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11 06 2024 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Electronic Hybrid Meeting To h�p°� Wednesday, November 6, 2024 5:30 p.m. Proud Heritage, Exciting Future Closed Session following Item 7 Open Session immediately following Closed Session The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. Input on agenda items are welcome and encouraged by emailing planningcc oro- medonte.ca or registering to participate at a Development Services Committee meeting at the "Request for Participation Form" link below. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: Request for Participation Form • Protocols for Public Participation Council and DS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the Page 1 of 234 traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH- toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 16 a) Minutes of Development Services Committee meeting held on Wednesday, October 2, 2024. 10 02 2024 Development Services Committee Minutes 5. Public Meetings: 17 - 32 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendments to the Official Plan and Zoning By-law of the Township of Oro-Medonte, municipally known as 15 Guest Road, 2024-OPA-02 (15 Guest Road Inc.). Notice of Complete Application & PM 5a Presentation 5a Agent's Presentation 33 - 42 b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 12, West Part Lot 22, Township of Oro-Medonte (formerly Oro), municipally known as 1667 Ridge Road East, 2024-ZBA-12 (Hang Gao & Xu Han) [Refer to Item 7d) and Item 5b) 11 06 2024 Council Agenda]. Notice of Complete Application & PM 5b Presentation 43 - 52 c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Particulars Page 2 of 234 and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 9, West Part Lot 24, municipally known as 404 Ridge Road East, 2024-ZBA-15 (Hubbert) [Refer to Item 7e) and Item 5c) 11 06 2024 Council Agenda]. Notice of Complete Application & PM 5c Presentation 6. Public Hearings: 53 - 73 a) 6:15 p.m. DS2024-132, Yubing Fan, Planner re: Minor Variance Application 2024-A-49, Langman, 2591 Bass Lake Sideroad East. DS2024-132 6a Presentation 74 - 92 b) 6:25 p.m. DS2024-130, Yubing Fan, Planner re: Minor Variance Application 2024-A-50, Broad, 119 Lakeshore Road West. DS2024-130 6b Presentation 93 - 113 c) 6:35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-51, Dunn, 1793 Line 4 North. DS2024-126 6c Presentation 114 - 136 d) 6:45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-52, Tom Wallace & Kaitlyn Badour, 22 Slalom Drive. DS2024-127 6d Presentation 137 - 164 e) 6:55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-15, 76 Blueberry Marsh Road. DS2024-133 6e Presentation 6e Agent's Presentation 165 - 183 f) 7:05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-45, Brianne & Calvin Irwin, 55 Cathedral Pines Road. DS2024-134 6f Presentation 7. Reports of Municipal Officers: 184 - 191 a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Request— Zoning By-law Amendment Application 2024-ZBA-04 (Frost) Options Report. DS2024-137 192 - 200 b) DS2024-131, George Vadeboncoeur, Manager, Planning Special Projects re: Page 3 of 234 Zoning By-law Amendment Application 2024-ZBA-10, ATS Holdings Corporation, 1904 Old Barrie Road East [Refer to Item 5a) 11 06 2024 Council Agenda]. DS2024-131 201 - 215 c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023-A-54 Revised, Miroslawa & Stefan Merena, 77 Shoreline Drive. DS2024-138 216 - 223 d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning By- law Amendment Application 2024-ZBA-12, Hang Gao & Xu Han, 1667 Ridge Road East [Refer to Item 5c) 11 06 2024 Council Agenda]. DS2024-129 224 - 234 e) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment Application 2024-ZBA-15, Sherry & Donald Hubbert, 404 Ridge Road East [Refer to Item 5b) 11 06 2024 Council Agenda]. DS2024-135 8. Closed Session Items: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning, Special Projects re: Solicitor-client privilege (West 1/2 Lot 11, Concession 8). d) Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning, Special Projects re: Litigation affecting the municipality. Solicitor-client privilege (UCCI Consolidated Companies Inc., Applicant Appeal to the Ontario Land Tribunal). 9. Next Meeting Date: December 4, 2024. 10. Adjournment: a) Motion to Adjourn. Page 4 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte �~ Township of Development Services Committee Minutes (W Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, October 2, 2024 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard Councillor David Clark Councillor Robert Young Regrets: Councillor Richard Schell Staff Shawn Binns, CAO; Yvonne Aubichon, Clerk; Brent Spagnol, Director, Present: Development Services; Andy Karaiskakis, Manager, Planning Services; George Vadeboncoeur, Manager, Planning, Special Projects; Catherine McCarroll, Senior Planner; Brianna Belcourt, Policy/Special Projects Planner; Yubing Fan, Planner; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our Page 1 of 12 Page 5 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC241002-1 Moved by Clark, Seconded by Hutcheson It is recommended that the agenda for the Development Services Committee meeting of Wednesday, October 2, 2024 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: Councillor Schell declared a conflict of interest on Item 4c) Brent Spagnol, Director, Development Services, re: Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's)). Councillor Schell submitted the following: I own and operate a short-term rental property. Councillor Schell was not in person to make the declaration. 4. Closed Session Items: a) Motion to go In Closed Session. Motion No. DSC241002-2 Moved by Bard, Seconded by Greenlaw Be it resolved that we do now go in Closed Session at 5:33 p.m. to discuss • Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's). Carried. Page 2 of 12 Page 6 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. b) Motion to Rise and Report. Motion No. DSC241002-3 Moved by Hutcheson, Seconded by Bard Be it resolved that we do now Rise at 5:48 p.m. at which time we shall Report on the Closed Session Item 4 c) Brent Spagnol, Director, Development Services, re: Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's)). Carried. c) Brent Spagnol, Director, Development Services, re: Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's)). Councillor Schell declared a conflict of interest on Item 4c) Brent Spagnol, Director, Development Services, re: Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's)). Councillor Schell submitted the following: I own and operate a short-term rental property. Councillor Schell sent his regrets for this meeting. The following staff were present: Shawn Binns, CAO; Yvonne Aubichon, Clerk; Brent Spagnol, Director, Development Services; George Vadeboncoeur, Manager, Planning, Special Projects; Laura Dean, Aird & Berlis LLP. Motion No. DSC241002-4 Moved by Greenlaw, Seconded by Hutcheson Be it resolved 1 . That the confidential memorandum correspondence dated October 1 , 2024 from Aird & Berlis LLP and presented by Brent Spagnol, Director, Development Services and Laura Dean, Aird & Berlis LLP, re: Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's)) be received. 2. That staff and legal counsel proceed as directed by Council. Carried. Page 3 of 12 Page 7 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. 5. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, September 4, 2024. Motion No. DSC241002-5 Moved by Young, Seconded by Clark It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, September 4, 2024 be received and approved as printed and circulated. Carried. 6. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, East Part of Lot 10, Concession 12, Township of Oro-Medonte (formerly Oro, County of Simcoe), municipally known as 1904 Old Barrie Road East, 2024-ZBA-10 (ATS Holdings Corp). Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Al Sinclair. The following correspondence was received: Bell Canada dated September 11 , 2024; Township of Oro-Medonte, Operations Division dated September 11 , 2024; Township of Oro-Medonte, Building Division dated September 17, 2024; Severn Sound Environmental Association dated September 18, 2024; Enbridge Gas dated September 20, 2024; County of Simcoe, Planning Department dated October 2, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Al Sinclair, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 4 of 12 Page 8 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. b) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Lot 114, Plan M-118, Township of Oro-Medonte (formerly Oro), municipally known as 26 Howard Drive, 2024-ZBA-13 (Donald & Gail Webster) [Refer to Items 8c) and Items 5c) and 5d) 10 02 2024 Council Agenda]. Deputy Mayor Lavoie called the meeting to order and explained the public meeting is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Donald & Gail Webster. The following correspondence was received: Bell Canada dated September 11 , 2024; Township of Oro-Medonte, Building Division dated September 17, 2024; Township of Oro- Medonte, Operations Division dated September 18, 2024; Enbridge Gas dated September 23, 2024; Lake Simcoe Region Conservation Authority dated September 27, 2024; Terry Mason and Mary-Jane Mason-Wells dated September 30, 2024; Errol Hempel dated October 2, 2024; Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Gail and Donald Webster, applicants, were present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. Page 5 of 12 Page 9 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. 7. Public Hearings: a) DS2024-115, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-54 Revised, Miroslawa & Stefan Merena, 77 Shoreline Drive. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Stefan & Miroslawa Merena. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 18, 2024; Township of Oro-Medonte, Building Division dated September 26, 2024; Breg Engineering dated September 27, 2024. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Orest Stoyanovskyy, agent on behalf of applicant, was present by zoom. The following provided verbal comments: Justin Bregg, on behalf of Yvonne Bregg, provided comments of the changes that had been made from the last application, comments with the current application regarding building height size, elevations, occupancy concerns, septic system, position of the building to the septic system, increase in volume and floor area, setback measurements, the high elevations, blocking of views and lighting. They are not in favour of either of the proposals as presented. Michael Unwin provided comments regarding globally as noted previously, not a minor variance, significant change to the size of the land, height of auxiliary building, blocking the view from his property to view lake, accessory building seems to intends to be used other than storage, concern of future owners using it as a secondary living space, and his previous comments submitted are still in effect. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the hearing adjourned. Page 6 of 12 Page 10 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. Motion No. DSC241002-6 Moved by Bard, Seconded by Young It is recommended 1 . That DS2024-115, Catherine McCarroll, Senior Planner re: Minor Variance Application 2023- A-54 Revised, Miroslawa & Stefan Merena, 77 Shoreline Drive be received and adopted. 2. That Minor Variance Application 2023-A-54 Revised by Miroslawa & Stefan Merena specifically for permission to build a detached accessory building (garage) with an increase in height of 5.21 metres (17.1 feet) and increase in floor area of 148.6 square metres (1 ,600.0 square feet) and build an addition to the existing non-complying single detached dwelling which increases the floor area of the dwelling by 83.1 square meters (894.5 square feet) within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe and within the required 3.0 metres (9.8 feet) interior side yard setback, on lands municipally known as 77 Shoreline Drive, Township of Oro- Medonte, be deferred to provide the applicants the opportunity to address Building Staff's comments. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. b) DS2024-113, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Applications 2024-A-46, 2024-A-47 and 2024-A-48, Lots 205, 206 & 207, Plan 51 M-1268, Eagles Rest Estates. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Eagles Rest Estates Inc. The following correspondence was received: Township of Oro-Medonte, Operations Division dated September 18, 2024; Township of Oro-Medonte, Development Engineering dated September 18, 2024; Township of Oro-Medonte, Building Division dated September 24, 2024. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Greg Barker, agent on behalf of applicant, was present. A PowerPoint presentation was presented. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Page 7 of 12 Page 11 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC241002-7 Moved by Clark, Seconded by Bard It is recommended 1 . That DS2024-113, George Vadeboncoeur, Manager, Planning Special Projects re: Minor Variance Applications 2024-A-46, 2024-A-47 and 2024-A-48, Lots 205, 206 & 207, Plan 51 M-1268, Eagles Rest Estates be received and adopted. 2. That Minor Variance Applications 2024-A-46, 2024-A-47 and 2024-A-48, submitted by Eagles Rest Estates Ltd., specifically to permit an interior side yard setback of 1 .6 metres (5.2 feet) on the north side of Lots 205, 206, and 207, Registered Plan 51 M- 1268, be approved subject to the conditions as outlined in DS2024-113. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 8. Reports of Municipal Officers: Vl** a) DS2024-111, Brianna Belcourt, Policy & Special Projects Planner re: Zoning By-law Review Process Update. Motion No. DSC241002-8 Moved by Hutcheson, Seconded by Clark It is recommended that DS2024-111, Brianna Belcourt, Policy & Special Projects Planner re: Zoning By-law Review Process Update be received for information only. Carried. Page 8 of 12 Page 12 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. b) DS2024-112, Brianna Belcourt, Policy & Special Projects Planner re: Provincial Planning Statement, 2024 Summary. Motion No. DSC241002-9 Moved by Bard, Seconded by Greenlaw It is recommended that DS2024-112, Brianna Belcourt, Policy & Special Projects Planner re: Provincial Planning Statement, 2024 Summary be received for information only. Carried. c) DS2024-117, Andy Karaiskakis, Manager, Planning Services re: Temporary Use Zoning By-law for Garden Suite (Granny Flat), 2024-ZBA-13 (Webster), 26 Howard Drive [Refer to Items 5c) and 5d) 10 02 2024 Council Agenda]. Motion No. DSC241002-10 Moved by Young, Seconded by Clark It is recommended 1 . That DS2024-117, Andy Karaiskakis, Manager, Planning Services re: Temporary Use Zoning By-law for Garden Suite (Granny Flat), 2024-ZBA-13 (Webster), 26 Howard Drive be received and adopted. 2. That Zoning By-law Amendment Application 2024-ZBA-13 and Temporary Use By-law 2024-100 (Webster), specifically to permit a Garden Suite for the lands municipally known as 26 Howard Drive for a period of up to twenty (20) years, be approved. 3. That the appropriate staff bring forth the By-laws to adopt a Temporary Use By-law and to execute an agreement for the lands known as 26 Howard Drive, Township of Oro- Medonte, for the purposes of a Garden Suite for a period of up to twenty (20) years for Council's consideration. 4. That the applicant be advised of the Development Services Committee's decision under the Director, Development Services' signature. Carried. Page 9 of 12 Page 13 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. d) DS2024-118, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment Application 2022-ZBA-04, Shanty Bay Estates Ltd., Concession 3 South Part Lot 27 Part Lot 28 Reference Plan 51 R19629 Parts 1 to 4 (Oro), [Refer to Item 5b) 10 02 2024 Council Agenda]. Motion No. DSC241002-11 Moved by Hutcheson, Seconded by Young It is recommended 1 . That DS2024-118, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment Application 2022-ZBA-04, Shanty Bay Estates Ltd., Concession 3 South Part Lot 27 Part Lot 28 Reference Plan 51 R19629 Parts 1 to 4 (Oro) be received and adopted. 2. That Zoning By-law Amendment Application 2022-ZBA-04 by Shanty Estates Ltd. for Concession 3 South Part Lot 27 Part Lot 28, Reference Plan 51 R19629 Parts 1 to 4 (Oro), Township of Oro-Medonte, that would amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Agricultural/Rural (A/RU) Zone to the Residential One Exception 361 Hold (R1*361(H)) Zone and Open Space (OS) Zone on Schedule A2 to Zoning By-law No. 97-95, as amended, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. That pursuant to By-law 2021-133 (Delegation of Subdivision and Condominium Approval Authority), that the Director, Development Services approve Draft Plan of Subdivision Application 2022-SUB-01 (Shanty Bay Estates Ltd.) consisting of Eight-Six (86) single detached dwelling lots, a parkland block, and a stormwater management block and walkway/drainage block, as shown on Schedule 2 to this report be approved, subject to the conditions set out in Schedule 3 to this report. 5. That the applicant be advised of the decisions under the Director, Development Services' signature. Carried. Page 10 of 12 Page 14 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. e) DS2024-119, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-15, 12 West South Inc., 9647 Highway 12 [Refer to Item 5a) 10 02 2024 Council Agenda]. Motion No. DSC241002-12 Moved by Clark, Seconded by Hutcheson It is recommended 1 . That DS2024-119, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-15, 12 West South Inc., 9647 Highway 12 be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-15 by 12 West South Inc. for 9647 Highway 12, Township of Oro-Medonte, that would amend Zoning By-law No. 97- 95, as amended, by rezoning the subject lands from the "Residential One Hold" (R1(H)) Zone to the "Residential One Exception 360 Hold" (R1*360(H)) Zone, "Residential One Exceptions 360 and 364 Hold" (R1*360*364(H)) Zone, "Institutional" (1) Zone and "Open Space" (OS) Zone on Schedule A21 to Zoning By-law No. 97-95, as amended, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. That pursuant to By-law 2021-133 (Delegation of Subdivision and Condominium Approval Authority), that the Director, Development Services approve Draft Plan of Subdivision Application 2021-SUB-02 (12 West South Inc.) consisting of eleven (11) single detached dwelling lots, a stormwater management block, walkway block and institutional block to be transferred to the Simcoe County District School Board as shown on Schedule 2 to this report be approved, subject to the conditions set out in Schedule 3 to this report. 5. That the applicant be advised of the decisions under the Director, Development Services' signature. Carried. 9. Next Meeting Date: November 6, 2024. Page 11 of 12 Page 15 of 234 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, October 2, 2024. 10. Adjournment: a) Motion to Adjourn. Motion No. DSC241002-13 Moved by Greenlaw, Seconded by Bard It is recommended that we do now adjourn at 7:15 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Secretary-Treasurer, Andy Karaiskakis Page 12 of 12 Page 16 of 234 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for 0 Proposed Amendments to the Official Plan and laved I/niiMr.F,+dtlwt F.....,. Zoning By-law of the Township of Oro-Medonte REVISED 2024-OPA-02 (15 Guest Road Inc.) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to be a "Complete Application" pursuant to the Planning Act on the 91h day of May, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on November 6, 2024 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on the proposed Amendment to the Official Plan. The subject lands are located at 15 Guest Road. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be amended are included with this notice. The purpose and effect of the proposed Offiical Plan Amendment is to establish a site specific exception under Section 2.5 (Agricultural)of the Township's Official Plan, to permit an aggregate depot that includes open storage of sand and stone to be used for local landscaping and construction projects, 3 sea containers in proximity to the stockpiled aggregate material and a small silo to be used storage of Portland cement. This site would operate seasonally from April to December and daily activity varying according to the local customer demands. Input on the draft amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/working-here/township-departments/plan n ing- information/ Written submissions can be made by: 1. Emailed to planninq(@oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application is part of the public record and is available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(&oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made Page 17 of 234 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... available through the agenda process which includes publication on the Township's website. If a specified person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Township of Oro-Medonte to the Ontario Land Tribunal but the specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the proposed official plan amendment is adopted, the specified person or public body is not entitled to appeal the decision. If a specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro- Medonte before the proposed official plan amendment is adopted, the specified person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the specified person or public body as a party. Notwithstanding the above, subsection 17(36)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Official Plan Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services Dated at the Township of Oro-Medonte this 13th day of September, 2024. Location Map Airport Rd(PVT) z d J� J ai co c J G ®$UbJE[[ldlld5 2024-OPA-02 (15 Guest Road Inc.) Revised Page 18 of 234 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan/Official Plan Amendment Sketch HIGHWAY NO.11 T— PART 5 PAR 1 6 PART 7 11 1 s h uw za3u wee i a • ®ti uwrrae ` 6 1TA 8 �8, t.lUnE22 '�y"�^7 Oi SITE PLAN ow.�xr�c 01JUNE22 DV I S-22-MIYA641 2122654 ONTARIO INC. 26 BENARV CRES "x'rah Toronto,Onlarlo M1H 1L1 Phme:141618.T4-5W6 2024-OPA-02 (15 Guest Road Inc.) Revised Page 19 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... I I I_I ry=Laui� -- S_L.aui�_ w O _ U U • • 1. M Q O N � �N 9 r^ 2 C / O J Q CN �. 0 Q v :3 C:L }, 1 N O N .L (n M L •R (n 0) U Q LO _ W O t6 •L (D —0 Q) • L O 0 Q ■2 C� •— i J p � � N O Page 20 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... � w �iw 01 z +� a O U a a U z r 711 UCn _ N r Co � � as 0) E :3 a) Cn � 0- O U O •(3) W ca Q N x 0 0 > ' p a) o � a) Q � � a) � i U a) c O M °LI-- M _0 (.5N a) ^ U ° ' 0- 0 C: :3 O O 0) cn O t6 � — L O E O U OFn p cv •T) L i= 0 0 (n Co U `n 0- o o U o N O (n U L U) � a) a) (6 O /O � O ca Q i.i L U '(� 'L (� L L •V O i E OU a .0 O O O U c o O U E co Page 21 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Q 'rt �} w o x .a F= W M FL f o ., � ��� ssawi `� S u n �i'� I � 7— � U� rn E V r W � Q N J O CJ ca Q Ln O N � O Q N Ln a as a Page 22 of 234 5.a) 5.30 p.m. ,,Notice of to Application, Notice of Pa... 1 3j� i Q O U � � O _c ry C: (n 'Y CD -- 1 O 1 N O N N ! ! as Page 23 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... w 4 � C Or+� L 1 1 1 a� t. i � •-�_I F�' f 61 a . 5 r 4 � p Ory N N W � Q � O � � � w O .0 N � O ON I zi Page 24 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... I O ■ � O c Q ry w U) Lf� o d � c� Q # >¢ ;, °o 20 CN 1 f.� xs � �fr Page 25 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... ■ _ U Q O 1144 U) 0 , ■W, �. �7ry'.�..3 Sul Iri y�a�,.� � LO o r O Q CN O ■U � N _ � O ON r' In?v� Page 26 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... U (n Mc Q N Q �FU x 2 (n � O � ° E .L) o •� O (n — U � � a� � o � EL •� ° 4- j 4- j U t6 U N N �--0 N � o ° 4-0 LO a� E � ago � � � N � L � � (n }' •O U (N O cn _ . . �cn (n O M ON Q � � o � ° °' ° O ,� O Cu ( ° � � •V (n -0 N Q O E Q Q = N Q O N ° •U ° .(nE _ L CM O Q ° °U M U Page 27 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of N r O 0 Or- O N DCw m �0 w O O � z O w w O N � (a) Ln _j OL. DC �I Page 28 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application-, Notice of - s c� • +J U +. C6 }"+d � r �a 9 5'' k; E P M U O . �rt Page 29 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of P � f v 9 N h N s� u5 '� ¢ m S m 'o S a w d E ve ° m ° v� ❑ Z v �i a d o d Q E E J a w 2 -� 3 t, a b —L' = E h � s c �i a s g g N w a e a ¢ � s c°) w 'Y M w` w` 0 0 g i Z W iL O U 0 0 CD J 0011 100 ®1� �f1 1 a 0 G N E W ` 0 z O 00 O — LL '� � a Q V {J r1 any U n T .` QQ ' tiny f W.. r, IO � v 1 L� a-J 4_j o a, b� O s a, a.) C s � N _b.0 s a-1 O O +� tl N aJ -0 a) -0 � cn � a) >' O C J 0 �--+ O � O aJ i +-j O O .(M i 0 � O i ON N a O N W }' sw � co oU Page 30 of 234 5.a) 5:30 p.m. N tic f lRecEirt of a Conplet prilicatioi- Notice of Pa... mF Y u aa� v m a Ir N � GS O N m m L w m C1 C 7 m m � s r N °arnu C� ticp7,; � 01 Cu � �m � w c �� w u d m c a N a � ° �cc -�w � gyjhp•� c � v cfii ,whU y ` o= $ oQmyl � 'U 000hwh o�''c cw cam W ayio a UUwu °a 4444vvia� 3aT a Ica a wu o o - I rCmF U � t7 3 n f. O d Page 31 of 234 5.a) 5.30 p.m. Notice of Receipt of a Complete Application-, Notice of Pa... ? Z z 018m � s rvn (Di O - F Q I I Ln N ru 0O N � � aj Fu r- N +�-+ O 4-1O O Ln Cx ru aj Ln N to � o o M c6 O aj Ln 0 U N - O O Ln }' •� Q •aj O O v Q cn +j +, B� oai W v aj ^ �_ i U LPL OJ }' N O U W U U Ln W O L_ -0 Ln p O Ul CL 4A c a- a.)4-1 O M O O O in- cn O Page 32 of 234 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access wtiroa�a Notice of Public Meeting for 0 M-4. F.'x.lr:.t l..�.. .�I eu�o�tl� Proposed Amendment to the Zoning By-law of Pn...d Itntrw•�. �� the Township of Oro-Medonte 2024-ZBA-12 (Hang Gao&Xu Han) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 22nd day of August, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on November 6, 2024 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 12, West Part Lot 22, Township of Oro-Medonte (formerly Oro), municipally known as 1667 Ridge Road East. A key map illustrating the location of the subject lands is included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone a portion of the subject lands from the Agricultural/Rural Exception (A/RU*15)Zone to the Residential One (R1)Zone. This application is to fulfill a condition of Consent Applications 2024-B-08, 2024-B-09 and 2024-B-10 that were conditionally approved on August 7, 2024 for the purpose of creating three (3) new residenital lots fronting onto Ridge Road East. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ninq(a)oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(u)_oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 33 of 234 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a specified person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Township of Oro-Medonte to the Ontario Land Tribunal but the specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the proposed by-law is passed,the specified person or public body is not entitled to appeal the decision. If a specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro- Medonte before the proposed by-law is passed, the specified person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the specified person or public body as a party. Notwithstanding the above, subsection 34(19)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services plan ninq(cDoro-medonte.ca Dated at the Township of Oro-Medonte this 31 day of October, 2024. Location Map N I CRidge_R&E d�br �J fQ L i i ®Sub)ed Lands �Shewc j n o Rd._ Page 34 of 234 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch DAYLIGNTING LOT LINE �1 yDGE ROAD TRIANGLE peep puLL WE. PRDPOSED E 15.00 m I 15.22 m 30.10 m nousERG DRILL WELL (reel RIME RO E) 11,97 mm 15.01 m \ v 7.20 m 6.50 m S 3 13.54 m 16.50 m 4,61 m P' ?.e 1 OOE` Y oro F 36 ALLEN 1 R,�eoE R� 3 o a E o zeseoo P E STREET oust m F III 14.65��}r+— w 3 e 3 N W S 3 NJ 9 J E 3 0 1 ff 1 3 7.0 m I Fllter Bed m 5m%7m LOTx1 I 1 3 7 53 m Fil[er Bed a.20ha �oE 6.80 in .80m 5mx7m COOtact CONTACT Area \ An inr<e E AREA 7m%17m 7M%S7M 53.30 m Teo L(ITx2 LOTx3 �RinE noEA 0.20ha 0.20ha •Nn�rzoM use LIRE!WE uae 29.01 m KA1 m Retained land LANDS TO BE REZONED FROM P-pO mal LEE III- y AGRICULTURALIRURAL EXCEPTION (1667 Ridge Rd E) (All ZONE TO RESIDENTIAL ONE (R1)ZONE Page 35 of 234 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... �} w o x .a F� T - 4-- E� o CO ° - a� (D s CV J N Q m Q N C: 4--a o — o �, cv � w � 00 c� E o C CO U CO CM ca O • • +� ._ tM J N Q O V Page 36 of 234 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... r � � Y hpi t . �z J I II rr ' �N J i` 1 YrD. a� as �t Q N m o .U) N ca o 0 M j C) 4-0N O N .-. W N +� C C 0 O }' C N _0 N V C O a) cn a-=' C) �" N to CD- O cn X 13� Q O }, O O M N LU N C i � •V }, CD O C N Qm o M O m o C N C M C C EL O C U) Q O m M N N MU C C C M O O O N O L N� O t6 IL o 0 0 0 W Page 37 of 234 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... w `1 w o x a y�®R U4ntSO nc � 7 O Ea g /// 72.05 m '9 19.93 m m LLJ O E I I m i 3 �, E w ur" 1 r, 2 W F }� /I� jn S I8.75 m E ©V CD 9 a .. I p? E W W n JWZ wV„ M(DV000 ' CW Z wa0N ' -------`-`----_m ------- Cn W ead fn QJ u N- 34.31m Zcc /W r � J E ss ag a 6EF n N w 00 8 7P w 81'f I E� ❑` E R " Cz O q 0 9� h Fn _0 T3 � Nw m2z. r 0. J W &S i W O N • • r. Cn M tM .2 r. ma .- CL a N Page 38 of 234 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... p1 'yy' 4 O N O }0Cu 0 N Q o 3 N ff Q N 1 •C$'In, ir,� J il`l�I�ii!�fli10, VIA V YiIL Page 39 of 234 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of ParF ... V 4-0 Cu if y s F U o i Q ^ o O � o N N ._ M M O N O L i 2O W i I Page 40 of 234 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... " 4 Y. W O � N 4--+ L. Cu d Y _ O v � N N Q Co m � � • N C J Page 41 of 234 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... CU O L � w N p (n cn ° U i t6 O •Q N � Q C/) O N 4 }, O N E Ea U N > Q O +� C� •a� c� c cn No N � ° (n o (n � CDC Q N CM N Co E p O Q N > a N O M m L� � � �' o a� C: 0 N � •° o Cu : — (n O — E O ca •� a� U 0- Q) ov - o Q ° U Page 42 of 234 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access wtiroa�a Notice of Public Meeting for 0 M-4. F.'x.lr:.t l..... .�I eu�o�tl� Proposed Amendment to the Zoning By-law of Pn...d Itntrw•�. �� the Township of Oro-Medonte 2024-ZBA-15 (Hubbert) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 251h day of September, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on November 6, 2024 at 6:00 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 9 West Part Lot 24, municipally known as 404 Ridge Road East. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone a portion of the subject lands from the Agricultural/Rural (A/RU)Zone to the Rural Residential Two (RUR2)Zone. This application is to fulfill a condition of Consent Application 2023-B-02 that was conditionally approved on December 6, 2023 for the purpose of a boundary adjustment to be added to 400 Ridge Road East. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to planninq(@oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(&oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 43 of 234 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a specified person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Township of Oro-Medonte to the Ontario Land Tribunal but the specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the by-law is passed, the specified person or public body is not entitled to appeal the decision. If a specified person or public body does not make oral submissions at a public meeting, or make written submissions to The Corporation of the Township of Oro-Medonte before the by-law is passed, the specified person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Notwithstanding the above, subsection 34(19)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services plan ning(@oro-medonte.ca Dated at the Township of Oro-Medonte this 151h day of October, 2024. Location Map � J d __o�Rid9 J I ' L Subject Lands �- Page 44 of 234 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan/Zoning Sketch TOWNSHIP OF ORO—MEDONTE -bye. ...a]A.1.„ moo. or N.01 pay 23'.N24 COUNTY OF SIMCOE / ' .s c1n_s y Re( forme OT Imd ReyV1—fad¢ Lmd TNp Diwi®of N 00 PLOT SIZE Of 1M5 R1M 5 g 0 T _ 2 3 Simooe(No.SI) T 111 9!fitOrnrri IH MD0+1 M M1FT10.0TIED. J.C.STANTON O.L.S., O.L.P.,c Lands conditionally severed from 404 Ridge Road East 2024 through Consent Application 2023-B-02 for the purpose of a boundary adjustment to be added to 400 Ridge Road East. 2 These lands are to be rezoned from the Agricultural/Rural (A/RU)Zone to the Rural Residential Two (RUR2)Zone. - 1 c°N�� AARp a rv,`2a CN /f �M - 0 , eWiry, Q / c PART 21 400 Ridge Road East `ate-------------------��° C/ ':= (Currently Zoned ].uN�e: --- .�'�-------- --------------------•----------s..-.----------------------- ------ Rural Residential Two RO AO WI I NI NZ (E%P RO P R I AT I ON PLAN R021 >351) (RUR2) S I M C 0 E C O U N T Y R 0 A D N o. 2 0 (ALSO MM 0WN AB) "---------------' R I D G E R 0 A D Page 45 of 234 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... d T o x d �a— � a S 8 auil = J UD N � � }, DCn a, � p w Qw O j U O 'L- cn O i O O '� Nw O t� Page 46 of 234 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... � w � Y w c N 'ti ICC N a .� Cfi von m 7 12- O +-j 9 p , Lij M SO S' v ry 13 u , Oct @ L1J � Cis W O E1 M� N nr'1 O t6 CD O O NT � N }' 0/ O O jN L� - a-J O O C N +� C N M> CDN cn O 0p N W N 4-j •� .� Q L L O }' > O V_ MO +- V O U c)- Q 0-as ca 4-1 o }, O N N O co N 0 � _ O N E o ° p ) a� u � aiC -0 1 � _ C: CO _0 O NO o CuN o o can Q OU C) -0 Of Page 47 of 234 5.c 6.00 p.m. Notice of Receipt of a Complete.Application; Notice of Pa... w } w 4 5 rc a. 3 3 O _3F OI� ra 9 OO W 4 {L + a i N e rL Oo I Q U i y �o OJ N L. `^�) 4-0 a. EyOYIr .A r aW. rn.. vr... LA LO AU 9 rrna r�, N N 1 S s � O w J 7 N � W IC �E 4 O t rL a% 48 of 234 5.c) 6.00 p.m. Notice , eceipt of a Complete Application; Notice of Pa... rt X, W o x 0 r J UD ca W Q m o - CV o •- >, r J m N N .� cn ', 'Page 49 of 234 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... in s� t r w � t x H S U s � V .� ^ 4�p , •' i t W � LO E §� kr • O -5 bf ji rZ Nx IA I�11i1p10 I�� Y/ W Page 50 of 234 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... J I � R t w .0. O � �� LL U 5 W .— o O LO N N � a� � N Page 51 of 234 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... O L � w N p (n cn 0 U i t6 O •Q N � Q C/) 0 N 4 }, O N C� 000 0 >1 � 0 � '� 4-5 Q (D N N t6 E Q N N D Q O Q > O + O L >> p 4-0 m N L E (n cn a) 0 C N Cu -0 : � — � o � a� 0 — U CL (D o o Q 00 Page 52 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... - �W (W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Yubing Fan, Planner Meeting Date: November 6, 2024 Report No.: DS2024-132 Subject: Minor Variance Application 2024-A-49, 2591 Bass Lake Sideroad East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-132 be received and adopted. 2. That Minor Variance Application 2024-A-49, specifically to permit the construction of an agricultural building in the Environmental Protection (EP) Zone, on lands municipally known as 2591 Bass Lake Sideroad East, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-132. 3. The conditions are as follows: a) That notwithstanding Table A5 and Section 5.27 of Zoning By-law 97-95, the proposed agricultural building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed agricultural building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and; c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services November 6, 2024 Report No. DS2024-132 Page 1 of 10 Page 53 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-49, which is intended to provide relief from the comprehensive Zoning By- Law to facilitate the construction of an eass`a`es'd.E. agricultural building (for hay storage) in the Environmental Protection (EP) Zone. The subject property is located at 2591 Bass Lake Sideroad East. The property _ fronts onto Bass Lake Sideroad East to the north and Line 14 North to the west. - The property has a lot area of 40.84 hectares (100.91 acres); the north half of the property is farmland, while the south portion contains a significant woodland, flood plain, evaluated wetland and unevaluated wetland. The property currently contains a single detached dwelling, a detached accessory building (garage), and several agricultural buildings. The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The subject property is zoned Environmental Protection (EP) and Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The applicants are proposing to construct an agricultural building (for hay storage) in the Environmental Protection (EP) Zone and are seeking relief to the following sections of Zoning By-law 97-95, as amended: 1) Table A5 — Permitted Uses in the Environmental Protection Zone Required Proposed Agricultural buildings are not Construct an agricultural building permitted in the EP Zone in the EP zone 2) Section 5.27 — Setbacks from Limits of Environmental Protection Zone Required Proposed Minimum 30.0 metres 0 metres 98.4 feet 0 feet Development Services November 6, 2024 Report No. DS2024-132 Page 2 of 10 Page 54 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... Analysis Provincial Planning Statement The Provincial Planning Statement (2024) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 2.5 — Rural Areas, Section 4.1 — Natural Heritage, and Section 4.3 —Agriculture are applicable to this application. In Planning Staffs opinion, the proposed development is consistent with these policies as the applicants are proposing to build an agricultural building, which is one of the permitted uses in prime agricultural areas. Furthermore, the proposed development is located more than 120 metres (393.7 feet) from the key natural heritage features, specifically significant woodland, flood plain, unevaluated wetland and evaluated wetland (see Schedule 3: Township Official Plan — Natural Heritage, Water Resources and Natural Hazards); therefore, it is not anticipated to have an adverse impact on these nearby natural heritage features. The Nottawasaga Valley Conservation Authority (NVCA) regulates the subject lands, and Staff have circulated notice of the application to the NVCA. As of preparation of this report, Staff have yet to receive comments from the NVCA; Committee should have regard to any comments that may be received. Note: For applications to extend a legal non-conforming use, the consideration is to be based upon both the desirability for development of the property in question and the impact on the surrounding area. An application for an extension of a non-conforming use does not have to meet the four tests for a minor variance. County and Township Official Plans The property is designated `Greenlands' in the County of Simcoe and Township Official Plans. The intent of the `Greenlands' designation is to protect and restore the natural heritage system. Permitted uses in the `Greenlands' designation include the proposed agricultural use. According to Section 3.8.16 of the County's Official Plan, legally existing uses within the Greenlands system will be recognized and can continue. The intent of the `Greenlands' designation on an active farmland is not meant to restrict the use or to reduce the economic viability of the use. Section 2.13.14 of the Township's Official Plan outlines the policies for lands within 120 metres of the boundary of key natural heritage features. Specifically, Section 2.13.14.3 states that no development or site alteration shall be permitted on these adjacent lands unless an Environmental Impact Study (EIS) is completed and demonstrates that the proposal will have no negative impact on the natural features. In Planning Staff's opinion, an EIS is not required for this Minor Variance application on the basis that the Development Services November 6, 2024 Report No. DS2024-132 Page 3 of 10 Page 55 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... proposed agricultural building will be located further than 120 metres from the woodland and wetland features, therefore not impacting the natural heritage features. Based on the above, Planning Staff is of the opinion that the application conforms to the County of Simcoe's and the Township's Official Plan and will not have any adverse impact on the nearby natural heritage features. Township's Zoning By-law According to the Township's Zoning By-law 97-95, the subject property is primarily zoned Environmental Protection (EP), with a small portion of Agricultural/Rural (A/RU) in the north-west corner of the property (See Schedule 4: Existing Zoning). The (EP) Zone serves to preserve and protect the environmental features and acts as a buffer around the significant woodland and wetland features located on the southern half of the property. The Township's Zoning By-law limits the types of uses that are permitted in the Environmental Protection Zone to ensure that environmentally sensitive features are not negatively impacted by development and so that development does not put people and property at risk of natural hazards. As indicated in Table A5 of the Township's Zoning By-law, residential uses and new proposed agricultural uses are not permitted in the (EP) Zone. Consequently, the existing single detached dwelling, detached accessory building (garage), and agricultural buildings/structures are non-conforming uses as they are all located within the (EP) Zone. The applicants are proposing to build a 197.3 sq. metre (2,123.79 sq.ft.) agricultural building and are seeking relief from the Zoning By- law to permit the construction of a new agricultural building in the Environmental Protection Zone. The proposed building will be used for hay storage and will not be used for livestock. The Zoning By-law's requirement for a 30.0 metre setback from the Environmental Protection Zone is intended to ensure that development maintains an adequate distance from wetlands, woodlands and other environmentally sensitive areas. Upon a site visit, Planning Staff noted that the proposed location of the agricultural building is a substantial distance from the significant woodland and, therefore, it is not anticipated to have an adverse impact on the nearby woodland and wetland features. In addition, there are no trees in the vicinity that will have to be removed to make room for the new building. For the reasons outlined above, the requested variances are considered to meet the purpose and intent of the Zoning By-law and would be considered an appropriate and desirable development of the lot. Development Services November 6, 2024 Report No. DS2024-132 Page 4 of 10 Page 56 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — no comments • City of Orillia — no comments Attachments Schedule 1: Location Map Schedule 2: Applicants' Site Plan Schedule 3: Township Official Plan — Natural Heritage, Water Resources and Natural Hazards Schedule 4: Existing Zoning Development Services November 6, 2024 Report No. DS2024-132 Page 5 of 10 Page 57 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... Conclusion Planning Staff recommend that Minor Variance Application 2024-A-49 be approved, specifically to permit the construction of an agricultural building in the Environmental Protection Zone on the basis that the proposed building is considered desirable development of the lot and will not have any adverse impact on the nearby natural heritage features. Respectfully submitted, Yubing Fan, Planner, October 30, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 31, 2024 Brent Spagnol, RPP, Director, Development Services November 1, 2024 Development Services November 6, 2024 Report No. DS2024-132 Page 6 of 10 Page 58 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 1: Location Map e�a� ;ail 1068 1068 Bass.lake.&CE. 2520 —� /'J�l 1229 2457 — � 932 Z IC 16B3 J 1 1224 1225 1190 850 1599 1105 Location /��� ® Subject Lands ToumsI- u( Proud Heritage,Exciting Future 0 100 rn File Number:2024-A-49 Development Services November 6, 2024 Report No. DS2024-132 Page 7 of 10 Page 59 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 2: Applicants' Site Plan EP /RU 6P 5� ��W aie\y 2a � i90 A/RU • • - E fP � - 7 r TouPO!f Site Plan Proud Heritage,Exciting Future File Number: 2024-A-49 Development Services November 6, 2024 Report No. DS2024-132 Page 8 of 10 Page 60 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 3: Township Official Plan — Natural Heritage, Water Resources and Natural Hazards �. Bass Lake ickell Rd• _ ■ pa w- ....Basses ake AS rr E. �J C J r 4 r Township Official Plan - Natural Heritage, Water Resources and Natural Hazards I—= Subject Lands Surface Water Intermittent ' ^L M Streams NR Evaluated '-0 Wetlands Woodlands Taumshi1)of MNR Un-Evaluated �Treed 0��Q/ Wetlands Plantation Permanent Streams Prond Heritage,Exciting 1, 4 0 300 M File Number:2024-A-49 V 1 t t I Development Services November 6, 2024 Report No. DS2024-132 Page 9 of 10 Page 61 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 4: Existing Zoning NO A/RU u ae. EP os e A/RU A/RU A/RU f y A/RU Schedule 4 Existing Zoning —4 SR(Shoreline Residential) 4���/11ea�o�te A/RU(Agricultural/Rural) 1 Subject Lands Proud Heritage,Escidag Fuurrr L EP(Environmental Protection) 0 OS(Open Space) A 0 100 200 300 m File Number: 2024-A-50 N Development Services November 6, 2024 Report No. DS2024-132 Page 10 of 10 Page 62 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... IS IL Q 'rt w Y� .o I O U CO J _ E LO ca L Q ca w O o 0 Q C� c� .� o O > M Q (� U) C: � m E � a� o C� LOL L . . . . N �> G� . . LJJ C U a O • • •L _ +� ++ C — .� ca Q C� C , i N M O t� Page 63 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re- Minor VarianceApplic... w ` � a 11 u y r V! rn - _ V♦ Q 0 N _ ya. h h Y r k J U Ca t� O -- o ^� 4-4 m � -� a Page 64 of 234 6.a) 6.15 p.m. DS2024-132, Yubing Fan, Planner re: Minor VarianceApplic... o cu (D N L :3 O O 5 N p NCn o � 75o00 0. 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Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Yubing Fan, Planner Meeting Date: November 6, 2024 Report No.: DS2024-130 Subject: Minor Variance Application 2024-A-50, 119 Lakeshore Road West Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-130 be received and adopted. 2. That Minor Variance Application 2024-A-50, specifically for permission to replace the existing attached deck with a larger unenclosed porch and maintain the existing non-complying setbacks of 1.3 metres (4.3 feet) and 1.6 metres (5.2 feet) from the interior side lot lines, on lands municipally known as 119 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-130. 3. The conditions are as follows: a) That notwithstanding Section 5.16.1 c), the proposed unenclosed porch shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed unenclosed porch be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor verifies by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the unenclosed porch is located no closer than 1.3 metres (4.3 feet) and 1.6 metres (5.2 feet) from the interior side lot lines; and; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), and Building Permit be obtained from the Township only after Development Services November 6, 2024 Report No. DS2024-130 Page 1 of 10 Page 74 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re- Minor VarianceApplic... the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide , information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A- 50, which is intended to provide relief from the f comprehensive Zoning By-Law to facilitate the replacement and enlargement of an existing non-complying attached deck (the deck does not meet the minimum required interior side ll yard setback) to an unenclosed porch that exceeds a requirement of the Zoning By-Law. The subject property is located at 119 Lakeshore Road West within the southern portion of the municipality along Lake Simcoe. The property has a lot area of 0.092 hectares (0.23 acres) and contains a single detached dwelling with a non-complying attached deck and three detached accessory buildings (the existing detached garage and boathouse are also non-complying but have been in existence since before the Zoning By-law came into effect). The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The applicants are proposing to replace the existing deck with a larger unenclosed porch and maintain the existing non-complying setbacks of 1.3 metres (4.3 feet) and 1.6 metres (5.2 feet) from the interior side lot lines, which would increase the situation of non-compliance as the Township's Zoning By-law does not permit unenclosed porches to encroach into the required interior side yard (see Schedule 2: Applicants' Site Plan). The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. The applicants are seeking relief to the following section of Zoning By-law 97-95, as amended: Development Services November 6, 2024 Report No. DS2024-130 Page 2 of 10 Page 75 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re: Minor VarianceApplic... Section 5.16.1 c) — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not in any other way increase Proposing to replace the existing deck with a larger a situation of non-compliance. unenclosed porch and maintain the existing non- complying setbacks of 1.3 metres (4.3 feet) and 1.6 metres (5.2 feet) from the interior side lot lines. Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated `Rural' in the County of Simcoe's Official Plan. The subject property is designated "Shoreline" in accordance with the Township's Official Plan (2022). Both designations permit detached residential dwellings. The Lake Simcoe Region Conservation Authority (LSRCA) regulates the subject lands, and Staff have circulated notice of the application to the LSRCA. As of the preparation of this report, Staff have yet to receive comments from the LSRCA. However, the applicants obtained an approved LSRCA permit (Permit No. OP.2024.008REV) for the proposed work. Therefore, Planning staff is not anticipating that the LSRCA will have any concerns regarding the application. Committee should have regard to any comments that may be received. Development Services November 6, 2024 Report No. DS2024-130 Page 3 of 10 Page 76 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re: Minor VarianceApplic... Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan as the proposed structure is considered a part of the residential dwelling, which is a permitted use within the "Shoreline" and "Rural" designations in the Two Official Plans. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95. Single detached dwellings are permitted in the SR Zone. The existing attached deck is non-complying as it does not meet the minimum required interior side yard setbacks of 2 metres (6.5 feet) and 3 metres (9.8 feet) (existing are 1.3 metres and 1.6 metres). Section 5.16.1 of the Township's Zoning By-law permits the enlargement, repair or renovation of non-complying buildings and structures provided that the enlargement, repair, replacement or renovation: a) does not further encroach into a required yard or into the setback area from the average high water mark of 15 metres (49.2 feet) from Bass Lake or 20 metres (65.5 feet) from Lake Simcoe. (see section 5.28) b) does not increase the useable floor area in a required yard. Crawlspace foundations are permitted provided the same does not allow for human habitation and that same foundation does not exceed 1.8 metres in total height. c) does not in any other way increase a situation of non-compliance; and, d) complies with all other applicable provisions of this By-law. The applicants are proposing to replace the existing deck with a larger unenclosed porch and maintain the existing non-complying setbacks. Therefore, the applicants are only seeking relief from Section 5.16.1 c) of the Zoning By-law to permit the enlargement of the deck and placement of a roof structure. All other applicable provisions of the Zoning By-law will be met. The Zoning By-law's requirement for a minimum interior side yard setback is intended to provide spatial separation between residential properties, as well as provide access and maintenance around buildings and structures. In Planning staff's opinion, the existing setback provides adequate space for access and maintenance around the proposed porch as it maintains spatial separation between the subject lands and the neighbouring property. Based on the above, Planning Staff are satisfied that the proposed variance conforms to the general intent and purpose of the Zoning By-law. Development Services November 6, 2024 Report No. DS2024-130 Page 4 of 10 Page 77 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re: Minor VarianceApplic... Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the existing deck, which is located behind and attached to the dwelling (see Schedule 3: Photos of the Existing Deck), is not visible from the road. Furthermore, based on drawings of the proposed porch (see Schedule 4: Drawings for the Proposed Unenclosed Porch), it would have a minimal impact on the adjacent landowners as the two closest sides of the porch to the neighbour are designed to be fully/half enclosed, which provide screens from view. It is appropriate to maintain the existing setbacks which are in line with the exterior walls of the dwelling, which is required to maintain access through the existing door (see Schedule 3: Photos of the Existing Deck). If the required minimum setbacks were to be complied with, the existing access would not be available through the porch. In Planning Staff's opinion, the proposed unenclosed porch would not stand out, look out of place or detract from the character of the area. Staff do not anticipate any negative impacts to abutting properties as staff are unaware of any issues related to the non-complying setbacks for the existing deck; therefore, the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of variance generally relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed larger unenclosed porch is not anticipated to have any adverse impacts on any natural heritage features and is not anticipated to detract from the character and appearance of the shoreline residential neighbourhood (see Schedule 4: Drawings for the Proposed Unenclosed Porch). As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan Development Services November 6, 2024 Report No. DS2024-130 Page 5 of 10 Page 78 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re: Minor VarianceApplic... • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — no comments • Township Building — no comments Attachments Schedule 1: Location Map Schedule 2: Applicants' Site Plan Schedule 3: Photos of the Existing Deck Schedule 4: Drawings for the Proposed Unenclosed Porch Conclusion Planning Staff recommend that Minor Variance Application 2024-A-50 be approved, specifically for permission to replace the existing attached deck with a larger unenclosed porch and maintain the existing non-complying setbacks of 1.3 metres (4.3 feet) and 1.6 metres (5.2 feet) from the interior side lot lines, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Yubing Fan, Planner, October 31, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services November 1, 2024 Brent Spagnol, RPP, Director, Development Services November 1, 2024 Development Services November 6, 2024 Report No. DS2024-130 Page 6 of 10 Page 79 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 1: Location Map 3 39 7 18 16 14 12 20 --- I- ra�.E 22 Geor9e St. 15 13 11 9 17 19 21 nn w. 3 20 22 24 26 28 36 44 42 46 Shelswell Blvd. 23 25 29 27 31 112 100 102 104 47 118 108 108 146 LWkeshore Rd• 107 105 103 =_ 109 -- � 113 111 1 1231121 �1?`4 117 115 l 125 151 149 —l" L ake ' Simcoe Location B> Subject Lands ;T"11't�.f `` Proud Heritage,Exciting Future 0 loom File Number 2024-A-50 Development Services November 6, 2024 Report No. DS2024-130 Page 7 of 10 Page 80 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 2: Applicants' Site Plan + LAKESHORE ROAD WEST . . . . . . . . . . . .SITE AREA. . . . . . . . . . . . . . . . . 287.36 �. ib8 ag i,20 4 a+wre g aaPr -b'a `� nNEL�iNc PROPOSED O O. acx '19 COVERED DECK �� IYgn)anlal A9lrnBCa�l 1.1111GDEC% - Tn.cREMOVED 0— add am 0— REGISTERED PLAN LOT 48 Yorr; T 11 LAKE SIMCOE (WATER SURFACE ELEVATION:219.T tm ON MAY 9.2024) (9f owns up Site PlanInProud Heritage,Exciting Futurr File Number: 2024-A-50 Development Services November 6, 2024 Report No. DS2024-130 Page 8 of 10 Page 81 of 234 r f i jF ( ✓ � r4) f, ••�.ill. . .. A�. ��� C � l!. .t.�..e _ pp Y_ _ L sod 'Y: - a-✓ Photos of • Deck He Number: Proud Heritage,Exciting Future - 9 • 9 • - . 1 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 4: Drawings for the Proposed Unenclosed Porch V Aerial View 1 "i - _. , t 4a oe Ida 7 South Elevation j , /,1 East E Ovation 3 Weat Elevation Z> Drawings for the Proposed Unenclosed Porch Proud Heritage,Exciting Future, File Number:2024-A-50 Development Services November 6, 2024 Report No. DS2024-130 Page 10 of 10 Page 83 of 234 6.b) 6.25 p.m. DS2024-130 Yubing Fan Planner re- Minor VarianceApplic... LO � o v s O O J -1--i CO U � CO O Q m U � ry � o � > o C/) a O }' ._ J N O C� Page 84 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re: Minor VarianceApplic... w 221 w +� a x O � LO a �ar'Z ------------- h c - ♦^ N r, N O 4-0 U � O Q m N U N � J G O 1 1 Page 85 of 234 6.b) 6.25 p.m. DS2024-130, Yubing Fan, Planner re: Minor VarianceApplic... O � U U) ca = � — ° o U M O c � x — � Q U +r (D ° 0 ' Cn 0 L O . CD C: .>' O O I .X Q N U)4-- Q Qcc N (D 0) O O O 0 Q ^ 0 U }, 0— Ca ONO � � M 0 LL�J t6 0 CLCL Q E4-4 -a � Lid Cn ca OLU o o C G (D `~ IN L cn M cn O . . 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U � U) = >� = a) n� L O +r > O C U) U V L L L 0 a) C 0 ) a) a) 0 E Q o � � � o � � a) 0 4- 0 -0 O O C cn 0 +r }' .� > C U)a [6 O cn C �� N o M O U a) (A :_' (n C O O MM m ca �- ca 0 0 0 a) .0 C }, a) -a M a) C C � L O a) -� L- v M C a) ~ Q U) � M � Page 92 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: November 6, 2024 Report No.: DS2024-126 Subject: Minor Variance Application 2024-A-51 (Dunn), 1793 Line 4 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-126 be received and adopted. 2. That Minor Variance Application 2024-A-51 (Dunn), specifically to permit a detached accessory building with a building height of 5.11 metres (16.75 feet) and a floor area of 84.5 square metres (910.0 square feet), on lands municipally known as 1793 Line 4 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-126. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.4 and 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Nottawasaga Valley Conservation Authority (NVCA) permit be obtained if the development is being proposed within the NVCA regulated area, Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township Development Services November 6, 2024 Report No. DS2024-126 Page 1 of 10 Page 93 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background = The purpose of this report is to a _ provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-51, which is intended to provide relief from the comprehensive zoning by- law to facilitate the construction of an _ ¢ ` accessory detached garage that w. exceeds various requirements of the 4 zoning by-law. The subject property is located at 1793 Line 4 North, north of Old Barrie Road West. ,. Ode The property consists of a total lot area of approximately 1.3 hectares „A n (3.2 acres) and consists of a one- storey house (150.5 sq m.-1620 sq x � ft) with an attached one-car garage. The property consists of significant mature tree and shrub cover at the rear of the property. The surrounding area primarily consists of residential properties. Minor Variance Proposal The applicant has noted in the minor variance application that the proposed garage is to be utilized for additional storage and garage space beyond what the existing home offers. The minor variance application is specifically seeking relief from Sections 5.1.4 and 5.1.6 of Comprehensive Zoning By-law 97-95, which establishes standards for accessory structures regarding maximum height and total gross floor area generally intended to ensure that accessory structures are incidental/subordinate to the main use and to promote overarching consistency from a built form perspective within residential neighbourhoods. Development Services November 6, 2024 Report No. DS2024-126 Page 2 of 10 Page 94 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... PROPOSED MINOR VARIANCE Residential One (R1) ZONE SECTION PROVISION PERMITTED APPLICATION PROVISION Section 5.1.4 Detached 4.5 metres 5.11 metres Accessory Building 14.7 feet) (16.75 feet) Height (Maximum) Section 5.1.6 Detached 70.0 sq.m. 84.5 sq.m. Accessory Building (753.5 sq.ft.) (910.0 sq.ft.) Floor Area Maximum Schedules 1 and 2 provide a site plan and applicable floor plans for the proposed accessory building. Analysis Ontario Planning Act Section 45 of the Ontario Planning Act provides Council or Committees of Council with statutory provisions that allow for relief from Township Zoning By-laws through minor variance applications. Determination as to whether the proposed relief from the By-law is `minor' depends on the four tests/questions: 1) Is the proposed minor variance in general conformity with the Official Plan? 2) Does the proposed minor variance maintain the general intent of the Zoning By-law? 3) Does the proposed minor variance represent desirable development for the area? 4) Is the application minor in nature based on all relevant planning considerations? Township of Oro-Medonte Official Plan The Township of Oro-Medonte Official Plan designates the subject property `Rural Settlements' which permits residential uses and uses/buildings that are incidental/subordinate to the main use of the property. The proposed application conforms with the official plan as it would facilitate the construction of an accessory building that is incidental to the residential uses of the subject property. Development Services November 6, 2024 Report No. DS2024-126 Page 3 of 10 Page 95 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... Oro-Medonte Zoning By-law 97-95 The subject property is zoned Residential One (R1), which permits residential uses and accessory structures such as detached garages/shops, sheds, gazebos etc. The proposed accessory building a would maintain the general intent J of the zoning by-law as the building will be subordinate to the house in Os height and gross floor area while — —! accommodating storage that is �� Rl incidental to the residential use of the property. As previously noted, the proposal is intended to obtain relief from Existing Zoning provisions of the By-law related to Rt(Residential one) building size maximums (Height, ` Subject Lands LC(Local Commercial) Gross Floor Area). A/RU(Agricultural/Rural) \ EP(Environmental Protection) 0 OS(Open Space) Building Size Maximums - I(Institutional) File Number 2024-A-51 The intended purpose of maximum zoning provisions related to building size is to ensure that buildings are sized appropriately for the permitted uses and subordinate to the main use of the property. The chart provides a comparison of the size of the proposed garage in relation to the existing house. BUILDING SIZE COMPARISON HOUSE PROPOSED GARAGE/SHOP GROSS FLOOR AREA 150.5 sq m.-1620 sq ft 84.5 sq.m. 910.0 sq.ft. HEIGHT (Mid-point-Peak & 6.0 metres (19.6 feet) 5.11 metres (16.75 feet) Eaves The proposed minor variance is considered to maintain the general intent of the by-law as the total gross floor area and height of the detached garage/shop will be less than the one-story house on the property and will provide additional opportunity to store items incidental to the residential use indoors. Appropriateness The test of appropriateness is generally determined based on a variety of considerations which include the following: Development Services November 6, 2024 Report No. DS2024-126 Page 4 of 10 Page 96 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... • Potential Offsite impacts • Compatible with permitted uses Neighbourhood character The proposed minor variance is considered to be appropriate development based on its location within the property in the rear yard and will be situated away from the neighbouring dwellings. Negative off-site impacts are not anticipated as the proposed garage exceeds all setback requirements within the zoning by-law to provide adequate separation from neighbouring properties. Planning Staff received comments from the Nottawasaga Valley Conservation Authority (NVCA) and advise that the proposed garage appears to be located partially within the mapped floodplain of the property. There appears to be an opportunity to shift the location of the garage further towards the house in order to locate the structure outside of the regulatory floodplain. Below is a screenshot with hazard mapping of the subject site. If the garage is shifted towards the house/front of the property, it would be located outside of the regulatory floodplain extent and furthermore align with the policy of the NVCA for buildings and structures to be located within an area of reduced flooding risk. The applicant has been made aware of the comments provided by the NVCA and has advised that the location of the garage can be shifted closer to ..,R the dwelling to be located outside of the floodplain. The revised location does not affect '# any of the requested variances, and as a result, no further 1c ! public consultation/notification +. 's is required to be provided. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services November 6, 2024 Report No. DS2024-126 Page 5 of 10 Page 97 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Fire & Emergency Services — no concerns. • Township Operations & Infrastructure Division — no comments. • Township Building Division — no comments. • Nottawasaga Valley Conservation Authority - The subject lands fall partially within an area affected by Ontario Regulation 41/24 (the Prohibited Activities, Exemptions and Permits Regulation) due to floodplain and meander erosion hazards associated with a watercourse behind the subject site. A permit will be required for any development within the regulated areas. o the proposed garage appears to be located partially within the mapped floodplain of the property. There appears to be opportunity for an alternative site to shift the location of the garage further towards the house in order to locate the structure outside of the regulatory floodplain extent as indicated below, which would align with NVCA's Planning and Regulations Guidelines and be located within an area of least risk on the property. o The applicant is encouraged to explore an alternative location in order for the development to remain consistent with applicable Natural Hazard policies in the PPS. If the Minor Variance application is approved as presented, the structure will be subject to a permit and will require wet floodproofing along with all other technical submission requirements (i.e. grading plans, garage plans). Attachments Schedule 1: Site Plan Schedule 2: Garage/Shop (Elevations & Floor Plans) Background Information/Relevant Reports Not applicable Development Services November 6, 2024 Report No. DS2024-126 Page 6 of 10 Page 98 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... Conclusion The proposed minor variance is considered to be minor as the application meets the requisite tests under the Planning Act for the following reasons: - The application generally conforms to the `Rural Settlements' designation as the use is incidental to the residence; - The proposed minor variance maintains the general intent of the zoning by- law as the garage/shop would be subordinate and incidental to the permitted main residential use on the property; - The application is considered to be appropriate development as negative offsite impacts are not anticipated. Therefore, staff recommend the approval of Minor Variance 2024-A-51 subject to the conditions referenced and an additional condition to clarify that the proposed garage is not to be utilized for human habitation or commercial purposes. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, November 1, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services November 1, 2024 Development Services November 6, 2024 Report No. DS2024-126 Page 7 of 10 Page 99 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... Schedule 1 — Site Plan � — - - - - - - - - - - r�li $ I NVG fL000PlAn LNE A 200D0 R sz9a9 I EX.SOFT $ 6® EX SOFT LAND.AP. &q L+ PROPOSED u D� NG _ RR � I e<3 26'x35 MRAGE auto DRNEWAYT t C 829) 35.U0$ a lU66 a100 } t&I.OD�� $ : .{► 26500 z 3: Y � I Toumship��'~�� Site Plan Proud Heritage,Exciting Faturr File Number:2024-A-51 Development Services November 6, 2024 Report No. DS2024-126 Page 8 of 10 Page 100 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... Schedule 2 — Garage/ Shop (Elevations & Floor Plans) 0 Qe rta Qr L L III �., ICI I I II ICI I I III ICI I - I III ICI 41 = I: III - ICI I � III ICI I � § III ICI I � III ICI I � ---- -- ----- -- o ---- o ----- o ENDWALL FRAMING FRAME LINE 1 ENDVYALL SHEETING&TRIM.FRAME LW L I Elevations �"� 0 T, If P►oud Heritage,Exciting Futurr File Number:2024-A-51 Development Services November 6, 2024 Report No. DS2024-126 Page 9 of 10 Page 101 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... 135'-0" STEEL LINE TO STEELO 2 3 A A ------------------------------------------- I I I I I I I N U GRIM' HOSE COMPA(IM'0 9E%S0.0 rc MN.32MFu. 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O d> ,' j Page 112 of 234 6.c) 6.35 p.m. DS2024-126, Andy Karaiskakis, Manager, Planning Services ... m L- � 7U) O ^ W I rl W 0 •^L, ^; O ^, moo' �' O C CU U a) L Cn O ' ^ U O }, O L , U Cn 1 (6 (6 O Q 0O C -0.> U +� O a) oZ c6 � Q ) U C O O N a � �, � E 4--j a � O � E c� m N c CD N E cn O a) c O C— o }' cn - Q � a () Q oo 3 a) o � � � cn � N a i Q ) C a) �- j � o � cU ( Cu U L) �. cn � o -0 a) Zmc a) > c }, � cn a) QLO Q >, •� o E m o Oa) 0) - (U -0 Q c c > •� M Q cn 0 M }' -0 -�:; N Q " U N > O� U) to ca cn v o z �_ a' o - M U a) •— -- cn L Q — c a) . a) m U o cn cn in L .� E o c U o o a) o U -0 Cn 0 0 m U O E aj Q) p 0- 0- - U L Q) a) 0- L -0 Cn (6 O L U a) M O '� � O � O En � > a) .� 0- cn W �--' E }' O }'1. N C m C to M E M L > L � � O � DUI QI W O0— � �+ E M L O M M U -a a)U +� L O a� aU) � M � Page 113 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... �_ (W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: November 6, 2024 Report No.: DS2024-127 Subject: Minor Variance Application 2024-A-52, Tom Wallace & Kaitlyn Badour, 22 Slalom Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-127 be received and adopted. 2. That Minor Variance Application 2024-A-52 by Tom Wallace & Kaitlyn Badour, specifically to permit a detached accessory building with a building height of 5.0 metres (16.5 feet), a floor area of 95.2 square metres (1,025.0 square feet) to be located in the front yard approximately 6.4 metres (21.0 feet) from the front lot line and 1.2 metres (4.0 feet) from the interior side lot line, on lands municipally known as 22 Slalom Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-127. 3. The conditions are as follows: a) That notwithstanding Sections 5.1.3 (a) and (d), 5.1.4, and 5.1.6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only Development Services November 6, 2024 Report No. DS2024-127 Page 1 of 11 Page 114 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; e) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 1.2 metres (4.0 feet) from the interior side lot line and 6.4 metres (21.0 feet) from the front lot line; and, f) That the existing vegetation located along the interior side lot line be preserved and maintained. If replacement is required, vegetation of a similar species and height is to be re-instated. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background _ The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding - - Minor Variance application 2024- - A-52 which is intended to provide -- -��" \ `=' "J relief from the comprehensive �r zoning by-law to facilitate the X �, � ` construction of an accessoryy, ��\��;' detached garage that exceeds various requirements of the zoning by-law. my r The subject property is located at r _ _ 22 Slalom Drive, north of Highway 400, east of Line 7 North. The property consists of a total lot area of approximately 0.2 hectares (0.5 acres) and consists of a 1.5-storey house (122.1 sq m.-1314 sq ft) (with no garage) and a shed. The property consists of significant mature tree and shrub cover along its' entire perimeter. The surrounding area primarily consists of residential properties. Minor Variance Proposal The applicant has noted in the minor variance application that the proposed garage is to be utilized for additional storage and working space beyond what the existing home offers. The minor variance application is specifically seeking relief from Sections 5.1.3, 5.1.4 and 5.1.6 of Comprehensive Zoning By-law 97-95, which establishes standards for accessory structures regarding location, maximum height and total gross floor area Development Services November 6, 2024 Report No. DS2024-127 Page 2 of 11 Page 115 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... generally intended to ensure that accessory structures are incidental/subordinate to the main use and to promote overarching consistency from a built form perspective within residential neighbourhoods. PROPOSED MINOR VARIANCE Rural Residential Two (RUR2) ZONE SECTION PROVISION PERMITTED APPLICATION PROVISION Section 5.1.3 (a) Permitted Locations Not be located in Located in the front for Detached the front yard yard approximately Accessory Buildings 6.4 metres (21.0 feet) from the front lot line Section 5.1.3 (d) Permitted Locations Be set back a 1.2 metres (4.0 feet) for Detached minimum distance Accessory Buildings of 2.0 metres (6.5 feet) from the interior side lot line Section 5.1.4 Detached Accessory 4.5 metres 5.0 metres (16.5 Building Height 14.7 feet) feet) (Maximum) Section 5.1.6 Detached Accessory 70.0 sq.m. 1st storey: 53.4 sq.m Building Floor Area (753.5 sq.ft.) (575.0 sq.ft) (Maximum) 2nd storey: 41.8 sq.m (450.0 sq.ft) Total: 95.2 sq.m 1,025.0 sq.ft) Schedules 1 and 2 provide a site plan and applicable floor plans for the proposed accessory building. Analysis Ontario Planning Act Section 45 of the Ontario Planning Act provides Council or Committees of Council with statutory provisions that allow for relief from Township Zoning By-laws through minor variance applications. Determination as to whether the proposed relief from the By-law is `minor' depends on the four tests/questions: 1) Is the proposed minor variance in general conformity with the Official Plan? 2) Does the proposed minor variance maintain the general intent of the Zoning By-law? 3) Does the proposed minor variance represent desirable development for the area? Development Services November 6, 2024 Report No. DS2024-127 Page 3 of 11 Page 116 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... 4) Is the application minor in nature based on all relevant planning considerations? Township of Oro-Medonte Official Plan The Township of Oro-Medonte Official Plan designates the subject property `Rural Residential' which permits residential uses and uses/buildings that are incidental/subordinate to the main use of the property. The proposed application conforms with the official plan as it would facilitate the construction of an accessory building that is incidental to the residential uses of the subject property. Oro-Medonte Zoning By-law 97-95 7 The subject property is zoned Rural Residential Two (RUR2), t which permits residential uses and accessory structures such as RUR2 a detached garages/shops, sheds, gazebos etc. J Ru a The proposed accessory building would maintain the general intent of the zoning by-law as the —� R110.3 RR building will be subordinate to the O5 cs,� house in height and gross floor ��.. area while accommodating storage that is incidental to the "`R° residential use of the property. As previously noted, the proposal Existing Zoning Rl(ResldentlalOne) is intended to obtain relief from rD Subject Lands RUR2(Rural Revderbal Two) A1RU(Agdcultural,Ruml) provisions of the By-law related to _ EP(Environmental Protect-) us(ORenSp.) building location and size Fi'a Numtwr:2a21-A-52 PR(Private Red—tiorel) J o ' 100 m 4, 1maximums (Height, Gross Floor Area). Building Location The primary purpose of not permitting detached buildings in the front yard is to ensure separation of structures from the road allowance and to ensure that there is sufficient amenity space and parking on the property. The proposed garage is to be setback approximately 15.24 metres (50.0 feet) from the front lot line. Township Operations Department has no concerns with the setback, and the structure will not impact the parking provided on the property. Development Services November 6, 2024 Report No. DS2024-127 Page 4 of 11 Page 117 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... The general intent of the Zoning By-law in requiring the minimum setback from the interior side lot line is to ensure access around a structure for maintenance purposes. The proposed setback is a minimal deviation from the required setback and Planning Staff are satisfied that access around the building will be maintained. Building Size Maximums The intended purpose of maximum zoning provisions related to building size is to ensure that buildings are sized appropriately for the permitted uses and subordinate to the main use of the property. The chart provides a comparison of the size of the proposed garage in relation to the existing house. BUILDING SIZE COMPARISON HOUSE PROPOSED GARAGE/SHOP 1 st storey: 53.4 sq.m (575.0 sq.ft) GROSS FLOOR AREA 122 sq m.-1,314 sq ft 2,d storey: 41.8 sq.m (450.0 sq.ft) Total: 95.2 sq.m 1,025.0 sq.ft HEIGHT (Mid-point-Peak & 8.2 metres (27.0 feet) 5.0 metres (16.5 feet) Eaves The proposed minor variance is considered to maintain the general intent of the by-law as the total gross floor area and height of the detached garage/shop will be less than the 1.5-story house on the property and will provide additional opportunity store items incidental to the residential use indoors. Appropriateness The test of appropriateness is generally determined based on a variety of considerations which include the following: • Potential Offsite impacts • Compatible with permitted uses • Neighbourhood character • Mitigative property features (vegetation, property size, elevations etc..) The proposed minor variance is considered to be appropriate development based on its location within the property in the front yard and will be situated away from the neighbouring dwellings. A mature row of coniferous and deciduous trees (15' +/- height) Development Services November 6, 2024 Report No. DS2024-127 Page 5 of 11 Page 118 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... run parallel with the interior lot line, which provides a visual buffer from the neighbouring property. In order to ensure the preservation of the existing visual buffer, staff are proposing a condition of approval to ensure its' preservation that would also require replacement of the trees if any were to perish during the construction of the detached garage. Negative off-site impacts are not anticipated as the proposed garage will not stand-out, look out of place or detract from the character of the area. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Fire & Emergency Services — no concerns. Attachments Schedule 1: Site Plan Schedule 2: Proposed Detached Garage (Elevations & Floor Plans) Schedule 3: Site Pictures Development Services November 6, 2024 Report No. DS2024-127 Page 6 of 11 Page 119 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... Conclusion The proposed minor variance is considered to be minor as the application meets the requisite tests under the Planning Act for the following reasons: - The application generally conforms to the `Rural Residential' designation as the use is incidental to the residence; - The proposed minor variance maintains the general intent of the zoning by- law as the garage would be subordinate and incidental to the permitted main residential use on the property; - The application is considered to be appropriate development as negative offsite impacts are not anticipated; - Property consists of mature tree and shrub vegetation that provides a visual buffer from the building and is to be maintained as a condition of approval. Therefore, staff recommend the approval of Minor Variance 2024-A-52 subject to the conditions referenced and an additional condition to clarify that the proposed detached garage is not to be utilized for human habitation. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, October 29, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services October 31, 2024 Background Information/Relevant Reports Not applicable Development Services November 6, 2024 Report No. DS2024-127 Page 7 of 11 Page 120 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... Schedule 1 — Site Plan I Cr-\ = IO F� q1. °L I d5 LI l= , 6 r,wltship oI,,�. Site Plan Cyf �A�ea�ot� Prowl Heritage,Fxcitirig Frdrrre File Number: 2024-A-52 Development Services November 6, 2024 Report No. DS2024-127 Page 8 of 11 Page 121 of 234 6.d) 6.45 p.m. DS2024-127, Andy Karaiskakis, Manager, Planning Services ... Schedule 2 — Proposed Garage (Elevations & Floor Plans) Qt cGo%� E•raSf. 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Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 6, 2024 Report No.: DS2024-133 Subject: Consent Application 2024-B-15, 76 Blueberry Marsh Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-133 be received and adopted. 2. That Consent Application 2024-B-15, to permit the creation of a new residential lot having a lot frontage of approximately 100.0 m (328.1 ft.), a lot depth of approximately 130.0 m (426.5 ft.) and an area of approximately 1.3 ha (3.2 ac.), be deferred as Planning Staff are awaiting: 1) peer review comments from the Township's environmental consultant on the applicant's Environmental Impact Study; and, 2) information on the neighbouring livestock facilities in order to calculate the required Minimum Distance Separation form the neighbouring livestock facilities. 3. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services November 6, 2024 Report No. DS2024-133 Page 1 of 13 Page 137 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Consent application 2024-B-15, which - is proposing the creation of a : residential lot. "* The subject lands have a total lot area of approximately 27.8 hectares (68.79 acres) according to MPAC records and , are located east of Scarlett Line, along Bluebe[ry.MaBh,d �!' ' Blueberry Marsh Road, see the Location Map on Schedule 1 of this report. The subject lands support a single detached dwelling and detached accessory building. `` ;;' imou Surrounding land uses consist mostly of agricultural uses and woodlots. Proposed Severance The purpose of Consent Application 2024-B-15 is the creation of a new residential lot. The details of the proposed consent (severance) are: Lands to be Severed: Lands to be Retained: Frontage: Approximately 100.0 m 328.1 ft. Approx. 567.0 m 1,860.2 ft. Depth: Approximately 130.0 m 426.5 ft. Approximately 414.0 m 1,358.3 ft. Area: Approximately 1.3 ha 3.2 ac. Approximately 26.5 ha 65.5 ac. Use: Residential Woodlot and residential The applicant's consent sketch is included as Schedule 2 to this report. Analysis Provincial Planning Statement (PPS) The Provincial Planning Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 2.5 — Rural Areas and Section 4.1 — Natural Heritage are applicable to this application. The Rural Area policies have been reviewed and Planning Staff is of the opinion that this application is consistent with these policies since the application represents limited residential development within a rural area. Development Services November 6, 2024 Report No. DS2024-133 Page 2 of 13 Page 138 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... The subject lands contain evaluated wetlands and unevaluated wetlands (known as Medonte Bog) in the middle of the property, see Schedule 5 to this report. The applicant submitted a Planning Justification Report (PJR) prepared by Skelton Brumwell & Associates Inc., dated September 16, 2024, and an Environmental Impact Study (EIS) prepared by Skelton Brumwell & Associates Inc., dated September 16, 2024, in support of this application. The EIS has been sent to the Township's environmental consultant to be peer-reviewed. At the time of writing this report, the peer-review comments have yet to be received; therefore, Planning Staff are not in a position to speak to consistency with the natural heritage policies in the PPS and are recommending deferral of the application until the peer review comments have been received. The middle portion of the property is regulated by the Nottawasaga Valley Conservation Authority (NVCA). The NVCA provided comments dated October 23, 2024, indicating that they have no objection to the approval of this application as the proposed severance does not appear to be within the NVCA regulated area. County Official Plan The subject lands are designated "Rural" and "Greenlands" in the County of Simcoe Official Plan (OP) (refer to Schedule 3). The lot to be severed is located within the portion of the property designated "Rural". Section 3.7.8 of the County's Official Plan contains Rural policies that include criteria for lot creation. Planning Staff is of the opinion that the proposed lot complies with Section 3.7.8, as the proposed lot is not considered strip development and it is limited in area to approximately 1.3 hectares (3.2 acres). The proposed lot is located adjacent to natural heritage features. As described in the section above, Planning Staff are awaiting peer review comments from the Township's consultant on the Environmental Impact Study; therefore, Planning Staff are not in a position to comment on conformity to the County's Official Plan from an environmental impact perspective. As of the preparation of this report, County comments have yet to be received. The Committee shall have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated "Rural" and "Greenlands" in accordance with "Schedule A— Land Use" of the Township's Official Plan and the lands to be severed are entirely designated "Rural" (refer to Schedule 4). Section 2.6.9 of the Official Plan contains "Lot Creation" policies in the Rural designation. Planning Staff have reviewed these policies and are satisfied that the proposed severance conforms to the following policies as: • The proposed lot would have a maximum size of 1.3 hectares (3.2 acres). • The lot creation does not constitute strip development. Development Services November 6, 2024 Report No. DS2024-133 Page 3 of 13 Page 139 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... • Both the severed and retained parcels have adequate lot area to accommodate water and sanitary services. There are livestock facilities located to the west and south of the subject lands, at 40 Blueberry Marsh Road and 89 Blueberry Marsh Road. Planning staff have requested the applicant to obtain information on existing livestock operations in order for Planning Staff to calculate the required minimum distance separation from the neighbouring livestock operations. Section 2.6.9 (d) states that the proposed lot must conform to the General Consent Policies. The following comments below address the criteria for creating new lots by consent as outlined in Section 4.8.6 of the Township's Official Plan: a) Front on and will be directly accessed by a public road that is maintained on a year-round basis; Staff Comment- Conforms: The severed and retained parcels would front onto Blueberry Marsh Road which is maintained year-round by the Township. b) Do not have direct access to a Provincial Highway or County Road unless the Province or the County supports the request; Staff Comment- Conforms: The subject lands do not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Staff Comment- Conforms: The proposed residential severance is not anticipated to cause a traffic hazard. A Municipal Entrance Permit will be required for a new driveway to access the severed lands. The Township's Operation's Department indicated that a 15.0 metre by 15.0 metre daylight triangle will be required at the northwest corner of the intersection of Blueberry Marsh Road and the unopened road allowance. d) Have adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law, and is compatible with adjacent use; Staff Comment- Conforms: The lot configurations of the severed and retained lands that would result from this application, would comply with the lot frontage and lot area provisions of the Zoning By-law. e) Can be serviced with an appropriate water supply and means of wastewater disposal; Development Services November 6, 2024 Report No. DS2024-133 Page 4 of 13 Page 140 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... Staff Comment- Conforms: The severed and retained lands would be serviced by private individual septic systems and wells. fJ Will not have a negative impact on the drainage patterns and water resource systems in the area; Staff Comment- Conforms: The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Staff Comment- Conforms: As proposed, the lands to be severed and retained would not restrict the development of any other lands. h) Will not have a negative impact on the ecological features and functions of any in the area, as demonstrated through the appropriate studies; Staff Comment- Pending: The applicant submitted an Environmental Impact Study in support of the proposed severance. Planning Staff are awaiting peer review comments from the Township's consultant. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area, as demonstrated through the appropriate studies; and, Staff Comment- Conforms: No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 53 of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Staff Comment- Conforms: The Consent application has been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the application conforms. Since Planning Staff are awaiting peer review comments from the Township's consultant on the EIS and awaiting information on the neighbouring livestock facilities in order to calculate the Minimum Distance Separation, Planning Staff are not in a position at this time to confirm that the proposed severance conforms to the Township's Official Plan. Development Services November 6, 2024 Report No. DS2024-133 Page 5 of 13 Page 141 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... Township's Zoning By-law The subject lands are zoned `Agricultural/Rural (A/RU)' and `Environmental Protection (EP)' in the Township's Zoning By-law 97-95, as amended (refer to Schedule 6). The Environmental Protection Zone serves as a buffer around evaluated wetlands, unevaluated wetlands known as Medonte Bog. The new lot is proposed to be located in an area that is entirely zoned Agricultural/Rural (A/RU). The lot configurations of the severed and retained lands that would result from this application, would comply with the lot frontage and lot area provisions of the Zoning By-law. The lands to be severed would remain under 2 hectares (4.9 acres); therefore, the lot would not be large enough to permit agricultural uses and would be a residential parcel. Financial/Legal Implications/ Risk Management Potential financial and legal implications may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — No comment. • Township Fire Department— No concerns. • Township Operations - Operations will require a 15x15m daylight triangle at the NW corner of the intersection. • Nottawasaga Valley Conservation Authority (NVCA) — The noted property appears to be partially regulated under the Conservation Authorities Act for Development Services November 6, 2024 Report No. DS2024-133 Page 6 of 13 Page 142 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... wetlands and the wetland buffer. However, the proposed severance does not appear to be within the regulated extent. Based upon our mandates and policies, NVCA staff have no objection to the approval of this application. Hydro One — No comments or concerns. Attachments Schedule 1: Location Map Schedule 2: Consent Sketch Schedule 3: County of Simcoe Official Plan — Land Use Schedule 4: Township Official Plan — Land Use Schedule 5: Township Official Plan — Natural Features Schedule 6: Existing Zoning Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-15 be deferred as Planning Staff are awaiting: 1) peer review comments from the Township's environmental consultant on the Environmental Impact Study; and, 2) information on the neighbouring livestock facilities in order to calculate the require Minimum Distance Separation form the neighbouring livestock facilities. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, November 1, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services November 1, 2024 Brent Spagnol, RPP, Director, Development Services November 1, 2024 Development Services November 6, 2024 Report No. DS2024-133 Page 7 of 13 Page 143 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re, Conse... Schedule 1: Location Map 6007 83 J 1017 N N C u 985 to 40 J Bluebe'ry Ma�sFfi-Rd. 208 103 Whetham-Rda a1 --- 45 89 811 325 326 1410 1374 737 265 Location Subject Lands /�7otv,'ultiE, Proud Heritage,Exciting Futtar 0 loom File Number:2024-B-15 Development Services November 6, 2024 Report No. DS2024-133 Page 8 of 13 Page 144 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... Schedule 2: Consent Sketch Retained O Area: 26.5 ha I Frontage(Blueberry Marsh Rd): 567 rn i - 7� 1 1w Depth: 414 rn Severed Area: 1.3 ha Frontage(Blueberry Marsh Rd): 100 rn Depth: 130 m Retained Lot • 3� r ,. . .� e, Me me Bog(OM4} Consent Sketch Proud Heritage,Exciting Futurr File Number:2024-B-15 Development Services November 6, 2024 Report No. DS2024-133 Page 9 of 13 Page 145 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re, Conse... Schedule 3: County of Simcoe Official Plan — Land Use ..n..v Pr 11 County of Simcoe — Land Use ^� =3 Subject Lands Agricultural Greenlands Tcnvnship of C -Rural Proud Heritage,Exciting Future a 10o rn File Number:2024-13-15 N Development Services November 6, 2024 Report No. DS2024-133 Page 10 of 13 Page 146 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re, Conse... Schedule 4: Township Official Plan — Land Use 6007 — anevlroevellevgJ.W. » 7 ol0 ganw qJ 1017 qa 1.Nt. papa qa.w. •Z N IOr � c I� J a411 76 I III 208 Blueber/MaMsh-Rd' `�� 103 a1 45 L� 89 811 326 1410 737 265 325 Township Official Plan — Land Use r ao Subject Lands Agricultural /(`)TauntsJti�'of dd Greenlands OI 0 Rural Proud Heritage,Exciting Future 0 loom File Number:2024-B-15 Development Services November 6, 2024 Report No. DS2024-133 Page 11 of 13 Page 147 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re, Conse... Schedule 5: Township Official Plan — Natural Features old sw,,.xa"d ae w.n.na.E. 3 3�9 E xa ne.w N � J U N it FBI Blu'eber�ry Marsh.Rd. Whetham_Rd, t 4 y P ti Ili tl Township Official Plan - Natural Heritage, Water Resources and Natural Hazards `,= Subject Lands Surface Water Woodlands �A MNR Evaluated M Treed Wetlands M Hedgerow TinvttsAi�t of MNR Un-Evaluated Plantation Wetlands 0;(a-/`e//�'��^Ca��� Permanent Streams Proud Heritage,Exciting Futon 0 300 M File Number:2024-13-15 Al/ I Development Services November 6, 2024 Report No. DS2024-133 Page 12 of 13 Page 148 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re, Conse... Schedule 6: Existing Zoning EP e I� OY Brrk Htl.[. III Il Z A/RU(H) y N Of J 9 U) to A/RU A/RU(H) Blueberry Marsh Rtl. Whetham-Rd-. A/RU Existing Zoning I A/RU(Agricultural/Rural) Subject Lands EP(Environmental Protection) �~ r� J Tin,ns{iiy of /�0; 11ty Proud Heritage,Exciting Fummr 0 100 m File Number:2024-B-15 ti I Development Services November 6, 2024 Report No. DS2024-133 Page 13 of 13 Page 149 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... w OUM s 1 � 'r= L / m CL N o I � - O IE O O J m cn .� E _o o °o LU M cn — `- O L ° U L) a •(n . . Q ( a D o • • N w O t� Page 150 of 234 6.e) 6:55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... w 00 w +� a 9 .a c J 'MZ-awl ---s--- 0 L / ' NCC C o v U A--+ W I � � 3 O O c� cn cn Q = O U F o ti L , o r.. .mac ram',; .F ..E/�♦a. ,.F� �. ■L - � a Page 151 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCar0l, Senior Planner re- Conse... LM w 7-W i� _ L � � LJ u Z ♦..r I � ' Z N O O C � m m mU -=° - E �$ z$ a O N .M t O O CO) � E .� cn C J 3 I N J Ls O Ls U � u E cn O V Page 152 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... � w Ow Q � a O + o x L .a ^CL � 171 W LO IZ— . . 00 © M LO (.0 C 00 a,(c '0 cn E t Lid OG S . � . .0 C) N C O � O $ X E N ca9 ._ 0 O �� }; J L .o o � N O Q c: O O •— U cn E cn V- = � L � NNN i M E E tcoo R3 M C c/) M r O N � L C,J U O N c EE x N U J © 'o 0 U L EL N O Q Q � N U) ' U) CL 0 i LL ® < D a ° Page 153 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Conse... Q ,z LOAr r:R � O O a VJ c U � ° s E E s E E h e{ r, O O oc z W � a a V♦ m m A+ ccd � O vfd � � w O U A V ii M a Page 154 of 234 6.e) 6.55 p.m rroll, Senior Planner re: Conse... O LO J � m i m _ CD U N M r sus� cn Y }+ x O O cu cn .k ^� � ✓( 1§ 1, ��i 0y O O — i O M Pane 155 of 234 6.e) 6.55 p.n' � v arroll, Senior Planner re: Conse... Y t e_ d) L >w+ M, ,s O J O ``OJ / f . M c w' _^ / & �d �� � �� 611 t L avr� � S. ■� �r ti " Q` ' r a Page 156 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re, Conse... } w �iwf� o x .a F= M1 0 ' N � � `v O ran > Ox � cn LU Page 157 of 234 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: ConseLO ... L (D c: rt '> � caa) � x � co = ° Zi �--� O Q) Q 'U •U O M Co c6 N c6 r Q) 1 O co L O •� O m Q � c E U cu co ° o a O c6 �_ '> O a) a) a) }� c6 -O Q) E N c6 +r c: � 0 O o a) o V +� `� c6 n = M > EN .0- � 0 0M M c �i L � cMF- N E O Q) 4--+ O a) -0 L Q) m O }' E: cn ca N r j '> cn O >11 M O N O M •� N Q) � � � •� Q) N O cn (� p 0 L � cna) � � Q Q) --j ---j L U O E Q }' U M . . � O OU .Q M Q to N3: M M ~ 0 4- —_ O U U (n a) M (� j E E O C R O O U M U U a) O L O -c Q) NM '> a) cn Cn > G) •cn � r W O — Q -' cV co Page 158 of 234 V. H 6.e) 6.55 p.m. DS20240133, Catherine McCarroll, Senior Planner re. Corw N U - W � W N co _� U a Q O � 1 Q [n c a--i QO L— LL p Q z _0 � 4 O > N L- MO O to o z o T 1 c O >' a--i y e (�E �, 17 - r V. H 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re- Corw EU, �U � O i Q Cn Q :rip` 1F . r- r t. Q � W vi V r x ' O e m w L O rm O = � � V C, L Page 160 of 234 V. H 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Cores .Q a U} C L � Ci G (f) () z Q � [] VS z = > < (Vt f'1 co z 4 W4 ZD nQ / z W LL_ r _ E r- 6 a � � a) ifu clk ru [2 ru I� I Page 161 of 234 V. H 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re: Coral EU, U LL � O � [J) C � ¢ Y � z LL COD z � z 4 TNx 0z C6 w CL w o � c�� d Page 162 of 234 v _ z 6.e) 6.55 p.m. DS2024-133, Catherine McCarroll, Senior Planner re- C e�..4 C = z US C � L W U z C O g cn � � LL r' e'e C s. t3 IZ Lq - , NI LY7 -1 0 � L L M M `w a v m m m C L 4� m 4 a 1 Li- O cn < Lh C� Page 163 of 234 6 e) 6 55 p m. DS� - rfb§n\r �e:CO_ .: 2a ;K � - � � � % \ % 2 ■ A CL � & o m � . . � m m � © � SE32 _ � E ;222k o 3zI§ ■ k_ A k/$ B \ El :m & / 2 i m \�2 � 2 k22 ; ~ \R3 ® j E �Q [ ■ ca 0 > 0 � C 3 » O m -C 0 C - . E n ¢ Co 0 C) 2 R 2 m 7 W r— F— Pa!16' 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... Township of Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 6, 2024 Report No.: DS2024-134 Subject: Minor Variance Application 2024-A-45, Brianne & Calvin Irwin, 55 Cathedral Pines Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-134 be received and adopted. 2. That Minor Variance Application 2024-A-45, specifically to permit the construction of a single detached dwelling that encroaches 5.43 metres (17.8 feet) into the top of bank of a slope, a rear deck that encroaches 9.54 metres (31.3 feet) into the top of bank of a slope, and retaining walls with a reduced setback of 0.0 metres (0.0 feet) from the interior side lot line, on lands municipally known as 55 Cathedral Pines Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2024-134. 3. The conditions are as follows: a) That notwithstanding Section 5.31 and Section 5.1.3 (d), the single detached dwelling and retaining walls shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the single detached dwelling and retaining walls be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, Development Services November 6, 2024 Report No. DS2024-134 Page 1 of 10 Page 165 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re- Minor... that the retaining walls are located 0.0 metres (0.0 feet) from the interior side lot lines; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background _ The purpose of this report is to provide information and au staff recommendation to uW „ Development Services Committee regarding Minor Variance application 2024-A- 45, which is intended to facilitate the construction of a new single detached dwelling y and associated retaining walls that do not com I with 7 pY several requirements of the 'APR, zoning by-law. ai Pnies Ru- The subject property is , .� located in the Cathedral Pines Subdivision in the Horseshoe = * Valley Settlement Area. The subject lands have a lot area of 0.23 hectares 0.57 acres), are heavily treed and are currently vacant. The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The applicants are proposing to build a new single detached dwelling and associated retaining walls. The applicants are seeking relief to the following sections of Zoning By- law 97-95: Section 5.31 — Setback from Slopes Required: Proposed: 23.0 metres (75.5 feet) from Top of Bank The single detached dwelling is proposed or embankment that exceeds 33%. to encroach 5.43 metres (17.8 feet) into the top of bank of the slope. Development Services November 6, 2024 Report No. DS2024-134 Page 2 of 10 Page 166 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... The rear deck is proposed to encroach 9.54 metres (31.3 feet) into the top of bank of the slope. Section 5.1.3 d Retaining Wall — Setback from the interior side lot line Required: Proposed: 2.0 metres (6.6 square feet) 0.0 metres (0.0 feet) The applicants' site plan and elevation drawings are included as Schedules 2 and 3 to this report. Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are located within the Horseshoe Valley Settlement Area and are designated `Settlements' in the County of Simcoe Official Plan and designated `Low Density Residential' in Schedule B2 of the Township's Official Plan (2022). Detached dwellings are permitted in the Low Density Residential designation; therefore, the requested variances conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One Exception 63 (R1*63) in the Township's Zoning By-law 97-95, as amended. Exception 63 is not applicable as the subject lands are not on a corner lot. The proposed dwelling complies with the provisions of the Development Services November 6, 2024 Report No. DS2024-134 Page 3 of 10 Page 167 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... (R1*63) Zone but requires relief from the Zoning By-law's General Provisions (Section 5.31) to permit a reduced setback from the top of bank of the slope as the lands slope down significantly towards the rear of the property. Section 5.31 of the Township's Zoning By-law states that no buildings or structures shall be located within 23 metres of the top of bank or embankment that exceeds 33%. The applicants have requested a variance to permit the single detached dwelling to encroach 5.43 metres (17.8 feet) into the top of bank and the rear deck to encroach 9.54 metres (31.3 feet) into the top of bank. Zoning By-law 95-97 permits for a reduced setback of 6.0 metres (19.7 feet) if the slope is located in a Registered Plan of Subdivision where the overall lot grading of the subdivision and associated geotechnical or slope stability report has been approved by the Township Engineer and applicable Conservation Authority. However, given the date of registration of the Subdivision Plan (M11) in 1974, it has been determined that the associated geotechnical studies were not provided at that time and would be required to be submitted for any proposed development of the lot. The applicants submitted a Slope Stability Assessment letter, prepared by Green Geotechnical, dated October 7, 2024, that concluded that the property has a low risk of slope instability. The Township's Development Engineering Division has reviewed the assessment and have not identified any concerns with the proposed development as it is in general compliance with the Township's standards. The Development Engineering Division has indicated that a detailed design review will be required in greater detail at the Building Permit stage. In accordance with Section 5.1 of the Township's Zoning By-law, a retaining wall with a height of 1.0 metre (3.2 feet) or more is considered an accessory structure and is subject to the provisions of Section 5.1. Specifically, Section 5.1.3 (d) states that accessory structures shall be set back a minimum distance of 2.0 metres (6.6 feet) from the interior side lot line. The neighbour's retaining walls currently extend into the subject lands. The applicants are proposing to remove the portion of the neighbour's retaining walls that are on their property and build new retaining walls that tie into the neighbour's existing retaining walls. Therefore, the applicants are requesting a setback of 0.0 metres (0.0 feet) from the interior side lot line. Based on the above, Planning Staff is satisfied that the proposed single detached dwelling and retaining walls would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the applicants are limited in terms of where construction can occur on the site due to the topography of the lands and steep slope towards the rear of the property. The location of the proposed dwelling being set into the slope is similar to the surrounding properties that have comparable topography. The majority of the surrounding dwellings predate the Township's current Zoning By-law and similar variance Development Services November 6, 2024 Report No. DS2024-134 Page 4 of 10 Page 168 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... applications have been approved. Planning Staff are of the opinion that the proposed development of the lot is in keeping with the character of the existing residential area. Prior to issuance of a Building Permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval which is intended to ensure that water drainage resulting from the dwelling and retaining walls will be mitigated on the subject lands and will not impact the neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties and the property has been deemed as having a low risk of slope instability according to the slope stability assessment. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be `minor'. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Development Services November 6, 2024 Report No. DS2024-134 Page 5 of 10 Page 169 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Environmental Services — Environmental Services has no comments with respect to the minor variance application. Please, note the following regarding site development and servicing: o The site is to be serviced by a private septic bed- there is no municipal sewage service to the lot. o The area is serviced by Freed (private) drinking water. Contact Freed for discussion on connection to the private drinking water system. • Township Building Division - Building Division has no comment at this time. Applicant/owner to be aware that retaining walls require an engineer design and a building permit will be required. • Township Operations — No comments. • Township Development Engineering - no concerns with the proposal. They are proposing to modify the slopes with retaining walls near the dwelling and will grade the property adjacent to the home in general compliance to Township standards. They will be required to grade the proposed driveway on private property such that it not exceed 7%. Additionally, they will be able to utilize helical piles, geo textile/grides to support the foundation/structure and stabilize the fill. These aspects of the design will be review under the building permit requirements. Import of fill will need to be confirmed and a site alteration permit maybe require if the proposed quantity exceeds the max exempt volumes under out by-law. Additionally, a soil management plan would accompany excess fill import. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Elevation Drawings Conclusion Planning Staff recommend that Minor Variance Application 2024-A-45 be approved, specifically to permit the construction of a single detached dwelling that encroaches 5.43 metres (17.8 feet) into the top of bank of the slope, a rear deck that encroaches 9.54 metres (31.3 feet) into the top of bank of the slope, and retaining walls with a reduced setback of 0.0 metres (0.0 feet) from the interior side lot line on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Development Services November 6, 2024 Report No. DS2024-134 Page 6 of 10 Page 170 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, October 29, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 30, 2024 Brent Spagnol, RPP, Director, Development Services October 31, 2024 Development Services November 6, 2024 Report No. DS2024-134 Page 7 of 10 Page 171 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... Schedule 1: Location Map i xao w.v as 60 38 34 32 30 17 12 10 8 6 q 2 39 41 43 45 47 15 20 640 p 11 55 57 1 59 61 63 65 1 3 5 l 19 11 13 11 67 ` 18 ina Po%nt s 1 26 28 Cathe dra�P��eS Rq Pine . 16 4 7 5 3 33 24 46 2 4 6 8 14 6 31 22 38 40 42 44 48 69 10 12 29 8 27 20 18 ' S0 71 25 16 14 12 10 8 6 4 10 2 52 73 23 75 21 0666 12 19 77 17 15 13 11 197 5 3j,1)1 81 79 Horseshoe Valley Rd.W. G 32 11 9 7 5 3330 3387 p i ale CL '�+ 1 3 3328 p,� 739 31 toN 28 1 29 O 26 27 24 22 7 3331 Location Q Subject Lands Ti f Proud Heritage,Exciting Foam, 0 loom File Number:2024-A-45 ti i i Development Services November 6, 2024 Report No. DS2024-134 Page 8 of 10 Page 172 of 234 6.� 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re- Minor... Schedule 2: Applicant's Site Plan PROPOSED TIERED RETAINING WALLS TO REPLACE EXISTING WOOD RETAINING WALL. lP TO PROPERTY JNE. m yylr PRIM_TER OF DEVELOPNE I't� �• PROPOSED TIERED "- E• RETAINIM WALLS _ >r'°� 11�70M4P7i11�0aW,� SrX� tF Awi~3t 15.24m WELL SETBACK PROPOSED TIERED - 1 - - I, RETAINNG WALLS —Hill- NOT TO EXCEED 0.95m IN ` .. ,�,.' �'r-"'" ,�,>u+ ,t•4 HEIGHT ON WEST SIDE 'Y/ I" �• STABLE TOP Of SLOPE OF PROPERTY Y DECK IABOVE� 384.90 � t aj '-""1 - PROPOSED TIERED LIFE we 383.55 3Ec.B7 RETAWING MALLS PRO POGO j DISPERSE SWALE TO _ 1 EXISTING GRADES 1 I STO EY 384 33 \✓1 - ,1s�.W DIVE-LNG FFE 388.0, O s TFE 387.69 4 ,1 BFE 385.D0 S UFE154 3A 4 3E74 q 23L1101 SETBACK FROM A _ '� I / ,STABLE TOP OF SLOPE- G�RAGE I PERTOWR6MPLONNG 3 +3F721 �R IN'J 3EE?, UFE 38e.0 1j ato-•y,,� �3e;m � INV. ., 36721 I - PROPOSED g SEPTIC AREA e -�� 25.83 '.6.t0 20%♦ E,`+.. . T!�VI INifP4'ST1�ff�YR1 Site Plan ('mini Heritgge, i:xcirhr q Fitire File Number:2024-A-45 Development Services November 6, 2024 Report No. DS2024-134 Page 9 of 10 Page 173 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re- Minor... Schedule 3: Elevation Drawings Front Elevation: - 1 —XI •xs - Left Elevation: E rt Right Elevation: i Rear Elevation: MID OW Elevations D11,11shipof Prmfd Heritafie,Fzcitinq Ftdure File Number:2024-A-45 Development Services November 6, 2024 Report No. DS2024-134 Page 10 of 10 Page 174 of 234 6J) 7.05 p.m. DS2024-134, Catherine McCarroll, Senior Planner re: Minor... w m K a C c - a m 0 m a ' n o r ' 4� x m ii N � O p N •— � v O o }, J CI U c— � E j a) U O c/) 4-5 •� �_ x w > o Fn M U _ c: > L M o • • a CIOM I .— Cfl . 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That DS2024-137 Fee Refund Request— Zoning By-law Amendment Application 2024-ZBA-04 (Frost)/Options Report be received and adopted; 2. That staff proceed with Option as outlined in this report. Background The purpose of this report is to process a ' refund request from the applicant for fees associated with Zoning By-law Amendment Application 2024-ZBA-04. Previous Planning Applications In 2010, the applicants had obtained approval of a Zoning By-law Amendment to rezone the lands from the Agricultural/Rural Zone to the -Bass Lake Srtl.W. _ Agricultural/Rural Exception 197 Hold (A/RU*197(H)) Zone to permit a bed & breakfast establishment (2009-ZBA-24). Later in 2010, the hold was removed after Development Services November 6, 2024 Report No. DS2024-137 Page 1 of 8 Page 184 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Requ... the applicants had entered into a site plan agreement with the Township (2010-SPA- 03). In November 2023, the Site Plan Agreement was removed from title of the property as the bed and breakfast establishment was no longer in use. Shortly after, in 2023, the applicants conveyed approximately 39.3 hectares (97.0 acres) to Simcoe County to enlarge their County forests, see Schedule 3 to this report. As a result of the conveyance of land to the County, a new residential lot was created (4346-010-003- 21113). Zoning By-law Amendment 2024-ZBA-04 On May 21, 2024, the applicants submitted a Zoning By-law Amendment to the Township to remove the holding provision on the subject lands. Through the background research for the report, it was determined that a mapping error occurred and that the holding provision had been removed in 2010 (By-law 2010-055). Planning Staff recommended that the applicants proceed with the Zoning By-law Amendment in order to remove exception 197 (*197) on the zoning of the lands which currently permits a Bed & Breakfast Establishment on the three lots. Typically, the rezoning would have been required as a condition of consent; however, since the applicants were conveying land to the County, they were not required to go to Development Services Committee for approval. The applicants are requesting a full refund of their Zoning By-law Amendment application fees for the following reasons: 1) The purpose of the application was to remove the holding provision, which through Planning Staff's research, was determined that it had already been removed in 2010; and, 2) The applicants were proposing to transfer Part 2 on Plan 51 R-29419 (see Schedule 1) to the Township as Bass Lake Sideroad West runs through Part 2, in exchange for the Township covering their legal fees and the cost of the Zoning By-law Amendment Application. In terms of staff time spent on the application, Planning Staff processed the application, conducted the planning review, circulated the application for comments, conducted a site visit, held a public meeting and started preparing the Zoning By-law Amendment report. Analysis Refund Requests The determination as to whether a refund is appropriate rests within the authority of Council. Standard process requires such requests to be facilitated through a Council resolution. Development Services November 6, 2024 Report No. DS2024-137 Page 2 of 8 Page 185 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Requ... Financial/Legal Implications/ Risk Management Financial implications to this report relate to revenue generation and the utilization of staff resources associated with the review and preparation of this Zoning By-law Amendment application. Policies/Legislation • Planning Act Corporate Strategic Priorities Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations • Township Planning Division • Township Operations Attachments Schedule 1: Plan 51 R-29419 Schedule 2: Plan 51 R-44322 Schedule 3: Site Plan Schedule 4: Fee Refund Request Conclusion Development Services Committee has the following options with respect to the refund request: Option 1 That staff facilitate the refund of fees for Zoning By-law Amendment 2024-ZBA-04 (Frost) and proceed with the rezoning of the 3 parcels to remove exception 197 (*197) free of charge, in exchange for acquiring Part 2 on Plan 51 R-29419. Option 2 That staff facilitate the refund of fees for Zoning By-law Amendment 2024-ZBA-04 (Frost) and do not proceed with the rezoning of the 3 parcels. Development Services November 6, 2024 Report No. DS2024-137 Page 3 of 8 Page 186 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Requ... Option 3 That staff facilitate a partial refund of fees, at the discretion of Council, for Zoning By- law Amendment 2024-ZBA-04 (Frost). Option 4 That the requests for fee refunds for Zoning By-law Amendment 2024-ZBA-04 (Frost) be refused. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, October 30, 2024. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 31, 2024 Brent Spagnol, RPP, Director, Development Services October 31, 2024 Development Services November 6, 2024 Report No. DS2024-137 Page 4 of 8 Page 187 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Requ... Schedule 1: Plan 51 R-29419 yp oral a a It Qo II •�[—� n a '15!i:s ��`�AP.74 m�ae'1Tn[' mruhvn. a1ou �sa -nrcwn .w �r F B we HOE 6Sa3H 03 R @ e _ e tayd x W E 1 IA _�`c N �� � .ttfec � 5 I � � �FR�•�g5p ,� � � mlY• I.(anue E � � $a •I ^� 4 �I I 42 us n o I Ig I 7—c Development Services November 6, 2024 Report No. DS2024-137 Page 5 of 8 Page 188 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re- Fee Refund Requ... Schedule 2: Plan 51 R-44322 u-, ¥ €F •£ &� T 4 Lo aO $6�a 9m § 9 � E R o Ii I R U t 4 4 g ` Development Services November 6, 2024 Report No. DS2024-137 Page 6 of 8 Page 189 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Requ... Schedule 3: Site Plan A /RU'19 u Part of 4346-010-003-03600 Part of 2573 Line 5 North Simcoe County Forest Zoned A/RU*197 A RU 4346-010-003-21110 4346-010-003-21113 478 Bass Lake Zoned A/RU*197 Sideroad West This residential lot was Zoned A/RU*197 created in 2023 through the A ,;� conveyance of part of 4346-010-003-03600 Part 2 on 51 R-29419 to be (identified in blue above) to transferred to the Township the County. Development Services November 6, 2024 Report No. DS2024-137 Page 7 of 8 Page 190 of 234 7.a) DS2024-137, Catherine McCarroll, Senior Planner re: Fee Refund Requ... Schedule 4: Fee Refund Request Hi Catherine, understand thatyou and Tricia have had a few discussions about-the proposed byLawto remove the Exception 107 notation from ourzoning. have no objection to the proposed bylaw. When we originally made our application,our understandi ng was that the Hold was still in pLace.Giventhat itwas in fact removed in 2010,our application wasn't really necessary.For that reason,we would appreciate consideration of a refund of our application fee. One question—I had thought that the 3.5 acre Lot was to be rezoned as Rural Residential Two given its smaLL size. Yet the draft bylaw Leaves it as,Agricultural/Rural.Is that correct? Thanks Doug Development Services November 6, 2024 Report No. DS2024-137 Page 8 of 8 Page 191 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... WON(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: November 6, 2024 Report No: DS2024-131 Subject: Zoning By-law Amendment Application 2024-ZBA-10 ATS Holdings Corporation, 1904 Old Barrie Road East Type: Requires Action Recommendation It is recommended: 1. That Report DS2024-131 regarding Zoning By-law Amendment Application 2024- ZBA-10 applying to lands located at 1904 Old Barrie Road East, Township of Oro- Medonte, be received and adopted; 2. That Zoning By-law Amendment Application 20210-ZBA-10 by ATS Holdings Corporation, specifically to rezone the subject lands from Institutional (1) Zone to Local Commercial Exception 365 (LC*365) to permit a private vehicle repair and maintenance shop on lands located at 1904 Old Barrie Road East, Township of Oro-Medonte be approved; 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. And that the applicant be advised of the decision under the Director, Development Services signature. Development Services November 6, 2024 Report No. DS2024-131 Page 1 of 9 Page 192 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... Background The subject parcel is approximately 2,693.6 square metres (0.06 acres) in ' size, and is located in the Rugby Rural Settlement Area. The building and property used to house a Township Fire Hall. It was declared surplus in 2023 and sold to the applicant. There is an existing building, two underground storage tanks, well and septic system, and a gravel parking lot on the property. It is served by two access -/� points to Old Barrie Road East. r - The building is a Butler Building built in 1971. It is 164.8 square metres (1,776.0 square feet) in size with two bay doors facing the road and an access door on the east side. The balance of the property is landscaped and mature trees surround the property on three sides. There are residential dwellings on the west side of the property and across the road. Farmland is located on the north and east sides of the property. Also across the road is small wood working shop and the Rugby Hall just to the east of the shop. Proposal The applicant would like to change the Zoning on the property to permit a personal vehicle repair and maintenance shop. The applicant is not interested in operating a commercial motor vehicle garage and is not proposing any physical changes to the building or property. The proposed Zoning By-law Amendment would change the Zoning on the property from Institutional (I) to Local Commercial Exception 365 (LC*365) to permit a private vehicle repair and maintenance shop only. A commercial garage would not be permitted under this zone. All current standards for the Local Commercial Zone would continue to apply. A Public Meeting regarding the proposed Zoning By-law Amendment was held on October 2, 2024, to receive comments from Development Services Committee and the public. A neighbour addressed the Committee expressing support for the applicant's proposal to use the former fire hall for vehicle repair and maintenance garage for their Development Services November 6, 2024 Report No. DS2024-131 Page 2 of 9 Page 193 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... personal use. The neighbour did not support the property being used for a commercial garage. There were no other comments submitted. Analysis Planning Staff reviewed the proposed amendment to Zoning By-law 97-95, as amended, in the context of the Provincial Planning Statement, 2024, County Official Plan, Oro-Medonte Official Plan Rural Settlement policies, and development in the vicinity of the subject parcel. The Provincial Planning Statement, 2024 supports healthy, integrated and viable rural areas by focusing growth and development in rural settlement areas. Planning Authorities are to give consideration to locally appropriate rural characteristics, the scale of development and the provision of appropriate service levels when considering development proposals. The vitality and regeneration of rural settlement areas is to be promoted. Under the County Official Plan, the subject lands are designated `Agricultural'. Limited development is permitted under the Agricultural policies provided certain conditions are met. The proposed re-use of the property for a personal vehicle repair garage will not adversely impact agricultural uses in the vicinity of the parcel, does not require any site alteration, and will not disrupt the surrounding area. The County provided comments on the subject application and indicated that they do not oppose the Zoning By-law Amendment. The Township of Oro-Medonte Official Plan designates the subject land `Rural' Settlements. Small scale commercial uses are permitted in this designation. Although the proposed private vehicle repair shop is not a commercial use, its function will be similar. Development is intended to be complimentary and sympathetic to existing land uses and in keeping with the existing character of the area. Staff is of the view that the proposed Zoning Amendment conforms to the policies under the Provincial Planning Statement, 2024 and the County and Township Official Plans. Staff is of the view that the proposed re-zoning for the property to permit a personal vehicle repair and maintenance garage is in keeping with the uses in the area and is an appropriate use for the property. No changes are proposed to the building or property and any activity would take place indoors. Any change in use in the future would require a further Zoning By-law amendment. Financial/Legal Implications/ Risk Management There are potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) by the applicant or designated public body and Council chooses to defend the Committee's decision. Development Services November 6, 2024 Report No. DS2024-131 Page 3 of 9 Page 194 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... Policies/Legislation Planning Act Provincial Planning Statement, 2024 County of Simcoe Official Plan Township of Oro-Medonte Official Plan Township of Oro-Medonte Zoning By-law 97-95 Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of the application was circulated to the public, applicable review agencies and Township departments, and public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: Oro-Medonte Fire and Emergency Services Department (OMFES) - OMFES would like to ensure that fire and life safety requirements are met within the building in order to protect, persons, property and the environment from fire if a fire event were to occur. There is a water supply on site and it would require maintenance to ensure function and reliability. Building Division — no comments at this time. Owner to be aware that a change of use permit will be required if no construction proposed. A change of use with Construction Permit will be required if any construction is proposed. Operations and Infrastructure Division — no comments. County of Simcoe — County Transportation & Engineering staff would not oppose the Zoning By-law Amendment but would like the opportunity to review and comment on any related Development Applications. Enbridge Gas - do not object to the proposed application(s), however, we reserve the right to amend or remove development conditions. At the public hearing a neighbour spoke in support of the application provided it only permits the personal repair and maintenance of vehicles. Attachments Schedule 1: Existing Zoning Development Services November 6, 2024 Report No. DS2024-131 Page 4 of 9 Page 195 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... Schedule 2: Proposed Zoning By-law Amendment Conclusion Planning Staff reviewed the Zoning By-law Amendment application in the context of provincial and local planning policies and considered the comments received. In Staff's opinion, the proposed re-zoning: • Is appropriate for the use of the parcel and existing building • Does not impact the neighbourhood in a negative manner • Is in keeping with the existing character of the area, and • Represents good planning. Based on the above, Planning Staff recommend that the Re-Zoning application submitted by ATS Holdings Corp. to permit a private vehicle repair and maintenance shop for property known municipally as 1904 Old Barrie Road East be approved. Respectfully submitted, George Vadeboncoeur, RPP Manager, Planning Special Projects October 24, 2024 Approvals: Date: Andy Karaiskakis, RPP, Manager of Planning Services October 25, 2024 Brent Spagnol, RPP, Director, Development Services October 31, 2024 Development Services November 6, 2024 Report No. DS2024-131 Page 5 of 9 Page 196 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... Schedule 1: Existing Zoning L* N A/RU •V••.r r d L J Rl Old Barrie Rd.E. R3 7R1 A/RU P, R1.287 RI 4 EV 2 A/RU A/RU r Existing Zoning Rl(Residential One) Subject Lands RUR2(Rural Residential Two) �4 A/RU(Agricultural/Rural) EP(Environmental Protection) / (�- Proud i'l�rirnAv,Es�iriAt Funs MAR2(Mineral Agregate Resource Two) 1(institutional) J 0 100 m File Numbai 202e2eA.10 4, t , , , t Development Services November 6, 2024 Report No. DS2024-131 Page 6 of 9 Page 197 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... Schedule 2: Proposed Zoning By-law Amendment The Corporation of the Township of Oro-Medonte By-Law No. 2024-122 A By-law to amend the zoning provisions which apply to lands at Concession 12, Part East 1/2 Lot 10 RO421223; Oro, Township of Oro-Medonte, County of Simcoe 2024-ZBA-122 (ATS Holdings Corp.) 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 rezone the lands described above; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A-13' to Zoning By-law 97-95, as amended, is hereby further amended by rezoning those lands described as Concession 12, Part East 1/2 Lot 10 RO421223; Oro, Township of Oro-Medonte, from Institutional (1) Zone to Local Commercial Exception 365 (LC*365) Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7 — Exceptions of Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection 7.365 *365 — Concession 12, Part East '/z Lot 10 (Oro), Township of Oro- Medonte (ATS Holdings Corp.) Notwithstanding "Table A2 Commercial Zones Permitted Uses", only a private vehicle repair and maintenance shop shall be permitted on the lands denoted by the symbol *365 on the schedule to this By-law. 3. Schedule "A" attached to By-law No. 2024-122 is declared to form a part of this By- law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 6t" Day of November, 2024. The Corporation of the Township of Oro-Medonte Development Services November 6, 2024 Report No. DS2024-131 Page 7 of 9 Page 198 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Schedule "A" To By-Law No. 2024-122 The Corporation of the Township of Oro-Medonte Old Barrie Rd.E. Lands to be rezoned From the Institutional (1) to Local Commercial Exception 365 (LC'365) This is Schedule "A" to By-Law 2024-122 Development Services November 6, 2024 Report No. DS2024-131 Page 8 of 9 Page 199 of 234 7.b) DS2024-131 , George Vadeboncoeur, Manager, Planning Special Projects... passed the 6th day of November, 2024 The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services November 6, 2024 Report No. DS2024-131 Page 9 of 9 Page 200 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... WON(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 6, 2024 Report No.: DS2024-138 Subject: Minor Variance Application 2023-A-54 Revised, Miroslawa & Stefan Merena, 77 Shoreline Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2024-138 be received and adopted. 2. That Minor Variance Application 2023-A-54 Revised by Miroslawa & Stefan Merena specifically for permission to build a detached accessory building (garage) with an increase in height of 5.21 metres (17.1 feet) and increase in floor area of 148.6 square metres (1,600.0 square feet), and build an addition to the existing non-complying single detached dwelling which increases the floor area of the dwelling by 83.1 square metres (894.5 square feet) within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe and within the required 3.0 metres (9.8 feet) interior side yard setback, on lands municipally known as 77 Shoreline Drive, Township of Oro- Medonte, be approved subject to the conditions as outlined in Report DS2024- 138. 3. The conditions are as follows: a) That the Owner enter into a Development Agreement with the Township to address the following considerations: i. That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; b) That notwithstanding Section 5.1.4, Section 5.1.6 and Section 5.16.1 (b), the detached accessory building and single detached dwelling addition Development Services November 6, 2024 Report No. DS2024-138 Page 1 of 15 Page 201 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re- Minor Variance ... shall otherwise comply with all other applicable provisions of the Zoning By-law; c) That the detached accessory building and single detached dwelling addition be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; e) That the applicant maintains and preserves the existing vegetative buffer on the interior property lines, or replace with a similar vegetative buffer if destroyed; f) That the applicants submit a Septic Permit Application prior to the issuance of the Building Permit for the detached accessory building; g) That the applicant satisfy the permits and approvals required from the Lake Simcoe Region Conservation Authority; and, h) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required) and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background `�► The subject property has a lot area of 0.26 hectares (0.65 acres), according to MPAC records, and contains a single detached dwelling and three (3) detached accessory buildings/structures. The location map is included as Schedule 1 to " this report. Minor Variance Application 2023-A- _ 54 went to Development Services Committee on January 17, 2024. The application was deferred to provide the applicants with the opportunity to address Planning and Building Staff's comments. The applicants have revised their plans by reducing the size of the proposed Ota AL detached accessory building (garage) and are now proposing a renovation to the existing non-complying single detached dwelling which increases the floor area of the dwelling within the existing building footprint. Development Services November 6, 2024 Report No. DS2024-138 Page 2 of 15 Page 202 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... The application returned to Development Services Committee on October 2, 2024, where the application was deferred again to provide the applicants with the opportunity to address Building Staffs concerns with regards to the proximity of the existing septic system to the proposed detached accessory building. The applicants retained a qualified professional to prepare a preliminary septic design which has been reviewed to the satisfaction of the Township's Building Division subject to the applicants submitting a Septic Permit application prior to the issuance of the Building Permit for the detached accessory building. The applicants are now seeking relief to the following sections of Zoning By-law 97-95: Proposed detached accessory building (garage): Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres 14.7 feet 5.21 metres 17.1 feet Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1st floor garage: 88.7 square metres (955.0 square feet) 2nd floor: 59.9 square metres (645.0 square feet) Total: 148.6 square metres 1,600.0 square feet Proposed single detached dwelling renovation: 5.16.1 b — Enlargement, repair or renovation of a non-complying building Required: Proposed: Does not increase the useable Proposing a renovation to the existing non-complying floor area in a required yard. single detached dwelling which increases the floor area of the dwelling by 83.1 square metres (894.5 square feet) within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe and within the required 3.0 metres (9.8 feet) interior side yard setback. The applicant's site plan, detached accessory building elevation drawings, detached accessory building floor plans and dwelling elevation drawings are included as Schedules 2, 3, 4 and 5 to this report. Development Services November 6, 2024 Report No. DS2024-138 Page 3 of 15 Page 203 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Planning Staff is of the opinion that the proposed development is consistent with the LSPP as the proposed detached accessory building will be located further from Lake Simcoe than the existing dwelling and the second floor single detached dwelling addition will not be encroaching any closer to Lake Simcoe than the existing dwelling; therefore, the proposed development is not anticipated to have any adverse impact on the Lake Simcoe shoreline. The Lake Simcoe Region Conservation Authority (LSRCA) provided comments in support of the original Minor Variance application, subject to obtaining an LSRCA permit (see the link to report DS2024-009 below). The LSRCA was circulated the revised Minor Variance application. As of the preparation of this report, LSRCA comments have yet to be received by Township Staff. The Committee should have regard to any revised LSRCA comments that may be received. Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan (2022) which provide permissions for residential uses and accessory structures needed to support those uses. The proposed variances conform to the general intent and purpose of the Official Plan as the applicants are proposing an addition to an existing dwelling and proposing to build a new detached accessory building, which is accessory to a Development Services November 6, 2024 Report No. DS2024-138 Page 4 of 15 Page 204 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... permitted residential use in the `Shoreline' Designation and is not anticipated to conflict with the Official Plan's objectives to protect the natural features of the shoreline area. Do the variances maintain the general intent and purpose of the Zoning By-law? The subject property is zoned `Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to permit the construction of a new detached accessory building with an increased height and floor area. Detached accessory buildings are subject to maximum size restrictions (maximum height, maximum floor area and maximum lot coverage) to ensure that such structures remain secondary and subordinate, in both their appearance and use, to the main residential use of the lot; and to prevent over-development that would detract from the character of the area. Properties that abut Lake Simcoe are permitted to have a detached accessory building in the front yard provided that it is set back a minimum distance of 7.5 metres (24.6 feet) from the front lot line in the Shoreline Residential zone. The proposed detached accessory building will comply with all the required setbacks. Section 5.1.4 of the Zoning By-law allows a maximum height of 4.5 metres (14.7 feet) for detached accessory buildings, which is measured from average grade to mid-roof. The applicants have requested a variance to increase the height to 5.21 metres (17.1 feet). A detached accessory building in the Shoreline Residential zone is permitted to have a maximum floor area of 70.0 square metres (753.5 square feet). The applicants are proposing to build a new detached accessory building with a total floor area of 148.6 square metres (1,600.0 square feet). The main level is proposed to have a floor area of 88.7 square metres (955.0 square feet) which will be used as a three car garage, and the second floor is proposed to have a floor area of 59.9 square metres (645.0 square feet), which is proposed to be used as an attic for storage. The neighbours expressed concerns that the detached accessory building will be used as an apartment dwelling unit. Section 5.1.1 of the Township's Zoning By-law states that detached accessory buildings are not to be used for human habitation. Planning Staff note that the floor plans do not show any plumbing fixtures proposed in the detached accessory building. To ensure that the detached accessory building is not used for human habitation, Planning Staff recommend that as a condition of approval, the Owners enter into a Development Agreement with the Township, that is registered on title and addresses the following in addition to other standard conditions: 1) That the detached accessory building not be used for human habitation, commercial purposes or for a home industry. Development Services November 6, 2024 Report No. DS2024-138 Page 5 of 15 Page 205 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... In Planning Staff's opinion, the proposed two-storey garage at 148.6 square metres (1,600.0 square feet) is secondary and subordinate in both its size and appearance to the existing two-storey dwelling, which with the addition, will have a total floor area of 292.7 square metres (3,150.9 square feet). The accessory building's smaller size, its location setback from the road (29.45 metres-96.6 feet from the front lot line) and the proposed use as a garage and for storage, will ensure that it will remain secondary to the primary residential use. The applicants have requested a variance from Section 5.16.1 (b) as they are proposing to build an 83.1 square metre (894.5 square feet) second floor addition to the existing non-complying single detached dwelling, which will increase the floor area of the dwelling within the required 20.0 metres (65.6 feet) setback from the average high water mark of Lake Simcoe and within the required 3.0 metres (9.8 feet) interior side yard setback. The Zoning By-law requires a minimum setback of 20.0 metres (65.6 feet) from the average high-water mark of Lake Simcoe to protect natural heritage features and to protect people, property and structures from natural hazards such as flooding and erosion. The Zoning By-law's requirement for a minimum interior side yard setback of 3.0 metres (9.8 feet) in the Shoreline Residential Zone is intended to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. In Planning Staff's opinion, the proposed addition meets the general purpose and intent of the Zoning By-law as the second floor addition is contained within the existing dwelling footprint and will not extend any closer to the average high-water mark and therefore is not anticipated to have any adverse impacts on the shoreline, and it will not extend any closer to the interior side lot line than the existing dwelling. Should the owners need to bring any large machinery around the dwelling, there remains ample space to access the backyard along the west side of the dwelling. Based on the above, Planning Staff is satisfied that the proposed detached accessory building and single detached dwelling addition would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the existing dwelling and proposed dwelling addition are not visible from the road, due to the shape of the lot and the existing vegetation. The subject lands contain vegetation along the interior side lot lines, which will help screen the dwelling addition and detached accessory building from view from the neighbouring properties, see the site visit photos on Schedule 6 to this report. Planning Staff recommend that as a condition of approval, that the applicants maintain and preserve the existing vegetative buffer along the interior side lines or replace with a similar Development Services November 6, 2024 Report No. DS2024-138 Page 6 of 15 Page 206 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... vegetative buffer if destroyed. This condition can also be implemented within the recommended development agreement. Prior to issuance of a building permit for the detached accessory building, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed accessory building will be mitigated on the subject lands and will not impact neighbouring lots. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as they are not anticipated to have any adverse impacts on the neighbouring properties or on the Lake Simcoe shoreline. As these variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Development Services November 6, 2024 Report No. DS2024-138 Page 7 of 15 Page 207 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... Consultations A notice sign was posted on the property and notice of the application was circulated to agencies, Township Departments and to assessed property owners within a 60-metre (200 feet) radius of the lands. Comments were received on behalf of the neighbour located at 89 Shoreline Drive indicating concerns with regards to the size of the proposed detached accessory building and the undesirable densification of the dwelling, blocking views and light. Comments were received at the public hearing on October 2nd 2024, from the property owner at 71 Shoreline Drive with concerns that the proposed garage will be used as a secondary residential unit. As of the preparation of this report, the following comments have been received from Township Departments and external agencies on the revised plans: • Township Infrastructure and Capital Projects — No comments. • Township Building Division - Based on the review of the documents submitted, it appears that a sewage system can be accommodated on the property outside the boundaries of the proposed accessory building. Applicant to be aware that this is not a septic permit review. A septic permit application will be required to be submitted prior to issuance of the accessory building permit. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Detached Accessory Building — Elevation Drawings Schedule 4: Detached Accessory Building — Floor Plans Schedule 5: Single Detached Dwelling — Elevation Drawings Schedule 6: Site Photos Related Reports and Presentations DS2024-009 - Minor Variance Application 2023-A-54, Miroslawa & Stefan Merena, 77 Shoreline Drive DS2024-115 — Minor Variance Application 2023-A-54 Revised, Miroslawa & Stefan Merena, 77 Shoreline Drive Conclusion Planning Staff recommends that Minor Variance Application 2023-A-54 as revised be approved, on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Development Services November 6, 2024 Report No. DS2024-138 Page 8 of 15 Page 208 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... If approved, the minor variance would specifically permit the following subject to a development agreement: • The construction of a detached accessory building (garage) with a height of 5.21 metres (17.1 feet); • A floor area of 148.6 square metres (1,600.0 square feet); • Construction of an addition to the existing non-complying single detached dwelling to increase the floor area of the dwelling by 83.1 square metres (894.5 square feet); • Construction within the existing dwelling which is currently situated within the required 20.0 metre (65.6 feet) setback from the average high water mark of Lake Simcoe and within the required 3.0 metre (9.8 feet) interior side yard setbacks prescribed within By-law 95-97. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, October 30, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 30, 2024 Brent Spagnol, RPP, Director, Development Services October 31, 2024 Development Services November 6, 2024 Report No. DS2024-138 Page 9 of 15 Page 209 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 1: Location Map 2 4 3 sM1a<vmkvxa.w.' 6 'a 2461 `a 7 2553 8 U) 0 2501 O LL .,a•"° 10 wtl...e:w. 11 2 4 6 Lakewood Ct. JII 8 154 150 5 144 647 3 134 _ 126 M 657 11 118 143 � —F 7 106 135 J 667 9 127 94 119 86 111 677 12 28 34 1 38 48 74 !y r 103 Shoreline Dr. 2 3't 93 7 15 25 31 47 51 55 61 71 — 89 707 67 715 Lake 717 Simcoe 724 737 725 752 755 2382 2384 77-5 Location ,/�� Q Subject Lands TnwnsDipn'f �& Proud Heritage,Exciting Fulm, 0 loom File Number:2023-A-54 ti I i i Development Services November 6, 2024 Report No. DS2024-138 Page 10 of 15 Page 210 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 2: Applicant's Site Plan I I - I � L T I L T I i III .1 DUVEWAY •PRWOSEQ. r. ] GARA'uf O O 1 •q., ' j b.FLO TO UrkIM TH ROM MID UO0.0ORTOGRO THE ROM UWEn EAGR+G 7FR IBIIlIMR ATORA'ER?O REYAIN ;NO YMORk AT GR/uE �f5 a AR7 N 1�5�/(✓�IIII� Tountship o� Site Plan Proud Heritage,Exciting Futurr File Number:2023-A-54 Development Services November 6, 2024 Report No. DS2024-138 Page 11 of 15 Page 211 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 3: Detached Accessory Building — Elevation Drawings North Elevation: I East Elevation: F, I South Elevation: �uLJ West Elevation: -1 Detached Accessory Building - Tol�,tsitr Elevation Drawings 'r Proud Hnitage,F.xtitin,{r Future Flle Number:2023•A-4-54 Development Services November 6, 2024 Report No. DS2024-138 Page 12 of 15 Page 212 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 4: Detached Accessory Building — Floor Plans Main Floor: TIT -------------- -- < .<.. I i I. I Second Floor: ]III III!1111TI ;r -------------------- - Detached Accessory Building - Tou�tsitr � Floor Plans Q��'r Proud Heritage,Exciting Future Flle Number:2023-A-54 Development Services November 6, 2024 Report No. DS2024-138 Page 13 of 15 Page 213 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 5: Single Detached Dwelling — Elevation Drawings South Elevation: North Elevation: West Elevation: / t East Elevation: I ok Detached Accessory Building - ,, I fjo Elevation Drawings OAaz Proud Hcritagc,Exciting Futurr File Number:2023-A-4-54 Development Services November 6, 2024 Report No. DS2024-138 Page 14 of 15 Page 214 of 234 7.c) DS2024-138, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 6: Site Photos Location of the proposed detached accessory building and vegetation along the west interior side lot line, adjacent to 71 Shoreline Drive. Photo taken during the September 18, 2024 site visit. Vegetation along the east interior side lot line, adjacent to 89 Shoreline Drive. Photo taken during the January 10, 2024 site visit. "1 y. 1 Y ay. - A F Site Visit Photos Tounsiti Q��f Proud Heritage,Exciting Future He Number:2023•A-4-54 Development Services November 6, 2024 Report No. DS2024-138 Page 15 of 15 Page 215 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... �_ (W Township of ffet1onAo, Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: November 6, 2024 Report No.: DS2024-129 Subject: Zoning By-law Amendment Application 2024-ZBA-12, Hang Gao & Xu Han, 1667 Ridge Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-129 be received and adopted; 2. That Zoning By-law Amendment Application 2024-ZBA-12 by Hang Gao & Xu Han, specifically to rezone the severed lands from the Agricultural/Rural Exception (A/RU*15) Zone to the Residential One (R1) Zone, on the lands municipally known as 1667 Ridge Road East, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. And that the applicant be advised of Development Services Committee's decision under the Director, Development Services signature. Development Services November 6, 2024 Report No. DS2024-129 Page 1 of 8 Page 216 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re- Zoning... Background Development Proposal The purpose of the Zoning By-law Amendment application is to rezone the severed lands from the Agricultural/Rural Exception (A/RU*15) Zone to the Residential One (R1) Zone. PROPOSED LOTS TO BE CREATED This application is to fulfill a condition of approval for Consent Applications 2024- `\ B-08, 2024-B-09 and 2024- / B-10, which were conditionally approved by RWRoWEAST the Development Services Committee on August 7, FL 2027. The Committee granted provisional consent towel towel to permit the creation of three (3) new residential lots fronting onto Ridge Road East subject to a number of conditions, including: that the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. Property Description The subject lands are located on the south = \ _ side of Ridge Road East, east of Line 11 South, in the Hawkestone Rural Settlement area. The subject property has frontage ad�aa�. along Ridge Road of approximately 237.8 metres (780.2 feet) and a lot area of ' approximately 20.3 hectares (50.3 acres). The lands contain a single detached dwelling, several outbuildings and is heavily forested. �M A W-it � Development Services November 6, 2024 Report No. DS2024-129 Page 2 of 8 Page 217 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... Analysis Provincial Planning Statement (PPS 2024) The intent of the Provincial Planning Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 2.3.1.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Planning Staff is of the opinion that the proposed development is consistent with the policies of the PPS as the proposed new lots are located within a rural settlement area (Hawkestone) and the severed lands would be serviced by private individual water and septic systems which is an appropriate method of servicing commonly utilized within Rural Settlement Areas that do not have municipal services available. Lake Simcoe Protection Plan (LSPP) The lands to be severed and rezoned are located outside of the Lake Simcoe Region Conservation Authority's regulated area. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the subject consent applications in context to the policies in the LSPP, specifically Policy 4.15 DP, which restricts new on-site sewage system or subsurface sewage system within 100.0 metres (328.1 feet) of the Lake Simcoe shoreline. The proposed lots are located outside of the 100.0 metres (328.1 feet) setback relinquishing the need for restriction under Policy 4.15 DP. Township of Oro-Medonte Official Plan The subject lands are designated "Rural Settlements" in accordance with the Township's Official Plan. Rezoning the severed lands to the Residential One (R1) Zone would be appropriate for a residential lot within a Rural Settlement area. Proposed Zoning By-law Amendment The subject property is currently zoned "Agricultural/Rural Exception (A/RU*15)" in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Applications 2024-B-08, 2024-B-09 and 2024-B-10, which went through a public process under the Planning Act and was approved by Development Services Committee at their meeting on August 7, 2024. Therefore, Staff recommends approval of Zoning By-law Amendment 2024-ZBA-12 and has prepared a Zoning By-law Amendment for consideration by Council. Development Services November 6, 2024 Report No. DS2024-129 Page 3 of 8 Page 218 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... The By-law prepared by Staff would rezone the severed lands from Agricultural/Rural Exception (A/RU*15) Zone to the Residential One (R1) Zone, which would permit residential uses. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Staff are of the opinion that the proposed development is consistent with the Township's strategic priority. Consultations Notice of this application was circulated to the public and to applicable review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division: No comment. • Enbridge: No objection. • Bell Canada: Bell Canada will provide a response should any comments / input be required on the information included in the circulation received. Attachments Schedule 1: Applicant's Rezoning Sketch Schedule 2: Draft Zoning By-law Development Services November 6, 2024 Report No. DS2024-129 Page 4 of 8 Page 219 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... Related Reports & Presentations Staff Report DS2024-100 - Consent Applications 2024-B-08, 2024-B-09 & 2024-B-10, Hang Gao & Xu Han, 1667 Ridge Road East Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2024-ZBA-12 by Hang Gao and Xu Han be approved on the basis that the application is consistent with the Provincial Planning Statement 2024, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services, October 30, 2024 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services October 31 2024 Development Services November 6, 2024 Report No. DS2024-129 Page 5 of 8 Page 220 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 1: Applicant's Rezoning Sketch DAYLIG . NTING LOT LINE TRIANGLE m ,�E O AD E PROPOSED E 15.22 HOUSE DRILL WELL (1667 RIDGE RD E) 11.97 mm mI y .� 7.20 m f6.50 m A1 Ph a 1 13.54 rr 16.50 m a.61 m �•s f V r 1 oPOSEo 1 36 ALLEN EDE 3 is II 3 ^�n0`USE N E O PROPOSED STREETHOUSE 0 0 1�` _ "D o: 13.38 m L 1 � E F 14.65 m' 11 t m .98 m' m ExISTINO tv m , a 1 / N toSEPTIC O 1 I /0R We Mun < I 7.84 m 3 3 w 1667 Rw6.Rd E r I 7.0 N lS98 3 I v 3 3 m 1 1 1 m Filter Bed 7oh1 P-P..od 1 3 7.53 m Filter Bed Smx7m s.—Dnb 6.804n •80m 5mx7m Contact All Three Loft I CONTACT Area AREA 1 7MX17M 7mx17m 53.30 m ; , MOTE:THE DRILLED WELL FOR EXISTING MOUSE LOCATED 1 1 2SOM BOUT"/EAST LOT## 1 0.20he LOTR3 AwArrROM THE HOUSE I 0.20ha 1 I Proposed Lot Une , 1 1 I I 29.01 m 30.11 m I I 1 Retained land LANDS TO BE REZONED FROM proposed Lot Une AGRICULTURAURURAL EXCEPTION (1667 Ridge Rd E) (A/RU-15)ZONE TO RESIDENTIAL ONE (R1)ZONE 4 Development Services November 6, 2024 Report No. DS2024-129 Page 6 of 8 Page 221 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 2: Draft Zoning By-law The Corporation of the Township Of Oro-Medonte By-Law No. 2024-124 A By-law to amend the zoning provisions which apply to lands at 1667 Ridge Road East, Concession 12, West Part Lot 22 (Oro). Township of Oro-Medonte 2024-ZBA-12 (Gao) 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 rezone the subject lands; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows 1. Schedule 'A6' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 12, West Part Lot 22, Geographic Township of Oro, Township of Oro-Medonte, from the Agricultural/Rural Exception (AIRU*l5) Zone to the Residential One (R1) Zone, as shown on Schedule "A" attached and forming part of this By-law. 2. Schedule "A' attached to By-law No. 2024-124 is declared to form a part of this By- law. 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, Second and Third Time. and Passed this V, Day of November, 2024. The Corporation of the Township Of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk, Janette Teeter Development Services November 6, 2024 Report No. DS2024-129 Page 7 of 8 Page 222 of 234 7.d) DS2024-129, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 'A' To By-Law No. 2024-124 The Corporation of the Township of Oro-Kledonte T� N f John St:� 40 r F-I Subject Lands ElLands to be rezoned From the Agricultural/Rural Exception 15 (A/RU'15) Zone to the Residential One (R1) Zone Development Services November 6, 2024 Report No. DS2024-129 Page 8 of 8 Page 223 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A(W ... Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: November 6, 2024 Report No.: DS2024-135 Subject: Zoning By-law Amendment Application 2024-ZBA-15, Sherry & Donald Hubbert, 404 Ridge Road East Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2024-135 be received and adopted; 2. That Zoning By-law Amendment Application 2024-ZBA-15 specifically to rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone to fulfill a condition of Consent Application 2023-B-02, on the lands municipally known as 404 Ridge Road East, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the appropriate By-law for Council's consideration. 4. And that the applicant be advised of Development Services Committee's decision under the Director, Development Services signature. Development Services November 6, 2024 Report No. DS2024-135 Page 1 of 11 Page 224 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re- Zoning By-law A... Background Property Description The subject lands are ' located at the northeast 326 corner of the intersection of Line 6 South and Ridge Road East. The lands occupy a lot area of d approximately 55.4 744 hectares (136.81 acres). The subject lands contain a single detached 628 dwelling and several agricultural buildings. 20 Surrounding land uses 591 697 consist most) of y q66 agricultural uses and Burl's Creek event lands + 375 are located to the north of the subject lands. A .r 93 67 Location Map is included 0 177 ggg as Schedule 1 to this 63, 69 ,.2 report. 61 q2 66 7B 90 4 13o tq2 t66 174 1B8 202 2q6 234 246 262 2.76 290 72§ Zoning By-law Amendment 2024-ZBA-15 On September 25, 2024, the applicants submitted the Zoning By-law Amendment application to the Township. This submission was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comment. The purpose of the Zoning By-law Amendment application is to rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone. This application is to fulfill a condition of Consent Application 2023-B-02 that was conditionally approved by the Development Services Committee on December 6, 2023 for the purpose of a boundary adjustment to be added to 400 Ridge Road East. Analysis Provincial Planning Statement (2024) The Provincial Planning Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 2.5 — Rural Areas, Section 4.1 — Natural Heritage and Section 4.3 — Agriculture are applicable to Development Services November 6, 2024 Report No. DS2024-135 Page 2 of 11 Page 225 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... this application. The rezoning of the lands to a residential zone will not impact the viability of the farmland as the merged lands are not large enough to permit agricultural uses. No new buildings or structures are proposed as part of this application; therefore, no adverse impacts are anticipated on the watercourse (Burls Creek), floodplain and woodland as a result of the rezoning. Furthermore, the current Environmental Protection (EP) Zone will remain unchanged to ensure the ongoing protection of the natural heritage features. Based on the above, Planning Staff is of the opinion that this Zoning By-law Amendment is consistent with the Provincial Planning Statement. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Environmental Protection (EP) Zone will remain unchanged to ensure the ongoing protection of the natural heritage features. The Lake Simcoe Region Conservation Authority (LSRCA) provided comments in support of the original boundary adjustment application. At the time of writing this report, comments have yet to be received from the LSRCA regarding the proposed rezoning. Committee members shall have regard to any LSRCA that may be received. County of Simcoe Official Plan The subject lands are designated `Agricultural' in the County of Simcoe Official Plan. Section 3.6 Agricultural seeks to protect prime agricultural lands for long-term agricultural use. As part of the boundary adjustment application, the applicants submitted a soil test report and soil reference letter that indicated that the soil is very poor quality, making it impractical for modern day farming activities. Due to the poor quality of the soil and the fact that the merged lands are not large enough to permit an agricultural use, Planning Staff are satisfied that the proposed rezoning to a residential zone generally conforms to the County of Simcoe's Official Plan as there will not be a negative impact on the agricultural system. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' in the Township's Official Plan. Based on the agronomist's assessment of the lands to be rezoned which identifies poor soil quality on the site, Planning Staff are satisfied that the proposed rezoning is generally in keeping with the intent of the Agricultural policies stated in the Official Plan, as the rezoing will not affect the viability of the agricultural parcel. Furthermore, the merged lands are not large enough to permit an agricultural use. Development Services November 6, 2024 Report No. DS2024-135 Page 3 of 11 Page 226 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... Based on the above, Planning Staff are of the opinion that this application conforms to the Township of Oro-Medonte Official Plan. Proposed Zoning By-law Amendment The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. The Environmental Protection Zone serves as a buffer around a watercourse that runs through the south end of the property. The rezoning clarifies the permitted uses as residential fort the merged lands to avoid the false impression that there are permissions for an agricultural building or agricultural use, as the merged lands would not be large enough to permit an agricultural use as it requires a minimum lot size of 2.0 hectares (4.9 acres). Planning Staff recommends approval of Zoning By-law Amendment 2024-ZBA-15 and that Council enact the draft Zoning By-law attached as Schedule 5 to this Staff report. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Goals • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects: No comments. Development Services November 6, 2024 Report No. DS2024-135 Page 4 of 11 Page 227 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... • Township Building Division: No comment. • Bell Canada Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan/Zoning Sketch Schedule 3: Existing Zoning Schedule 4: Proposed Zoning Schedule 5: Draft By-law Related Reports & Presentations Staff Report DS2023-098 - Consent Application 2023-B-02, Sherry & Donald Hubbert, 404 Ridge Road East Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2024-ZBA-15 be approved, specifically to rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone, as the application conforms to and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, October 29, 2024. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services October 30, 2024 Brent Spagnol, RPP, Director, Development Services October 31, 2024 Development Services November 6, 2024 Report No. DS2024-135 Page 5 of 11 Page 228 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 1: Location Map 250 xao w.v 265 259 234 I *° " Id E. 303 a 315 330 ua..a.w. 329 J 4 354 49 335 744 04, 646 =;I r521 628 504 280 �20-r a I I J —r 591 597 551 465 375 625 641 653 193 672 691 185 682 177 698 703 169 + 71 7714 721 837 �� 161 42 54 66 78 90I 130 142 1 66 172 188 202 216,234I246 262 276 290 736 153 744 Tu d hope_Blvdd 301 758 9 23 39 51 7385 99 129 163 10 11 245 275 2851:315 760 113 145 175 257 764 763' Location Q Subject Lands Ti f Proud Heritage,Exciting Fulm, 0 loom File Number:2024-ZBA-15 Development Services November 6, 2024 Report No. DS2024-135 Page 6 of 11 Page 229 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 2: Applicant's Site Plan/Zoning Sketch TOWNSHIP OF ORO—MEDONTE Fer=y 2A'• 02' COUNTY OF SIMCOE 9[ACL, ,uo • < - l L-d T!"EMvi,im d nE"UM 1.AIE OE T6 PLM 6 2' 2 tiiepoe(T:a.71) e,o..,n 1Efon '- 3 YO1 PlOrtm. 2 4---- J- C. STANTON O.LS.. O.U.P.•C.L-S. , 2024 Lands conditionally severed from 404 Ridge Lands to remain zoned Road East through Consent Application Environmental Protection 2023-B-02 for the purpose of a boundary (EP). adjustment to be added to 400 Ridge Road East. These lands are to be rezoned from <<; the Agricultural/Rural (A/RU)Zone to the "(36 s' A RT e _!9lv Rural Residential Two (RUR2)Zone. A LESS Or7e A r - = J / ` 400 Ridge Road East d : << • •� _ (Currently Zoned _ .., ==V------ - — Rural Residential Two ROAD MI]ENiK: (E K R R OR RIA-10N PLAN R0217351) (RUR2) .._ S I Y C 0 E C O U N T Y R 0 A D N o. 2 0 _ ( -s° •.0— As) . moo. RI D G E ROAD .._._ Tounts/)ip o� Site Plan/Zoning Sketch Proud Heritage,ExcitiN,g FuN1rr File Number:2024-ZBA-15 Development Services November 6, 2024 Report No. DS2024-135 Page 7 of 11 Page 230 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 3: Existing Zoning �- EP4309 RUR2 EP n Q a I �ii EP /RU*306 A/RU K ..w. r w. ..n..v.0 'I a n OY Brrk Htl.[. � EP*309 RUR2 C EP*309 Af RU*307 A/RU*308 (A a ao A/RU i J EP Af RU a' sRid9e,n 70i AJRIU A/RU A/RU U]4 E A/RU C Af RU(H) J A/RU Q - A/RU m A/RU E v� F� A/RU*336(H) SR SR A/RU SR Tudhope Blv.-d. sR SR OS SR EP Existing Zoning O�W RUR2(Rural Residential Two) r� SR(Shoreline Residential) `_I Subject Lands Toivnsiiiy�) A/RU(Agricultural/Rural) _ EP(Environmental Protection) Proud HcrimSc,Lsciting Future OS(Open Space) PR(Private Recreational) 0 100 m File Number:2024-ZBA-15 Development Services November 6, 2024 Report No. DS2024-135 Page 8 of 11 Page 231 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 4: Proposed Zoning Id I w ,I' J / 2 y a Proposed Zoning Lands Rezoned From the Agricultural/Rural (A/RU) Tnrrrslripn( Zone to the Rural Residential Two (RUR2)ZonejYc Prond Heritage,Exciting Future 0 140 Meters File Number:2024-ZBA-15 4/ I i i r I Development Services November 6, 2024 Report No. DS2024-135 Page 9 of 11 Page 232 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 5: Draft By-law The Corporation of the Township Of Oro-Medonte By-Law No. 2024-123 A By-law to amend the zoning provisions which apply to lands at 404 Ridge Road East, Concession 9 best Part Lot 24 (Oran), Township of Oro-Medon'te 2024-ZBA-15 (Hu bbert) Whereas the Council -of the 'Corporation of the Township of Oro-I'dedonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R_S_0. 1990, c_P_13, as amended. An d Whe real Cc u ncil deems it appro pri ate to rezo n e the subject I ands. Now Therefore the Council of the Township of Ore-Medonte hereby enacts as follows- 1. Schedule 'A5' to Zoning By-law 97-95, as amended; is hereby further amended by changing the zone symbol applying to a portion of the lands I-ocated in Concession 9 West Part Lot 24, Geographic Township of Oro, Township of Ciro-Medonte[ from the Ag ri cultu rallRura I (AfRU) Zone to the Rural Residential Two (RUR2) Zone. as shown on Schedule :'A" attached and forming part of this By-law. 2_ Schedule "A" attached to By-law No. 2024-123 is declared to form a part of this By- law. 3_ This By-law sha11 come into effect upon the date of passage hereof, subject to the provisions of the Planninq Act, as arnended_ Bey-Law read a First, Second and Third Time, and Passed this 6t' Day of November, 2024. The Corporation of the Township Of Oro-Me do me Mayor, Randy O roe nlaw Deputy Clerk, Janette Teeter Development Services November 6, 2024 Report No. DS2024-135 Page 10 of 11 Page 233 of 234 Te) DS2024-135, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 'A' To By-Law No. 2024-123 The Corporation of the Township of Oro-Medonte ti _ I -R;d9e R�. 1 Subject Lands ElLands Rezoned From the AgriculturalMural(A/RU) Zone to the Rural Residential Two(RUR2)Zone This is Schedule'A'to By-Law 2024-123 passed the 61' day of November. 2024- The Corporation of the Township of Oro-Medonte Mayor; Randy Greenlaw Deputy Clerk, Janette Teeter (Application 2024-ZBA-15) Development Services November 6, 2024 Report No. DS2024-135 Page 11 of 11 Page 234 of 234