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10 04 2017 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, October 4, 2017 Immediately Following the Development Services Committee Meeting Page 1. Call to Order - Moment of Reflection: 2. Adoption of Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Minutes of Council and Committees: 3 - 7a) Minutes of Council meeting held on Wednesday September 6, 2017. b) Recommendations of the Development Services Committee meeting held on Wednesday, October 4, 2017. 5. By-Laws: 8 - 9a) By-Law No. 2017-119: A By-law to remove the Holding symbol on lands described as follows: LOT 8, PLAN 51M881 S/T EASEMENT IN GROSS OVER PT 2 PL 51R35587 AS IN SC578764, S/T EASEMENT IN GROSS OVER PTS 15, 16, & 17 PL 51R36163 AS IN SC668111; ORO-MEDONTE, AS IN 58568-0058 LT, & LOT 4, PLAN 51M881, S/T EASEMENT IN GROSS OVER PTS 7 & 8 PL 51R36163 AS IN SC668111; AS IN 58568-0054 LT, & LOT 9, PLAN 51M881 S/T EASEMENT IN GROSS OVER PTS 18 & 19 PL 51R36163 AS IN SC668111; ORO-MEDONTE, AS IN 58568-0059 LT, Township of Oro-Medonte, County of Simcoe. 10 - 12 b) By-Law No. 2017-124: A By-law to Exempt Certain Lands In Registered Plan No. 51M-1035 from Part Lot Control Pursuant to Section 50 of the Planning Act, R.S.O. 1990 (Horseshoe Ridge). 13 - 14 c) By-Law No. 2017-125: A By-Law to remove the Holding symbol on lands described as follows: Lots 9, 10, 11, 12 and 13 on Plan 51M-1035, Township of Oro-Medonte, County of Simcoe, Roll # 4346-010-002-16429, 4346-010- 002-16430, 4346-010-002-16431, 4346-010-002-16432, 4346-010-002- 16433. Page 1 of 15 Council Meeting Agenda -October 04, 2017 6. Closed Session Items: a) Motion to go in Closed Session. b) Motion to Rise and Report. c) Derek Witlib, Manager, Planning Services re: Litigation affecting the municipality (Consent Application 2016-B-01 and Zoning By-law Amendment Application 2016-ZBA-02 By 1748290 Ontario Ltd. 257 Moonstone Road East). \[Deferred from 09 06 2017 Council meeting\]. 7. Confirmation By-Law: 15 a) By-Law No. 2017-126: Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 4, 2017. 8. Adjournment: a) Motion to Adjourn. Page 2 of 15 4.a) Minutes of Council meeting held on Wednesday September ... Page 3 of 15 4.a) Minutes of Council meeting held on Wednesday September ... Page 4 of 15 4.a) Minutes of Council meeting held on Wednesday September ... Page 5 of 15 4.a) Minutes of Council meeting held on Wednesday September ... Page 6 of 15 4.a) Minutes of Council meeting held on Wednesday September ... Page 7 of 15 The Corporation of The Township of Oro-Medonte By-Law No. 2017-119 A By-law to remove the Holding symbol On lands described as follows: LOT 8, PLAN 51M881 S/T EASEMENT IN GROSS OVER PT 2 PL 51R35587 AS IN SC578764, S/T EASEMENT IN GROSS OVER PTS 15, 16, & 17 PL 51R36163 AS IN SC668111; ORO-MEDONTE, AS IN 58568-0058 LT, & LOT 4, PLAN 51M881, S/T EASEMENT IN GROSS OVER PTS 7 & 8 PL 51R36163 AS IN SC668111; AS IN 58568-0054 LT, & LOT 9, PLAN 51M881 S/T EASEMENT IN GROSS OVER PTS 18 & 19 PL 51R36163 AS IN SC668111; ORO-MEDONTE, AS IN 58568-0059 LT Township of Oro-Medonte, County of Simcoe Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. And Whereas Council deems it appropriate to remove the Holding provision applying to the subject lands; Now Therefore the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. -law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying LOT 8, PLAN 51M881 S/T EASEMENT IN GROSS OVER PT 2 PL 51R35587 AS IN SC578764, S/T EASEMENT IN GROSS OVER PTS 15, 16, & 17 PL 51R36163 AS IN SC668111; ORO-MEDONTE, AS IN 58568-0058 LT & LOT 4, PLAN 51M881, S/T EASEMENT IN GROSS OVER PTS 7 & 8 PL 51R36163 AS IN SC668111; AS IN 58568-0054 LT, & LOT 9, PLAN 51M881 S/T EASEMENT IN GROSS OVER PTS 18 & 19 PL 51R36163 AS IN SC668111; ORO-MEDONTE, AS IN 58568-0059 LT, Township of Oro-Medonte, ereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. th By-law Read a first, second and third time, and passed this 4 day of October 2017. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes _____ A By-law to Exempt Certain Lands In Registered Plan No. 51M-1035 from Part Lot Control Pursuant to Section 50 of the Planning Act, R.S.O. 1990 (Horseshoe Ridge) Whereas Subsection 50(5) of the Planning Act, R.S,O. 1990, Chapter P.13, as amended, provides inter alia that where land is within a plan of subdivision registered before or after the coming into force of that section, no person shall convey a part of any lot or block of the land by way of a deed or transfer or grant, assign or exercise a power of appointment in respect of a part of any lot or block of the land, or mortgage or charge a part of any lot or block of the land, or enter into an agreement of sale and purchase of a part of any lot or block of the land or enter into any agreement that has the effect of granting the use of or right in a part of any lot or block of the land directly or by entitlement to renewal for a period of 21 years or more, unless the circumstances as described in subsections (a) to (f) inclusive of Subsection 50(5) exist; And Whereas Subsection 50(7) of the said Planning Act, provides inter alia that despite Subsection 50(5) of that Act, the Council of a local municipality may by by-lawprovide that Subsection 50(5) does not apply to land that is within such Registered Plan or plans of subdivision or part or parts thereof as is or are designated in the by-law, and Subsection 50(7.1) of the Planning Act, R.S.O. 1990, provides that a by-law passed under Subsection 50(7) of the said Act does not take effect until it has been approved by the appropriate approval authority for the purpose of Sections 51 and 51.1 of the said Planning Act in respect of the land covered by the by-law; And Whereas Subsection 50(28) of the said Planning Act, provides that a certified copy or duplicate of every by-law passed under this Section shall be registered by the Clerk of the municipality in the proper Land Registry Office; And Whereas Subsection 4(1) and 5(1) of the said Planning Act, provide that the Minister, on the request of the Council of any municipality, may by order, delegate to the Council any of the Minister's authority under the Planning Act and the Council of the Corporation of the Township of Oro-Medonte was advised that the Minister has delegated to the Council of the Township of Oro-Medonte inter alia his authority to consent to a by-law passed under the provisions of Subsection 50(7) of the Planning Act, R.S.O. 1990. Subsection 5(1) of the Planning Act, R.S.O. 1990, etc, refers to further delegation; And Whereas Subsection 50(7.3) of the said Planning Act, provides that a by-law passed under Subsection 50(7) of the said Planning Act may provide that the by-law expires at the expiration of the time period specified in the in the by-law and the by-law expires at that time, and Subsection 50(7.4) of the said Planning Act provides that the Council of a local municipality may, at any time before the expiration of a by-law under Subsection 50(7) of the Planning Act, amend the by-law to extend the time period specified for the expiration of the by-law and an approval under Section 50(7.1) is not required; And Whereas the Council of the Corporation of the Township of Oro-Medonte deems that the land described in Schedule "A" attached hereto and forming part of this by-law shall be exempted from the provisions of Subsection 50(5) of the said Planning Act; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. The provisions of Subsection 50(5) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, do not apply to the lands described in Schedule "A", attached hereto and forming part of this by-law, and being lands within Registered Plan 51M-1035, of October, 2020. 4. This by-law shall take effect on the final passing thereof. th By-law read a First, Second and Third time, and Passed this 4 day of October, 2017. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Those lands in the Township of Oro-Medonte, described as Lot 9, Lot 10, Lot 11, Lot 12, and Lot 13, Registered Plan 51M-1035, registered in the Registry Office of Simcoe (No. 51). The Corporation of The Township of Oro-Medonte By-Law No. 2017-125 A By-law to remove the Holding symbol On lands described as follows: Lots 9, 10, 11, 12, and 13 on Plan 51M-1035 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-002-16429, 4346-010-002-16430, 4346-010-002-16431, 4346-010-002-16432, 4346-010-002-16433 Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. And Whereas Council deems it appropriate to remove the Holding provision applying to the subject lands; Now Therefore the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. 5-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to above noted lands as -law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. th By-law Read a first, second and third time, and passed this 4 day of October 2017. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes _____ Deputy Clerk, Janette Teeter By-Law No. 2017-126 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, October 4, 2017 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 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 Council at its Council Meeting held on Wednesday, October 4, 2017, 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. th By-Law Read a First, Second and Third time, and Passed this 4 dayof October, 2017. The Corporation of the Township of Oro-Medonte __________________________ Mayor, H.S. Hughes __________________________ Deputy Clerk, Janette Teeter