonte) 9 & 11 Beechwood Drive ~ECOMMENDATION (S): '. 1. THAT this report and the Committee of Adjustment Decisions for July 17, 2003 be received. ",.-' I '\ '--I Kespectfully submitted, !) b /- 5 And~~~~ons. SA 0 Junior Planner C.A.O. Comments: Date: C.A.O. Dept. Head - Township of Oro-Medonte Committee of Adjustment Planning Report for J~IY 17, 2003 Carolyn Charlene Clark 83/03 and A2/03 Part of Lots 15 and 16 - South Side of Davis Street Part of Lots 14, 15 and 16 - Fronting on Kempenfelt Bay(Oro) 71 Barrie Terrace .- THE PROPOSAL The applicant has applied for consent to create a new shoreline residential lot with an area of 8,053 m2 and frontage on Colbourne Street of 10.4 metres. The retained lot is proposed to have a lot area of 4,565 m2 and a frontage on Colbourne Street of 10.4 metres. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Residential Limited Service Holding (RLS-H) Zone, a portion of the subject land (the former rail line) currently has no zoning. Previous Applications - The applicant has applied for a concurrent application for minor variance to seek relief from frontage and setback from slope requirements. for the proposed lot. The applicant had also requested the granting of an easement to provide access over the existing driveway to the severed lot, however it is understood this request has been withdrawn by the applicant in the interest of conformity with the Official Plan. AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING DEPARTMENT BACKGROUND This application was originally heard by Committee on February 13, 2003. At that time Committee deferred making a decision on the application until the applicant provided technical information to confirm that the proposed building location was suitable for development from the perspective of slope stability and septic servicing. In response, the applicant submitted the following information to the Township: 1. A letter from EHS Health Services advising that Ecoflo septic systems could be utilized on the severed and retained lots in full compliance with MOE and Ontario Building Code requirements; and, 2. A report from Geospec Engineering concluding that the dwelling proposed for the severed lot would not impact the existing slope provided the slope is protected from erosion and surface vegetation is maintained. r ~ J This information was subsequently circulated to the Lake Simcoe Region Conservation Authority and the Township's Engineering Consultant for review and the following comments were provided: 1. Mr. Craig Cooper of the Lake Simcoe Region Conservation Authority verbally supported the proposed application, subject to a requirement that the LSRCA be circulated on any proposal by the applicant to alter or modify the existing slope, if required; and, 2. Mr. AI Lees of R.G. Robinson and Associates, the Township's consulting engineer, reviewed the applicant's submissions and visited the site and concluded that he concurs with the position of EHS and Geospec and further recommended that site plan control be utilized if the severance is approved to provide greater control over slope stability and retention of existing vegetation. OFFICIAL PLAN The subject lands are designated Shoreline in the Township of Oro-Medonte Official Plan. Section 0.10.1 sets out the Objectives for land use in the Shoreline designation: 1. To maintain the existing character of this predominantly residential area; 2. To protect the natural features of the shoreline area and the immediate shoreline; and 3. To ensure that existing development is appropriately serviced with water and sewer services. Section 010.3.7 sets out the following policies for lot creation by consent in the Shoreline designation: The creation of new lots for a residential use by consent to sever is permitted, provided a Plan of Subdivision is not required in accordance with Section 010.3.5 and provided the proposed lot and the retained lot: 1. Fronts onto an existing public road that is maintained year round by the Township or County; 2. Will not cause a traffic hazard as a result of location on a curve or a hill; and, 3. Can be serviced with an appropriate water supply and means. of sewage disposal. :;: In addition, as a condition of consent to sever, the lands subject to the application and designated Shoreline by this Plan shall be placed in the Shoreline Residential (SR) Zone in the implementing Zoning By-law, if required. Section 010.3.8 also provides direction with respect to further development in the Shoreline designation: :: It is the intent of this Plan that new development in the shoreline area be directed to lands that are designated Shoreline by this Plan in an effort to maintain the area's unique character. In order to implement this intent, new residential 5L,) ; ,,,,,. f~/ -/ development in the Shoreline designation will be limited to small-scale subdivisions on the shoreline or minor infilling by consent to sever........ Given that the subject property is characterized by a slope to the water's edge, Committee should also be aware of Section G1.4 of the Plan, which states: The following policies shall apply to development proposed in association with development on steep slopes and ravines: 1. Development will not be permitted on slopes which are subject to active erosion or historic slope failure; 2. Development shall be sufficiently setback from the top of bank of slopes greater than 33% or 3 to 1. The development setback distance to be determined in consultation with the NVCA. The following criteria shall be considered when establishing the setback distance. · Soil type and groundwater patterns; · Vegetation type and cover; . Severity of slope; and, · Nature of development 3. In some instances where a sufficient development setback cannot be achieved, the proponent may be required to provide a slope stability analysis as a prerequisite to any development. The analysis shall be prepared to the satisfaction of the Township. ANALYSIS OF PROPOSED MINOR VARIANCE The Proposed Minor Variance It is understood the proposed minor variance will be deferred by the applicant to give Committee the opportunity to consider requiring a zoning by-law amendment as an alternative method to apply appropriate development controls over the severed lot. However, if the applicant chooses to proceed with a minor variance it will be recommended that Committee not approve the variance on the basis that a significant portion of the severed and retained lots do not have a zone category in place on the lands. This creates a problem in the assessment of the four tests, specifically in establishing whether the variance conforms with the spirit and intent of the Zoning By-law. Conclusively, there would be no applicable zoning provisions for Committee to consider varying. ANALYSIS OF PROPOSED CONSENT In determining if the proposed consent conforms with the intent of the Official Plan, the following summary analysis of issues is provided for Committee's consideration: Conformity with the Principles of the Plan The proposed severance involves the creation of one new shoreline residential lot within an existing cluster of shoreline lots. It is unlikely the proposed lot will detract from the existing character of the surrounding area, given that the proposed lot is comparable in size to adjacent shoreline lots and will utilize an entrance off a public road. To a large degree, the character of the shoreline is defined by residential uses, the waterfront as well as trees and vegetated areas. Given that the proposal will utilize the abandoned rail line, the proposal could potentially ,/,' L, J complement or improve the existing character of the shoreline. However, if the consent is approved it would be prudent to apply appropriate controls to protect the existing slope and natural area of the shoreline through site plan control. On this basis, the proposal is deemed to generally conform with the principles of the Official Plan. Conformity with the Lot Creation Policies of the Plan The proposed lot clearly represents an infill situation and therefore a Plan of Subdivision is not required. As well, the severed and retained lots have frontage on a public road and the Roads Department has not indicated that the existing entrance poses a threat to road safety. The applicant has also provided sufficient information to confirm that the severed and retained lots would be adequately serviced. The final requirement for lot creation in the Shoreline designation is that severed and retained lots be placed in the Shoreline Residential (SR) Zone in the implementing Zoning By-law. Presently the subject lands are zoned RLS and a major portion of the severed lot currently has no zoning, given that it was a former rail line. As a result, Committee should require that the lands be zoned Shoreline Residential (SR) as a condition of approval. Given the criteria set out in the Official Plan, the application is deemed to conform with the lot creation policies of the Official Plan subject to the establishment of proper zoning and development controls on the severed and retained lots. Conformity with the Hazardous Slope Policies of the Plan The applicant retained a professional engineer to review the nature and characteristics of the slope which comprises a large portion of the severed lot. In this report, which was peer reviewed and found to be acceptable by the Township's engineer, the following conclusions were reached: The review suggests that the slope is primarily comprised of either dense to very dense sand or compact to dense sand and silt till. Furthermore, no evidence of groundwater seeps was apparent. The existing angle of slope inclination is in the order of 1.16 to 1, which supports the capacity of the soil at this site to maintain stability at 1 to 1. Regardless, the proposed structure with setback, will be situated at a point of slope inclination in the order of 2. 7 to 1. Therefore, it can be concluded that the proposed residence will not adversely affect the existing slope provided the slope is protected from erosion and surface vegetation is maintained. On the basis of these conclusions, Committee should be reasonably satisfied that the proposal conforms with the intent of the Plan insofar as it relates to development near slopes. Issues Raised By the Public The Township has received a number of submissions from adjacent landowners who have concerns with respect to the application. These comments are summarized below together with an analysis of the concern: 1. The suitability of the lot for development given its location near a slope It appears that the applicant has submitted sufficient justification to confirm that the severed lot can suitably accommodate a residential. dwelling without having an impact on the slope. The integrity of the slope will be protected by retaining vegetation on and near the slope through a Site Plan Agreement. 1\ b)' 2. The suitability of the proposed septic system and whether it complies with current regulations The applicant has submitted a site plan and technical information to confirm that the severed and retained lots can be serviced by septic systems in accordance with Ontario Building Code requirements. This information has been reviewed by the Township's engineer and found to be adequate. ." 3. Noise, traffic and congestion .' It is unlikely the addition of one new lot will cause unreasonable levels of additional noise, traffic or congestion in the area. 4. Adherence to current zoning requirements It is acknowledged that the application does not fully comply with current zoning provisions. It will be recommended that these issues be dealt under a separate zoning by-law amendment. 5. Impacts on swimming conditions and water quality It is unlikely the proposed lot would, by itself, diminish water quality or swimming conditions. 6. The prospect of future variances to accommodate decks and accessory structures; This is a valid concern and Committee should be satisfied that the proposed lot can reasonably accommodate a dwelling unit. To this end, the applicant has identified a building envelop of about 264 m2 (2,800 ft2), which appears reasonable to accommodate a modest dwelling. As well, consideration should be given in the review of the zoning by- law amendment to preventing development south of the proposed dwelling on or near the slope. 7. Removal of vegetation The retention of existing vegetation is an important consideration in this application. Therefore, it will be recommended that site plan control be utilized as a means to ensure that existing vegetation is maintained to the greatest extent possible. 8. Loss of use and enjoyment of surrounding properties due to car parking and building heights The proposed lot will accommodate a residential use which is permitted within the Shoreline designation and would not appear to detract from the existing character of the surrounding area. ZONING BY-LAW 97-95 If the proposed lot is granted by Committee, the applicant will require relief from the minimum frontage requirement and the minimum setback from slope requirement. As well, it has already been discussed that a portion of the lands subject to the application are not "zoned" given that the Township's Zoning By-law did not place rail lines in a zone category. Given these circumstances, if Committee supports the proposed consent, it will be recommended that the creation of the lot be made conditional on the approval of a zoning by-law amendment. SITE PLAN CONTROL The Township's Site Plan Control By-law allows the Township to enter into site plan agreements with shoreline residential lots. If Committee concurs with the recommendation of this report to approve the severance, it will be recommended that site plan control be required on the severed lot to ensure the following: . Retention of vegetation; . Proper grading of the lot so as to minimize impacts to Lake Simcoe; . Proper siting of all structures; . Engineered retaining walls and slope reinforcement measures, if required; · Compliance with the zoning of the lot. If Committee concurs, it will also be recommended that the requirement for site plan control be established by zoning the severed lot with a Hold in accordance with the provisions of the Planning Act and Township Official Plan. CONCLUSIONS 1. The application would result in the creation of a new shoreline residential lot in a manner that is in keeping with the policies of the Official Plan. 2. The severed and retained lots would require a rezoning in order to place zoning on the lands and seek an exemption from minimum lot frontage and slope setback requirements. 3. Site plan control should be utilized, if the proposed lot is approved to ensure the retention of vegetation and control or regulate other development related issues. RECOMMENDATION It is recommended that Committee approve consent application B3/03 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu of a parkland contribution pursuant to subsection 53(12) of the Planning Act, R.S.O. 1990 c. P.13; 4. That the severed and retained lands be appropriately rezoned to a Shoreline Residential Exception Holding Zone; and, 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. } '\ r:;}- /0 All of which is respectfully submitted, 4~~ 1t(L Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants .. .' KETCH FOR SEVERANCE APPUCATlON ; 'ART OF LOTS 15 AND 16 SOUTH SIDE 0 DAVIS STREET 'ART OF LOTS 14, 15 AND 16 FRONTI . ON KEMPENFELDT BAY J..l OF WATER LOT 14 ! I FRONT OF LOT 14, SOUTH SIDE OF DAVIS STREET i .ND PART OF WATER LOT 15 I I FRONT OF LOT 15, SOUTH SIDE OF DAVIS STREET ~EGISTERED PlAN No. 1 OWNSHIP OF ORO-MEDONTE ;EOGRAPHIC TOWNSHIP OF ORO) OUNTY OF SIMCOE :ALE 1: 500 t . ~ >> 'lETT 8< WOROOEC SURVEYING LTD. )03 - r I L {-- I 7~~ SITE 8.11. PAl?T 3 PL4N Sl/f-27353 PART 4 PL4N 51R-27353 20.69 f~Af? T :'E.1. TEf :i PART 5 P!!..O:~~ED ~ :'::"\':;'1':::'0' ~ t+:47ER LOT N!f:A' CO~ BY WI. ro!: 1954:1:. oq.m., I I~ I ( I I ) ) / I I j( I ) I J / )<(~ I ..,. ,.,-.. , ,n' ". / UtlU ,-fro I.iY, ," ... "l~'~ONT ~~LOT 15 ," , j SOUTH SIDE Or DA\07S STREET / -....co~ / B WI.ro!: 22fI4:1: oq.m. Si.~.fC'()E L () T.S~ I I / Sl,')~ :4 S{)U lH /r!~~G:"5~ Tf:.::?t:]) '" & 0: .. '" IE e - /.. '-'; .J:'; ~ . .-.... - ~ g If Lor LlNc -- ... II> '1!14 - _IS - ,. ..., "r:.. ..l"',..:: - ,. ....,"rt.. ....l.,l '..J " f:JLA!V ,. ...,.,. ,,*\.11 14 'N1FRONT OF LOT /4 SOUTH SlOE OF OAI-IS STREET PROPOSED SEl-f:RED 1+:4 TE:R LOT -.... CO~ BY WI.ro!: 3248:1: oq. 'cD 'N ,g f3...; '( I OF I / i..AA'E / / / .. / I 2J."6 , I , 55.17 ,)J,7! RtVtSED DATE: WAY 23, 2003 .___t ~ '. i. () 7:S" .., OF - - ;::LA!\j ,,- ~ or, 'C h. I ~~ .,.'" 0: ;;: .,. 1i! I I PART 1 SEVERED --J:!!U" 121!!ot:""" 1.:120.32 :S1f~--:t7121 - - - I PART J ---...fEr RETAINED,.,v.: 120'1:1: ...... ~ 1.: 105.38 PART 5 1.:54.01:1 SIR-:iSI99 --- -- --- -- O.4HS I I I / / / I I STRf!a 1/ I I ....., "r:-", ...l....'..,: '.,l..., 'V. - R: 1047.86 I 8.4 ~. 1: (JT..s' '" 'C * ~:!: ... I :;;-!!i <<'" ~ it I I / / / / / / /= "I / / / ~ THIS IS NOT I. FUN (J' SURI.1:Y N<O SHAll. NOT BE USED FOR lRANSAC110N OR IIORTCI.GE PURPOSEs. (!;) THIS SKETCH IS PROtECTED BY COP'lRtGHT. NOTE THIS SKETO! IS PREP_O FROOI COMPILED N<O CAlCULATED INFOIIW...11ON. NOT F"ROW AN AC1\JAl SURIlEY. DlSTANa:S SHOWN H...I.1: HOT BEEN \1:RIf1EO. SITE BENCH MARK TOP OF THE Sl9 AS 'Ll.USTAATEO ON "l>f1S SKETCH. ~", s.I'. CHlCKm 1ft' I r.o.l. ELEVATlON DATUM ELEVA110NS ARE CEODETIC AND ARE RElATED TO THE WATER LEVEl OF" LAkE SIMCOE ON THE 12th DAY OF MARCH 2003. HAVING AN ELEVA110N OF 21 a.7&m AS PUUSHEO 8"f THE TRENT SEVERN WATER WAY. ~ DISTANCES SHOWN ON THfS PLAN ARE IN METRES AND CAN BE CDNVERTED TO FEET EJ'( DMDlNG EJ'( 0.3048 - .., / / I / / )/ I / / / R .& I I / I / . I ) 1-.. _', t...J .... lit ~ ,= -i; -, Q' !;:p iI:tf! fJ t!l t, rifJ l~ WEST PROf1LE II ~ ~ .& .& .& e WA1'[Jt u;'\ID. . ~ . R " CENTRE PROFILE ! ! 0 n 2 II II ~ :! :! .& .& .& .& WA1DI1.[\J[l 1:' . " - No. 02-2855 SC"'LE 1: 500 8 II g .& .& .& :! ~ EPLETT a: oaEC ~\{'mG LID ~ltWIo lcI1d SuM)U1 134 ANN[ S'IIII'ET 5O.ItH - \NTI(: - BARRIE - l<N B-'2 .....E : (705) 722 - 5222 FAX: (705) 722 - 6655 CW)WAJpI : (7Oi!) 6815 - 7201! [-WAIl : ..........~.ccm :w 2211 22' :w 2211 22' = "I ; n d T '"'-, ) ,...J '\ ) .C7"'--. PAGE#2 APPLICA TION B-3/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Anan Johnson, seconded by Joe Charles .' "That the Committee hereby Grant Consent AppJication B-3/03 and be subject to the foHowing list of conditions: . . 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu of a parkland contribution pursuant to subsection 53(12) of the Planning Act, R.S.O. 1990 c. P.B; 4. That the severed and retained lands be appropriately rezoned to a Shoreline Residential Exception Holding Zone; 5. That the applicant remove the existing septic system to be replaced by a new septic system that will meet all current regulations, including setbacks; and, 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. .. ...Carried." } \ .I l:)} -- / PAGE#2 APPLICATION A-2/03 (REV) COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Dave Edwards, seconded by Allan Johnson "That the Committee hereby Grant Minor Variance Application A-2/03 subject to the following list of conditions: 1. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the appropriate building permit be obtained from the Township's Chief Building Official 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, 4. That aU municipal taxes be paid to the Township of Oro-Medonte. '" ..Carried." Additional information regarding this AppJication is available for public inspection at the Township of Oro-Medonte Administration Centre, ] 48 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. 5. I \ . /, J _ / I,J./ t Township of Oro-Medonte Committee of Adjustment Planning Report for July 17,2003 1210023 Ontario Inc. B 18/03 Part of Lot 21 and West Half of Lot 22, Concession 13 THE PROPOSAL The applicant has applied for consent to sever an existing rural parcel with a total area of 288 acres and frontage on Line 12 and Line 13. The lands proposed to be severed would have a frontage of (2,250 ft) on Line 12 and a lot area of 61.9 hectares (153 acres) while the lands to be retained would have a frontage of (1,917 ft) on Line 13 and an area of 54.6 hectares (135 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural Zoning By-law 97-95 - Agricultural/Rural (AlRU) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works Building Department Fire Department PLANNING DEPARTMENT Background The subject lands presently exist as a single 116.5 hectare (288 acre) parcel and are currently vacant and unoccupied by buildings. OFFICIAL PLAN Section 03.3.7 of the Official Plan provides a specific policy to allow Committee to consider applications to re-divide large parcels of rural land which have merged in title. The policy states: The creation of new lots to correct a situation where two or more lots have merged in title may be permitted, provided the Committee of Adjustment is satisfied that the new lot; a) Was once a separate conveyable lot in accordance with the Planning Act; b) Is of the same shape and size as the lot which once existed as a separate conveyable lot; c) Can be adequately serviced by on-site sewage and water systems; d) Fronts on a public road that is maintained year-round by a public authority; and, e) An entrance permit is available for the new driveway accessing the severed lot from the appropriate authority, if required. In order to confirm that the lot to be created was once a conveyable lot, the Committee of Adjustment will require proof, in the form of a registered deed that indicates that the lot was once legally conveyable, and an explanation as to how the lot merged with the adjacent lot. ZONING BY-LAW 97-95 If Committee approves the application, both the severed and retained lots would comply with the minimum area and frontage requirements of Zoning By-law 97-95. ANAL YSIS At the time this report was prepared, the applicant had not provided information as required by Section 03.3.7 of the Official Plan. Until this information is provided, Committee may choose to defer making a decision on the sUbject application. RECOMMENDATION It is recommended that Committee defer making a decision with respect to consent application 818/03 until the applicant provides information as required under Section 03.3.7 of the Official Plan. All of which is respectfully submitted, t~~ ~:L Chris O. Jones MCIP, RPP Senior Planner Meridian Planning Consultants - - " I "'" ( L:::> BLOC\(. S8S4B .,! "'. I- l . "'f...." /"'. .. rP17 . pl.)H r.IHS06f \\ I"" I~ \~ \ \ 1 I I 1 1 I 1 l 1 1 I \ . \. .' \.~ '\~ I L.!:L rt I'" 1\2. \~ \~ \t I'" ~- 'I!' \ ~. \"'- \\ I 1 1..-- 1-" I \ \ \ \ . ~~~l (#14 pI.NI SIIHSl83 (dO' pI.NI Slf!"I9!3 pI.NI SIIH.f6I5 pt;#J JlJ./JIfRlCl'. aETilEEH LOTS 20 NlD fJ ........';, ::......:, DCXJ3 fX1)t. pl.)H SlIHS06f "" ,:,-~e(~, '2 if; ~::1 .......................................... "', ,,_.' .' ~~ . I(~ '].. . . .'. r/J -~--- \ 4?" 5ft d.,.-ta -. .;. ..-- ........... ........... \OI6~ .;~\ '-.........,.:...~:~.........~ . :::j Q~I I t{<-i-Zn ...... : P'" ~. ''''~~jIy i- $' .~" l' ~. l . ''''' .'-"b ." ". co .... .,g \tit> "6 ~ l .~" c . ..t~' r ,~ .....:" .r." {.= .... oJ> '" co "'t> "6 o ib .or'" 1<:. ~~" "'. l .,~ !'" 0: r ( ( 7)1 J J 0) PAGE#2 APPLICATION B.18/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Dave Edwards, seconded by AHan Johnson "That the Committee hereby Grant consent application B-18/03 subject to the foHowing list of conditions: 1. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 1 as prescribed in the Planning Act. 2. That a]] Municipal taxes be paid to the Municipality. 3. That the conditions of consent imposed by the Committee be fulfiHed within one year from the date of giving of this notice. .. ...Carried." . Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Rosemary Mairs 821/03 6328 Line Eight North, Part Lot 22, Concession 8 THE PROPOSAL The applicant has applied for consent to transpose and reduce the size of an existing rural lot located in Part of Lot 22, Concession 8. It is understood the lot was created in the early 90's. In order to facilitate the transposition of the vacant lot, it is proposed that the existing vacant lot will be merged in title with the surrounding acreage and Committee will then re-establish a "new" lot in the area requested by the applicant. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural and Environmental Protection One Zoning By-law 97-95 - Agricultural/Rural (AIRU) Zone Previous Applications - B9/92 AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works and Roads Building Department Fire Department PLANNING DEPARTMENT Background This application will not result in the creation of a new lot. The applicant has requested that the existing vacant lot be "transposed" to a location right beside the lot created in 1992. The reason for the request is the applicant wishes to have her existing home located on a smaller property and she wishes to potentially sell the larger, vacant parcel. The "transposed" lot would have an area of 2.0 hectares (5 acres) a frontage of 91.4 metres (300 feet). The retained lands would have an area of 38.4 hectares (95 acres) a frontage of 224 metres (735 feet). OFFICIAL PLAN The Rural policies of the Oro-Medonte Official Plan are silent with respect to the issue of lot transposition, which could also be referred to as a technical severance. In the absence of specific policies relating to the application, Committee should consider the overall objectives of the Rural designation: 1. To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, 2. To prevent the intrusion of land uses which are incompatible with the rural character and resources activities of the area. Zoning By-Law 97-95 Both the proposed and retained lots would comply with the Zoning By-law provisions applicable to residential uses in the AlRU Zone which requires a minimum lot area of 0.4 hectares and a minimum lot frontage of 45 metres. There would be no situations of non-compliance created by the proposed boundary adjustment. ANALYSIS Although there is an absence of specific policies dealing with the proposed consent, it is suggested that the application. conforms with the spirit of the Official Plan for the following reasons: · The proposal does not offend the objectives for the Rural designation; · The proposal will not result in the creation of a new lot; and, · The proposal will result in the lire-creation" of a rural lot which conforms with the area requirements for new lots in the rural area. CONCLUSIONS 1. The severed and retained lots comply with the minimum lot area and frontage requirements for thefU Zone. 2. The proposed consent will not result in the creation of a new lot and does not offend the intent of the Official Plan as it relate to the Rural designation. RECOMMENDATION It is recommended that Committee approve consent application B21/03 subject to the following conditions: 1. That three copies of a Reference Plan of the merged parcels and new lot be prepared by an Ontario land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parts of land subject of this consent; and, 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. rJ) " .\ b ,-- } J _.--;'- - / ,> All of which is respectfully submitted, A~~ 1O\L...Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants . ._,---~.._------,~.__.-._.~._-- .-'~~~' ,--------._-- .. .-. .-~--~.'~.__.__._- .... " oil <:- ;;J.J../vO (['3 W ~ . :? IV d 0 - I _1:; r .t?./ -> -y::: '1+ ) (Y) . ~r~QL ~ I: jJ ~ (, ? /U K 01f\ l (\j V \ ,0 _."_ .._~ _...__....~.., ,'.'",- --'-..---'" ") (J N iT 7 37 9./.1...1- -- ['0 - --- cI - .~...s;:------ ..~ ~ \ ~ \j 'lJ ~ \-- '\) ~ CJ \) ~ ~~ \- ~ '::) Cj -1<,:t \.L 'a <:;) '.I... ~O \f)Q... ..... It..~ C) \J) ~ t- ~ Q: \"\::) c:t \' ~. '" ?-Vq ..... ~. ---,-'~.-'- ..Xt\ \- '.\I ill ~ <:::, I.L \- (f\ !}j Q: CI \L.. W~--I-o Sf '1 1- ~ \ \ \ "'" /' --- / () C< / --J 6.. - I Q~ { I , -- -i - - - ~ 1\1 I I I I I I I i ! ! ::}.. :>- / ,1 .,) ,. )- m ill / <X: \) ~ I I ,/ / /' / , .t 07;?.s- '7-...5' E" 5 r:?('oI l>i' Of' "'J..fi 0 ',;1 /,V 0,2 ~ N oc1 //J It. (j ~ x (19 · 5 (j ( t/(J1J .{ Y -bf (AI .;::"7 '5 () };1..1 . -? ~/J/Y /1;11/V2? / /'~ X ~ ~-1' J } ~ ~. .\11 l!J <J:::' ~ u.::---:-= ;:;--.. t- ':< ::1 8 1!J Q () ~ - ~ -- ~ \- ~ ~ . - PAGE # 2 APPLICATION B-21/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by A])an Johnson, seconded by Dave Edwards "That the Committee Grant Consent AppJication B- 21/03 subject to the following ]ist of conditions: 1. That three copies of a Reference Plan of the merged parcels and new Jot be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parce](s) severed, one copy to be retained by the Municipa]ity; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parts of land subject of this consent; 4. That the conditions of consent imposed by the Committee be fu]fi])ed within one year from the date of the giving of this notice as noted be]ow, and; 5. That the septic system be relocated if it crosses the property line. ... ..Carried." I \ 0/ !