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04 07 2021 Council Agenda The Township of Oro-Medonte Council Meeting Agenda Electronic Meeting Toi�nshipo4 Wednesday, April 7, 2021 �fY Immediately Following the Proud Heritage,Exciting Funfre Development Services Committee Meeting Effective Tuesday, March 17, 2020 at 8.30 a.m., all Township of Oro-Medonte facilities including the Administration Centre were closed to the public. We will continue to offer services online and over the telephone. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. 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 - 5 a) Minutes of Council meeting held on Wednesday March 3, 2021. b) Recommendations of the Development Services Committee meeting held on Wednesday, April 7, 2021 . 5. By-Laws: 6 - 7 a) 2021-041: A By-law to remove the Holding symbol on lands described as follows: Concession 3 South Part Lot 20 (Oro) Township of Oro-Medonte, County of Simcoe, Roll # 4346-010-007-32800. 8 - 15 b) 2021-47: A By-law to Authorize the Execution of a Temporary Use By-Law Agreement (Garden Suite) Between the Township of Oro-Medonte and Craig David Watt and Andrea Michelle Watt on lands described as follows: Part of the East Half of Lot 22, Concession 9, being Part 1, Plan 51 R-15471, Page 1 of 18 Council Meeting Agenda - April 07, 2021 Township Of Oro-Medonte (Formerly Township Of Medonte), County Of Simcoe County of Simcoe under Section 34 an 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll # 4346-020-005-15601. 16 - 17 c) 2021-048: A By-law to allow a Temporary Use for a Garden Suite by Craig David Watt and Andrea Michelle Watton lands described as follows: Part of the East Half of Lot 22, Concession 9, being Part 1 , Plan 51 R-15471, Township Of Oro-Medonte (Formerly Township Of Medonte), County Of Simcoe County of Simcoe under Section 34 an 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll # 4346-020-005-15601 . 6. Confirmation By-Law: 18 a) By-Law No. 2021-042: Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, April 7, 2021. 7. Adjournment: a) Motion to Adjourn. Page 2 of 18 4.a) Minutes of Council meeting held on Wednesday March 3, 2021 . The Township of Oro-Medonte T Council Meeting Minutes Township of to Electronic Meeting Proud Heritage,Exciting Future Wednesday, March 3, 2021 7:07 p.m. 2018-2022 Council Present: Mayor H.S. Hughes Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw Regrets: Deputy Mayor Ralph Hough Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk All Council and staff participated via ZOOM platform. 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to order. 2. Adoption of Agenda: 1% a) Motion to Adopt the Agenda. Motion No. C210303-1'''' Moved by DeSousa, Seconded by Greenlaw Be it resolved that the agenda for the Council meeting of Wednesday, March 3, 2021 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. Page 1 of 3 Page 3 of 18 4.a) Minutes of Council meeting held on Wednesday March 3, 2021 . Council Meeting Minutes — Wednesday, March 3, 2021. 4. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday February 3, 2021 . Motion No. C210303-2 Moved by Keane, Seconded by Scott Be it resolved that the draft minutes of the Council meeting held on Wednesday, February 3, 2021 be received and adopted as printed and circulated. Carried. b) Recommendations of the Development Services Committee meeting held on Wednesday, March 3, 2021. Motion No. C210303-3 Moved by Scott, Seconded by Greenlaw Be it resolved that the recommendations of the Development Services Committee meeting held on Wednesday, March 3, 2021 be adopted. Carried. 5. By-Laws: AO%6 a) 2021-024: Being a by-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and Raymond & Virginia Gingras to allow for two dwellings. b) 2021-029: A By-law to amend the zoning provisions which apply to lands at Concession 2 Part Lot 50 (Medonte) Township of Oro-Medonte, 2019-ZBA-11 (John, Linda and George Hill). Motion No. C210303-4 Moved by Veitch, Seconded by DeSousa Be it resolved that '" EO' a) 2021-024: Being a by-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and Raymond & Virginia Gingras to allow for two dwellings. b) 2021-029: A By-law to amend the zoning provisions which apply to lands at Concession 2 Part Lot 50 (Medonte) Township of Oro-Medonte,2019-ZBA-11 (John, Linda and George Hill). be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Page 2 of 3 Page 4 of 18 4.a) Minutes of Council meeting held on Wednesday March 3, 2021 . Council Meeting Minutes — Wednesday, March 3, 2021. 6. Confirmation By-Law: a) By-Law No. 2021-030: Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, March 3, 2021. Motion No. C210303-5 Moved by Greenlaw, Seconded by Keane Be it resolved that By-Law No. 2021-030: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, March 3, 2021 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 7. Adjournment: a) Motion to Adjourn. Motion No. C210303-6 Moved by Scott, Seconded by Veitch Be it resolved that we do now adjourn at 7:09 p.m. Carried. Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 3 of 3 Page 5 of 18 5.a) 2021-041 , A By-law to remove the Holding symbol on lands described ... The Corporation of The Township of Oro-Medonte By-Law No. 2021-041 A By-law to remove the Holding symbol On lands described as follows: Concession 3 South Part Lot 20 (Oro) Township of Oro-Medonte, County of Simcoe Roll #4346-010-007-32800 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. Schedule'A9',to Zoning By-law No. 97-95 as amended, is hereby further amended by Removing the Holding Provision applying to the above noted lands as shown on Schedule'A' attached hereto 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. By-law Read a first,second and third time,and passed this 7th day of April,2021. The Corporation of the Township of Oro-Medonte X" 1% q% Mayor, H.S. Hughes ''= Deputy Clerk, Janette Teeter Page 6 of 18 5.a) 2021-041 , A By-law to remove the Holding symbol on lands described ... Schedule 'A' To By-Law No. 2021-041 The Corporation of the Township of Oro-Medonte 1696 22 1600 7 21 2 1681 1s 1633 1578 1548 1532 1555 1766 1539 56 2 lsos N vs2s 1555 1483 274 ® Lands Subject To Removal of Holding(H)Symbol This is Schedule'A'to By-Law 2021-041 passed the 7th day of April, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter (Application 2020-ZBA-08) Page 7 of 18 5.b) 2021-47, A By-law to Authorize the Execution of a Temporary Use By,. The Corporation of the Township of Oro-Medonte By-law No. 2021-047 A By-law to Authorize the Execution of a Temporary Use By-Law Agreement (Garden Suite) Between the Township of Oro-Medonte and Craig David Watt and Andrea Michelle Watt On lands described as follows: Part of the East Half of Lot 22, Concession 9, being Part 1, Plan 51 R-15471, Township Of Oro-Medonte(Formerly Township Of Medonte), County Of Simcoe County of Simcoe under Section 34 an 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll #4346-020-005-15601 Whereas Section 39 of The Planning Act, R.S.O 1990 c. P. 13, as amended provides for the entering into of an agreement under Section 207.2 of the Municipal Act, 1994, c.2, s.44 (1), and Council deems it necessary to enter into an agreement on the lands described herein; And Whereas Council for the Corporation of the Township of Oro-Medonte established Temporary Use By-law policies in the Official Plan for the Township; Now therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Temporary Use By-law Agreement attached hereto, as Appendix"B", on lands described on the attached Schedule"A", 2. THAT the Mayor and Clerk are hereby authorized to execute the Temporary Use By- law Agreement, and amendments, on behalf of the Corporation of the Township of Oro-Medonte; IF 3. THAT the attached Schedule"A" and Appendix"B" form part of this By-law; 4. This By-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 7t" day of April, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter Page 8 of 18 5.b) 2021-47, A By-law to Authorize the Execution of a Temporary Use By,. Schedule "A" �a5e� 3515 6409 6365 3665 6331 6390 .y 6352 6312 6294 6276 6253 6312 6211 6244 6264 6473 6204 6151 6413 6157 6139 ® Lands Subject to Temporary Use By-law Page 9 of 18 5.b) 2021-47�4� -�lr«W,,Ao Wy [w�hoe2F��C�& jon of a Temporary Use By This Agreement made the 7t" of April, 2021 Between Craig David Watt and Andrea Michelle Watt hereinafter called the"Owners" Of the first part And The Corporation of the Township of Oro-Medonte Hereinafter called the"Municipality" Of the second part Whereas the Council of the Municipality has received an Application to temporarily re-zone a parcel of land as more particularly described in Schedule "A" attached hereto (the"Subject Lands"), pursuant to Sections 34 and 39 of the Planning Act, R. S.0, 1990, as amended, to authorize the Temporary use of a Garden Suite; And Whereas pursuant to subsection 39 (1.2) of the Planning Act, the Council of the Municipality may require the owner of the Garden Suite, or any other person to enter into an Agreement with the Municipality under. Section 207.2 of the Municipal Act; And Whereas the owner and the occupant have consented to enter into an Agreement with the municipality under the terms and conditions hereinafter set forth, as a condition of the temporary re-zoning to authorize the use of a Garden Suite upon the Subject Lands; Now Therefore consideration of the temporary re-zoning of the subject lands, the Owner and the Occupant hereby covenant and agree with the Municipality as outlined in this Agreement. Page 10 of 18 5.b) 2021-47, A By-law to Authorize the Execution of a Temporary Use By,. 1. Definitions 1.1 "Garden Suite" means a one unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 1.2 "Permitted Temporary Use" means one mobile home, used as a Garden Suite, in accordance with the terms of this Agreement and the provisions of the Temporary Use By-law. 1.3 "Temporary Use By-law" means the by-law passed by the Municipality pursuant to Sections 34 and 39 of the Planning Act to authorize the permitted temporary use upon the subject lands. 2. Use, Installation, Maintenance and Removal of Garden Suite 2.1 The Owner and Occupant shall be responsible, at their sole cost for the installation and maintenance of the Garden Suite upon the subject Lands in accordance with the by-laws of the Township in effect from time to time, Including but not limited to the Temporary Use By-law, and all applicable Federal and Provincial legislation. 2.2 Subject to the terms of this Agreement and the Temporary Use By- law, the permitted temporary use may be carried on upon the Subject Lands from the date of the commencement of the Term of this Agreement, as hereinafter defined. 2.3 The Owner and Occupant shall remove the Garden Suite from the subject lands on or before the earlier of. (a) in the event of default by the Owner or Occupant under-the terms of this Agreement or the provisions of the Temporary Use By-law,the 30th day following written notice from the Township of the termination of this Agreement; (b) the 180th day following the date of death of the Occupant; or; (c) the last day of the Term of this Agreement. 2.4 In the event that the Owner and occupant fail to remove the Garden Suite from the Subject hands in accordance with the provisions of this Agreement, the Municipality may enter upon the Subject Lands to remove the Garden Suite, and all costs incurred by the Municipality in connection therewith shall be recoverable from the Owner pursuant to the provisions of Section 326 of the Municipal Act, c.M. 45, R.S.O. 1990, as amended,whereby the costs incurred will be added to the tax roll and collected in a like manner as taxes. 3. Term 3.1 The Term of this Agreement shall commence from the date of execution by the Township and expiring on the day immediately preceding the 7th day of April, 2024. 4. Occupancy of Garden Suite 4.1 The Owner and Occupant shall not permit the Garden Suite to be occupied by any person other than the Occupant. 5. Default and Termination 5.1 In the event of default by the Owner or the Occupant under the terms of this Agreement,which default shall not have been cured Page 11 of 18 5.b) 2021-47, A By-law to Authorize the Execution of a Temporary Use By,. by the Owner or Occupant within 30 days of written notice of default from the Municipality, the Municipality shall have the right to terminate this Agreement on 30 days' notice in writing to the owner and Occupant. 5.2 In the event of termination of this Agreement, the rights of the Owner and Occupant to continue the permitted temporary use shall immediately cease, and the Municipality shall be entitled to repeal the Temporary Use By-law without further notice to the Owner or Occupant. 6. Expenses of the Municipality 6.1 Every provision of this Agreement by which the owner or occupant is obligated in any way shall be deemed to include the words "at the expense of the Owner or Occupant" as the case may be, unless the context otherwise requires. 6.2 The Owner and Occupant shall be responsible for and shall pay to the Municipality on demand all costs incurred by the Municipality in connection with the preparation and enforcement of this Agreement and the Temporary Use By-law. 6.3 The Owner and Occupant shall, on or before the execution of this Agreement by the municipality, file with the Municipality a deposit in the amount of$2500.00, which may be applied by the Municipality in reduction of the costs incurred as set out above. 6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall be recoverable from the owner as described in Section 2.4. 7. Notice All Notices to be given hereunder may be given by registered letter addressed to: Owner: Craig and Andrea Watt 6294 Line 9 North R.R. 1 Waubaushene, Ontario LOK 2CO Occupant: David and Nancy Watt 6294 Line 9 North R.R. 1 Waubaushene, Ontario LOK 2CO Municipality: Township of Oro-Medonte 148 Line 7 South P.O. Box 100 Oro, Ontario LOL 2XO or such other address as the parties may respectively from time to time designate in writing, and any such Notice shall be deemed to have been given to and received by the addressee three (3) days after the mailing thereof, postage prepaid and registered. Page 12 of 18 5.b) 2021-47, A By-law to Authorize the Execution of a Temporary Use By,. 8. Severability 8.1 Any provision of this Agreement which is found to be invalid or unenforceable under the laws of the Province of Ontario by a court of competent jurisdiction, to the extent such provision is invalid or unenforceable, shall be deemed severable and shall not affect any other provision of this Agreement. 9. No Assignment 9.1 This Agreement, and the rights and obligations arising under it, may not be assigned by the owner or the Occupant without the prior written consent of the Municipality. 10. Estoppel 10.1 The Owner, Occupant and the Municipality will not call into question directly or indirectly in any proceeding in law or in equity or before any administration or other tribunal,the right of the other parties to enter in this Agreement and to enforce every term, covenant and condition of it. The law of contract applies to this Agreement and the parties are entitled to all remedies arising from it. This provision may be pleaded by the parties in any action or proceeding as an estoppel of any denial of such right. 11. Indemnification from Liability and Release 11.1 The owner and Occupant covenant and agree with the municipality, on behalf of themselves, their permitted successors and assigns, to indemnify and save harmless the Municipality, its servants and agents from and against any and all actions, suits, claims and demands whatsoever which may arise either directly or indirectly in connection with this Agreement. 11.2 The Owner and Occupant further covenant and agree to release and forever discharge the Municipality from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise as a result of any action taken by the municipality under the terms of this Agreement 12. Interpretation 12.1 In the interpretation of this Agreement, unless the context indicates a contrary intention: (a) the obligations of more than one party will be joint and several, (b) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (c) headings are for convenience only and do not affect interpretation- (d) reference to Sections and Schedules are to sections and schedules of this Agreement and the Schedules form part of this Agreement, and (e) this Agreement may be executed in any number of counterparts, each of which will be deemed an original but which together will constitute one instrument. Page 13 of 18 5.b) 2021-47, A By-law to Autoorize the Execution of a Temporary Use By,. In witness whereof the parties have hereunder set their hands and seals. Signed, sealed and delivered in the presence of Andrea Watt, Owner Craig Watt, Owner Mayor, H.S. Hughes Deputy Clerk, J. Teeter Page 14 of 18 5.b) 2021-47, A By-law to Autoorize the Execution of a Temporary Use By,. This is Schedule"A"to the Agreement Between Craig and Andrea Watt and The Corporation of the Township of Oro-Medonte Description Part of the East Half of Lot 22, Concession 9, being Part 1 on Plan 51 R-15471, Township of Oro-Medonte (formerly Township of Medonte), County of Simcoe, municipally known as 6294 Line 9 North. Page 15 of 18 5.c) 2021-048, A By-law to allow a Temporary Use for a Garden Suite by C... The Corporation of the Township of Oro-Medonte By-law No. 2021-048 A By-law to allow a Temporary Use for a Garden Suite by Craig David Watt and Andrea Michelle Watt On lands described as follows: Part of the East Half of Lot 22, Concession 9, being Part 1, Plan 51 R-15471, Township Of Oro-Medonte(Formerly Township Of Medonte), County Of Simcoe County of Simcoe under Section 34 an 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended Roll #4346-020-005-15601 Whereas an application has been submitted to the Township of Oro-Medonte to establish a temporary use; And Whereas the Official Plan for the Township of Oro-Medonte contains certain policies 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: 1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply to lands described as Part of the East Half of Lot 22, Concession 9, being Part 1, Plan 51R-15471, Township Of Oro-Medonte (Formerly Township Of Medonte), County Of Simcoe County of Simcoe, as shown of Schedule"A" attached hereto, these lands may be used for a"Garden Suite". 2. Schedule"A" attached hereto forms part of this By-law. 3. 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 20 years from the date of passing of this By-law. By-law read a First, Second and Third time, and Passed this 7t" day of April, 2021. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, J. Teeter Page 16 of 18 5.c) 2021-048, A By-law to allow a Temporary Use for a Garden Suite by C... Schedule "A" �6 �p 3515 6409 6365 3665 6331 6390 k9. .y 6352 6312 6294 6253 6276 6312 6211 6244 6264 6473 6204 6151 6413 6157 6139 ® Lands Subject to Temporary Use By-law Page 17 of 18 6.a) By-Law No. 2021-042, Being a By-Law to Confirm the Proceedings of t... The Corporation of the Township of Oro-Medonte By-Law No. 2021-042 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, April 7,2021 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, April 7, 2021, 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 7t" day of April, 2021. The Corporation of the Township of Oro-Medonte XJ Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 18 of 18