11 20 2002 Council Agenda
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TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, NOVEMBER 20, 2002
TIME: 7:00 p.m.
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1. OPENING OF MEETING BY MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
Nil.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Council Meeting held Wednesday, November 6,2002.
7. CONSENT AGENDA CORRESPONDENCE:
None.
8. DEPUTATIONS:
None.
9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ES2002-63, Keith Mathieson, Director of Engineering and Environmental
Services, re: Al:fburwood Estates Subdivision, request for five (5) additional buidding
permits, Phase iT.
10. COMMUNICATIONS:
a) Town of Innisfil, correspondence re: Proposed Annexation.
b) Carol and Chris Meissner, Shanty Bay Road, correspondence re: Rail Trail
Completion.
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11. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole meeting held Wednesday, November 13,
2002.
b) Minutes of the Oro-Medonte Recreation Advisory Committee meeting held Thursday,
October 3,2002.
12. PETITIONS:
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None.
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13. UNFINISHED OR NEW BUSINESS:
14. BY-LAWS:
a) By-law No. 2002-119
Being a by-law to authorize the execution of a Site
Plan Control Agreement between The Corporation of
the Township of Oro-Medonte and Double R.
Performance (R. Roberts), described as lands as
follows: Pt. Lot 20, Concession 9 (former Oro
Township), being all of PIN #58547-0045(Lt).
b) By-law No. 2002-121
Being a by-law to amend By-law No. 95-074 (to
authorize a decrease in the speed limit on certain
roads within the Township of Oro-Medonte).
15. IN-CAMERA:
16. CONFIRMATION BY-LAW NO. 2002-120.
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17. ADJOURNMENT:
18. QUESTIONS:
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ADDENDUM
COUNCIL MEETING
Wednesday, November 20, 2002
8. DEPUTATIONS:
a) 7:00 p.m.
Peter and Margaret Kells, Blackberry Hill Farm, re: rezoning
application.
9. REPORTS OF MUNICIPAL OFFICERS:
b) Report No. ES2002-64, Keith Mathieson, Director of Engineering and Environmental
Services, re: Private Moonstone Water System.
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Blackberry Hill Farm.
Peter & :Margaret Kens
RR # 3, Coidwater, ON. LOK lEO
Iv1ayor :t~ei1 Craig
Township ofOro-ivIedonte.
Oct. 29,2002
Dear Mayor Craig:
Further to our letter of Oct. 28, 2002, a key concern in our efforts to obtain at! equitable and fair
settlenlent, relates to the aTIl0unt oftinle and effort spent by TOW11Ship officials and
representatives during the processing of our Rezoning Application:
They were as follows:
1) Two ten nlinute consultations with l\fr Kolbe in ~b.is office.
2) One fJleen 1111nute consultation with 1v15 Leigh in her office, and
3) A presentation in front of the Township Planning Committee which was abandoned after ten
ITtlilutes as the Townsrrip was not fully prepared to consider the application, because infoffilation
had not been disseminated to all TOwliShip Departnlents involved in the Rezoning Aplication.
We ask you to consider this infonnation with respect to our request for further refund.
Yours truly,
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Blackberry Hill Farm.
Peter & Margaret Kells
RR # 3, Coldwater, ON. LOK lEO
Tel. (705) 835-5164
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Mayor Neil Craig
Township ofOro-Medonte
October 28, 2002
Dear tvlayof Craig:
Ref: Blackbeny Hill Rezoning. Application.
SOllletinie ago we subrrIitted at1 "Application for Rezoning" plus a $2500.00 fee, to the Township.
Tllis was done onlv after pre-consultation with the TOW1ISllip Planner, the Building Clliefand the
Fire Department in accordance with the Townsllip's "Guidelines for Development" (Sept. 1999).
That is to say, prior to paying the $2500.00, we established the criteria which had to be l11et in
order to achieve successful rezoning.
We subsequently felt that we had satisfied all requirements but were told that was not so.