- I "",/f Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Paolucci Construction Limited 822/03 157 Forest Plains Road, Lot 26, Plan 1720 (Orillia) THE PROPOSAL The applicant has applied for consent to create a new lot in the Forest Home Industrial Park having an area of 0.94 hectares (2.34 acres) and a frontage of about 51.8 metres (170 feet). The retained lot would have an area of 1.04 hectares (2.58 acres) and a frontage of about 53.3 metres (175 feet). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Industrial Zoning By-law 97-95 - Economic Development (ED) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING DEPARTMENT BACKGROUND It is the applicant's intent to create a new lot in the Forest Home Industrial Park. The lands proposed to be severed are currently vacant while the lands to be retained appear to be occupied by a vacant industrial building. OFFICIAL PLAN Section 07.4 of the Township's Official Plan provides the following direction to Committee in considering an application for consent in the Industrial designation: .- New lots for industrial use can be created by consent or by other means in a Registered Plan of Subdivision that existed on the date this Plan was adopted by Council if issues relating to servicing and access have already been dealt with when the parcel was originally developed and/or approved for development. :- ZONING BY-LAW If the proposed consent is granted, the severed and retained lots would comply with the lot area and frontage requirements of Zoning By-law 97-95, which requires an area of 0.4 hectares and a minimum lot frontage of 40 metres. [/ , 1-, ..J /j ANALYSIS The proposed consent generally conforms with the Official Plan on the basis that the proposed lot is located within an existing plan of subdivision which predates the Official Plan. Furthermore the site appears to be adequately serviced and capable of accommodating a range of potential industrial uses. . CONCLUSION 1. The proposed consent generally conforms with the lot creation policies intent of the Official Plan as it pertains to industrial lands. RECOMMENDATION It is recommended that Committee approve consent application 822/03 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the applicant pay a parkland dedication in the amount of $500; and, 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. All of which is respectfully submitted, l~~ "f<.:P- Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants "" r="i. " i...", \ ~; J)- ' """"",,,,:' ,-".,> -'. ,. . .<1: , ,;:,:.1:'. ",;.""c.,':'\ .t:-:.::..j".:,. (: ,.". . .. I I .1-, l'q .r;. <I:. , ~i ..,..1 ~I ~ .;0 :'1. ~ ....J '\" ~ \-'J.. <::to' ~ ,'\- c::t.: '0 ':) ~ ~odqz}f , ' . '<t . ... . ' S {I (t::I t' c./ ~ ..... , i i ., , i , , . i LJ -1 <: ...w Q') i ...... -..' ~ ~ 'Z --< ~ f V'I ~ ~ ~ ~ ~ " J..... V'I ~ ~ -- --- .J.,s:::;cIQ.::::! l!) 0;) '<t co co (\J !'-co'<t 0...-0 .-!.. k' ....l. PAGE #2 APPLICA TION B-22/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Dave Edwards, seconded by Al1an Johnson "That the Committee Grant Consent Application B-22/03 subject to the fol1owing list of conditions: 1. That three copies of a Reference P1an of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parce1(s) severed, one copy to be retained by the Municipality; 3. That the app1icant pay a park1and dedication in the amount of $500; and, 4. That the conditions of consent imposed by the Committee be fulfil1ed within one year from the date of the giving ofthis notice as noted be10w. ... ..Carried." Additional information regarding this App1ication is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Laurel View Homes 823/03 Lot 36,37, Concession 4, Plan M-741 (Oro) , THE PROPOSAL The applicant has applied for consent to permit a lot addition. It is understood the owner of Lot 36, which is currently being built upon, wants to establish a greater side yard than currently is provided. In order to facilitate this, it is proposed that a portion of Lot 37 be severed and added to Lot 36. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Low Density Residential Zoning By-law 97-95 - Residential One Exception One Forty (R1 *140) Zone Previous Applications - None. AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department-has made no comments Fire Department PLANNING DEP ARTMENT Background This application will not result in the creation of a new lot. The applicant has requested a lot addition that would increase the lot area of lot 36. The land to be added, identified as Part 2 on the applicant's reference plan, has a frontage of 0.93 metres (3.05 feet), a lot depth of 30.57 metres (100.29 feet), and a lot area of 27.82 square metres (299.46 square feet). The land to be retained, Lot 37, would have a lot frontage of 16.2 metres (53.14 feet), a lot depth of 30.57 metres (100.29 feet) and a lot area of 573.90 square metres (6177.61 square feet). Township Of Oro-Medonte Official Plan The Horseshoe Valley Low Density Residential policies of the Oro-Medonte Official Plan are silent with respect to the issue of lot additions. In the absence of specific policies relating to the application, Committee should consider the overall objectives of the Horseshoe Valley Road designation: 1. To ensure that new development in the existing development nodes is planned on a comprehensive basis. PAGE#2 APPLICATION B-23/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Joe CharJes, seconded by AJJan Johnson ... "That the Committee Grant Consent Application B-23/03 subject to the foJJowing list of conditions: '. ]. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the parce] of land subject of this consent; and, 4. That the conditions of consent imposed by the Committee be fulfi]]ed within one year from the date of the giving of this notice as noted below. .. ...Carried." ". Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, ] 48 County Road 27 South in Om Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. . . ~~~ ~sG v~ 11t\) .....\oo~ ~}~/ ~~ ~~ ~g& G'vV ~\..r ",p'J",O ~ le'< ~~ 'I .. ART "8 -, 51 R-306~ 74055-0123 ()1 n'1-' ~ ,,<t,. .~() .~~ ~~'O I PART23-' E-L~ 5~-306z.!J PiN 74055-0118 UTH HALF LOT 3 :ONCESSION 4 )GRAPHIC TOWNSHIP OF ORO) lENT JMENT ! BAR Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Horseshoe Valley Resort Limited 824 and 825/03 East Half of Lot 1, Concession 3 (Oro) THE PROPOSAL The applicant has applied for consent to create a new lot and an easemenVright-of-way for the purpose of establish a building for a proposed 24 unit town home development proposal. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Settlement Node - Horseshoe Valley Village Zoning By-law 97-95 - Future Development (FD*16) and Private Recreation (PR) Zones. Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The purpose of the application is to create a new lot and easement for the purpose of establishing a development parcel for a 24 unit condominium development. The proposed lot would have an area of 0.9 hectares (2.23 acres) and would be located at the base of the Heights private ski hill. Township of Oro-Medonte Official Plan The subject lands are designated Horseshoe Valley Village in the Township's Official Plan. Section E2.5.3.1 of the Official Plan specifically permits medium density townhouses in the Horseshoe Valley Village designation. ~~ Section E.2.5.3.2 of the Plan also requires the preparation of a Comprehensive Development Plan (COP) for lands in the Horseshoe Valley Village designation. The policy states: ii' No new development shall be approved in the Horseshoe Valley Village designation until a Comprehensive Development Plan (COP) applying to all lands within the Horseshoe Valley Village designation and the traffic study described in Section E2.5. 1 are prepared to the satisfaction of Council. With respect to the applicant's request to obtain a right-of way for access to the proposed lot, Committee is aware of Section H1.4.2 of the Plan which only permits the granting of easements to existing land locked parcels. However, Section H1.4.2 provides an exemption for private roads as follows: It is a policy ot the Township to restrict development on private roads or individual rights-ot-way, unless the private road is in a Plan ot Condominium. ANAL YSIS In accordance with Section E2.5.3.2 of the Official Plan, Horseshoe Resort has recently completed a Comprehensive Development Plan (CDP) to act as a guide for the overall development of lands within the Horseshoe Valley Village designation. It is understood the CDP was recently presented to Council in a public meeting format and that Council's endorsement of the Plan is forthcoming. Given the requirement in Section E2.5.3.2 that such a Plan should receive Council approval prior to new development it will be recommended that Committee support the proposed severance and easement on condition that Council passes a resolution supporting the proposed CDP. RECOMMENDATION It is recommended that Committee approve consent applications 826/03 and 827/03 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That Council for the Township of Oro-Medonte supports the Horseshoe Valley Comprehensive Development Plan by resolution; 4. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu of a parkland contribution pursuant to subsection 53(12) of the Planning Act, R.S.O. 1990 c. P.13; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. All of which is respectfully submitted, j~~ "foR- Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants " 22.272 ho. 1 . ).. I t:: () ~ N7'S4'OO"E I ~ 115.82 A=181.93 R=57.91 PART 1 z ~ z VI ~ VI 0 0 rJ rJ "! ....., N N PARCEL 1-12 0 0 : : :i ~ (SECONDL Y) B subject to on easement ~ os set out in L T327069 C1 SECTION 51-MED- \Q ~ AREA = 50.228 he ~ 51R .- N31'23' 40"W N52';39' 45"[ ~(~~;'3 3 1 N N21'S9'1S"W~ 44.68 A=64.54 R=22.56 -;;. ~ <.1>"'>- .\>. N' 0: --N74'7A' :IE "'00" t 714.34 N61'OS'OO"E -- 79.30 PART 2 0> tv 9 :::::.! subject to on eosemen os set out in L T2538.3 . N30'01.< 20.3 N59'59'00"E PART 7 11,34 51R-27SS7 PART 1 51R-27SS7 .- - 80.11 - 75.68 -< N59'11'35"E N60'00'00"E -- ---.....- N59'59'50' E 152.97 N81'48'10"EJ 32.83 PART N59'S9 00 'E GEOGRAPHIC TOWNSHIPS NO. 22 (HORSESHOE VALLE PAGE#2 APPLICA TION B-24/03 COMMITTEE OF ADJUSTMENT DECISION ~.,?..."" BE IT RESOLVED that: Moved by Dave Edwards, seconded by A11an Johnson "That the Committee Grant Consent App]ication B-24/03 subject to the fo11owing list of conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipa]ity; 3. That Council for the Township of Oro-Medonte supports the Horseshoe Va11ey Comprehensive Deve]opment Plan by resolution; 4. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-1ieu of a parkland contribution pursuant to subsection 53(] 2) of the Planning Act, R.S.O. 1990 c. P.13; 5. That the conditions of consent imposed by the Committee be fu]filled within one year from the date of the giving of this notice as noted below. ... ..Carried." Additiona] information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, ] 48 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of8:30 a.m. and 4:30 p.m. PAGE#2 APPLICA TION B-25/03 COMMITTEE OF ADJUSTMENT DECISION / ;> ( -..).'C BE IT RESOLVED that: Moved by AJ1an Johnson, seconded by Joe Charles "That the Committee Grant Consent Application B-25/03 subject to the following list of conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parce1(s) severed, one copy to be retained by the Municipality; 3. That Council for the Township of Oro-Medonte supports the Horseshoe VaHey Comprehensive Development Plan by resolution; 4. That the applicant pay to the Municipality $500.00 for the new lot as cash-in-lieu of a parkland contribution pursuant to subsection 53(12) of the Planning Act, R.S.O. ] 990 c. P.13; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. ... ..Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, ]48 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. ~) \ j \-, ~ /- i-/- 7 ..../0) j! Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Horseshoe Valley Resort 826 and 27/03 Lot 2, Concession 3 (Oro) THE PROPOSAL The applicant has applied for consent to convey 2 separate easements from Horseshoe Resort limited to Carriage Hills Resort Four Inc. One easement would be utilized for telephone and cable service while the second would recognize a water line utility. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Settlement Node Zoning By-law 97-95 - Residential Two (R2*123), Agricultural/Rural Exception (AIRU*15), Private Recreation (PR) Zones. Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The purpose of the application is to convey an easement from Horseshoe Resort to Carriage Hills Resort for the purpose of providing a water line as well as cable and telephone utilities over Horseshoe lands to the current Carriage Hills condomium project. Township of Oro-Medonte Official Plan The subject lands are designated in the Horseshoe Special Policy Area in the Township's Official Plan. There is no specific policy in the Official Plan regarding the conveyance of easements or right-of-ways for the proposed purpose. ANALYSIS The proposed easements have been requested to formalize a legal interest in the land for Carriage Hills utilities. The applications do not offend the intent of the Official Plan as it applies to the Horseshoe Valley Settlement Area. RECOMMENDATION It is recommended that Committee approve consent applications 826/03 and 827/03 subject to the following conditions: 1. That three copies of a Reference Plan of the lands subject to the easement be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the easement granted as per B26/03 be for the exclusive use of a waterline serving Carriage Hills Resort; . 4. The the easment granted as per B27/03 be for the exclusive use of telephone and cable utilities to serve Carriage Hills Resort; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. All of which is respectfully submitted, t~ 'foL Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants \ " , \ \, '\\ ~ \ t '\ \ \ \ q~'iq , 'a~~ \ ~ \ ""-" '" \ "t~ \ ." ~ \ ~\ ' I ',~ \ ~ \ , 1\\ ~ , I \ ~ "ANHOlE 7 it } Sf 0+000 ~ RI 322.00 1 ~H'€ IN AT IN 320.63 I ;~i'; f ~ ~~~ > I 01 I r _" -- EX, CROUNO ~ROFlLE.\ ABOVE elL ()F' SAN. S....R -' 200mm D~ SL~ SEWER INVERT '~ E~~~~~O 'i ELEVAnoNS ; f ~ ;!, i f I , r CHAINAGE INVERT OUT 328..t o ,.'j' stw UANH(U 2003" Sf.&. 0+0&1).12 RIM 32'5.80 INVERT IH 323.32 INVERT OUT 323.29 ~~ I' fl,ff:: ",,,,8 .:~~ ~ ~I PIPE DESCRIPTION "'j"~t/IH.".UII'" a.....~-..,......-...: N'( vt\" -"-11 JOhM filii: tDII-Jt eM 1'11"(1 aMI, eM 'IU (aI'OI ...c: WI\. ....'.'1,...... M~~"'...o ctdI. Clot 1..... I'I1II( WI'I.. .It'.#I *""'"" OfM~CDIt...... u..ss.~_~f~ :.:- #lLJ,ft ~O'IM~COIC."'" CI.A!I. CSI uu Wi STA_ -- , i"""'/O) .. ... ---... .... .-;;;;;;;; ~ ~ - m 200m;; 01A. SLOPE "H.~ LE'NGTH e4.2Sm " iHVtRriN"J40,53 IH'KRT OUT 340.50 ~ ~-- .f "I~ , 1<?~~4' '4c~ "> ''''~ ,f ~~ ~. "" ::IE ~ 5 WE~ TRENCH Pllm (TYP. or 13) R FER TO OETAA. i'HEE'r G03 .........-.... ..... f4.1. &011 .... III\. Mot.11 ....... M ..._>> <- ,.., aMI . etA I'" (OJO CUI1 "'If 11ft. ""." ~O'!III; II'JIIJI01WtoC,.-cOA!.CP ItU fDllDlaI!') ~~ IDII*II AlII"" ~ IIIUtln.D*C.OIII- _aO_ . ;; \ TYP. SEWER ..H:HOA (TYP. OF' t) REFER TO DETJtL SHEtT G03 EI II tEl II II Bj t I, ~ , ".1 I N I ~ ~ ~ I I ; I ~ ~ I I I J ~ ~ I I ~ ~ ! i o 0 ;!, noSh......"....... ,..,. fUI!'( ,"1IIII..-.141....,M ...~.."'I)u.... Iu.' I1l'Ol01) M IIIII..IU,ft.....D'faIo IIIDII'ftIf.OC.... u... tIA 8M (GIIOan) aMI"If.'" ",po.-. -.0' 1J\DaO." _A' - ~=~~I~ (Uti ~- v ~ i SEWER INVERT ; f ;!, E~~~~O Ii. ELEVATIONS CHAINAGE PIPE DESCRIPTION <9 - . ""'" """ ~ ~_.vam__'__III'__""" ._~UICd.fttG..IIII"'. -..:111 . _........ IID_....... --..---- I. ..._......-.1-'.... --- . .u.~_.___.W""- ....".Wfft'ta. ".........-........ __I __~____.'IM I. .,............... ~ .....-. ::-.~.._..._- , ....,..-...--........y I.I=:=-~=:..-::'-=-_"t.~ , ._...._......w_ -..,.-- lID. .....-..... . .-- ___",~f r-lIiI:Notu.wc .... t MV. .)tt,0S4fn ~!W!i:f~ HORSESHOE VAI..LEY RESORT SAN. SEWER - CARRIAGE HIUS - PHASE 4 0+000 t. 0+300 PRO.ItCT NO.flOG.tO IIYMN ~ C.T. US( ~SlOHS ONlY PMI' BotTI: 11/02 MOJrCI' OfC'jIt N,H.'. sc.u: 1:500 ~'fHOOt1t[\A ~~~y G01 .1 SOiED\JLE PART or LOT CONCESSION 2 3 ---=-- .EIIEJI) . DEHOTES FOUHO 9JR~ wctMiEHT ::I DEMOTtS Pt.AHTtO, ~ WCNJWENT iI8 ODtOTtS ST.foHOAIU) 1R0f4 BAA iSe DEM01tS SHORT STANDARD IRON BAA IB" 0E:N01tS ItCH BAA MT. OEMOTtS 1W1N[SS If--*- OOtOttS f'EHONG (11:10) DENOTES OIHO IlS. AS'" Q.I..$. (103&) DEMOTES RA E..SIUH, OJ..,S. (eso) 0Dt01D tJ>. o'DALE. 0.Ls. PART OF' PIN .rNeT2e.,e'E 11.20 "'__11.21 R.78.00 -N88"2IS'4'.W . 32.53 ~Ne.'.Y17'W 106.61 ".'0?1! R_J06..OJ o \.. PART 1, rN.......2.W 9.39 "'-9.40 R.,03.00 =-- ... ~... PART 4, PLAN 51R-7683 e , . \ ",...- j , L., /_ )_, ) f ) , ...,/ '-/'/ yo .--' PAGE#2 A PPLICA TION B-26/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Dave Edwards, seconded by Joe Char1es .. "That the Committee Grant Consent App]jcation B-26/03 subject to the fo}]owing 1ist of conditions: ]. That three copies of a Reference Plan of the Jands subject to the easement be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit 3 originaJ copies of the deeds for the parceJ(s) severed, one copy to be retained by the Municipa1ity; 3. That the easement granted as per B-26/03 be for the exclusive use of a water1ine serving Carriage Hills Resort; 4. The easement granted as per B-27/03 be for the exclusive use of telephone and cable utilities to serve Carriage Hills Resort; 5. That the conditions of consent imposed by the Committee be fuJfi]Jed within one year from the date of the giving of this notice as noted below. .. ...Carried." Additional information regarding this Application is availabJe for pubJic inspection at the Township of Oro-Medonte Administration Centre, ) 48 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. PAGE # 2 APPLICA TION B-27/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by AJJan Johnson, seconded by Dave Edwards "That the Committee Grant Consent Application B-27/03 subject to the following list of conditions: 1. That three copies of a Reference Plan of the lands subject to the easement be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the appJicant prepare and submit 3 original copies of the deeds for the parcel(s) severed, one copy to be retained by the Municipality; 3. That the easement granted as per B-26/03 be for the exclusive use of a waterline serving Carriage Hills Resort; 4. The easement granted as per B-27/03 be for the exclusive use of telephone and cable utilities to serve Carriage Hills Resort; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice as noted below. . ....Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, ]48 County Road 27 South in Ora Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. '\ i \ III ....) " )" 'i .', ....// ,--' Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Esther Langman A21/03 911 Ridge Road East (Oro) THE PROPOSAL The applicant's has applied to expand a legal non-conforming use. The applicant is also requesting the following relief from Section 5.33 of By-law 97-95 (Setback from Watercourses). Required Proposed Minimum Setback 30.0 metres 20.4 metres MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Environmental Protection Zoning By-law 97-95 - Environmental Protection (EP) and Agricultural/Rural (A/RU) Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The applicant proposes to build a deck and mudroom with a total floor area of about 25.4 m2 (273 ft2), which is entirely located within the Environmental Protection (EP) Zone. As a result, the applicant's dwelling is a legal non-conforming use and permission is required from the Committee of Adjustment for expansion to such uses. The applicant also requires relief from the minimum setback requirement for rivers and streams given that the proposed deck will be located within this setback. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? Section J2.2 of the Township's Official Plan sets out the following policies to guide Committee in considering expansions to legal non-conforming uses. a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust.. ..and the degree to which any of these factors may be increased or decreased by the extension; and, d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The applicant's proposal appears to be a reasonable expansion to an existing dwelling unit and therefore the proposal is considered to conform with the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? The primary role of the EP Zone is to protect key environmental features and functions. Given the relatively modest expansion proposal, the application will not adversely impact surrounding environmental features and therefore the proposal is considered to conform with the general intent of the By-law. Is the variance appropriate for the desirable development of the lot? The additionav of a mudroom and deck is considered to be an appropriate and desirable expansion to the existing dwelling unit. Is the variance minor? On the basis that the proposal is a relatively modest expansion proposal and given that the deck will not further diminish the existing setback from the adjacent stream, the proposed variance and expansion to a legal non-conforming use is considered to be minor. CONCLUSIONS 1. The requested variance is in keeping with the general intent of the Official Plan. 2. The requested variance is in keeping with the spirit and intent of the Township's Zoning By- law. 3. The requested variance will provide for the desirable development of the subject property. 4. The requested variance is deemed to be minor. 5. The requested expansion to a legal non-conforming use is considered to conform with Section J2.2 of the Official Plan. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A21/03, subject to the following conditions: 1. That the appropriate building permit be obtained from the Township's Chief Building Official 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, 2. Pursuant to the construction of the deck and mudroom, that the applicant submit a survey to the Township to confirm that the location and size of the deck and mudroom is in conformity with the relief granted by this minor variance and approved expansion to a legal non-conforming use. All of which is respectfully submitted, ~~~ foLChris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants e VJ-,,-r -04. FOo o...u...- <i.w (}ia..c... 4. c... 3=0::.< W r-:r:.e. o::.r-L 00:: 0... ...J S W ...J L 0::. <i. ( L (}iDe :r.Z: r-4.: ,S"~ c<.-! e '::' o / ~1' \0"1 Ii> 60 !!!~W ~o .......~ x<::' 0- ~"> w ~ ">~ ~ C) x".:J ..... ~"> ~ ~ -,':J ~, ,~:' .~;. .: ~!>-.w It) 00 f> ~\!.:;.uS\~ ,- . . -' 'Q v. o ;.!!. ~ ~~<::,#!">~ ~">~ ,,<::' iY 'v'v f.....-.. ) /' ..: ~o ~~" -~">~ .'? ,,>'Y. x" o:..'v I~' \ " , :~- r; r.;,o;; ~~ _0"0.(' .. ,'"' '/"'0 0-,9 -,9 '=1- ~ " ~o J " "" r;."" <:/b "" y'~ y. 0 :c... (y "" CY "" -.Y ~<:>." 0","" Q- 10. ~;> b'V ~ o &p.- "" ~~~ J~ ~~\:~ 'b VI' ~~ ~ "" .f'\" j-~\./ '';("0 ,,~ -S'l ~.6- A ..-( '1/+ ,,<Y -{i> I /' ~ ",,--1--- ~.('.('~ ~ /~ A ~ " Y.6-1:-" 'V. '" ~,\ <? ,,0'O~ . o ,\0' 'r' :.;- I.. J ""\'\~ -.Y' ......., ~v') J,~~ 1'. .('/""Jf~ 0 ~ /0" "'..'" o -- o /' & & <Y o ~ o o /' Q i""'y" (,'-V ~ "" ~ PAGE#2 APPLICA TION A-21/03 COMMITTEE OF ADJUSTMENT DECISION \ J- / BE IT RESOLVED that: Moved by Allan Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance AppJication A-21/03 subject to the foJlowing ]ist of conditions: 1. That the appropriate buiJding pennit be obtained from the Township's Chief BuiJding OfficiaJ onJy after the Committee's decision becomes finaJ and binding, as provided for within the PJanning Act R.S.O. 1990, c.P. 13; and, 2. Pursuant to the construction of the deck and mudroom, that the appJicant submit a survey to the Township to confirm that the Jocation and size of the deck and mudroom is in conformity with the reJief granted by this minor variance and approved expansion to a JegaJ non-conforming use. 3. Addition wouJd have to meet required setback to sewage system. .. ...Carried." Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Kevin and Dawn Flynn A20/03 .. 185 KenedyRoad, Plan 1488, Lot 101 (Medonte) THE PROPOSAL .. The applicant has applied for the following relief to permit the construction of a detached garage in the front yard of a lot in the Shoreline Residential (SR) Zone. Required Proposed Minimum Front Yard {accessory building) Behind front wall of dwelling 1.1 metres MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential (SR) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The applicant proposes to build a detached garage with an area of 53.5 m2 (576 ft2) in front of an existing dwelling on a residential lot which has an area of 1,400 m2 (15,069 ft2). The proposed garage would be located 1.1 metres from the front lot line and 2.1 metres from the side lot line. Due to the location of the existing dwelling and septic system on the lot, the front yard is the only available building area for a detached garage. .. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Shoreline. The primary function of the Shoreline designation is to identify and permit residential uses which are compatible and in keeping with the character of a shoreline residential community. The proposed variance, which would permit the construction of a detached garage is in keeping with the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? One of the purposes of maintaining minimum front yards in the Shoreline Residential Zone is to maintain and protect the residential character of a single detached residential community. However, it is also the intent of the By-law to permit accessory uses that are reasonable and incidental to a residential use. Given that the applicant does not currently have a garage and the lot is somewhat constrained given its size and location of the existing dwelling, the proposed variance is considered to conform with the spirit and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The subject application has been precipitated to some degree by a small lot size and the existing location of the house, septic system and driveway. Based on a site inspection of the proposed garage, although located very close to the road, it should not detract from the character of the lot or the surrounding neighbourhood. On this basis, the subject variance should provide for the appropriate and desirable development of the lot. . Is the variance minor? On the basis that the proposed garage will occupy only 3.8% of the applicant's lot and is buHered by a mature cedar hedge, the requested relief is deemed to be minor. CONCLUSIONS 1. The requested variance is in keeping with the general intent of the Official Plan. 2. The requested variance is in keeping with the spirit and intent of the Township's Zoning By- law. 3. The requested variance will provide for the desirable development of the subject property. 4. The requested variance is deemed to be minor. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A22/03, subject to the following conditions: 1 . That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the garage doors not face Kennedy Road; and, 4. That the appropriate building permit be obtained from the Township's Chief Building OHicial only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. All of which is respectfully submitted, l~~ 'fcrL.Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants /rtS K r~,LJ y ,z.O e __"'__.__.___________..____.__._n_ .u_ ..--u-i!-;:-I'!~- ______;:~..!'L_________ ..-..-.--.-..--- .G:l.L~!1.k:_{;___.__ _.__.._.__________.____ 2.4-../)C 2. 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'-'-~--"--,,, --'_..~". ....-.,,- --.- ...--_.~._-~-~.." -" . ~ -- -.........--..-.".-- ---_.._--_...~- - ...._-... -~..._.'. "___......._.__.. _.~ m ~. -.-.. .._--~...,,-.---_.--.. - (1 I' l7lrE . <.-. .-.. . PAGE#2 APPLICA TION A-22/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by A11an Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance Application A-22/03 subject to the foHowing list of conditions: 1. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the garage doors not face Kennedy Road; and, 4. That the appropriate building permit be obtained from the Township's Chief BuiJding Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. . .. ..Carried." .- Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Kim Allen A23/03 354 Tudhope Blvd. Part Lot 1, Plan 1594 (Oro) THE PROPOSAL The applicant has applied for the following relief to permit the construction of a detached garage and an expansion to the existing dwelling. Required Proposed Detached Garage To permit a detached accessory building in the front yard. Minimum Exterior Side Yard 7.5 metres 1.0 metres Expansion to Existing Dwelling Minimum Rear Yard 7.5 metres 2.5 metres Note to Committee: In a letter dated July 10, 2003, the applicant confirmed a request to modify his application and delete requests for increases to the maximum height requirement and building area for a detached accessory building. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential (SR) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background The applicant proposes to expand his residential dwelling by adding 65 m2 (700 ft2) of living space to the existing dwelling which has an area of about 116 m2 (1,250 ft2). r \ /(/ L..., / ,-.:.. --;;<. ----) . ....; / The applicant also wishes to build a detached garage with an area of 70 m2 (753 ft2) and a height of 4.5 metres (14.7 feet). There are two primary reasons which cause the applicant to seek relief from the requested provisions of the Zoning By-law: 1. The applicant's lot is a corner lot, and by definition of the Zoning By-law, the front lot line is located at Lakeshore Road and not Tudhope Boulavard, where the driveway is located. This means that the lot features increased setbacks on 3 of 4 sides. 2. The applicant's septic system is located directly south of the existing dwelling and negates any potential expansion area in the most open area of the lot. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Shoreline. The primary function of the Shoreline designation is to identify and permit residential uses which are compatible and in keeping with the character of the existing residential community. It is suggested that the applicant's addition and proposed garage are reasonable expansions relative to the lot and are in keeping with the character of the Shoreline designation. Does the variance conform with the general intent of the Zoning By-law? In most residential areas the intent of Zoning By-law setbacks is to prevent over-development of a lot in the interest of maintaining a positive community character and streetscape. In this case, the required rear yard practically serves as an interior side yard and therefore the requested relief into this yard does not appear inappropriate. In the case of the detached garage, while it will be very close to the front lot line, it will not obstruct the dwelling and will integrate logically with the existing driveway. While it would be preferred to have the garage located further away from the street, there is not another location on the property that lends itself to the siting of a garage without altering the entrance or septic system. Based on this analysis, the proposed variance is considered to conform with the intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Although it may appear that the proposed additions will overdevelop the subject property, the overall lot coverage would be about 12%, which is considered modest for a garage and dwelling. Again while the garage will be located very close to the front lot line, there is merit in the fact that the majority of the applicant's lot adjacent to Lakeshore Road will remain undeveloped. On this basis the proposed variance would appear to provide for the appropriate and desirable development of the lot. Is the variance minor? The applicant's proposal represents a reasonable expansion to an existing dwelling in the Shoreline designation. While some parts of the requested relief appear significant, the applicant's request is understandable given the current location of the home and driveway, the fact that the applicant's lot is a corner lot and the constraint caused by the location of the existing septic system. Given these circumstances, the proposed variance is deemed to be minor. CONCLUSIONS 1 . The requested variance is considered to be keeping with the general intent of the Official Plan. 2. The requested variance is considered to be in keeping with the spirit and intent of the Township's Zoning By-law. 3. The requested variance is considered to provide for the desirable development of the subject property. 4. The requested variance is considered to be minor. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A23/03, subject to the following conditions: 1. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. All of which is respectfully submitted, ~~~ 'fvL Chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants '\\ :s-/ \\ '" \ ~ ((~ 4. " 6 " ~,n" Eo' ? ((' '" f),.E> ~\ 1 :)\1,." .- c." \Il- ..: ,?..... , :";:>; II,(S?: :? I / ",'/// "")t'~q <: 15..9 c:; PAGE#2 APPLICATION A-23/03 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by AHan Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance Application A-23/03 subject to the following list of conditions: . 1. That prior to issuance of a building pennit, an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of surveylreal property report prepared by an Ontario Land Surveyor; 2. That the setbacks be in confonnity with the dimensions as set out in the application, as submitted; 3. That the appropriate building pennit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. If sketch of survey is required, the location of the sewage system should be verified also, and; 5. The location of the garage must be setback an additional 1.5 feet from the proposed location of 3.28 feet, as set out in the application. .. ...Carried." Additional infonnation regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Township of Oro-Medonte Committee of Adjustment Planning Report for July 17, 2003 Judith and Daniel Bryer A20/03 9 and 11 Beechwood Drive, Plan 1531, Lots 5 and 6 (Medonte) . THE PROPOSAL . The applicant has applied for the following relief to "legalize" the frontage and area of a severed and retained lot created by Consent application B8/03: . Required Proposed Minimum Frontage (Lot 5) 30 metres 22.3 metres Minimum Area (Lot 5) 0.2 hectares 0.14 hectares Minimum Frontage (Lot 6) 30 metres 19 metres Minimum Area (Lot 6) 0.2 hectares 0.17 hectares MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Residential Zoning By-law 97-95 - Residential Exception (R1*63) Zone Previous Applications - Consent Application B8/03 AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works and Roads Building Department Fire Department PLANNING FRAMEWORK Background On February 13, 2003, Committee approved Consent application B8/03. When the survey and deeds were submitted for authorization by the Secretary-Treasurer, it became apparent that the severed and retained lots do not comply with the minimum area and frontage requirements as set out in Zoning By-law 97-95. Notwithstanding that the severed and retained lots once existed as separate conveyable 101s, when By-law 97-95 came into force and effect on November 4, 1997, the subject "lot" complied with the minimum frontage and area requirements required by 97-95. When the severed and retained lots were subsequently severed, they effectively became "new" lots in the eyes of By-law 97 -95. As a result, a minor variance is required to provide relief from the minimum area and frontage requirements set out in the Township's new zoning by-law. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Residential. The primary function of the Residential designation is to permit a range of compatible uses appropriate for a settlement area including residential uses and accessory uses. The proposed variance, which would allow minor reductions in lot area and frontage would not appear to impact the character of the surrounding residential area. Does the variance conform with the general intent of the Zoning By-law? The primary purpose of establishing minimum area and frontage requirements is to maintain a lot size which is appropriate for the provision of a private water and septic system and to maintain an appropriate residential character within a residential area. On the basis that the severed and retained lots existed as separate lots for a number of years and appear large enough to accommodate a reasonable dwelling unit on a private water and septic system, the variance is deemed to conform with the intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Based on a site visit to the community, the proposed variances will provide suitable residential lots that are desirable and in keeping with the character of the community. Is the variance minor? The proposed variances can be characterized as minor reductions to the minimum area and frontage requirements, primarily on the basis that they will provide for reasonably sized residential lots. CONCLUSIONS 1. The requested variance is in keeping with the general intent of the Official Plan. 2. The requested variance is in keeping with the spirit and intent of the Township's Zoning By- law. 3. The requested variance will provide for the desirable development of the subject property. 4. The requested variance is deemed to be minor. RECOMMENDATION If Committee is satisfied that the application is appropriate, it is recommended that Committee approve application A20103. ~A)~ ../'v All of which is respectfu1ly submitted, )-~ 'foz.chris D. Jones MCIP, RPP Senior Planner Meridian Planning Consultants ." ... ~ -.- -:..-' ",,--,:,~"'_'--- "".~-". , ../" \t; ~ \ ' ~~~ ' ~ I) b'); Co I '\ ~ .. h1~. -. . z// ;{f . v . ~ ~ .~ .. '.. ...""..... . ..~' 7- . .;.8 "".$'- /~'$c" 134./6'. . . , Joe ~ . . \>> PAGE # 2 A PPLICA TION A-20/03 COMMITTEE OF ADJUSTMENT DECISION ,r-r , ",--1\ /,/) - , ,r-,) -/ I j v' l;:) ~. BE IT RESOLVED that: Moved by A])an Johnson, seconded by Joe Charles "That the Committee hereby Grant Minor Variance Application A-20/03 subject to the following condition: 1. The existing swail on future driveway should be lowered and culvert installed upon entrance inspection. .. ...Carried." Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. 0Ct) - / THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2003-075 Being a By-law to amend Zoning By-law No. 97-95 Part of Lot 2, Range 2 (former Township of Oro) Township of Oro-Medonte WHEREAS the Corporation of the Township of Oro-Medonte has received an application to Amend Zoning By-law No. 97-95; and, WHEREAS the Council of the Corporation of the Township of Oro-Medonte has approved the application; and WHEREAS the subject lands are Draft Plan approved for a nine lot residential subdivision and condition #5 of the approval requires rezoning of the lands to permit the residential development; and AND WHEREAS the passage of such a by-law will conform with the Official Plan; WHEREAS authority is provided pursuant to Section 34 of the Planning Act, R.S.O 1990, c.P.13 to pass this by-law; and NOW THEREFORE the Corporation of the Township of Oro-Medonte enacts that By-law No. 97-95 shall and is hereby amended as follows: 1. Schedule "A2" to By-law No. 97-95, as amended, is hereby further amended by rezoning the lands described as Part of Lot 2, Range 2, former Township of Oro, from the Agricultural/Rural (AlRU) zone to the Residential One (R1) zone and Open Space (OS) zone and Schedule "A- 1" attached hereto forms part of this by-law. 2. 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 and second time this 31sT day of July, 2003. By-law read a third and final time this day of ,2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule IA_11 to By-Law 2003-075 This is Schedule lA-II 10 By-Law 2003-075 passed the 31 sf day of July, 2003 /J ~ N Mayor J. Neil Craig Clerk Marilyn Pennycook _._...._----'"--"..~...~.-".,.- --".- .---,,~--,,-----,-,-'-"" Township of Oro-Medonle f \ " I......... ..-.. '\...- J if' c..", e'/-,. '$-~~t . /i ....0" 0' I \ . bj- THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2003-076 Being a By-law to amend Zoning By-law No. 97 -9~ Lots 56, 57, 58, 59, 60 and 61, Concession 2 (Medonte), and Lots 13 and 14, Concession 3 (Medonte) and Lots 16 and 17, Concession 10 (Medonte), Township of Oro-Medonte 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 Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS the location of the Environmental Protection Zone boundary on certain lands within Lots 56,57,58, 59, 60 and 61, Concession 2 (Medonte), and lands within Lots 13 and 14, Concession 3 (Medonte) and lands within Lots 16 and 17, Concession 10 (Medonte), now in the Township of Oro-Medonte is not correct; NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte enacts as follows: 1. Schedules 'A20' and 'A22' to Zoning By-law No. 97-95 as amended, are hereby further amended by changing the zone symbol applying to certain lands within Lots 56, 57, 58, 59, 60 and 61, Concession 2 (Medonte), and lands within Lots 13 and 14, Concession 3 (Medonte) and lands within Lots 16 and 17, Concession 10 (Medonte), now in the Township of 01'0- Medonte from the Environmental Protection (EP) Zone to the Agricultural Rural (AlRU) Zone as shown on Schedules 'A-1', 'A-2" and "A-3' attached hereto and forming part of this By-law. 2. 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 and second time this 31ST day of July, 2003. By-law read a third and final time this 2003. day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule IA_'I to By-Law 2003-076 This is Schedule 'A-I'lo By-Law 2003-076 passed the 31 sf day of July, 2003 !J ~ N Mayor J. Neil Craig Clerk Marilyn Pennycook v II I I I ~,o : 59 II -t--J I fr~ II 58 57 56 -- -~--- ~-- ~-- ~-- - --- - ----- ---~-- --- - ; Township of Oro-Medonte , / (p '. i ./ Schedule 'A_21 10 By-Law 2003-076 This is Schedule 'A-2' to By-Law 2003-076 passed the 31st day of July, 2003 f) ~ N Mayor J. Neil Craig Clerk Marilyn Pennycook :> ~ COUNTY ROAD #19 41-<1;y 1 0 1 o III ~ Lands to be rezoned from the Environmental Protection (EP) Zone to the Agricultural/Rural (NRU) Zone. -~-,-"-_._-_.._...----"---_._------.._-"_._--..._---~-_.~-'------' ----.---------.---.-,.. , Township of Oro-Medonte f. '. \ , , 0' , \p . j- Schedule 'A_31 10 By-Law 2003-076 This is Schedule 'A-3' to By-Law 2003-076 passed the 31 sf day of July, 2003 Mayor J. Neil Craig Clerk Marilyn Pennycook :!/; ~ - Z m 1.--- ~ Z .....-4 ~ 1.---~u 1.---~u IX X .: V7/1 Lan~s to be rezoned from the Environmental Protection (EP) Zone to the ~ Agr.lculturallRural (AIRU) Zone. .--..------.. () ~ N 16 15 @ Township of Oro-Medonte I U; ~ By-Law 2003-078 v-Law 2003-078 ly,2003 iJ ~ N Ik Ii'(;, LAKE SIMCOE ~'*6'6' ,rion Ten (RURl.lO) Zone to the .. .... "m_._"_ .~........._____._.____~.__.._ v Township of Oro-Medonte cJ)-1 Schedule 'A_" to By-Law 2003-079 This is Schedule 'A-" to By-Law 2003-079 passed the 3 1 st day of July, 2003 Mayor . . J. Neil Craig Clerk Marilyn pennycook !J ~ N J?<::s. (">) 1 ~ ~a~~s to be rezoned from the Residential Limited Service I- e mg (RLS-H) Zone to Ihe Shoreline Residential (SR) Zone.. .' .' 1/""" Township of Oro-Medonle f tv Schedule 'A_21 10 By-Law 2003-079 This is Schedule 'A-2' to By-Law 2003-079 passed the 31 sf day of July, 2003 /J ~ N Mayor J. Neil Craig Clerk Marilyn Pennycook (f) \Q @y~( y~" -y~" ---- Ie t2L}Lindi 10 be funned (rum Ihe Rluidcnrial Umhcd ServiceS Holdina (HJ..S.H) 2..unc '0 the ShouliftC! Rfl;dcnlill (SR) 2.<Ioc. LAKE SIMCOE \ I Township of Oro-Medonle / /oeJ- v j THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY -LAW NO. 2003-080 Being a By-law to amend Zoning By-law No. 97-95 North Part of Lot 15, Concession 9 (former geographic Township of Medonte) Township of Oro-Medonte. 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 Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS the Committee of Adjustment granted Provisional Consent to create nine new lots as per applications B18/02 and B19/02 on December 12, 2002; AND WHEREAS the Decision of the Committee of Adjustment was not appealed; AND WHEREAS one of the conditions of Provisional Consent was that the lands be appropriately zoned; AND WHEREAS it is deemed appropriate to re-zone the lands, provided the lands are also zoned with a Holding provision to ensure that appropriate agreements respecting water supply services are entered into before development occurs; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A24', to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbol applying to the lands located in the the north part of Lot 15, Concession 9 in the former geographic Township of Medonte, now in the Township of Oro-Medonte, from the Agricultural Rural Exception Fifteen (AlRU*15) Zone to the Residential One - Hold (R1-H) Zone as shown on Schedule 'A-1' attached hereto and forming part of this By-law. 2. The Holding provision applying to lands subject to this By-law shall not be lifted until Council is satisfied that: a) an agreement is entered into between the Owner and the Township that contains provisions regarding: the extension of the water system; the securities required to ensure that the water system is extended appropriately; the payment of money (if required) to the other landowners in the settlement area who funded the expansion of the water supply system; the payment of money to the Township that represents the owner's fair share of the cost of providing additional storage in the municipal water supply system; and, the timing of the issuance of building permits. b) all of the conditions of Provisional Consent set out in the Committee of Adjustment decisions dated December 12, 2002 have been fulfilled (B18/02 and B19102). 3. 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 and second time this 31sT day of July, 2003. By-law read a third and final time this day of ,2003. THE CORPORA TION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook (y , , --1 Schedule IA_'I 10 By-Law 2003-080 This is Schedule 'A-1' to By-Law 2003-080 passed the 31 sf day of July, 2003 f) ~ N Mayor J. Neil Craig Clerk Marilyn Pennycook Z ~-I'v @ OJ z 16 ~ rz:I Z ~ Lands to be rezoned rom the Residential One- old 15 14 icu rallRural Exception Fifteen (A/RU* 5) Zone to ne. Township of Oro-Medonte . . . ~ / ',< J I' ~ \ I t,JJJ./-t THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2003..()81 Being a By-law to amend Zoning By-law No. 97-95 for the purpose of placing a limit on the gross floor area of accessory buildings and structures in the AIRU Zone within the Township of Oro-Medonte 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 Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to restrict the area of detached accessory buildings and structures on small lots in the AlRU Zone; AND WHEREAS the passage of such a by-law will conform with the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte enacts as follows: 1. Section 5.1.6 to Zoning By-law No. 97-95 as amended, is hereby deleted and replaced with the following: Maximum Floor Area The maximum floor area of anyone detached accessory building or structure, excluding boathouses, is 70 square metres (753.5 square feet). However, on lots in the A/RU Zone with an area less than 2.0 hectares, the maximum floor area of anyone detached accessory building or structure may not exceed 100 square metres (1,076.4 square feet). This provision shall not apply to any accessory building or structure in the Mineral Aggregate Resource Two (MAR2) Zone. 2. 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 and second time this 31sT day of July, 2003. By-law read a third and final time this day of ,2003. THE CORPORA TION OF THE TOWNSHIP OF ORO-MEDONTE - Mayor, J. Neil Craig Clerk, Marilyn Pennycook 1, 11 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-073 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON THURSDAY, JULY 31, 2003. I . THE COUNCil OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOllOWS: 1. THAT the action of the Council at its Special Council Meeting held on Thursday, July 31,2003, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 31st DAY OF JULY, 2003. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 31st DAY OF JULY, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook