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02 05 2025 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda Township of Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, February 5, 2025 5:30 p.m. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Residents and business owners are encouraged to continue to utilize on line and telephone services for Township related business; and staff continue to be available to provide assistance by telephone, email and in person. Input on agenda items are welcome and encouraged by emailing planninq(a)_oro- medonte.ca or registering to participate at a Development Services Committee meeting at the "Request for Participation Form" link below. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings. In-person attendance at public meetings is also available. Protocols have been established to advise how to electronically participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Participation Form Protocols for Public Participation Council and DS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. Page 1. Opening of Meeting: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH- Page 1 of 179 toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic M6tis 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 - 14 a) Minutes of Development Services Committee meeting held on Wednesday, January 15, 2025. 01 15 2025 Development Services Committee Minutes 5. Public Meetings: 15 - 31 a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 12, North Part Lot 19 (Oro), municipally known as 10 Line 12 North, 2024-ZBA-18 (Northern Diversified Ltd.) [Refer to Item 7a) and Item 5a) 02 05 2025 Council Agenda]. Notice of Complete Application & PM 5a Presentation 32 - 47 b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte, Concession 12, North Part Lot 20 (Oro), municipally known as 159 Line 11 North, 2024-ZBA-19 (2520309 Ontario Inc.) [Refer to Item 7b) and Item 5b) 02 05 2025 Council Agenda]. Notice of Complete Application & PM 5b Presentation 48 - 63 c) 6:00 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 8 Part East Part Lot 17 Reference Plan 51 R1 5953 Part 1, Township of Oro-Medonte (formerly Page 2 of 179 Oro), municipally known as 560 Line 8 North, 2024-ZBA-17, (Lucas). Notice of Complete Application & PM 5c Presentation 6. Public Hearings: 64 - 91 a) 6:10 p.m. DS2025-015, Yubing Fan, Planner re: Minor Variance Application 2025-A-02 (Silma), 149 Eight Mile Point Road. DS2025-015 6a Presentation 7. Reports of Municipal Officers: 92 - 101 a) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning By- law Amendment Application 2024-ZBA-18 (Northern Diversified Ltd.), 10 Line 12 North [Refer to Item 5a) 02 05 2025 Council Agenda]. DS2025-010 102 - 111 b) DS2025-011, Andy Karaiskakis, Manager, Planning Services re: Zoning By- law Amendment Application 2024-ZBA-19 (2520309 Ontario Inc.), 159 Line 11 North [Refer to Item 5b) 02 05 2025 Council Agenda]. DS2025-011 112 - 127 c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-56 (Creighton & Moulton), 360 Ingram Road. DS2025-013 128 - 136 d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Removal of Holding Provision on Forest Heights Estates Plan of Subdivision (Plan 51 M- 1246), Application Nos. 2025-ZBA-01 to 2025-ZBA-08 [Refer to Item 5c) 02 05 2025 Council Agenda]. DS2025-016 137 - 179 e) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-64, 3626 Line 5 North (Gingras). [Report to be distributed when available]. DS2025-018 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, Special Projects, Planning re: Litigation affecting the municipality; Solicitor-client privilege (Short Term Rentals (STR's)). [Addenda] 9. Next Meeting Date: Page 3 of 179 March 5, 2025. 10. Adjournment: a) Motion to Adjourn. Page 4 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... .�� The Township of Oro-Medonte Townshipgf Development Services Committee Minutes Electronic Hybrid Meeting Proud Heritage,Exciting Future Wednesday, January 15, 2025 5:30 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard je**%. Councillor David Clark Councillor Richard Schell Councillor Robert Young (video display was inactive) Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; Catherine McCarroll, Senior Planner; Yubing Fan, Planner; Michael Barton, Township Planning Consultant; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Patrick Howse, Information Technology Technician (IT) All Committee and staff participated via Zoom platform. 1. Opening of Meeting: Deputy Mayor Lavoie assumed the Chair at the above noted time and called the meeting to order. He then read the Township's land acknowledgement. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. Page 1 of 10 Page 5 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC250115-1 Moved by Schell, Seconded by Bard It is recommended that the agenda for the Development Services Committee meeting of Wednesday, January 15, 2025 be received and approved. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, December 4, 2024. Motion No. DSC250115-2 Moved by Hutcheson, Seconded by Clark It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, December 4, 2024 be received and approved as printed and circulated. Carried. Page 2 of 10 Page 6 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes - Wednesday, January 15, 2025. 5. Public Meetings: a) Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte; Part of Lot A, Plan 461 , Parts 1 - 7, Plan 51 R-29454 (Oro), municipally known as 8652 Highway 12, 2024-ZBA-07 (Townsend Penner Holdings Inc.). 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 Townsend Penner Holdings Inc. The following correspondence was received: Ministry of Transportation dated December 9, 2024; Severn Sound Environmental Association dated December 12, 2024; Township of Oro-Medonte, Building Division dated December 12, 2024; Huron- Wendat Nation (Wendake) dated December 13, 2024; Township of Oro-Medonte, Operations Division dated December 17, 2024; Phil and Pat Smith dated January 5, 2025; Ken Groves dated January 5, 2025; Ronit Kushnir dated January 5, 2025; Rick Kushnir dated January 6, 2025; G.C. Ferzoco dated January 7, 2025; Ruchi Varma dated January 8, 2025; Andrea and Roger Kieswetter dated January 8, 2025; Janet and Al Doering dated January 8, 2025; Carol Curran dated January 8, 2025; Sean Curran dated January 8, 2025; Sandy Perryman dated January 9, 2025; Jack Van Kessel dated January 9, 2025; Ted Vincent dated January 9, 2025; David J. Perryman dated January 9, 2025; Allan Cole dated January 10, 2025; Miriam Grushka dated January 10, 2025; Karen Perryman dated January 10, 2025; Joe Nogueria dated January 12, 2025; Ryan Curran dated January 13, 2025; Corrie Strikwerda Bergsma dated January 14, 2025; Devin Curran dated January 14, 2025; Anna and Michael Preston dated January 14, 2025; Don Salmon and Barbara Davidson dated January 14, 2025; Brenda Jenkins dated January 15, 2025. Jamie Robinson, MHBC, agent on behalf of the applicant, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The following provided verbal comments: Janet Doering, Randy Hoover, Richard Kushnir and David Perryman presented a combined PowerPoint presentation. Janet Doering provided opposition comments including incorrect square footage in notice, timing of notice with holiday season, timing too short to engage a planner, size of building, environmental impact overview concerns, storm water management and biofiltration concerns. Randy Hoover provided Bass Lake Ratepayers Association background and opposition comments including environmental history, threats to Bass Lake environment, Bass Lake's water, and support from Severn Sound Environmental Association (SSEA). Page 3 of 10 Page 7 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. Richard Kushnir provided comments regarding traffic safety opposition comments, the traffic study, traffic brief and turning lanes, traffic safety, traffic backed up to traffic lights, turning left on Healey Beach Rd from Highway 12, danger of using shoulder lanes and economic development deficit and concern for future use. David Perryman provided opposition comments regarding incompatibility between current and proposed use, incompatibility between residential and commercial use, negative net effect of rezoning parcel of land, depreciation of property values and destruction of natural wooded ecosystem. Al Doering questioned the drinking water contamination and the responsible parties. Michael Attard questioned the environmental study status. Monique Kushnir questioned the tree cutting process. *446, Beverly Howatson questioned the assurance if the development of passed and if the size and use can change. Michael Preston provided comments of visitors attending location, character of location and economic tourism area. Additional correspondence was noted to be received from Michael Attard dated January 15, 2024. There being no further comments or questions, the meeting adjourned. Page 4 of 10 Page 8 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. 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; North Part Lot 7, Concession 1 (Oro), municipally known as 421 Penetanguishene Road, 2024-ZBA-16 (Heritage Estates Winery Inc.). 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 Heritage Estates Winery Inc. The following correspondence was received: Township of Oro-Medonte, Fire and Emergency Services dated December 9, 2024; Dennis & Kim Hickling dated December 10, 2024; Enbridge Gas dated December 12, 2024; Craig Flegel dated January 13, 2025; County of Simcoe, Planning Department dated January 13, 2025; Laurie Ann Lowe dated January 14, 2025; Peter McArthur dated January 14, 2025; Lindsay Bernier dated January 14, 2025; Nottawasaga Valley Conservation Authority dated January 15, 2025. Craig Mathieson, Skelton-Brumwell & Associates, agent on behalf of the applicant, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Walter Vaz, applicant, was present. Yosef Domnitz, Bryan Bolivar, and Mandy Chan, agents on behalf of the applicant, were present. The following provided verbal comments: Laurie Ann Lowe provided comments/concerns from the written submission which included her location, consideration and advances in the governance of the application. Phase 1 components, Phase 2 components, agri-tourism clause components and concerns of unknown future size, camping and development and the impact of her property. Questions included construction dates, involvement with residents, security fencing/berms, setback allowance, location and set up of tents, building of a road, hydro delivery, dates of operation, security, fire, garbage, health concerns, emergency measures plan, location of 50 person hotel and staff/training, glamping/agriculture conflict, guest duration, code of conduct/removal plan, noise, hydrants, alcohol/drug use, waste management, fireworks, land use/crop production ratio, police/fire/ paramedics/staff responsibility, recourse interference with her business, agricultural interests, hydrology report consideration, Burl's Creek planning template, opposition to application until additional consultation addressing community concerns are tabled and reasonable solutions have been collaborated. Gerry Young provided opposition comments, on behalf of Craig Flegal, core issue was noise and rezoning is a footnote but these items have switched, questioned size of application when building is in place, number of tents/pavillions, fires, alcohol and policing, size of application and when in place cannot return, not a complete application, Page 5 of 10 Page 9 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. integration of activities and phases, construction schedule, operating as a minor variance, issues, separate reports that were submitted are not netted together, traffic, grading, traffic monitoring, various speed limits, noise not managed consistently with minor variance application, reports of instances created by a resident, number of people and buildings, noise decibels/sound testing, dust and an opportunity to fix the issues. Craig Flegel provided opposition comments of vagueness of proposal, no answers to questions, time to address and correct the issues, pamphlet contents, accessing the studies through the website, number of noise complaints, no mention of the paving of the laneway, dust issues, proper allotment of treatment of dust, does not see an frustrating, treatment by parties, process of application, the concept of running a business, no security/measures in place and expansion of entire property. Staff confirmed that no additional correspondence from the public were received during this meeting. There being no further comments or questions, the meeting adjourned. c) 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 8 Part East Part Lot 17 Reference Plan 51 R15953 Part 1 , Township of Oro-Medonte (formerly Oro), municipally known as 560 Line 8 North, 2024-ZBA-17 (Lucas). 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 Anthony and Brenda Lucas. The following correspondence was received: Township of Oro-Medonte, Building Division dated December 12, 2024; Enbridge Gas dated December 12, 2024; Township of Oro-Medonte, Operations Division dated December 17, 2024; Lake Simcoe Region Conservation Authority dated January 13, 2025. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicant was not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this meeting. Page 6 of 10 Page 10 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. The public notice sign was not posted on the subject lands in accordance with the Planning Act; therefore, another public meeting will be held on a future date. There being no further comments or questions, the meeting adjourned. 6. Public Hearings: a) DS2025-001, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-64, 3626 Line 5 North (Gingras). 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 Virginia and Raymond Gingras. The following correspondence was received: Township of Oro-Medonte, Operations Division dated December 17, 2024; Nottawasaga Valley Conservation Authority dated December 18, 2024; Township of Oro-Medonte, Building Division dated January 13, 2025. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Raymond Gingras, applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC250115-3 Moved by Greenlaw, Seconded by Young It is recommended 1 . That DS2025-001, Catherine McCarroll, Senior Planner re: Minor Variance Application 2024-A-64, 3626 Line 5 North (Gingras) be received and adopted. 2. That Minor Variance Application 2024-A-64, specifically to legalize the use of the second accessory building for a home occupation, on lands municipally known as 3626 Line 5 North, Township of Oro-Medonte, be deferred at the applicant's request. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 10 Page 11 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. b) DS2025-006, Yubing Fan, Planner re: Minor Variance Application 2024-A-65, 20 Goss Road (Hui/Harvey). 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 Kyle and Kendra Harvey. The following correspondence was received: Nottawasaga Valley Conservation Authority dated December 19, 2024. Yubing Fan, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. The applicants were not present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC250115-4 Moved by Clark, Seconded by Schell It is recommended 1 . That DS2025-006, Yubing Fan, Planner re: Minor Variance Application 2024-A-65, 20 Goss Road (Hui/Harvey) be received and adopted. 2. That Minor Variance Application 2024-A-65, specifically for permission to construct a single detached dwelling with a reduced setback of 6.3 metres (20.6 feet) from the rear lot line, on lands municipally known as 20 Goss Road, Township of Oro- Medonte, be approved subject to the conditions as outlined in DS2025-006. 3. That the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 10 Page 12 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. 7. Reports of Municipal Officers: a) DS2025-003, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-01 (Lambert), 839 Ridge Road West. Motion No. DSC250115-5 Moved by Young, Seconded by Hutcheson It is recommended 1 . That DS2025-003, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-01 (Lambert), 839 Ridge Road West be received and adopted. 2. That Consent Application 2024-B-01 (Lambert), pertaining to lands located at 839 Ridge Road West, Township of Oro-Medonte, be deferred to provide the applicants the opportunity to address Simcoe County and Township Planning comments. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. b) DS2025-002, Catherine McCarroll, Senior Planner re: Removal of Part Lot Control, Blocks 3, 8, 12, 14, 16 & 18 on Plan 51 M-1238 (Lake Simcoe Regional Airport) [Refer to Item 5a) 01 15 2025 Council Agenda]. Motion No. DSC250115-6 Moved by Bard, Seconded by Greenlaw It is recommended 1 . That DS2025-002, Catherine McCarroll, Senior Planner re: Removal of Part Lot Control, Blocks 3, 8, 12, 14, 16 & 18 on Plan 51 M-1238 (Lake Simcoe Regional Airport) be received and adopted. 2. That a By-law be passed to exempt Blocks 3, 8, 12, 14, 16 & 18 on Plan 51 M-1238, within the Lake Simcoe Regional Airport, from Part Lot Control. 3. That the By-law be in effect for a period of 3 years from the date of passing. 4. That the applicant be advised of the Committee's decision under the Director, Development Services' signature. Carried. Page 9 of 10 Page 13 of 179 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, January 15, 2025. 8. Next Meeting Date: February 5, 2025. 9. Adjournment: a) Motion to Adjourn. Motion No. DSC250115-7 Moved by Hutcheson, Seconded by Schell It is recommended that we do now adjourn at 9:05 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Secretary-Treasurer, Andy Karaiskakis Page 10 of 10 Page 14 of 179 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for 0 Proposed Amendment to the Zoning By-law of laved I/niiMr.F,+dtlwt F.....,. the Township of Oro-Medonte 2024-ZBA-18 (Northern Diversified Ltd.) 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 281h day of October, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on February 5, 2025 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Concession 12, North Part Lot 19 (Oro), municipally known as 10 Line 12 North. 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: 1) Lands proposed to be severed:from the"Agricultural/Rural (A/RU)"Zone to the "Rural Residential Two (RUR2)"Zone to recognize the rural residential use of the severed parcel. 2) Lands proposed to be retained:from the "Agricultural/Rural (A/RU)"Zone to an "Agricultural/Rural Exception (A/RU*#)"Zone to prohibit future residential uses. This application is to fulfill a condition of Consent Application 2023-B-16 that was conditionally approved on April 3, 2024 by the Development Services Committee. 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 n i ng(aDoro-med onte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planninq(a)oro-medonte.ca. Page 15 of 179 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a 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 ningCo)oro-medonte.ca Dated at the Township of Oro-Medonte this 13"'day of January, 2025. Location Map I z N J i 77 f/1 N c ®Subject lands Page 16 of 179 5.a) 5:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch ._y EP AIRU AIRU AIRU EP Pc Severed lands �sy from'AIRU' A/R U to'RUR2' A/RU from'AIRU' to'A/RU-XX' � Retained lands r a� AIRU AIRU EP a EP A/RU`297 N\ AIRU A/RU- ® LANDS TO BE REZONED FROM THE'AGRICULTURAURURAL(AIRU)'ZONE TO THE'AGRICULTURAURURAL EXCEPTION XX(AIRU-XX)'ZONE \ LANDS TO BE REZONED FROM THE'AGRICULTURAURURAL(AIRU)'ZONE l2P� TO THE'RURAL RESIDENTIAL TWO(RUR2)'ZONE Q Page 17 of 179 5.a) 5.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 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Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for 0 Proposed Amendment to the Zoning By-law of laved I/niiMr.F,+dtlwt F.....,. the Township of Oro-Medonte 2024-ZBA-19 (2520309 Ontario 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 amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 291h day of October, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on February 5, 2025 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, North Part Lot 20 (Oro), municipally known as 159 Line 11 North. 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: 1) Lands proposed to be severed:from the"Agricultural/Rural (A/RU)"Zone to the "Rural Residential Two (RUR2)"Zone to recognize the rural residential use of the severed parcel. 2) Lands proposed to be retained:from the "Agricultural/Rural (A/RU)"Zone to an "Agricultural/Rural Exception (A/RU*#)"Zone to prohibit future residential uses. This application is to fulfill a condition of Consent Application 2023-B-17 that was conditionally approved on December 6, 2023 by the Development Services Committee. 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 n i ng(aDoro-med onte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planninq(a)oro-medonte.ca. Page 32 of 179 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a 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 ningCo)oro-medonte.ca Dated at the Township of Oro-Medonte this 13"'day of January, 2025. Location Map H zx r C_ J Z 41 C N I� u Aw 1 L ®5ubje t Lands Page 33 of 179 5.b) 5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch AIRII A/RU EP RUR2 AIR U i RUR2 Retained lands FP Severed lands from'A/RU' AIRU Ru to'A/RU-XX' AIRII'297 from'A/RU' to'RUR2' AIRU A/RU F RUR2 RUR2 EP AIRU'l5 AIRU`75 PR`267(H) w PR'2G7 / \ GC(H) N ® LANDS TO BE REZONED FROM THE'AGRICULTURAURURAL(AlRU)'ZONE TO THE'AGRICULTURAURURAL EXCEPTION XX(A7RU-XX)'ZONE LANDS TO BE REZONED FROM THE'AGRICULTURAURURAL(A/RU)'ZONE TO THE'RURAL RESIDENTIAL TWO(RUR2)'ZONE Q Page 34 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... U (D O a) O 06 U — � •L— C: M ca Q � � 4-0 O c� N 2) E O o 0 CM C: O N Na) E Q N Q O- M V— ca 1 0- ' Q c m m � N •� N � O • • N N m 0 as as a Page 35 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Applica ion; Notice of Pa... Za Zo z � -b J UJ no M • • 1 � f • Page 36 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 04 Y Y. —Y IIn Y u� i I Y ila 0 ' Y J Y44t T Page 37 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s w � w � 4 ^' Qj N �f x W a J b-0 O _ O W C O O O -0 O +� buO to -a O +, U .� O U OL '� bjO O a) ( O N E N nLn 4A Ln s 4-j f6 .0 r-I r-I Oj (� s N N N J Ln >. >- >. s E `� O r, — +O-+ � .x •— O ° ° o }' 4- 0 '- s 0- C. 0 s c� O }' O 0 (n O O cn O O Q O O > _ O N = c6Ojtw }' O O O u +, N _ L O Q) a_+ a_+ O � 4 L s L .� s U > > ateJ L O O cai Z cai Z o0 Page 38 of 179 5:45 p.m. Notice of Receipt of a Complete Applicatio � ; Notice of Pa... — 6 W ZJ ZW �W ao Z , U i ` � a a� 4 N 3 O � V W 4 V N Page 39 of 179 0 5;�5:45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... N - O N flo, N 's ZI 2 L 6 O .O U o � .� U Q U) `- �U `L� aui T O 06 O L O � � O) O m � t6 � 4-j U N •� O � � � Q Page 40 of 179 g 5.b) 5.45 Notice of Receipt of a Complete Application; Notice of Pa... F �$ Z o chi 1y Y+ Z? \\ J W J J V N V Z z LLIV LlJ N N N O E N CO N N d r N Iler N + O C +r +1 N U) v w -� u� er - o m E � m E 8 � `m t tia s+ �, I 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... O w a � �, r CU .y o ;} N of U ^ U W Q i OONJ N N S t!) ru +'' N O J O � Z cB L- N z O - � ~ a J ° � � ° ° a� N W Z N W 'Ln a o � M aJ of ru CZ OJ M Q '� O aJ W W i — °n — +� o NOJ � V Q O buO _ a--� ■ a_+ O O � a-- Q O O p O O O Ou N N 4 0� N N -- _4- a � 0x 0NN +c�6 L� m iD ° 0 4-J Ln O OM Uo O rI4 o ai F -- (3) F Czx .� UoO j ♦ ° O N DC(Da dJ OJ) ° O 0- o � N a) CL E � L a ° r r }, o 3 �-, +, a U a ° � � cn ,U U — Q i C uuuQCQ Page 42 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... � W L7 E za _ ❑ zJ zW w LE) W d J n L.-. to w 4 w w n x a S N N it M 7LLI 7 J N J +, 3 a zL cd at 0 ''- {7 Q f®1 M r w = LL LL F C9 E] W F Lou LU W U K 11 `. a m m < w Lo w of w D 3 a 1 • 1 • 1 • • • Page 43 of 179 5.b) 5,45 p.m. Notice of Receipt f a Complete Application; Notice of Pa... a � � w z 2z O 5 W Q J ' � V o� �a 0 b 1 O L5 LL a Z z N � 6 a a N a ~ z W ryry � W 2 7 � � n OJ O � N •U � cn +, .� o — � � C6ajr�o � — U o 0 O N v v }, v to O -0o 0 0 +� O O 0 0 0 a--+ cn cn +-+ LL Page 44 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 O � a O o 4-J 3 y O U C6 O 4—J (Ij M •U V) •— L- Q to f6 b uO •rZ OJ rZ a-J \ � Q ^� N N U E •Q n r •�' Cn r a� •� � OJ a� Lr) =3 o -0 L- U — O •L � N C N O o J o m }, a� .� U N > C= � •� � � N O U v Page 45 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: r L.J z � z w za � o z � . z W Q W • J Q. o C Page 46 of 179 5.b) 5,45 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 VJ Z B O Co 'U U — C) CD Co a� Q r, M � O -C) O o E LO o � o Q � Q E � � I m m � o aN L • • — 'V L O O •o c� o - o No ._� 4-0 N 2 L •— N 0 O U O E OC can Q Page 47 of 179 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 Notice of Public Meeting for 0 Proposed Amendment to the Zoning By-law laved Ilnii.1r,F,+dtlwt F....,. of the Township of Oro-Medonte 2024-ZBA-17 (Lucas) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 2nd day of December, 2024. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on February 5, 2025 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 8 Part East Part Lot 17 Reference Plan 51 R15953 Part 1, Township of Oro-Medonte (formerly Oro), municipally known as 560 Line 8 North. A key map illustrating the location of the subject lands is included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone the subject lands from the Rural Residential Two(RUR2)Zone to a Rural Residential Two Exception (RUR2*#)Zone to permit the change of use of an existing temporary garden suite into an oversized detached accessory building with an apartment dwelling unit. The site specific Zoning By-law would establish the following zone provisions: Section Zone Provision Permitted/Required Proposed 5.1.1 Uses Permitted in Not to be used for Proposed to contain Detached human habitation. an apartment Accessory dwelling unit. Buildings 5.1.3 (a) Permitted Not to be located in Located 15.39 Locations for the front yard. metres (50.5 feet) Detached from the front lot Accessory line. Buildings Section Maximum Floor 70.0 square metres 87.6 square metres 5.1.6 Area for the (753.5 square feet) (943.0 square feet) Detached Accessory Building Section 5.4 Apartment Dwelling Permitted in a single Proposed to be Units Accessory to detached dwelling. located in a a Single Detached detached accessory Dwelling building. Section 5.4 Maximum Floor 70.0 square metres 87.6 square metres (c) Area of the (753.5 square feet) (943.0 square feet) Apartment Dwelling Unit Page 48 of 179 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 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 ning(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 planning(o-)oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If a 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 planning(@oro-med onte.ca Dated at the Township of Oro-Medonte this 16t"day of January, 2025. Page 49 of 179 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Location Map 720 — • 6�5 625 510 Sss - w c 502 465 401 356 425 386 r 80 225 Page 50 of 179 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan: o Existing garden suite to be converted into an oversized detached accessory building 5 with an apartment dwelling unit. y � r oyK4 r Page 51 of 179 5.c) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Floor Plan: -21 f � , _ J rAlI - � I J. i i r Y , -1 - --- - - i i I Page 52 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s w 4 I a O Cu U ' �� •_ l' � v ga I J O E j m Q � � N � O L- M CM O z r.� 00 _0 C: O .0 a) N J Of C� o CO as UD ca o • • }' N O t� Page 53 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... aa) a) o y 0 a) m w 0 , ...7 CQj � COj w •� N C L(7 4 Cr O � e y r T : O O M C r D N +� a O CD' U C Q O ff24:` 12 Q ' E � 372 (ti0 M O ) L3 O O 1* OL OL M0 a a. E JE -0 E ao � N C a) a O w Q7 N ND C RT E `? C4 E `} Ix C 1] O; L"' � C -O � Ca)C : Q O p ~ Ln o C6 E cn( ) E LO uOZ o Ca Z a ^ 0 -0 C_ a V! 0 � 0 12 N L' U LO O O C O }� V Zn a) -0 LL O CD U© � -0 EOO C 0 O O U N 0 N J aa � � a cca EoU � � E0 E ¢ ocE0E v � � �Da � y� vX - vv M '= O N O U N O N U C O " N U C wN C NMo ¢ ma —jO < M2 < 0QD W02Q ¢ D a 0 C C C M _ O � O O N O L T M lTf') � (/� li7 � N 4-j — i O U Cu >i N —, >, U m N � C M p `~ � cn O t6 (� = L O N O O o — 0000 .� � L }, � o N C: M -- C: n � tac� — � 0 CD N O O O O N U O L O N O N C C: L. -0 Cn � � > = � •O O Page 54 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' o 3 'y E: O 4—j CL �uo�s5r�.aJ N 1 y'1 JOil CD 2n 1 2 Qy ' N ' O m O � N a a� Cn M CL Q Page 55 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W 3 k x f E: r o lit a CL Q Ca `- f _ tic n 3 NT i p FI -O r o� o v Q CL a Page 56 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s f W o x' U) 'nc li/0� Mkr Q � sE a���� 8 s=• Uy`y"m�si��E` 48Fi311;La�`SYy�aD '+ tler.8,�nM SYyxa11e jig 0 Z E 0 ti C= -r-- N ' Q Q � N � C6 Nlit O < Ji i � o LL Page 57 of 179 5.c) tion; Notice of Pa... E 4 a m x M y o zm _ C f ' 75 uN. U � d N U _ C �:CO Q Cn ai - - —- c =n s aun `�° I � r+ N L N� 0 C V^` E o O N w N .2s 2 C�w O n m m � N O '1 S Y N .X l � LL4 LA Page 58 of 179 p. p Complete Application; Notice of Pa... 5.c 6:00 m. Notice of Receipt of a IF 04 _-- s O Cu � � o J Q _ C Q o � U 0 N J - 0 ti C: T--- ' O > CV00 .� . N .,K �. O O O A ' Page 59 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... W �vh r O = Cu s r t Cl �I Cn x W •� AL 1, t 4 37 �3 11 1 �hs 1�; `` �'+� �, .• �y i N N i C N Y � v _ .N 'x W Page 60 of 179 5.c) 6.0.. Application; Notice of Pa... 04 1 i I0A - W U � .:. 0 Cn i _0I` ° L M sAY 000 .� i N 0 >> N ' 7mmm ,► a' 0 �i nn 'x w Y � YIII�Y�7 r v R Page 61 of 179 5.c) 6.00 p.m. Notice Application, Notice of Pa... `s A' �l W ■ a O � Cu Q Cu > � U c J I` N Q - E N � � O m N �• N o N. MI i age 62 of 179 5.c) 6.00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... `s 04 L ° ° L t6 QCuCu Cu T Q Cu C = CN J 3 c� _0 I` E a 4-+ Q N °1 ca i Np E (n can 0 O Cn N N U 'U O E _ . L ° '3 ° E cn O U E v D E O D U c6 c(n Q b � Page 63 of 179 6.a) 6.10 p.m. DS2025-015, 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: February 5, 2025 Report No.: DS2025-015 Subject: Minor Variance Application 2025-A-02 (Silma), 149 Eight Mile Point Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-015 be received and adopted. 2. That Minor Variance Application 2025-A-02, specifically for permission to construct a detached accessory building (garage) with a reduced setback of 2.5 metres (8.2 feet) from the front lot line and a reduced setback of 1.0 metres (3.3 feet) from the interior side lot line on lands municipally known as 149 Eight Mile Point Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2025-015. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 a) and d), 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 Applicants pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule. The applicable fee for Minor Variance (Minor— planner review only) is $536; d) That the detached accessory building shall not be used for human habitation or for a home industry; Development Services February 5, 2025 Report No. DS2025-015 Page 1 of 16 Page 64 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... e) 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 proposed detached accessory structure is located no closer than 2.5 metres (8.2 feet) from the front lot line and no closer than1.0 metres (3.3 feet) from the interior side lot line, and that the proposed driveway is located no closer than 3.0 metres (9.8 feet) from the interior side lot lines where it cross the front lot line; and; f) 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 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 2025-A-02, which is intended to provide relief from comprehensive Zoning By- Law to facilitate the construction of a proposed detached accessory structure (garage) that exceeds two (2) requirements of the Zoning By-Law. The subject property is located at 149 Eight Mile Point Road, abutting Lake Simcoe. The property has a lot area of 0.125 hectares (0.31 acres) and is currently vacant, as the applicant demolished an original dwelling and accessory structures last year. The _ w applicant also proposes constructing a single detached dwelling that complies with all zoning standards. The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The applicant is proposing to construct a detached accessory structure (garage). The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By-law Development Services February 5, 2025 Report No. DS2025-015 Page 2 of 16 Page 65 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... 97-95, as amended. The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: 1 Section 5.1.3 a — Setback from the Front Lot Line Required: Proposed. 7.5 metres 24.6 feet 2.5 metres 8.2 feet 2 Section 5.1.3 d — Setback from the Interior Side Lot Line Required: Proposed. 2.0 metres 6.5 feet 1.0 metres 3.3 feet The applicant's site plan and elevation drawings are included as Schedules 3, 4, and 5 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 have reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated 'Rural' in the County of Simcoe's Official Plan. The subject property is designated "Shoreline" in accordance with the Township's Official Plan (2022). Both designations permit detached residential dwellings and by extension accessory uses, such as detached accessory buildings including garages. Development Services February 5, 2025 Report No. DS2025-015 Page 3 of 16 Page 66 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) provided comments dated January 28, 2025, indicating that they have no objection to the approval of the Minor Variance application. The LSRCA has recommended that approval be subject to the following conditions: 1) That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule. The applicable fee for Minor Variance (Minor— planner review only) is $536. Therefore, based on the above, the requested variances conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "Shoreline Residential (SR)" in the Township's Zoning By- law 97-95. According to the Township's Zoning By-law, a detached accessory building is permitted pursuant to Section 5.1. The applicant has requested relief from the Zoning By-law to permit the construction of a detached accessory building in the (SR) Zone with a reduced front yard setback and reduced interior side yard setback. 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. The Zoning By-law's requirement for a minimum front yard setback of 7.5 metres serves to achieve relatively large landscaped front yards, which contribute to the low-density residential character of the area, as well as to ensure there is adequate space in which to provide off-street parking spaces on private property in front of dwellings and garages. The applicant is proposing a front yard setback of 2.5 metres (8.2 feet). The garage doors face towards the middle of the property; therefore, off-street parking will not be a concern. Further, in Planning Staff's opinion, the proposed 2.5 metres (8.2 feet) setback will provide adequate space for snow clearing. Additionally, the Operations Department indicated that they have no concerns with the application. The applicant has also requested a reduced interior side yard setback from 2.0 metres (6.5 feet) to 1.0 metres (3.3 feet). The primary purpose of the interior side yard setback is to provide access and maintenance around buildings and structures, as well as to provide spatial separation between neighboring buildings and structures. The applicant is proposing an interior side yard of 1.0 metres (3.3 feet), which, in the Planning Staff's opinion, is adequate space for maintenance and access around the garage as it maintains spatial separation between the subject lands and the neighbouring property. The owners will still have access to the backyard through another side of the garage and the dwelling, should they need to bring in any large machinery to the rear of the dwelling. Prior to the issuance of a building permit, the owner will be required to prepare an Engineered Lot Grading plan, subject to municipal approval. The plan will ensure Development Services February 5, 2025 Report No. DS2025-015 Page 4 of 16 Page 67 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... that water drainage resulting from the proposed detached accessory building will be mitigated on the subject lands and will not impact the neighbouring lots. Based on the above, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that the subject property is located in a subdivision, and the proposed garage (See Schedule 2: Aerial Map and Schedule 4: Applicant's Site Plan — Enlarged Garage Portion) will be situated in the front yard, similar to a non- complying detached garage on the adjacent property, 151 Eight Mile Point Road. The non-complying garage was built in 1950 (per Municipal Property Assessment Corporation's data), pre-dating the current Zoning By-law, and it only has a reduced front yard of 2.46 metres (8.08 feet). In Planning Staff's opinion, the proposed garage would not stand out, look out of place or detract from the character of the area; therefore, the proposed variances are considered desirable development of the lot. Are the variances minor? The question of the minor nature of variance generally relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached garage 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 residential neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 Development Services February 5, 2025 Report No. DS2025-015 Page 5 of 16 Page 68 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... • 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. 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: 1. Septic tanks under the proposed driveway will be required to meet additional restrictions during septic permit application stage. 2. Applicant/Owner to be aware that septic permit will be required prior to issuance of building permits. • Township Operations — No comments • Lake Simcoe Region Conservation Authority— See Schedule 6 Attachments Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Site Plan — Enlarged Garage Portion Schedule 5: Elevation Drawings Schedule 6: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated January 28, 2025 Conclusion Planning Staff recommend that Minor Variance Application 2025-A-02 be approved, specifically for permission to construct a detached accessory building (garage) with a reduced setback of 2.5 metres (8.2 feet) from the front lot line and a reduced setback of 1.0 metres (3.3 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 February 5, 2025 Report No. DS2025-015 Page 6 of 16 Page 69 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... Respectfully submitted, Yubing Fan, Planner, January 30, 2025 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 30, 2025 Brent Spagnol, RPP, Director, Development Services January 31, 2025 Development Services February 5, 2025 Report No. DS2025-015 Page 7 of 16 Page 70 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 1: Location Map 197 1gg 1 191 193 195 183 171 173 175t 165 161 159 157 155 Lake 153 Simcoe 151 �\ 95 97 99 145 �p 101 143 p� 103 141 139 137 111 117 133 119 ?_ �y 1 4 3 6 /G �l4 5 8 lei r — g/ 7 10 7 `-- 12 9 �-J 11 27 18 13 15 25 17 23 21 19 i J Location Subject Lands 7��uosLipof Prond Heritage,Exciting I;u 0 loom File Number:2025-A-02 Development Services February 5, 2025 Report No. DS2025-015 Page 8 of 16 Page 71 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 2: Aerial Map Mo-xaw Ile,w lu' - r A •/+rr •F� V. N.7 .r s �f o. r r r: %�001 � Aerial Q Subject Lands Toua"'rihQf//�ff> Proud IloitaVe,Ex,higt 1iw- 4�, � 0 100 rn File Number:2025-A-02 I 1 1 i I Development Services February 5, 2025 Report No. DS2025-015 Page 9 of 16 Page 72 of 179 6.a) 6-10 p.m. DS2025-015, Yubing Fan, Planner re- Minor Variance Applic Schedule 3: Applicant's Site Plan Tr ------- Proposed] ...... ..L Detached Garage L j, tE - ----------- Applicants' Site Plan woumsilip f e) 0 EAre� Proud Heritage,Exciting Future File Number:2025-A-02 Development Services February 5, 2025 Report No. DS2025-015 Page 10 of 16 Page 73 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 4: Applicant's Site Plan — Enlarged Garage Portion -------------- :. i Garage L4 i LT ,. .'Applicants' Site Plan Tou� , ship��~ - Enlarged Garage Portion 0 Proud Heritage,Exciting Future File Number:2025-A-02 Development Services February 5, 2025 Report No. DS2025-015 Page 11 of 16 Page 74 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 5: Elevation Drawings 11 I i : I I I III I I 'll j II I I II I II I � - i II i II I II I I II I II I I II I II I I II I II I I II I II I I II I I Jim I I I I II I f Elevation Drawings Proud Heritage,Exciting Future File Number:2025-A-02 Development Services February 5, 2025 Report No. DS2025-015 Page 12 of 16 Page 75 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 6: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated January 28, 2025 Lake Simcoe Region � conservation authority www.LSRCA.on.ca Sent via e-mail:planning@oro-medonte.ca January 28,2025 Municipal File No.: 2025-A-02 LSRCA File No.:VA-245856-012025 Andy Karaiskakis Secretary Treasurer, Development Services 148 Line 7 South Township of Oro-Medonte, LOL 2EO Dear Andy, Re: Application for Minor Variance 149 Eight Mile Point Road Township of Oro-Medonte Owner: Life is Good Trust(Linda Silma) Applicant:Madison Taylor Inc. (Greg Kirkpatrick) Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment.It is our understanding that the Applicant/Owner is proposing to demolish the existing structures on the subject property to allow for the construction of a new detached dwelling unit, a detached garage, and a detached boat house with a total new building floor area of approximately 263 square metres.The Applicant/Owner is seeking relief from the following section of the Township of Oro-Medonte Comprehensive Zoning By-law 97-95,as amended: • Relief from Section 5.1.3 (a) of the By-law which restricts the minimum front yard setback to 7.5 metres,whereas the proposal is requesting a reduction to 2.5 metres. • Relief from Section 5.1.3 (d) of the By-law which restricts the minimum front yard setback to 2 metres, whereas the proposal is requesting a reduction to 1 metres. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Application Package(dated January 20,2025) • Owner Consent(dated December 20,2024) • Sceptic Design Concept(n.d) • Site Plan Package prepared by Madison Taylor Design inc.(dated January 17,2025) Staff have reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement(PPS,2024)and as a regulatory authority under Ontario Regulation 41/24 of the Conservation Development Services February 5, 2025 Report No. DS2025-015 Page 13 of 16 Page 76 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... Lake Simcoe Region conservation authorih/ Page 2 of 4 Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding (MOU) with the Township of Oro-Medonte.The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based on our review of the submitted information in support of the application,the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis, we have no objection to the approval of this application for Minor Variance. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA fee Schedule.The applicable fee for Minor Variance(Minor—planner review only)is$536; Site Characteristics The subject land is approximately 1,251 square metres (0.13 hectares) in land area and is located south of Eight Mile Point Road on Lake Simcoe within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is within the'Shoreline Residential'(SR)as per Schedule 'A8'of the Township of Oro-Medonte's Comprehensive Zoning By-law Number 97-95,as amended. • The subject property is partially regulated by the LSRCA under Ontario Regulation 41/24 for erosion and flood hazards associated with Lake Simcoe. Please see a detailed regulatory map below, • The subject property is located within a completed watershed or sub-watershed study area—Oro Creeks North. Development Services February 5, 2025 Report No. DS2025-015 Page 14 of 16 Page 77 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region conservation al.thori;y Page 3 of 4 149 Eight M.M Point Road.Rrgulapon Napping raarnw c..rr.. n..� 0 WWWWW 13 13 M .d�nflr�o MMYa wa �'. urn■w.r m arrrk++Mnav�twaa l wr.aw�.aar.r.w l7 �ws.e.w�tws.00s �C.. V ur sw.r.n.r ntin wow c.wrw nwa D D v..u.rrrw+r - 4Mw�eN PN1� two Wta.K • �. _ ` � ire. w •. w N Please note: LSRCA staff hove not attended any site meetings of this locotion related to the subject applications, Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement(PPS).There are identified natural hazards on the subject lands(floodplain,erosion hazard area associated with Lake Simcoe). Based on the information submitted as part of this application,the proposal is generally consistent with 5.2 of the PPS. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 41/24.This regulation,made under Section 28 of the Conservation Authorities Act,enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines,watercourses,hazardous lands and wetlands.Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding,erosion,dynamic beaches,pollution or the conservation of land are not affected.LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. Development Services February 5, 2025 Report No. DS2025-015 Page 15 of 16 Page 78 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Regina conservation author Page 4 of 4 Ontario Regulation 41/24 applies to a portion of the subject property, It appears that a portion of the proposed development will be within the regulated area,therefore a permit from the LSRCA will be required prior to any development or site alteration taking place within the regulated area. LSRCA staff note that the Applicant/Owner has obtained a demolition permit from the LSRCA regarding the proposed demolition of the existing structures submitted as part of this application(LSRCA file no. RPRO100710) Advisory Comments 1. LSRCA has reviewed the application through our responsibilities as a service provider to the Township of Oro-Medonte in that we provide through a MOU as well as through our role as a public body,pursuant to the Planning Act. 2. LSRCA notes that the applicant has had previous correspondence with our regulations team related to required studies for a permit from LSRCA, LSRCA will require a planting plan to demonstrate conformity with Sections 6.20 DP — 6.29 DP. These plantings will be required to be native, non- invasive,non-cultivar self-sustaining,and must be focused around the shoreline. 3. LSRCA will require the planted area equal the total area of new development (this includes the dwelling, boathouse, shore deck,and landscape patio) within the MVPZ(1:1). The removal of any existing vegetation within the MVPZ must be compensated for at a 3:1 ratio. Summary Based on our review of the submitted information in support of this application,the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis,we have no objection to the approval of this application for Minor Variance. Given the above comments,it is the opinion of the LSRCA that: 1. Consistency with Section 5.2 of the PPS has been demonstrated; 2. Ontario Regulation 41/24 applies to the subject site.A permit from the LSRCA will be required for works proposed within the regulated area prior to any development taking place; 3. Matters pertaining to stormwater management and hydrogeology may be addressed through subsequent detailed design submissions if applicable. Please inform this office of any decision made by the Township of pro-Medonte with regard to this application.We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned(s.payne&Dlsrca.on.cal. Sincere y, Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services February 5, 2025 Report No. DS2025-015 Page 16 of 16 Page 79 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... `s w u , CL .O o � , O }' �a U_ CU O J .� E Q v o C- Cl� C/)I .� C .- w — U) O� a O ' ' ._ c0 ♦"' C •— M •— v C i J N O t� Page 80 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re- Minor VarianceApplic... W a N O a Cn o N Y Z O '- _CO �. a. co W U C� O O � O � s a L i e3 8 f t £ Page 81 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... w }� 12 C L M N � O L6 Q ~ LO CnCU CN a) O 0 m a N M 0) -C O CO O M J 0 }, N � U) (v � N ca O J L- 4-0 'p N -0 U) }' O a) U) O O ^ ca c o. E o, E U-) o © o L 0 a. 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Q � V U � O >+ 5 — N c 4- O >O U) O 0- = Q) = : O U M LL •� O o U CU M -0 U -a Page 90 of 179 6.a) 6.10 p.m. DS2025-015, Yubing Fan, Planner re: Minor VarianceApplic... `s L En _y, O O N 4-1 �.. y i Lq N E .� 1 � N O � C CO � 3 a � O E O� �. a)_ _ C C N O � (6 N N `~ 0 N N m � (� : 70 (� O M O C t6 C M CO N C -0 '—, Cn LO N � � oa� L -0 � � a� O o }' _ Cn 4- 0 O cn cn J O rn L 0 U U a) E C) O 0rn L L) � U m o W w O (n Q ca > U O �' O > o a U) -E o >, � o � C o ■� 70 N N (n O O �_ C N L C)- O � � OL Q -r N C U) > a o f a N c L � O O (6 0 0 0 = a) '2) ■ ■ L 4 -0 U) 0 p CU N 5 ■� L 'L L E U L C N - O O Q Cn >, O O O C � -0 O E � O Q CD O C rCD U < V) W Page 91 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: February 5, 2025 Report No.: DS2025-010 Subject: Zoning By-law Amendment Application 2024-ZBA-18 (Northern Diversified Ltd.), 10 Line 12 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2025-010 be received and adopted. 2. That Zoning By-law Amendment Application 2024-ZBA-18 (Northern Diversified Ltd.), specifically to rezone the severed lands from the "Agricultural/Rural (A/RU)" Zone to the "Rural Residential Two (RUR2)" Zone to recognize the rural residential use of the severed parcel, and to rezone the retained lands from the "Agricultural/Rural (A/RU)" Zone to the "Agricultural/Rural Exception 367 (A/RU*367) to prohibit residential uses, on the lands municipally known as 10 Line 12 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. And that the applicant be advised of Development Services Committee's decision under the Director, Development Services signature. Development Services February 5, 2025 Report No. DS2025-010 Page 1 of 10 Page 92 of 179 Ta) DS2025-010, 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 (A/RU) Zone to the Rural Residential Two (RUR2) Zone to recognize the rural residential use of the severed parcel, and to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 367 (A/RU*367) to prohibit residential uses. = This application is to fulfill a MOM �y condition of approval for Consent Application 2024- �l' B-16, which was conditionally approved by the Development Services t Committee on April 3, 2024. The Committee granted provisional consent to permit a surplus farm dwelling severance subject s �;Io be ;+ to a number of conditions, including: that the applicant apply for, and obtain, an m� amendment to the zoning of the retained lands prohibiting their use for " residential purposes and that the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. Property Description The subject lands have a lot area of approximately 38.8 hectares (95.8 acres) and contain a single detached dwelling and four accessory buildings: a barn used to shelter cattle in the winter, two buildings used for agricultural storage and a garage. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Development Services February 5, 2025 Report No. DS2025-010 Page 2 of 10 Page 93 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Analysis Provincial Planning Statement (PPS 2024) Staff has undertaken a comprehensive review and evaluation of the applicant's development proposal based on the policy framework contained within the Provincial Planning Statement 2024 ("PPS"), the County of Simcoe Official Plan 2013 ("SCOP") and the Township's Official Plan ("OP"). Staff note that the Township's in-force OP is consistent with the PPS, and conforms with the SCOP policies that were in-force at the time of its' approval. Planning Staff can advise that the applicant's development proposal is generally consistent with the PPS. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have received comments from the LSRCA and advise that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans and have no objection to the approval of the application. Township of Oro-Medonte Official Plan The subject property is designated `Agricultural' and `Greenlands' in accordance with the Township's Official Plan; the lands to be severed are located within the `Agricultural' designation. Rezoning the retained lands to prohibit residential use is consistent with the objectives of the Agricultural designation, since it restricts the retained parcel for agricultural use only. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to prohibit residential use on the retained lands conforms to guiding policies of the Township's Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Application 2023-B-16, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on April 3, 2024. Therefore, Staff recommends approval of Zoning By-law Amendment 2024-ZBA-18 and has prepared a Zoning By-law Amendment for consideration by Council. The By-law prepared by Staff would rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone to recognize the rural residential use of the severed parcel, and to rezone the retained lands from the Development Services February 5, 2025 Report No. DS2025-010 Page 3 of 10 Page 94 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 367 (A/RU*367) to prohibit 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 Operations: No comments. • Enbridge: No objection. • Lake Simcoe Region Conservation Authority: No concerns. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Rezoning Sketch Schedule 4: Draft Zoning By-law Development Services February 5, 2025 Report No. DS2025-010 Page 4 of 10 Page 95 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Related Reports & Presentations Staff Report DS2024-037 - Consent Application 2023-B-16, Northern Diversified Ltd., 10 Line 12 North Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2024-ZBA-18 (Northern Diversified Ltd.) 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, January 21, 2025 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services January 22, 2025 Development Services February 5, 2025 Report No. DS2025-010 Page 5 of 10 Page 96 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re- Zoning... Schedule 1: Location Map M1x vNk xO r 178 127 Z N ua..Rd. J 77 X 11 i of 193 l 2310 70 76 i 11 IN N 159 y' ,c J 196 85 00 65 2265 Location l Subject Lands TownsAi�of hwOIffV Proud Heritage,Exciting Future 0 loom File Number:2024-ZBA-18 Development Services February 5, 2025 Report No. DS2025-010 Page 6 of 10 Page 97 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re- Zoning... Schedule 2: Aerial Photo waa.w xa,w io � � J a yY y -- N d Aerial '1nunrc8ip f Q Subject Lands OfY�� U�2tc, Proud Heritage,Exciting Funny 0 100 M File Number:2024-ZBA-18 Development Services February 5, 2025 Report No. DS2025-010 Page 7 of 10 Page 98 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 3: Applicant's Rezoning Sketch A EP z A/RU A/RU A/RU / EP s y from'A1RU' A/RU to'RUR2' from'AIRU' AIRU to'A1RU-XX' � P AIRU ^ A/RU EP a EP AIRU"297 /N\ A/RU A/RU 1�,iirrsldpOf . Rezoning Sketch Cy� � / co�ite I'med Heritage,Fscititkg Fnturr File Number:2024-ZBA-18 Development Services February 5, 2025 Report No. DS2025-010 Page 8 of 10 Page 99 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 4: Draft Zoning By-law The Corporation of the Township Of Oro-Medonte By-Law No. 2025-011 A By-law to amend the zoning provisions which apply to lands at 10 Line 12 North, Concession 12, North Part Lot 19 (Oro), Township of Oro-Medonte 2024-ZBA-18 (Northern Diversified Ltd.) 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 'Al 1' 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, North Part Lot 19, Geographic Township of Oro, Township of Oro-Medonte, County of Simcoe, from the Agricultural/Rural (A`RU) Zone to the Agricultural/Rural Exception 367 (AIRU*367) Zone and Rural Residential Two (RUR2)Zone, as shown on Schedule "A' attached and forming part of this By-law. 2. Section 7 — Exception of Zoning By-lawn 97-95, as amended, is hereby further amended by adding the following subsections: "7.367 '367 Concession 12. North Part Lot 19 (Oro), Township of Oro- Medonte (Northern Diversified Ltd.) Notwithstanding "Table A4—Agricultural/Rural Zone and r0ineral Aggregate Resource Zones Permitted Uses, a single detached dwelling is not permitted on the lands denoted by the symbol "367 on the schedule to this By-law.- 3. Schedule "A` attached to By-law No. 2025-011 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 5th Day of February, 2025. The Corporation of the Township Of Oro-Medonte Development Services February 5, 2025 Report No. DS2025-010 Page 9 of 10 Page 100 of 179 Ta) DS2025-010, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 'A' To By-Law No. 2025-011 The Corporation of the Township of Oro-111edonte N z N d J 11 N C J Lands Rezoned From the Agricultural/Rural (AIRU) Zone to the Agricultural/Rural Exception 367 (AIRU`367) Zone ® Lands Rezoned From the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone This is Schedule 'A' to By-Law 2025-011 passed the 5t�'day of February, 2025. Development Services February 5, 2025 Report No. DS2025-010 Page 10 of 10 Page 101 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Township o� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: February 5, 2025 Report No.: DS2025-011 Subject: Zoning By-law Amendment Application 2024-ZBA-19 (2520309 Ontario Inc.), 159 Line 11 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2025-011 be received and adopted. 2. That Zoning By-law Amendment Application 2024-ZBA-19 (2520309 Ontario Inc.), specifically to rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone to recognize the rural residential use of the severed parcel, and to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 368 (A/RU*368) to prohibit residential uses, on the lands municipally known as 159 Line 11 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the By-law for Council's consideration. 4. And that the applicant be advised of Development Services Committee's decision under the Director, Development Services signature. Development Services February 5, 2025 Report No. DS2025-011 Page 1 of 10 Page 102 of 179 7.b) DS2025-011 , 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 (A/RU) Zone to the Rural Residential Two (RUR2) Zone to recognize the rural residential use of the severed parcel, and to rezone the retained lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 368 (A/RU*368) to prohibit residential uses. This application is to fulfill a condition of approval for ^� Consent Application 2024- B-17, which was conditionally approved by the Development Services Committee on December 6, 2023. The Committee R•,, granted provisional consent to permit a surplus farm dwelling severance subject to a number of conditions, including; that the applicant • apply for; and obtain, an amendment to the zoning of r the retained lands prohibiting their use for residential purposes and that the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. Property Description The subject lands have a lot area of approximately 21.7 hectares (53.6 acres) and contain a single detached dwelling and a barn used to store hay. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Development Services February 5, 2025 Report No. DS2025-011 Page 2 of 10 Page 103 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Analysis Provincial Planning Statement (PPS 2024) Staff has undertaken a comprehensive review and evaluation of the applicant's development proposal based on the policy framework contained within the Provincial Planning Statement 2024 ("PPS"), the County of Simcoe Official Plan 2013 ("SCOP") and the Township's Official Plan ("OP"). Staff notes that the Township's in-force OP is consistent with the PPS, and conforms with the SCOP that were in-force at the time of its' approval and that the applicant's development proposal is generally consistent with the PPS. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have received comments from the LSRCA, which advise that the proposal is consistent and in conformity with the natural hazard policies of the applicable plans and have no objection to the approval of the application. Township of Oro-Medonte Official Plan The subject property is designated `Agricultural' and `Greenlands' in accordance with the Township's Official Plan; the lands to be severed are located within the `Agricultural' designation. Rezoning the retained lands to prohibit residential use is consistent with the objectives of the `Agricultural' designation, since it restricts the retained parcel for agricultural use only. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to prohibit residential use on the retained lands conforms to guiding policies of the Township's Official Plan. Proposed Zoning By-law Amendment The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Application 2023-B-17, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on December 6, 2023. Therefore, Staff recommends approval of Zoning By-law Amendment 2024-ZBA-19 and has prepared a Zoning By-law Amendment for consideration by Council. The By-law prepared by Staff would rezone the severed lands from the Agricultural/Rural (A/RU) Zone to the Rural Residential Two (RUR2) Zone to recognize the rural residential use of the severed parcel, and to rezone the retained lands from the Development Services February 5, 2025 Report No. DS2025-011 Page 3 of 10 Page 104 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 368 (A/RU*368) to prohibit 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 Operations: No comments. • Enbridge: No objection. • Lake Simcoe Region Conservation Authority: No concerns. • Ministry of Transportation: No concerns. Attachments Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Rezoning Sketch Schedule 4: Draft Zoning By-law Development Services February 5, 2025 Report No. DS2025-011 Page 4 of 10 Page 105 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Related Reports & Presentations Staff Report DS2023-102 - Consent Application 2023-B-17, 2520309 Ontario Inc., 159 Line 11 North Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2024-ZBA-19 (2520309 Ontario Inc.) 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, January 21, 2025 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services January 22, 2025 Development Services February 5, 2025 Report No. DS2025-011 Page 5 of 10 Page 106 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 1: Location Map 51; t. M1x vNk xO 193 10 ua.Rd.w. 1177 154 �159 84 65 11 196 566 42 56 4056 — — I to � 1966 96 1906 LO ��aA�1893 Location l Subject Lands Tnwtls1. ,f hwOIffV Proud Heritage,Exciting Future 0 loom File Number:2024-ZBA-19 Development Services February 5, 2025 Report No. DS2025-011 Page 6 of 10 Page 107 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 2: Aerial Photo IJ _ z 4 1. y� 1'. J � Y Aerial '1nunrc8ip f Q Subject Lands OfY�� U�2tc, Proud Heritage,Exciting Funny 0 100 M File Number:2024-ZBA-19 Development Services February 5, 2025 Report No. DS2025-011 Page 7 of 10 Page 108 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 3: Applicant's Rezoning Sketch AIRU AIRU EP RUR2 rro a AIRU y oP RUR2 EPa from'A1RU' AIRU RUR2 to'AIRU-XX' AIRU'297 from'AIRU' to'RUR2' C AIRU AIRU RUR2 RUR2 EP AJRU'15 AIRU'15 PR'267(H) a 1 PR'267 Nyr GC(H) N Toumslrip o Rezoning Sketch ' Proud Hcritagc,Exciting Futurr File Number:2024-ZBA-19 Development Services February 5, 2025 Report No. DS2025-011 Page 8 of 10 Page 109 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 4: Draft Zoning By-law The Corporation of the Township Of Oro-Medonte By-Law No. 2025-012 A By-law to amend the zoning provisions which apply to lands at 159 Line 11 North, Concession 12, North Part Lot 20 (Oro), Township of Oro-Medonte 2024-ZBA-19(2520309 Ontario Inc.) 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 re-zone the subject lands, Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'Al 1 to Zoning By-lave 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 12, North Part Lot 20. Geographic Township of Oro. Township of Oro-luledonte, County of Simcoe, from the AgriculturaURural (A)RU)Zone to the AgriculturallRural Exception 368(AlRU�368)Zone and Rural Residential Two (RUR2)Zone, as shown on Schedule `A"attached and forming part of this By-law 2. Section 7- Exception of Zoning By-law 97-95, as amended is hereby further amended by adding the following subsections: '7.368"368 Concession 12, North Part Lot 20 (Oro).Township of Oro- Medonte (2520309 Ontario Inc.) Notwithstanding'Table A4-AgriculturalfRural Zone and Mineral Aggregate Resource Zones Permitted Uses'. a single detached dwelling is not permitted on the lands denoted by the symbol '368 on the schedule to this By-law_' 3. Schedule `A'attached to By-law No 2025-012 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 5'"* Day of February, 2025. Development Services February 5, 2025 Report No. DS2025-011 Page 9 of 10 Page 110 of 179 7.b) DS2025-011 , Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 'A' To By-Latin No. 2025-012 The Corporation of the Township of Oro-Medonte I I r-1 ® Lands Rezoned From the AgriculturallRural (AlRU) Zone to the AgriculturallRural Exception 368 (AlRU'368) Zone EllLands Rezoned From the AgriculturallRural (AJRU) Zone to the Rural Residential Two (RUR2) Zone This is Schedule 'A'to By-Law 2025-012 passed the 51-' day of Februari,2025. Development Services February 5, 2025 Report No. DS2025-011 Page 10 of 10 Page 111 of 179 7.c) DS2025-013, 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: February 5, 2025 Report No.: DS2025-013 Subject: Minor Variance Application 2024-A-56 (Creighton & Moulton), 360 Ingram Road Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-013 be received and adopted. 2. That Minor Variance Application 2024-A-56 (Creighton & Moulton) specifically for permission to build a detached accessory building with an increased height of 8.4 metres (27.6 feet), increased floor area of 258.6 square metres (2,784.0 square feet) and containing an apartment dwelling unit with an increased floor area for the garage and living space of 258.6 square metres (2,784.0 square feet), on lands municipally known as 360 Ingram Road, Township of Oro-Medonte, be denied on the basis that the revised apartment dwelling unit location is not within close proximity to the existing single detached dwelling in accordance with the policies contained in the Township's Official Plan. 3. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services February 5, 2025 Report No. DS2025-013 Page 1 of 16 Page 112 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re- Minor Variance ... Background : , ''• % ;;: The purpose of this report is to facilitate the construction of an � accessory building through the minor variance process to allow the construction of an oversized detached garage with a second storey residential unit. The subject property is located in the northern portion of the municipality and has a lot area of 17.8 hectares (44.07 acres) and contains a single detached dwelling and several detached accessory buildings/structures. �•. The location map is included as - n9`amRa- Schedule 1 to this report. ,► z dl Related Minor Variance J Application 2024-A-01 The applicants obtained approval of Minor Variance Application 2024-A-01 on May 1, 2024, to permit an oversized detached accessory building with an accessory apartment dwelling unit. In this approved variance, the accessory building was proposed to be located within the building cluster, approximately 55.0 metres (180.4 feet) from the existing single detached dwelling. Minor Variance Application 2024-A-56 The applicants are proposing to relocate the previously approved detached accessory building (same floor area and same height) to a different location on the lot, further from the existing building cluster, approximately 105 metres (344.5 feet) from the dwelling. Minor Variance Application 2024-A-56 went to Development Services Committee on December 4, 2024 where the application was deferred to provide the applicants with the opportunity to revise the location of the proposed accessory building to be located within the dwelling cluster and revise the Environmental Impact Study to reflect the new location. The applicants have decided not to relocate the apartment dwelling unit closer to the existing building cluster as per the Committee's previous approval. The applicant's environmental consultant Sumac Environmental Consulting provided comments dated December 20th, 2024 stating the following that they, "have reviewed the information provided and can confirm that the revised site plan would not incur any significant changes to the impact assessment and Development Services February 5, 2025 Report No. DS2025-013 Page 2 of 16 Page 113 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... recommendations as described in the associated EIS. While we generally recommend concentrating development towards existing development, we understand that an existing laneway to the proposed dwelling on the revised site plan already exists thereby limiting impacts to the identified woodland feature and other natural heritage associated with the FOMM5-2 community. Moreover, the proposed dwelling and amenity space shown on the revised site plan appears to be of similar location, size and shape to the originally proposed dwelling and amenity space". The applicants are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1.1 — Uses Permitted in Detached Accessory Buildings Required: Proposed: Not to be used for human habitation. Proposed to contain an apartment dwelling unit. Section 5.1.4 — Maximum Height Required: Proposed: 4.5 metres (14.7 feet) 8.4 metres (27.6 feet) Section 5.1.6 — Maximum Floor Area Required: Proposed: 70.0 square metres (753.5 square feet) 1 st floor garage: 129.3 square metres (1,392.0 square feet) 2nd floor: 129.3 square metres (1,392.0 square feet) 2nd floor deck: 88.6 square metres (954 square feet) Total floor area: 258.6 square metres 2,784.0 square feet Section 5.4 — Apartment Dwelling Units Ac essory to a Single Detached Dwelling Required: Proposed: Permitted in a single detached dwelling. Proposed to be located in a detached accessory building. Section 5.4 c - Maximum Floor Area of the Apartment Dwelling Unit Required: Proposed: 70.0 square metres (753.5 square feet) 1258.6 square metres (2,784.0 square feet) The applicant's site plan, elevation drawings and floor plans are included as Schedules 3, 4 and 5 to this report. Development Services February 5, 2025 Report No. DS2025-013 Page 3 of 16 Page 114 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Analysis Planning Act, R.S.O. 1990, c. P.13 Additional Residential Units On November 28, 2022, Bill 23 received Royal Assent. The More Homes Built Faster Act, 2022, seeks to make it easier and faster to build new homes in Ontario. This is part of the Province's commitment to build 1.5 million homes over the next 10 years. Section 16 (3) of the Planning Act, which speaks to Official Plans. The Planning Act provides specific direction related to additional residential units to ensure that such units are serviced appropriately and scaled appropriately to ensure that the properties can accommodate the uses. The subject lands are located in a rural area and are serviced by a private well and private sewage system. The applicants will be required to obtain a Septic Permit for a new septic system or a Sewage System Verification to confirm that the existing septic system is able to accommodate the additional dwelling unit. The property has one driveway that would provide access to the existing single detached dwelling and proposed accessory building. There is plenty of space for parking along the existing driveway and proposed driveway extension. Based on the above, the proposal is in-line with Province's objective to provide for an additional dwelling unit. 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: Development Services February 5, 2025 Report No. DS2025-013 Page 4 of 16 Page 115 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Greenlands', with a very small section designated `Rural', in the Simcoe County Official Plan (Schedule 5 to this report) and fully designated `Greenlands' in "Schedule A— Land Use" of the Township's Official Plan (2022). The `Greenlands' designation requires additional information in the form of Environmental Impact Study to ensure that there are no negative impacts to Natural Heritage Features on the property. The subject lands contain a significant woodland and unevaluated wetland in accordance with "Schedule C — Natural Heritage, Water Resources and Hazards" of the Township's Official Plan. As noted in this report, Sumac Environmental Consulting provided additional comments dated December 20th, 2024, stating that the revised building location would not incur any significant changes to the impact assessment and recommendations listed in the Environmental Impact Study. Sumac Environmental Consulting generally recommended concentrating new development towards existing development; however, the existing laneway to the proposed building would limit the impact on the natural heritage features. Schedule 7 illustrates that according to the 2024 aerial imagery, the previously approved building location was within an existing clearing; however, the revised location would require additional tree clearing within the significant woodland. Section 4.9 of the Township Official Plan contains detailed policies with respect to additional residential units. Planning Staff have reviewed these policies against the applicant's proposal and are of the opinion that the proposed location does not conform to Section 4.9.9, which states: "Additional Residential Units shall be within the existing housing cluster on any lands designated Agricultural or Rural." The Official Plan defines existing as a situation that is legally existing, being a reality or an actuality as of the date of the adoption of the Official Plan. A strict application of the policy would only allow an additional dwelling unit within the existing cluster which is the cleared area containing the residential dwelling unit and accessory buildings. A strict application of the policy would not allow further clearing of trees and site disruption outside of the existing residential cluster as that would represent an enlargement of the cluster which is contrary to Section 4.9.9. The term "cluster" is not defined in the Official Plan; however, Planning Staff have conducted research through the Zoning By-law review and have identified some best practices from other municipalities within Simcoe County, which can be summarized in the chart below. Development Services February 5, 2025 Report No. DS2025-013 Page 5 of 16 Page 116 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Simcoe County Municipalities Additional Residential Units Location Clearview Shall be located no further than 50.0 metres (164.0 feet) from the primary dwelling Innisfil Shall not be located within the front yard of the lot and shall not be located more than 60.0 metres (196.9 feet) from the principal dwelling on the lot. Tiny Shall not be located no further than 30.0 metres (98.4 feet) from the principal dwelling unless located in the Agricultural (A), Rural (RU) or Greenlands (GL) Zones. Note: List includes the only municipalities in the County of Simcoe that set a maximum distance that Additional Dwelling Units can be located from the principal dwelling. In the original submission for Minor Variance 2024-A-01, the applicants were proposing to build the accessory building approximately 130.0 metres (426.5 feet) from the dwelling and use a separate entrance. Planning Staff expressed concerns that the building was not located within the dwelling cluster; the applicants revised their proposal so that the accessory building was located approximately 55.0 metres (180.4 feet) from the dwelling, and use of an extension of the existing driveway. This revised location was approved by the Committee, whereby the distance from the dwelling was in the range of distances identified in the chart above. The applicants are now proposing to relocate the accessory building approximately 105 metres (344.5 feet) from the dwelling. In Planning Staff's opinion, although Township planning documents currently do not define `cluster', the intention of Section 4.9.9 of the Official Plan is to have the additional dwelling units located within close proximity to the dwelling and this interpretation can be supported by policies from other local municipalities within Simcoe County. Based on the above, Planning Staff are of the opinion that the revised building location does not conform to the Township's Official Plan policies with respect to locating additional residential units to be contained in a detached accessory building in close proximity to the residential cluster as the principal dwelling on the property. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "Agricultural/Rural (A/RU)" in the Township's Zoning By- law 97-95. Accessory structures are permitted within the (A/RU) Zone subject to maximum height and floor area provisions. The purpose of these provisions are to ensure that detached accessory buildings remain secondary/subordinate, in both their appearance and use, to the main residential use of the lot. In addition, the Zoning By- Development Services February 5, 2025 Report No. DS2025-013 Page 6 of 16 Page 117 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Law permits an apartment dwelling unit within a single detached dwelling in the Agricultural/Rural Zone pursuant to Section 5.4. The applicants have requested minor variances to permit the apartment dwelling unit in an oversized accessory building. See the Staff Reports dated February 7, 2024 and May 1, 2024 (links are available at the end of the report), for the full analysis of the variances requested. Similar to the Township's Official Plan, the Township's Zoning By-law currently does not define "cluster"; however, Planning Staff are currently drafting additional residential unit policies that will include a maximum setback from the primary dwelling to ensure that additional residential units are located within the existing dwelling cluster. Minimum Distance Separation (MDS) The applicants have provided the requested information for the MDS Calculations (livestock numbers and sizes as well as the type of manure storage). Based on this information, Planning Staff have generated MDS calculations, which confirm that the accessory building and additional residential unit conform to the required MDS setbacks from the neighbouring livestock facility located across the road, at 387 Ingram Road. Are the variances desirable for the appropriate development of the lot? Planning Staff have expressed concerns to the applicants with regard to the location of the additional residential unit relative to the existing dwelling cluster. Planning Staff have taken a consistent approach with all similar applications and have required all applicants to relocate the additional residential unit to be within close proximity to the dwelling cluster in order to minimize the environmental impacts of the development and to prevent the future severance of the additional residential unit. Schedule 7 illustrates the location of the building that was approved as part of Minor Variance application 2024-A-01 and the proposed revised location of the building as part of Minor Variance application 2024-A-56. This schedule demonstrates that the previously approved location is within an existing clearing on the subject lands and the revised location would require additional tree clearing for a driveway, building envelope, septic area and residential amenity space within the significant woodland. Based on the above, Planning Staff are of the opinion that the proposed location of the building is not desirable for the appropriate development of the lot. Are the variances minor? As the proposed variances are not considered to conform to the general intent and purpose of the Official Plan and are not considered to be appropriate for the desirable development of the lot, the variances are not considered to be minor. Development Services February 5, 2025 Report No. DS2025-013 Page 7 of 16 Page 118 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... 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 various review agencies and Township departments, posted on the Township's website and on the Township's social media accounts. 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. Owner/applicant to be aware that a Building Permit and a Septic Permit will be required prior to the commencement of construction. o Building Division's comments from the previous Minor Variance Application which would remain applicable should this application be approved: Please make a condition that all buildings constructed without a permit obtain a building permit. No other conditions would be required. Owner/applicant to be aware that a building permit and septic permit would be required for the proposed construction. • Township Operations — No comments. • Nottawasaga Valley Conservation Authority (NVCA) - The noted property is partially regulated under the Conservation Authorities Act for wetlands and the wetland buffer. However, NVCA staff have reviewed the application to permit an oversized detached accessory building with an accessory apartment dwelling unit and have determined that the proposed development is outside of the regulated extent as per the drawings. Based upon our mandate and policies, we have no objection to the approval of this application. Development Services February 5, 2025 Report No. DS2025-013 Page 8 of 16 Page 119 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Relevant Information/Reports • Development Services Staff Report dated February 7, 2024 Link to Report • Development Services Staff Report dated May 1, 2024 Link to Report • Development Services Staff Report dated December 4, 2024 Link to Report Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan/Detailed Site Plan Schedule 3: Elevation Drawings Schedule 4: Floor Plans Schedule 5: County Official Plan — Land Use Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Hazards Schedule 7: Aerial Imagery Illustrating the Approved Building Location and the Proposed Revised Building Location Conclusion Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2024-A-56 be denied on the basis that the revised apartment dwelling unit location would not be located within close proximity to the existing single detached dwelling. Respectfully submitted, Catherine McCarroll, RPP, Senior Planner, January 30, 2025 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services January 30, 2025 Brent Spagnol, RPP, Director, Development Services January 31, 2025 Development Services February 5, 2025 Report No. DS2025-013 Page 9 of 16 Page 120 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 1: Location Map Louis-Rd.- 164 --� — NlOutlt SC. � 224 151 .neYme Wlkv xE.F. oae,.w 169 99 L 4560 a.4.w. -1 4445 410 I f � 26 4538 360 4443 1 — 502 10 —---— -- j 395 f 387 455 Z ' 525 j. 455 4378 �—� 4363 4328 4250 4295 4212 Location 0 Subject Lands TnwasDipnf Paned Heritage,Exciting Fulm, 0 loom File Number.2024-A-56 Development Services February 5, 2025 Report No. DS2025-013 Page 10 of 16 Page 121 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 2: Applicant's Site Plan/Detailed Site Plan i \ .J \ i A Existing detached ,• accessory buildings. 45 v , Existing single detached dwelling. r � \ i Proposed detached accessory building with an apartment dwelling unit. ToumuI- �f Site Plan Proud Heritage,Exciting Futurr File Number:2024-A-56 Development Services February 5, 2025 Report No. DS2025-013 Page 11 of 16 Page 122 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 3: Elevation Drawings Front Elevation: I +�=nZ= Left Elevation: u 1=1 MAIIALUJIiW1L1llIJ Rear Elevation; -� II IIIII�1111111 ILII __ =� , Right Elevation: Elevations Toumuhi ~�� Proud Heritage,Exciting Futurr He Number:2024-A-56 Development Services February 5, 2025 Report No. DS2025-013 Page 12 of 16 Page 123 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 4: Floor Plans Main Floor: lid Second Floor. - 1 _ , C rI I. 4 _ E I�• I, ,7 i t7, t Floor Plans 0�Toumshi ~�V Proud HcritaRc,Exciting Futurr File Number:2024-A-56 Development Services February 5, 2025 Report No. DS2025-013 Page 13 of 16 Page 124 of 179 7.c) DS2025-013, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 5: County Official Plan — Land Use ..no.v u Ingram Rd. z r- m c J County of Simcoe — Land Use ^ ^O =3 Subject Lands County Official Plan Land Use-Lands Under Appeal Points -'�0 _ '. Under Appeal /�/��TnvnsI- f Greenlands �` e - Rural Proud Heritage,Exciting Future 0 100 m File Number:2024-A-56 Development Services February 5, 2025 Report No. DS2025-013 Page 14 of 16 Page 125 of 179 uG .drr'' >il. - .•.",/ ?tG'.�,�iG°; r,-."'';:..: . `mod;.. .�'� •...,..:,:'i..�: AV Av �ti ..:.. :. ..: AV '''• s%G„••' ,'l.•�ri,� .;fir;;;.'::.,� ��.` :i.. �. Ingram Rd. TownshipOfficial r Natural Heritage, Water Resourcesr • Natural Hazards Wetlands Mezi Permanent Streams )J1,11411-P qf Woodlands Treed Proud Heritage,Exciting Flow, Plantation 0 300 7.c) DS2025-013, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 7: Aerial Imagery Illustrating the Approved Building Location and the Proposed Revised Building Location l C + r ! \% 44 ?{, � - . ` k , r r ( \14 ;t ri' _ Buildings Location and Setbacks Setbacks Deck ~� '1nuntsiti�t of 0 Approved Building Tree Clearing � �� 0 Proposed Building Proud Heritage,Exciting haw, 0 100m File Number:2024-A-58 N I I I I Development Services February 5, 2025 Report No. DS2025-013 Page 16 of 16 Page 127 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Remova... of 0; V`� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: February 5, 2025 Report No.: DS2025-016 Subject: Removal of Holding Provision on Forest Heights Estates Plan of Subdivision (Plan 51 M-1246), Application Nos. 2025-ZBA-01 to 2025-ZBA-08 Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-016 be received and adopted. 2. That By-law No. 2025-017 to remove the "Holding" Provision applying to a portion of the lands in the Forest Heights Estates subdivision (Registered Plan 51 M-1246) be considered by Council. 3. That By-law No. 2025-017 to add the "Holding" Provision applying to a portion of the lands in the Forest Heights Estates subdivision (Registered Plan 51 M-1246) be considered by Council. 4. That the applicant be advised of the decision under the Director, Development Services signature. Background Forest Heights Estates is a residential plan of subdivision that was registered as Plan 51 M-1246 on March 15, 2023. The development consists of eighty (80) single detached residential lots that are to be accessed by public roads and serviced by a municipal communal water system and individual private septic systems. The development is located south of Horseshoe Valley Road on the easterly side of the Sugarbush Rural Settlement Area. Development Services February 5, 2025 Report No. DS2025-016 Page 1 of 9 Page 128 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Remova... A copy of Registered Plan 51 M-1246 is included as Schedule 1 to this report. Building permits have been issued for the construction of dwellings in Phase 1 of m 13 the development in accordance with the ,193 Subdivision Agreement. 31>= = 3m The subdivision is to be developed in the b >� following Phases: D 39 9 M8 8 pj331 Phase 1 Lots 1 to 17 and Lots 68 to `;) a , b 9 2t 19 80 _ ]] 3) s 13 3 A )Z Blocks 89 & 91 (Open 343 3 3 Space) °' Block 90 (North Stormwater Management Pond) 11 t' b u 11 iqn Blocks 93 & 94 (Reserves) 33 ' 1 , Block 95 (Road Widening) s 17 IroQuo3 t9 � _ = 11 3 36 E1 n u 3330 ) 9 y JO ,b p b Phase 2 Lots 18 to 67 Blocks 81, 82, 85, 86 (Open Space) Block 83 (South Stormwater Management Pond) Blocks 84 & 88 (Walkway) Block 87 (Drainage) Block 92 (Reserve) Phase 1 is currently zoned Residential One Exception 71 (R1*71), Environmental Protection (EP), Open Space (OS) and Private Recreation Exception 115 (PR*115). Phase 2 is currently zoned Residential One Exception 71 Holding (R1*71(H)) Zone, Environmental Protection (EP) and Open Space (OS), under Zoning By-law 95-95, as amended. The registered Subdivision Agreement contains the following clauses, which control the release of lots in relation to the timing of the completion of the relocation of the Line 6 North / Horseshoe Valley Road intersection: 7.2.5 The Developer further agrees that building permits may be issued for the first fifty percent (50%) of the residential building lots, subject to: a) Entering into the 6t" Line intersection and County Road#22 Road Improvement Agreement; 7.2.6 Building permits for the remaining fifty percent (505/o) of the lots will not be issued until a Holding Provision applying to these lots is lifted in accordance with the Planning Act. Holding Provision applying to the lots specified shall only be lifted at such time as: Development Services February 5, 2025 Report No. DS2025-016 Page 2 of 9 Page 129 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Remova... a) The Township confirms that identified improvements to County Road#22 have been completed, or are in the process of being completed, to the satisfaction of the Township of Oro- Medonte." The majority of the works associated with the Line 6 North / Horseshoe Valley Road intersection relocation have been completed, except for completion of the Line 6 Deviation Road. In accordance with the above-noted Subdivision Agreement provisions, up to 50% of the lots (40 of 80 lots) may be built upon before the intersection works and the road connection are completed. The Township passed By-law 2023-027 to lift the Holding provision as it applies to the Phase 1 lots. On January 21st, 2025, the Owner entered into a Subdivision Amending Agreement with the Township to reflect certain changes to the phasing of lots within this development, the purpose of which is to allow applicable Holding zones to be lifted and thereafter to make such lots eligible for Zoning Certificates and Building Permits. The amended development Phases are as follows (refer to Schedule 2): Phase 1 Lots 1, 2, 5 to 18, 20, 22 to 24, 26 to 30, 48, 55, 58, 59, 66 to 70, 73 to 75 and 77 to 79 Blocks 81, 82, 89 & 91 (Open Space) Block 90 (North Stormwater Management Pond) Block 83 (South Stormwater Management Pond) Blocks 92, 93 & 94 (Reserves) Block 95 (Road Widening) Phase 2 Lots 3, 4, 19, 21, 25, 31 to 47, 49 to 54, 56, 57, 60 to 65, 71, 72 and 80 Blocks 85 and 86 (Open Space) Blocks 84 & 88 (Walkway) Block 87 (Drainage) Analysis One of the conditions of the Amending Agreement is for the Owner to make application for the removal of the Holding provision for sixteen (16) lots in Phase 1 identified above. There are six (6) lots in the previous Phase 1 which are now in Phase 2 that require the Holding provision to be applied. Furthermore, the Owner acknowledges that the lots in Phase 2 remain subject to the Holding provision which shall not be lifted until improvements to Line 6 North and County Road #22 have been completed to the satisfaction of the Township in accordance with the Subdivision Agreement. The Owner will also need to undertake works on the Line 6 North Realignment/Deviation and external works as outlined in the Subdivision Agreement in the Spring of 2025 as soon as weather reasonably permits. Once a by-law approving the removal or lifting of the "Holding" provision has been approved by Council, the Chief Building Official will be able to issue building permits, subject to meeting the Township's requirements, the requirements of the Ontario Building Code, and the terms of the executed Subdivision Agreement. Development Services February 5, 2025 Report No. DS2025-016 Page 3 of 9 Page 130 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Remova... A By-law (attached as Schedule 3 to this report) has been prepared by Planning Staff which contains provisions to ensure that the Holding provision will remain on Phase 2 of the lots until the improvements to Line 6 North and Horseshoe Valley Road intersection works are completed to the satisfaction of the Township in accordance with the Subdivision Agreement. Financial/Legal Implications/Risk Management Addressed through the detailed provisions contained within the Subdivision Agreement provisions, the associated financial securities that have been supplied by the developer and the required Insurance Certificate during construction and subdivision development. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities 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 • Director, Development Services • Manager, Development Engineering • Chief Building Official • Township Solicitor (Russell, Christie, LLP) Background and Relevant Reports Staff Report DS2023-028 dated April 12, 2023 Attachments Schedule 1: Plan of Subdivision Plan 51 M-1246 Schedule 2: Amended Development Phases Schedule 3: Proposed By-law to Remove the Holding Provision Conclusion Staff is of the opinion that it is appropriate for Council to consider enacting a by-law to remove the "Holding" provision on sixteen (16) lots associated with Phase 1 of the Development Services February 5, 2025 Report No. DS2025-016 Page 4 of 9 Page 131 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Remova... Forest Heights Estates subdivision; and to apply the "Holding" provision on six (6) lots in the previous Phase 1 which are now in Phase 2. Respectfully submitted: Andy Karaiskakis, RPP, Manager of Planning Services, January 29, 2025 Approvals: Date: Brent Spagnol, RPP, Director, Development Services January 31, 2025 Development Services February 5, 2025 Report No. DS2025-016 Page 5 of 9 Page 132 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re- Remova... Schedule 1: Plan of Subdivision Plan 51 M-1246 I I —----- ,i a e 3T f:/i!.^^• 10T 2. ,v�tCEJJ1:i.M I \� sa f" ,O PART 1.PLAN SIR-73204 s°>- h AS! _ N e _ - er.acx m_ r •vax�� n (�L ! p 41 12 eP 1 N! 5 r 5'u 3 — ]0 0 O t 9(L T) ¢5 • Q a ! ,7 ! &OOC ex ! 47 83 b J :e p;;� '3 ".`a"c °Ilk 5t!1 J ayr dLOL'r.' i i •rJS��rr'T _ n A 'e 48 mac] n •fir `, J 1 � � \��".^� t�tt a�` !3' �. )1- 4( is 1 B >A ;4• ��`t .,.;b [ !.`.;� II 8'L f ��+�'�•. }— _ 8 ,, 7 5 0.7 -. �.::tiry."" - Rt,9'f w PoOGE^ ll � t''fST^p._� `J 20 1 t8 �1 -� � `� e� •`.7T_f'6EC r ,n. N f �,� �yti ! f� ""a.y�� 4; N,•[f �' fl 61�F SY >d 553 12 0 �� Development Services February 5, 2025 Report No. DS2025-016 Page 6 of 9 Page 133 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re- Remova... Schedule 2: Amended Development Phases Original Phase - Original Phase 2 � , � c �r�-e d D.BARNES LUTES New Phase 1 (50% f- Lots). The remaini I: 50% New Phase 2 IS x. j unmarked) ,sT:..,...-^ 1`07*z, car;C.-'.'! 7 40 ,A to PART 1.PLAN 3tR-IJ204 kR, jgg POW WW3-07INL 7) ..r`j BLOCK Bs—, _ I e p e •_ a 42 !N� •apt 5 •5. 3 - y 0 0 1 9KI 39 J40 " — - *� y •:j •'?�,..�-- B•ApP°A � �;,8- � 1 �� � �1... e•- .� 'ly la- 4�, L' S' t� � .�._... Pak. � l \ �. �)B ]] � 1j �. ^ y� •� I` 31R 5 t Pah t 73so n l 11 ate r `SfPil R7519r 50 1 - 7 141.�r 1 15 0 6 45r " +• - ,RUBY VI�IdOCE ° 51 '•l,Cl rZ0 ,l�Tr 12 !0 a q, 42 of 52 mxNsx�r a�ao-r.Ea •—_ - - sw_ac�e ��,�.r.r c na.m,..n o, Development Services February 5, 2025 Report No. DS2025-016 Page 7 of 9 Page 134 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re: Remova... Schedule 3: Proposed By-law to Remove the Holding Provision The Corporation of The Township of Oro-Medonte By-Law No. 2025-017 A By-law to remove the Holding symbol On lands described as follows: Part of Lot 1, Concession 7 and Part of the East Half of the West Half of Lot 2, Concession 7 (Oro), being Registered Plan 51M-1246, Lots 1-80 Township of Oro-Medonte, County of Simcoe Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. And Whereas the Owner has made application to remove the holding provision with respect to the lands legally described as Plan 51M-1246, Lots 1-80 in the Forest Heights Estates Subdivision; And Whereas the Owner entered into a Subdivision Amending Agreement with the Township to reflect certain changes to the phasing of lots within this development; And Whereas Council deems it appropriate to remove the Holding provision applying to the subject lands: Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'Al 6, to Zoning By-law No. 97-95 as amended. is hereby further amended by removing the Holding provision applying to above noted lands as shown on Schedule 'A' attached hereto and forming part of this By-law- 2. The Holding provision shall remain on Phase 2 of the lots in the Plan upon improvements to Line 6 North and County Road#22 having been completed to the satisfaction of the Township of Oro-Medonte, in accordance with the Subdivision Agreement, and subject to the provisions of the Planning Act, as amended_ 3. Schedule'A16', to Zoning By-law No. 97-95 as amended, is hereby further amended by adding the Holding provision applying to above noted lands as shown on Schedule 'A' attached hereto and forming part of this By-law. 4. Schedule"A- attached to By-law No. 2025-017 is declared to form a part of this By-law_ 5. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act; as amended. Development Services February 5, 2025 Report No. DS2025-016 Page 8 of 9 Page 135 of 179 7.d) DS2025-016, Andy Karaiskakis, Manager, Planning Services re- Remova... Schedule 'A' To By-Lave No. 2025-017 The Corporation of the Township of Oro-Medonte f iy N 8� r •Sl � Nu �- Mares - - R kr °�Rd—: If - 3lu_9arbush-Rd, ® Lands Subject to Removal of Holding (H) ® Lands Subject to Addition of Holding (H) Development Services February 5, 2025 Report No. DS2025-016 Page 9 of 9 Page 136 of 179 Te) DS2025-018, 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: February 5, 2025 Report No.: DS2025-018 Subject: Minor Variance Application 2024-A-64 (Gingras), 3626 Line 5 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-018 be received and adopted. 2. That Minor Variance Application 2024-A-64, specifically to permit the use of a second accessory building for a home occupation, on lands municipally known as 3626 Line 5 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2025-018. 3. The conditions are as follows: a) That the Owner enter into a Development Agreement with the Township that is registered on title to address the following considerations: i) That the home occupation shall comply with Section 5.12 of the Township's Zoning By-law and with Minor Variances 2020-A-04 and 2024-A-64; ii) That the business is limited in scale and scope to the types of uses that are permitted as a home occupation; iii) That the home occupation is limited to a maximum number of occupants; iv) That the owners are not permitted to run or rent out space for any events (such as, and not limited to: weddings, celebrations of life, birthday parties, baby showers, wedding showers, bachelorettes, and Development Services February 5, 2025 Report No. DS2025-018 Page 1 of 43 Page 137 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... any other celebrations), and are not permitted to run any workshops/retreats not related to yoga and wellness; v) That the owners are not permitted to sell any commodities that are not produced on the site by Vicki Tree Wellness, including catered snacks/meals, yoga and wellness related supplies. vi) That the owners are not permitted to employ more than one (1) full- time, part-time or contract non-resident on-site at a time, either remotely or in person; vii) That the owners update the website for the home occupation to reflect permitted uses as outlined in this report; and, b) That notwithstanding Section 5.12 (b), the home occupation shall otherwise comply with all other applicable provisions of the Zoning By-law and the previously approved Minor Variance 2020-A-04; c) That the detached accessory building and home occupation 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 detached accessory building shall not be used for human habitation; e) That the applicants satisfy Building Division's comments dated January 31, 2025; and, f) 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 and after the Owners enter into the above noted Development Agreement. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services February 5, 2025 Report No. DS2025-018 Page 2 of 43 Page 138 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Background The purpose of this report is to -_ provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-64, which is to permit the use of two r detached accessory buildings for a home occupation currently operating on the property. The subject property has a lot area of 16.2 hectares (40.0 acres), according to MPAC records, and contains a single detached dwelling, agricultural building, a two-storey detached accessory building and a couple sheds/accessory structures. The location map is included as Schedule 1 to this report. Minor Variance Application 2020-A-04 Minor Variance Application 2020-A-04 was submitted on February 3, 2020. The applicants requested a variance "to allow a home occupation (yoga studio) to be conducted on the 2nd level of an agricultural building (tractor barn)". The Minor Variance went to Development Services Committee on March 4, 2020 and was later approved by the Local Planning Appeal Tribunal (LPAT) on November 10, 2020 to permit an oversized detached accessory building with an increase in floor area of 500.0 square metres (5,382.1 square feet) and an increase in height of 10.0 metres (32.8 feet), and to allow the applicants to temporarily reside in the accessory building while the single detached dwelling was being built. The full LPAT decision is included as Schedule 8 to this report. The LPAT decision stated the applicants were planning on running a "yoga and wellness studio ("yoga business")" and that: "the ground level will be a four-bay garage to store a tractor and equipment to manage the forested areas. The second level will contain the yoga studio and the administrative office in one half and in the other half, a home office and recreation room. The studio is to accommodate fifteen people per class and parking will be adjacent to the studio with fifteen parking spaces" (p. 2). Development Services February 5, 2025 Report No. DS2025-018 Page 3 of 43 Page 139 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Change of Use Permit 2023-479 VIV In 2023, the applicants submitted a Change of Use Zoning Certificate and ? Building Permit to convert the temporary dwelling into the home �r„n11 i` occupation (yoga studio) which facilitated the enlargement of the ►. ` ��,; yti}I ` , business to take up half the lower ' level of the accessory building and ` the full second floor of the building. Zoning Certificate and Building Permit for the Building Subject to this Application In 2021, the applicants submitted a Zoning Certificate and Building Permit for an agricultural building to "store firewood and other outdoor { i , s items if need be". At that time f r �u `�' ' Planning Staff had discussions with �� the owners with regards to the future ir3 intended use of this structure to be s included as part of the yoga studio whom did not want to partake in a Minor Variance process at that time. The property owner applied for a F` building permit to construct a g storage structure to be utilized as an agricultural building. Change of Use Permit 2023-493 In 2023, the owners submitted a Change of Use Zoning Certificate and Building Permit to convert the agricultural building into an accessory building. The Building Division flagged the permit application and relayed the application back to planning for approval for use for the home occupation. At that time Planning Staff directed the applicants to apply for a Minor Variance. Minor Variance Application 2024-A-64 The applicants are proposing to convert the existing agricultural building into a detached unenclosed accessory building, which is currently being used for the home occupation. The applicants are seeking relief to the following section of Zoning By-law 97-95: Development Services February 5, 2025 Report No. DS2025-018 Page 4 of 43 Page 140 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Section 5.12 b — Home Occupations Required: Proposed: Shall be conducted entirely within a Permit the use of two detached accessory detached accessory building and/or the buildings for their home occupation. main building on the lot. Minor Variance application 2024-A-64 went to Development Services Committee on January 15, 2025, where the application was deferred at the applicant's request to provide additional time for the applicants to provide information related to the home occupation. The applicants' site plan, site plan detail and perspective drawing are included as Schedules 2, 3 and 4 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: Does the variance conform to the general intent and purpose of the Official Plan? The property is designated "Greenlands" in Simcoe County's Official Plan and the Township's Official Plan. The "Greenlands" Designation does not permit a home occupation; however, their original Minor Variance to permit the home occupation predates the Township's current Official Plan, and the applicants are seeking to enlarge a previously approved use. Development Services February 5, 2025 Report No. DS2025-018 Page 5 of 43 Page 141 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... The Township's Official Plan defines home occupations as: "means an occupation conducted for gain or profit by an individual residing in the same premises as an accessory use within a dwelling. Home occupations are small-scale home-based businesses allowing people to work from their homes while not detracting from the residential character of the neighborhood in which the applicants live. Such uses may include hairdressing, dog grooming or music instruction, but shall not include retail sales on-site with the exception of artisan studios where retails sales may be permitted". Section 4.11 of the Township's Official Plan contains criteria for home occupations. The owner's comments to this criteria can be found in Schedule 11 to this report. Planning Staff did/do not agree with a number of the applicant's original comments; however, Planning Staff's comments with reference to conformity with Section 4.11 can be found in the table below, which is based on more recent discussions with the applicants and their updated comments dated January 30, 2025, attached as Schedule 9. Development Services February 5, 2025 Report No. DS2025-018 Page 6 of 43 Page 142 of 179 7.e) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... C m 0 � � � O vi n ca N_ O U L U O U (n U L Q) O U Q) a) C U Q) cO C Q L m C ` O >+ O Q O O L C E O C C:)--0O Q U U) O a) w O o L U U L O 0 a) 0 U) ._ CD (0 a) U) O U) U � O �+ C O U O 4) O O L O L C (O O .C: L U Q Q O O n3 CO a) Q) V O L O E O) N O a) O a) a 'X cO C C o o m >. 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M _ U L (/� �+ W �,.� �� O •� (/� L �� U U L W W a) > Q- C a) Ay� w O C O O L C ?: L C � � CO L L Q) L O O C L cn O E La cn 41 O — U O O O U _0 U a) p L O L �--' L � O t� 1 >+ (A O -0 a) C �--� �--� — — O Q C d :, c -C Cu c�_co 0 . L _0 Cu api p -0 o ,o a) aa)i o ° � M U) a c� > N CC L Q) .� i O O U Q C O �' E a) Cu -0 O O O Q) C m L C ✓ /�� 'V a) U Q a) U O Q p N O V O a) ) .CL V U a) � E Q L ) O U N cn 0 0 E N E E a) N C " E O 5 � C O U o � U � � ' Co +.. E C m " o cn E a) o 0 0 Co cO a) o � N o � m m o � a) cG O — (O — Q.— U U — Q L Z O a) > > L O Q • O O L L Q— �+ L ^ya) /Y� O Y C Z 0 r r r r _Q L O d a) CL (A *k � Page 143 of 179 7.@) DS2025-015, Cath@§ne MCCBrroll, Senior Planner re- Minor Variance o / 0 CO 0 @ � ƒ L) E CM 0 E .e o E E E_ 0 0 757E \ N ' 0�'5 % '5 2 CO % 2 2 CL£ \ > — >1o >1 0 / 0 > 0 0 .a = p % > q 0 0 ? � 00- \ } _ - \ m Cu Cu Cu 0 / 2 = \ 2 g •a2 / 2 Cu E > 2 m 3 _% LO M 0 ° % � o CD ./ k H 0 q o 2 0 = _ _ 0 0 � £ 2 / @ E \ j f ? \ 2 f f / / o a - a) N E� 2a. E a) 2 3 = E % m % a) g @ E LL § & f �2 ) 0 ■ ? § k _ ° W ° Cu E _ E / 2 2 k 0 0 2 § § § 0 m Qe Qw2o -0 2w 0 2 k b _ _ a) e \ CM k — 23cu k2 \ a) = 6 % ) O U) Cu 0 a) 0 0" 0 § \ / « 0 -0 E CO 0 E £ m Cu >, _ _ �_ I 02 § F / ] / 2 0 CM a) a) ° § 0 0 E -0 E E 2 > o = k 0 k ) / 0 m 7 @ E f g / _ � > § .2 c 2 EE � 2 >2502 - 2@ � •- Cu = -0 m p E_ CL / o ._ 00 m C .$ '- § E E F k d § a) o - m ® E o E % S g U � m ? 9 a. k 2 e .g _ 0 2 0 m n > �£ — _ .7-0 E \/ ƒ m E 2 / ? _ o m g . . . . = g � e = « U) q 2 ƒ / k 0 E " 3 / 0 2 \ D w E w _0 0 E b.� 0 0 2 £ 2 E 0 c CL Z 2 q m .2 w. m tt, Page144 0 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... According to Schedule C — Natural Heritage, Water Resources and Hazards, the subject lands contain a significant woodland and watercourse, and are located adjacent to an area of natural and scientific interest (ANSI) (see Schedule 6 to this report). In Planning Staff's opinion, the proposed variance will not have any further impacts on the significant woodland as the structure has already been constructed. The Nottawasaga Valley Conservation Authority (NVCA) provided comments dated December 18, 2024, stating no objection to the approval of this application. A NVCA Permit is not required for the change of use as the building is located outside the NVCA's regulated area. In Planning Staff's opinion, the proposed variance conforms to the general intent and purpose of the Official Plan as the owners have confirmed the scale and scope of their business to conform to the home occupation policies subject to a development agreement. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "Agricultural/Rural (A/RU)" and "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, see Schedule 5 to this report. The Township's Zoning By-law defines "home occupation" as: "means an Occupation which is carried on in accordance with the provisions of this By-law relative thereto, as an accessory use to a dwelling unit and is clearly incidental, accessory, or secondary to the residential use of a dwelling". The Zoning By-law permits a home occupation to be conducted in a detached accessory building and/or the main building on the lot. The applicants have requested relief from the Zoning By-law to permit the use of a second detached accessory building for their home occupation (yoga and wellness). Home occupations are subject to the criteria set out in Section 5.12 of the Township's Zoning By-law. The owner's comments to this criteria can be found in Schedule 11 to this report. Planning Staff did/do not agree with a number of the applicant's original comments; however, Planning Staff's comments with reference to compliance with Section 5.12 can be found in the table below, which are based on recent discussions with the applicants and their updated comments dated January 30, 2025, attached as Schedule 9. Development Services February 5, 2025 Report No. DS2025-018 Page 9 of 43 Page 145 of 179 7.e) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 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N N N N N d O v > a(n *b Sri m LO LO LO a, Page 147 of 179 7.@) DS2025-015, Cath@§ne MCCBrroll, Senior Planner re- Minor Variance k \ 0 - o L) -Fu§ �e e £ 33 e R .2 / 2 ¥ .k U) � e k CL) kj2 § CD 4- \ .2 / 40 § mac �q yet ■ � § \ ® � � e E E EL > 0 0 2 Co -0 LL u) L $ e22 ■ 0 C k S 0 0 E \ 0 _ 0 0 _ \ E E = E m L) § § u E 0 e § 2 = e \ 0 @ £ 0 % -0 �\ = E £ n n - .> § Cu ® � cu GCD % . k o � o : \ % fE >- o � ƒ � Cu m \ 2 " a ƒ m § 0 q g � @ 0 5 > L 2 i 0 9 2 " Cu .g - o �a n @ & 0 - 0 = ® 00 a £ 0 0 - :3 0 5 \ @ ( _ 0 E n E x E u-5 £ E __ 9 U IL L)> \ / a " % 2 ¥ � f � Ln o / � 2 § J J O o E c o � o CL � � .� E '- o - e = e c 2 _ m Cu EE - EkEaq "0 0 2 ® 0 2 ¥ 2 � 07 = E m E c in N g 3 0 6- E 0-U) o o 0- 0� _ _ / o c CL 2 .2 > m # a m Page148 0 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Planning Staff have had several discussions with the owners to narrow down the scope of what is permitted as part of a home occupation. The owner's emails are attached as Schedules 9, 10 and 11 to this report. The owners have confirmed the following: • Not more than one non-resident employee at the premises any one time. • No commodities will be sold that are not produced on site by Vicki Tree Wellness. o This includes: all yoga and wellness related items, catered meals/snacks. • Confirm that events such as: weddings, celebrations of life, birthday parties, baby showers, wedding showers, bachelorettes parties and any other celebrations, will not operate. • Confirmation of compliance with Ontario Building Code (OBC) with respect to life safety, assembly occupancy and servicing capacity. Any further expansions to enlarge the scale and scope of the business will be assessed to determine whether it complies with the OBC and the home occupation provisions of the Official Plan and Zoning By-law. In the event proposed expansions do not comply with the provisions of a home occupation, the following applications may be required: • County Official Plan Amendment (if required); • Township Official Plan Amendment; • Zoning By-law Amendment; • Site Plan Application; • Change of Use Permit; and, • Septic Verification/Septic Permit. Development Agreement As a condition of approval of the Minor Variance application, Planning Staff are recommending that the owners enter into a Development Agreement with the Township that is to be registered on title of the property to detail the extent of the uses that are permitted as part of the home occupation. Specifically, the Development Agreement will address the following considerations: • That the home occupation shall comply with Section 5.12 of the Township's Zoning By-law and with Minor Variances 2020-A-04 and 2024-A-64; • That the business is limited in scale and scope to the types of uses that are permitted as a home occupation; • That the home occupation is limited to a maximum number of occupants; • That the owners are not permitted to run or rent out space for any events (such as, and not limited to: weddings, celebrations of life, birthday parties, baby showers, wedding showers, bachelorettes, and any other celebrations) and are not permitted to run any workshops/retreats that are not related to yoga and wellness; Development Services February 5, 2025 Report No. DS2025-018 Page 13 of 43 Page 149 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... • That the owners are not permitted to sell any commodities that are not produced on site by Vicki Tree Wellness; • That the owners are not permitted to employ more than one (1) full-time, part- time or contract non-resident on-site at a time, either remotely or in person; and, • That the owners update their website to reflect uses outlined within the Development Agreement. Based on the above, Planning Staff is of the opinion that the variance conforms to the general purpose and intent of the Zoning By-law, provided that the owners limit the scale and scope of their home occupation as agreed to in the Development Agreement. Is the variance desirable for the appropriate development of the lot? Upon site visit, Planning Staff noted that the accessory building will not be visible from the road due to the following unique characteristics of the lot: 1) The subject lands are large (16.2 hectares/40 acres); 2) The topography of the property slopes down from the road towards the location of the accessory building; 3) The accessory building will be located approximately 545.0 metres (1,788.1 feet) from the front lot line, 20.0 metres (65.6 feet) from the south interior side lot line and approximately 114.0 metres (374.0 feet) from the rear lot line; and, 4) The property is heavily treed. Due to the unique characteristics of the lot, the location of the building at the rear of the property, and the existing vegetative buffer, Planning Staff are of the opinion that the yoga and wellness use is appropriate within this context as it is not anticipated to have any adverse impact on the neighbouring properties. A similar home occupation may not be supportable on every property depending on size, location and screening from view. For the reasons listed above, Planning Staff are of the opinion that the proposed variance is considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. Based on the confirmed scale and scope of the business, Planning Staff are of the opinion that the requested variance is minor in nature as: 1) the detached accessory building cannot be seen from the road due to the topography and unique characteristics of the heavily treed lot; and, 2) it is not anticipated to have an adverse impact on the use and enjoyment of the neighbouring properties. As the variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law and to be appropriate for the desirable development of the lot, the variance is considered to be minor. Development Services February 5, 2025 Report No. DS2025-018 Page 14 of 43 Page 150 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 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 various review agencies and Township departments, posted on the Township's website and on the Township's social media accounts. 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 Comments (Excerpt): However, the use of the building for any events or any other type of Group A, Assembly Occupancy would not be permitted as this use would reduce the performance level of the building and as a result, increase the hazard to the occupants. In order for this to be permitted, the Building Code would require, including but not limited to the information and actions as indicated in Building Division comments provided on January 13, 2025; 1. Provide OBC Data Matrix. Change of use submitted does not support an assembly occupancy use. Provide structural loading and part 3 requirements as an assembly occupancy. Current change of use building permit application supports only personal services occupancy. 2. Provide Life safety report. 3. Provide site plan complete with fire route, access, location of on-site water, etc. 4. Provide calculations for on-site water storage for part 3 use. 5. Provide Septic verification for change in occupancy type. Development Services February 5, 2025 Report No. DS2025-018 Page 15 of 43 Page 151 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 6. Provide review of occupant load and plumbing facilities. 7. Change of use permit required complete with occupancy prior to continued use of structure. The continuation of any assembly uses in the absence of an approved change of use may result in the issuance of orders under the Building Code Act. • Township Operations — No comments. • Nottawasaga Valley Conservation Authority (NVCA) — No objection to the approval of this application. Relevant Information/Reports • Development Services Staff Report dated March 4, 2020 Link to Report • Development Services Staff Report dated January 15, 2025 Link to Report Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Site Plan Detail Schedule 4: Perspective Drawing Schedule 5: Existing Zoning Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Hazards Schedule 7: Photos of the existing structures Schedule 8: LPAT Decision for Minor Variance Application 2020-A-04 (Gingras) Schedule 9: Email Correspondence with the Owners dated January 30, 2025. Schedule 10: Email Correspondence with the Owners dated January 27, 2025. Schedule 11: Email Correspondence with the Owners dated January 22, 2025. Conclusion Planning Staff recommend that Minor Variance Application 2024-A-64 be approved, specifically to permit the use of the second accessory building for a home occupation, 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, Catherine McCarroll, RPP, Senior Planner, February 3, 2025 Development Services February 5, 2025 Report No. DS2025-018 Page 16 of 43 Page 152 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services February 4, 2025 Brent Spagnol, RPP, Director, Development Services February 4, 2025 Development Services February 5, 2025 Report No. DS2025-018 Page 17 of 43 Page 153 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 1: Location Map 3829 3799 — I d.4.w. 3731 3675 "3667 3626 3619 3600 60 640 524 17 1 3462 3579 t. 18 Pine 3454 4 48 2 4 618 12 638 ' 0666 Location Q Subject Lands (�/(s�T�tn��`� Proud Heritage,Exciting halm, 0 loom File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 18 of 43 Page 154 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 2: Applicant's Site Plan Existing single i detached dwelling. Existing agricultural building to be converted \ �*; into a detached accessory building. The building is currently being used for their home occupation. Existing detached `s� Iaccessory building which is currently being used for their home occupation. i I I i I I I I i rl I ti I � I I - I I I I I I i I I I I Tou�Y��ot�l♦�LLI/1GL(� Site Plan Proud Heritage,Exciting Frdurr, File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 19 of 43 Page 155 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 3: Site Plan Detail ------------ ------------------------- I I j Existing single j detached dwelling. I � I Existing agricultural .- building to be converted into a detached accessory building. The building is j j currently being used for j their home occupation. I I I I y _ _ I.W Existing detached d accessory building which is currently being used for their home occupation. T ltip er Detailed Site Plan ���`< Ae-,(Awtt, Proud 14critaxe,Lxcitieq !Otter, File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 20 of 43 Page 156 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 4: Perspective Drawing Perspective Drawing Prond Heritage,Exciting Frdurr File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 21 of 43 Page 157 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 5: Existing Zoning EP o5 I1 l E EP 05 fA/RU Z A/RU � C J os A/RU I EP 3 � CathT/ f Rl*163 A/RU e�rJal�p�nes.,A Piiie`_Ln. �a R1!5 13 - _. ArRU469 H Existing Zoning � Ri(Residential One) I" A/RU(Agricultural/Rural) ` Subject Lands 0`T❑ns{iiy of _ EP(Environmental Protection) ® OS(Open Space) Proud Heritage,Exciting Funnr 0 100 m File Number:2024-A-64 ti I Development Services February 5, 2025 Report No. DS2025-018 Page 22 of 43 Page 158 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re- Minor Variance ... Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Hazards Rd,F. PF �•,d.wew � qW z rf� `J CatneJ - dial-P;nes1 Pine Township Official Plan - Natural Heritage, Water Resources and Natural Hazards f.7 Subject Lands ANSI MNR un-Evaluated Regional,Life Wetlands �Science Permanent Streams /(`) � Woodlands �1""'' nj Surface Water , MNR Evaluated 11111110 Treed Wetlands Plantation r Proud Heritage,Exciting haw, \/f 0 300 M File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 23 of 43 Page 159 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 7: Photos of the Existing Structures Photos of the Existing Yoga Studio: loom IR y1. x Photo of the Existing Single Detached Dwelling: n. 4 Photos of the Existing Structures Toumslripo , Proud Hcritagc,Exciting Futurr File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 24 of 43 Page 160 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 7: Photos of the Existing Structures (Continued) Photos of the building that is subject of the change of use. Applicants are seeking to legalize its current use for the yoga studio: f t x ,i `¢...;: 3 i C 4 y Toumship o Photos of the Existing Structures Proud Heritage.,Exciting Futurr File Number:2024-A-64 Development Services February 5, 2025 Report No. DS2025-018 Page 25 of 43 Page 161 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 8: LPAT Decision for Minor Variance 2020-A-04 (Gingras) 4" mom Local Planning Appeal Tribunal Tribunal d'appel de 1'ainenagement local IM ,%C=Mr Ontario ISSUE DATE: November 10, 2020 CASE NO(S).: PL200169 The Ontario Municipal Board (the "OMB') is continued under the name Local Planning Appeal Tribunal (the "Tribunal'). and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. PROCEEDING COMMENCED UNDER subsection 45(12) of the PlanningAcf, R.S.O. 1990, c. P.13, as amended Appellant: Patricia Roach Applicant: Virginia & Ray Gingras Subject: Minor Variance Variance from By-law No.: 97-95 Property Address/Description: 3626 Line 5 North Municipality: Township of Oro-Medonte Municipal File No.: 2020-A-04 LPAT Case No.: PL200169 LPAT File No_: PL200169 LPAT Case Name: Roach v. Oro-Medonte (Twp.) Heard: October 20.. 2020 by video hearing APPEARANCES: Parties Counsel',Representative Patricia Roach Bernard Roach Virginia and Ray Gingras John Alati' Township of Oro-Medonte No one appeared DECISION DELIVERED BY T.F. NG AND ORDER OF THE TRIBUNAL Development Services February 5, 2025 Report No. DS2025-018 Page 26 of 43 Page 162 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 2 PL200169 [1] `Virginia and Ray Gingras ("Applicant"), of 3626 Line 5 North ('Subject Property`) in the Township of Oro-Medonte ("Township'), County of Simcoe ("County'), bought the Subject Property with the aspiration of constructing a dwelling and also running a yoga and wellness studio ('yoga business`) in that calming and naturally forested setting. The applicant. Ms. Gingras. is an established owner of the yoga business that is a few kilometres away and which she intends to relocate to the Subject Property. [2] The Applicant proposed to build a two-storey detached accessory building that will serve multiple functions. It will have a gross floor area of 372 to 464 square metres (`sq m") (4,000 to 5.000 square feet ('sq ft")) on two storeys with each level being 186 to 232sq m (2,000 to 2,500 sq ft). The ground level will be a four-bay garage to store a tractor and equipment to manage the forested areas. The second level will contain the yoga studio and the administrative office in one half and in the other half, a home office and recreation room. The studio is to accommodate fifteen people per class and parking will be adjacent to the studio with fifteen parking spaces. [3] The Applicants proposed primary residence is a bungalow (with a two-bay attached garage) of approximately 279 sq m (3.000 sq ft) in area- [4] The bungalow and the accessory building will both be located at the rear portion of the Subject Property and will be serviced by private water well and septic system. Access is by an existing access road_ The areas proposed to be developed and the access road are already predominantly cleared and have minimal trees. The development locations chosen were chosen to minimize tree clearing and environmental impacts. [5] The Subject Property has an approximate frontage of 259 metres ("m') (850 feet (`ft") along Line 5 North and an area of 17.5 ha (43.3.ac). The Subject Property is heavily treed and vacant. To the North of the Subject Property are forested areasfvacant lands (Copeland Forest). To the South are forested areas /vacant lands (Simcoe County Forest) and the settlement area of Horseshoe Malley_ On the East side are rural and agricultural properties with single detached residential dwellings and Development Services February 5, 2025 Report No. DS2025-018 Page 27 of 43 Page 163 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 3 PL20016� accessory uses. Towards the West are forested areastvacant lands of the Copeland Forest. (6] Four minor variances were requested to permit the proposed development. The Applicant applied for the variances which were allowed by the Township's Development Services Committee ("Committee")with conditions on March 4, 2020. Patricia Roach (`Appellant')filed an appeal to the Tribunal and in the intervening period, the Committee on April 28, 2020 sent a revised notice of decision, approving the minor variances with six conditions attached. [7] At the hearing, the Tribunal did at the request of Elizabeth and Ron Dunn grant them participant status_ Bernard Roach the spouse of the Appellant was also granted participant status on his request. Mr. Roach chose to act as representative for his wife (Appellant) as Ms_ Roach opted to give evidence as a factual witness. The Tribunal noted that the Appellant had issued witness summons to two individuals. Catherine McLean and Emma Pent', who are land use planners_ Ms. McLean is with the Township and Ms. Perry is with the Nottawasaga %'alley Conservation Authority ('NVCA"). [8] The Appellant's apprehension about the variances stems mainly on her belief that there could be environmental impact in the forested areas and lands within and adjacent to the Subject Property. She was particularly concerned about the status of a recommended Environmental Impact Study ('EIS")that the planning department and NVCA had recommended to be undertaken. which as it happened. the Committee dispensed with when they approved the variances subject to the conditions that were imposed. [9] The Participants. the Dunns' concerns, from their statement appears to be that the alleged maximum limits that is applied for should not be allowed, are not minor and that there is confusion on what an accessory building is and the quiet neighbourhood could become busier. (10] When the appeal was heard. the Applicant had. out of an abundance of caution. Development Services February 5, 2025 Report No. DS2025-018 Page 28 of 43 Page 164 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... PLI-00169 commissioned the EIS and the expert who con.mucted the study was on hand to give her expert opinion to the Tribunal. (11) The issue for the Tribunal was whether the proposed development will be consistent with or in conformity with the Provincial Policies and legislative requirements and whether the variances requested nmeet the statutory tests_ [12] Counsel for the Applicant. John Alati called Darren Vella a Land Use Planner to give evidence in support of the variance application_ Mr. Vella was qualified by the Tribunal to give expert opinion evidence on land use planning matters. He opined that these variances meet the section 45(1) requirements of the Planning Act. His Planning Justification Report is found at T3b-30 of Exhibit-1 (Document Book). [13] Counsel also called Jo-Anne Lane. an Ecologist and Environmental Scientist to testify on matters pertaining to the EIS that she undertook for assessing the extent of impact, if any, of the proposed development. She was qualified by the Tribunal to give opinion evidence in her specialisation. Her opinion was that there was little or no negative impact from the proposed development. Her EIS is found at Tab-29 of Exhibit- 1. She concluded that the Provincial Policy Statement 2020 ('PPS") section 2.1 Natural Heritage policy on endangered and threatened species have been identified on site and is being addressed to conform with the Endangered Species Act ('ESA"). There are significant woodlands on the Subject Property, however no negative impacts are anticipated since minor approved tree removal has been completed and no or minimal additional vegetation removal is required. The Copeland Forest Resource Management Area is a provincially significant Area of Natural and Scientific Interest (`ANSI`) and is adjacent to and contiguous with the Subject Property but it will not be affected by the proposed development. The Subject Property is designated Greenlands in the County OP and the significant woodland designated is protected with no negative impacts anticipated. In the Township OP, the site is within the Oro Natural Core Area. The Environmental Protection 1 (EP1) designation on adjacent lands has been respected and no negative impacts to any features or functions are anticipated_ Further there are Development Services February 5, 2025 Report No. DS2025-018 Page 29 of 43 Page 165 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 5 PL200169 no anticipated impacts to the groundwater recharge area. All development is proposed outside the NVCA regulated area. As for the ESA. habitat for the endangered bat species is likely present on the Subject Property and since no or minimal tree removal is expected, there will not be any impact on the habitat. The Migratory Birds Convention Act protects the nests. eggs and young of most bird species from harm or destruction. The breeding season in Souther Ontario is generally April to August and she recommends the clearing of vegetation be done outside this period_ Her opinion is that the proposed development is consistent with the PPS. complies with the relevant federal and provincial legislation, the County's OP and the Townships OP. [14] The Appellant's summoned witnesses Ms. McLean and Ms. Pent' also testfed. They generally confirmed that an EIS is recommended to evaluate the proposal and the variances applied for. [15] The Appellant in her brief testimony expressed that the variances should not be permitted as according to her they are not minor, failed to comply with the Official Plans and Zoning By-law. She did not provide any evidence to contradict the Applicants experts' opinion evidence_ [16] The Tribunal is satisfied based on the uncontradicted evidence (which withstood the Appellant's brief cross examination), before it that the variances should be allowed and authorized for the reasons that follow. (17) The reliefs requested under Zoning By-law No. 97-95 ('ZBL') as amended for variances requested are as follows: 1. To permit temporary dwelling unit within accessory building whereas human habitation is not permitted in accessory building. 2. To permit accessory building to be erected prior to establishment of single detached dwelling whereas no accessory building shall be erected before the main building on the lot. Development Services February 5, 2025 Report No. DS2025-018 Page 30 of 43 Page 166 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 6 PL2001£ 3. To permit a maximum height of 10.0 m whereas the maximum height is 4.5 m. 4. To permit a maximum floor area of 500.0 sq m whereas the maximum is 100sgm. [18] The Tribunal is satisfied that the proposed variances at the Subject Property has regard for the matters of provincial interest as set out in section 2 of the Planning Act in particular 2(a) the protection of ecological systems, including natural areas. features and functions, 20) on the provision of a range of housing and 2(r) on the promotion of built form that is well-designed. [19] An applicant must satisfy the Tribunal that the four tests in section 45(1) of the Planning Act are nmet i_e. that the variances maintain the general intent and purpose of the Official Plan and the Zoning By-law, are desirable for the appropriate development or use of the land building or structure and are minor in nature. EVIDENCE AND ANALYSIS EVIDENCE [20] It is the uncontroverted opinion of Mr. %-ella, that the proposal is consistent with the Policies of the PPS noting that the proposed development as defined in the PPS. is an efficient use of land. The Tribunal finds that Policy 1.1 .4 of the PPS relating to rural areas in municipalities applies to the Subject Property. Rural areas include rural lands, natural heritage features and associated features. Managing and directing land use in healthy, integrated and viable rural areas to achieve efficient and resilient development land use to build upon the rural character and promote economic and employment opportunities while conserving natural features in particular_ section 1.1.4.1 is met. The proposed development is consistent with PPS policies on rural areas as provided in sections 1.1.4, 1.1.4.1, 1.1.5 to focus growth and development in integrated and viable rural areas by building upon rural character and efficient use of rural amenities and Development Services February 5, 2025 Report No. DS2025-018 Page 31 of 43 Page 167 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 7 PL200169 residential development including home occupation to support a diversified economic base to provide employment opportunities. The proposed development is consistent with section 2.1 of the PPS with respect to the requirement to protect natural heritage features where development and site alteration is not permitted in or on lands adjacent to significant woodlands, wetlands and significant areas of natural and scientific interest unless it is demonstrated that there are no negative impacts on the natural features or their ecological functions. The EIS commissioned by the Applicant concluded that there are no significant impacts. The Tribunal finds that the proposed development is consistent with the PPS. [21] Mr. ':'ells opined that the proposed development conforms with and does not offend the policies of the 2019 Growth Plan for the Greater Golden Horseshoe ("Growth Plan') noting that the Subject Property is located within the rural area where development may be permitted on rural lands outside settlement areas that is compatible with the rural landscape and surrounding land uses. is sustained by rural services levels and that protects agricultural uses and other resource based uses. Under section 2.2.9 of the Growth Plan in particular 2.2.9.1, 2.2.9.3, and 2.2.9.6, municipalities are encouraged to plan for cultural and economic opportunities within rural areas. The proposed development is a limited residential development, commencing with a detached accessory building which provides an economic opportunity in the rural areas. Section 2.2.9.6 provides that units or lots for residential development may be allowed on rural lands in site specific locations with approved zoning or designation in place. The designation and zoning permits the development proposed with the variances requested. Section 4.2, 4.2.2, 4.2.3 and 4.2.4 of the Growth Plan apply to the Subject Property as it is included in the Natural heritage System. Accordingly, the EIS was undertaken which demonstrated that no impacts on the features, functions or related areas are anticipated. The Tribunal finds that the proposed development conforms to the Growth Plan. [22] Mr. '-:'ella also stated that the proposal conforms to the County's Official Plan ('County's OP') noting that the Subject Property is designated Greenlands and meets Development Services February 5, 2025 Report No. DS2025-018 Page 32 of 43 Page 168 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 8 PL200169 the objectives and land use designation of section 3.8.15 of the County's OP with respect to Residential dwelling units on existing lots, outside prime agricultural areas (existing lots approved prior to May 9, 2016). The Greenlands designation aims to ensure that the location. scale, and form of the development respects and supports the protection of the natural heritage system (section 3.8.7). The location. form and scale chosen for the proposed development is one that is deliberately made to support the protection of the natural heritage system where impacts to natural features and trees are minimized. The EIS was undertaken in accordance with section 3.8 and 3.3.15 of the County's OP which concluded that there is no negative impact. The Tribunal finds that the objectives of the Greenlands are met in relation to the County's policies for the community. The Tribunal is satisfied that the proposed variances conform to the County's OP. [23] As to the Township's Official Plan (`Township's OP`), it is Mr_ Vella's opinion that the proposed variances meet the general intent and purpose. The Subject Property is designated Schedule A land use `Oro Moraine Core/Corridor area: Schedule B Natural features 'Oro Moraine Core Areas' and Schedule A/B "Oro Moraine Bounday and "Oro Moraine Planning Area Boundary"_ Section A2.1 of Township's OP relates to natural heritage. The Oro Moraine is considered a significant groundwater recharge area in the County and section A2.2 of the Township's OP aims to protect the significant recharge areas and groundwater. The Proposed development will be serviced by a private septic system and private well in accordance with section A5 of the Townships OP. In the Oro Moraine Core/Corridor area, the planning area features and designation includes provincially significant wetlands, woodlands, ANSI's, wildlife habitat areas. stream corridors and rechargeldischarge areas. Permitted uses in the designation include single detached dwelling and accessory uses on existing lots and home occupations (section 81.10.1.3). In line with the planning area and designation, the proposed variance application will protect the natural heritage features, maintain balance between nature and development, protect the rural character of the Oro Moraine, direct development to previously cleared areas and location of Subject Property. This will ensure minimal impact on significant natural features and the related Development Services February 5, 2025 Report No. DS2025-018 Page 33 of 43 Page 169 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... PL-100169 ecological functions. Section 8.1.10.1.4.f161.7 of the Township's OP provides that no development of any uses that requires planning approval shall be permitted within the designation unless an EIS is done in accordance with the policies. The EIS demonstrates the natural heritage features and the ecological functions are protected. FINDINGS [24] The Township's OP supports land use planning objectives for economic development and home-based businesses (home occupation) that are compatible with adjacent uses and rural character of the area (section A2.7). Home occupations are permitted provided the criteria in section C18.4.1.5 are met including but not limited to: that a minor variance is requested to permit home occupation within a detached accessory building not within the dwelling unit; that the home occupation is operated by the owner in residence: that it is clearly the secondary use to the primary use of the property as a residence, that it is of acceptable size, is compatible with the surrounding land uses and have adequate on site parking in a compatible location for the use. The Tribunal finds that the application to permit the home occupation within the detached accessory building meets the criteria of section.C18.4.1.5, and with fifteen on-site parking spaces adjacent to the use, is compatible with the surrounding land uses of the neighbourhood. The Tribunal is satisfied that the variances sought maintain the general intent and purpose of the Official Plans. [25] Zoning By-law No. 97-95 as amended (June 2020 consolidation), implements the policies of the Township's OP. The Subject Property is zoned "Agricultural/ Rural (A1RU)` and "Environmental Protection" (EP). For the proposed uses of the primary residence, the detached accessory building and the home occupation, these uses are permitted by the A1RU zone under the ZBL. The proposed development will not be developing or cause site alteration on lands zoned EP. The Tribunal is satisfied that the proposed variances maintain the general intent and purpose of the ZBL. (26] The proposed variances are suitable for the appropriate development of the land as they result in one primary dwelling and one detached accessory building. The Development Services February 5, 2025 Report No. DS2025-018 Page 34 of 43 Page 170 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 10 PL2001t Subject Property is within a rural area where the proposed land use of a primary dwelling and detached accessory building is common and permitted without the need for any variances. The Applicant here is proposing a multi-use accessory building housing a home occupation business on the second level and a garage on the ground level. Instead of building multiple structures which will necessitate tree clearing and associated tree loss. the multi-use accessory building is located in a portion of the Subject Property that is already cleared and disturbed hence minimizing the impact_ The proposed development is appropriate for the Subject Property and represents good planning. The Tribunal is satisfied that the proposed variances are desirable for the appropriate use and development of the Subject Property. [27] The first variance requested is for temporary habitation while the primary residence is being constructed. The second variance requested will allow the Applicant to build the detached accessory building before the primary residence. The third variance requested will increase the maximum height permitted for the accessory building to 10.0 m to allow for the second level of the accessory building and room on the ground level to store forest maintenance equipment. The fourth variance requested is to permit an increase of the maximum floor area to 500 sq m for the detached accessory building. The proposed variances will not result in unacceptable adverse impact on the surrounding properties or the streetscape such as massing or shadowing. The built form will be compatible with the rural neighbourhood. The proposed development is set in the portion of land of the Subject Property that is away from the Line 5 North road frontage and will not be visible from the road. The existing built form character of the surrounding area is maintained. There are parking spaces provided adjacent to the building and there is no evidence to show any unacceptable adverse impact on the occupants or owners of surrounding properties_ The Tribunal is satisfied that the variances are minor in nature. ORDER [28] The Tribunal hereby dismiss the appeal and orders that all the variances Development Services February 5, 2025 Report No. DS2025-018 Page 35 of 43 Page 171 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... 11 PL200169 specifically set out in paragraph 17 above are authorized subject to the conditions as follows: 1. That the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law. 2. That the owners obtain an 18-month second home agreement with the Township prior to the issuance of a building permit for the accessory building in order to live on the second storey of the detached accessory building while the single detached dwelling is being constructed. 3. That the proposed detached accessory building be substantially and proportionally in confommity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 4. That the owners obtain an entrance permit from the Township's Road department. 5. That the owners obtain a zoning certificate and sign permit for any signage associated with the home occupation. 6. That the appropriate zoning certificate, engineered grading plan (if required) and building permit be obtained from the Township only after the Tribunal's decision becomes final and binding, as provided for within the Planning Act. [29] The Tribunal so orders. `T.F. Ng T.F. NG MEMBER Development Services February 5, 2025 Report No. DS2025-018 Page 36 of 43 Page 172 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... PL200169 If there is an attachment referred to in this document, please visit www.olt_gov.on.ca to view the attachment in PDF format. Local Planning Appeal Tribunal A constituent tribunal of Ontario Land Tribunals Website: www.olt.gov_on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 Development Services February 5, 2025 Report No. DS2025-018 Page 37 of 43 Page 173 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 9: Email Correspondence with the Owners dated January 30, 2025 Brent/Catherine: Please accept this email as confirmation that Vicki Tree Yoga&Wellness Inc.will not: 1. have more than one non-resident employee at the premises at any one time;and 2. not to sell any commodities that are not manufactured by Vicki Tree; until such time as a zoning by-law and official plan amendments have been obtained that permit the foregoing. I have spoken with Virginia,and we thought it would be clearer if we set out the activities that Vicki Tree would be allowed to conduct: • Yoga classes(all styles of yoga from restorative,hatha,power,sculpt,yin,and meditation,including sound baths, hot stone,etc.) • Yoga Training for clients and instructors 2-8 hrs of training workshops • Fitness classes(spin,sculpt,step,Nia,dance,combat etc.) • Specialty Classes(2-3 hrs)for Hot Stone Relaxation,Sound Bath Immersions,Hot Stone Unions,Fusions,Med- itation,Creativity,Journalling/Meditation • Workshops(include wellness mini-presentations and topics related to wellness like grief that are coupled with movement/yoga or meditation)1-3 hrs • Full Day Workshops(combination of the above usually run from 9:30-3:30pm) • Massages(one day a week) • such other activities as may be agreed with the Town from time to time. If the minor variance is approved,we will immediately move forward with the amendments. Also,regarding events and retreats,please speak to Gary McCartney,as he was closely involved with the build. The studio was built to commercial standards in all respects. Finally,we would like this to be presented on Feb 5 as we really do not want to defer a second time. Please let us know if you require anything further. Best, Raymond J.Gingras, JD Founder&President Development Services February 5, 2025 Report No. DS2025-018 Page 38 of 43 Page 174 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 10: Email Correspondence with the Owners dated January 27, 2025 (Owner's Responses are in Blue) Hi Catherine: Please see our answers below. Please let us know if you have any other questions- Ray Raymond J. Gingras, JD Founder&President Hi Ray and Virginia. Thank you forthe information. Staff will require clarification on the following matters in order to be in a position to determine compliance with the Home Occupation provisions of the By-law,which is needed to process the minor variance application being considered by Development Services Committee: Yoga and wellness uses: • lease list the types of wellness events/retreats and uses that you are running and the maximum number of people attending these classes/events. Events:An event is typically 2-3 hours and is a speciality class or wellness topic.Such events(really workshops or speciality classes)usually are 2-3 hours long,occur on weekend or evening and include: - sound bathing,hot store relaxation classes,restorative immersion,meditation classes,fusion classes(Virginia fusing her favourites together-happy hips,sound bathing and hot stone all fused together in a 2 hour class), anxiety/stress reduction class,menopause series(using proper nutritition,meditation,movement and under- standing hormones to find some joy in this life transition),reiki+yoga workshop,grief workshop(discussion, meditation,light movement),Valentine's Day couples'fusion,creative immersion(using hands to relase stress with a craft,journalling or creative outlets coupled with yoga/meditation). Please note that these do not happen every week-some only once a year,others once a month some twice a year. Hot stone relaxation class is our signature speciality event(90 minutes)and we do this often for private groups(8 -15 max).The above events average 8-10 people.Rarely 15-if ever for these above events(meaning workshops or speciality classes).People love Vicki Tree because it is small groups,beautiful space,not busy and exposure to highly trained wellness specialists.I spend hours collaboating,researching on and building relationships with other wellness leaders who are speciailsts-and collaborate to offer a 2-3 hr wellness workshop at Vicki Tree with them.While there are a lot of instructors/wellness leaders on the website,some wellness leaders come once a year,others once a month. I use the name Events as it encompasses workshops and speciality classes. Development Services February 5, 2025 Report No. DS2025-018 Page 39 of 43 Page 175 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Retreats-Retreats are usually a mesh of events packaged into a half day or full day with Virginia.Retreats are usually 8-15 people.On rare occassion it maybe 18-20 but Virginia prefers 8-12 as the ideal number for quality. People recognize the quality fo these days and as a result Vicki Tree is asked to host private groups of friends or collegues that includes yoga,movement,meditation,wellness topcis for discussion.These typically run from 9:30-3:30pm on average. Rarely is it every retreats in the evenings. There is no alchol,partying or any huge celebrations. • Breakdown on the number of employees and their working hours. Is there more than one non-resident working at a time?No We have one part-time employee who works a max of 21 hours a week at various times. We also have a number of yoga+wellness leads/instructors who are retained under a written independent contractor agree- ment.They are referred to above. They come in,teach a one hour(usually)class then leave. The yogatwellness leads/instructors never exceed 15-18 hours per week. In fact,it is usually always less.In total,we have the full time equivalent of 36 to 39 hours per week. The days Virginia teaches is when the part-time employee comes in so that the two can spend time together.Typically classes are in morning for an hour or two,or in evening for an hour or two-not during the day. • Breakdown on the square footage: 1, Size of the dwelling: the house is 4,137 square feet including the garage. 2. Size of the accessory buildings/size of the yoga studio;and, The yoga plank is 750 square feet(25 X 30) Regarding the yoga studio,I have referred to the final plans. The numbers are more precise than what I previously submitted. The total square footage is 2,168 for the ground floor and 2,020 for the second floor for a total of 4,188 square feet. o Square footage breakdown of area being utilized for home occupation uses within the primary accessory building. The tractor barn/bays on the ground floor are 1,088 square feet and my home office on the second floor is 200 square feet. Therefore,the yoga studio utilizes only 2,900 square feet. (4,188-1,088-200) Office uses: • More information on the second business that you run out of your property(Coldwater Group): The is no second business being run out of our property. Coldwater Group is the name of the group of companies that Virgnia and I own. Vicki Tree Yoga&Wellness Inc.is marketed as being part of the Coldwater Group. Also part of the Coldwater Group is Coldwater Corporate Finance Inc.which is an investment bank that provides merger and acquistion advisory services. I spend 99%of my time working in CCFI. CCFI has offices in Barrie and Toronto. All of my clients are in Toronto. I work from home on days that I do not need to travel to Toronto. I wanted a space to work from that is away from the house so that I would not be interupted by the kids. o Size of the space that you use for that business.None o Number of staff that work out of your property.None o Do you host meetings/events on site? o Do clients come to your property?i 1 Other: • It appears that space can be rented out for private group celebrations. What types of usesievents can the space be rented out for and what is the maximum number of people? We do not rent the space out. If a private group would like to hold an event at the studio,then we ensure that such event are centred around wellness. These are the events described above. Virginia will only take on events that include yoga classes,pilates,meditation, team building etc. As indicated to you in a previous email,we did host two weddings but it is not something we ✓ant to pur ue and agree not to host any more. • Are you selling any commodities? No. Sincerely. Catherine Development Services February 5, 2025 Report No. DS2025-018 Page 40 of 43 Page 176 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... Schedule 11: Email Correspondence with the Owners dated January 22, 2025 Brent I Catherine= Thank you for your continued assistance with this matter. Regarding the questions in your January 1 B,2025 email below,it appears that you are asking us to re-confirm that Vicki Tree Yoga &Wellness Inc.("Vick[Tree")meets the criteria of a Home Occupation. You state on page 4 of the Report that"it appears that the"use"of the applicable buildings has expended beyond the approvais provided by the Ontario Land Tribanat(formerlyLPAT) and additional infomratioopertainiogto the followingis rcgwred ire order forsteffto arrive at[a]recornmendation for Committee's consideration." The"use"authorized by LPATwas a Yoga and WelLness Studio-see page2,paragraph 1 of the Tribunal.'s decision. Webelievethat all of the activities c arrentlyconducted by Vicki Tree have always and continue to fall.underthe purview of a yoga and wellness studio. Regarding the"'scale"of our home occupation,our position is that the scale and scope of Vicki Tree have not changed sirrce it began operating in 2021. In Catherine's ernaitto us dated January7,2025,she indicates that`it appears that your business has grown beyond the criteria far a home occupation because we no longer comply with 5.12(g)"-shall not employ more than one employee who is not a resident of the"dwelling unit".". In other werds,the"scale"of the studio no longer complies with 5.12(g)because the studio'swebsite lists multiple instructors offering classes at Vicki Tree in any given week. Staff now interprets section s.l2(g)toinclude"contracted services". Catherine has confirmed to us on several occasions that"employee"is not defined in the ZBL. By takingthe viewthat the term`employee'includes independent contractors and 1 or contracted services",Staff has taken a very broad interpretation of the term"employee". We disagree with such interpretation. If the drafters of the ZBL intended such a broad interpretation of section 5.12(g),then every resident in Oro-Medontewho runs a home occupation and employs a single,full-time employee would be off-side section 5.12f 9)as soon as they signed a contra ct for snow removal.or cleaning services fqD r the home occupatio n. Surely, thedraftersdid not intend such interpretation. Moreover,most home occupation sin Oro-Med onto that run yoga and wellness studios that we have attended,are bringing in 3rd party instructors. It is standard practice in the yoga and wellness business. However,we agree that the spirit or intent of section 5.12{g)is to ensure that a homeoccupation remains srnaLLby limiting the number of employees. Staff would certainty agree dw sect ion 5.12(g)allDwsasingle,full-tirneernployee. Full.-time,as prescribed in the Employment Standards Act(Ontario)means 37.5 to 44 hours per week,or 40 hours a week on average, Nowhere in the ZBL does it state that such employee must be the same individual.and cannot change over the course of operations of the home occupation. We t h e refo r reci u est that th e Town confirmthatthe"employee"allowed under sect ion 5.12(0 need not he the same individual but can be different individuals so lonit as collectively they do not exceed 40 hours in a liven week. This would allow us to have more than one Individual fulfillthe"full-time equivalent"employee role that the ZBL allows. Moreover,the Town can easily ensure that the studio remains in compliance with the 40 hour limit simply by reviewing the class schedule on Vicki Tree'swebsite. In no case has the hours taught by the instructors(other than Virginia)exceeded 15 to 16 hours in a given week, well belowthe 40 h our"full-t i me equivalent". You will also note by+vi siting the webs ite that Virgnia is teaching the large majority of the classes in any given week. In respect of our request to conduct the home occupation in two accessory buildings,you will note that the Tribunal in the LPAT Decision upheld the rninorvariancesthat allowed the construction of an accessory buiLding of 4,400 square feet,over 4times larger than the 1,076 square feet that what was allowed in the ZBUOP. It was certainly implied in such decision that the scale of the home occupation be considerably larger than what was(and is)currently allowed. They upheld this decision,certainly recognizing that 5.12(e)of the ZBL allows a home occupation to be conducted in 10011k of a detached accessory building in an (A JRU)zone. Vicki Tree is only u sing approxi mately 70%of the 4,400 square feet.The remainder is used as a tractor barn,housing equipment needed to maintain our'managed forest"plan and designation.There is no risk of us expandingthe home occupation to use the entire ground floor as we simply do not need the space. Development Services February 5, 2025 Report No. DS2025-018 Page 41 of 43 Page 177 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... The yoga plank is 750 square feet_ It was purpose-built to accommodate the load of 15-20 people using the plank for wellness classes. The yoga plank was designed by an engineer and the building permits and other permittingwere obtained under the guidance of Staff. The yoga plank is only usable 4 to 5 months of the year,depending on the weather-so it was not be used year- round. We request that the Town confirm that Vicki Tree be allowed to use bath accessary buildings,a total of 3,830 square feet 009f; x 4,400)plus 750),which is still under the 4,400 square feet of the entire stadia to conduct our home occupation. Answers to the specific quwstoins posed by Catherine inhere email slated.oruary 16,2025 are below: 5.12 Horne Occupations 1. Our primary residence is the primary use of the lot. Vicki Tree is secondary. Please consult the LPAT decision.which had considered this question at the time of the appeal.Nothing has changed since. 2. The purpose of the minor variance is to allow Vicki Tree to operate on the Yoga Plank in addition to the Studio. 3. Virginia is the Founder and President of Vicki Tree who also runs Vicki Tree 4. natapplicable 5. While we are permitted to operate in 1 OD%of the Studio,we are only using 70%of 4,400(3,080)squarefeet.Approximately 1,320 square feet is a dedicated tractor barn.The LPAT approved an increase in the size of the accessory building from 1,076 square feet to 4,400 square feet. It is,therefore,implied in the tribunal's decision that the scale of our home occupation be considerably larger than what the zoning by-law ordinarily allows. The yoga plank is approximately750 square feet. When you add the space currently being used in the studio with the size of the yoga plank,we are still under the 4,400 square feet thatthe LPAT allowed.Therefore,we would not be increasingthe scale of the home occupation beyond what the LPAT authorized.This is easily verified and can be easily monitored by visiting Vicki Tree's class schedule on its website_ 6. natapplicable 7. In addition to our comments above,Virginia teaches the majority of classes and runs most"events"(we use the ward event to describe workshops,single day retreats and otherwellness activities-not parties or weddings or gatherings that serve alcohol as that is not in keeping with Vlcki Tree'svision). However,,some classes are taught by other wellness instruc- tors. This is how virtually all yoga and weUnessstudios operate. It is our position that we advised Staff of this both when we were seeking minor variancasin202012021 and when we were appealed. 8. does not 9. does not 10,does not 11.does not 4.11 Horne Occupations-Official Plan 1. a)VickiTree's operations are con ducted entirely within the Stud io.TraiI running and snowshoeingappear-on thewebsite but do not take place on the property.The m i nor varia nce isto allow Vicki Tree tooperate on the yoga plank in addition to the Studio. b) The LPAT decision opined on this very pointand even with the Yoga Plank being used faro-5 months out of the year notingthat summer months are slow for most yoga studios,we believe the home-occupation is secondary to the primary use of the property as a residence. c) not applicable d)none e)Vicki Tree has a dedicated parking lot that the Town approved. f) The sign was approved by the Town 2. Answered above 3. Not applicable Description of the business and types of services that have been offered: Please visit the website at www.vickitree.com. The website provides a list of the services that are currently provided and that have been provided in the past.We did have"Weddings" and"Celebrations of Life"that appeared as services in the past but Catherine requested in January 2025 that we removed them which we immediately did. For the record,we only ever conducted two weddings. One had 5 people,and the other had 16.They were both extremely small scale and in keeping with small,quiet operations at Vicki Tree. We have never had a celebration of life. There are no plans to expand the services beyond what is offered an the websitetoday. Staff has confirmed to us that they have never received a single complaint from anyone since Vicki Tree's operations began. Also, no one voiced any concerns during last week's development services committee. Development Services February 5, 2025 Report No. DS2025-018 Page 42 of 43 Page 178 of 179 Te) DS2025-018, Catherine McCarroll, Senior Planner re: Minor Variance ... The Studio was designed to accommodate the volume of classes being held today.The septicwas"overbuilt Staff can access our septic permit for more information. We also have a'porta potty"that is emptied once a month in the summer that would be used by individuals who use the yoga plank. Throughout this entire process(since 2020)we have alsways offered to meet with Staff and make ourselves available to promptly answer any q uestions of concerns. Please reach out if you have anyq u estions or concerns a nd uue vAl make ourselves avai[able. Sincerely, Raymond J.Gingras,JD Fowmler&presiderk Development Services February 5, 2025 Report No. DS2025-018 Page 43 of 43 Page 179 of 179