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05 07 2025 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda �.` Township of Electronic Hybrid Meeting Proved Heritnge, Exciting Future Wednesday, May 7, 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 is committed to providing an environment that is safe and secure, that respects human rights, is free from violence, discrimination, threats and harassment 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 Page 1 of 207 ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH- toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: 4. Approval of Minutes: 5 - 18 a) Minutes of Development Services Committee meeting held on Wednesday, March 5, 2025. 03 05 2025 Development Services Committee Minutes 5. Public Meetings: 19 - 43 a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Particulars and Public Access; Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro- Medonte; Part East 1/2 Lot 15 Concession 8 Part 1 51 R5854; Except Plan M101 & Part 1 51 R6159 (Medonte), 2024-SUB-02 & 2024-ZBA-20 (Robinson). Notice of Complete Application & PM 5a Presentation 44 - 57 b) 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, Plan 51 M1079 Block 23 (Oro), municipally known as 1937 Horseshoe Valley Road East, 2025-ZBA- 17 (2564150 Ontario Inc). Notice of Complete Application & PM 5b Presentation 58 - 66 c) 6:30 p.m. Notice of Receipt of a Complete Application; Notice of Particulars and Public Access; Notice of Public Meeting for Proposed Amendment to the Page 2 of 207 Zoning By-law of the Township of Oro-Medonte, Concession 12, Part Lot 21, Township of Oro-Medonte (formerly Oro), 2025-ZBA-21 (Hang Gao & Xu Han) [Refer to Item 7c) and Item 5b) 05 07 2025 Council Agenda]. Notice of Complete Application & PM 5c Presentation 6. Public Hearings: 67 - 92 a) 6:45 p.m. DS2025-037, Yubing Fan, Planner re: Minor Variance Application 2024-A-44 (Saagi), 217 Lakeshore Road West. DS2025-037 6a Presentation 93 - 127 b) 6:55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Special Projects re: Minor Variance Application 2024-A-05 (Blackall), 81 Parkside Drive. DS2025-022 6b Presentation 128 - 146 c) 7:05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2025-A-13 (Nicolle), 177 Medonte Sideroad 2. DS2025-040 6c Presentation 147 - 169 d) 7:15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2024-A-53 (Luchetta), 7 Trafalgar Drive. DS2025-047 6d Presentation 7. Reports of Municipal Officers: 170 - 186 a) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law Amendment Application 2024-ZBA-17 (Lucas), 560 Line 8 North [Refer to Item 5a) 05 07 2025 Council Agenda]. DS2025-020 187 - 198 b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consent Application 2024-B-14 (Partridge), 1307 Line 3 North. DS2025-046 199 - 206 c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning By- law Amendment Application 2025-ZBA-21 (Gao & Han) Concession 12, Part Lot 21 (Oro) [Refer to Item 5b) 05 07 2025 Council Agenda]. DS2025-049 207 d) Brent Spagnol, Director, Development Services, correspondence dated May 6, 2025 from Lorraine Denis-Smith, Partner, Oro Group Limited re: Request to Defer Development Charges Payment. Oro Group Limited - Request for Deferral of DCs Page 3 of 207 [Addenda] 8. Next Meeting Date: Wednesday, June 4, 2025. 9. Adjournment: a) Motion to Adjourn. Page 4 of 207 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, March 5, 2025 5:31 p.m. Present: Mayor Randy Greenlaw Deputy Mayor Peter Lavoie Councillor Lori Hutcheson Councillor John Bard _ Councillor David Clark Councillor Richard Schell Councillor Robert Young Staff Brent Spagnol, Director, Development Services; Andy Karaiskakis, Present: Manager, Planning Services; George Vadeboncoeur, Manager, Planning, Special Projects; Catherine McCarroll, Senior Planner; Brianna Belcourt, Policy & Special Projects Planner; Yubing Fan, Planner; Janette Teeter, Supervisor/Clerk's Services/Deputy Clerk; Ryan Hill, Information Technology Help Desk 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 Page 1 of 14 Page 5 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC250305-1 Moved by Bard, Seconded by Schell It is recommended that the agenda for the Development Services Committee meeting of Wednesday March 5, 2025 be received and approved, as amended, to revise Item 7d) title as follows: d) Brent Spagnol, Director, Development Services re: Fees and Charges Update — Building and Planning Divisions. Carried. 3. Disclosure of Pecuniary Interest: Councillor Hutcheson declared a conflict of interest on Item 6g) DS2025-025, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-16 (Walker, Walker, Walker & Butler), 343 Horseshoe Valley Road West. Councillor Hutcheson submitted the following: Potential Conflict - I am a part owner of common lands which abut the subject property. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, February 5, 2025. Motion No. DSC250305-2 Moved by Greenlaw, Seconded by Bard It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, February 5, 2025 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 14 Page 6 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. 6. Public Hearings: a) DS2025-021 , George Vadeboncoeur, Manager, Planning, Special Projects re: Minor Variance Application 2025-A-03 (Watford and Shackleton), 2208 Highway 11 South. 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 Jesse Watford and Alexis Shackleton. The following correspondence was received: Oro-Medonte Fire and Emergency Services dated February 19, 2025; Ministry of Transportation dated February 19, 2025; Township of Oro-Medonte, Building Division dated February 24, 2025. George Vadeboncoeur, Manager, Planning Special Projects, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Jesse Watford, 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. DSC250305-3 Moved by Hutcheson, Seconded by Young It is recommended 1 . That DS2025-021 , George Vadeboncoeur, Manager, Planning, Special Projects re: Minor Variance Application 2025-A-03 (Watford and Shackleton), 2208 Highway 11 South be received and adopted. 2. That Minor Variance Application 2025-A-03 (Watford and Shackleton) specifically to permit: • an accessory building to be set back 1 .3 metres (4.2 feet) from the interior property line • an accessory building with a maximum height of approximately 5.3 metres (17.5 feet), • a maximum lot coverage for all detached accessory buildings of 5.45% • an accessory building with a floor area of approximately 111 .4.sq.m. (1 ,200 sq.ft.), on lands known municipally as 2208 Highway 11 South, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-021 . 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 14 Page 7 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. b) DS2025-026, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2025-A-04 (Sharpe), 76 Ward Avenue. 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 Sandra Sharpe. The following correspondence was received: Oro-Medonte Fire and Emergency Services dated February 18, 2025; Township of Oro-Medonte, Operations Division dated February 19, 2025; Nottawasaga Valley Conservation Authority dated February 21 , 2025; Township of Oro-Medonte, Building Division dated February 24, 2025. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Bobbi Leppington, agent on behalf of applicant, was present. 1%�, 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. DSC250305-4 Moved by Clark, Seconded by Greenlaw It is recommended 1 . That DS2025-026, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2025-A-04 (Sharpe), 76 Ward Avenue be received and adopted. 2. That Minor Variance Application 2025-A-04 (Sharpe) specifically to construct a new single detached dwelling with a reduced setback from the average high water mark of Bass Lake of 13.85 metres (45.4 feet) and 14.25 metres (46.7 feet) to the dwelling and 12.7 metres (41 .6 feet) to the wood deck stairs, on lands municipally known as 76 Ward Avenue, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to address Building Staff comments contained in DS2025- 026. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 14 Page 8 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. c) DS2025-027, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2025-A-06 (Evans), 69 Lakeshore Road West. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Dave and Tanya Evans. The following correspondence was received: Oro-Medonte Fire and Emergency Services dated February 18, 2025; Township of Oro-Medonte, Building Division dated February 24, 2025. Andy Karaiskakis, Manager, Planning Services, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. David Evans, applicant, was present. Matt Pryce, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC250305-5 Moved by Schell, Seconded by Clark It is recommended 1 . That DS2025-027, Andy Karaiskakis, Manager, Planning Services re: Minor Variance Application 2025-A-06 (Evans), 69 Lakeshore Road West be received and adopted. 2. That Minor Variance Application 2025-A-06 (Evans) specifically to permit an increased total footprint of the boathouse and rooftop deck combined totaling 80.2 sq.m (864.0 sq.ft.), on lands municipally known as 69 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-027. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 5 of 14 Page 9 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. d) DS2025-030, Yubing Fan, Planner re: Minor Variance Application 2025-A-07 (Wicks & Brouillette), 1899 Ridge Road West. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Janet Wicks & Lory Brouillette. The following correspondence was received: Oro-Medonte Fire and Emergency Services dated February 18, 2025; Township of Oro-Medonte, Operations Division dated February 19, 2025; Lake Simcoe Region Conservation Authority dated February 20, 2025; Township of Oro-Medonte, Building Division dated February 24, 2025. Yubing Fan, Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Justin Sherry, agent on behalf of applicant, was present. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Motion No. DSC250305-6 Moved by Young, Seconded by Hutcheson It is recommended 1 . That DS2025-030, Yubing Fan, Planner re: Minor Variance Application 2025-A-07 (Wicks & Brouillette), 1899 Ridge Road West be received and adopted. 2. That Minor Variance Application 2025-A-07, specifically for permission to construct a boathouse with an increased height of 8.7 metres (28.5 feet) above the elevation of the Average High Water Mark of Lake Simcoe on lands municipally known as 1899 Ridge Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-030. 3. That the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 6 of 14 Page 10 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. e) DS2025-024, Catherine McCarroll, Senior Planner re: Consent Applications 2025-B- 01 , 2025-B-02 and 2025-B-03 and Minor Variance Application 2025-A-08 (Beatty & Beech), 3324 Line 4 North, 4346-010-002-30033 & 4346-010-002-30032. 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 Brian Beatty & Paula Beech. The following correspondence was received: Township of Oro-Medonte, Fire and Emergency Services dated February 19, 2025; Township of Oro-Medonte, Building Division dated February 24, 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 hearing. There being no further comments or questions, the hearing adjourned. Page 7 of 14 Page 11 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. Motion No. DSC250305-7 Moved by Greenlaw, Seconded by Young It is recommended 1 . That DS2025-024, Catherine McCarroll, Senior Planner re: Consent Applications 2025-B-01 , 2025-B-02 and 2025-B-03 and Minor Variance Application 2025-A-08 (Beatty & Beech), 3324 Line 4 North, 4346-010-002-30033 & 4346-010-002-30032 be received and adopted. 2. That Consent Application 2025-B-01 (Beatty & Beech), to permit a boundary adjustment having a lot frontage of approximately 10.84 metres (35.6 feet), an irregular lot depth and a total area of approximately 0.15 hectares (0.35 acres) to be added to the property located at Concession 5 Part Lot 1 Part Road Allowance Reference Plan 51 R44465 Part 1 (Oro), Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-024. 3. That Consent Application 2025-B-02 (Beatty & Beech), to permit a boundary adjustment having a lot frontage of approximately 9.45 metres (31 .0 feet), an irregular lot depth and a total area of approximately 0.05 hectares (0.13 acres) to be added to the property located at 3324 Line 4 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-024. 4. That Consent Application 2025-B-03 (Beatty & Beech), to permit a boundary adjustment having a lot frontage of approximately 0.0 metres (0.0 feet), an irregular lot depth and a total area of approximately 0.001 hectares (0.003 acres) to be added to the property located at 3324 Line 4 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-024. 5. That Minor Variance Application 2025-A-08 (Beatty & Beech), specifically to permit a minimum lot area of 0.5 hectares (1 .2 acres) and a minimum lot frontage of 53.29 metres (174.8 feet) for 4346-010-002-30032, and permit a minimum lot area of 1 .3 hectares (3.3 acres) and a minimum lot frontage of 9.45 metres (31 .0 feet) for 3324 Line 4 North, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2025-024. 6. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 14 Page 12 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. f) DS2025-032, Brent Spagnol, Director, Development Services re: Minor Variance Application 2025-A-11 , Heritage Estates Events Inc., 421 Penetanguishene Road. Deputy Mayor Lavoie called the hearing to order and explained the public hearing is being held in accordance with the provisions of the Planning Act to obtain public comments with respect to the proposed application by Heritage Estate Events Inc. (Walter Vaz). The following correspondence was received: Township of Oro-Medonte, Building Division dated February 24, 2025; Nottawasaga Valley Conservation Authority dated February 25, 2025; Laurie Ann Lowe and Family dated February 28, 2025; Craig Flegel dated March 1, 2025; Township of Oro-Medonte Fire and Emergency Services dated March 3, 2025; Jeff Freeland dated March 3, 2025; Ian Lackie dated March 3, 2025; Ruth Howorth dated March 3, 2025; Ted Redman dated March 3, 2025; Garnet Chappell dated March 3, 20251 Jerry Young received March 4 and 5, 2025. Craig Mathieson, agent on behalf of applicant, was present. A PowerPoint presentation was presented. Walter Vaz, applicant, was present. Sheeba Paul, Chris Barnett, Isaac Drookman, on behalf of the applicant were present. The following provided verbal comments: Jerry Young provided opposition comments regarding noise and dust, provided noise comments from page 5 of slide deck, provided references to the by-law and enforcement, measurements of road, and types of material used, references to slides 9, 10, 11 including pictures of south bound view of abutting property owners and comments regarding number of guests attending events. Craig Flegel provided opposition comments regarding how the building is being built, the volume of ambient noise after 11 :00 p.m. and the burden of proof. Peter McCarther provided opposition comments regarding noise, does not have an issue with the premise of a business at the location, however, noise by-law wording, scope of minor variance and temporary minor variance definitions, traffic and potential accidents. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 9 of 14 Page 13 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. Motion No. DSC250305-8 Moved by Greenlaw, Seconded by Young It is recommended that Minor Variance Application 2025-A-11 , Heritage Estates Events Inc., 421 Penetanguishene Road be deferred to allow for a draft Development Agreement to be brought back to a future meeting. Defeated. Motion No. DSC250305-9 Moved by Hutcheson, Seconded by Clark JA�*� It is recommended 1 . That DS2025-032, Brent Spagnol, Director, Development Services re: Minor Variance Application 2025-A-11 , Heritage Estates Events Inc., 421 Penetanguishene Road be received and adopted. 2. That Minor Variance Application 2025-A-11 by Heritage Estates Events Inc. specifically to permit event functions within existing structures and on an existing concrete pad on a temporary basis on lands municipally known as 421 Penetanguishene Road, Township of Oro-Medonte, be approved subject to conditions as outlined in DS2025-032. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 14 Page 14 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. g) DS2025-025, Catherine McCarroll, Senior Planner re: Consent Application 2024-13- 16 (Walker, Walker, Walker & Butler), 343 Horseshoe Valley Road West. Councillor Hutcheson declared a conflict of interest on Item 6g) DS2025-025, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-16 (Walker, Walker, Walker & Butler), 343 Horseshoe Valley Road West. Councillor Hutcheson submitted the following: Potential Conflict - I am a part owner of common lands which abut the subject property. Councillor Hutcheson was not present during the discussion or vote on the item. 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 Anne, Ian, and Neil Walker and Janice Butler. The following correspondence was received: Township of Oro-Medonte, Operations Division dated February 19, 2025; Enbridge Gas dated February 20, 2025; David and Evelyn Pollock dated February 23, 2025; Township of Oro-Medonte, Building Division dated February 24, 2025; Linda and David Myles dated February 25, 2025; Hydro One dated February 28, 2025; County of Simcoe, Planning Department dated February 28, 2025. Catherine McCarroll, Senior Planner, explained the purpose and effect of the proposed application. A PowerPoint presentation was presented. Anne Walker, Janice Butler, Neil Walker, and Ian Walker co-applicants, were present. A PowerPoint presentation was presented. Staff confirmed that no additional public registrations were received and no verbal comments were received from the public. Staff confirmed that no additional correspondence from the public were received during this hearing. There being no further comments or questions, the hearing adjourned. Page 11 of 14 Page 15 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. Motion No. DSC250305-10 Moved by Bard, Seconded by Schell It is recommended 1 . That DS2025-025, Catherine McCarroll, Senior Planner re: Consent Application 2024-B-16 (Walker, Walker, Walker & Butler), 343 Horseshoe Valley Road West be received and adopted. 2. That Consent Application 2024-B-16 (Walker, Walker, Walker & Butler), to create an agricultural lot on the lands, consisting of a severed parcel having an area of approximately 70.3 hectares (173.7 acres) and a frontage of approximately 618.0 metres (2,027.6 feet) on Horseshoe Valley Road West and a retained parcel having a lot area of approximately 10.0 hectares (24.7 acres) and a frontage of approximately 700.0 metres (2,296.6 feet), be deferred to provide the applicants with the opportunity to address Planning Staff's comments. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature Carried. 7. Reports of Municipal Officers: a) DS2025-012, Catherine McCarroll, Senior Planner re: Consent Application 2023-B-20 (Devitt-Johannessen) 4662 Line 6 North. Motion No. DSC250305-11 Moved by Schell, Seconded by Hutcheson It is recommended 1 . That DS2025-012, Catherine McCarroll, Senior Planner re: Consent Application 2023-B-20 (Devitt-Johannessen) 4662 Line 6 North be received and adopted. 2. That Consent Application 2023-B-20 (Devitt-Johannessen) to permit a technical severance, consisting of a severed parcel having an area of approximately 20.2 hectares (49.9 acres) and a frontage of approximately 308.0 metres (1 ,010.5 feet) on Line 5 North, and a retained parcel having a lot area of approximately 25.9 hectares (64.0 acres) and a frontage of approximately 126.0 metres (413.4 feet) on Line 6 North, be approved subject to the conditions as outlined in DS2025-012. 3. That the applicant be advised of Development Services Committee's decision under the Secretary Treasurer's signature. Carried. The Committee consented to allow the applicants to provide additional comments. Page 12 of 14 Page 16 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. b) DS2025-028, Brianna Belcourt, Policy & Special Projects Planner re: Line 6 North Deviation — Road Renaming & Readdressing. Motion No. DSC250305-12 Moved by Clark, Seconded by Greenlaw It is recommended 1 . That DS2025-028, Brianna Belcourt, Policy & Special Projects Planner re: Line 6 North Deviation — Road Renaming & Readdressing be received and adopted. 2. That the proposed road name "Warners Mill Lane" be accepted. 3. That staff bring forth the applicable draft By-law for Council's consideration. Carried. c) DS2025-033, Brent Spagnol, Director, Development Services re: Removal of Holding Provision, Application No. 2025-ZBA-18 (Freskiw), 10793 Highway 12 [Refer to Item 5a) 03 05 2025 Council Agenda]. Motion No. DSC250305-13 Moved by Young, Seconded by Bard It is recommended 1 . That DS2025-033, Brent Spagnol, Director, Development Services re: Removal of Holding Provision, Application No. 2025-ZBA-18 (Freskiw), 10793 Highway 12 be received and adopted. 2. That Zoning By-law Amendment Application 2025-ZBA-18 (Freskiw) specifically to permit the removal of the Holding Provision applying to the lands municipally known as 10793 Highway 12 be approved. 3. That staff bring forth the applicable draft By-law for Council's consideration. 4. That the applicant be advised of the decision under the Director, Development Services' signature. Carried. Page 13 of 14 Page 17 of 207 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, March 5, 2025. d) Brent Spagnol, Director, Development Services re: Fees and Charges Update — Building and Planning Divisions. Motion No. DSC250305-14 Moved by Hutcheson, Seconded by Young It is recommended that the verbal information provided by Brent Spagnol, Director, Development Services, re: Fees and Charges Update — Building and Planning Divisions be received. Carried. 8. Next Meeting Date: April 2, 2025. . 9. Adjournment: a) Motion to Adjourn. Motion No. DSC250305-15 Moved by Bard, Seconded by Clark It is recommended that we do now adjourn at 9:07 p.m. Carried. Chair, Deputy Mayor, Peter Lavoie Secretary-Treasurer, Andy Karaiskakis Page 14 of 14 Page 18 of 207 5.a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Par... T f 1�� Notice of Receipt of Complete Applications Notice of Particulars and Public Access 0 Notice of Public Meeting for a Proposed Draft Plan of Subdivision and Amendment to the Zoning By-law of the Township of Oro-Medonte 2024-SUB-02 8,2024-ZBA-20 (Robinson) 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 applications to be"Complete Applications"pursuant to the Planning Act on the 6th day of December, 2024. Take notice that the Development Services Committee of the Township of Oro-Medonte will hold a Public Meeting on May 7, 2025 at 5:30 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Draft Plan of Subdivision and Amendment to the Zoning By-law. The subject lands are described as Part East 1/2 Lot 15 Concession 8 Part 1 51 R5854; Except Plan M 101 & Part 1 51 R6159 (Medonte). A key map illustrating the location of the subject lands and a copy of the applicants Draft Plan of Subdivision are included with this notice. The purpose of Application 2024-SUB-02 is to consider a proposal for a Draft Plan of Subdivision comprised of 68 single detached residential lots. The proposed Zoning By-law Amendment would amend Zoning By-law No. 97-95, as amended, by rezoning the subject lands from the Agricultural/Rural (A/RU), Agricultural/Rural Exception 15 (A/RU*15)and Environmental Protection (EP)zones to Residential One Zones with site specific provisions, Open Space (OS)zone and Environmental Protection (EP)zone. This zoning would facilitate the proposed Draft Plan of Subdivision for the 68 new residential lots. Any person may attend the public meeting and/or make written or verbal representation either in support of, or in opposition to, the proposed Zoning By-law Amendment and/or the proposed Draft Plan of Subdivision. Written comments by any person unable to attend the meeting should be mailed/faxed/e-mailed to the Director, Development Services, The Corporation of the Township of Oro-Medonte to be received no later than 12:00 p.m. noon on May 7, 2025. Please ensure that you include your name and address so that you may be contacted if necessary. Zoninq By-law Amendment 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. Plan of Subdivision Only the applicant, a public body, a specified person or the Minister may appeal decisions in respect of a proposed plan of subdivision to the Ontario Land Tribunal.A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. Page 19 of 207 5.a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Par... No person or public body shall be added as a party to the hearing of the appeal of the decision of the approval authority, including the lapsing provisions or the conditions, unless the person or public body, before the decision of the approval authority, made oral submissions at a public meeting or written submissions to the council, or made a written request to be notified of changes to the conditions or, in the Ontario Land Tribunal's opinion,there are reasonable grounds to add the person or public body as a party. Notwithstanding the above, subsection 51(39)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. The applications are part of the public record and are available to the public for viewing/inspection between 8:30 a.m. and 4:30 p.m.at the Township of Oro-Medonte Administration Building and available on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the applications or to arrange to inspect the applications should contact the Planning Division at 705-487-2171. 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 you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment and/or of the proposed Draft Plan of Subdivision, you must make a written request. Written submissions should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagonol, Director, Development Services plan ning(o)oro-medonte.ca Dated at the Township of Oro-Medonte this 9th day of April, 2025. Location Map Mioonstone-kd i9 s I Reias`Ridge — Y Duncan Dr.. v w sach1Y Agnes_St. V Ille�iew0� _ ®Subject Lands Page 20 of 207 5.a) 5:30 p.m. Notice of Receipt of Complete Applications; Notice of Par... Applicant's Draft Plan of Subdivision Pf i r ii I � a3 € � � �iFS e � J. tH ( o i° a [tip 1 � f I CST 03e00.a I LJ r r .I �—_.__ �J � R❑ I i � rf Is I Ia o l -` I � �• _ice_ _ c:,� I '3M1YA7N:1'l�9 '� 7tl11N3QJ'3N /L mow._ _ •'-,-`-_ J .r. � AMMD MOB .. Imo`� � y\ i d S. ��'2•. Page 21 of 207 5.a) 5.30 p.m. Notice of Receipt of Complete Applications; Notice of Par... 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N 8 3NI1 o- V � r 3Coc , UA Q I o s r _ I o ? ; �- W, r 1fr 919iY1f � r , C ` �'�� as � , .•a �����- � t — a � • r t' , Q � � •/i to ` r��.a-. mil]` - ie f 3AV A1HOV13 S3N0 wloB Page 43 of 207 5.b) 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 of laved I/niiMr.F,+dtlwt F.....,. the Township of Oro-Medonte 2025-ZBA-17 (2564150 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 5th day of February, 2025. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on May 7, 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 Plan 51 M1079 Block 23 (Oro), municipally known as 1937 Horseshoe Valley Road East. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is for a Temporary Use By-law to permit Johnston's Fry Shack for a period of up to three (3) years. 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/plan nine-information. Written submissions can be made by: 1. Emailed to planning(cDoro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(a)_oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 44 of 207 5.b) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a specified person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Township of Oro-Medonte to the Ontario Land Tribunal but the specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the by-law is passed, the specified person or public body is not entitled to appeal the decision. If a specified person or public body does not make oral submissions at a public meeting, or make written submissions to The Corporation of the Township of Oro-Medonte before the by-law is passed, the specified person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Notwithstanding the above, subsection 34(19)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services planning(a-)oro-medonte.ca Dated at the Township of Oro-Medonte this 9t"day of April, 2025. Location Map Price Dr. 0 rn c_ Lo LL Lakeview Dr. c r ElL W Horseshoe Valley Rd.E. Division Rd.W. I d a W - Hawley Rd. ®SuhJect Lands —� Page 45 of 207 5.b) 6:00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Site Plan ■ z xVvw,0r1 ---------IMP IV dt �aii II � I wares I I I xeo.aa�,an+cn I � I wags � F \ i jIjL � w�r• $ 4\ � \1 5 �t\ti w J r LLI wL6R � 5\ Y N \4 \ a 1 V k 33 Page 46 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... y Z M 0 C M CU .0 p CL C .0 a C .� in a) N 0 E C) CO +� o N IL Page 47 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... W aj W Q � N ry i a� E o N Q o E L N z Ij > O Lr) O N � J U L/, ::D � O O V) N 3 z � � �� N U O u J p LJO •- w- 4� N (J L > /VIJI - D •— CD N cn -C (1) 4-0 _ to N O U CL �L O w O 0 Page 48 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... s E N Ln oho o M u M . . M a � � i H H V Ad AIR- Y - u Page 49 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... r6 � � O E �L aj O Off U v W U V C C: r6 ru 4-J 4-J _N N 0 C: C: >r E E O O O O L_n N �F V , .03 ( ' 4kR - 4_1_ lux ` - ix Page 50 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... L ai E C: E o a u _ru a) a� V) v Of Cr 11 4 � 6 � � O � .0 z �fl E dfl� U a a L � v O •� O u � O O N cu OAS c� f Cu a a cn we L __- V ti Q O •� Page 51 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of PaQj ... bOA ° O O E O (0 +- O >N 1- Ln LL v -I�e � ° u 4-1 ) 4 E � D- ° ° >, � }, L.. [Yl C/1 E Q� O O '� a) ro N '� N O O aj F O Lu� >, 0:� O cn Ik # N L 5k 7~ � ❑ yk �ry 4k lu ly Q Ik 54 k4 xl ry, Lk 1• 4 4' •� bA 4 yAti �� 41 kt L' r 5� x yl _ y5 y s O l{:r N .r Page 52 of 207 5.b) 6:20 p.m. Notice of Receipt of a CompleteAWication; Notice of Pa... � 0 bLO N u to � _ i 00 b�0 O � n O i O L- E Q � O N N Ln 4- M N M -+ a) . . L.- ru ---+ M � a) r L M M QJ O O _0 N O Cn Q � r6 E - cu N N N L r O 6bA ) O Q6 v -- — v1 ++a a- ` -0 a--+ r6 tD O Q _ a-1 N W Q O i � a) -- - r6 Q ru N a) in t h " 'r . t - i 1 ,. ' I s ' ' ' L s9 1 L v r Page 53 of 207 5.b) 6,00 p.m. NoticeV Rec pipe. a Co, plete Application- Notice of Pa... i r4 •X .W �,,, 4 4r, - • i 1 r I F �� 5I 1� - 1 � Nf �` ? in I f Npf V1 L 1 L � - M1L T Page 54 of 207 5.b) • / / • • _ of Receipt of I Complete Application; Notice of ■ -MAW Aw AMW MOSEff k � 4 i • � i - 44. r r .Y . 1� Page of 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... 4-j U br0 � Ln E O 00 ca C L o > J OG J — >� 3 ru u -— 4- + � � u a--+ J L.. O ate-+ �) U) I-Z m Z U) Page 56 of 207 5.b) 6,00 p.m. Notice of Receipt of a Complete Application; Notice of Pa... O � O � ate-J un _rZ a--+ 4-, a--+ u r6 ru O � 4ru O ro � u O � � >' ca � O 4-J (I) L (a � O > c6 cn Q- -b i0 � O v 4J O _0 O O u O M +-+ un ",z ", O Ln un b.►0 -a) E Ln � � "� C.O O O 0 +� O to Ln c6 c6 (L) N to r- -> cn L L O O O c6 c6 O Q- -� O _E O U) > O • • • • u Page 57 of 207 5.c) 6:30 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 2025-ZBA-21 (Hang Gao 8/Xu Han) Meetings are held in a hybrid format which permits in-person attendance or remote electronic participation. The Township will continue to livestream Public Meetings over the internet for public viewing and participation. Protocols have been established to advise how to electronically participate at public meetings. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 9th day of April, 2025. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold an electronic hybrid Public Meeting on May 7, 2025 at 6:30 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, Part Lot 21, Township of Oro- Medonte (formerly Oro). A key map illustrating the location of the subject lands is included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone a portion of the subject lands from the Agricultural/Rural Exception (A/RU*15)Zone to the Residential One (R1)Zone. This application is to fulfill a condition of Consent Applications 2024-B-18, 2024-B-19 and 2024-B-20 that were conditionally approved on December 4, 2024 for the purpose of creating three (3) new residential lots fronting onto Ridge Road East. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/plan ning-information. Written submissions can be made by: 1. Emailed to planninq(&oro-medonte.ca prior to or during the Public Meeting; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. You can watch a live stream of the meeting on the Township's YouTube Channel (this link will not allow you to speak during the meeting). Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or plan ning(u)_oro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. Page 58 of 207 5.c) 6:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... If a specified person or public body would otherwise have an ability to appeal the decision of Council for The Corporation of the Township of Oro-Medonte to the Ontario Land Tribunal but the specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro-Medonte before the proposed by-law is passed,the specified person or public body is not entitled to appeal the decision. If a specified person or public body does not make oral submissions at a public meeting or make written submissions to The Corporation of the Township of Oro- Medonte before the proposed by-law is passed, the specified person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the specified person or public body as a party. Notwithstanding the above, subsection 34(19)of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Brent Spagnol, Director, Development Services planning(cDoro-medonte.ca Dated at the Township of Oro-Medonte this 10th day of April, 2025. Location Map T]J LI — 1 ®Subject Lands -- / Page 59 of 207 5.c) 6:30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Applicant's Zoning Sketch // 9 Retained Land 38.46 Ha Roll: 434601001043200 LOT#3 LANDS TO BE REZONED FROM AGRICULTURAL/RURAL EXCEPTION 15 LOT#2 (A/RU*15)TO RESIDENTIAL ONE(111) ZONE LOT#1 Page 60 of 207 5.c plication; Notice of Pa... R w r o x fi � 06 auil Q O r N N Q Q o m J N CO N °C i LO N a a _ O C ca O_ _ CO � •tn O N i N v O • • c� .- v i J Page 61 of 207 5.c) 6.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... �j rZ Cu - 5r YJ I S 0 Co f U °d a� O ) C CL 4-1 Q Q U O N — 0 O X U O (6 O O LJJ t6 O N — ca N o , = oo ° c� D LO C: :3 a) O N � N °Q M 0 cn o � o O U - r N O M O � = O � O M O W N O Qa) 'V M N CO N N Q .0 O MO 0 N � N N 0 � ~ E cn Q � a N O N U O � O Cn N Cn N � t6 O i 0 a Q N U M o 0 o Page 62 of 207 5.c) 6.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... Q Cu Co U O U _ � o M T 9 i C A J 0� N �y M V le w O O N O v a ca N LO m O s � N Cn O N 0 N M t� M CL Q Page 63 of 207 5.c) 6.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... N k ■sNfy w o S .a 4-+ x Ii rz','�m its �e aS, -4 �h�'. Fw� R x ti. �xW= � � k �>eCf � � ■� O � � Cu AA 06 N � Q Q COLO N o CM N O O O N •°' Page 64 of 207 5.c) 6.3 ' . Complete Application; Notice of Pa... r �I }+ r CO Q17 °6 � p o N N Q � CO N � N � � o �r Page 65 of 207 5.c) 6.30 p.m. Notice of Receipt of a Complete Application; Notice of Pa... E O � c (n +� (D 0 O X O 0 }, a) � U U (� C: U �\ E o Q � w Q N O -� Q N a� C: (D o ° N �p •� Q > OCz DLO m p E o •� Q � N (n � � N .- C: O .� U o N }' cn O `0 O O 2N O '� E 3 U C Q O E O O p U N }, O ._ (n O Q O Page 66 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... �J Township of Staff Report Proud HeritnQe, Exciting Future To: Development Services Committee From: Yubing Fan, Planner Meeting Date: May 7, 2025 Report No.: DS2025-037 Subject: Minor Variance Application 2024-A-44 (Saagi), 217 Lakeshore Road West Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-037 be received and adopted. 2. That Minor Variance Application 2024-A-44, specifically for permission to legalize three detached accessory buildings (sheds) with a reduced setback of 1.1 metres (3.6 feet) from the interior side lot line on lands municipally known as 217 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2025-037. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 d), the proposed detached accessory buildings shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory buildings be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P. Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the buildings and verifying in writing by way of survey/real property report, prior to foundation inspection, that the buildings are located no closer than 1.1 metres (3.6 feet) from the interior side lot line; Development Services May 7, 2025 Report No. DS2025-037 Page 1 of 15 Page 67 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... d) That the Applicants pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule. The applicable fee for Minor Variance (Minor— planner review only) is $536; e) That the owners enter into a Development Agreement with the Township to ensure that the three detached accessory buildings are not used for human habitation or for a home industry; and, f) That the appropriate Zoning Certificates and Building Permits be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to provide information and a staff recommendation to Development Services Committee regarding Minor Variance application 2024-A-44, which is intended to provide relief from the comprehensive Zoning 4 y° By-Law to legalize three existing � LakeshM6 .. �s detached accessory buildings (sheds) that would reduce the minimum interior side setback requirement of the Zoning t By-Law. A The subject property has a lot area of 0.6 hectares (1.5 acres), according to MPAC records, and contains a single detached dwelling, a boathouse, and five detached accessory buildings, of which three are subject to this application. The location map is included as Schedule 1 to this report. Minor Variance Application Proposal The applicants are proposing to legalize three sheds that were built without applicable permits. The subject property is zoned `Shoreline Residential (SR)' in the Township's Zoning By-law 97-95, as amended. The applicants are seeking relief to the following section of Zoning By-law 97-95, as amended: Section 5.1.3 d) — Setback from the Interior Side Lot Line Required: Proposed: 2.0 metres (6.5 feet) 1.1 metres (3.6 feet) Development Services May 7, 2025 Report No. DS2025-037 Page 2 of 15 Page 68 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... The applicants' site plan, elevation drawings, and floor plans 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 have reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The property is designated `Rural' in Simcoe County's Official Plan and designated `Shoreline' in the Township's Official Plan. Both designations permit single detached dwellings and by extension accessory uses on existing lots, such as sheds for storage purposes. 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 March 26, 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 variance conforms to the general intent and purpose of the Official Plan as accessory buildings are permitted within the Development Services May 7, 2025 Report No. DS2025-037 Page 3 of 15 Page 69 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... applicable designations and there are not any regulatory or environmental issues associated with the existing accessory buildings. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) in the Township's Zoning By- law 97-95, as amended. According to the Township's Zoning By-law, detached accessory structures are permitted pursuant to Section 5.1. The applicants have requested relief from the Zoning By-law to legalize three existing detached accessory buildings (sheds) with a reduced setback of 1.1 metres (3.6 feet) from the interior side lot line. The Zoning By-law's requirement for a minimum interior side yard setback of 2.0 metres (6.5 feet) is intended to provide spatial separation between residential properties, as well as provide access and maintenance around buildings and structures. The applicants are proposing an interior side yard of 1.1 metres (3.6 feet), which, in Planning Staff's opinion, is adequate space for maintenance and access around the three sheds 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 sheds and the dwelling, should they need to bring in any large machinery to the rear yard. Furthermore, the three sheds are built on piers and have individual ground floor area of approximately 9.6 square metres (103.3 square feet), therefore, an Engineered Lot Grading Plan will not be required during the Building Permit review process as the three sheds are not anticipated to bring additional drainage to the neighbouring property. Additionally, the three buildings are designed as bunkies for human habitation and were used for human habitation during the summer of 2024, as confirmed by the owners. Even though the owners intend to use three accessory buildings as storage space (sheds) only for now and in the future, Planning Staff are recommending that, as a condition of approval of the minor variance, the property owners enter into a Development Agreement with the Township to ensure that the three accessory buildings are not used for human habitation or for a home industry (included as condition e)). Based on the above, Planning Staff are satisfied that, with the inclusion of a condition prohibiting human habitation within three accessory buildings, the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Planning Staff considered the proposed application within the context of the surrounding properties and the established character and built form of the neighbourhood. Upon site visit, Planning Staff noted that there are matured cedar hedges along the front property line and east interior side lot line, which fully screen the subject property from the road, and three accessory buildings are not visible from the road (see Schedule 5: View Looking from Lakeshore Road West). Additionally, detached accessory structures for Development Services May 7, 2025 Report No. DS2025-037 Page 4 of 15 Page 70 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... storage purposes (sheds) are common within surrounding residential properties in the shoreline area. In Planning Staff's opinion, the existing detached accessory buildings do not stand out, look out of place or detract from the character of the area. Staff do not anticipate any negative impacts on abutting properties as staff are unaware of any issues related to the existing non-complying setbacks; therefore, the proposed variance is considered desirable development of the lot. Is the variance minor? The question of the minor nature of variance generally relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the existing detached accessory buildings have not had any adverse impacts on the character and appearance of the shoreline residential neighbourhood. As the proposed variance is considered to conform to the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • 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. Development Services May 7, 2025 Report No. DS2025-037 Page 5 of 15 Page 71 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... As of the preparation of this report, the following comments have been received: Township Development Engineering — No comments Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Elevation Drawings Schedule 4: Floor Plans Schedule 5: View of the Subject Land from Lakeshore Road West Schedule 6: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated March 26, 2025 Conclusion Planning Staff recommend that Minor Variance Application 2024-A-44 be approved, specifically for permission to legalize three detached accessory buildings (sheds) with a reduced setback of 1.1 metres (3.6 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. Respectfully submitted, Yubing Fan, Planner March 26, 2025 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services March 26, 2025 Brent Spagnol, RPP, Director, Development Services March 27, 2025 Development Services May 7, 2025 Report No. DS2025-037 Page 6 of 15 Page 72 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 1: Location Map 1075 166 owwi.a as w•.w.c 1073 1074 „peE_ 194 174 198 196 192 C. 179 J 181 I250 I187 183 248 220 216 252 240 238 234 224 shove �. 199 197 �191 �— tLake_ Ra' y4� 42 ; S ',247 249 243/ I Ica } 235 233 229 2 223 217 } } 209 U� 3 219 211 Kempenfelt Lake Bay Simcoe Location ® Subject Lands Tou�nsli ffetAwt(' Proud Heritage,Exciting 1,�,,,,. 0 100 m File Number:2024-A-44 ti Development Services May 7, 2025 Report No. DS2025-037 Page 7 of 15 Page 73 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 2: Applicant's Site Plan m>„ro Structures that are w..=., subject to this application I � b IS:m �„a..nr acxeea c.wes+as-cm,att s�.en.,¢n+ate nxmu.wme. us • ups k'.sr.. Applicant's Site Plan oil Touwloipof Proud Heritage,Exciting Future File Number:2024-A-44 Development Services May 7, 2025 Report No. DS2025-037 Page 8 of 15 Page 74 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 3: Elevation Drawings Front Elevation a: io rr rr I m I 1 I f I. .i i- I i _ I — M1y ,az;y i .4ew - PMWI 4 Elevation Drawings -4010" L Proud Heritage,Fxritieq F,durr, File Number:2024-A-44 Development Services May 7, 2025 Report No. DS2025-037 Page 9 of 15 Page 75 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 4: Floor Plans 10feet Main floor(ground level)=300 square feet m d 0 12feet Loft total area=120 square feet Area of loft where ceiling height is 1.8m or above=36"x 12 ft=36 square feet 0 Floor Plans Prowl Hrrirgtr,H:xritint,burin File Number:2024-A44 Development Services May 7, 2025 Report No. DS2025-037 Page 10 of 15 Page 76 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... Schedule 5: View of the Subject Lands from Lakeshore Road West t flt i U. 7 >, - *N� ;Y�� .'Sr'ia View of the Subject Lands from Lakeshore Road West 1�,t,rt,�rpr�y Proud Heritage,lixritieq Futurr, File Number:2024-A-44 Development Services May 7, 2025 Report No. DS2025-037 Page 11 of 15 Page 77 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... Schedule 6: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated March 26, 2025 Lake Simcoe Region conservation authority www.LSRCA.on.ca Sent via e-mail:planning a0oro-medonte.ca March 26, 2025 Municipal File No.: 2024-A-44 LSRCA File No.:VA-132625-031725 Andy Karaiskakis Manager of Planning,Secretary-Treasurer Committee of Adjustment 148 Line 7 South Township of Oro-Medonte, LOL 2EO Dear Andy, Re: Application for Minor Variance 217 Lakeshore Road West Township of Oro-Medonte Owner: Marju Saagi,Tomas Saagi,&Leo Saagi 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 legalize three (3) accessory structures that were previously built without permit on the subject property. The Applicant/Owner is seeking relief from the following section of the Township of Oro- Medonte Comprehensive Zoning By-law 97-9S,as amended: • Relief from Section 5.1.3(d)of the By-law which requires a minimum interior side yard setback of 2 metres where the applicant is requesting a reduction to 1.1 metres. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Notice of Public Meeting(dated March 17, 2025) • Loft Floor Plans(n.d) • Site Pan Drawing(n.d.) • 'Bunkie'elevation drawings prepared by Bunkie Life(n.d.) • Survey prepared by MacDonald Surveying(dated September 25,2006) Development Services May 7, 2025 Report No. DS2025-037 Page 12 of 15 Page 78 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... Lake Simcoe Region consewation authority Page 2 of 4 Staff have reviewed this application as per our delegated responsibility from the Province of Ontario to represent provincial interests regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement(PPS, 2024)and as a regulatory authority under Ontario Regulation 41/24 of the Conservation Authorities Act. LSRCA has also provided comments as per our Memorandum of Understanding (MOU) with the Township of Oro-Medonte. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Sirncoe 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 6,243 square metres(0.62 hectares) in lot area and is located south of Lakeshore Road West and west of Line 6 South within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is within the 'Shoreline Residential Zone' (SR) as per Schedule 'A4' 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 Shoreline erosion and flood hazards. Please see a detailed regulatory map below. • The subject property is located within a completed watershed or sub-watershed study area—Oro Creeks Subwatershed Plan, Development Services May 7, 2025 Report No. DS2025-037 Page 13 of 15 Page 79 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... a e b1MCOe Kegion conservation authority Page 3 of 4 Lake SM.."Ion 217 Lakeshore Road West,ReyuaRbn Mapping Fe"aw mroernto-aJ.'cnh C»e scem•a-P...... Q ►.—I.—I Lb TOtRe1;iato:f Fna:oan ,t •nunlctnt ❑ I,.+,:;ar.KF fAw Cat' FbY.Dbn SaSa;r RIpJ.YOC N'c tlr•_ v LA tt -Rt w WIe 5h,04n!lizare [3 Apwrev Valr/ard wit Srh&_k N.CS N?K•RO Nrrlwd'/FKI X{rrllt lw-A. Jh-4—0 k-- W►a 5hxOm WWa t•L+nt+q, ►MRF E.iluosN l\'CI i•-0 fl�fNr E tw NHRF UnrAl.ufM//My7 Asalsrr.rR Pamtl NUNImu+,n RDa01 NrRE%(-r, d2528c�i 4 •r;vrw r r, 4 I--.•—. �..M Wr./.f�i�a�wYan am ltll A.ice, sale 1: 1.E21 Mn.n !2 e U 82 Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application througn 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 May 7, 2025 Report No. DS2025-037 Page 14 of 15 Page 80 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... Lake Simcoe Region conservation authority Page 4 of 4 Ontario Regulation 41/24 applies to a portion of the subject property. It appears that one (1) the proposed accessory structures may be located within the regulated area, however structures is less than 15 square metres are exempt from a permit from the LSRCA,Therefore,a permit from the LSRCA will not be required.Please note that any site alteration or grading within the regulated area requires a permit from the LSRCA regardless of whether development is being proposed. Advisory Comments ]. 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. 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 does apply to the subject property_ A permit from the LSRCA will be required prior to any development taking place within the regulated area, aside from the above noted exemption; Please inform this office of any decision made by the Township of Oro-Medonte with regard to this application, We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions, please contact the undersigned(s,Payne(@Isrca.on,ca), Sincerely, Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services May 7, 2025 Report No. DS2025-037 Page 15 of 15 Page 81 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... k w 59bun � e do w a Gi 0 � l o li .\ ~ CO 4 r r (0 Cn N � O ca ca N C as � o '— Ix M C 0 J '� Cn Ix r O C G� N . . C a D o • • 0 — C C •- w .- C� C , i J N O t) Page 82 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re: Minor VarianceApplic... w t E � U m .a 4-1 a) M C: a) IN � c� O J � O 4-1 .� .� O J a) CO = }, a) -0 O a) Cn '— a E a) O a) .0 a O CD 4-1 E N Cn ° o L a) a `� � — U N 4) 4-1 — U) a) C/) LO CO T- . . Cn � 4- (D a) 0 � U O a c6 c6 U)4-1 Page 83 of 207 6.a) 6.45 p.m. DS2025-037, Yubing Fan, Planner re- Minor VarianceApplic... 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L - 0_ U .U Q) . . 0O C a) -0 � � � O .- C .Q C L � Q) -0 cn � � � _j a) 0_ a) 0 -0 t6 C 0 Cn 0 CO L U) 0_ (n +� V C� Q C L U p .V o 0 U L- a) U M � 0 .� j Cn C: 0_ O 0_ C U 0_ + - C 0 � •- 0. 0CM oCM O � E � M 0 o SCR p ) E C - .V }� O � L M M M U BCD M -C � M U � M O a) O a) C OU �--� O L U a) O U F- F- 0- CO F- (n � 7o � M V t6 C) a) Q Page 92 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... T( h, 7f pw> Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: George Vadeboncoeur, Manager, Planning Special Projects Meeting Date: May 7, 2025 Report No.: DS2025-022 Subject: Minor Variance Application 2024-A-05 (Blackall), 81 Parkside Drive Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-022 be received and adopted. 2. That Minor Variance Application 2025-A-05 submitted by Betsy Blackall, specifically to permit: • a dwelling with a setback of 15.04 metres (49.34 feet) from the Lake Simcoe average high water mark • a detached accessory building with 100.0 square metres (1,080.6 square feet) of finished floor area on lands known municipally as 81 Parkside Drive, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2025-022. 3. The conditions are as follows: a) That notwithstanding Note 1 - Table B1 and Section 5.30 of the Zoning By-law, the proposed single family dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single family dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Development Services May 7, 2025 Report No. DS2025-022 Page 1 of 18 Page 93 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... c) That notwithstanding 5.1.6 — Section 5.0 General Provisions of the Zoning By-law, the existing detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; d) That the detached accessory building is not to be used for human habitation, commercial purposes or for a home industry; e) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the proposed dwelling is located no closer than 15.04 metres (49.34 feet) from the Lake Simcoe average high water mark; f) That the Applicant maintain and preserve the existing vegetative buffer on the west interior property line and at the rear of the proposed dwelling, or replace with similar vegetation if destroyed; g) That the Applicant pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule; h) That the Applicant successfully obtain a permit from the LSRCA; and, i) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), Demolition Permit, and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the Applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background keshme Ra.E. _ The purpose of this report is to �.., provide information and a staff _ & recommendation regarding Minor Variance application 2025-A-05. - - -, The applicant is proposing to demolish an existing 86.3 square metre (929.0 square feet) single family dwelling constructed in 1950 and replace it with a 176 square metre (1,894.8 square feet) one-storey single family dwelling set back 15.04 metres (49.34 feet) from the Lake Simcoe average high water mark. The new dwelling would be approximately one (1) meter closer to the highwater mark than the existing dwelling. The applicant is also proposing to legalize a finished second storey in an existing accessory building (garage) on the property. Development Services May 7, 2025 Report No. DS2025-022 Page 2 of 18 Page 94 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... The property is 0.19 hectares (0.48 acres) in size with 30.8 metres (100.0 feet) of street frontage and is zoned `Shoreline Residential (SR)'. Minor Variance Proposal The applicant is proposing to locate a new larger dwelling approximately one (1) meter closer to the high water mark than the existing, with a setback of 15.04 metre (49.34 feet) from the average high water mark. The applicant also wishes to legalize the larger than approved accessory building (garage) that was constructed previously on the property (second floor storage loft was added). The applicant is seeking relief to the following sections of Zoning By-law 97-95, as amended: Table B1 - Standards for Permitted Uses in R1, R2, RUR1, RUR2, SR and RLS Zones and Section 5.30 - Setback from Average High Water Mark of Lake Simcoe and Bass Lake Minimum Required Rear Yard Setback from the Average High Water Mark Required: Proposed: Minimum Rear Yard Setback from the 15.04 metres (49.34 feet) Rear Yard Average High Water Mark - 20 metres Setback from Average High Water Mark 65.6 feet Section 5.0 General Provisions 5.1.6 Maximum Floor Area for an Accessory Building Required Proposed: Maximum floor area — 70.0 square metres 100.4 square metres (1,080.6 square feet) (753.5 square feet) First Floor— 66.7 square metres (718.9 square feet) Second Floor— 33.75 square metres (363.29 square feet) Analysis Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. 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) Development Services May 7, 2025 Report No. DS2025-022 Page 3 of 18 Page 95 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Sped... whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated `Shoreline' under the Township Official Plan and `Rural' under the County Official Plan. County and Township Official Plans promote low rise developments to promote the character of shoreline areas. Retention of natural vegetation and tree cover is important to maintaining the character of the shoreline. Setbacks from the average high water mark ensure the protection of these features. The new dwelling is proposed to be located one metre closer to the shoreline than the existing dwelling unit at 15.04 metres (49.34 feet), maintaining an appropriate setback from the high water mark. Existing vegetation on the property is to remain and staff have included a condition that if any vegetation is damaged during construction, it be replaced with similar vegetative species. The changes to the second floor of the existing accessory building to create a storage loft do not change the character of the building or the residential nature of the lot. Staff is of the view that the proposed variances conform to the general intent and purpose of the Township and County Official Plans. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Shoreline Residential (SR) under the Township's Zoning By-law 97-95, as amended. Single detached dwellings are required to be set back of 20 metres (65 feet) from the Lake Simcoe average highwater mark. The applicant is proposing to replace the existing dwelling unit on the property with a new larger dwelling unit in the same location as existing, setback one metre closer to Lake Simcoe at 15.04 metres (49.34 feet). No other changes to the property are proposed. Detached accessory buildings are permitted in this zone subject to certain provisions (building size, minimum setbacks, height, etc). The maximum floor area of a detached building is 70.0 square meters (753.5 square feet). The applicant is seeking approval for the finished second floor of the accessory building (used as storage loft), which adds 33.75 square metres (363.29 square feet) to the building area for a total of 100.4 square metres (1,080.6 square feet). The accessory building remains subordinate and secondary to the proposed new dwelling. Based on the above, it is staff's opinion that the proposed minor variances conform to the general intent of the Zoning By-law. Development Services May 7, 2025 Report No. DS2025-022 Page 4 of 18 Page 96 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Are the variances desirable for the appropriate development of the lot? Planning Staff considered the proposed variances in the context of the shape of the property, the location of the proposed new dwelling in relation to the existing dwelling, and its proximity to the westerly interior lot line and average highwater mark and is satisfied that the new dwelling is not out of character on the property. The changes to the second floor of the accessory building do not impact the character of the property. 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) was circulated the subject application and confirmed that the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, Regional and Local plans. LSRCA reviewed the applicable topographic survey and verified that the proposed development will be located outside of the flood hazard associated with Lake Simcoe. Based on the above, Staff is satisfied that the proposed variances would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested minor variance to the setback from the Lake Simcoe average high water mark and the increase in floor area for the existing accessory building are minor in nature and are not anticipated to have any adverse impacts on Lake Simcoe, the neighbouring shoreline residential properties and will not detract from the use and enjoyment of nearby properties. 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 • Provincial Planning Statement, 2024 • Lake Simcoe Protection Plan Development Services May 7, 2025 Report No. DS2025-022 Page 5 of 18 Page 97 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities In December 2023, Council adopted the Township's Corporate Strategic Plan 2024- 2027. The application is consistent with the following Plan priority: • Well Planned Development Consultations Notice of this application was circulated to the public, 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: COMMENTER DATE COMMENT Township 2025-03-20 No comments. Building Division Township 2025-03-18 No comments. Operations Township 2025-03-17 No comments. Engineering Lot Grading design will Development be reviewed as part of the future building permit. En ineerin Lake Simcoe 2025-03-25 Comments Outlined on Schedule 7 to this report. Region Conservation Authority (LSRCA) Attachments Schedule 1: Aerial Photo Schedule 2: Zoning Schedule Schedule 3: Applicant's Sketch Schedule 4: New Dwelling Unit Floor plan and Artist Renderings Schedule 5: Existing Accessory Building Elevations Schedule 6: Existing Accessory Building Floor Plans Schedule 7: Lake Simcoe Region Conservation Authority (LSRCA) Comments Dated March 25, 2025 Conclusion Planning Staff recommends that Minor Variance Application 2025-A-05 be approved, on the basis that the proposed variances meet the four tests of the Planning Act and Development Services May 7, 2025 Report No. DS2025-022 Page 6 of 18 Page 98 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Sped... conforms to or is consistent with applicable Provincial, County, Lake Simcoe Regional Conservation Authority and Township planning policies, and represents good planning. Respectfully submitted: George Vadeboncoeur, RPP, Manager, Planning Special Projects, March 26, 2024 Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services March 27, 2025 Brent Spagnol, RPP, Director, Development Services March 27, 2025 Development Services May 7, 2025 Report No. DS2025-022 Page 7 of 18 Page 99 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 1: Aerial Photo Maa.w. keshore Rd. E. - wa pd wae.xa.w- i �'A parksid w a _ Aerial A>> Tmimship o Q Subject Lands f Proud Heritage,Exciting Future 0 100 ITl File Number:2025-A-05 I Development Services May 7, 2025 Report No. DS2025-022 Page 8 of 18 Page 100 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 2: Zoning Schedule m SR y SR O_ O L a t, H Springhome Rd. Lakeshore Rd.E. SR S 'de Df. pafks 5R s CIS Lake Simcoe Existing Zoning SR(Shoreline Residential) IN 1 �+ `—, Subject Lands OS( en ace) Tc hip of Proud Heritage,Exciting Future 0 100 m File Number:2025-A-05 N rill Development Services May 7, 2025 Report No. DS2025-022 Page 9 of 18 Page 101 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 3: Applicant's Sketch I" I; i �::•� ;�Ex-Gras 4. E..Sep" - B¢O m tteman its - I 1 1 I a •; tO kr XM Set Baa h*I"WH •Storey AeeOens MI Ex¢tlnp"OuU.TO r—————— Be Oa+at�snea _ ISM SM BKl 1,6m t+'NM( Ex'siog Trees �• �a Euurp irm to ¢o NUMA ,I eemaln I unescao¢O _� t I ran-ca[I¢Iv�fa a ! G. i E.Isonp Sf� ¢Ire to PA I x 519.15,IyM1 lake 9mme so P10 I r_ Development Services May 7, 2025 Report No. DS2025-022 Page 10 of 18 Page 102 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 4: New Dwelling Unit Floor Plan and Artist Renditions El Cc I ..c IU � I_11 JPFJ L - - ■ - I Et =� AMC-- _ _ nr.., nrr.r ol �rw arcs arr. Development Services May 7, 2025 Report No. DS2025-022 Page 11 of 18 Page 103 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 5 — Existing Accessory Building Elevations 1. View of accessory building looking South and North 1 - I NORTH ELEVATION SOUTH ELEVATION 2. View of accessory building looking West and East Fg t I J EAST ELEVATION WEST ELEVATION Development Services May 7, 2025 Report No. DS2025-022 Page 12 of 18 Page 104 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 6 — Existing Accessory Building Floor Plans Ground Level Floor Plan D , . ' D 0 2-x1 SV 9:12 GARAGE e x 2s'• 29'-3"x 24'-7' NDDW 719 Sq Ft 2-WO ENG TRUSS Q 24"O.C. 9:12 REINF BARS 15M j ---- �24�'O.G — b 60'X2r— —, r— WI 400 r 2 X10 I r Second Floor Loft Floor Plan "-2 1 ri" IPA 1/1' UP M A 7 Y r.2' 1 h ' b b [ y W-01!Y V-W 1'.21q I_ Development Services May 7, 2025 Report No. DS2025-022 Page 13 of 18 Page 105 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Schedule 7 — LSRCA Comments t Lake Simcoe Region conservation authority wviw.LSRCA.o n.ca Sent via e-mail:planning@oro-medonte.ca Mardi 25,2025 Municipal File No.:2025-A-05 LSRCA File No.:VA-145025-031825 Andy Karaiskakis Manager of Planning,Secretary-Treasurer Committee of Adjustment 148 Line 7 South Township of Oro-Medonte,LOL 2E0 Dear Andy, Re: Application for Minor Variance 81 Parkside Drive Township of Oro-Medonte Owner:Betsy Blackall Thank you for circulating the above-captioned application to the Lake Simcoe Region Conservation Authority(LSRCA)for review and comment_It is our understanding that the Applicant/Owner is proposing to demolish the existing detached dv:e ling and reconstruct a new, arger detached dwelling. The Applicant/Owner is seeking re-ief from the following section of the Township of Oro-Medonte Comprehensive Zoning By-law 97-95,as amended: • Re1ef from Tab a B1 of the By-la-.v which requires a minimum rear yard setback from the average highwater mark of 20 metres where the applicant is requesting a reduction to 15.04 metres. • Re:ief from Section 5.1.6 which allows a maximum floor area for an accessory structure of 70 square metres where the applicant is requesting an increase to 133 square metres. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Application(dated January 28,2025) • Pub:ic Notice(dated March 17,2025) • Site Plan Drawing Package,prepared by Sketch Design Build Inc.(dated January 27,2025) • Topographic Survey prepared by Mertech(dated September 9,2022) 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario UY 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800,465,0437 Development Services May 7, 2025 Report No. DS2025-022 Page 14 of 18 Page 106 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Lake Simcoe Region co­isc-vabon aLthon,y Page 2 of S 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 Pianning Statement(PPS,2024)and as a regu atory authority under Ontario Regulation 41/24 of the Conservation Authorities Act. LSRCA has a_so 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.Fina ly,LSRCA has provided advisory comments related to policy app:icabi.ity and to assist with imp ementation of the South Georgian Bay Lake Simcoe Source Protection P an 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 po icies of the applicab a 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 fo lowing 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 on:y)is 5536; • That the Applicant/Owner successfuay obtain a permit from the LSRCA. Site Characteristics The subject land is approximate:y 1,924 square metres(0.19 hectares)in land area and is located south of Parkside Drive and west of Line 9 South within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is within the 'Shoreline Residential Zone'(SR) as per Schedule 'A3' of the Township of Oro-Medonte Comprehensive Zoning By-law Number 97-95,as amended_ • The subject property is partial regulated by the LSRCA under Ontario Regulation 41/24 for shore ine erosion and food hazards associated with Lake Simcoe.P ease see a detailed regulatory map below. • The subject property is:ocated within a completed watershed or sub-watershed study-area—Oro Creeks South Subwatershed Pan. Development Services May 7, 2025 Report No. DS2025-022 Page 15 of 18 Page 107 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Lake Simcoe Region L.-Y C"vdtIOn aLthoncy Page 3 of 5 81 Parksloo Drive,Regulation Mapping ®LAM 0 ►�"'sAew vl.. cwarr. 13 [,[.....[.,. ❑ A. +-rant. • Ma17s.s•t4c. Lr•S,.xa+•wean a 1,• l•.a Ov.la L.or•.11a(aJ :7 L•q&OX4—4M wary �'� Ld w c•rcre. Levy A•o.•yr [4Y4 Waft".no 44 w. .w M AWw• ❑ L,a.r n.14c(•aA Y7•.211I7 O r... •,..Mww�.r r�.w Aa.N Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. Delegated Responsibility and Statutory Comments 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincia interests regarding natural hazards identified in Section S.2 of the Provincial P anning Statement{PPSI.There are identified natural hazards on the subject lands(floodplain,erosion hazard areas associated with Lake Simcoe). Based on the information submitted as part of this application,the proposal is generally consistent with S.2 of the PPS. LSRCA notes that the app icant provided a topographic surrey for the subject property. LSRCA has reviewed this topographic surrey and verified that the proposed development wil'be'.ocated outside of the f ood hazard associated with Lake Simcoe, Development Services May 7, 2025 Report No. DS2025-022 Page 16 of 18 Page 108 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Lake Simcoe Region r s=c-Vatl3n a the �y Page 4 of S 2. LSRCA has reviewed the application as per our responsibilities as a regu:atory 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 inand iake shorelines,watercourses,hazardous:ands 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 regu ates the alteration to or interference in any way with a watercourse or wetland. Ontario Regulation 41/24 applies to a portion of the subject property. It appears that the proposed development will be within the regu ated area, therefore a permit from the LSRCA wil! be required prior to any development or site alteration taking place. LSRCA staff note that the Applicant/Owner has obtained written approval from the LSRCA regarding the proposed expansion of an existing accessory structure and the demo ishing and reconstruction of detached dwelling submitted as part of a permit application in an emai dated February 22, 2024 (LSRCA file no.OP.2024.016) 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 pub is 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 vril. require a planting plan to demonstrate conformity with Sections 6.20 DP — 629 DP. These p`amings wia be required to be native, noninvasive,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 within the regulated area(this includes the dwelling,boathouse,shore deck,and andscape patio)within the MVPZ(1:1). The removal of any existing vegetation within the h4VPZ must be compensated for at a 3:1 ratio. Development Services May 7, 2025 Report No. DS2025-022 Page 17 of 18 Page 109 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... Lake Simcoe Region ZUI-C-vation a�thon;y Page 5 of 5 Summary Based on our review of the submitted inform ation in support of this application,the proposal is consistent and in conformity with the natura hazard poicies of the applicable Provincia:, Regional and Local plans. On this basis,we have no objection to the approval of this app:ication for Minor Variance- Given the above comments,it is the opinion of the LSRCA that: 1. Consistency with Section S.2 of the PPS has been demonstrated; 2. Ontario Regu'ation 41/24 does app:y to the subject site.A permit from the LSRCA will be required prior to any development taking place, 3. Matters pertaining to natural heritage may be addressed through LSRCA's subsequent permit review process. Please inform this office of any decision made by the Township of Oro-Medonte with regard to this application.We respectfully request to receive a copy of the decision and notice of any appeals fi ed. Should you have any questions,please contact the undersigned(s.payne(2 srca.on-cal. Sincere y, Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services May 7, 2025 Report No. DS2025-022 Page 18 of 18 Page 110 of 207 6.b) 6.55 p.m. DS2025-022, Geor e Vadeboncoeur, Manager, Planning, Speci... ` •ss"n w S � k w q 4 i a it ._,- .......... 5I C e --} � 6.1 O N � O N > •— as L 0 L O r O C00 G� o • • C� C J N O t� Page 111 of 207 6.b) 6:5%p.Fi._pS2025-022, George Vadeboncoeur, Manager, Planning, Speci... 4-1 o }. 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Page 124 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Sped... k ■sNfy w o S .a F= 1 w` r ■_ tq CL L LM A co O � Q � a� r l - N x � 'S• O } R -- O A, f \/ tt r Page 125 of 207 6.b) 6.55 p.m. DS2025-022, George Vadeboncoeur, Manager, Planning, Speci... 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Township of We ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: May 7, 2025 Report No.: DS2025-040 Subject: Minor Variance Application 2025-A-13 (Nicolle), 177 Medonte Sideroad 2 Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report No. DS2025-040 be received and adopted. 2. That Minor Variance Application 2025-A-40 (Nicolle) specifically to permit the construction of a 35.6 square metre (383.5 square foot) addition to the existing dwelling and a new 9.6 square metre (104.0 square foot) deck at the rear of the addition with a reduced interior side yard setback of 2.69 metres (8.82 feet), on lands municipally known as 177 Medonte Sideroad 2, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2025-040. 3. The conditions are as follows: a) That notwithstanding Section 4.0 — Table 134(b), the proposed addition to the dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the addition to the dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, Development Services May 7, 2025 Report No. DS2025-040 Page 1 of 10 Page 128 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... that the proposed addition is located no closer than 2.69 metres (8.82 feet) to the interior side lot line; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan (if required), and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of this report is to r, provide information and a staff recommendation for Minor Variance application 2025-A-13 with respect to a proposal to permit the F construction of an addition to the ' existing dwelling that would reduce the minimum interior side yard building setback prescribed for in the Zoning By-law. ' k The subject property is located on the east side of Medonte Sideroad 2, between Mount St. Louis Road East and Highway 12. The location map is in as Schedule 1 to IM this report. AMA- Ire V yr ' p f" ''� Minor Variance A pplication Proposal The applicants are proposing to construct a 35.6 square metre (383.5 square foot) addition to the existing dwelling with a new 9.6 square metre (104.0 square foot) deck at the rear of the addition and are seeking relief to the following section of Zoning By-law 97-95, as amended: ZONING BY-LAW 97-95 SECTION ZONE PERMITTED/ PROPOSED PROVISION REQUIRED 4.0 — Minimum required Table interior side yard 4.5 metres (14.7 feet) 2.69 metres (8.82 feet) 134 b setback The applicant's site plan and building elevations are included as Schedules 2 and 3 to this report. Development Services May 7, 2025 Report No. DS2025-040 Page 2 of 10 Page 129 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Analysis Planning Act, R.S.O. 1990, c. P.13 Four Tests-Planning Act Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and; (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated `Greenlands' in the Township's Official Plan (2022). The subject lands also contain unevaluated wetlands as identified on Official Plan Schedule C — Natural Heritage, Water Resources & Hazards (refer to Schedule 4 to this report). The existing dwelling and proposed addition is located within 120 metres of the unevaluated wetland. Section 2.13.13.5 of the Official Plan permits expansions to existing residential dwellings provided that it is demonstrated that: i. there is no alternative, and the expansion or alteration in the feature is minimized and, in the vegetation protection zone, is directed away from the feature to the maximum extent possible; and, ii. the impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible. Section 2.13.14 Adjacent Lands of the Official Plan provides policy direction where impacts must be considered and where the compatibility of the development proposal must be evaluated on lands adjacent to an identified key natural heritage feature or key hydrologic feature. Policy 2.13.14.3 states that no development or site alteration shall be permitted on adjacent lands unless an Environmental Impact Study is completed which demonstrates that there will be no negative impact on the natural feature of their ecological functions. Development Services May 7, 2025 Report No. DS2025-040 Page 3 of 10 Page 130 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Based on the location of the existing dwelling, and the small nature of the proposed addition, Planning Staff are of the opinion that there will be no impact from the proposed development to the natural feature as the addition is directed away from the unevaluated wetland and the size of the addition is minimized to the extent possible. Given the site constraints (septic system at the rear of the property, behind the dwelling, a pond and domestic livestock at the front of the property, in front of the dwelling) the side of the dwelling is the only viable location for the proposed addition. The subject lands are regulated by the Nottawasaga Valley Conservation Authority (NVCA) and have been circulated the Minor Variance application. At the time of writing this report, comments have not been received by the NVCA; Committee should have regard to any comments that are received. Given the preceding, the proposed variance conforms to the general intent and purpose of the Official Plan. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned "Agricultural/Rural (A/RU)" in the Township's Zoning By- law 97-95, as amended. The Zoning By-law's requirement for a minimum interior side yard setback of 4.5 metres (14.7 feet) is intended to provide spatial separation between rural residential properties, as well as provide access and maintenance around buildings and structures. The proposed addition is to be located 2.69 metres (8.82 feet) from the interior side lot line, which, in Planning Staff's opinion, is adequate space for maintenance and access around the building as it maintains spatial separation between the subject lands and the neighbouring property. For the reasons outlined above, Planning Staff are of the opinion that the proposed variance meets the general intent and purpose of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? 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 proposed addition will have minimal impact on the adjacent landowners as there will be a separation of approximately 26 metres (85 feet) from the adjacent neighbour to the south. Despite the reduced southerly interior side yard setback, the applicant would still have access to the rear yard via the north side of the dwelling, should any large machinery be required to the rear of the building. In Planning Staff's opinion, the proposed addition will not stand-out, look out of place or detract from the character of the area; therefore, the proposed variance is considered desirable development of the lot. Development Services May 7, 2025 Report No. DS2025-040 Page 4 of 10 Page 131 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Is the variance minor? The question of the minor nature of variances generally relate to their scale and impact. In Planning Staff's opinion, the requested Minor Variance is minor in nature as the proposed addition is not anticipated to have any adverse impacts on character and appearance of the neighbourhood. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: COMMENTER DATE COMMENT Addition appears to be in excess of 15% of existing floor area and will Township Building Division March 20, 2025 require septic verification permit at time of building permit submission. Owner/applicant to be aware of Ontario Building Code minimum Development Services May 7, 2025 Report No. DS2025-040 Page 5 of 10 Page 132 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... requirements for unprotected openings and limiting distance requirements. Township Operations March 18, 2025 No comments Attachments Schedule 1: Location Map Schedule 2: Applicants Site Plan Schedule 3: Applicants Dwelling Addition Elevations Schedule 4: Township Official Plan Schedule C - Natural Heritage, Water Resources and Hazards Conclusion Planning Staff recommend that Minor Variance Application 2025-A-13 be approved, specifically to construct a 35.6 square metre (383.5 square foot) addition to the existing dwelling with a new 9.6 square metre (104.0 square foot) deck at the rear of the addition with a reduced interior side yard setback of 2.69 metres (8.82 feet), on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies, and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services March 24, 2025 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services March 25, 2025 Development Services May 7, 2025 Report No. DS2025-040 Page 6 of 10 Page 133 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 281 10681 275 265 10682 �M1x Wlk a. 2680 a,.�n..vak•,ea.w. 249 Rd R r 235 223 10632 � N 216 215 219 N 199 D 10596 d � 1Z7 165 153 22 23 21 19 Q� 24 m� 102 113 w y 17 15 85 13 4 6 8 2 Location l Subject Lands TowesI f Proud Heritage,Exciting Future 0 loom File Number:2025-A-13 ti i Development Services May 7, 2025 Report No. DS2025-040 Page 7 of 10 Page 134 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan Ja \ F. h Arrxm. LOG.] v � - lAStl ci YPUO TAv. -- - o c; �^ MCK M 1 STOREY WOO r'- /� CLAD DKWNG- Na 1)7 2 GARAGE :W APFA— TION 2i v'iASS r . Dlel'11'AT' ••� LL� r, zti ` AIL I N34-27'20"W (MS) PI-)-TEDAS MEDONTE SIDEROAD 2 Site Plan gLI/I ��hGCL�lTf2t�' 111nmi Heritr;qr,l:xririq�FNterr File Number:2025-A-13 Development Services May 7, 2025 Report No. DS2025-040 Page 8 of 10 Page 135 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Applicants Dwelling Addition Elevations .m.a.,....m ...m.a. ._,....�.n,.�............. ._�.mmM._, - _._.._._ ............ ri1FRONT CLEVATION !WEST) \SOUTH SIDE ELEVATION ... . t d... a REAR EAST ELEVATION n�rw crosixi:rnnH Elevation Drawings OAF � Tort����t�f'. Proud Heritage,Exciting Future File Number:2025-A-13 Development Services May 7, 2025 Report No. DS2025-040 Page 9 of 10 Page 136 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Schedule 4: Township Official Plan Schedule C - Natural Heritage, Water Resources and Hazards 1 t I �Pleaac•pd pe w- v, C O � N - J I I i - 1 i w `y l � , r Township Official Plan - Natural Heritage, Water Resources and Natural Hazards CZ subject Lands Woodlands MNR Un-Evaluated — Treed Wetlands lorrnslup n(; , Permanent Streams Plantation 0t Proud Heritage,Exciting Future 0 300 M File Number:2025-A-13 Development Services May 7, 2025 Report No. DS2025-040 Page 10 of 10 Page 137 of 207 6.c) 7.05 p.m. 2025-040�Andv Karaiskakis, Manager, Planning Services ... f J. r a CO Q N N o o L a N 4) o o • • J Page 138 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... Ow .x 1 c O O O O N = — cu Q OD O � CO T — O W U75 0 CL Z o o � N CO 0) N 0 O U) a�_ M _ ULO �--� f` N G� m N .� CM N 0 (D C: (DE a, � aD LO a •v� N FZ Page 139 of 207 6.c) 7.05 p.m. DS2025-040, Andy Karaiskakis, Manager, Planning Services ... 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WON(W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: May 7, 2025 Report No: DS2025-047 Subject: Minor Variance Application 2024-A-53 (Luchetta), 7 Trafalgar Drive Type: Requires Action Motion No. Recommendation It is recommended: 1. That Report No. DS2025-047 be received and adopted. 2. That Minor Variance Application 2024-A-53 (Luchetta) specifically to permit the construction of a single detached dwelling that is setback 12.05 metres (39.5 feet) and 16.11 metres (52.85 feet) from the top of bank of a slope to the proposed pool and hardscape patio, respectively, on lands municipally known as 7 Trafalgar Drive, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2025-047. 3. The conditions are as follows: a) That notwithstanding Section 5.31 of Zoning By-law 97-95, the proposed swimming pool and hardscape patio shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed development be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, Development Services May 7, 2025 Report No. DS2025-047 Page 1 of 13 Page 147 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... that the proposed pool and hardscape patio is setback 12.05 metres (39.5 feet) and 16.11 metres (52.85 feet) from the top of bank. d) That a permit from the Lake Simcoe Region Conservation Authority be required to be applied for prior to any development or site alteration taking place on the subject lands. Further, a Planting Plan prepared to the satisfaction of the LSRCA is required; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The purpose of the report is to provide h information and a staff "" ,• recommendation to Development ' s "' Services Committee regarding Minor Variance application 2024-A-53 with respect to a proposal to construct a ; new single detached dwelling with hardscaping patio at the rear of the "X , �' p. dwelling to accommodate a swimming . pool and hot tub that do not comply , ' r with the setback from slope requirement of the Zoning By-law. The subject property has a lot area of ` 0.82 hectares 2.02 acres and current) consists of a single detached dwelling. Surrounding land uses consist of single detached dwellings to the east and 4 west, Trafalgar Drive to the north and Lake Simcoe to the south. Minor Variance Application Proposal The applicant is proposing to demolish the existing dwelling and construct a new single detached dwelling with hardscaping patio at the rear of the dwelling to accommodate a swimming pool and hot tub and is seeking relief to the following section of Zoning By- law 97-95, as amended: Section 5.31 — Setback from Slopes Required: Proposed: 23.0 metres (75.5 feet) from Top of Bank The proposed pool and hardscape patio is proposed to or embankment that exceeds 33%. be setback 12.05 metres (39.5 feet) and 16.11 metres (52.85 feet), respectively, from the top of bank. Development Services May 7, 2025 Report No. DS2025-047 Page 2 of 13 Page 148 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Analysis Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Region Conservation Authority's (LSRCA) regulated area and is subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff received comments from the LSRCA and advise that upon review of the final slope stability assessment, LSRCA staff are recommending approval of the Minor Variance application subject to the applicant receiving a permit from the LSRCA; an updated Slope Stability Assessment/Stamped Addendum Letter will be required by the applicant that clearly states that the erosion hazard has been mitigated and will have no effect on the location of the proposed development. The LSRCA will also require a planting plan to be submitted by the applicant to demonstrate conformity with several sections of the LSPP; this planting plan must be focused around the shoreline. Refer to Schedule 3 for LSRCA's comments. Four Tests-Planning Act Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent and purpose of the Official Plan? The subject lands are designated "Shoreline" in accordance with the Township's Official Plan (OP). Permitted uses within the "Shoreline" designation includes single detached dwellings and by extension, accessory buildings/structures including swimming pools. Therefore, based on the above, the requested variance conforms to the general intent and purpose of the Official Plan as the proposed structure is accessory to the main shoreline residential use. Does the variance conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential Limited Service (RLS) in the Township's Zoning By-law 97-95, as amended. The (RLS) Zone applies to lands that are not directly accessed by a municipal road. In recent years, it has been determined that a number of these roads that were considered to be private have either been assumed by the Township or were indeed public roads at the time. It should be noted that Trafalgar Drive is a public road maintained by the Township. Through the comprehensive Zoning By-law Review, all lots on roads that are considered to be public and roads that are maintained Development Services May 7, 2025 Report No. DS2025-047 Page 3 of 13 Page 149 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... by the Township will be zoned Shoreline Residential (SR). Single detached dwellings are permitted in the RLS Zone. The proposed dwelling complies with the provisions of the (RLS) Zone but requires relief from the Zoning By-law's General Provisions (Section 5.31) to permit a reduced setback from the top of bank of the slope as the lands slope down significantly towards the rear of the property at the shoreline. Section 5.31 of the Township's Zoning By-law states that no buildings or structures shall be located within 23 metres of the top of bank or embankment that exceeds 33%. The applicants have requested a variance to permit the new single detached dwelling with hardscaping patio at the rear of the dwelling to accommodate a swimming pool and hot tub to be setback 12.05 metres (39.5 feet) and 16.11 metres (52.85 feet) from the top of bank. Zoning By-law 95-97 permits for a reduced setback of 6.0 metres (19.7 feet) if the slope is located in a Registered Plan of Subdivision where the overall lot grading of the subdivision and associated geotechnical or slope stability report has been approved by the Township Engineer and applicable Conservation Authority. However, given the date of registration of the Subdivision Plan (Plan 1396) in 1972, it has been determined that the associated geotechnical studies were not provided at that time and would be required to be submitted for any proposed development of the lot. The applicant submitted a Slope Stability Assessment, prepared by Soil Engineers Ltd., dated January 20, 2025, that recommended several geotechnical constraints upon completion of the development, including maintaining prevailing vegetation to reinforce against soil erosion, no disturbance to the topsoil and leaf cover on the slope face, grading of the land adjacent to the slope must be concentrated so that runoff is not allowed to drain onto the slope face, and dumping of loose fill near the top of slope or over the bank must be prohibited. concluded that the property has a low risk of slope instability. The Township's Engineering Consultant has reviewed the Slope Stability Assessment and find it to be acceptable and have no additional comments. The LSRCA has required an updated Slope Stability Assessment to satisfy LSRCA's requirements for a permit. The LSRCA will also require a planted area equal to the total area of new development within the regulated area. LSRCA's comments can be found on Schedule 3 to this report. Based on the above, Planning Staff is satisfied that the proposed single detached dwelling, pool and hardscape patio would conform to the general purpose and intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? The new dwelling will comply with the required 23 metre setback to the slope; however, the hardscaping patio at the rear of the dwelling to accommodate a swimming pool and hot tub is proposed to be located approximately 12.05 metres (39.5 feet) and 16.11 metres (52.85 feet) from the top of bank of the shoreline steep slope. Given the supportive comments from the Lake Simcoe Region Conservation Authority and the Townships Engineering Consultant, Planning Staff are recommending support of the applicant's Development Services May 7, 2025 Report No. DS2025-047 Page 4 of 13 Page 150 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... request for a reduced setback from the top of bank as this variance would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested setback from the top of slope for the hardscape patio is minor in nature as it is not anticipated to have any adverse impacts on the neighouring properties or on the natural heritage features and the property has been deemed as having a low risk of slope instability according to the slope stability assessment. Financial/Legal Implications/ Risk Management Potential financial and legal implications may apply should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities Well Planned Development —to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: COMMENTER DATE COMMENT - The proposal will need to demonstrate conformity with the natural hazard policies of LSRCA April 25, 2025 the applicable Provincial, Regional and Local plans through an updated Geotechnical Report. Development Services May 7, 2025 Report No. DS2025-047 Page 5 of 13 Page 151 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... - 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, noninvasive, non-cultivar self-sustaining, and must be focused around the shoreline. - LSRCA will require the planted area equal the total area of new development within the regulated area (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. - Ontario Regulation 41/24 does apply to the subject site. A permit from the LSRCA will be required prior to any development taking place. Township Building Division April 15, 2025 No comments. Township Operations April 22, 2025 No comments. The Jones Consulting Group (TJCG) has reviewed the Slope stability study submission and find it to be acceptable and have no Jones Consulting additional comments. It has been (Engineering Consultant) March 24, 2025 recommended by this Consultant to maintain the existing vegetative ground cover along the existing slope and indicated that the removal of existing ground would impact the protection from soil Development Services May 7, 2025 Report No. DS2025-047 Page 6 of 13 Page 152 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... erosion and that the topsoil and leaf cover should remain in place and not be disturbed as another added measure of protection from frost wedging and rain-wash erosion. Also, the recommendations by Soil Engineers Ltd. are to be reviewed and approved/permitted from the Lake Simcoe Regional Conservation Authority. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Lake Simcoe Region Conservation Authority Comments dated April 25, 2025 Conclusion Based on Planning Staff's analysis, it is recommended that Minor Variance Application 2024-A-53 to permit the construction of a single detached dwelling that is setback 12.05 metres (39.5 feet) and 16.11 metres (52.85 feet) from the top of bank of a slope to the proposed pool and hardscape patio, be approved on the basis that it meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services April 28, 2025 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services April 29, 2025 Development Services May 7, 2025 Report No. DS2025-047 Page 7 of 13 Page 153 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Schedule 1: Location Map 3240 / Line S• —v 3050 -k xO E. p4p,t. Ridge Rd.W. 3063 1 9 3 5 7 Kempenfelt Say Location Subject Lands Tntvtrchipof �� Prated Heritage,Exciting Future 0 loom File Number:2024-A-53 N i Development Services May 7, 2025 Report No. DS2025-047 Page 8 of 13 Page 154 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Schedule 2: Applicant's Site Plan ` o F f Z L �" 1, PLAN 5850 85544U 0061 NARKS APING s a T� �e r Is 6 NK Site Plan 0 T, f Proud Hcritagc,Exciting Futurr File Number:2024-A-53 Development Services May 7, 2025 Report No. DS2025-047 Page 9 of 13 Page 155 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Schedule 3: Lake Simcoe Region Conservation Authority Comments dated April 25, 2025 Lake Simcoe Region conservation authority www.LSRCA.on.ca Sentvia a-mail:plannine!aDoro-medonte.ca April25,2025 Municipal File No.:2024-A-53 LSRCA File No,:VA-115996-041625 Andy Karaiskakis Manager,Planning Services 148 Line 7 South Township of Oro-Medonte,LOL 2EO Dear Andy, Re: Application for Zoning By-Law Amendment 7 Trafalgar Drive Township of Oro-Medonte Owner:Frank Luchetta Applicant:Justin Sherry Design Studio 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 is proposing to demolish the existing dwelling and construct a new single detached dwelling with hardscaping patio at the rear of the dwelling to accommodate a swimming pool and hot tub and is seeking relief to the following section of Zoning By-law 97-95,as amended: • Section 5.31 of the By-law requires a 23-metre setback from a top of bank or embankment that exceeds a grade of 331Y.whereasthe applicant is requesting a reduction to 12.05 metresand 16.11 metres from the top of bank. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Public Notice of Hearing(dated April 15,2025) • Slope Stability Assessment prepared by Soil Engineers Ltd.(dated January 20,2025) • Topographic Survey/Site Plan(SP) prepared Justin Sherry Design Studio(dated November 19, 2024) • Stable Slope Site Plan prepared by Justin Sherry Design Studio(dated January 21,2025) 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 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 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario DY 3W3 F 905.853.5881 Member of Conservation Ontario TF 1.800.465.0437 Development Services May 7, 2025 Report No. DS2025-047 Page 10 of 13 Page 156 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region cu-serlaaon autno-ty Page 2 of 4 body underthe Planning Act as perour 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 WaterAct. Recommendation Based on our review of the submitted information in supportof this application,the proposal will need to demonstrate conformity with the natural hazard policies of the applicable Provincial,Regional and Local plans through an updated Slope Stability Assessment. LSRCA has recommended approval of this application for Minor Variance conditional on the applicant receiving a permit from the LSRCA. It is recommended that any approval of this application be subject to the following conditions: • That the Applicant/Owner shall pay the LSRCA Plan Review Fee in accordance with the approved LSRCA Fee Schedule.The applicable fee for Minor Variance(Minor—planner review only)is$536, • That the Applicant/Owner successfully obtain a permit from the LSRCA. • That the Applicant/Owner shall provide an updated Slope Stability Assessment that will satisfy LSRCA's requirements for a permit. Site Characteristics The subject land is approximately 8,224 square metres(0.8 hectares)in land area and is located southof Trafalgar Drive and west of Line 1 South within the Township of Oro-Medonte. Existing mapping indicates the following: • The subject land is within the 'Residential Limited Service' (RLS) as per Schedule'Al' of the Township of Oro-Medonte's Comprehensive Zoning By-law Number97-95,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 contains identified woodland areas. • The subject property is located within a completed watershed or sub-watershed study area— Barrie Creeks Subwatershed Plan. • The subject property is within a Significant Groundwater Recharge Area(SGRA). Development Services May 7, 2025 Report No. DS2025-047 Page 11 of 13 Page 157 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region co-serva:ion a�,tno•ty Page 3 of 4 ths. 7 TW.Ig.,0,1..Utg O.uoo WappJnp gsrq 0�•+stt `wtw t] 0— Please note: LSRCA staff have not attended any site meetings at this location related to the subject applications. Delegated Responsibility and statutory Comments 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement(PPS).There are identified natural hazards on the subject lands(erosion hazard area associated with Lake Simcoe).Based on the information submitted as part of this application,the proposal has not demonstrated conformity with 5.2 of the PPS at this time. Based on the review of the submitted documents(Slope Stability Assessment and Site Plan Drawing (SP-B),it appears thatthe proposed development will be located within the 100-year recession allowance(erosion hazard). Please provide an updated Slope Stability Assessment/signed and stamped addendum letter that confirms that the unstable slope(erosion hazard) associated with Lake Simcoe has been mitigated and will have no impact on the proposed location of the subject development. 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority underOntario Regulation 41/24.This regulation,made under Section 28 of the Conservation AutharitiesAct,enables conservation authoritiesto regulate development in oradjacentto riveror 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 May 7, 2025 Report No. DS2025-047 Page 12 of 13 Page 158 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... Lake Simcoe Region co^servatlon autno•ty Page 4 of 4 Ontario Regulation 41/24 applies to a portion of the subject property. It appears that the proposed development will be within the regulated area, therefore a permit from the LSRCA will be required priorto any development or site alteration taking place. LSRCAstaff note that the Applicant/Ownerhas submitted a permit application to the LSRCA regarding the proposed boat house submitted as part of a separate application(LSRCA file no. RRIF137151). 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 ourrole as a public body,pursuant to the Planning Act. 2. LSRCA notesthat 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, noninvasive,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 within the regulated area(this includes the dwelling,boathouse,shoredeck,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 will need to demonstrate conformity with the natural hazard policies of the applicable Provincial,Regional and Local plans through an updated Geotechnical Report.LSRCA has recommended approval of this application for Minor Variance conditional on the applicant receiving a permit from the LSRCA. Given the above comments,it is the opinion of the LSRCA that: 1. Consistency with Section 5.2 of the PPS has not been demonstrated at this time; 2. Ontario Regulation 41/24 does apply to the subject site.A permit from the LSRCA will be required prior to any development taking place; Please inform this office of any decision made by the Township of Oro-Medonte with regard to this application.We respectfully request to receive a copy of the decision and notice of any appeals filed. Should you have any questions,please contact the undersigned (s.Payne c(ulsrca.on.ca). Sincerely, Steven Payne Planner I Lake Simcoe Region Conservation Authority(LSRCA) Development Services May 7, 2025 Report No. DS2025-047 Page 13 of 13 Page 159 of 207 6.d) 7: - anager, Planning Services ... .b w ro z +x t t �m U J J M � LO Q .v N U) O � .L E .� L j ._ }' O U� cn OC C O }' C •— G� C� C ;,� i J N O C� Page 160 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... } w 0 O CL (DCO � O E cN �C7 O U u) L(7 -p O U) � NCO U E 4-0 CO W •� U (6 t6 (6 O_ - O 4-1 Q RS C O 0 O CO O O C1 O LO LOU O M L I--- O 0 m � � � � 4Lf - C +- C •� C •p �C Q O m (A O4-1 o >G OU 4-1 O_ O c� O O �O in U) H E O N O c!1 D O N O }, O LO O O LO +� O }' O C ti Q � � a). . 4— cn E m .T I N -�e Q LO 0 C -L E O �O N O En CO Page 161 of 207 6.d) 7.15 p.m. DS2025-047, Andy Karaiskakis, Manager, Planning Services ... R � w C . kIL N yr{ tr- � ■,vwJ �� ;'�..4P 1 ■yam .,.�_ F� i� . 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J Q U) > O N U C U) 70 }U) J c E a �C •c(n aO NQU aci O L 0 L0 O 0n CO Q C + _ O M � aM O 0- � a O Qo > p U) OO) M AMR 0) rI `V Cn O (6 (n a) L O L O U � � � c� � � U) � � � � � � cn O o v a) Q a� oC M 14 Page 169 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... �(W Township of ffe&wte Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Catherine McCarroll, Senior Planner Meeting Date: May 7, 2025 Report No.: DS2025-020 Subject: Zoning By-law Amendment Application 2024-ZBA-17 (Lucas), 560 Line 8 North Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2025-020 be received and adopted. 2. That Zoning By-law Amendment Application 2024-ZBA-17 (Lucas) specifically to rezone the subject lands from the Rural Residential Two (RUR2) Zone to a Rural Residential Two Exception 366 (RUR2*366) Zone to permit the change of use of an existing temporary garden suite to an oversized detached accessory building with an apartment dwelling unit, on the lands municipally known as 560 Line 8 North, Township of Oro-Medonte, be approved. 3. That the appropriate staff bring forth the appropriate By-law for Council's consideration. 4. And that the applicant be advised of Development Services Committee's decision under the Director, Development Services signature. Development Services May 7, 2025 Report No. DS2025-020 Page 1 of 17 Page 170 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Background Property Description �. The subject lands are located on the west side of Line 8 North, between 15/16 Sideroad East and Highway 11. The lands occupy a a lot area of approximately 1.01 hectares (2.5 acres). The subject lands contain a single detached dwelling, garden suite and detached accessory building. Surrounding land uses consist a } mostly of agricultural uses and t .. woodlot. A Location Map is included as Schedule 1 to this report. Zoning By-law Amendment 2011-ZBA-08 By-law 2011-118 was passed on July 13t", 2011, to permit a temporary garden suite at 560 Line 8 North for a period of ten (10) years. Zoning By-law Amendment 2022-ZBA-01 By-law 2022-019 was passed on March 2nd, 2022, to permit the extension of the Temporary Use Zoning By-law Amendment to permit the garden suite for an additional three (3) years. Zoning By-law Amendment 2024-ZBA-17 On October 18, 2024, the applicants submitted the Zoning By-law Amendment application to the Township. This submission was deemed complete and was subsequently circulated to relevant Township departments and external agencies for review and comment. A public meeting was held on January 15, 2025; however, the public notice sign was not posted in accordance with the Planning Act; therefore, another public meeting was held on February 5, 2025. No comments were received from the public or the Committee at the public meetings. Development Services May 7, 2025 Report No. DS2025-020 Page 2 of 17 Page 171 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... The purpose of the Zoning By-law Amendment application is to rezone the subject lands from the Rural Residential Two (RUR2) Zone to a Rural Residential Two Exception (RUR2*366) Zone to permit the change of use of an existing temporary garden suite to 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 dwelling Accessory Buildings unit. 5.1.3 (a) Permitted Locations Not to be located in Located 15.39 metres for Detached the front yard. (50.5 feet) from the Accessory Buildings front lot line. 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 a detached dwelling. located in a detached Single Detached accessory building. Dwelling 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 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 an agricultural area and are serviced by a private well and private sewage system. The property currently has two entrances, one to access the dwelling and the other to access the existing garden suite. There is plenty of space for parking along both driveways. Development Services May 7, 2025 Report No. DS2025-020 Page 3 of 17 Page 172 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Based on the above, the proposal is in-line with the Province's objective to provide for an additional permanent residential unit. Provincial Planning Statement (2024) The Provincial Planning Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 2.2 — Housing, Section 2.5 — Rural Areas, Section 4.1 — Natural Heritage and Section 4.3 - Agriculture are applicable to this application. Section 2.2 Housing speaks to providing for an appropriate range and mix of housing options and densities, and facilitating all types of residential intensification, including redevelopment, which results in a net increase in residential units. Section 4.3.2.5 speaks to permitting up to two additional residential units where a residential dwelling is permitted on a lot in a prime agricultural area. The apartment dwelling unit is consistent with these policies as it: adds to the range of housing options in the area, is serviced by private well and private sewage system, is compatible with the surrounding agricultural uses and is located within the existing dwelling cluster. No new buildings or site alteration are proposed as part of this application; therefore, no adverse impacts are anticipated on the adjacent watercourse, floodplain and unevaluated wetland as a result of the rezoning. Based on the above, Planning Staff is of the opinion that this Zoning By-law Amendment is consistent with the Provincial Planning Statement. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. The Lake Simcoe Region Conservation Authority (LSRCA) provided comments in support of the application as "the proposal is consistent and in conformity with the natural hazard policies of the applicable Provincial, Regional and Local Plans". The LSRCA recommends that any approval of this application be subject to the condition that the applicant pays the LSRCA Plan Review Fee in accordance with their fee schedule. Development Services May 7, 2025 Report No. DS2025-020 Page 4 of 17 Page 173 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... County of Simcoe Official Plan The subject lands are designated `Greenlands' in accordance with Schedule 5.1 (Land Use Designations) in the Simcoe County Official Plan. The `Greenlands' Designation seeks to protect and restore the natural character, form, function and connectivity of the natural heritage system. In Planning Staff's opinion, the proposed change of use, from an existing temporary garden suite to a permanent apartment dwelling unit, will not have any adverse impact on the natural heritage features as the applicants are not proposing any new buildings/additions or site alterations as part of this application. Section 4.1 - Healthy Communities and Housing Development discusses making available sufficient quantity of housing and an appropriate range of housing types and densities. In Planning Staff's opinion, the applicant's Zoning By-law Amendment application conforms to the County's Official Plan as the apartment dwelling unit helps contribute towards a diverse housing stock and increased affordability in the area. Township of Oro-Medonte Official Plan The subject lands are designated `Greenlands' in the Township's Official Plan. The `Greenlands' designation seeks to protect the natural heritage features on and adjacent to the subject lands, see Schedule 6 to this report. As described in the sections above, since the applicants are proposing a change of use to an existing building, Planning Staff do not anticipate any adverse impacts on the adjacent natural heritage features being an unevaluated wetland, watercourse and floodplain. The `Greenlands' designation permits additional residential units accessory to single detached dwellings on lots which were approved prior to the approval date of the Official Plan. Specifically, Section 2.13.13.7 contains policies for additional residential units within the `Greenlands' designation. This section states that: "Additional Residential Units shall be located in the building cluster and shall be subject to Section 4.9". Planning Staff are satisfied that the proposed additional residential unit conforms to these policies as the accessory building is located approximately 14.0 metres (45.9 feet) from the existing single detached dwelling. Section 4.9 of the Township Official Plan contains detailed policies with respect to additional dwelling units. Planning Staff have reviewed these policies against the applicant's proposal and are of the opinion that an additional residential unit in a detached accessory building on the applicant's property would conform with the Townships Official Plan as the additional residential unit would be contained within the residential cluster and can be serviced appropriately through a private well and septic system. Based on the above, Planning Staff are of the opinion that this application conforms to the Township's Official Plan. Development Services May 7, 2025 Report No. DS2025-020 Page 5 of 17 Page 174 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Proposed Zoning BV-law Amendment The subject lands are currently zoned Rural Residential Two (RUR2) in the Township's Zoning By-law 97-95, as amended. According to the Township's Zoning By-law, a detached accessory building is permitted in the (RUR2) Zone pursuant to Section 5.1. The accessory building complies with the maximum height and lot coverage provisions as well as the required rear and interior side yard setbacks. The site-specific exception would address the increase in floor area for the detached accessory building from 70 square metres (753.5 square feet) to 87.6 square metres (943.0 square feet) and would permit the accessory building to be located in the front yard, 15.39 metres (50.5 feet) from the front lot line. The zoning by-law permits an apartment dwelling unit within a single detached dwelling in the Rural Residential Two (R2) Zone pursuant to Section 5.4. The site-specific exception would permit an oversized apartment with an increase in floor area from 70 square metres (753.5 square feet) to 87.6 square metres (943.0 square feet) and would permit the apartment to be located within the detached accessory building. Accessory buildings and apartment dwelling units are subject to maximum floor area provisions to ensure that they remain secondary/subordinate, in both their appearance and use, to the main residential use of the lot. The detached accessory building containing the apartment dwelling unit is proposed to have a floor area of 87.6 square metres (943.0 square feet) which is smaller than the existing single detached dwelling, which has a floor area of approximately 315.1 square metres (3,392.0 square feet) with a 120.0 square metres (1,292.0 square feet) attached garage, according to MPAC information. The accessory building's smaller size will ensure that it will remain secondary to the primary residential use. Considering the changes that have been made to the Planning Act to permit second units in dwellings and in accessory buildings, as well as considering the overall promotion of a range of housing types and affordability found in Provincial policies, the legislative and policy basis for establishing a second unit in an accessory building is well established. Therefore, the focus of Planning Staff's consideration of this application is whether the applicant's proposal is appropriate in this site-specific context. Planning Staff are of the opinion that the change of use of an existing temporary garden suite into an oversized detached accessory building with an apartment dwelling unit maintains the intent of the Zoning By-law as the apartment will be subordinate to the main residential use on the property. Planning Staff recommends approval of Zoning By-law Amendment 2024-ZBA-17 and that Council enact the draft Zoning By-law attached as Schedule 7 to this staff report. Development Services May 7, 2025 Report No. DS2025-020 Page 6 of 17 Page 175 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Goals • Well Planned Development —to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: COMMENTER DATE COMMENT Township 2024 12 12 No comment. Building Division 202501 22 Enbridge 202412 12 Does not object. 202501 21 Township 2024 12 17 No comment. Operations 202501 21 Township 202501 17 • OMFES fire & life safety concerns would be Fire & related to addressing and signage. It would Emergency require clear and visible addressing/building Services identification for all emergency services to quickly locate the unit above the garage separate from the dwelling that is existing on the property. • Limited exits in an apartment above a garage, although there is no drawing to review at this point. Typically, these units above garages have fewer exits, which can be a safety concern in the event of a fire. Ensuring that there are clear, accessible escape routes providing the occupants Development Services May 7, 2025 Report No. DS2025-020 Page 7 of 17 Page 176 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... with two safe ways out. Being that one escape route does not lead through the garage portion for if the garage was an area on fire the alternate safe route can be utilized. • Access for emergency vehicles. Ensuring that emergency vehicles can easily access the property is vital. Narrow driveways or obstructed pathways can delay response times. • Educating residents about fire safety and emergency procedures can improve preparedness and response in case of an emergency. Proper installation and regular maintenance of smoke alarms and carbon monoxide alarms can provide early detection and warning. • OMFES always encourage the installation of residential sprinklers where possible as they significantly enhance fire safety by quickly controlling or extinguishing fires, potentially saving lives and property. Lake Simcoe 202501 13 • No objection. It is recommended that any Region approval of this application be subject to the Conservation following conditions: That the Applicant/Owner Authority shall pay the LSRCA Plan Review Fee in (LSRCA) accordance with the approved LSRCA Fee Schedule. The applicable fee for Zoning By-law Amendment (Minor— planner review only) is $2,195.00. Attachments Schedule 1: Location Map Schedule 2: Applicant's Site Plan Schedule 3: Floor Plan Schedule 4: Existing Zoning Schedule 5: Proposed Zoning Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Hazards Schedule 7: Draft By-law Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2024-ZBA-17 be approved, specifically to rezone the subject lands from the Rural Residential Two (RUR2) Zone to a Rural Residential Two Exception 366 (RUR2*366) Zone, as the application conforms to and is consistent with applicable Provincial, County and Township land use policies, and represents good planning. Development Services May 7, 2025 Report No. DS2025-020 Page 8 of 17 Page 177 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Respectfully submitted, Catherine McCarroll, RPP, Senior Planner March 26, 2025. Approvals: Date of Approval Andy Karaiskakis, RPP, Manager, Planning Services March 26, 2025 Brent Spagnol, RPP, Director, Development Services March 27, 2025 Development Services May 7, 2025 Report No. DS2025-020 Page 9 of 17 Page 178 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 1: Location Map Rd.w.v 720 a I ova e,n.w as ,n.E. — a,a iept' 688 a.a.w. 711 62� 610 571I� — 565 561 51; Z d J T02 465 440 — — - - — — - — — - — - 401 356 425 386 Location '� % Q Subject Lands (�/(s� Proud Heritage,Exciting halm, 0 loom File Number:2024-ZBA-17 I I I I Development Services May 7, 2025 Report No. DS2025-020 Page 10 of 17 Page 179 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re- Zoning By-law A... Schedule 2: Applicant's Site Plan YI p � o N Existing garden suite to be converted into an oversized detached accessory building i with an apartment dwelling unit. Z. V O Site Plan Proud Heritage,liscitinq Futun File Number:2024-ZBA-17 Development Services May 7, 2025 Report No. DS2025-020 Page 11 of 17 Page 180 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re- Zoning By-law A Schedule 3: Floor Plan Ir Ib Ij r Floor Plans Proud Hcritage.,Exciting Futurc File Number:2024-ZBA-17 Development Services May 7, 2025 Report No. DS2025-020 Page 12 of 17 Page 181 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 4: Existing Zoning I , A/RU*254 A;RU'25: L%dg.%.I RUR2 tP Z ao RUR2 C J A/RU EP RUR2 A/RU A/RU Existing Zoning !—� RUR2(Rural Residential Two) „I I" A/RU(Agricultural/Rural) �~ ` Subject Lands — wo❑lusliipof _ EP(Environmental Protection) �V7` Proud Heritage,Exciting I u(nnr 0 100 m File Number:2024-ZBA-17 N Development Services May 7, 2025 Report No. DS2025-020 Page 13 of 17 Page 182 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 5: Proposed Zoning e,noe Y W.YI��OY�kAtl[ • •M Yy, Zi co IF I Proposed Zoning Lands Rezoned From the Rural Residential Two (RUR2) T,untshipnf Zone to the Rural Residential Two Exception 366 �i`Or/��e (RUR2'366)Zone Proud Heritage,Exciting Future 0 File Number:2024-ZBA-17 N j Meters V _ l i � i Development Services May 7, 2025 Report No. DS2025-020 Page 14 of 17 Page 183 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 6: Township Official Plan — Natural Heritage, Water Resources and Hazards Ad E Ana.w.' ae...a.na.E. f _` I / I � Z� m N C I I - H ) r` Township Official Plan - Natural Heritage, Water Resources and Natural Hazards r=7 Subject Lands Surface Water Intermittent M StreamsNR Evaluated Wetlands Woodlands Township of MNR Un-Evaluated =Treed ' -Wetlands Permanent Streams Proud Heritage,Exciting Fntrur 0 300 M File Number:2024-ZBA-17 N l I I Development Services May 7, 2025 Report No. DS2025-020 Page 15 of 17 Page 184 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 7: Draft By-law Thee Carp o ration of the Township Of 0ro4 ledorkte Ey-Law No_2025-03 A By-law to amend the zoning provisions which apply to lands at 560 Line 8 North,Concession E Part East Part Lent 17 Reference Plan 51 R15953 Part i (Oro), Township of Oro-Medonte 2424-ZA-17(Lucas) 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 A cC R.S.O. 1990.c,P.13.as emended. And Whereas Council deems it appropriate to rezG ne the su*ct lands. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. E.d'tedule'All9 to Zoning By-law 97-95,as amended. is hereby further amended by changing the zone symbol applying to a portion of the lends located in Concession 8 Part East Part Lot 17 Reference Plan 51 R15953 Part 1,Geographic TowrCFhip of Oro.Township of Oro-Medonte.from the Rural Residential Two(PUR2)Zone to a Rural Residential Two Exception 306(RUR2"3W)Zone,as shown on Schedule'A" attached and forming part of this By-law. 2. Section 7.9—is hereby further emended by adding the follouting subsea#ion: '7.3B6*36G Concession 8 Part East Part Lot 17 Reference Plan 51 R15953 Part 1{Oro),Township of Oro-Medonte(Lucas) [By-law 2025-033] Notwithstanding any other provision in this by-law to the contrary.the following previsions apply: a)One(1)detacjied accessory diie ng unrtis permitted in a detached accssssry buirduig. b)The detached accessory bLrAdi7g is located in the hunt yard, 15.39 metres(50.5 feet)f-am the freant lot kae. e)Malimum floor area for the detached accessory 87.0 square metres building. (043.0 square feet) d)1.1lximum Abor area of the da.*ached sccesseuy 87.13 square metres d'yLvA g wail. (943.0 square feet) 3. ScPedule'A"attached to By-lew No.2025-033 is declared to forma pert of this By- law. 4. This By-law shall come into effect upon the date of passage hereof,suNect to the provisions of the Planning Act,as amended. By-Law read a First, Second and Th ird Time.and Passed this 7"Day of May, 2425_ The Corporation of the Township Of Oro-Medonte Mayor_Randy Greenlaw Deputy Clerk,Janette Teeter Development Services May 7, 2025 Report No. DS2025-020 Page 16 of 17 Page 185 of 207 Ta) DS2025-020, Catherine McCarroll, Senior Planner re: Zoning By-law A... Schedule 'A' To By-Law No. 2025-033 The Corporation of the Township of Oro-Medonte ----------------- alands Rezoned from the Rural Residential Two(RUR21 Zone to the Rural Residential Two Exception 3661RUR2']66)Zone This is Schedule'A to By-Law 2025-033 passed the i"'day of May. 2025. The Ccrperatior of the Tc-nrt}hip of Cro-kledcnte Mayor. Rancy G-eenlav: Deputy :lerk Janette Teeter (Application 2024-ZBA-1 7) Development Services May 7, 2025 Report No. DS2025-020 Page 17 of 17 Page 186 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... WON(W Township of ffet/onZe� Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager Planning Services Meeting Date: May 7, 2025 Report No.: DS2025-046 Subject: Consent Application 2024-B-14 (Partridge), 1307 Line 3 North Type: Requires Action Motion No.: Recommendation 1. That Report No. DS2025-046 be received and adopted. 2. That Consent Application 2024-B-14 (Partridge) pertaining to lands located at 1307 Line 3 North, Township of Oro-Medonte, to create a new lot having a lot area of approximately 0.9 hectares (2.2 acres) and a lot frontage of approximately 134.1 metres (439.9 feet) containing a dwelling that is surplus to the applicant's consolidated farm operation, subject to the conditions as outlined in Report DS2025-046. 3. The conditions for Consent Application 2024-B-14 are as follows: a) That the retained lands be rezoned to an Agricultural/Rural Exception Zone to prohibit residential uses consistent with the Provincial Planning Statement and that the severed lands be rezoned to a Residential Zone to reflect the existing residential use. b) That the applicant's solicitor provide a written undertaking to the Secretary-Treasurer indicating that the retained lands (farmland) will be kept in the name of the farmer/farming corporation which operates the agricultural operation on the lands. c) That the Applicant transfer to The Corporation of the Township of Oro- Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 3.0 metre wide road widening along the frontage of both the severed and retained lands to the Township. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Development Services May 7, 2025 Report No. DS2025-046 Page 1 of 12 Page 187 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to facilitate the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the 3.0 metre wide road widening with Line 3 North as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant. d) That the applicant pay to the Municipality a fee of$2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13. e) That all municipal taxes be paid to the Township of Oro-Medonte. f) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer which conforms substantially with the application as submitted. g) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality and for use for the issuance of the certificate of consent. h) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of the Planning Act R.S.O. 1990, without qualification. i) That the conditions of consent imposed by the Committee be fulfilled within two years from the date of the giving of the notice. WARNING: Failing to fulfil the conditions within the above-noted statutory two year period (Section 53(41), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background The subject lands have a lot area of approximately 21.0 hectares (51.9 acres) and contain a single detached dwelling. 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 Schedule 1). Consent Application 2024-B-14 The applicants are proposing to sever a lot containing the dwelling on the basis that the dwelling is surplus to the applicants consolidated farm operation. The details of the proposed severance are as follows: Development Services May 7, 2025 Report No. DS2025-046 Page 2 of 12 Page 188 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... Lands to be Severed: Lands to be Retained: Frontage: Approximately 134.1 m 439.9 ft. Approximately 173.1 m 567.9 ft. Depth: Approximately 68.5 m 224.7 ft. Approximately 677.4 m 2,222.4 ft. Area: Approx. 0.9 hectares 2.2 acres Approx. 20.0 hectares 49.4 acres Use: Continued Residential Continued Agricultural A location map is attached as Schedule 1 to this report, and the applicant's proposed severance plan is attached as Schedule 2. The subject application was presented at a statutory Public Hearing at the September 4, 2024 Development Services Committee meeting wherein the Committee deferred the application to provide .. . the applicants the opportunity to address Nottawasaga Valley Conservation Authority (NVCA) comments. ' M Since the Public Hearing, the v applicant has had discussions with the NVCA regarding the amount of fill importation and site alteration that had occurred on the site within the limits of the proposed severance to facilitate the construction of the existing dwelling. The applicant has subsequently provided the NVCA with the required information they were seeking, and as a result, the NVCA has advised that no further action from the owner is required and that any concerns with the amount of fill and the source location can be resolved through the planning process. Given this information, Township staff can now proceed with processing this Consent Application. Analysis Provincial Planning Statement (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 ("SCOP") and the Township Official Plan ("OP"). Staff notes that the Township OP is consistent with the PPS and conforms with the SCOP that were in-force at the time of approval. Planning Development Services May 7, 2025 Report No. DS2025-046 Page 3 of 12 Page 189 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... Staff advise that the applicant's development proposal is generally consistent with the PPS as the application assists with the farm operation while ensuring that the farmland is set aside for continued cultivation and agricultural production. Nottawasaga Valley Conservation Authority The subject lands are located within the Nottawasaga Valley Conservation Authority's (NVCA) regulated area for floodplain and erosion hazards associated with a watercourse that runs through a portion of the property. A portion of the severed lands are located within the estimated floodplain and erosion hazards, and development within these areas would require a permit under the Conservation Authorities Act. Planning Staff have received comments from the NVCA and advise that non- compliance concerns related to fill importation and site alteration within the limits of the proposed severance have been addressed, therefore NVCA has no further concerns with the consent as proposed. 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. The applicants own eight (8) additional farm properties located at: 192 Line 4 North; 859 Line 4 North; 937 Line 5 North; 885 15/16 Sideroad; 295 15/16 Sideroad; 711 Line 8 North, 1514 Line 9 North and 4346-010-002-32500 comprising a total of approximately 345.3 hectares (853.2 acres) (refer to Schedule 3). One of the farm properties contains a dwelling located at 192 Line 4 North. The applicants are proposing to sever the dwelling on the subject farm parcel (1307 Line 3 North) on the basis that it is surplus to their farming operation. On the basis of the analysis of the application in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the application conforms to the policies of the Township's Official Plan. Further, it is noted that since the proposed lot creation is the result of the severance of a residence surplus to a farming operation as a result of farm consolidation, the proposal is not anticipated to negatively affect the viability of the farm operation as sufficient land is available to continue with the agricultural operation without introducing incompatible land uses. Zoning By-law 97-95 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 a condition of consent approval, the applicant must apply for and obtain an amendment to the Zoning By-law for the retained lands. The retained farmlands are to be rezoned to an "Agricultural/Rural Exception (A/RU*)" Zone to prohibit residential uses, in keeping with Development Services May 7, 2025 Report No. DS2025-046 Page 4 of 12 Page 190 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... the Provincial Planning Statement, County and Township Official Plan policies for surplus farm dwelling severances. In addition, the severed lands will be required to be rezoned to a "Rural Residential Two (RUR2)" Zone category, which is appropriate for a rural residential lot of this size. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. It is Planning Staffs opinion that the requested consent is consistent with the PPS and the applicable matters of Provincial interest. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Priorities • Well Planned Development—to ensure the development of complete communities and the protection of our rural character. Consultations Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received. Development Services May 7, 2025 Report No. DS2025-046 Page 5 of 12 Page 191 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... COMMENTER DATE COMMENT Township Infrastructure August 27, 2024 Operations will require a and Capital Projects 3.0 metre road widening along Line 3 North on both the severed and retained properties. Under the Road Network Plan, Line 3 North has been identified as a collector road requiring a 23.0 metre right-of-way Township Building Division August 20, 2024 No comments Nottawasaga Valley April 28, 2025 No objection to its approval. Conservation Authority The non-compliance on the site related to fill importation and site alteration within the limits of the proposed severance has been addressed and brought back into compliance. County of Simcoe August 30, 2024 No objection. Retained lands to be rezoned to prohibit a residential dwelling as a condition of consent to conform to County Official Plan and PPS. Relevant Information/Reports • Development Services Staff Report dated September 4, 2024 Link to Report Attachments Schedule 1: Location Map Schedule 2: Applicant's Consent Sketch Schedule 3: Farm Parcels Held by the Owners/Farm Operation Schedule 4: Nottawasaga Valley Conservation Authority Comments dated April 28, 2025 Conclusion Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2024-B-14 specifically to permit the creation of a new lot that is surplus to Development Services May 7, 2025 Report No. DS2025-046 Page 6 of 12 Page 192 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... the applicant's consolidated farm operation on lands municipally known as 1307 Line 3 North, Township of Oro-Medonte, be approved, subject to the identified conditions, 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, meets the requirements of Section 51(24) of the Planning Act and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services April 28, 2025 Approval: Date of Approval Brent Spagnol, RPP, Director, Development Services April 29, 2025 Development Services May 7, 2025 Report No. DS2025-046 Page 7 of 12 Page 193 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 1: Location Map 1525 -- — — 1361 wn�no.vein ae.e. Raw. 1425 1355 e s. a -P Rd.W. 1347 1351 1280 1304 Z ti C J 1207 1194 1193 i 1 338 1131 88 1 009 228 152 ,087 1071 — — 1075 Drury-Mill Rdi I 1051 1200 878 1472 Location ® Subject Lands To l�ipof�j/'�E Proud Heritage,Exciting l 0 loom File Number:2024-B-14 4/ —�—�—v Development Services May 7, 2025 Report No. DS2025-046 Page 8 of 12 Page 194 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 2: Applicant's Consent Sketch LANDS TO BE RETAINED 11 070!"� Q Y LANDS TO BE SEVERED ' �wh Applicant's Consent Sketch Proud Heritafir,Fxcitinq Future File Number:2024-B-14 Development Services May 7, 2025 Report No. DS2025-046 Page 9 of 12 Page 195 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re- Consen... Schedule 3: Farm Parcels Held by the Owners/Farm Operation 1 - - - I a Z SIMCOE • 127 ROAD C -- J 1 Z OId�BarrieRdrW. Z 0 -Barr•te'RdrE. z N ro ^ i — J & Z C Z C dJ J C C 15%l16 Srd-W. 15/16 5rd3E. J J I 11 0 _L_y Id 4/ C C C C N `• 9 .E C .J Farm Parcels Held by the Toumslrip of Owners/Farm Operation Proud Heritage,Exciting Funrre Other Owned Parcels Subject Lands / 0 1,500 m File Number:2024-B-14 ✓ I I I I I I I Development Services May 7, 2025 Report No. DS2025-046 Page 10 of 12 Page 196 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... Schedule 4: Nottawasaga Valley Conservation Authority Comments dated April 28, 2025 P�pTACq 11 O t x Nottawasaga Valley oConservation Authority April 28, 2025 -,EfJ� EP•1A=� Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2EO Attn: Andy Karaiskakis Secretary-Treasurer planning(woro-medonte.ca RE: NVCA Comments for a Consent 1307 Line 3 North Township of Oro-Medonte Township File No. 2024-B-14 NVCA ID #28191 Nottawasaga Valley Conservation Authority [NVCA] staff is in receipt of a Consent application for the creation of a new lot through the severance of a dwelling as surplus to a consolidated farming operation. In preparing these comments the following documents were reviewed: • Notice of Public Hearing, prepared by Township of Oro-Medonte, dated August 19, 2024. • Applicant's Consent Sketch, prepared by applicant, N.d. Staff has reviewed this application as per our delegated responsibility from the Province 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. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies and per our Municipal Partnership and Service Agreement with the Township. Ontario Regulation 41/24 This property falls partially within an area affected by Ontario Regulation 41/24 (Prohibited Activities, Exemptions and Permits Regulation) for floodplain and erosion hazards associated with a watercourse that runs through a portion of the site. A portion of the severed lands are located within the estimated Floodplain and erosion hazards, and development within these areas would require a permit under the Consewation Authorities Act. Provincial Planning Statement (2024) 1, The PPS defines development to be the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act. Our understanding of the intent of the proposed consent is to sever a surplus dwelling from a Nottawasaga Valley Conservation Authority 8195 8th Line,Utopia,ON LOM 1TO 705-424-1479• o'anninaifnvca.on.ca nvca.on.ca Development Services May 7, 2025 Report No. DS2025-046 Page 11 of 12 Page 197 of 207 7.b) DS2025-046, Andy Karaiskakis, Manager, Planning Services re: Consen... NVCA Comments for Consent 1307 Line 3 North Township of Oro-Medonte Township File No.2024-B-14 NVCA ID #28191 April 28, 2025 farming operation. No new development is being proposed as a result of the severance, therefore NVCA staff have no natural hazard concerns. 2. It is understood by NVCA planning staff that the non-compliance on the site related to fill importation and site alteration within the limits of the proposed severance has been addressed and brought back into compliance, therefore NVCA has no further concerns with the consent as proposed. 3. Should the applicant intend on making any further changes to the retained or severed lots in the future, staff recommend that the applicant(s) pre-consult with our Permits and Regulations Department to determine any permitting requirements. Conclusion The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. We respectfully request to receive a copy of the decision and notice of any appeals filed. Please feel free to contact the undersigned at ext. 222 or kwardlawQnvca.on.ca should you require any further information or clarification with regards to any matters contained herein. Sincerely, Katelyn Wardlaw, Planner Page 2 of Development Services May 7, 2025 Report No. DS2025-046 Page 12 of 12 Page 198 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... -� � (W Township of ffet1onAo, Staff Report Proud Heritage, Exciting Future To: Development Services Committee From: Andy Karaiskakis, Manager, Planning Services Meeting Date: May 7, 2025 Report No.: DS2025-049 Subject: Zoning By-law Amendment Application 2025-ZBA-21 (Gao & Han) Concession 12, Part Lot 21 (Oro) Type: Requires Action Motion No.: Recommendation It is recommended: 1. That Report DS2025-049 be received and adopted; 2. That Zoning By-law Amendment Application 2025-ZBA-21 (Gao & Han) specifically to rezone the severed lands from the Agricultural/Rural Exception (A/RU*15) Zone to the Residential One (R1) Zone, on the lands legally described as Concession 12, Part Lot 21 (Oro), 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 May 7, 2025 Report No. DS2025-049 Page 1 of 8 Page 199 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... Background Development Proposal The purpose of the Zoning By-law Amendment application is to rezone the severed lands from the Agricultural/Rural Exception (A/RU*15) Zone to the Residential One (R1) Zone. This application is to fulfill a condition of approval for Retained Land 38.46 Ha Consent Applications 2024- Roll:434601001043200 B-18, 2024-B-19 and 2024- LOT#3 • LANDS TO BE REZONED FROM B-20, which were AGRICULTURALIRURAL EXCEPTION 15 LOT#2 (A1RU'15)TO RESIDENTIAL ONE(117) conditionally approved by ZONE the Development Services LOT#� - \ Committee on December 4, r 2024. The Committee RIDGE ROAD EAST granted provisional consent to permit the creation of three (3) new residential lots fronting onto Ridge Road East subject to a number of conditions, including: that the severed lands be rezoned to a Residential Zone to reflect the proposed residential uses. Property Description The subject lands are located on xijlik-4 the north of Ridge Road East, east of Line 11 South, in the Hawkestone Rural Settlement area. The subject property has frontage along Line 11 South of Zo ;, approximately 330.2 metres (1,083.3 feet) and approximately 270.7 metres (888.1 feet) along 4J Ridge Road East and a lot area of approximately 36.7 hectares (90.6 acres) and are currently vacant. �`ageaa The majority of the land is under agricultural cultivation. Surrounding land uses predominately consist of agricultural uses, rural non-farm dwelling lots and residential lots along Ridge Road. Development Services May 7, 2025 Report No. DS2025-049 Page 2 of 8 Page 200 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... Analysis Provincial Planning Statement (PPS 2024) The intent of the Provincial Planning Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. The PPS directs that designated settlement areas are to be the focus of growth, with a mix of densities and land uses, for the purposes of achieving the efficient use of land and infrastructure. Specifically, Section 2.3.1.1 states that "settlement areas shall be the focus of growth and development" (p. 8). Planning Staff is of the opinion that the proposed development is consistent with the policies of the PPS as the proposed new lots are located within a rural settlement area (Hawkestone) and the severed lands would be serviced by private individual water and septic systems which is an appropriate method of servicing commonly utilized within Rural Settlement Areas that do not have municipal services available. Lake Simcoe Protection Plan (LSPP) The lands to be severed and rezoned are located outside of the Lake Simcoe Region Conservation Authority's regulated area. However, the property is within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP). Planning Staff have reviewed the subject consent applications in context to the policies in the LSPP, specifically Policy 4.15 DP, which restricts new on-site sewage system or subsurface sewage system within 100.0 metres (328.1 feet) of the Lake Simcoe shoreline. The proposed lots are located outside of the 100.0 metres (328.1 feet) setback relinquishing the need for restriction under Policy 4.15 DP. Township of Oro-Medonte Official Plan The subject lands are designated "Rural Settlements" in accordance with the Township's Official Plan. Rezoning the severed lands to the Residential One (R1) Zone would be appropriate for a residential lot within a Rural Settlement Area. Proposed Zoning By-law Amendment The subject property is currently zoned "Agricultural/Rural Exception (A/RU*15)" in the Township's Zoning By-law 97-95, as amended. As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Applications 2024-B-18, 2024-B-19 and 2024-B-20, which went through a public process under the Planning Act and was approved by Development Services Committee at their meeting on December 4, 2024. Therefore, Staff recommends approval of Zoning By-law Amendment 2025-ZBA-21 and has prepared a Zoning By- law Amendment for consideration by Council. Development Services May 7, 2025 Report No. DS2025-049 Page 3 of 8 Page 201 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... The By-law prepared by Staff would rezone the severed lands from Agricultural/Rural Exception (A/RU*15) Zone to the Residential One (R1) Zone, which would permit residential uses. Financial/Legal Implications/ Risk Management Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation • Planning Act, R.S.O. 1990, c. P.13 • Provincial Planning Statement, 2024 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended • Lake Simcoe Protection Plan Corporate Strategic Priorities • Well Planned Development —to ensure the development of complete communities and the protection of our rural character. Staff are of the opinion that the proposed development is consistent with the Township's strategic priority. Consultations Notice of this application was circulated to the public and to applicable review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: COMMENTER DATE COMMENT Township Building Division April 15, 2025 No comment Enbridge Gas April 16, 2025 No objection Subject application does not meet the scope of our review (not regulated or LSRCA April 25, 2025 major development). Therefore, LSRCA will not be providing comments on this application. Development Services May 7, 2025 Report No. DS2025-049 Page 4 of 8 Page 202 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... Attachments Schedule 1: Applicant's Rezoning Sketch Schedule 2: Draft Zoning By-law Related Reports & Presentations Staff Report DS2024-150 - Consent Applications 2024-B-18, 2024-B-19 & 2024-B-20, Hang Gao & Xu Han, Concession 12, Part Lot 21 (Oro) Conclusion Planning Staff recommends that Zoning By-law Amendment Application 2025-ZBA-21 (Gao & Han) be approved on the basis that the application is consistent with the Provincial Planning Statement 2024, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted, Andy Karaiskakis, RPP, Manager, Planning Services April 28, 2025 Approvals: Date of Approval Brent Spagnol, RPP, Director, Development Services April 30, 2025 Development Services May 7, 2025 Report No. DS2025-049 Page 5 of 8 Page 203 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 1: Applicant's Rezoning Sketch 0101 Retained Land 38.46 Ha Rol I: 434601001043 200 LOT#3 - LANDS TO BE REZONED FROM AGRICULTURALIRURAL EXCEPTION 15 LOT#2 (AIRU-15) TO RESIDENTIAL ONE (R1) ZONE LOT#1 �- 1 RIDGE ROAD EAST Development Services May 7, 2025 Report No. DS2025-049 Page 6 of 8 Page 204 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 2: Draft Zoning By-law The Corporation of the Toamship of Oro-Medonte By-Law No. 2025-043 A By-law to amend the zoning provisions which apply to lands at Concession 12, Part Lot 21 (Oro). Township of Oro-Medonte 2025-ZBA-21 (Gao & Han) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands,- Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule 'A6'to Zoning By-lave 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Concession 12, Part Lot 21, Geographic Township of Oro; Township of Oro-Medonte, from the Agricultural/Rural Exception (ArRUk15) Zone to the Residential One (R1)Zone, as shown on Schedule-A attached and forming part of this By-law. 2 Schedule "A" attached to By-law No. 2025-043 is declared to form a part of this By- law. 3. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 7"' Day of May, 2025. The Corporation of the Township Of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk,Janette Teeter Development Services May 7, 2025 Report No. DS2025-049 Page 7 of 8 Page 205 of 207 7.c) DS2025-049, Andy Karaiskakis, Manager, Planning Services re: Zoning... Schedule 'A' To By-Law No. 2025-043 The Corporation of the Township of Oro-Medonte h 3 I Subject Lands Lands To Be Rezoned From AgrieulturallRural Exception 15(AIRU'15) Zone to Residential One(R1)Zone This is Schedule 'A' to By-Law 2025-043 passed the 7"'day of May, 2025. The Corporation of the Township of Oro-Medonte Mayor, Randy Greenlaw Deputy Clerk. Janette Teeter (Application 2025-ZBA-21) Development Services May 7, 2025 Report No. DS2025-049 Page 8 of 8 Page 206 of 207 7.d) Brent Spagnol, Director, Development Services, correspondence dated... Oro Group Limited 1340 Bass Lake Sideroad East Oro-Medonte, ON, LOL 1T0 Ism ith@orogroupltd.ca (705)321-1976 May 6,2025 To:Oro-Medonte Township Council 148 Line 7 South Oro-Medonte, ON LOL 2E0 Subject: Request to Defer Development Charge Payment—Oro Design Expansion,4 Small Crescent Dear Members of Council, I'm writing on behalf of Oro Group Limited to request that the Township allow us to defer payment of development charges for our current commercial project until occupancy is granted. While we are fully able to pay the charges now, doing so at the beginning of the project represents a significant outlay.The interest carrying costs on this amount, in addition to the lost rental revenue due to permitting delays are all real costs being borne by Oro Property Group that were not planned for.At the end of the day, these factors reduce the capital we can invest into this and future projects. Deferring the payment until the addition is complete would result in meaningful savings and would better align the timing of the cost with when the project begins generating value. We believe that granting this deferral would be a tangible demonstration of the Township's intent to foster commercial growth and support long-term economic development.This decision will also factor into our consideration of additional development activity, including our next project under consideration for 2 Small Crescent. We respectfully ask Council to review this request and are open to any discussions required to facilitate a mutually agreeable solution. Sincerely, Lorraine Smith Partner, Oro Group Limited Page 207 of 207