OUf correspondence of Oct. 30,2001 (attached as Annex A), explains our position.
l~ote, that under the cirCUfi1stances, we expected full refund of ow. $2500.00 fee. in fact we
received only one half of the fee!
Following talks with tvfs Zieleniewski, and tv!s Leigh we were directed to you, the :tvlayor and
your Council,
1vly wife and I feel that we have been unfairly treated/charged and ask you to redress the situation.
vVe are willing to appear before Council to further iHun-una.te tltis request.
Yours truly,
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Blackberry Hill Farm
R.R. # 31 Coldwater, ON. LOK lEO
Tel. (705) 835 - 5164
Fax (705) 835 - 3946.
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M& Andria Leigb
I'lann;ng Department
Township ofOro-Medonte
October 30, 2001.
REFERENCE:- REZONING APPLICATION
Dear Andria;
Recently we submitted a Professional Architects report (attached as Annex A) as requested by the
Township's Building Officer, in support of our rezoning application. This report was adjudged by
the Township as being unacceptable.
We subsequently hired a different, independent Architect to review this report. He concluded that
Mr Myles Allison's report was full and sufficient, with respect to the Township's original
directive (attached as Annex B).
The same architect at our request, approached the Building Officer requesting infonnation that
migbt resolve Blackbeny Hill's misunderstanding/misconception vis a vis the status of our
rezoning application.
After due consideration of the independent architect's subsequent report, it would appear that
little, if any, support exists for the rezoning efforts and future planning ofBlackbeny Hill Fann,
Therefore, we would request that the rezoning application be withdrawn, and a refund of our fee
be considered,
We appreciate your advice and patience, and hope that our ill-advised efforts did not cause undue
aggravation within the Township's offices,
Yours sincerely,
Peter and Margaret Kells,
PERMIT NO:
DATE:
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P.O. BOX 100, ORO
ONTARIO LOL 2XO
TEL: (705) 487.2171
FAX: (705) 487-0133
NQIE.: I nspectio~s can!~ '~"" t !:,~-
be called In \/ f" \ "1
after hours tl.Jc)!
ORO-MEDONTE
REPORT OF INSPECTION
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INSPECTION:
TAKE NOTICE: that you are required to comply with the following order(s):
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NOTE: A request for Reinspection is Required
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Received By:
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REPORT
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DEPT. REPORT TO: COUNCIL PREPARED BY:
#ES2002-63 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Arbourwood Estates Public Works
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Subdivision - Request for
C.OFW.: , Five (5) Additional Building
Permits - Phase \I DATE: Nov. 14,2002
MOTION #:
DATE: R. M. FILE #: D12-3343
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Arbourwood Estates is a one hundred (100) lot subdivision located in the Village of Shanty Bay. This
development has been constructed in Phases, consisting of Phase I (23 lots) and Phase II (77 lots).
To accommodate this development, the existing water system in Shanty Bay required upgrading.
The upgrades to accommodate Phase I have been completed. Phase II was granted fourteen (14)
Building Permits prior to completion of the balance of the upgrades.
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The Developer has sold out Phase I of the development and the allotted 14 lots in Phase II, and is
now requesting he be allowed an additional five (5) Building Permits for Phase II. As of November
13,2002, twelve (12) Building Permits have been issued for Phase I and only one (1) in Phase II.
Attached for Council's perusal is a schedule prepared by R. G. Robinson and Associates Ltd. for
estimated time of completion of the required upgrades to the Shanty Bay water system.
With the projected completion date for the upgrades being the end of May, 2003 and only thirteen of
the allotted thirty seven (37) Building Permits being issued to this date, there should be no impact on
the existing water system by allowing the Developer an additional five (5) Building Permits in Phase
II.
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1. THAT Council receives and adopts this report.
2. THAT the Developer be allowed an additional five (5) Building Permits, for a total of nineteen (19),
in Phase II of Arbourwood Estates subdivision, prior to completion of the upgrades to the existing
Shanty Bay water system.
3. THAT Mr. Frank Reiss be notified of Council's decision.
lIy submitted,
Keith Mathieson
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18-0CT-IOOI II :03AM FROM-Tarravantura Realty Group ltd
416-512-1558
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Telephone: (416) 201-2225
Facsimile: (416) 512-7558
emaH; freiSS@tem/Venture.rom
Arbourwood Estates Ltd.
123 S"Ieppard Avenue East.
T crontc. Onta~io
M2N 3Z5
Fax
'n>: Keith Mathieson; Oro-Medonte Twp. From: Frank Reiss
Fax: (705) 4S7'()133 Pages: 3 incl. cover
- ~ 10/28/2002
Rei:
Arbourwood EsIateS Phase T'NO Permits cc:
Rick Groves, R. G. Robinson(705) 734-
0764
o Urgent
o For RevieW 0 PI_ Comment 0 Please Reply 0 Please Recyde
. Comllleftts: Please find atIod1ed a letter regarding our request for additional Phase 2 permits.
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Frank D. Reiss, M.C.I.P., R.P. P.
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If vou received this fax in error. 1J/ease contact the sender immediatelv.
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28-0CT-2002 II :04AM FROM-T,rrav,ntur, R,alty Group ltd
416-5IH558
T-,02 P002/00, F-2ST
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OdDber28,2002 90,)-<j
our meeting last Friday so that a fully operational and upgraded wa1er system can be completed by
May, 2003.
We would request that you take this request to Council at the very earliest opportunity so that these
important sales opportunities can be realized.
We would also request that the Township enter into a Pre-servicing agreement with A1bourwood
Estates ltd. as soon as possible in order that we can start Phase Three servicing. Please contact the
undersigned with your requirements in that regard.
Please contact the undersigned if yoo. have any questions or commenis.
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Yours very truly,
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Frank D. Reiss, M.C.I.P., R.P.P.
President
Arbourwood Estates ltd.
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Zi-OCT-Z002 1\ :04AM FROM-Terraventure Realty Group ltd
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416-5\2-755i
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Arbourwood Estates Ltd.
123 Sheppard Ave East
North York, Ontario M2N 3A5
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Telephone 416 201 2225
Facsimile 4165127558
0cI0ber 28, 2002
VIA FACSIMilE ONLY
Mr. Keith Mathieson, Manager of Public Works
TCffl!1$hip of Oro-Medonte
Box 100,
Oro, Ontario
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and
Mr. Rick Groves, Project Manager
R.G. Robinson and Associates (Barrie) Lb:!.
10 High S:treet, Suite 200
Barrie, Ontario
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Dear Sirs:
Subject: Arbuurwuod Estates Pbn of Subdivision; "'- Twv and 11ne Water Facility
Upgo...te.s
Further to our meeting on Friday at the offices of RG. Robinson and Associates. we hereby confirm
that we require an additional 5 lots added to the' 14 interim building permits allowed fur release in the
Phase T we Subdivision Agreement for registered plan on subdivision, RP. No. 51 tM596.
ArbouMlX>d Estates requires these additionaJ building perm~ at this time 10 facilitate the sale of lots in
this now fully serviced subdivision. We can only sell these additional lots if permits are available even
though cons1rudion would not start on most of them until Spring 2003. We have sold severallols in
Phase Two and have comple1eJy sold out our inventory of lots in Phase One.
Notwithstanding this progress, at least 8 lots in Phase One will not require building permits (or, at least,
cons1ruction will not start) until at least the Spring of 2003 since they have been sold tD buildeis or
individuals who do not intend 10 build over the winter season and who, in the case of the builders, have
not yet sold houses 10 end users.
Since the approval process of the Shanty Bay Pump House and Well has taken longer than anticipated.
we hope that you can <\gree that our request is a reasonable one. We have agreed 10 provide the funds
for a MinistJy of Environment submi$sion which will be made in the next feN days by R G. Robinson
and Associates. We have also indicated support for the tendering and construction schedule outlined in
PAGE 1/ 2
FILE No.581 11/06 '02 17:16 ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
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CONSULTING
ENGINEERS
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RG RoBINSON
CoJDept.
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Mr. K. Mathieson, CRSI
Director of Engineering & Environmental Services
Township ofOro-Medonte
Box 100
148 Line 7 South
Oro, ON LOL 2XO
November 6, 2002
Dear Sir:
RE: Township ofOro-Medonte
Schedule for Upgrades to
Shanty Bav Water Pumpin!! Station UP2rades
Upgrades to the Shanty Bay Water Pumping Station are required for servicing of additional
phases of the Arbour Subdivision. Work completed to-date includes:
. A new well has been installed and tested;
. Detailed design and a Design Report have been completed for the proposed upgrades;
. The documentation is currently being submitted to MOE for review and approval.
It is anticipated that the worst case for completion of the upgrades to the water system would be
the end of May 2003. As we understand, the MOE Approvals process is currently taking about
four months. Tendering of the Contract can proceed prior to receiving final approval, with
award of the Contract after receipt of the MOE Certificate of Approval. Award of this Contract
should occur in March or April. The construction timeline for the project is approximately one
month.
Major components such as the reservoir typically have a long lead-time for delivery. To ensure
timely delivery, the manufacturer of the tank can be scheduled with the selected supplier at this
time and confirmed when the Contract is awarded.
We confirm that an additional 5 building lots can be added to the 14 interim building permits
allowed for release in the Phase Two Subdivision for registered Plan of Subdivision R.P. SIM.
696, as referenced in the October 28, 2002 letter form Arbourwood Estates Ltd.
10 High Sttee<, BarTi<, Ontario L4N iW\ (705) 721-9222 Fax (705) 734.0764 engplan@rgra.on.ca
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FILE No.581 11/06 '02 17:16 ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
PAGE 2/ 2
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If you have any questions, please contact our office.
Cfa) /-:{
Yours truly,
K.A. Bobechko, P. Eng.
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File #12-00004-21
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Copy: J. ZieIeniewsjd
R. Groves
F. Reiss
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REPORT
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DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY:
#ES2002-64 WHOLE Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Private Moonstone Water Public Works
System
C.OFW.:
DATE: Nov. 19,2002
MOTION #:
DATE: R. M. FILE #: E08-12328
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BACKGROUND; <,
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At the Regular Committee of the Whole Meeting held on November 13, 2002, Council received a
verbal update on the status of the private water system in the Village of Moonstone.
Staff was authorized to proceed with establishing a repayment plan for the required upgrades with the
25 homeowners currently connected to the private system for the costs of connecting to the existing
Robincrest water system.
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The attached letter was hand delivered to the 25 homeowners on the weekend of November 16th and
a meeting was held at the Township Public Works Garage on November 18, 2002, which was
attended by thirteen (13) residents.
The attached draft repayment plan was presented to the residents in attendance. The structure of
this repayment plan is the same as the plan used to repay upgrades to the water system in the
Village of Warminster.
The residents in attendance were satisfied with the draft plan and were concerned how quickly the
private system could be hooked to the Robincrest system.
~RECOMMENDATIONS'~; , ' ~"i ~'"
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1. THAT Council receives and adopts this report.
2. THAT Council authorizes the connection of the Moonstone private water system to the municipal
Robincrest water system.
3. THAT a By-law be prepared for Council's consideration to establish charges and payment options
with the twenty-five (25) homeowners for payment of the Moonstone water system upgrades.
4. THAT the Ministry of the Environment be notified of Council's decision. \
5. THAT the residents on the Moonstone private water system be notified of Council's decision. q b r r
Keith Mathieson
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THE CORPORATION OF THE
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148 Line 7 S., Box 100
Ora, Ontario LOL 2XO
TOWN6lIIP
(9~Of7l6~
Phone 1705)487-2.171
Fax 1705) 487-0133
www.township.oro-medonte.on.ca
November 15, 2002
Dear Homeowner:
The Township of Oro-Medonte has been approached by the Moonstone Water System
Corporation, which provides you with potable water, to assume the existing water
system.
A Report was submitted to Council dated March 22, 2002 recommending that the
existing system required work to be carried out prior to the Township assuming the
system. The work that is still outstanding is the disconnection of the existing well,
connection to the existing municipal water main, installation of blow-offs, and installation
of water meters. The estimated cost of this work, including Engineering, is
approximately $25,000.00, or $1,000.00 per household.
Once the actual cost has been determined, Council would consider the costs be paid in
full or be amortized over five (5) years. This amount would be the actual cost, plus
interest, with payments made quarterly.
For the year 2002, the annual water rate for the municipal Robincrest system is $365.00
per year, which is reviewed annually by Council.
If you have any further comments or concerns with this proposal, I will be at the
Township Public Works Garage located on County Rd. #19 on Monday, November 18,
2002 at 7:00 p.m., or please contact me at (705) 487-2171 prior to Wednesday,
November 20, 2002.
OF ORO-MEDONTE
Ke' athieson, C.R.S.I.
Director of Engineering and Environmental Services
,
BALANCE INTEREST PAYMENTS BALANCE QUARTERLY
BEGINNING @6% ENDING PAYMENT
YEAR 1 1,000.00 60.00 260.00 800.00 65.00
YEAR 2 800.00 48.00 248.00 600.00 62.00
YEAR 3 36.00 < ":.
600.00 236.00 400.00 59.00
YEAR 4 400.00 24.00 224.00 200.00 56.00
YEAR 5 200.00 12.00 212.00 0.00 53.00
TOTAL PAYMENTS
1,180.00
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TOWN OF INNISFIL
November 12, 2002
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2147INNISFIL BEACH ROAD
INNISFIL, ONTARIO L9S 1A1
TEL: (70S) 436-3710 . FAX: (70S) 436-7120
TOLL FREE TEL. FROM 775 EXC. (70S) 456-3353
WEB SITE: www.town.innisfil.on.ca
The Corporation of the City of Barrie
P.O. Box 400
70 Collier Street
Barrie, ON
L4M 4T5
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Attention:
Mayor Perri and City Aldermen
Subject:
Proposed Annexation
Town File: Annexation
Please be advised that Council for the Town of Innisfil adopted Resolution No. CR-397.02 at the
Special Council meeting of November lJ, 2002.
BE IT RESOL VED THAT:
The presentation by Steve Willis and Lisa Prime of Marshall Macklin Monaghan, and the report on
the "Managing Growth and Protecting lnnisfil's Communities", dated October, 2002 prepared by
Marsha]] Macklin Monaghan, in association with Sorensen Gravely Lowes be received.
Further that:
a) Council for the Town of Innisfil accepts the findings of the report, "Managing Growth and
Protecting lnnisfil 's Communities" and authorizes the Planning Team to make deputation to the
Perfonnance Management Committee, and County Council on the findings of this report, and
request the County adopt a resolution endorsing the Town's report and position;
.
b) COllncil authorizes the Mayor to send a letter, with a copy of the report to the Minister of
Municipal Affairs, the appropriate Senior Staff, local Simcoe County M.P.'s and M.P.P.'s and
a]] Simcoe County Municipalities, requesting their support and endorsement of the lack of
necessity of the City of Barrie's request to annex any part of Innisfil or restructuring of the
County of Simcoe;
c) the City of Barrie Council be requested to withdraw their annexation plans, and/orrestructuring
plans, and the position on their report "the Greater Barrie Area Local Government Review, The
Challenge of Managing Growth";
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City of Barrie, November 12, 2002
Page 2
d) Council sets the date of November 26,2002, commencing at 5;30 p.m. to hold a "Public Open
House" with a fonnal presentation at 7;00 p.m. to be held at the Stroud Community Hall. The
Clerk be authorized to take the necessary action to advertise this meeting including the
preparation of the appropriate PTess Release;
e) the report and this resolution be forwarded to the City ofBame Council for their consideration
and response.
Council for the Town of Innisfil, therefore requests that the City of Barrie consider the above
resolution, and await your response.
Should you require any further infonnation, please do not hesitate to contact our office.
Yours truly,
cc A. Carron, M.P. Barrie-Simcoe-BTadford
P. Bonwick, M.P. Simcoe-Grey
P. DevilJers, M.P. Simcoe-North
]. Tascona, M.P.P. Barrie-Simcoe-Bradford
Hon. 1. Wilson, M.P.P. Simcoe-Grey
G. Dunlop, M.P.P. Simcoe-North
An Simcoe County Municipalities
City of Orinia, Clerk's Office
City of Barrie, Clerk's Office
P. Lee, CAO, City of Barrie
Mayor & Council, Town ofInnisfil
G. Eaton, c.A.O. Town ofInnisfil
H. Cyr, Deputy Clerk, Town ofInnisfil
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The Meissner Family
291 Shanty Bay Road
Barrie, ON
L4M lE5
November 11, 2002.
RECEIVED
flOV 1 5 ZOO?
ORO-MEDONTE
TOWNSHl!:.......
Oro-Medonte Town Council
Box 100
Oro-Medonte, ON
LOL 2XO
Attn: Clerk
Re:
Rail Trail Completion: border of Barrie to Colborne Street
4
As residents along a busy County Road, we are quite concerned about the safety of those
who walk and ride along Shanty Bay Road from Barrie to Oro-Medonte, Specifically
there is a section with no sidewalk or trail to join Barrie's North Shore Trail with the
Oro-Medonte Rail Trail.
The stretch of road is traveled by a lot of vehicles, often at rates of speed significantly
higher than the posted limits, The road is not wide at this point and the lack of a shoulder
often requires that people must travel on the road itself A vehicle apparently fatally
struck our neighbour's mother on this stretch of road several years ago.
This issue is of personal concern to us, as we must walk two small children along this
road to a bus stop several hundred feet away. As there is little room at the side of the
road, 1 am often forced to push a stroller on the two lane road itself during "rush hour" as
commuters from Ora make their way in and out of Barrie. I realize that the Trail will not
be cleared in winter but the days which would see the path completely covered with snow
are far outnumbered by clear days,
We would like to encourage Council to support this Capital Project for completion
of the Rail Trail in 2003.
If there is anything we could do to assist you in gauging public support for this project,
please let us know (ie, do you need a petition?).
,
Regards,
<
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Carol and Chris Meissner
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ORO-MEDONTE RECREATION
ADVISORY COMMITTEE
MINUTES
Thursday October 3rd 2002 . 7;00 p.m.
Chair:
Councillor Ruth Fountain called the meeting to order at 7:00 p.m.
Present:
Dave Knox, Catherine Riffer-Wessel, Nadeen Morano, Ian Hunter,
Deputy Mayor Walter Dickie, Councillor Ruth Fountain and
Councillor Harry Hughes.
Staff Present:
Chris Carter (Recreation Co-ordinator)
1. Adoption of Thursday November 7, 2002 Agenda:
Moved by Mr. Hunter; seconded by Ms. Morano
It is recommended that the agenda for the Oro-Medonte Recreation Advisory
Committee meeting for Thursday, November 7,2002 be adopted as printed and
circulated.
Carried.
2. Adoption of October 3rd, 2002 Minutes:
Moved by Mr. Hunter; seconded by Ms. Morano
It is recommended that the minutes from the Recreation Advisory Committee
meeting of October 3rd, 2002 be received and adopted as printed and circulated.
Carried.
1
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3. Disclosure of Pecuniary Interest and General Nature Thereof - In Accordance
with the Act:
-NiL
4. Deputations:
Nil.
5. Unfinished Business:
,(
Moved by Ms. Riffer- Wessel; seconded by Mr. Hunter
A) It is recommended that infonnation provided in the discussion re:
Subdivision Agreement in Sugarbush be received.
Carried
Moved by Ms. Riffer- Wessel; seconded by Ms. Morano
B) It is recommended that the infonnation presented in the video "Inside
Out" Alcohol Liability be received.
Carried
Moved by Ms. Riffer- Wessel; seconded by Ms. Morano
C) It is recommended that the Alcohol Risk Management Policy be received
and modified as recommended.
Carried.
,
6. Correspondence:
Moved by Ms. Riffer- Wessel; seconded by Ms. Morano
It is recommended that the correspondence from the Oro-Medonte Minor Soccer
(Ian Hunter) be received.
Carried.
2
7. Co-ordinator's Monthly Report:
(A) Moved by Ms. Morano; seconded by Mr. Knox
It is recommended that the report re: "The Ian Arthur Beard Complex" be
received.
Carried.
8. Committee Chairperson's Report:
Nil
9. Other Business (Information or Request for future information):
Nil
10. Questions:
Nil
11. Adjournment:
Moved by Mr. Knox; second by Mr. Hunter
That the November 7th, 2002 meeting of the Oro-Medonte Recreation Advisory
Committee does now adjourn at 9:13 pm.
Carried
Next Meetin~: December 5th, 2002 @ 7pm.
3
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SITE PLAN CONTROL
BY-LAW NO. 2002-119
/ Ljq) -;
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Double R Performance (R. Roberts)
described as lands as follows:
PI. Lot 20, Concession 9 (former Oro Township)
being all of PIN #58547 -o045(Lt)
WHEREAS authority to enter into Site Plan Control Agreements Is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
;{'
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedule "A" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 20th day of November, 2002.
By-law read a third time and finally passed this
day of
2002.
THE CORPORATION OF THE TOWNSHtP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
.
November, 2002
By-Law No. 2002-
APPENDIX "A"
/yq) -' ;r
SITE PLAN AGREEMENT
- between -
DOUBLE R PERFORMANCE
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PI. Lot 20, Concession 9
Being all of PIN #58547-0045 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
!
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
IVe -3
TABLE OF CONTENTS
Section 1 Covenants by the Owner
Section 2 Covenants by the Township
Section 3 Development Restrictions
Section 4 Development Changes
Section 5 Compliance
Section 6 Co-operation
Section 7 Binding Effect ;;i
Section 8 Severability of Clauses
Section 9 Save Harmless
SCHEDULES
Schedule "A"
Schedule "B"
Schedule "C"
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
2
SITE PLAN CONTROL AGREEMENT
I
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This Agreement made In quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
DOUBLE R PERFORMANCE
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 60' x 100'
storage building on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area":
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT In consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
3
.
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees asfollows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be perfonned on the lands, nor any use made of the subject lands
with respect to the proposed development, except In confonnity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
pennlts and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe and Ministry of Transportation.
ii
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having Its Solicitor, Engineer, Planner and staff,
perfonn any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of perfonnance of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner Is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$5,000.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "CO, as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a)
That the Township has enacted a By-law to pennit a 60' x 100' storage building
described on the Site Plan.
.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as Indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use'Of the subject lands by the
Owner shall be on and subject to the following tenns and conditions:
4
/c;Q)~~
a)
Sfie Plan
The use and development of the subject lands shall be
in accordance with and as set out on the Site Plan,
attached hereto as Schedule "B".
b) Lighting
All lighting systems installed outside, such as floodlights, shall be
directed away from any adjacent residential use and/or roadway, not
to cause interference in any way.
c) Parking Areas and Driveways
All parking areas and driveways shall be constructed, in conformity
with Sections 5.19 and 5.20 of By.law No. 97-95, as amended, and
the Ontario Building Code Regulation #419/86, and such parking
areas, loading and access areas shall be kept free and clear of snow
and ice and kept adequately drained. All entrances shall be
constructed, as In Schedule "B", attached. The Owner agrees to
obtain all necessary approvals from the Ministry of Transportation,
County of Simcoe and Township of Oro-Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the
premises and any street. Any other outside storage shall be
contained in the fenced compound, as identified on Schedule "B".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and
waste, as shown on the Site Plan, and to install and maintain litter
containers In and around development on the lands. All metal scrap
and associated refuse contained in the fenced compound shall be
removed on a weekly basis.
f) Landscaping
The Owner shall complete all landscaping and landscaped areas
shown on the Site Plan, attached as Schedule "B", as soon as
weather permits, and all grading and sodding required, according to
any Engineering drawings submitted, shall be done on all lawn
areas.
g) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion
and sedimentation of ditches and culverts, slopes, etc., within the
Sfie Plan, and downstream prior to and during construction. The
Owner agrees to maintain all erosion and sifiation control devices in
.good repair until vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved, in
writing, by all Parties.
5
5. COMPLIANCE
/ <;qY~:f '
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein. and upon default on
the part of the Owner hereunder. the Township shall, in addition to any other remedy
available to it. be at liberty to utilize the provisions of Section 325 of the Municipal Act.
RS.O. 1980, Chapter 302. as amended.
6. CO.QPERA TION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands. at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
7. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described In Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
,~"
8. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause. Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof. other than the provision so
declared to be invalid.
9. SAVE HARMLESS
The Owner, on behalf of itself. its successors and assigns. agrees to indemnify and save
harmless, the Township from and against any and all ciaims, suits. actions and demands
whatsoever. which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement. provided the subject matter
of such action. suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in th be alf.
SIGNED, SEALED AND DELIVERED )
) DO BLE R P RFORMANCE
) Owner: Raymond Roberts
!~" r>.,~Qo~Q,~
) Owner: Kirsten Roberts
)
) AS JOINT TENANTS
)
) THE CORPORATION OF THE
) TOWNH51P OF ORO-MEDONTE
) per:
)
)
) J. Neil Craig, Mayor
)
)
) Marilyn Pennycook, Clerk
SCHEDULE "An
lye;) - t
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Om-Medonte and Double R
Performance.
LEGAL DESCRIPTION OF LANDS
Pt. Lot 20, Concession 9, being all of PIN #58547-0045 (Lt).
SCHEDULE "B"
IYq)~'9
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro.Medonte and Double R
Performance.
SITE PLAN
Site Plan is not In a registerable form and is available from the Township of Oro-Medonte.
As per revisions dated October 7, 2002.
,
SCHEDULE "C"
I<lQ)-IG
NOTE:
It is understood and agreed that this Schedule fonns part of the Site Plan
Agreement between the Township of Oro-Medonte and Double R
Perfonnance.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be property drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the Solicitors for the
parties after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
I
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
NfJ
BY.LAW NO. 2002-121
Being a By-law to Amend By-law Number 95-074 (To authorize a decrease in the speed
limit on certain roads within the Township of Oro-Medonte)
WHEREAS the Highway Traffic Act, R.S.O., 1990, Chapter H.8, as amended, Section 128(2),
authorizes the Council of a municipality to pass By-laws to prescribe a lower rate of speed for
motor vehicles on a highway or portion of highway under its jurisdiction;
AND WHEREAS By-law No. 95-074 authorized a decrease in the speed limit on certain roads
within the Township of Oro-Medonte to 50 km/h;
AND WHEREAS it is deemed necessary and expedient that the speed limit for motor vehicles
on certain portions of highways under the jurisdiction of the Township of Oro-Medonte be
decreased;
,
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby
enacts as follows;
1. That Schedule 'A' to By-law No. 95-074 be amended by adding the following:
Name of Hiqhwav
From
To
Line 3 (southerly)
County Road #22
Highland Drive
2. That this by-law shall come into force and take effect on the date of its final passing.
Read a first and second time this 20th day of November, 2002.
Read a third time and finally passed this
day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook