10 10 2013 SpCouncil AgendaPage
THE TOWNSHIP OF ORO- MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Toutnship of
Proud Heritage, Exciting Future Thursday, October 10, 2013
4:00 p.m. - Open Session
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. REPORTS OF MUNICIPAL OFFICERS:
2 - 5 a) Report No. DS2013 -61, Andria Leigh, Director of Development Services re:
Brennan's Inc. — Temporary Use By -law, 5071 Highway 11 North, East Part
of Lot 16, Concession 14, Township of Oro - Medonte [Refer to Item 5a)].
5. BY -LAWS:
6 - 7 a) By -Law No. 2013 -192 A By -law to Repeal By -law 2013 -119 and to allow
Temporary Uses On lands described as follows:
East Part of Lot 16, Concession 14, Parts 1 and 2,
on 51 R- 30258, Township of Oro - Medonte, County
of Simcoe, (Municipally known as 5071 Highway 11
North) under Section 34 and 39 of the Planning
Act, R.S.O. 1990, c.P.13, as amended Roll # 4346-
010- 012 - 34400.
6. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
7. CONFIRMATION BY -LAW:
8 a) By -Law No. 2013 -189 Being a By -Law to Confirm the Proceedings of the
Special Council Meeting held on Thursday,
October 10, 2013.
8. ADJOURNMENT:
a) Motion to Adjourn.
Page 1 of 8
4.a) Report No. DS2013 -61, Andria Leigh, Director of Develop...
REPORT T ° h
Proud Heritaffe, Excitini, Future
Report No.
To:
Prepared By:
DS2013 -061
Council
Andria Leigh
Meeting Date:
Subject:
Motion #
October 10, 2013
Brennan's Inc. — Temporary
Use By -law, 5071 Highway 11
North, East Part of Lot 16,
Roll #:
43 -46- 010 - 012 -34400
R.M.S. File #:
Concession 14, Township of
Oro - Medonte
RECOMMENDATION(S): Requires Action For Information Only
It is recommended:
1. THAT Report No. DS 2013 -061 be received and adopted.
2. THAT the Clerk bring forward the appropriate By -law to adopt the Temporary Use to permit
corporate meeting and special event facilities, mobile /modular home sales establishment,
motor vehicles sales establishment, auction centre, building supply outlet, and outdoor
displays for a period of up to 3 years.
BACKGROUND:
Mr. and Mrs. Brennan, Brennan's Inc., submitted a Temporary Use By -law application in April of
this year for the two existing industrial - commercial buildings located on the subject property
within the East Part of Lot 16, Concession 14. By -law was approved in May 2013 to permit
temporary meeting facilities and a motor home sale establishment on the subject property on a
temporary basis. In July, an amended by -law was approved by Council to revise the uses and
add motor vehicle sale establishment to the permitted temporary uses.
The owners have now requested additional temporary uses to be considered for the property
based on additional tenants /lease agreements to include building supply outlet and auction
centre.
The subject lands are located at 5071 Highway 11 North, and have an area of approximately
12.3 hectares (30.5 acres) and a lot frontage of approximately 585 metres (1920 feet) on
Highway 11. The property currently contains their sales and service facilities for heating air
conditioning, plumbing and electrical services, and fenced storage compound for U -Haul trailers.
There are two existing commercial - industrial buildings on the property that were the subject of
renovations in 2012 to divide the existing buildings into units for rental, compatible with the
owners current use of the property. The two buildings have a total floor area of approximately
16,000 square feet.
DEVELOPMENT SERVICES October 10, 2013
Report No. DS2013 -061 Page 1 of 4
Page 2 of 8
4.a) Report No. DS2013 -61, Andria Leigh, Director of Develop...
ANALYSIS:
Section 39 of the Planning Act permits Council to authorize a use on a temporary basis for a
period of time not to exceed three years for the date of passing of the by -law. The Temporary
Use by -law proposes to permit the meeting and special event facilities and motor home sales
and display uses on the subject property for a period of up to three years at which time it is
anticipated that the Comprehensive Official Plan and Zoning By -law updates will have been
completed and there would be a decision of Council on the appropriate designation and zoning
given the long standing commercial - industrial use of the property and its location on Highway
11.
Section E1.2 of the Township's Official Plan contains the policies for Council's consideration
prior to approval of a temporary use by -law as follows:
Prior to the approval of a temporary use by -law, Council shall be satisfied that the
following principles and criteria are met:
a) The proposed use shall be of a temporary nature and shall not entail any major
construction or investment on the part of the owner so that the owner will not experience
undue hardship in reverting to the original use upon the termination of the temporary
use;
b) The proposed use shall be compatible with adjacent land uses and the character of the
surrounding neighbourhood;
C) The proposed use shall not require the extension or expansion of existing municipal
services;
d) The proposed use shall not create any traffic circulation problems within the area nor
shall it adversely affect the volume and /or type of traffic serviced by the area's roads;
e) Parking facilities required by the proposed use shall be provided entirely on -site;
f) The proposed use shall not warrant the need for road improvements during the term of
the use; and,
f) The proposed use shall generally be beneficial to the neighbourhood or the community
as a whole.
The subject property already contains two commercial - industrial buildings that are proposed to
be utilized for the temporary uses, are accessed from the existing entrance on the Highway 11
overpass, and therefore no major construction or investment is required by the applicant. The
long standing commercial - industrial sue of the property has not historically been recognized in
the Township planning documents, and a request from the current landowner has been received
for Council to consider this request. As part of the recent permit process, the Ministry of
Transportation has stated they have no concerns with the current commercial - industrial use of
the site and that it is sufficiently setback from Highway 11. In addition they have approved the
signage associated with the current business. On the basis of the above, the temporary use
would satisfy the criteria identified above and allow Council the opportunity to support the
temporary use until such time as there is a decision on the submitted Zoning By -law
Amendment application.
FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT:
N/A
DEVELOPMENT SERVICES October 10, 2013
Report No. DS2013 -061 Page 2 of 4
Page 3 of 8
4.a) Report No. DS2013 -61, Andria Leigh, Director of Develop...
POLICIES /LEGISLATION:
Township of Oro - Medonte Official Plan
Township of Oro - Medonte Comprehensive Zoning By -law 97 -95 as amended
The Planning Act
CORPORATE STRATEGIC GOALS:
Quality of Life — To contribute to an enriched quality of life for residents by maintaining
Oro - Medonte's natural beauty and county -like character
Safe & Healthy Community - To ensure that Oro - Medonte policies and programs
promote a safe and secure environment while encouraging healthy lifestyles
Service Excellence - To provide a welcoming, courteous and professional culture of
service excellence on the part of Council and Township staff
Sustainability - To build an increasingly sustainable community with regard for and
sensitivity to the needs of future generations.
CONSULTATIONS:
n/a
ATTACHMENTS:
Attachment 41 — Location Map
CONCLUSION:
On the basis of the above, it is recommended that Council approve the revised temporary use
by -law, which would permit these additional uses within the existing buildings on the property for
a period of up to three years during which time the Township will be considering the
comprehensive update to the Official Plan and Zoning By -law.
Respectfully submitted:
Andria Leigh, MCIP, RPP
Director, Development Services
SMT Approval / Comments: C.A.O. Approval / Comments:
p
DEVELOPMENT SERVICES October 10, 2013
Report No. DS2013 -061 Page 3 of 4
Page 4 of 8
4.a) Report No. DS2013 -61, Andria Leigh, Director of Develop...
Attachment #1 — Location Map
DEVELOPMENT SERVICES October 10, 2013
Report No. DS2013 -061 Page 4 of 4
Page 5 of 8
5.a) A By -law to Repeal By -law 2013 -119 and to allow Tempora...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -192
A By -law to Repeal By -law 2013 -119 and to allow Temporary Uses
On lands described as follows:
East Part of Lot 16, Concession 14, Parts 1 and 2, on 51 R- 30258, Township of
Oro - Medonte, County of Simcoe,
(Municipally known as 5071 Highway 11 North)
under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll # 4346- 010 - 012 -34400
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;
WHEREAS an application has been submitted to the Township of Oro - Medonte to
establish a use;
AND WHEREAS the Official Plan for the Township of Oro - Medonte contains certain
policies in Section E 1.2 which allow for the establishment of temporary uses;
AND WHEREAS Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in
accordance with Section 34, provides the authority to establish temporary uses;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
Notwithstanding the permitted uses of By -law 97 -95, as amended, as they apply
to lands described as East Part Lot 16, Concession 14, 51 R- 30258, Parts 1 and
2, as shown of Schedule "A" attached hereto, these lands may be used for the
following uses on a temporary basis: "Meeting and Special Event facilities
(Banquet Hall), Mobile /Modular Home Sales Establishment, Motor Vehicle Sales
Establishment (for a maximum of five (5) vehicles), Auction Centre, Building
Supply Outlet, and Outdoor Displays ".
Schedule "A" attached hereto forms part of this By -law.
This By -law is enacted by Council and in accordance with the Planning Act,
R.S.O. 1990, c.P.13, will take effect from the date of passing of the By -law and is
hereby repealed 3 years from the date of passing of this By -law.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH
DAY OF OCTOBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 6 of 8
5.a) A By -law to Repeal By -law 2013 -119 and to allow Tempora...
Page 7 of 8
7.a) Being a By -Law to Confirm the Proceedings of the Specia...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -189
Being a By -Law to Confirm the Proceedings of the Special Council Meeting
held on Thursday, October 10, 2013
WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended
provides that the powers of the Municipal Council shall be exercised by By -Law,
unless the municipality is specifically authorized to do otherwise;
AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte
deems it expedient that the proceedings at this Special Council Meeting be
confirmed and adopted by By -Law;
NOW THEREFORE the Council of The Corporation of the Township of Oro -
Medonte hereby enacts as follows:
1. That the actions of the Special Council at its Council Meeting held on Thursday,
October 10, 2013, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro -
Medonte.
3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to
execute and affix the corporate seal to all necessary documents.
4. And That this by -law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH
DAY OF OCTOBER, 2013.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin