04 06 2022 Council Agenda The Township of Oro-Medonte
Council Meeting Agenda
Electronic Meeting
0 Wednesday, April 6, 2022
Township of
Immediately Following the
Proud Heritage,Exciting Funfre Development Services Committee
Meeting
Effective Monday, March 28, 2022, all Township facilities are open to the Public for
Customer Service (all meetings to remain virtual) with safety measures in place
including social distancing and discretionary masks/face coverings.
Residents and business owners are encouraged to continue to utilize online and
telephone services for Township related business; and staff continue to be available
to provide assistance by telephone or email.
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 - 6 a) Minutes of Council meeting held on Wednesday March 2, 2022.
b) Recommendations of the Development Services Committee meeting held on
Wednesday, April 6, 2022.
5. By-Laws:
7 - 8 a) 2022-031: A By-law to allow a Temporary Use for a Garden Suite by Jeffrey
and Marianne Sharp on lands described as follows: Concession 14, East
Part Lot 4, 51 R15676; Part 1 (Medonte), Township of Oro-Medonte, County
of Simcoe, (Municipally known as 3516 Town Line) under Section 34 and 39
Page 1 of 17
Council Meeting Agenda - April 06, 2022
of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll # 4346-020-004-
21303.
9 - 16 b) 2022-032: A By-law to Authorize the Execution of a Temporary Use By-Law
Agreement (Garden Suite) Between the Township of Oro-Medonte and
Jeffrey and Marianne Sharp on lands described as follows: Concession 14,
East Part Lot 4, 51 R15676; Part 1 (Medonte), Township of Oro-Medonte,
County of Simcoe, (Municipally known as 3516 Town Line) under Section 34
and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, Roll # 4346-
020-004-21303.
6. Confirmation By-Law:
17 a) By-Law No. 2022-036: Being a By-Law to Confirm the Proceedings of the
Council Meeting held on Wednesday, April 6, 2022.
7. Adjournment:
a) Motion to Adjourn.
Page 2 of 17
4.a) Minutes of Council meeting held on Wednesday March 2, 2022.
The Township of Oro-Medonte
�}TownShipof Council Meeting Minutes
(ye` a_ 'Iffl i Electronic Meeting
Proud Heritage,Exciting Future
Wednesday, March 2, 2022 7:34 p.m.
2018-2022 Council
Present: Mayor H.S. Hughes
Deputy Mayor Ralph Hough
Councillor Ian Veitch
Councillor Tammy DeSousa
Councillor Cathy Keane
Councillor Shawn Scott
Councillor Randy Greenlaw
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.
Ajol%6, -% %
1. Call to Order - Moment of ReflectionME
Mayor H.S. Hughes assumed the Chair at the above noted time and called the meeting to
order.
2. Adoption of Agenda: "
a) Motion to Adopt the Agenda.
Motion No. C220302-1
Moved by DeSousa, Seconded by Veitch
Be it resolved that the agenda for the Council meeting of Wednesday, March 2, 2022 be
received and adopted.
Carried.
3. Disclosure of Pecuniary Interest:
None declared.
Page 1 of 4
Page 3 of 17
4.a) Minutes of Council meeting held on Wednesday March 2, 2022.
Council Meeting Minutes — Wednesday, March 2, 2022.
4. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday February 2, 2022.
Motion No. C220302-2
Moved by Hough, Seconded by Greenlaw
Be it resolved that the draft minutes of the Council meeting held on Wednesday, February 2,
2022 be received and adopted as printed and circulated.
Carried.
b) Recommendations of the Development Services Committee meeting held on
Wednesday, March 2, 2022.
Motion No. C220302-3
Moved by Keane, Seconded by Scott
Be it resolved that the recommendations of the Development Services Committee meeting
held on Wednesday, March 2, 2022 be adopted.
Carried.
5. By-Laws: AW46
a) 2022-019: A By-law to allow a Temporary Use for a Garden Suite by Brenda and
Anthony Lucas on lands described as follows: Part of the East Part Lot 17, Concession
8, Plan 51 R-15953, Part 1 (Oro), Township of Oro-Medonte, County of Simcoe,
(Municipally known as 560 Line 8 North), under Section 34 and 39 of the Planning Act,
R.S.O. 1990, c.P.13, as amended Roll # 4346-010-003-39001 .
b) 2022-020: A By-law to Authorize the Execution of a Temporary Use By-Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Brenda and Anthony Lucas
on lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51 R-
15953, Part 1 (Oro), Township of Oro-Medonte, County of Simcoe, (Municipally known
as 560 Line 8 North), under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13,
as amended Roll # 4346-010-003-39001 .
c) 2022-021: Being a By-Law to Authorize the Execution of an Agreement Between the
Township of Oro-Medonte and Ashley and Ryan McKnight to Allow for a Temporary
Trailer.
d) 2022-022: A By-law to amend the zoning provisions which apply to lands at 2937 Ridge
Road West, Concession 2 Part Lot 2 Reference Plan 51 R39788 Parts 2, 3, 5 and 6
(Oro), Township of Oro-Medonte 2021-ZBA-12 (Casiez).
Page 2 of 4
Page 4 of 17
4.a) Minutes of Council meeting held on Wednesday March 2, 2022.
Council Meeting Minutes — Wednesday, March 2, 2022.
Motion No. C220302-4
Moved by Scott, Seconded by Veitch
Be it resolved that
a) 2022-019: A By-law to allow a Temporary Use for a Garden Suite by Brenda and
Anthony Lucas on lands described as follows: Part of the East Part Lot 17, Concession
8, Plan 51 R-15953, Part 1 (Oro), Township of Oro-Medonte, County of
Simcoe,(Municipally known as 560 Line 8 North), under Section 34 and 39 of the
Planning Act, R.S.O. 1990, c.P.13, as amended Roll # 4346-010-003-39001;
b) 2022-020: A By-law to Authorize the Execution of a Temporary Use By-Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Brenda and Anthony Lucas
on lands described as follows: Part of the East Part Lot 17, Concession 8, Plan 51 R-
15953, Part 1 (Oro), Township of Oro-Medonte, County of Simcoe, (Municipally known as
560 Line 8 North), under Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as
amended Roll # 4346-010-003-39001 ;
140L, ANEW
c) 2022-021 : Being a By-Law to Authorize the Execution of an Agreement Between the
Township of Oro-Medonte and Ashley and Ryan McKnight to Allow for a Temporary
Trailer; AL "4� 'N
d) 2022-022: A By-law to amend the zoning provisions which apply to lands at 2937 Ridge
Road West, Concession 2 Part Lot 2 Reference Plan 51 R39788 Parts 2, 3, 5 and 6 (Oro),
Township of Oro-Medonte 2021-ZBA-12 (Casiez);
be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed
and sealed by the Mayor.
Carried.
6. Confirmation By-Law
a) By-Law No. 2022-025: Being a By-Law to Confirm the Proceedings of the Council
Meeting held on Wednesday, March 2, 2022.
Motion No. C220302-5
Moved by Greenlaw, Seconded by Keane
Be it resolved that By-Law No. 2022-025: Being a by-law to confirm the proceedings of the
Council meeting held on Wednesday, March 2, 2022 be read a first, second and third time,
passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor.
Carried.
Page 3 of 4
Page 5 of 17
4.a) Minutes of Council meeting held on Wednesday March 2, 2022.
Council Meeting Minutes — Wednesday, March 2, 2022.
7. Adjournment:
a) Motion to Adjourn.
Motion No. C220302-6
Moved by Scott, Seconded by DeSousa
Be it resolved that we do now adjourn at 7.36 p.m.
Carried.
Mayor, H.S. Hughes Deputy Clerk, Janette Teeter
Page 4 of 4
Page 6 of 17
5.a) 2022-031 : A By-law to allow a Temporary Use for a Garden Suite by J...
The Corporation of the Township of Oro-Medonte
By-law No. 2022-031
A By-law to allow a Temporary Use for a Garden Suite by
Jeffrey and Marianne Sharp
On lands described as follows:
Concession 14 East Part Lot 4 51 R15676; Part 1 (Medonte), Township of Oro-
Medonte, County of Simcoe, (Municipally known as 3516 Town Line) under
Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll #4346-020-004-21303
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 Concession 14 East Part Lot 4 51 R15676; Part 1
(Medonte), Township of Oro-Medonte, 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 3 years from the date of passing of this By-law.
By-law read a First, Second and Third time, and Passed this 6t" day of April, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, J. Teeter
Page 7 of 17
5.a) 2022-031 : A By-law to allow a Temporary Use for a Garden Suite by J...
Schedule "A"
Merrington3,
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® Subject Lands
® Lands Subject to Temporary Use By-law
Page 8 of 17
5.b) 2022-032, A By-law to Authorize the Execution of a Temporary Use By...
The Corporation of the Township of Oro-Medonte
By-law No. 2022-032
A By-law to Authorize the Execution of a Temporary Use By-Law Agreement
(Garden Suite) Between the Township of Oro-Medonte and Jeffrey and Marianne
Sharp
On lands described as follows:
Concession 14 East Part Lot 4 51R15676; Part 1 (Medonte), Township of Oro-
Medonte, County of Simcoe, (Municipally known as 3516 Town Line) under
Section 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll #4346-020-004-21303
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 Schedule "B", on lands described on the attached Schedule "A",
2. THAT the Mayor and Deputy 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;
3. THAT the attached Schedules "A" and "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 6t" day of April, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, J. Teeter
Page 9 of 17
5.b) 2022-032, A By-law to Authorize the Execution of a Temporary Use By...
Schedule "A"
�iNerrington_Ave.
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® Subject Lands
® Lands Subject to Temporary Use By-law
Page 10 of 17
5.b) 2022-032:A By-law to Authorize the Execution of a Temporary Use By...
Schedule "B"
To By-law 2022-032
This Agreement made the 6th of April, 2022
Between Jeffrey and Marianne Sharp
hereinafter called the "Owner"
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 Appendix 1
(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.
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5.b) 2022-032:A By-law to Authorize the Execution of a Temporary Use By...
2
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 6th day of April, 2042.
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 by the
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5.b) 2022-032:A By-law to Authorize the Execution of a Temporary Use By...
3
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: Jeffrey and Marianne Sharp
3516 Town Line
Oro-Medonte, Ontario
L3V OK4
Occupant: Gary and Bonnie Sharp
3516 Town Line
Oro-Medonte, Ontario
L3V OK4
Municipality: Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario
LOL 2E0
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.
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.
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5.b) 2022-032:A By-law to Authorize the Execution of a Temporary Use By...
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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.
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5.b) 2022-032: A By-law to Authorize the Execution of a Temporary Use By...
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In witness whereof the parties have hereunder set their hands and seals.
Signed, sealed and delivered in the presence of
Jeffrey Sharp, Owner
Marianne Sharp, Owner
Mayor, H.S. Hughes
Deputy Clerk, J. Teeter
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5.b) 2022-032: A By-law to Authorize the Execution of a Temporary Use By...
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Appendix "1"
to the Agreement Between
Jeffrey and Marianne Sharp
and The Corporation of the Township of Oro-Medonte
Description
Concession 14 East Part Lot 4 51 R15676; Part 1 (Medonte),
Township of Oro-Medonte, County of Simcoe,
(Municipally known as 3516 Town Line)
Page 16 of 17
6.a) By-Law No. 2022-036, Being a By-Law to Confirm the Proceedings of t...
The Corporation of the Township of Oro-Medonte
By-Law No. 2022-036
Being a By-Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, April 6,2022
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
6, 2022, 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 Land Tribunal 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 6t" day of April,
2022.
The Corporation of the Township of Oro-Medonte
XJ
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 17 of 17