05 25 2022 Council Agenda The Township of Oro-Medonte
Council Meeting Agenda
ft
o Electronic Meeting
0;Township of Wednesday, May 25, 2022
9:00 a.m. - Open Session
Proud Hcritn,qe,Excrrf kk Funfre Closed Session immediately following Open
Session
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.
Input on agenda items are welcome and encouraged.
The Township of Oro-Medonte has amended its Procedural By-law to allow for
electronic participation at Council meetings during a declared emergency.
Protocols have been established to advise how to participate in the public portions of
these meetings. Please visit the following links for additional information:
• Request for Open Forum or IDS Committee Participation Form
• Protocols for Public Participation Council and IDS Committee
All electronic Council meetings will be streamed live, where possible, on the Township
YouTube Channel. Council Agendas will continue to be published on the Civic Web
Meeting Agendas in advance of the meeting date in accordance with the Township's
Procedural By-law.
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:
Page 1 of 174
Council Meeting Agenda - May 25, 2022
The Township of Oro-Medonte acknowledges that we are situated on the
traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and
ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa
[Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee]
nations, collectively known as the Three Fires Confederacy. It continues
today as the home for diverse Indigenous Peoples including the historic
Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this
land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-
Council and the Williams Treaties First Nations. The Huron-Wendat Nation
also continues to pay respect and protect their ancestors and heritage on this
land. We honour the Indigenous history and culture that has thrived for
millennia in this territory and the Treaties that bind us together as partners in
the spirit of a shared sustainable and prosperous future. We are all Treaty
People. Our commitment begins with acknowledging the Truth so that we
can move forward together towards Reconciliation.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Closed Session Items:
a) Motion to go In Closed Session.
b) Motion to Rise and Report.
c) Robin Dunn, CAO re: Solicitor-client privilege (West 1/2 Lot 11, Concession
8).
5. Minutes of Council and Committees:
5 - 14 a) Minutes of Council meeting held on Wednesday, May 11, 2022.
15 - 40 b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
6. Recognition of Achievements:
None.
7. Public Meetings:
None.
8. Deputations/Presentations:
None.
Page 2 of 174
Council Meeting Agenda - May 25, 2022
9. Open Forum:
The Open Forum provides an opportunity for the public to provide verbal
comments to Council, in Open Session, on matters scheduled on the current
agenda. Refer to Procedural By-Law No. 2017-165 for additional
information.
10. Reports of Municipal Officers for Action:
41 - 54 a) Robin Dunn, CAO re: COVID-19 Summary.
55 - 60 b) DS2022-075, Andria Leigh, Deputy CAO/Director of Development Services
re: Development Services Committee Meeting Updates. [Refer to Item 17a)]
61 - 64 c) OCS2022-014, Justin Metras, Manager, Infrastructure and Capital Projects,
re: 2022 Guiderail Program.
65 - 69 d) OCS2022-015, Justin Metras, Manager, Infrastructure and Capital Projects,
re: Speed Limit Review Various Locations.
11. Reports of Municipal Officers for Information Only:
None.
12. Reports of Members of Council:
a) Updates from Council Representatives — County of Simcoe and Township
Partners and Agencies.
Provides an opportunity for the Township's representatives at the County of
Simcoe, and the Council members appointed as the Township's
representatives at the Township's Partners and Agencies, to deliver updates
on the activities of the County of Simcoe and the Township's Partners and
Agencies.
13. Announcements:
14. Consent Agenda:
a) Announcements of Interest to the Public
70 - 85 b) Correspondence dated May 9, 2022 from Ontario Land Tribunal (OLT) re:
OLT Case No. OLT-21-001770, Bruce North, 363 Line 12 North, Oro-
Medonte.
Staff Recommendation: Receive for Information Only.
86 - 162 c) Correspondence dated May 12, 2022 from Ontario Land Tribunal (OLT) re:
OLT Case No. OLT-22-003583, Horseshoe Valley Developments (2018) Inc.,
Part of Lot 4, Concession 4, Oro-Medonte.
Staff Recommendation: Receive for Information Only.
Page 3 of 174
Council Meeting Agenda - May 25, 2022
163 d) Correspondence dated April 3, 2022 from Candy Keillor, Community
Engagement Specialist, Operations Smile Canada, Re: Request to Proclaim
June 19, 2022 as "Longest Day of SMILES®".
Staff Recommendation: Receive, Proclaim, Advise under the Mayor's
Signature.
15. Communications/Petitions:
None.
16. Notice of Motions:
None.
17. By-Laws:
164 - 165 a) 2022-051: A By-law to Constitute and Appoint a Development Services
Committee and to Repeal By-law 2021-012.
166 - 171 b) 2022-052: A By-law to adopt the estimates of all amounts required during the
year and for levying the tax rates for year 2022.
172 c) 2022-053: A By-law to Amend By-law 2021-088, a By-law to Appoint Building
Inspectors.
173 d) 2022-054: A By-law to Amend By-law 2022-038, a By-law to Appoint
Municipal Law Enforcement Officers/ Provincial Offences Officers.
18. Closed Session Items (Unfinished Items):
19. Confirmation By-Law:
174 a) 2022-055 Confirmation By-law
20. Adjournment:
a) Motion to Adjourn.
Page 4 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
The Township of Oro-Medonte
Council Meeting Minutes
Township of
Electronic Meeting
Proud Heritage,Exciting Future
Wednesday, May 11, 2022 9:00 a.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 Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Andria
Present: Leigh, Deputy CAO/Director, Development Services; Michelle Jakobi,
Director, Environmental Services; Shawn Binns, Director, Operations and
Community Services; Hugh Murray, Director, Fire & Emergency
Services/Fire Chief; Tamara Obee, Director, Human Resources; Janette
Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko,
Information Technology Technician (IT)
All Council and staff participated via Zoom platform.
1. Call to Order - Moment of Reflection:
The Township of Oro-Medonte acknowledges that we are situated on the traditional land of
the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat.
The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi
[boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It
continues today as the home for diverse Indigenous Peoples including the historic Metis
Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this land, specifically
the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties
First Nations. The Huron-Wendat Nation also continues to pay respect and protect their
ancestors and heritage on this land. We honour the Indigenous history and culture that has
thrived for millennia in this territory and the Treaties that bind us together as partners in the
spirit of a shared sustainable and prosperous future. We are all Treaty People. Our
commitment begins with acknowledging the Truth so that we can move forward together
towards Reconciliation.
Page 1 of 10
Page 5 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
Motion No. C220511-1
Moved by Greenlaw, Seconded by Veitch
Be it resolved that the agenda for the Council meeting of Wednesday, May 11, 2022 be
received and adopted.
Carried.
3. Disclosure of Pecuniary Interest:
None declared.
4. Closed Session Items:
None.
5. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday, April 27, 2022.
b) Minutes of Joint Accessibility Advisory Committee meeting held on Thursday, April
21, 2022.
Motion No. C220511-2
Moved by Keane, Seconded by DeSousa
Be it resolved that th ''
a) Minutes of the Council meeting held on Wednesday, April 27, 2022
be received and adopted as printed and circulated; and that the
b) Minutes of the Joint Accessibility Advisory Committee meeting held on Thursday,
April 21, 2022
be received.
Carried.
Page 2 of 10
Page 6 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes - Wednesday, May 11, 2022.
6. Recognition of Achievements:
None.
7. Public Meetings:
None.
8. Deputations/Presentations:
a) Presentation by Inspector Coyer Yateman, Detachment Commander, Orillia
Detachment, Ontario Provincial Police (OPP) re: Quarter 1 (January, February, March
2022) Statistic Update.
Motion No. C220511-3
Moved by Veitch, Seconded by Scott
Be it resolved that the presentation and correspondence provided by Inspector Coyer
Yateman, Detachment Commander, Orillia Detachment, Ontario Provincial Police (OPP) re:
Quarter 1 (January, February, March 2022) Statistic Update be received.
%ler"4% - Carried.
b) Deputation by Marta Chyczij, Program Advisor; and Malanka Nazarowicz, Program
Coordinator, Ukrainian National Federation of Canada (UNF), re: Programmes for
Displaced Families.
aw
Motion No. C220511-
Moved by DeSousa, Seconded by Keane
Be it resolved
1. That the deputation and correspondence provided by Marta Chyczij, Program Advisor;
and Malanka Nazarowicz, Program Coordinator, Ukrainian National Federation of
Canada (UNF), re: Programmes for Displaced Families be received and
2. That staff report back on opportunities for the Township and community to support the
efforts of the Ukrainian National Federation of Canada (UNF).
Carried.
Page 3 of 10
Page 7 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
9. Open Forum:
One (1) individual provided comments regarding Item 10b).
10.Reports of Municipal Officers for Action:
a) ES2022-03, Michelle Jakobi, Director, Environmental Services re: Fees & Charges By-
law Amendment (Schedules J & K), on behalf of Freed Developments [Refer to Item
17f)].
Motion No. C220511-5
Moved by Hough, Seconded by Greenlaw
Be it resolved
1. That ES2022-03, Michelle Jakobi, Director, Environmental Services re: Fees & Charges
By-law Amendment (Schedules J & K), on behalf of Freed Developments be received and
adopted.
2. That all references to Skyline identified in Schedules J (Drinking Water) and K
(Wastewater Treatment) of the Township's Fees and Charges By-law 2021-130 be
amended to reflect the ownership change from Skyline to Freed Developments.
3. That the appropriate draft by-law be brought forward for Council's consideration.
4. That the applicable parties be notified under the Director, Environmental Services'
signature.
Carried.
Page 4 of 10
Page 8 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
b) OCS2022-13, Shawn Binns, Director, Operations and Community Services re: Line 15
North Traffic Calming Follow-Up.
Motion No. C220511-6
Moved by DeSousa, Seconded by Keane
Whereas Council through Motion No. C220323-9 endorsed Staff Report OCS2022-10 and
consideration of Option 2a - Directional closure of Line 15N from Hwy 12 to Bass Lake
Sideroad subject to additional community consultation and reporting back to Council for
further direction/decision following the consultation program;
And Whereas Staff Report OCS2022-13 reviews the feedback received from the public and
the public service agencies and provides a recommendation that additional traffic calming be
implemented prior to implementing a directional closure;
And Whereas the continued growth and development in the West Orillia area will continue to
compound the traffic concerns on Line 15N; N06, law
And Whereas previous attempts by the Township to address the traffic concerns through
traffic calming have had limited impact;
wk 46h6 IV
And Whereas additional feedback from residents on Line 15N and adjacent side streets has
been received and considered following the publishing of Report OCS 2022-13;
And Whereas staff have had further discussions with public service agencies regarding the
potential impacts of a directional closure;
Now therefore be it resolved that:
1. That OCS2022-13, Shawn Binns, Director, Operations and Community Services re: Line
15 North Traffic Calming Follow-Up be received;
2. That Council deems it appropriate to advance Option 2a being a north bound directional
closure with additional traffic calming as outlined in Report OCS2022-10 to address
traffic concerns in an expedient manner for a 1 year pilot project;
3. That Staff continue to work with public service agencies on the implementation of a
directional closure pilot project;
4. That a communication and education program be coordinated to support the
implementation;
5. That Council approve an allocation of$5,000 from the Police Services Reserve Fund to
provide for targeted traffic enforcement as a pilot project.
6. That staff report back through the Traffic Safety Task Force and provide an update to
Council following the 1 year pilot project.
Unanimously Carried.
Page 5 of 10
Page 9 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
11.Reports of Municipal Officers for Information Only:
a) Robin Dunn, CAO re: Update on COVID-19 Actions.
Motion No. C220511-7
Moved by Keane, Seconded by Veitch
Be it resolved that the report, as listed under Item #11, Reports of Municipal Officers for
Information Only, be received:
a) Robin Dunn, CAO re: Update on COVID-19 Actions..'
Carried.
12. Reports of Members of Council:
a) Updates from Council Representatives — County of Simcoe and Township Partners
and Agencies.
The following members of Council provided updates: Mayor H.S. Hughes; Deputy
Mayor Hough; Councillors Veitch, Keane, Scott, and Greenlaw.
b) Councillor Scott re: Request for Consideration to Reschedule July 13, 2022 Council
meeting.
Motion No. C220511-8
Moved by Scott, Seconded by Hough
%�4
Be it resolved X 'X
1. That the information and correspondence presented by Councillor Scott re: Request for
Consideration to Reschedule July 13, 2022 Council meeting be received.
2. That the July meetings for Council and Development Services Committee be
rescheduled to:
• Council - Wednesday, July 6, 2022; and
• Development Services Committee - Thursday, July 7, 2022.
3. That staff proceed accordingly.
Carried.
13.Announcements:
The following members of Council provided Announcements: Mayor H.S. Hughes.
Page 6 of 10
Page 10 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
14.Consent Agenda:
a) Announcements of Interest to the Public:
1. Township of Oro-Medonte, Notice of Open House, Official Plan Review for the
Township of Oro-Medonte, May 18, 2022, 5:30-7:30 p.m.
2. Township of Oro-Medonte, Notice of Office Closure, Monday, May 23, 2022, Victoria
Day.
b) Minutes of Barrie Public Library Board meeting held on Thursday, February 24, 2022.
Staff Recommendation: Receive for Information Only.
c) Minutes of Lake Simcoe Region Conservation Authority meeting held on March 25,
2022.
Staff Recommendation: Receive for Information Only.
d) Minutes of Nottawasaga Valley Conservation Authority meeting held on March 25, 2022
and highlights of the meeting held on April 22, 2022.
Staff Recommendation: Receive for Information Only.
e) Severn Sound Environmental Association re: Joint Municipal Service Board, 2021 Fourth
Quarter (Q4) Meeting held on January 27, 2022; SSEA Board Meeting Highlights dated
April 28, 2022; SSEA 2022 1 st Quarter (Jan. 1 - Mar. 31) Report/Update.
Staff Recommendation: Receive for Information Only.
Motion No. C220511-9 1\
Moved by Veitch, Seconded by Kean
Be it resolved that the staff recommendations with respect to the items listed under "Consent
Agenda Correspondence" be adopted as printed:
a) Announcements of Interest to the Public:
1. Township of Oro-Medonte, Notice of Open House, Official Plan Review for the
Township of Oro-Medonte, May 18, 20227 5:30-7:30 p.m.
2. Township of Oro-Medonte, Notice of Office Closure, Monday, May 23, 2022, Victoria
Day.
b) Minutes of Barrie Public Library Board meeting held on Thursday, February 24, 2022.
Received for Information Only.
c) Minutes of Lake Simcoe Region Conservation Authority meeting held on March 25,
2022.
Received for Information Only.
d) Minutes of Nottawasaga Valley Conservation Authority meeting held on March 25, 2022
and highlights of the meeting held on April 22, 2022.
Received for Information Only.
e) Severn Sound Environmental Association re: Joint Municipal Service Board, 2021
Fourth Quarter (Q4) Meeting held on January 27, 2022; SSEA Board Meeting Highlights
dated April 28, 2022; SSEA 2022 1 st Quarter (Jan. 1 - Mar. 31) Report/Update.
Received for Information Only.
Carried.
Page 7 of 10
Page 11 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
15.Communications/Petitions:
None.
16.Notice of Motions:
None.
17.By-Laws: A#6,
a) 2022-040: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting
of traffic and parking on highways under the jurisdiction of The Corporation of the
Township of Oro-Medonte.
b) 2022-043: A By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and The Barrie Public Library Board For a Term of Two Years and to
Repeal By-law No. 2021-043.
c) 2022-044: By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and Coldwater Public Library Board For a Term of One Year and to
Repeal By-law No. 2021-045. it
d) 2022-045: A By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and The Orillia Public Library Board For a Term of Two Years And to
Repeal By-law No. 2021-044.
e) 2022-046: A By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and The Midland Public Library Board For a Term of One Year And to
Repeal By-law No. 2021-046.
f) 2022-049: A By-Law to Amend By-Law, 2021-130, "A By-law of The Corporation of the
Township of Oro-Medonte to Provide for the Imposition of Fees or Charges" (Fees and
Charges By-law).40
Page 8 of 10
Page 12 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
Motion No. C220511-10
Moved by DeSousa, Seconded by Greenlaw
Be it resolved that By-Law Nos. 2022-040, 2022-043, 2022-044, 2022-045, 2022-046, and
2022-049
a) 2022-040: A By-law to Amend By-law No. 2021-005, A By-law to provide for restricting of
traffic and parking on highways under the jurisdiction of The Corporation of the Township
of Oro-Medonte;
b) 2022-043: A By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and The Barrie Public Library Board For a Term of Two Years and to
Repeal By-law No. 2021-043;
c) 2022-044: By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and Coldwater Public Library Board For a Term of One Yearand to Repeal
By-law No. 2021-045;
d) 2022-045: A By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and The Orillia Public Library Board For a Term of Two Years And to
Repeal By-law No. 2021-044; it `q�
e) 2022-046: A By-law to Authorize the Execution of a Contract between The Township of
Oro-Medonte and The Midland Public Library Board For a Term of One Year And to
Repeal By-law No. 2021-046;
f) 2022-049: A By-Law to Amend By-Law, 2021-130, "A By-law of The Corporation of the
Township of Oro-Medonte to Provide for the Imposition of Fees or Charges" (Fees and
Charges By-law); %k `%,
be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed
by the Mayor.
Carried.
18.Closed Session Items (Unfinished Items):
None.
Page 9 of 10
Page 13 of 174
5.a) Minutes of Council meeting held on Wednesday, May 11 , 2022.
Council Meeting Minutes — Wednesday, May 11, 2022.
19.Confirmation By-Law:
a) 2022-050: Being a by-law to confirm the proceedings of the Council meeting held on
Wednesday, May 11, 2022.
Motion No. C220511-11
Moved by Hough, Seconded by Scott
Be it resolved that By-Law No. 2022-050: Being a by-law to confirm the proceedings of the
Council meeting held on Wednesday, May 11, 2022 be read a first, second and third time,
passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
20.Adjournment:
a) Motion to Adjourn.
Motion No. C220511-12
Moved by Scott, Seconded by Hough
Be it resolved that we do now adjourn at 11.42 a'.
Carried.
Mayor, H.S. Hughes Clerk, Yvonne Aubichon
Page 10 of 10
Page 14 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
The Township of Oro-Medonte
Heritage Committee Meeting Minutes
Township of
Electronic Meeting
Proud Heritage,Exciting Future
Monday, May 16, 2022 5:07 p.m.
Present: Mayor H.S. Hughes
Councillor Tammy DeSousa
Stephen Davids At
Ruth Fountain (arrived @ 5.25 p.m. during Item 5a)
Dorothy Moore (arrived @ 5.25 p.m. during Item 5a)
Kayla Thibeault
Bob Tudhope
Jess Woodrow
Regrets: Councillor Cathy Keane, Chair
Staff Present: Andria Leigh, Deputy CAO/Director, Development Services; Catherine
McCarroll, Intermediate Planner; Janette Teeter, Supervisor, Clerk's
Services/Deputy Clerk
AMErr" --qqm %k Aj%hoh",V
All Committee members and staff participated via ZOOM platform.
Councillor DeSousa assumed the Chair and called the meeting to order.
1. Agenda Approval:
a) Motion to Approve the Agenda.'
Motion No. HC220516-1
Moved by Thibeault, Seconded by Davids
It is recommended that the agenda for the Heritage Committee meeting held on
Monday, May 16, 2022 be received and approved.
Carried.
2. Disclosure of Pecuniary Interest:
None declared.
Page 1 of 5
Page 15 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Heritage Committee Minutes — Monday, May 16, 2022.
3. Approval of Minutes of Previous Meeting:
a) Minutes of Heritage Committee meeting held on Monday, March 21, 2022.
Motion No. HC220516-2
Moved by Woodrow, Seconded by Tudhope
It is recommended that the draft minutes of Heritage Committee meeting held on
Monday, March 21, 2022 be received and approved as printed and circulated.
Carried.
4. Communications:
a) Community Heritage Ontario, CHOnews, Quarterly Publication, Spring, 2022.
Motion No. HC220516-3
Moved by Thibeault, Seconded by Wo row
It is recommended that the Community Heritage Ontario, CHOnews, Quarterly
Publication, Spring, 2022 be received.
or-,q% Carried.
b) Correspondence dated March 15, 2022 from The Municipality of Mississippi Mills and
correspondence dated December 6, 2021 from The County of Prince Edward re:
Funeral, Burial and Cremation Services Act, 2002 and Ontario Regulations 30/11.
Motion No. HC220516-4'
Moved by Thibeault, Seconded by Tudhope
It is recommended
1. That the correspondence dated March 15, 2022 from The Municipality of Mississippi
Mills and correspondence dated December 6, 2021 from The County of Prince
Edward re: Funeral, Burial and Cremation Services Act, 2002 and Ontario
Regulations 30/11 be received.
2. That it is recommended to Council that the correspondence, as outlined by The
County of Prince Edward, be supported.
3. That the Municipality of Mississippi Mills and The County of Prince Edward be
advised under the Mayor's signature.
Carried.
Page 2of5
Page 16 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Heritage Committee Minutes — Monday, May 16, 2022.
5. Reports of Committee Members/Staff:
a) Kayla Thibeault, Draft Motion for Consideration re: Real Estate Associations / Process
for Identifying Heritage Properties.
Motion No. HC220516-5
Moved by Thibeault, Seconded by Woodrow
Whereas the celebration and recognition of local heritage and culture is identified and
supported within the Ontario Heritage Act; Adir
And Whereas the Ontario Heritage Act provides legal authority for Council for the
Township of Oro-Medonte, and Councils throughout Ontario, to recognize and preserve
the history of our community;
And Whereas the heritage designation process is open, transparent and includes
extensive opportunities for appointed heritage committee consultation as well as
consultation from the general public;
And Whereas purchasers of properties seek the services of professionals, including realtors
and lawyers, to be notified of all information associated with properties prior to purchasing;
And Whereas an appropriate accountability system exists within the real estate
environment for professionals to be knowledgeable of the heritage designated status
and the applicable heritage attributes of designated properties;
Now Therefore it is recommended to Council that correspondence be forwarded under
the Mayor and Heritage Committee Chair's signatures, to representatives of the Barrie
and Area and Orillia and Area real estate associations to provide education information
in matters related to cultural heritage resource conservation including awareness of
heritage, heritage planning and Ontario Heritage Act listings and designations located
within the Township.
N%h, 'I Carried.
b) Mayor H.S. Hughes re: Potential Future Development Opportunities for Oro African
Church.
Motion No. HC220516-6
Moved by Tudhope, Seconded by Fountain
It is recommended that the verbal information presented by Mayor H.S. Hughes re:
Potential Future Development Opportunities for the Oro African Church be received.
Carried.
Page 3of5
Page 17 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Heritage Committee Minutes — Monday, May 16, 2022.
c) Mayor H.S. Hughes re: Oro African Church Restoration Plaque.
Motion No. HC220516-7
Moved by Moore, Seconded by Tudhope
It is recommended
1. That the verbal information and correspondence presented by Mayor H.S. Hughes
re: Oro African Church, Restoration Plaque be received.
2. That it is recommended to Council that staff consult and coordinate with Mr.
Crawford with the drafting of the proposed exterior Restoration and Recognition
Plaque, consistent with the language contained on the interior Oro African
Methodist Episcopal Church plaque and report back to the Heritage Committee on
the final plaque/sign wording and cost estimate for further consideration.
IV X, Carried.
d) Catherine McCarroll, Intermediate Planner re: Rugby Cemetery Update.
Motion No. HC220516-8 V 'N
Moved by Fountain, Seconded by Thibeault
Sj4,,,'
It is recommended ANNAWII� INK
1. That the correspondence presented by Catherine McCarroll, Intermediate Planner
re: Rugby Cemetery Update be received.
2. That it is recommended to Council that the following be listed and added to the
Municipal Register of Municipally Significant and/or Cultural Heritage Properties:
• Rugby Cemetery.
3. That staff proceed accordingly.
Carried.
Page 4of5
Page 18 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Heritage Committee Minutes — Monday, May 16, 2022.
e) Catherine McCarroll, Intermediate Planner, correspondence dated April 7, 2022 from Su
Murdoch Historical Consulting re: Designating the Oro-Medonte Rail Trail Under the
Ontario Heritage Act.
Motion No. HC220516-9
Moved by Woodrow, Seconded by Davids
It is recommended
1. That the correspondence dated April 7, 2022 from Su Murdoch Historical Consulting
and presented by Catherine McCarroll, Intermediate Planner re: Designating the
Oro-Medonte Rail Trail under the Ontario Heritage Act be received.
2. That it is recommended to Council that staff coordinate, with Su Murdoch Historical
Consulting, a reduced and revised Phase 1 Cultural Heritage Assessment, using
resources currently available.
3. That the matter be brought forward to the September, 2022 Heritage Committee
meeting.
Carried.
6. Next Meeting Date:
Monday, September 19, 2022
7. Adjournment:
a) Motion to Adjourn.
Motion No. HC220516-10
Moved by Stephen, Seconded by Fountain
It is recommended that we do now adjourn at 6.31 p.m.
N4r Carried.
Councillor DeSousa, Chair Janette Teeter, Deputy Clerk
Page 5of5
Page 19 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
The Corporation of the
Municipality of Mississippi Mills
Council Meeting
Resolution Number 079-22
Title: Information List#05-22 Township of South Glengarry Resolution re: Abandoned
Cemeteries
Date: Tuesday, March 15, 2022
Moved by Councillor Holmes
Seconded by Councillor Dalgity
BE IT RESOLVED THAT the Council of the Municipality of Mississippi Mills hereby supports Prince
Edward County's call for government action concerning the current legislation and regulations
surrounding municipal requirements to take over and maintain abandoned operating cemeteries;
AND FURTHERMORE that a copy of this resolution be sent to the Minister of Government &
Consumer Services, ROMA, the Eastern Ontario Wardens Caucus and all Ontario municipalities.
CARRIED
I, Casey Munro, Deputy Clerk for the Corporation of the Municipality of Mississippi Mills, do hereby
certify that the above is a true copy of a resolution enacted by Council.
Casey (Munro, Deputy Clerk
Page 20 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
From the Office of the Mayor
The Corporation of the County of Prince Edward L":'�
• �
Shire Hall,332 Main St. Picton,ON KOK 2T0 0.
T:613.476.2148 x1001 F:613.476.5727
The County sferguson@pecounty.on.ca www.thecounty.ca
PRINCE EDWARD COUNTY+ONTARIO
December 6, 2021
Mayor Robin Jones
ROMA Chair
30 Bedford Street
P.O. Box 68
Westport, ON KOG 1X0
Sent by Email: rjones@villageofwestport.ca
Dear Mayor Jones:
RE: Funeral, Burial and Cremation Services Act, 2002 and Ontario Regulations 30/11
1 am writing you on behalf of the County of Prince Edward (PEC) to express our concerns
about the current legislation and regulations that require municipalities to take over and
maintain pioneer (closed) and abandoned operating cemeteries when volunteers or owners
can no longer manage them. As with other rural communities in Ontario, PEC is facing
increasing financial and operational pressures due to obligations the current legislation, the
Funeral, Burial and Cremation Services Act, 2002 and Ontario Regulations 30/11, and believe
that the magnitude of the problem warrants action.
We are asking that ROMA act on our collective behalf to find some solution to this growing
financial obligation.
When municipalities take over the management of abandoned, closed or neglected
cemeteries they must deal with the following:
• acquiring ownership of the cemetery land;
• there is no care and maintenance trust fund, or it is too small to generate the interest
needed to cover annual maintenance costs (grass cutting, brushing, tree removal);
• the cemetery is full or closed so there is no revenue from sales of interments rights;
• the property has been neglected and needs extensive maintenance to bring into
compliance with the legislative requirement of making a safe environment for visitors and
workers—Trees & brush removed, monuments stabilized etc.; and
• the records of burials are incomplete or even nonexistent so if there is still room in the
cemetery the selling of internment rights will be problematic.
The initial costs of assuming the cemeteries will vary on the size and condition of the cemetery
being turned over however they can be quite substantial. Annual costs of maintaining a closed
11 (' ",
Page 21 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
or active cemetery, grass cutting, weed wiping, brushing repair of sunken graves, fencing,
tree removal, monuments will also vary from cemetery to cemetery.
While we acknowledge there is some history and cultural significance to pioneer cemeteries,
the care and maintenance costs are increasingly hard to justify to the tax-paying public who
have little or no personal or emotional attachment to these abandoned properties. Many are
small parcels of land in out of the way rural settings which are not easy to access. At a time
when municipalities are recognizing and declaring a climate emergency, the energy and
resources that are required for ongoing grass cutting and tree/vegetation maintenance and
the resultant CO2 emissions is hard to justify to the public.
To use our current situation as an example, a list of cemeteries in Prince Edward County
completed in the mid 1980's identified 76 cemeteries. Currently, PEC manages and operates
53 of those cemeteries; 46 are designated as pioneer (no longer open for sales) and 7 are
active (open for sales and interment) and one for interment but no sales. Of the remaining 15
cemeteries, 3 have already inquired about the process for turning the cemetery over to the
municipality.
We would like the government to consider the following:
• Develop a grant program that:
— Provides seed money to properly fund the initial costs of taking over a cemetery; and
— Annually helps cover the ongoing costs of maintenance and care that the legislation
and regulations require.
• Change the legislation to provide relief to rural municipalities that cannot bear the costs
downloaded to overburdened taxpayers. A consideration in this regard would be:
— To allow municipalities the opportunity to choose whether there is any historical
/cultural significance justifying taking it over.
We hope that action is taken to address the increasing financial and operational pressures
due to obligations in the current legislation. We welcome the opportunity to discuss the matter
further in a meeting with the goal of resolving these concerns.
Yours since
Steve rguson
Mayor
C.c. Members of Council
M. Wallace, CAO
Hon. Ross Romano, Ministry of Government & Consumer Services
Hon. Todd Smith MPP, Bay of Quinte
Eastern Ontario Warden's Caucus
Cemetery Advisory Committee
2 � i' ., y =
Page 22 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Verbal Matters
�--� � (Section 13.3 of Township's
T°w"shrp°f Procedural By-Law No. 2017-165)
Proud Heritage,Exciting Future
Name: Kayla Thibeault, Committee Member
Item Number/Name: 6a) Real Estate Associations / Process for Identifying Heritage
Properties
Meeting Date: May 16, 2022
Motion No.:
Type of Meeting: ❑ Council ❑ Special Council
❑ Development Services Committee
❑ Accessibility Advisory Committee
X❑ Heritage Committee
❑ Human Resources Committee
Draft motion below, for discussion with the Committee, to provide education material to the
representative(s) from the Barrie and Area and / or Orillia and Area real estate associations:
Whereas the celebration and recognition of local heritage and culture is identified and
supported within the Ontario Heritage Act;
And Whereas the Ontario Heritage Act provides legal authority for Council for the Township of
Oro-Medonte, and Councils throughout Ontario, to recognize and preserve the history of our
community;
And Whereas the heritage designation process is open, transparent and includes extensive
opportunities for appointed heritage committee consultation as well as consultation from the
general public;
And Whereas purchasers of properties seek the services of professionals, including realtors
and lawyers, to be notified of all information associated with properties prior to purchasing;
Page 23 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Verbal Matters
�--� � (Section 13.3 of Township's
T°w"shrp°f Procedural By-Law No. 2017-165)
Proud Heritage,Exciting Future
And Whereas an appropriate accountability system exists within the real estate environment
for professionals to be knowledgeable of the heritage designated status and the applicable
heritage attributes of designated properties;
Now Therefore it is recommended to Council that correspondence be forwarded under the
Mayor and Heritage Committee Chair's signatures, to representatives of the Barrie and Area
and Orillia and Area real estate associations to provide education information in matters
related to cultural heritage resource conservation including awareness of heritage, heritage
planning and Ontario Heritage Act listings and designations located within the Township.
Page 24 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Hi Harry:
Following our across-the-Kitchen-table discussion I have drafted some ideas for a new brass
plaque, `signed' by you, for the stone cairn at the Oro African Church.
need the name and contact number of a staff member to work with me to accurately
document:
i) details of the restoration of which I am not aware (I can draft most of those details
but there may be other interesting details);
ii) the names of(1 or 2) persons without whose wisdom the restoration might not
have been so successful;
iii) the names of organizations or agencies who were instrumental in the restoration,
such as Parks Canada heritage architects?
am assuming that donors to the project are recorded on a stone, separately, and therefore
should not be included in the brass plaque.
We need to picture visitors reading the plaque 50 to 100 years from now and noting
something interesting they read on it.
What can we compose that catches their imagination and awe?
1
Page 25 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Draft 1
An Additional Brass Plaque
For the Stone Cairn at
The Oro African Church
Proposed by
Tim Crawford, M.Ed.,s.o.
Local Historian and Author
April 2022
Heritage of The Church
This historian has reflected on the heritage of The Church, and carried out some internet
searches. Based on that research related to log churches, built by Blacks for Blacks, I have
tentatively concluded:
The Oro African Church is likely the oldest remaining log church built by
Blacks for Blacks on the whole globe.
Significant milestones of the heritage of The Oro African Church have been documented
and shared with the visiting public by means of plaques located at the site of The Church.
As examples:
i) there is a Federal Government plaque honouring the designation of the Church
and Cemetery as a national historic site;
ii) there is an Oro-Medonte plaque which clarifies (subtly corrects) the heritage of
the Church and celebrates on behalf of the citizens of Oro-Medonte the honouring of
the church by the designation of National Historic Site. The plaque was 'signed by
Mayor Beard';
iii) there is a small Federal plaque on a stone acknowledging the service of the Black
militia in the War of 1812.
As an aside: the above three plaques were drafted by a local historian. Guess who?
It is almost mandated that there be an additional plaque documenting and sharing with
visitors the significant project of the recent restoration of The Church. It would be an honour
for me to participate in the wording of this additional plaque.
Current Recommendation
In that the Church was totally restored and conserved ca. 2015 - 2016 (the years to be cor€ectediconfrmed
before final draft) as a result of heritage architects recommendations, fund-raising, dedication of
Township Staff, capped by the wisdom and commitment of Council, The Church was not
only conserved but fully restored following best heritage practices.
2
Page 26 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
This was the most si nificant milestone in the heritage of the roughly 165 year-
old log building, superceding the 1940s preservation —this was a once in a
centu -and-half restoration and conservation!
This restoration was not just a new roof, or new siding, but a thoughtful, careful
`overhaul' of the buildin while maintaininq its heritage values clear)
conserving it for at least another 100 years. It's preservation is and will be
profoundly appreciated by maM-.particularly those of Black heritage who
spiritually relate to the building!
Wording on the Proposed Brass Plaque
At the top, there could be a raised-brass outline of the Church being moved or some other
appropriate image, should such a clear image be available.
Working Title on the Plaque:
The Historic Restoration Of The Oro African Church
(dates 2014-2016 correct the years)
"Parts" or "paragraphs of the plaque"
Generally speaking the plaque should contain text of about 6 parts or paragraphs:
1. Aside from the headin or title, it could have...
paragraph ' q standing of the heritage of The Church.
confirming the under,
I will draft this, for at my advanced age I now have a passion to provide my final,
comprehensive, sensitive assessment of the profound heritage of The Church.
Ordinary historians just combine and compile various histories, whereas
special historians provide interpretation, relevance and context of that history.
Such 'context' is now available and should be incorporated in the proposed
plaque.
3. A paragraph outlining the nature of the recent historic restoration of The Church — in
essence, 'what was done to it' (1 could make an initial draft which could be rigorously edited
by `others-in-the-know');
4. A paragraph recording for history what might be called the 'movers and shakers' — those
who 'got the restoration project done' — mainly organizations, and perhaps the names of
persons, but such names are seldom included in the brass-plaque wording —we might have
to break tradition so as to include one or two names. In that a brass plaque is expensive
and contains a limited number of words, we must judiciously select each `word,' but those
words included should 'paint a picture of what recently happened' that was undue,
interesting and significant.
5. A statement (from the Mayor) of appreciation of the vision and co-operation of those
involved, 'dated and signed' by the Mayor, such as:
"Acknowledging valued special friends of the Church, and on behalf of Oro-Medonte
Citizens, and Council,
3
Page 27 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
(Date of plaque) Mayor, Harry Hughes"
Comments and Observations
It would be my honour to draft a current understanding of the heritage of the Church for the
2"d part.
Regarding Parts 3 and 4 etc., I need help in confirming relevant dates regarding the
restoration. Who at the Twp Office could I work with on this?
I need help in identifying 'influencers'who initiated and carried the project to completion. It is
not usual that such names be included but I feel we should bend the tradition and include
one or two names— persons without whom the project would not have taken place.
I realize the influence, creativity and dedication of the mayor and have a possible
strategy to include his significant dedication within this plague, although "signed" by
him. I'll provide this in the penultimate draft.
I need information about:
i) the years of the conservation and restoration;
ii) who was instrumental in conceiving it;
iii) who approved of it (I assume Council, but I'd require the year it was approved by
council if that year was readily available otherwise we could slip over the year);
iv) key consultants and Twp Staff involved, but their names may not be included in
the plaque, for that would not be part of'plaque tradition', but we should see how far
up the 'edit-chain' names go before being deleted due to space. (The plaque should
not be larger that Mayor Beard's plaque on the south side of the cairn, but could have
smaller fonts so as to get in more words. As an after-thought, the plaque could be
larger than Mayor Beard's for its merit is a once-in-2-century's project)
v) key organizations such as Parks Canada heritage architects, and fund-raisers—
not usually included in brass plaques but might be included. This would complement
but not include donors to the project already inscribed in stone on the site;
vi) any special mention by the Mayor.
I would welcome the names of contact persons with whom I could consult before the final
report is presented to the Mayor and Council.
Tim Crawford
425 Lakeshore Rd E
Oro-Medonte, ON LOL2E0
705 487 2574
4
Page 28 of 174
ieritage Committee meeting held on Monday, May 16, 2022.
Appendix B
Township ot�/�
Proud Heritage,Exciting Future Township of Oro-Medonte
Cultural Heritage Resource Evaluation Form
Address: 1933 Old Barrie Road East
Period:
Recorder Name: Catherine McCarroll
Description: Rugby Cemetery
Photographs: Front Facade ❑ Left Facade ❑ Right Facade ❑
Rear Facade ❑ Details ❑ Setting o
Date:
May 10, 2022
Design of Physical Value
Style Is this a notable, rare or unique N/A v Unknown 0 No Yes
example of a particular
architectural style or type?
Construction Is this a notable, rare, unique N/A v Unknown No Yes
or early example of a particular
material or method of
construction?
Design Is this a particularly attractive or N/A v Unknown No Yes
unique structure because of the
merits of its design,
composition, craftsmanship or
details?
Does this structure N/A Unknown No Yes
demonstrate a high degree of
technical or scientific
achievement?
Notes:
There are no buildings on this property.
Contextual Value
Continuity Does this structure contribute N/A Unknown No Yes
to the continuity or character
of the street, neighbourhood
or area?
1
Page 29 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Contextual Value (Continued)
Setting Is the setting or orientation of N/A 7 Unknown 7 No 17 Yes
the structure or landscaping
noteworthy?
Does it provide a physical, N/A F Unknown F No F Yes 1
historical, functional or visual
link to its surroundings?
Landmark Is this a particularly important N/A F Unknown F No F Yes i
visual landmark within the:
❑ County;
❑ Township; or,
■ neighbourhood?
Completeness Does this structure have N/A F, Unknown F No F Yes F
other original outbuildings,
notable landscaping or
external features that
complete the site?
Notes:
Integrity
Site Does the structure occupy its N/A i Unknown F No F Yes F-
original site?
Note: if relocated, i.e.
relocated on its original site,
moved from another site, etc.
Alterations Does this building retain most N/A 7, Unknown F No F Yes F
of its original materials and
design features?
Is this a notable structure due N/A F, Unknown F No r` Yes r`
to sympathetic alterations that
have taken place over time?
2
Page 30 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Integrity (Continued)
Condition Is this building in good N/A Unknown No Yes
condition?
Notes:
Historical or Associative Value & Significance
Does this property or structure have strong N/A F Unknown r No ❑ Yes❑
associations with and/or contribute to the
understanding of a belief, person, activity,
organization or institution that is significant or
unique within the City?
Is the original, previous or existing use N/A Unknown No ❑ Yes❑
significant?
Does this property meet the definition of a Unknown No Yes 'r
significant built heritage resource or cultural
heritage landscape, as identified in the
Provincial Policy Statement under the Ontario
Planning Act?
A property or structure valued for the
important contribution it makes to our
understanding of the history of a place, an
event, or a person.
Names of the Original Owners: The property has no ownership.
Notes:
3
Page 31 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Township of Oro-Medonte Appendix B
Cultural Heritage Resource Evaluation Form
Further Action/Follow Up
a Add to Heritage Register
❑ High Priority for Designation
❑ Heritage District Potential
❑ Additional Research Required
❑ Additional Photographs Required Setting ❑ All Facades ❑ Details ❑
❑ Request Permission to Access Property
Other:
General Comments
The Rugby Cemetery has no ownership. It is maintained by the Township of
Oro-Medonte.
Date of Property Owner Notification. N/A - no ownership
Property Owner Name and Address. N/A - no ownership
■ Additional Information Attached
Attached Photo
Recommendation
Heritage Committee Recommendation Council Decision
Add to Heritage Register Add to Heritage Register
No Action — Keep on File No Action — Keep on File
Date: Date:
Notice of Collection: Information on this form is collected for the purposes authorized
under the Municipal Act 2001 , s. 8; in addition to heritage preservation, information
will be used to enhance municipal services being delivered to applicants or as the
applicant my require. All information is subject to the provisions of the Municipal
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M56. Questions
about this notice of collection should be directed to the Clerk's office at 705-487-2171
Revised June 2019
4
Page 32 of 174
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Page 35 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
SU MURDOCH HISTORICAL CONSULTING
47 RODNEY STREET, BARRIE, ON L4M 4136
705.737.7600 SUM URDOC@SYMPATICO.CA
April 7, 2022
Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, ON
LOL 2EO
Attention: Catherine McCarroll
cmccarrol I@oro-medonte.ca
PROJECT: DESIGNATING THE ORO-MEDONTE RAIL TRAIL UNDER THE ONTARIO HERITAGE ACT
This preliminary submission is in response to your inquiry about designating the Rail Trail in
Oro-Medonte Township under s.29 of the Ontario Heritage Act (municipal designation).
As your investigation demonstrated, there are few, if any, examples of a trail crossing multiple
properties being designated under the Ontario Heritage Act. Most are commemorated with
signage. It is an intriguing idea that may lead to the discovery of interesting features and historic
landmarks along a route that collectively forms a cultural heritage landscape. Determining how
protection of the Rail Trail can best be accomplished under the OHA will be part of the Scope of
Work.
This Draft Project Understanding and Scope of Work is only for purposes of discussion. The
strategy is to divide the project into two Phases. The outcome of Phase I would be a
recommendation on whether proceeding with designation is advisable. Phase 2 would be to
complete the work necessary for designation.
Please note that I have no expertise in the identification of natural (as opposed to cultural)
features, such as tree and floral species, ecosystems, etc.
This has been prepared for your review and further discussion. If the Project is to proceed, I will
finalize this Scope of Work and include a Summary of Credentials and Experience.
Sincerely,
DESIGNATION OF RAIL TRAIL DRAFT SCOPE OF WORK APRIL 2022 1 OF 5
Page 36 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
PROJECT: DESIGNATING THE ORO-MEDONTE RAIL TRAIL UNDER THE ONTARIO HERITAGE ACT
DRAFT PROJECT UNDERSTANDING AND SCOPE OF WORK,APRIL 7, 2022
PREAMBLE
The Township of Oro-Medonte is considering protection of the Rail Trail by applying s.29 of the
Ontario Heritage Act ("OHA") (municipal designation). This is a corridor of land crossing multiple
properties between the City of Barrie at the southwest and the northernmost point of the Trail
(entering at Woodland Avenue) at the City of Orillia.
Ontario Heritage Act
Section 29 of the OHA enables a municipality to designate by bylaw, real property that holds
cultural heritage value or interest as prescribed by Ontario Regulation 9/06: Criteria for
Determining Cultural Heritage Value or Interest ("O. Reg. 9/06"). The OHA defines Property, as
"means real property and includes all buildings and structures thereon."
Under s.29, a candidate property is researched and the criteria of O. Reg. 9/06 is applied to
determine if the property holds "cultural heritage value or interest' sufficient for designation. A
"statement of cultural heritage value or interest" is compiled. Any buildings or structures
(including cultural heritage landscapes, landmarks, and natural features that hold cultural
heritage value) that embody that value or interest are identified as heritage attributes. A legal
description of the real property, plus the statement of value or interest and description of the
heritage attributes, constitute the designating bylaw.
Of note is that s.29 typically is used for the protection of an individual property. There are
instances, for example archaeological sites and cultural heritage landscapes, where a s.29
bylaw applies to multiple properties. Part 5, Heritage Conservation Districts of the OHA applies
to multiple properties but has a different governance than s.29. The most effective governance
under the OHA for the Rail Trail will be investigated as part of this Project.
Natural Features
There is precedence in heritage conservation that a "natural" feature, such as a tree or floral
species or ecosystem type, can be protected under the OHA if its existence is the result of
human intervention or intent, and/or the feature has attained cultural heritage meaning. A
natural feature that is not the result of human intervention or intent cannot be protected under
the OHA. The identification of natural features is not included in this Project.
Rail Trail Ownership
Ideally, the Township of Oro-Medonte is the owner of every parcel of land containing the Trail. If
not, the OHA enables a municipality to issue a Notice of Intention to Designate a property
without the owner's permission. Obviously, there is a greater risk that the Notice for privately
DESIGNATION OF RAIL TRAIL DRAFT SCOPE OF WORK APRIL 2022 2 OF 5
Page 37 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
owned Trail lands will be appealed and the matter referred to Ontario Land Tribunal for a
hearing.
SCOPE OF WORK
Overall Strategy
The process leading to a designating bylaw for the Rail Trail begins with the identification (legal
descriptions) of the real property parcels involved. It is assumed that this information can be
supplied by the Township of Oro-Medonte municipal clerk and/or legal services.
Next would be researching the route corridor. This includes determining any geographic
correlation with indigenous pathways, colonial settlement roads, and the historic railway line.
This will determine the cultural heritage value or interest of the Trail corridor as a single entity.
Next is the identification of cultural features/landmarks that may qualify as heritage attributes.
This will involve compiling a list of known locations of interest and discovering new locations
through site visits, followed by site specific research, evaluation, and description (including
photographs).
If Phase 1 and Phase 2 of the Project are undertaken, the deliverable will be a final report of
findings and draft designating bylaw.
The following lists the currently anticipated tasks, divided into two Project Phases.
PHASE 1
Initial Property Identification and Historical Research
Review standard sources to identify any correlation between the Trail route and early pathways
of Indigenous persons
Undertake research to identify any correlation between the Trail route and early roadways built
for colonial settlers
Compile a chronology of the construction of the railway line from the arrival of Ontario, Simcoe
& Huron Union Rail Road at Allandale (1853), extension into Barrie (1865), extension from
Owen Street in Barrie, through Oro Township and north to Muskoka (1870s).
Compile a history of any railway related points of interest along the Trail corridor
Research the decline of passenger railway service that led to the last train in 1996 and removal
of the trackline through this area
DESIGNATION OF RAIL TRAIL DRAFT SCOPE OF WORK APRIL 2022 3 OF 5
Page 38 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Research the development of the former trackline as a municipal trailway
Examine historic and contemporary mapping of the route(s) and identify any deviations between
the historic pathways, roads, and rail line; and the contemporary Trail
Acquire from the municipal clerk and/or legal services, details of the acquisition of former
railway rights of way by the Township and identify parcels of land, if any, along the Trail that are
in private ownership or accessed through right of way agreements
Compile a list of known cultural features/landmarks along the Trail using existing trail guides,
publications, and databases. The intent is to begin identifying potential heritage attributes.
Consult with Oro-Medonte historical, nature, and walking club organizations to gain their
knowledge of the Trail
Consult with Trail users (such as through Ontario Trails and All Trails) who may have
knowledge of features/ landmarks, and anecdotal information
Describe the cultural heritage value or interest of the Trail
Compile a list of known cultural features/landmarks that may be heritage attributes
Advise the Township on the feasibility of proceeding with protection under the OHA
PHASE 2
Phase 2 is at the discretion of the Township of Oro-Medonte to proceed. Some adjustments will
be necessary if protection is not under s.29 of the OHA.
In-depth Research and Draft Designating Bylaw
Walk/cycle the Trail to identify and photograph cultural features/landmarks identified in Phase 1
and discover new features/landmarks that may qualify as heritage attributes
Research all features/landmarks deemed to contribute to the cultural heritage value or interest
of the Trail by using Title searches, land records, local history publications, etc.
Apply O. Reg. 9/06 criteria to all findings
Draft the Statement of Cultural Heritage Value or Interest and description of heritage attributes,
as required by the OHA
DESIGNATION OF RAIL TRAIL DRAFT SCOPE OF WORK APRIL 2022 4 OF 5
Page 39 of 174
5.b) Minutes of Heritage Committee meeting held on Monday, May 16, 2022.
Submit the report for review
Submit final report
PROFESSIONAL FEE AND DISBURSEMENTS (ESTIMATE ONLY)
Phase 1
Estimated $8,000
Phase 2
Estimated $10,000
Plus disbursements (estimate 10% of fee but charge at cost to include mileage @.50/km, office
expenses, OnLand.ca copy costs, reproductions, and other project expenses)
Plus HST
DESIGNATION OF RAIL TRAIL DRAFT SCOPE OF WORK APRIL 2022 5 OF 5
Page 40 of 174
COVID-19 Summary Update
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COVID-19 Summary
• Mayor Hughes declared a Township of Oro-Medonte State of Emergency on
March 23, 2020 and lifted the declaration April 27, 2022
• Throughout the course of the COVID-19 pandemic, action updates were
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provided to Council on a regular basis
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➢Given that regular and detailed updates were provided to Council throughout thes
Emergency, there is no requirement to provide a detailed recap summary report
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COVI D-19 Recovery Plan Update
• The Township developed, and continues to implement the Council endorsed
phased/graduated COVID-19 Recovery Plan:
Phase 1 — Reduced On-site Staffing, Closed to Public
Phase 2 —Additional On-site Staffing, Closed to Public o
Phase 3A—Open to Public, Appointment Only v
Phase 3B — Open to Public Began March 28, 2022 0
Phase 4 — Pandemic declared over Modified Phase 4 Anticipated Effective June 13, 2022 LT
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• We anticipate shifting to a modified Phase 4 of the Township's COVID-19
Recovery Plan following the Province of Ontario's decision regarding next D
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• Health, Wellness & Safety of Public & Staff
• Legal or Regulatory Requirements
• Continuity of Service Delivery to Customers
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• Selection of effective and available controls o
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Health and Safety
• Hazards and Controls
• Development of health & safety procedures and
screening processes
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COVID-19 Challenges
• Timing and impact of legislative/legal requirements directed by the
Province of Ontario and the Simcoe Muskoka District Health Unit
• Space & capacity in Township facilities to enable physical
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cleaning protocols
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• Effective Guiding Principals
• Phased Framework
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Financial Overview
• Throughout the COVID-19 pandemic, Provincial COVID-19 Safe Re-Start, COVID-19
Recovery, and Modernization funding were used to assist with implementation of
digital/online customer services, and to offset lost revenues and increased expenses
associated with managing COVID-19
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• As a follow-up to the March 23, 2022 budget reconciliation, the Township continues to 0
manage expenditures associated with the implementation of digital/online customer LT
service within Provincial funding and Township budget allocations o
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Council Meeting Format
• Following the Province of Ontario's decision regarding next steps associated with Ontario's
Reopening Plan, targeted for June 11 , 2022, effective June 13, 2022 we anticipate the return
of in-person meetings and the opportunity for public attendance at Council meetings
commencing June 22, 2022
➢ Council meetings will be conducted in a hybrid format, to enable participation virtually and in-person, fq'
members of the public and staff o
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• Electronic participation and livestreaming of Township meetings will continue to ensure 0
compliance with the Open Meeting requirements under Section 239(1) of the Municipal Act ::,
as it pertains to Open meetings for the Public
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• The Development Services Committee meetings for May through July will remain status qua
in a fully virtual format
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Province of Ontario & Simcoe Muskoka District
Health Unit Briefings
• Staff continue to receive briefing updates from Dr. Gardner, Medical Officer of
Health for the Simcoe Muskoka District Health Unit, and Dr. Steven Rebellato
Vice-President, Environmental Health Department for the Simcoe Muskoka
District Health Unit
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• As previously mentioned, the Township's Declared Emergency has been lifted
➢The Township's Emergency Control Group, and COVID-19 Recovery Planning Tearr�,
will meet as required, to review any future Provincial Updates and Simcoe Muskoka
District Health Unit guidance 0
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Oro-Medonte COVID-19 Recovery Plan
Modified Phase 4
• During Oro-Medonte's modified Phase 4, the following health & safety measures
will be in place effective June 13th:
➢Optional Masking - please continue to be kind and respectful of others choices
➢Passive screening - staff and patrons with signage posted at entrance doors v
➢Plexkglass barriers will remain in place
0
➢Cleaning protocols will remain in place in Township facilities
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➢Revisions to the Township's COVID-19 Vaccination Policy will be determined
with appropriate next steps D
• Anticipate presentation for Council consideration in June/July
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Looking Forward
• Continuing focus on Township guiding principles
• Learn from challenges and implement appropriate adjustments
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of the pandemic and emergency planning
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Thank You to the COVID-19 Recovery
Planning Team
• Garry McCartney, Chief Building Official (Lead)
• Jennifer Barrick, Environmental Systems Manager
• Jessica Martins, Senior Revenue Clerk v
• Melanie Brown, Deputy Chief Prevention & Life Safety o
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• Roz Llewellyn, Supervisor, Facilities & Parks o
• Ryan Johnston, Facility Operator
• Vanessa Cooper, Executive Assistant Mayor & Council and CAO D
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10.b) DS2022-075, Andria Leigh, Deputy CAO/Director of Development Servi...
Report (NGZ
Fraud Heritage, Exciting Future
Report No. To: Prepared By:
DS2022-075 Council Andria Leigh
Meeting Date: Subject: Motion #
May 25, 2022
Development Services
Roll #: Committee Meeting Updates R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended that:
1. That Report No. DS2022-075 be received and adopted.
2. That the proposed amendments to the "By-law to Constitute and Appoint a
Development Services Committee", as outlined in Report DS2022-75, be
brought forward for Council's consideration.
Background:
In 2015, the Township implemented a Development Services Committee structure to
streamline the existing Planning Advisory Committee and Committee of Adjustment
processes into one Committee reviewing all Development Applications. These changes
were implemented in accordance with the Township's Strategic Plan and a Process
Review completed in 2008 to eliminate redundant or duplicate processes and to
continue to improve service delivery and customer satisfaction.
The Development Services Committee (DCS) meetings occur on the first Wednesday of
every month with three monthly exceptions:
1. In July the meeting is held on the Thursday of the week in which the 15t" day falls
between Sunday and Thursday (the day following the Council meeting);
2. In August and December no meeting is scheduled
In the past 5 years the level of development activity has continued to increase and the
number of applications considered at each DSC meeting has also been increasing
resulting in the necessity for two scheduled meeting dates in a month on occasion or
"marathon" meetings.
At the start of the pandemic in 2020 and the need to continue with Public Meetings and
Public Hearings, the Township was able to pivot quickly to hold DSC meetings in a fully
Development Services May 25, 2022
Report No. DS2022-075 Page 1 of 6
Page 55 of 174
10.1�DS,��22-Q75, Apo is Leii�gh, Deputy CAC /Director of Dv�eloprpent Servi...
virtual orm t tha as a lowed both app Oki a en s and arger numbers 01 he ppublic
to participate in public meetings/public hearings than historically had been possible in
the Council Chambers due to the defined occupancy limits. The purpose of this report
is to provide some recommended adjustments to the DSC meetings some being
implemented for the balance of 2022 and others to be implemented with the new term of
Council (2022-2026).
Analysis:
Staff have reviewed the number of Public Meetings and Public Hearings that have been
scheduled for the monthly DSC meetings over the past 5 years as summarized below:
Development Services Committee
Public Meeting/Hearings
2022 2021 2020 2019 2018
Jan 7 9 5 10 10
Feb 5 9 8 7 2
Mar 9 6 11 11 4
Apr 15 10 - 13 17
May 18 15 6 6 12
Jun 11 7 10 7 7
July 16 8 13 11
Aug - - - - -
Sept 20 28 12 9
Oct 7 13 8 13
Nov 9 7 7 8
Dec 10 8 10 -
TOTAL 65 118 104 104 93
AVG 11 11 10 10 9
AVG 11 10 6 10 9
(To May
of year)
Note: - Indicates that no meeting was held/scheduled
The 2022 numbers already well exceeds the number of applications received from Jan-
June in each of the previous years and the level of application activity is not anticipated
to slow down for the balance of 2022.
Additionally, the application numbers above reflect solely the scheduled public meetings
and/or public hearings and do not include any other staff reports for discussion/decision
on a DSC meeting. These may include matters considered/deferred at a previous DSC
meeting or matters brought back with a final staff report following the Public Meeting.
Development Services May 25, 2022
Report No. DS2022-075 Page 2 of 6
Page 56 of 174
10.b) DS2022-075, Andria Leigh, Deputy CAO/Director of Development Servi...
While a DSC meeting has historically been held in the month of July every year, it is not
held on the first Wednesday of the month as occurs during the balance of the year. The
July DSC meeting is typically scheduled on the Thursday following the Council meeting
within the week of the 15t"day. It is recognized that, as a result of the decision at the
May 11 Council meeting, the 2022 July DSC meeting is scheduled for July 7t", 2022.
Further, no August meeting has historically been scheduled/held as this has also been
held the Thursday following the Council meeting within the week of the 15t"and this
timing has been challenging for staff due to the prescribed/legislated timelines for
notices, staff reports and notice of decisions and the regular scheduled September DSC
meeting being held two weeks following.
Given the on-going level of development activity and the nature of the building season,
staff are recommending that with the commencement of the next term of Council (2022-
2026) that the DSC meeting schedule be changed and that DSC meetings be held on
the first Wednesday of each month all year (a total of 12 meetings going forward instead
of the 10-11 meetings currently). Further it is recommended that the only exception to
this schedule would be the December meeting in the final year of a Council term which
conflicts with the Inaugural meeting of Council.
And finally as a result of the pandemic, staff have implemented a virtual DSC meeting
structure that has allowed applicants, agents, consultants, and the public to participate
and provide feedback at each meeting. On applications where there are a larger
number of the public wishing to participate, the virtual format does not have the same
constraints as the current occupancy limit of the Council Chambers. This format also
allows the public to participate from the convenience of their residence rather than
community to the Township facilities for potentially a 10 minute hearing. The virtual
format also allows all planning staff to participate and present their applications. While
Council has resumed Hybrid meetings, DSC has remained fully virtual. The virtual
format does provide efficiencies for applicants and staff in addition to the ability to
incorporate a larger number of public attendees and therefore staff are recommending
that a virtual option continue to be an available option for the DSC meetings.
Appropriate notice on the meeting format would be provided in advance of the
scheduled DSC meeting. It is understood that a broader discussion on hybrid and
virtual meetings and in person attendance at Council and Committee meetings will be
discussed by the CAO at the May 25 Council meeting and may result in further direction
for future DSC meeting formats.
The above noted recommendations would require amendments to the current by-law
that Constitutes and Appoints the Development Services Committee (By-law 2021-012)
in addition to the Procedural By-law reflecting the ability for virtual meetings continuing
to be an option for DSC meetings. A track changed version showing the proposed
amendments to the by-law to constitute and appoint a DSC are reflected in Schedule 1
to this report.
With the number of new applications being received, in addition to other planning
activities (pre-consultation meetings, zoning certificates), staff are challenged to
manage the site inspections/notices/staff reports required to be prepared for each DSC
meeting and maintain the customer service for all other planning matters. Additionally
with the number of applications scheduled at some DSC meetings, applicants may be
Development Services May 25, 2022
Report No. DS2022-075 Page 3 of 6
Page 57 of 174
10dbj DS202?�-075 Andria�gi�h peeput4n Dire for of l eveP ment Servi...
schedule or later in he eJening or e a e� du to e number o applica ions a ng
heard. In an effort to manage these challenges, staff have implemented a cap on the
number of applications to be scheduled for any DSC meeting going forward.
In reviewing the number of applications that have been received on average each
month, a maximum of 12 applications will be scheduled for each monthly DSC meeting.
This cap on the number of applications scheduled/considered at each monthly DSC
meeting has been outlined on the application forms and applicants will be encouraged
to submit their complete applications in advance of the submission deadline to ensure
they are successfully scheduled for that meeting.
Financial / Legal Implications / Risk Management:
Meetings are scheduled to ensure applications reviewed in accordance with Planning
Act requirements
Policies/Legislation:
Planning Act
Municipal Act
Corporate Strategic Goals:
Prepare for Our Future
Foster Safe and Inclusive Community Living & Business Growth
Modernize Township Services
Support Our Workforce
Consultations:
Manager, Planning Services
Planning Staff
Conclusion:
Staff are recommending a number of amendments to the scheduling and format of DSC
meetings to ensure timely and streamlined meetings. While the limit of the number of
applications scheduled for each meeting has been implemented by staff for the balance
of 2022; the updates to the meeting schedule (being the first Wednesday of each
month) is proposed to come into effect in January 2023 with the new term of Council. It
is staff's recommendation that the amendments outlined in Schedule 1 be brought
forward for Council consideration.
Respectfully submitted:
Andria Leigh, MCIP, RPP
Deputy CAO/Director of Development Services
Approvals: Date
Development Services May 25, 2022
Report No. DS2022-075 Page 4 of 6
Page 58 of 174
10.b) DS2022-075, Andria Leigh, Deputy CAO/Director of Development Servi...
Schedule 1: DRAFT By-law Amendment
The Corporation of the Township of Oro-Medonte
By-law No. 2022-051
A By-law to Constitute and Appoint a Development Services Committee
and to Repeal By-law 2021-012
Whereas Authority is granted, pursuant to the provisions of Section 44 of the Planning
Act, R.S.O. 1990, Chapter P. 13, as amended, to Council to constitute and appoint a
Committee of Adjustment;
And Whereas Section 5, Subsections 1 and 3 of the Planning Act, R.S.O. 19907
Chapter P.13, as amended, provides the authority for County to delegate their authority
under Section 4 of the Planning Act, R.S.O. 1990 subject to such conditions as the
Council may by by-law provide;
And Whereas Section 8, Subsection 1 of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that the Council of a municipality may appoint a Planning
Advisory Committee composed of such persons as the Council may determine;
And Whereas Council deems it advisable to do so;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1) That a Development Services Committee be constituted and appointed, to be known
as the Township of Oro-Medonte Development Services Committee ("Development
Services Committee") in accordance with the provisions of Sections 8 and 44 of the
Planning Act, R.S.O. 1990.
2) That Council of the Corporation of the Township of Oro-Medonte delegates to the
Development Services Committee the authority for the giving of consents under
Section 53 of the Planning Act, 1990, in respect of lands situate within the corporate
limits of the Township of Oro-Medonte, subject to the provisions of Section 54 of the
Planning Act and empower the Development Services Committee to grant minor
variances from the provisions of any by-law of the municipality that implements an
Official Plan, or from such by-laws of the municipality as are specified and that
implement an Official Plan, subject to the provisions of Section 45 of the Planning
Act.
3) That Council of the Corporation of the Township of Oro-Medonte delegates to the
Development Services Committee their authority under Subsections 4 and 5, of the
Planning Act R.S.O. 1990.
Development Services May 25, 2022
Report No. DS2022-075 Page 5 of 6
Page 59 of 174
10 hbd mDa n 0?2 � CAYt/Diire�t2er of Development Servi
eo t� , � q ✓D �evo o nc4) Tha a e epmen rvics mmeeus: ...
• To review and make recommendations with respect to planning and
development matters/applications.
• To advise with respect to planning policy.
• To give consents and to grant minor variances subject to the provisions of
Sections 53, 54, and 45 of the Planning Act R.S.O. 1990 respectively.
• To conduct open houses, public meetings, or hearings as legislated under
the Planning Act R.S.O. 1990.
5) That the Development Services Committee be composed of all seven (7) members
of Council;
6) That the regular schedule of meetings of the Development Services Committee shall
be as follows:
a) Development Services Committee meetings on the first Wednesday of each
month.
b) During the month of December in the final year of a Council term, no
Development Services Committee meeting shall be held.
c) During the months of August and December 2022, no Development Services
Committee meeting shall be held.
7) All Development Service Committee meetings shall be at a time established by the
Township and specified on the agenda for the specific meeting. Information on how
the public may participate and/or provide input/comments for the Development
Services Committee meetings will be provided on the notice required under the
Planning Act, on the meeting agenda and on the Township's website.
8) That persons appointed to the Development Services Committee shall be paid such
remuneration and expenses as Council provides.
9) That By-Law No. 2021-012 is hereby repealed in its entirety.
10)This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 25t" day of May, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk, Yvonne Aubichon
Development Services May 25, 2022
Report No. DS2022-075 Page 6 of 6
Page 60 of 174
10.c) OCS2022-014, Justin Metras, Manager, Infrastructure and Capital Pr...
township f
Report 0
Proud Heritage, Exciting Fixture
Report No. To: Prepared by:
OCS 2022-14 Council Justin Metras
Meeting Date: Subject: Motion #
May 25, 2022
2022 Guiderail Program
Roll #: R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended that:
1. That Report No. OCS 2022 - 14 be received and adopted;
2. That Tender OCS 2022-06 Guiderail Installation- Part A be awarded to Borall
Fencing and Guiderail Ltd. in the amount of $71,934.78 plus HST;
3. That the completion of the replacement of the Line 7 - Highway 11 overpass
guiderail be awarded to Borall Fencing and Guiderail Ltd. In the amount of
$90,000 plus HST.
4. That the Director, Operations and Community Services be authorized to
execute the appropriate agreements on behalf of the Township;
5. And that the bidders be thanked and notified under the Director, Operations
and Community Services signature.
Background:
The planned 2022 guiderail program consists of the following projects:
Culvert C17 — Line 10 North, south of Warminster Sideroad (Replace deficient guiderail)
Structure C23 — Mount St. Louis Road, east of Hwy 400 (Replacement)
Line 7 — Hwy 11 Overpass (Replacement of deficient guiderail)
An advertisement for Tender OCS 2022-06 Guiderail Installation — Various Locations
was posted on the Township website and advertised on the Biddingo (E-procurement
portal) website.
Operations and Community Services May 25, 2022
Report No. OSC2022-14 Page 1 of 4
Page 61 of 174
10.c) OCS2022-014, Justin Metras, Manager, Infrastructure and Capital Pr...
The tender consisted of Culvert C17— Line ION (Part A) and Structure C23 (Part B)
As the Line 7 guiderail was identified as a priority in 2021 quotations were sought to
complete this project.
Two (2) tender packages were received prior to the tender closing and two (2)
quotations were received for the Line 7 overpass.
Analysis:
The results of the tender opening for "OCS 2022-06 Guiderail Installation — Various
Locations"are as follows.-
BIDDER PART A PART B TOTAL
Borall Fencing and
Guiderail Ltd. $71,934.78 $76,506.43 $148,441.21
Peninsula Construction $83,321.70 $86,623.17 $169,944.87
In late fall of 2021, Operations staff obtained a quotation from Borall Fencing for the
replacement of the damaged guiderail on the Line 7 overpass at Hwy 11 in the amount
of $90,000 plus HST. This work was not completed as it was an unbudgeted expense.
A second quotation from Peninsula Construction was solicited. This quotation came in
at $132,600 plus HST.
Borall Fencing and Guiderail has confirmed they will hold 2021 pricing despite a steel
commodity price increase.
As the combined price of the tender and quotations for the three projects received
would result in a negative variance of $23,441 staff have elected to defer Part B of the
tender until 2023. By doing so, there is a projected positive variance of $50,215.17.
Financial / Legal Implications / Risk Management:
The 2022 budget allocation for guiderail installation is $215,000
Operations and Community Services May 25, 2022
Report No. OSC2022-14 Page 2 of 4
Page 62 of 174
10.c) OCS2022-014, Justin Metras, Manager, Infrastructure and Capital Pr...
Borall Fencing and Guiderail Ltd.
Project Total
Part A - Culvert C17 — Line 10 North, $71,934.78
south of Warminster Sideroad
Line 7 $90,000.00
161,934.78
1.76% HST $2,850.05
Total $164,784.83
Based on the approved budget, there will be a positive project variance of $50,215.17.
Policies/Legislation:
Purchasing and Tendering By-law
Corporate Strategic Goals:
Prepare for Our Future
Foster Safe and Inclusive Community Living & Business Growth
Modernize Township Services
Consultations:
Director, Operations and Community Services.
Manager, Operations
Conclusion:
The results of tender OCS 2022-06 Guiderail Installation — Various Locations reflects
competitive market pricing. Works have been prioritized to deliver the projects within the
2022 budget allocation which has necessitated the deferral of Structure C23 (Part B).
It is recommended that Tender OCS 2022-06 Guiderail Installation —Various Locations
as well as the completion of Line 7/Hwy 11 overpass project be awarded to Borall
Fencing and Guiderail Ltd in the amount of $161,934.78.
Operations and Community Services May 25, 2022
Report No. OSC2022-14 Page 3 of 4
Page 63 of 174
10.c) OCS2022-014, Justin Metras, Manager, Infrastructure and Capital Pr...
Respectfully submitted:
Justin Metras, C.E.T., CRS-I
Manager, Infrastructure and Capital Projects
Approved Date
Shawn Binns, PBDM, MBA
Director, Operations &Community Services May 18, 2022
Andria Leigh, MCIP, RPP
Deputy CAO, Director, Development Services May 19, 2022
Operations and Community Services May 25, 2022
Report No. OSC2022-14 Page 4 of 4
Page 64 of 174
10.d) OCS2022-015, Justin Metras, Manager, Infrastructure and Capital Pr...
township f
Proud Heritage, Exciting Future
Report No. To: Prepared By:
OCS 2022-15 Council Justin Metras
Meeting Date: Subject: Motion #
May 25, 2022 Speed Limit Review —Various
Locations
Roll #: R.M.S. File #:
Recommendation(s): Requires Action For Information Only
It is recommended that:
1. Report No. OCS 2022-15 be received and adopted;
2. That the speed limit on the specified road sections be amended as outlined in
Report OCS 2022-15;
3. That the amended By-law be brought forward for Councils consideration;
4. That staff continue to work with the Ontario Provincial Police to facilitate speed
enforcement in priority locations; and
5. That the Traffic Safety Task Force continue to target and monitor proactive road
safety initiatives.
Background:
The Ontario Highway Traffic Act (HTA) as amended 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 a highway under its jurisdiction.
By-law 2021-071 authorized a decrease in the speed limit for multiple roads within the
Township. This By-law was last reviewed and updated in 2021. Since the last review, a
number of locations have been identified for additional review by Staff and Council as well
as areas where consistent concerns have been raised by the community.
Analysis:
From November 16t"-18t"7 2021, 72-hour traffic counts with speed data was collected at
the seventeen (17) identified locations throughout the Township and assessed using the
Transportation Association of Canada (TAC) Canadian Guidelines for Establishing
Canadian Speed Limits and review of 85t" percentile travel speeds.
Operations and Community Services May 25, 2022
Report No. OCS 2022-15 Page 1 of 5
Page 65 of 174
10.d) OCS2022-015, Justin Metras, Manager, Infrastructure and Capital Pr...
The Transportation Association of Canada (TAC) Canadian Guidelines for Establishing
Posted Speed Limits provides a means of evaluating speed limits in consideration of the
road classification, function, physical characteristics and condition of any given road
section. The intent of the guidelines is to enhance road safety through credible posted
speed limits that match the expectation of drivers for a given road and its surrounding
environment. The TAC guidelines consider the following criteria in establishing
appropriate speed limits:
❑ road classification;
❑ roadside environment;
❑ number of lanes;
❑ horizontal and vertical geometry;
❑ lane width;
❑ roadside hazards;
❑ other road users (eg. pedestrians, cyclists);
❑ road surface;
❑ number of intersecting streets;
❑ driveway access; and
❑ on-street parking.
When conducting a speed limit review, common industry practice is to establish the 85th
percentile speed as a starting point in determining whether the existing speed limit is
appropriate. The 85th percentile speed is the speed at or below which 85% of motorists
operate their vehicle on any given road. The 85th percentile concept is based on the
theory that the large majority of drivers:
❑ are reasonable and prudent;
❑ do not want to be involved in a motor vehicle accident; and
❑ desire to reach their destination in the shortest possible time
Based on these assumptions, the 85th percentile speed (which represents the large
majority) observed under good conditions (i.e. favourable weather and visibility) may be
considered as the maximum safe speed for that location.
The speed limit and 85th percentile speed should be relatively comparable - thus
indicating that the function and physical characteristics of the road are properly
communicated, understood and respected by motorists. Ideally, the 85th percentile speed
should be A±10 km/h of the speed limit. It is noted that the 85th percentile is a useful tool
to inform selection of an appropriate speed limit; however, it is to be considered in the
context of various factors.
A summary of the speed assessment for each road section is provided below. Where the
TAC assessment recommends an increase or decrease of 10 km/h, but the 85th
percentile suggests that the existing speed limit is appropriate, a recommendation to
maintain the existing speed limit has been made. The recommendations include
considerations for TAC, the 85t" percentile, the speed limit of adjacent road segments
and application of other safety recommendations where applicable.
Operations and Community Services May 25, 2022
Report No. OCS 2022-15 Page 2 of 5
Page 66 of 174
10.d) OCS2022-015, Justin Metras, Manager, Infrastructure and Capital Pr...
FALL 2021 TRAVEL SPEED REVIEW
%of
Posted vehicles 1h
Speed Average over> 85 Recommended Speed limits on Additional
Road Segment Limit vehicles current Percentile speed(km/h) adjacent roads comments Recommendations
(km/h) Per day posted (km/h)
speed limit
Intersection review
Line 3 North-Hwy 11 to 80&50 1914 44% 90 km/h 80km&50km(no North 80 km/h 80 of Line 3/Ski None
15/16 Sideroad km/h change) South km/h Trails required the
reduction to 50km
Line 4 North-Hwy 11 to 70 km/h 1066 78% 93 km/h 70 km/h North 80 km/h None Targeted enforcement
15/16 Sideroad (no change) South 80 km/h
Flat vertical
Line 5 North-Hwy 11 to 80 km/h 1348 49% 92 km/h 70 km/h North 80 km/h alignment and Targeted enforcement
15/16 Sideroad South 80 km/h excellent road
surface
Line 6 North- o North 80 km/h Steep grade,sharp
Horseshoe Valley to Mill 80 km/h 1003 28% 86 km/h 60 km/h HVR 80/km/h horizontal curves None
Pond Road
Current speed limit
Line 9 North-Bass 60 km/h of 60km/h is lower
Lake to Old Barrie Road 60 km/h 969 71% 79 km/h (no change) South 80 km/h than 70km based Targeted enforcement
on guidelines due
to haul route
Line 9 North-Old Barrie 80 km/h 1105 54% 94 km/h 80 km/h North 60 km/h Additional cycling Targeted enforcement
road to 15/16 sideroad (No change) South 80 km/h signage
Line 10 North Mount St. 0 80km/h North 80 km/h Additional cycling
Louis Road to 80 km/h 888 44% 92 km/h (no change) South 80 km/h signage Targeted enforcement
Moonstone Road
Line 10 North Mount St. 80 km/h(No North 80 km/h Additional cycling
Louis Road to 80 km/h 804 45% 94 km/h change) South 70 km/h signage Targeted enforcement
Horseshoe Valley Road
Line 12 North - Mount 80 km/h
St. Louis Road to Hwy 80 km/h 767 48% 94 km/h (No change) South 50 km/h None Targeted enforcement
12
Line 13 North 80km/h North 50km/h
Warminister Sideroad to 80 km/h 1137 11% 77 km/h (no change) HVR 80 km/h None None
Horseshoe Valley Road
15/16 Sideroad - Line 80 km/h 991 24% 85 km/h 80 km/h West 80 km/h None None
11 N to Line 14N (No change) Hwy11 90km/h
Ingram Road - Line 6N 70 km/h 418 22% 73 km/h 70 km/h West 70km/h None None
to Line 7N (no change) East 70 km/h
Lakeshore Road East 50 km/h 2223 47% 60 km/h 50 km/h West 50 km/h None None
Line 7S to Line 9S (no change) East 50 km/h
Lakeshore Road East 50 km/h 758 9% 47 km/h 50 km/h West 50 km/h None None
Line 13S to Line 14S (no change) East 40 km/h
Mount St. Louis Road - 80&60 1654 6% 76 km/h 80&60 km/h West 80 km/h Additional signage None
Line 5 N to Line 7N km/h (No change) East 80 km/h at curves
Oakmont Avenue 40 km/h 40 km/h all
Landscape Drive to 40 km/h 402 9% 38 km/h None None
Tanglewood Cres. (no change) around
Scarlett Line - Mill North 80 km/h numerous
Street to Moonstone 80 km/h 1520 54% 93 km/h 60 km/h 80km/h-Mill St. driveways Targeted enforcement
Road
Operations and Community Services May 25, 2022
Report No. OCS 2022-15 Page 3 of 5
Page 67 of 174
10.d) OCS2022-015, Justin Metras, Manager, Infrastructure and Capital Pr...
The results of the speed limit assessment was reviewed by the Traffic Safety Task Force
and will be subject to further review following any changes to determine if additional
recommendations are required.
The data collection on travel speeds has revealed the prevalence of excess travel speeds
throughout the Township. A concern that is consistently shared by many residents across
the Township. Lowering speed limits alone will not address this issue. Rather, a holistic
approach is required. An optimal program consists of establishing appropriate speed
limits, proactive speed enforcement, community education, roadside safety (road design,
signage, line painting, hazard mitigation etc.) and traffic calming in certain circumstances.
The Township will continue to work with the Ontario Provincial Police and the Traffic
Safety Task Force in collecting and sharing data for proactive speed enforcement in "hot
spots" and problematic areas. In addition, the recently acquired dynamic speed control
signs and the specialized fleet vehicle will be deployed across the Township's 615 km
road network.
In response to concerns from residents in the first phase of the Braestone development, a
review of the roadway design speeds was undertaken prior to the assumption of the first
phase (1A). The review concluded that the Highway Traffic Act default speed limit of
50km/h was appropriate. Accordingly, as part of the assumption process the non-
conforming signs (tabs) advising 30km speed installed by the developer will need to be
removed as they are in contravention of the Highway Traffic Act. These signs will be
removed prior to the assumption of the subdivision and communications will be shared
by the Township and Braestone Corporation. The area will be reviewed for speed limit
compliance and if a problem exists staff will work with the community, the OPP and the
Township's Traffic Safety Task Force to develop compliance strategies.
Financial / Legal Implications / Risk Management:
The cost of new signage will be addressed through the 2022 Operations signs budget
allocation and prioritized accordingly.
Following the reduction in speed limits, travel speeds will be reassessed within 6-12
months to determine if any additional considerations are required.
The Operations Department will continue to review roadside safety requirements and
prioritize requirements in annual business plans.
Staff will continue to work with the OPP on targeted enforcement and community
education relating to travel speeds and community safety.
Policies/Legislation:
Ontario Highway Traffic Act
Corporate Strategic Goals:
Operations and Community Services May 25, 2022
Report No. OCS 2022-15 Page 4 of 5
Page 68 of 174
10.d) OCS2022-015, Justin Metras, Manager, Infrastructure and Capital Pr...
Prepare for Our Future
Foster Safe and Inclusive Community Living & Business Growth
Modernize Township Services
Consultations
Director, Operations and Community Services
Tatham Engineering
Traffic Safety Task Force
Conclusion:
Report OCS 2022-15 has provided a summary of the speed limit review conducted and
has outlined specific recommendations to amend By-law 2021-071 to decrease speed
limits. Speed limit adjustments will continue to be monitored and additional measures
developed through the Traffic Safety Task Force.
Respectfully submitted:
Justin Metras, C.E.T, CRS-1
Manager, Infrastructure and Capital Projects
Approvals:
Date:
Shawn Binns, PBDM, MBA
Director, Operations &Community Services May 18, 2022
Andria Leigh, MCIP, RPP
Deputy CAO, Director, Development Services May 19, 2022
Operations and Community Services May 25, 2022
Report No. OCS 2022-15 Page 5 of 5
Page 69 of 174
14.b) Correspondence dated May 9, 2022 from Ontario Land Tribunal (OLT) ...
Ontario Land Tribunal `
Tribunal ontarien de I'amenagement
du territoire
Ontario
ISSUE DATE: May 09, 2022 CASE NO(S).: OLT-21-001770
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant: Bruce North
Appellant: County of Simcoe
Subject: Consent
Property Address/Description: 363 Line 12 North
Municipality: Township of Oro-Medonte
Municipal File No.: 2021-B-02
OLT Case No.: OLT-21-001770
OLT Lead Case No.: OLT-21-001770
OLT Case Name: County of Simcoe v. Oro-Medonte (Township)
Heard: April 5, 2022 by video hearing
APPEARANCES:
Parties Counsel
Bruce North ("Applicant") Sarah Hahn
Carly Emmett (Student-at-Law)
County of Simcoe ("Appellant") Marshall Green
DECISION DELIVERED BY ERIC S. CROWE AND S. TOUSAW AND ORDER OF
THE TRIBUNAL
INTRODUCTION
[1] The matter before the Tribunal was an appeal by the County of Simcoe (the
"Appellant") concerning the decision of the Committee of Adjustment (the "CoA") to
Page 70 of 174
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2 OLT-21-001770
approve a consent application from Bruce North (the "Applicant") for his property at
363 Line 12 North (the "Subject Property"), in the Township of Oro-Medonte
("Township").
[2] The Consent sought would sever and merge land for the purpose of a lot
boundary adjustment. The northern and southern portions of the property are split by a
watercourse and forested corridor which are zoned Environmental Protection (EP),
along which the proposed lot line would follow.
[3] The lands to be severed ("severed parcel") would have a lot frontage of
approximately 131.0 metres ("m") (429.8 feet ("ft.")), a lot depth of approximately
665.0 m (2,181.8 ft.) and a lot area of approximately 11.3 hectares ("ha") (28.0 acres).
The severed parcel would merge with the abutting vacant residential lot ("grantee") as
shown in the Applicant's Consent Sketch below.
[4] The lands to be retained ("grantor" or "retained parcel") would have a lot frontage
of approximately 425.0 m (1,394.4 ft.), a lot depth of approximately 665.0 m (2,181 .8 ft.)
and a lot area of approximately 29.6 ha (73.0 acres) for continued agricultural use,
including the existing dwelling.
Applicant's Consent Sketch
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3 OLT-21-001770
BRIEF CHRONOLOGY OF THE APPLICATION
[5] On February 3, 2021, the CoA deferred the application to give the Applicant the
opportunity to address comments from Township Planning Staff and from the Lake
Simcoe Region Conservation Authority ("LSCA").
[6] A resubmission letter dated September 29, 2021 by the Applicant provided a
revised analysis which recommended a zoning by-law amendment to a site specific
Agricultural/Rural (A/RU) Zone to remove the Rural Residential Two (RUR2) Zone on
the benefitting lands and establish a 30.0 m (98.40 ft.) structural setback from the
southern limit of the tree line of the natural heritage feature.
[7] Subsequently, on November 3, 2021, the CoA approved the application subject
to six conditions.
[8] Although planning staff recommended denial of the application, the CoA
approved the application. The County of Simcoe subsequently appealed on the basis
that the application would result in two undersized agricultural parcels that are not
consistent with the Provincial Policy Statement, 2020 ("PPS") and do not conform with
the Simcoe County Official Plan ("SCOP") and the Township Official Plan ("TOP").
[9] For the reasons that follow, the Tribunal allows the Appeal and will not grant the
Consent.
PARTY STATUS REQUEST
[10] The Tribunal granted Party status to the Applicant at the commencement of the
Hearing, as he has a substantial interest in this matter and has evidence to offer, which
is necessary for the adjudication of this matter by the Tribunal.
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4 OLT-21-001770
PROPOSED CONSENT
[11] The objective of the consent application is to sever the agricultural field on the
south side of the environmentally protected watercourse and woodland, an area of
approximately 11.4 ha (28 acres) and convey the severed parcel to the adjacent vacant
lot. The proposed conveyance would result in an increase to the size of the vacant
grantee lot and a decrease in the size of the grantor's retained farm.
[12] The following table illustrates the existing lot areas and lot frontages of both the
grantor and the grantee, together with the proposed lot areas and lot frontages of each
parcel.
Existing Lot Fabric
The `grantor' The `grantee'
(363 Line 12 North) (vacant lot)
Lot Area 410,500 m2 4,125 m2
(41 ha 1 101 .4 acres) (0.4 ha 1 1 .02 acres)
Lot Frontage 560 metres 45 metres
Proposed Lot Fabric
The `grantor' The `grantee'
(363 Line 12 North) (vacant lot)
Lot Area 290,600 m2 118,000 m2
(29.6 hectares 1 73 acres) (11 .8 hectares 129.1 acres)
Lot Frontage 425 metres 180 metres
SITE CONTEXT
[13] The Subject Property is located to the west of Highway 11 North and fronts on
the east side of Line 12 North, less than 1 kilometre from the Highway 11 interchange.
The area is predominately agricultural, rural and environmentally protected lands.
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5 OLT-21-001770
[14] It was uncontested that the Subject Property is: designated as Agricultural and
Greenlands in the SCOP; designated Agricultural in the TOP; zoned Agricultural/Rural
(A/RU) and Environmental Protection (EP) in the Township's Zoning By-law No. 97-95
("ZBL"); and located within the area of the agricultural system in A Place To Grow,
Growth Plan for the Greater Golden Horseshoe, 2020 ("Growth Plan").
[15] The Subject Property is developed with a single detached dwelling, a barn and
agricultural land. The property is serviced by a private well and a private septic disposal
system. There is a stream which traverses the property from the southwest to the
northeast, and the stream is protected by a narrow forested corridor (natural heritage
feature). The agricultural lands which are present on the north side of the creek have
historically been used to pasture cattle.
[16] The Subject Property on the south side of the creek (natural heritage feature) is
proposed to be severed and merged with the adjacent vacant rural residential parcel.
The proposed severed lands have historically been used for cash cropping, most
recently sorghum. The grantee's adjacent vacant rural residential parcel has
approximately 45 m of frontage on Line 12 North and an approximate lot area of
4,125 square metres (11m211) (0.4 ha / 1 .02 acres).
LEGISLATIVE FRAMEWORK
[17] In making a decision under the Planning Act ("Act") with respect to this Consent,
the Tribunal must have regard to matters of provincial interest as set out in s. 2. Under
s. 2.1(1), the Tribunal must also have regard to any decision of the Township made
under the Act that relates to the same planning matter, and the information considered
by the Township in making those decisions.
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6 OLT-21-001770
[18] Under s. 3(5), the Tribunal's decision must: be consistent with the provincial
interests expressed in policy statements, being the PPS in effect at the date of this
decision; and conform with, or not conflict with, an applicable provincial plan, being the
Growth Plan in effect at the date of the decision.
[19] Per s. 53(1), consents may be considered if a plan of subdivision is not
necessary to achieve proper and orderly development. Under s. 53(12), due regard is
required to the provisions of s. 51(24), including official plan conformity. Conditions may
be imposed under s. 51(25) if provisional consent is given.
PLANNING EVIDENCE
[20] Evidence in support of the application was provided by the Applicant's expert,
Joshua Morgan, while evidence against the application was provided by experts
Catherine McCarroll for the Township and Julie Nolan for the County. All experts were
duly qualified on consent to provide opinion evidence in land use planning.
[21] Ms. McCarroll provided an overview of the applicable designations and zoning.
The Subject Property is designated Agricultural in the TOP.
[22] Mmes. McCarroll and Nolan both explained the SCOP is consistent with the PPS
and identifies that lot creation is discouraged in the agricultural designation and may
only be permitted for agricultural uses, agricultural-related uses, a residence surplus to
a farming operation as a result of farm consolidation, and infrastructure. Lots for
agricultural uses should not be less than 40 ha or the original survey lot size.
[23] In Mmes. McCarroll's and Nolan's opinions, the application does not arise from
the needs of agriculture and does not warrant a resulting lot size less than 40 ha.
Therefore, the application does not conform to the SCOP with respect to agricultural lot
creation and is not consistent with the agricultural policies of the PPS.
Page 75 of 174
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7 OLT-21-001770
[24] Mr. Morgan contends the proposed boundary adjustment will not create a new
building lot and it does not propose to change the existing agricultural land uses, rather
it will simply reconfigure the shape of two existing lots. The severed and retained
parcels are farmed separately and independently from one another.
[25] Mr. Morgan proposed the boundary adjustment would enable the continued
agricultural use of the retained parcel to pasture cattle and cash crop. Similarly, the
proposed boundary adjustment would enable the continued use of the benefitting
severed parcel for cash cropping.
[26] Mr. Morgan highlighted the unique physical traits of the Subject Property in
particular, a watercourse and the woodland corridor (natural heritage feature) which
transects through the Subject Property. Mr. Morgan explained there is no physical
connection between the agricultural lands on the north side of the watercourse and the
agricultural lands on the south side of the watercourse.
[27] In Mr. Morgan's opinion, it is logical for lot fabric to be positioned along the south
limit of the natural heritage feature, thereby placing the agricultural lands on the north
side of the feature and the agricultural lands on the south side of the feature within
separate ownerships.
Planning Act
[28] Section 51(24) of the Act contains criteria that an approval authority must have
regard to when considering a plan of subdivision or a consent application (if no
subdivision is required).
[29] Ms. McCarroll advised she is satisfied that no plan of subdivision is required for
the purposes of a boundary adjustment, however, contends the application does not
meet certain requirements of s. 51(24) of the Act:
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(a) the effect of development of the proposed subdivision on matters
of provincial interest as referred to in section 2;
(c) whether the plan conforms to the official plan ...
(d) the suitability of the land for the purposes for which it is to be
subdivided.
[30] Ms. McCarroll advised that the provincial interests include "the protection of the
agricultural resources of the Province" (s. 2(b)). She advised there are concerns about
the suitability of the lot sizes of the severed and retained lands for viable agricultural
purposes.
[31] Mr. Morgan opines that, because the lands will remain in agricultural production,
the Consent satisfies the provincial interest of protecting agricultural resources.
[32] The Tribunal notes that the other criteria of s. 51(24) of the Act were all duly
considered; however, it was found that the other criteria were not contested or
applicable to the contested issues of the present case.
Provincial Policy Statement
[33] Ms. McCarroll informed the Tribunal that the applicable PPS policies are s. 1 .1 .4
— Rural Areas, s. 2.1 — Natural Heritage, and s. 2.3 —Agriculture.
[34] The PPS permits consents in agricultural areas for "legal or technical reasons"
defined as including a "minor boundary adjustment." Ms. McCarroll contends this
boundary adjustment is not considered to be minor in nature, as it has the potential to
negatively impact the agricultural viability of the farmland, due to the resulting
undersized agricultural lots. The existing lot is approximately 40.9 ha (101.0 acres)
which meets the SCOP's minimum lot size requirement of 40.0 ha (98.8 acres) for
agricultural uses and this SCOP policy is consistent with the PPS.
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[35] Mr. Morgan testified the proposed boundary adjustment would not create a new
building lot and it does not propose to change the existing land use, rather it simply
proposes to reconfigure the shape of two existing lots. He opined the proposed
boundary adjustment is not defined as "development" by the PPS.
[36] Mr. Morgan advised the proposed boundary adjustment would maintain the
stream and the forest which protects it, which are collectively zoned Environmental
Protection (EP), within one congruent parcel. The proposed boundary adjustment
would enable the continued agricultural use of the Subject Property (the `grantor') to
pasture cattle, and cash crop, while also enabling the vacant parcel (the `grantee') to
function agriculturally.
[37] In Mmes. McCarroll's and Nolan's opinion, the proposed boundary adjustment
does not comply with this minimum lot size requirement and thus results in two
agricultural parcels that are not of a size appropriate for agriculture in the area.
Ms. McCarroll testified, although there is a watercourse and associated woodland that
transects through the property, the lands continue to be farmed currently and a
severance is not required to continue farming these lands.
[38] In Mmes. McCarroll's and Nolan's opinion, from the above noted reasons, this
application is not consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe
[39] The Subject Property is located within the prime agricultural area of the
agricultural system in the Growth Plan. Ms. Nolan opined the application results in lots
sizes that do not conform with the Growth Plan requirement to protect the long-term use
for agriculture.
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[40] Ms. McCarroll advised, with agreement of Mr. Morgan, the Subject Property
contains a watercourse that is protected by the Growth Plan's natural heritage policies
but acknowledges that no change is proposed to the watercourse or its associated
woodland as a result of this application.
[41] Ms. McCarroll informed the Tribunal, s. 4.2.3.1 states that outside settlement
areas, development or site alteration is not permitted in key natural heritage features.
However, since the proposed boundary adjustment does not represent `development' as
defined by the Growth Plan, these policies do not affect this application.
[42] Mr. Morgan testified the proposed boundary adjustment does not propose to
change the existing land use and, similar to his review of the PPS, the proposed
boundary adjustment is not considered `development' by the Growth Plan because, in
his view, lot lines are being adjusted but new lots are not created by this application.
[43] Ms. McCarroll advised the LSCA has requested a 30.0 m (98.4 feet) buffer
around the natural heritage feature. According to Ms. McCarroll, this setback has
already been established in s. 5.27 of the Township's ZBL, which prohibits buildings and
structures within 30.0 m (98.4 ft.) of the Environmental Protection Zone boundary.
Simcoe County Official Plan
[44] It is noteworthy that, during the municipal review of the proposed Consent,
planning staff for the Township was of the opinion that the proposed Consent did not
adequately conform with the SCOP and TOP. The CoA, however, found to the
contrary, that no new lots are proposed as a result of the lot addition.
[45] These opposite findings reflect the respective differing opinions of the Parties'
experts and highlight key policies of the SCOP which are in dispute. It is upon these
specific policies that the Tribunal finds this case turns on.
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[46] Ms. McCarroll informed the Tribunal, the Subject Property is designated
`Greenlands' and `Agricultural' in accordance with Schedule 5.1 — Land Use
Designations of the SCOP. The portion of the lands to be severed and the benefitting
lands are both designated `Agricultural'.
[47] Mr. Morgan referred to s. 3.3.5 of the SCOP permitting consents for legal or
technical reasons and s. 3.6.5 permitting all sizes of agricultural uses, similar to the
PPS. He opined the 40 ha size pertains to new lots whereas the application merely
adjusts a lot boundary between two existing lots. In his view, this application results in
an existing small agricultural lot becoming a more viable agricultural parcel when
merged with the severed parcel and zoned accordingly.
[48] Mmes. McCarroll and Nolan, with reference to the PPS definition of"legal or
technical reasons" for Consent, opine that this proposal is not minor in terms of size or
effect and does result in the creation of two new farm lots that fail to conform with the
SCOP.
[49] Mr. Morgan referred to the March 2022 — DRAFT Proposed Refined Prime
Agricultural Areas Mapping (County of Simcoe Municipal Comprehensive Review)
(Exhibit 4) identifying the retained parcel as `Greenlands' and removing it from `Prime
Agricultural Areas'. The Tribunal has not given weight to this information, as the
document is only a Draft, and to date no changes to the SCOP have resulted from it.
Township of Oro-Medonte Official Plan
[50] Ms. McCarroll informed the Tribunal the Subject Property is designated
`Agricultural' in "Schedule A — Land Use" of the TOP. The TOP addresses boundary
adjustments under the general "Subdivision of Land" policies.
[51] Section D2.2.2 Boundary Adjustments states:
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A consent may be permitted for the purpose of modifying lot boundaries,
provided no new building lot is created. In reviewing an application for
such a boundary adjustment, the Committee of Adjustment shall be
satisfied that the boundary adjustment will not affect the viability of the
use of the properties affected as intended by this Plan. In addition, the
Committee of Adjustment shall be satisfied that the boundary adjustment
will not affect the viability of the agricultural parcels affected.
[52] Mr. Morgan contends the effect of the proposed boundary adjustment would be
to increase the size of an existing small agricultural lot, thereby resulting in a more
viable agricultural parcel.
[53] In Mmes. McCarroll's and Nolan's opinions, the boundary adjustment will
negatively impact the viability of the farmland on the severed and retained lots.
Township of Oro-Medonte Zoning By-law No. 97-95, as amended
[54] The Subject Property is zoned Agricultural/Rural (A/RU) and Environmental
Protection (EP) in the ZBL, and the benefitting lot is currently zoned Rural Residential
Two (RUR2).
[55] Mr. Morgan advised it is envisioned that a dwelling will eventually be constructed
on the lands which are zoned RUR2 and that the severed A/RU lands will continue to be
used for cash cropping.
[56] According to Ms. McCarroll, should the application be approved, it is
recommended that the Applicant be required to apply for and obtain a ZBL amendment
to rezone the portion of the benefitting lands that are currently zoned Rural Residential
Two (RUR2) Zone to the Agricultural/Rural (A/RU) Zone.
[57] Ms. McCarroll advised, in the absence of such a ZBL amendment, the RUR2 and
A/RU zone boundary has the potential to complicate setback requirements depending
on where someone might want to build a dwelling or other structures in the future.
Additionally, leaving the RUR2 Zone in place could create the false impression that
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13 OLT-21-001770
there is permission for an additional dwelling or severance of the RUR2 zoned lands.
Any new buildings or structures would be subject to s. 5.27 of the ZBL which prohibits
buildings and structures within 30.0 m (98.4 ft.) of the EP Zone boundary.
Minor Lot Boundary Adjustment
[58] Mr. Morgan contends when assessing whether a boundary adjustment is minor in
nature, one most consider the size of the boundary adjustment, but more importantly,
one must consider the impact that the proposed boundary adjustment would have on
adjacent properties, and the impact that the boundary adjustment would have on the
agricultural land base within the Township.
[59] In Mr. Morgan's opinion, the historic agricultural uses of both the severed land
and the retained lands would remain unchanged. Secondly, the Subject Property is
transected by a watercourse and the woodland corridor which protects it. With no
physical connection between the agricultural lands on the north side of the watercourse
and the agricultural lands on the south side of the watercourse, no change in land use
results, and it is logical to have two separate ownerships.
[60] Under cross-examination, Mr. Morgan acknowledged that the delineation of the
farm into two parts separated by the natural heritage feature is not unique and that
many properties in the Township may contain areas naturally separated by woodlands
and watercourses.
[61] Ms. McCarroll emphasized if the watercourse/woodland is to be considered
justification for a severance, there are countless other agricultural/farm parcels that
could use this rationale in support of future Consents to subdivide farm parcels.
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FINDINGS
[62] In determining this matter, the Tribunal accepts and adopts the land use planning
evidence and expert opinions provided by Mmes. McCarroll and Nolan. The Tribunal is
persuaded by the evidence that the effect of dividing this farm to add land to an existing
severed lot is to fragment the agricultural land and the agricultural operation. In pursuit
of viable farm parcels, such fragmentation should be avoided given its potential effects
on land availability, affordability and use.
[63] Section 2.3.4.1 of the PPS states that "lot creation in prime agricultural areas is
discouraged and may only be permitted for: a) agricultural uses, provided that the lots
are of a size appropriate for the type of agricultural use(s) common in the area are
sufficiently large to maintain flexibility for future changes in the type or size of
agricultural operations." The Tribunal finds that this Consent would result in "lot
creation" because it is not considered a "minor boundary adjustment" and thus does not
constitute a "legal or technical" severance under s. 2.3.4.2 of the PPS.
[64] The Tribunal finds the SCOP is consistent with the PPS and identifies that lot
creation is discouraged in the Agricultural designation and may only be permitted for
agricultural uses, agricultural-related uses, a residence surplus to a farming operation
as a result of farm consolidation, and infrastructure.
[65] The SCOP s. 3.6.7 calls for 40.0 ha (98.8 acres) minimum lot size requirement
for agricultural uses as guided by the PPS. The existing lot is a suitable land base and
considered a viable farm parcel. A Consent would result in two undersized lots, which
would not conform with the SCOP and are not consistent with the PPS.
[66] The Tribunal is alive to the fact that the term "minor boundary adjustment" is not
defined, thus the consideration of whether or not a boundary adjustment is `minor' is
subjective. Here, the Tribunal finds this case is not a minor boundary lot adjustment but
rather, the creation of two new undersized farm lots. Adding a small area to an existing
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separated lot, for example, may be a minor lot addition, but not the conveyance of one-
third of a farm as proposed here.
[67] In Ms. McCarroll's opinion, which the Tribunal accepts, a boundary adjustment
that takes two lots that meet the OP policy requirements for their individual
designations, and then creates two lots that do not, does not meet the definition of
minor boundary adjustment under the PPS.
[68] In closing submissions, the Appellant and Applicant addressed other Tribunal
Decisions dealing with similar questions of what constitutes a lot adjustment for legal or
technical reasons. In the case at hand, the Tribunal finds that it is not simply a matter of
no increase in the number of lots: two before and still two lots after Consent. Of
relevance is the effect of the boundary adjustment. The Tribunal finds that where the
resulting lots fail to be consistent with the lot size expectations of the PPS and the
SCOP, then they do not constitute a permitted lot adjustment.
[69] In considering the potential attraction of an enlarged lot for a large house or
"country estate," the Applicant did offer to restrict a future house to the area of the
existing lot or impose a maximum setback from the front lot line to avoid a dwelling in
the middle of the acreage. Nevertheless, the Tribunal finds that such offering does not
overcome the absence of conformity of the two resulting farm parcels.
[70] Having had regard to the protection of agricultural resources per s. 2(b) of the
Act, and having had regard to the Decision and reasons of the CoA, the Tribunal finds
that this Consent: is not consistent with the Agriculture requirements of s. 2.3 of the
PPS; does not conform with the Agricultural System policy 4.2.6.2 of the Growth Plan;
does not conform with the lot size requirement of s. 3.6.7(a) of the SCOP; and thereby
fails to satisfy the criteria for Consents in s. 51(24) of the Act. As a result, the Tribunal
finds that this Consent does not represent good planning and is not in the public
interest.
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16 OLT-21-001770
ORDER
[71] THE TRIBUNAL ORDERS that the appeal is allowed, and Consent is not given.
"Eric S. Crowe"
ERIC S. CROWE
MEMBER
'S. Tousaw"
S. TOUSAW
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning
Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as
the Ontario Land Tribunal ("Tribunal'). Any reference to the preceding tribunals or the
former Ontario Municipal Board is deemed to be a reference to the Tribunal.
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Ontario Land Tribunal `
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ISSUE DATE: May 12, 2022 CASE NO(S).: OLT-22-003583
(Formerly) PL210328
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant: Horseshoe Valley Developments (2018) Inc.
Subject: Application to amend Zoning By-law No. 97-95
- Refusal or neglect of Township of Oro-
Medonte to make a decision
Existing Zoning: Residential One Exception 140 Exception
(R1*140) Zone
Proposed Zoning: Residential One Exception (R1* ) Zone
and Residential Two Exception (R2* )
Zone
Purpose: To permit the development of a subdivision
cosisting of 73 residential units
Property Address/Description: Part of Lot 4, Concession 4
Municipality: Township of Oro-Medonte
Municipal File No.: 2016-ZBA-01
OLT Case No.: OLT-22-003583
Legacy Case No.: PL210328
OLT Lead Case No.: OLT-22-003583
Legacy Lead Case No.: PL210328
OLT Case Name: Horseshoe Valley Developments (2018) Inc. v.
Oro-Medonte (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Applicant and Appellant: Horseshoe Valley Developments (2018) Inc.
Subject: Proposed Plan of Subdivision - Failure of
Township of Oro-Medonte to make a decision
Purpose: To permit the development of a subdivision
cosisting of 73 residential units
Property Address/Description: Part of Lot 4, Concession 4
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Municipality: Township of Oro-Medonte
Municipal File No.: 2016-SUB-01
OLT Case No.: OLT-22-003584
Legacy Case No.: PL210329
OLT Lead Case No.: OLT-22-003583
Legacy Lead Case No.: PL210328
Heard: In writing and on April 19, 2022 by video
hearing ("VH")
APPEARANCES:
Parties Counsel
Horseshoe Valley Developments Susan Rosenthal
(2018) Inc. Samantha Lampert
Township of Oro-Medonte Ed Veldboom
MEMORANDUM OF PARTIAL ORAL DECISION DELIVERED BY K.R. ANDREWS
ON APRIL 19, 2022 AND FURTHER DECISION AND ORDER OF THE TRIBUNAL
INTRODUCTION
[1] Horseshoe Valley Developments (2018) Inc. (the "Applicant") is seeking approval
of the following:
1. a Zoning By-law Amendment ("ZBA") to reflect increased density
permitted pursuant to Official Plan Amendment No. 36 ("OPA 36";
approved in 2014); to wit, to facilitate the development of 23 single-
detached residential lots and 48 townhouse blocks as part of what has
been referred to as "Phase 4" of a development originally approved in
2001 as part of the 5-phase Horseshoe Valley Subdivision (the "2001
Subdivision");
2. a revised Draft Plan of Subdivision ("DIPS") to include the aforementioned
townhouse units in addition to single detached residential lots to reflect the
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above noted increased density permitted pursuant to OPA 36 and the
proposed ZBA; and
3. DPS Conditions to facilitate the above-described development / proposed
ZBA / revised DPS which does not include a requirement to convey
certain lands that are owned by a third-party, on which Stormwater
Management ("SWM") facilities are located that were planned and
constructed to service the existing approved DPS as it relates to Phase 4
and the rest of the 2001 Subdivision.
[2] This appeal arises following the Township of Oro-Medonte's (the "Township")
insistence to include such conditions which require the Applicant to convey said third-
party-owned lands containing said SWM facilities to the Township.
[3] The Township takes the position that it is necessary that it own the lands
containing said SWM facilities in order to maintain effective control over the
maintenance and operation of these facilities, while the Applicant takes an opposing
standpoint. The Applicant submits that:
1. It is unreasonable to require the Applicant to convey lands that it does not
own, as the Applicant is powerless to convey such lands and, if such a
DPS Condition is applied, it will virtually guarantee that the Applicant's
development cannot proceed;
2. It is unnecessary for the Township to own the third-party-owned lands
containing the subject SWM facilities because an easement exists which
is capable of providing the Township with the necessary access and
control over these lands for the purpose of maintaining and operating the
SWM facilities;
3. Planning policies encourage the efficient use of existing infrastructure,
such as the existing SWM facilities;
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4. It is generally bad planning to introduce such a new requirement to
facilitate the development of Phase 4, when all of the phases of this 5-
phase development have been planned (and some completed) around
using the existing SWM facilities located on the third-party-owned lands to
service the SWM needs of the 2001 Development; and
5. If the Township absolutely requires ownership of the lands containing the
subject SWM facilities, it has powers of expropriation to obtain the lands.
The Applicant does not have such powers.
[4] Outside of this relatively narrow issue, there are no Township planning related
concerns about the proposed uses, density, compatibility, fit, or the layout of the
proposed revised DPS, nor are there any concerns raised with respect to the proposed
ZBA to permit the intensification of the site. Notably, there are no concerns from a
technical or engineering standpoint insofar as whether or not the existing SWM facilities
(specifically the SWM pond known as "SWM Pond #5") is capable of servicing the
proposed development with increased density. The issue is exclusively limited to the
ownership status of said lands containing the SWM facilities.
[5] It is also noteworthy that the Applicant may immediately develop the subject
lands as-of-right at the lower density currently permitted in accordance with the existing
Zoning By-law and approved DPS, which features no conditions to require conveyance
of the subject third-party-owned lands to the municipality.
[6] The proposed ZBA is appended as Attachment 1 of this decision, and the
proposed DPS is appended as Attachment 2. Both of the proposed ZBA and DPS are
uncontested. The Township's proposed DPS Conditions requiring conveyance of the
lands containing the subject SWM facilities are appended as Attachment 3 to the
decision, and the Applicant's version, amended to not require the conveyance of the
third-party-owned lands, is appended as Attachment 4.
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[7] The Tribunal notes that the Horseshoe Valley Property Owners Association were
granted participant status in the present matter and submitted a Participant Statement
that was generally supportive of the Applicant's revised proposal. They raised no new
policy issues to consider.
[8] It is also noteworthy that, through the course of the parties exchanging and filing
their respective appeal materials, they mutually recognized an inadvertent issue
respecting the originally proposed planning instruments. The parties subsequently
agreed that the issue could affect the developability of a small portion of the Phase 4
lands. As a solution, the Applicant suggested revisions to the originally proposed
planning instruments as follows:
a. The proposed DPS be amended to replace former Lots 3 and 4 with a new
Future Development Block labelled as "Block 32";
b. The proposed ZBA be amended to place a holding symbol on Block 32
until, to the satisfaction of the Township, a suitable building envelope or
envelopes can be placed on the lands subject to the hold; and
C. The proposed DPS Conditions include a condition requiring a warning
clause to be included in any Agreement of Purchase and Sale for new
Lots 2 and 3, so that potential purchasers are aware of the existence of an
easement on a small portion of these lots which may restrict the
construction of structures and other obstructions on such portions.
[9] The Township took no issue with the proposed revisions, nor did it indicate that it
had any material effect on its position respecting the proposed ZBA, DPS, or DPS
Conditions that are the subject of this appeal. The Tribunal similarly finds that the
above-described revisions are minor in nature and have no material effect on the issues
in dispute. The case therefore proceeds pursuant to the revised proposed planning
instruments, which are appended as Attachments 1 to 4 of this decision, with no further
notice required.
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FACTUAL CONTEXT
[10] Evidence was provided to the Tribunal in affidavit form from the following
witnesses, proffered by the parties as indicated below. The Tribunal accepts this
evidence and qualifies the following individuals as experts capable of providing opinion
evidence in the areas indicated below:
• Applicant — Jeff McCuage — Municipal Services / SWM (as an Engineer)
• Applicant — Darren Vella — Land Use Planning
• Township — Michelle Jakobi — Municipal Services / SWM (as an
Engineering Technologist)
• Township — Derek Witlib — Land Use Planning
[11] Except where indicated, the below summary of facts is uncontested.
Phase 4 of the 2001 Subdivision
[12] The lands planned for development of Phase 4 (the "Subject Lands") are
5.2 hectares, vacant, and legally described as Part of Lots 3 & 4, Concession 4 in the
Horseshoe Valley Settlement Area within the Township. The Subject Lands are
bounded by the developed Phase 3 lands to the west, undeveloped Phase 5 lands to
the east, and a now-vacant golf course to the north and south (the "Golf Course Lands";
which is owned by a third-party and contains the subject SWM facilities, including SWM
Pond #5)
[13] The 2001 Subdivision was originally draft plan approved to consist of 595 single
detached residential units to be developed in five phases with one additional subphase
known as Ridgewood Court. In addition to residential units, the plan includes a series of
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open space blocks, a pumping station, fire access, road widenings, 0.3-metre reserves,
a community centre, walkways and various internal roads.
[14] Notably, the entire 2001 Subdivision lands do not include any SWM ponds and,
instead, these lands are planned to drain and outlet stormwater into a series of SWM
ponds located on the third-party-owned Golf Course Lands.
[15] The original DPS for the entirety of the 2001 Subdivision, including Phase 4, are
subject to a series of conditions approved at the time it was originally DPS approved.
These conditions notably do not include conveyance of any third-party-owned lands
containing SWM Ponds to the Municipality.
[16] The use, maintenance and any further construction of SWM facilities located on
the Golf Course Lands, for the purpose of serving the SWM needs of the 2001
Subdivision, are reliant on an easement in favour of the owner of the 2001 Subdivision
lands, registered on title of the Golf Course Lands as Instrument LT522878 (the
"Easement")
[17] Phases 1 to 3 of the 2001 Subdivision have now been registered, developed and
are occupied by home purchasers. These approved and registered phases notably
utilize the various SWM Ponds planned and constructed on the Golf Course Lands for
SWM purposes.
[18] A further subphase of the original 2001 Subdivision, known as Ridgewood Court,
has also been registered, developed and is occupied by homeowners. This subphase is
particularly notable since it specifically drains and outlets into SWM Pond #5, being the
same SWM pond planned and designed to serve the SWM needs of the subject
Phase 4. The Ridgewood Court subphase and Phase 3 were developed in 2013 and
2014 respectively, and were notably not subject to a requirement to convey the SWM
Pond to the Township. The obvious implication of this fact is that SWM Pond #5 is
already being utilized as a SWM facility serving the SWM needs of the 2001
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Subdivision, despite it being situated on lands owned by a third-party and without there
being any requirement to convey these lands to the Municipality.
[19] Phase 4 was granted draft plan extensions in 2017, 2020, and 2021. As a result,
it is currently permitted to proceed as originally planned, albeit at a lower density,
without any requirement to convey the subject third-party-owned SWM lands to the
Municipality.
[20] In its submissions, the Township noted that, at the time of the DPS approval and
registration of the Easement, the owners of the 2001 Subdivision Lands and the Golf
Course Lands were affiliated companies. This is no longer the case since both
properties (being the undeveloped portions of the 2001 Subdivision lands and the Golf
Course Lands) have changed ownership, and those lots already sold as part of
Phases 1 to 3 and Ridgewood Court now belong to individual residential homeowners.
Pointing to this fact, the Township takes the position that the change of ownership (from
affiliated to non-affiliated companies) constitutes a material change in circumstances
which affects the appropriateness of having the SWM ponds located on a third-party's
property.
[21] On this particular point, the Tribunal finds this fact has no bearing on the
outcome of the current appeal. The 2001 Subdivision Lands and the Golf Course Lands
have always been owned by different entities and a sale of either or both lands have
always been possible and should be expected, especially considering the obvious
implication of selling developed residential lots to individual homeowners. While the
Tribunal notes this fact as submitted by the Township, it finds that it has no bearing on
the analysis of this decision.
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Easement
[22] The Applicant currently holds an Easement over the Golf Course Lands providing
certain rights associated with the SWM facilities located on the Golf Course Lands. The
particularly relevant terms of the Easement are copied as follows:
1. The [owner of the Golf Course Lands] hereby transfers to the
[owner of the 2001 Subdivision Lands] the free and uninterrupted and
unobstructed right and Easement to construct, operate and maintain
such Storm Sewer or Sewers and such Stormwater Management
Facilities (the said Storm Sewers and Stormwater Management Facilities
are collectively called the "Storm Sewer"), together with any and all
appurtenances thereto as may be required from time to time in, under
and across the [Golf Course Lands] by the Township of Oro-Medonte or
the County of Simcoe pursuant to the terms of any subdivision,
engineering, development or site plan agreement.
2. Together with the right of the [owner of the 2001 Subdivision
Lands], its successors and assigns and its and their servants, agents
and workmen with all necessary equipment, machinery and vehicles to
enter upon said lands at all times and to pass and repass thereon for the
purposes of constructing, reconstructing, examining, repairing, renewing
or replacing (including replacement with a Storm Sewer of larger size or
capacity) and maintaining the said Storm Sewer or any part or parts
thereof whether or not any part to be so constructed, repaired, renewed,
replaced or maintained is situate on the land above described.
3. The [owner of the Golf Course Lands] hereby undertakes that
the [Golf Course Lands] shall remain free of physical encumbrances
which would hinder the access by the [the owner of the 2001 Subdivision
Lands], its servants, or its agents and the [owner of the Golf Course
Lands] hereby undertakes that only the usual grass cover and/or flower
beds, trees, golf course features and fencing with gates, will be suffered
on the said lands, and that no trees, structures, or obstructions will be
permitted to remain thereon unless the [the owner of the 2001
Subdivision Lands] in writing permits the existence of certain physical
encumbrances on the lands, for limited periods of time, upon written
application by the [owner of the Golf Course Lands] to the [the owner of
the 2001 Subdivision Lands].
[...]
5. [The owner of the 2001 Subdivision Lands] acknowledges that
the [Golf Course Lands] are primarily used as a golf course by the
[owner of the Golf Course Lands], and accordingly any ingress onto the
lands shall be by written notice to the [owner of the Golf Course Lands],
and, [the owner of the 2001 Subdivision Lands] agrees to abide by any
reasonable terms of ingress, and, to reduce, where possible any
interference with the [owner of the Golf Course Lands]'s use of the golf
course. [The owner of the 2001 Subdivision Lands] agrees to schedule
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any required work on the Storm Sewer, during the times that the golf
course is not in use, unless an emergency requires otherwise.
[23] The Tribunal notes, as it relates to Terms 3 and 5 above, that the parties both
acknowledge that the Golf Course Lands are no longer being used as a golf course.
[24] The Applicant's witnesses testified that the phases of the 2001 Subdivision that
are already built and occupied, including Phases 1 to 3 and Ridgewood Court (which
notably uses the same SWM Pond #5 as the proposed revised Phase 4 DPS), rely on
the Easement for the purposes of ongoing operation, repair and any necessary updates
of the SWM facilities.
[25] The parties both acknowledge that, eventually, the Applicant will cease to
maintain an interest in the 2001 Subdivision lands (i.e., once all of the phases are
completed, individual lots are transferred to homeowners, and all lands designated for
public purposes are conveyed to the Municipality), and thus it would cease to maintain
Easement rights associated with the SWM facilities located on the Golf Course Lands.
Given that the subject Easement rights `run with the land', both parties acknowledge
that the Easement rights associated with the SWM facilities (i.e., access to allow for
appropriate construction, upgrade, repair, maintenance, etc.) are currently destined to
rest with each individual lot owners of the 2001 Subdivision. This eventual outcome
constitutes the core of the Township's concerns respecting this matter.
[26] In an apparent response to this issue, the Applicant indicated in its submissions
that it "has offered to enter into arrangements with the Township to provide legal access
to the Township in accordance with the terms of the Easement should they wish to
access the SWM facilities" (hereinafter referred to as the "Legal Access Offer"). The
Applicant provided no further details about what this might precisely involve, nor did it
nor the Township make any reference to such a possible arrangement within its
respective proposed DPS Conditions appended hereto as Attachments 3 and 4.
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[27] The Tribunal finds that such an arrangement, if feasible, is important to consider,
given that much of the Township's policy-based submissions respecting the
reasonableness of its proposed DPS Conditions is premised on a position that the
Municipality must have sufficient control over the SWM facilities located on the Golf
Course Lands. While the Township insists in its submissions that sufficient control can
only be achieved through ownership of the lands, the Tribunal finds that an alternative
to outright title ownership should at least be considered, if feasible, as part of the
present appeal.
[28] In addition, the Tribunal notes that, in the same way that the subject Easement
rights `run with the land' to confer rights to individual homeowners who purchase lots of
the 2001 Subdivision, the same must also logically result in favour of the Township
regarding those lands of the 2001 Subdivision, internal to the subdivision, that are
conveyed to the Township (i.e., lands occupying public streets, parks, municipal
infrastructure, etc.).
Current Applications
[29] The Subject Lands / Phase 4 are currently draft plan approved for approximately
69 single-detached units, subject to the same DPS conditions as the balance of the
2001 Subdivision.
[30] In 2014, the Township approved OPA 36, which serves to re-designate portions
of the Subject Lands to permit higher density development.
[31] In 2016, in order to implement the increased density allowed by OPA 36, the
Applicant submitted applications for a ZBA and revised DPS, which were appealed for
non-decision in March 2021 (collectively, the "Current Applications").
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[32] The Current Applications propose 23 single-detached residential lots (plus
Block 32, which is set aside for potential future development of two additional single-
detached residential lots) and 48 townhouse blocks.
[33] Mr. McCuaig, the Applicant's municipal services / SWM expert, prepared the
Functional Servicing Report dated January 17, 2021 (the "FSR") in connection with the
Current Applications addressing SMW servicing. The report proposes that the Current
Applications be designed to convey minor storm flows underground and major storm
flows overland to discharge into the existing SWM Pond #5 located on the Golf Course
Lands.
[34] This is the same scheme that was originally proposed and approved for Phase 4
of the 2001 Subdivision. The FSR denotes that the proposed SWM system meets all
required design standards and that sufficient flow volumes are present. The FSR
confirms that the development will be able to maintain a water balance with pre-
development conditions and can show a reduction in phosphorous runoff. Mr. McCuaig
confirmed in his Affidavit that he has been advised that both the Township and the
Nottawasaga Valley Conservation Authority ("NVCA") are satisfied with the proposed
preliminary stormwater servicing analysis and SWM scheme, in principle, from an
engineering / technical standpoint.
ANALYSIS
[35] To repeat, the Township has not raised any issues with respect to the SWM
plans other than it relates to the ownership of the facilities that are located on the Golf
Course Lands. Further, to be clear, the Applicant is in agreement with the imposition of
all of the DPS conditions proposed by the Township, save and except for the imposition
of conditions associated with the conveyance of third-party-owned lands containing
SWM facilities designed to serve the needs of Phase 4 (such conditions are
incorporated into conditions 21, 26(e) and 42 of the Township's DPS Conditions,
appended as Attachment 3). In its submissions, the Applicant has clarified that it is
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prepared to convey any part of the SWM system to the Township that is located on their
lands.
[36] Further, to be clear, Township staff, in addition to peer reviewers and external
agencies such as the NVCA, have raised no objections respecting the proposed
development from a land use planning standpoint, including no concerns about
proposed uses, density, compatibility, fit, or the layout of the subdivision. In summary,
the Township is supportive of the technical and planning aspects of the Current
Applications, save and except for the ownership of the SWM facilities' lands.
[37] Setting aside the ownership issues associated with the subject SWM facilities, no
issues have been raised with respect to consistency with the Provincial Policy
Statement, 2020 ("PPS"), conformity to the Growth Plan for the Greater Golden
Horseshoe, 2020 ("Growth Plan"), the County of Simcoe Official Plan ("CSOP"), or the
Township's Official Plan ("Township OP").
[38] The ZBA application, alone, is uncontested and supported by the Township, with
the ownership of SWM lands having no bearing on this part of the Current Applications.
[39] Much of the DPS analysis can also be examined by the Tribunal from a policy
standpoint. For example, the proposed uses, density, compatibility, fit, and layout of the
DPS are principally unaffected by the ownership status of lands containing the subject
SWM facilities.
[40] As a result, and as a means to later focus exclusively on the contested issues,
the Tribunal will first examine the Current Applications while setting aside the issues
surrounding the ownership of lands containing the subject SWM facilities. Following this,
the Tribunal will focus on the contested issues, being a policy analysis associated with
municipal versus private ownership of lands containing the subject SWM facilities.
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Policy Context: Setting Aside the SWM Facilities Ownership Issues
[41] The evidence demonstrates that the Subject Lands are located within the
Settlement Area of Horseshoe Valley and are partially designated Horseshoe Valley
Low Density Residential (which permits single-detached dwellings) and Horseshoe
Valley Medium Density Residential (which permits single-detached, townhouses, and
mid-rise buildings) under OPA 36. There is no contest that the Current Applications
conform with the existing designations of the Subject Lands and an official plan
amendment is not required.
[42] The uncontested evidence also shows that the Current Applications lay out an
appropriate lotting fabric for Phase 4 to maintain conformity with the larger 2001
Subdivision and to ensure that Phase 4 can be implemented in a comprehensive
fashion with adjacent Phases 3 and 5.
[43] Through his Affidavit, Mr. Vella, the Applicant's Land Use Planning Expert,
undertakes a detailed policy review of the Current Applications and concludes that the
Current Applications are consistent with the PPS, conforms to the Growth Plan, the
CSOP, and the Township OP, and it generally represents good planning in the public
interest.
[44] Mr. Witlib, the Township's Land Use Planning Expert, focused his Affidavit
evidence exclusively on the SWM facilities ownership issues and, consequently, did not
provide evidence contrary to Mr. Vella's opinion with respect to the balance of the policy
matters to consider respecting the Current Applications.
[45] As a result, when examining the merits of the Current Applications while setting
aside the SWM facilities ownership issues, the Tribunal relies principally on Mr. Vella's
evidence and opinion.
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[46] Accordingly, while setting aside the SWM facilities ownership issues, the Tribunal
accepts Mr. Vella's evidence and opinion and finds that the Current Applications have
sufficient regard for the applicable sections of the Planning Act ("Act"), are consistent
with the PPS, conform to the Growth Plan, the County and Township OPs, and
generally represent good planning in the public interest.
[47] A summary of Mr. Vella's evidence in this regard is as follows.
Planning Act
[48] Given the nature of the proposal, including its current location within an identified
settlement area, existing land use designations which permit the form of development
proposed and current DPS approval status, the proposed applications appropriately
consider matters of provincial interest as set out in s. 2 and have sufficient regards for
the listed criteria of s. 51(24) of the Act.
[49] As it relates to s. 51(25) of the Act, the DPS Conditions proposed by the
Township are reasonable and appropriate, provided that the conditions requiring
conveyance of third-party-owned lands are set aside.
Provincial Policy Statement, 2020
[50] The PPS encourages the establishment of healthy, liveable and safe
communities and requires that sufficient land be made available to accommodate an
appropriate range and mix of land uses to meet projected intensification targets of the
community.
[51] Given the nature of the proposal, location of the Subject Lands, including existing
land use designations and current DPS approval status, the Current Applications are
consistent with the PPS in the following notable ways:
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• Part IV of the PPS supports the achievement of efficient development
patterns. Section 1.1.1 e) promotes the integration of land use planning,
growth management, transit-supportive development, intensification and
infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land
consumption and servicing cost. As it relates to this policy, the proposed
development aims to make efficient use of existing infrastructure, which in
turn will minimize land consumption and servicing costs.
• Sections 1.1.3.1 and 1.1.3.2 provide that settlement areas shall be the
focus of growth and development. Land use patterns within settlement
areas shall be based on densities and a mix of land uses which "are
appropriate for, and efficiently use, the infrastructure and public service
facilities which are planned or available, and avoid the need for their
unjustified and/or uneconomical expansion". As it relates to this policy, the
proposed development provides the desired increase in the supply of a
mix and range of housing types and makes use of existing infrastructure,
which was originally planned, approved and available to accommodate the
development of Phase 4.
[52] In summary, the proposed development supports PPS policies by providing an
increase in the supply of a mix and range of housing types while contributing to the
efficient use of existing public infrastructure.
A Place to Grow - Growth Plan for the Greater Golden Horseshoe, 2020
[53] The Growth Plan is a long-term plan that works with other provincial plans to
provide a framework for growth management in the Greater Golden Horseshoe Region.
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[54] Given the nature of the proposal, location of the Subject Lands, including existing
land use designations and current DPS approval status, the applications conform with
the Growth Plan in the following notable ways:
• The proposed development is located in an area approved and designated
for residential development and uses that are in conformity with OPA 36.
The proposed DPS aims to increase density and permit an additional
housing type (townhouses) from what is currently approved, being more
consistent with the existing land use designations. By providing more
housing options, the development supports the achievement of complete
communities insofar as it provides an increase in housing stock for a wider
range of household sizes, ages and incomes.
• The Current Applications optimize the use of existing land supply in a
designated settlement area in a more compact built form while making
better use of existing and planned infrastructure.
• The Current Applications also support the forecasted growth on lands
currently permitted and draft approved for residential development,
thereby assisting the Township in achieving its density target of 32
residents and jobs combined per hectare.
[55] In summary, the Current Applications generally do not deviate from the
previously approved DPS. The proposed development, which accommodates
residential uses within a settlement area, meets the goals and objectives of the Growth
Plan, including the achievement of the minimum intensification targets established by
the Growth Plan.
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County of Simcoe Official Plan
[56] The Subject Lands are located within the Horseshoe Valley Settlement Area and
designated as Settlement as per Schedule 5.1 : Land Use Designations of the CSOP.
The Current Applications conform with the CSOP in the following notable ways:
• The Current Applications seek to develop lands which are located within a
settlement area, have existing draft plan approved status, appropriate land
use designations and can be effectively serviced while contributing to the
range of housing options within the Horseshoe Valley Settlement Area.
• The proposed development will minimize land consumption through higher
density development (in conformity with OPA 36) while making use of
existing services and thus minimizing servicing costs.
• The required infrastructure and public service facilities are approved and
exist, facilitating cost effective servicing of the proposed development. The
Current Applications promote sustainability and energy efficiency through
increased densities, which contribute to a complete community through
additional housing types. The CSOP specifically prioritizes infill and
intensification proposals, such as the Current Applications, that utilize
existing infrastructure and public service facilities. The previous phases of
the 2001 Subdivision have all sold out, demonstrating the need for new
units to be made available.
• The proposed development is considered intensification in the context of
the CSOP and assists the Township in achieving its minimum
intensification target. Further, as previously indicated, the proposal also
meets the density target of 32 residents and jobs combined per hectare.
[57] In summary, the Current Applications generally do not deviate from the
previously approved DPS, except as it relates to increased density which is supported
by the implementation of OPA 36. The proposed development, which accommodates
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residential uses within a settlement area, meets the goals and objectives and conforms
to the CSOP.
Township of Oro-Medonte Official Plan
[58] The Subject Lands are located within the Horseshoe Valley Development Node
and are designated as Horseshoe Valley Medium Density Residential and Horseshoe
Valley Low Density Residential. The Current Applications conform to the Township OP
in the following notable ways:
• The Subject Lands are located within a settlement area, where full sewer
services are anticipated to be available in the future and municipal water
services currently exist. The proposed development will be serviced
through an extension of the existing municipal water system and through
the existing Skyline Waste Water Treatment Plant with the intent to
connect to the municipal wastewater system when available.
• The proposed development is located on lands within the Horseshoe
Valley Settlement Area, a focal point for growth within the Municipality and
which has been designated, zoned and DPS approved for residential use
and development since 2001 . The proposed applications aim to expand
housing types and increase proposed densities on the Subject Lands in
conformity with OPA 36 by efficiently utilizing development lands for
medium and low-density residential uses. The development will also take
advantage of planned and existing infrastructure within a planned
community.
• The Subject Lands are part of a comprehensive development plan for the
area. Three of the five phases of development have already been
registered. The proposed Phase 4 development will aid in achieving a
complete community with a wider range of housing types while
maintaining the character of the area. It will be serviced in a manner
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similar to existing development and previous phases. A large park area is
also planned for the future Phase 5 for current and future residents of the
area.
• The proposed development pattern has been designed to provide logical
and efficient extensions of all municipal services. The proposed
applications will facilitate a more efficient use of the land than what is
currently permitted according to the existing zoning by-law while
contributing to the tax base to ensure no inefficiencies or decline in
municipal services will result from the development.
• The Subject Lands will be serviced through an extension of the existing
municipal water system and existing Skyline Waste Water Treatment Plan
with the ultimate sanitary solution being a full municipal system as
identified through the ongoing Township Master Servicing Plan.
• The proposed development provides a wider range of residential uses
than what is currently approved in a consolidated manner. The site is
surrounded by recreational uses and will be an integral part of a mixed-
use community, adding residents and consumers to assist in the viability
of commercial businesses.
• There are no known or identified natural heritage features within the limits
of the development. The NVCA has indicated no objections to the Current
Applications subject to the proposed conditions of approval.
• The proposed development conforms with various policies of the
Township OP based on permitted density (permitted being 30 units per
hectare, and proposed being approximately 14 units per hectare) and built
form (being single detached dwellings and townhouse dwellings).
• The form of servicing proposed has been established in consultation with
Township staff and appropriate agencies. The required studies have been
completed and revised as needed in support of the proposed servicing
strategy. Neither Township staff nor applicable/appropriate agencies have
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expressed concern with the proposed form of servicing. The required
studies submitted in support of the Current Applications include:
- Functional Servicing Report, Gerrits Engineering (2021)
- Geotechnical Report, Terraprobe (2015)
- Stage 1-2 Archaeological Assessment, Amick Consultants (2013)
- Traffic Impact Study, Pearson Engineering and JD Engineering
(2014)
- Natural Heritage Report, Azimuth Environmental Consulting (2016)
• The proposed development represents the next phase of the Horseshoe
Ridge development and can be adequately serviced. The Current
Applications conform to the policies contained in sections C14.3.6.1
through C14.3.6.8 of the Township OP.
[59] In summary, the Current Applications generally do not deviate from the
previously approved DPS, except as it relates to increased density which is supported
by the implementation of OPA 36. The proposed development, which accommodates
residential uses within a settlement area, meets the goals and objectives and conforms
to the Township OP.
Summary and Conclusion while setting aside the SWM facilities ownership issues
[60] In summary, while setting aside the SWM facilities ownership issues, the Tribunal
finds that the Current Applications have sufficient regard for the applicable sections of
the Act (s. 2 and the criteria listed at s. 51(24)), are consistent with the PPS, conform to
the Growth Plan, the County and Township OPs, and represent good planning in the
public interest. Setting aside the conditions requiring conveyance of third-party-owned
lands, the DPS Conditions proposed by the Township are reasonable in accordance
with s. 51(25) of the Act.
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Policy Context: the SWM Facilities Ownership Issues
[61] As stated previously, this case is about the ownership status of the lands which
occupy the Phase 4 SWM facilities. The Township wants these lands conveyed to it as
part of the DPS Conditions. The Applicant is asking that the DPS not include such
conditions.
[62] At the center of these issues is an easement that was registered on title of the
Golf Course Lands in 2001. This Easement essentially provides rights to the owner(s) of
the 2001 Subdivision Lands as it relates to the subject SWM facilities. The Easement
runs with the 2001 Subdivision Lands. The parties are in agreement that, if this
Easement is left undisturbed, the subject Easement rights will eventually pass on to the
individual property owners of the subdivision, as these lots are sold to homeowners, and
the Applicant will eventually no longer hold any such rights once it no longer has any
property interests in the 2001 Subdivision Lands. The Tribunal also finds that the same
will occur in relation to any lands that are conveyed to the Municipality, provided that
such Easement rights are not released.
[63] It is noteworthy that SWM Pond #5 is currently being used to serve the SWM
needs of the Ridgewood Court subphase of the 2001 Subdivision, and a number of
other SWM ponds located on the Golf Course Lands currently serve the SWM needs of
the other phases of the 2001 Subdivision, despite the fact that these lands are located
on the Golf Course Lands and not otherwise owned by the Municipality.
[64] Despite the fact that SWM Pond #5 and other SWM ponds on the Golf Course
Lands are currently serving the SWM needs of the 2001 Subdivision, the Township
takes the position that it is not satisfied with the current arrangements for the SWM
facilities planned for Phase 4 (including SWM Pond #5) and, as a result, it insists that
the new revised DPS Conditions include a requirement to convey ownership of the
subject SWM lands to the Township.
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[65] The Township has identified two key reasons for their position:
1 . Even if Easement rights or responsibilities are somehow provided to the
Township, the terms of the Easement are not acceptable; and
2. The Township's proposed conditions, as it relates to conveyance of the
SWM facilities lands, are consistent with the PPS, have due regard for s. 2
and s. 51(24) of the Act, conform with the Township's OP and otherwise
represents good planning.
Terms of the Easement and Associated Rights
[66] As mentioned above, the Applicant has tendered a Legal Access Offer to,
ostensibly, provide further rights to the Township associated with the subject SWM
facilities.
[67] In response to this conceptual proposal, the Township submitted that the terms
of the Easement are not adequate and, consequently, the Legal Access Offer would
provide unsatisfactory rights to access / maintain / repair/ etc. the subject SWM
facilities on the Golf Course Lands. The Township raises the following points in support
of its opposition to any arrangement that falls short of it obtaining full title ownership of
the SWM facilities lands:
• The Easement is currently a matter subject to litigation;
• The terms of the Easement are not sufficiently clear;
• The Easement contains provisions that could hinder the exercise of rights
thereunder by any party benefitting from the Easement; and
• In general, the terms of the Easement are not adequate for the purposes
of ensuring adequate long-term maintenance and operation of the SWM
facilities.
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[68] As it relates to the above point concerning litigation associated with the
Easement, the Township submitted that "[t]he Township's concerns about the meaning
of terms of the Easement are validated by the fact that HVD has initiated litigation
concerning the Easement".
[69] However, the Tribunal notes, nothing was provided to clearly substantiate the
subject matter or the merits of that litigation. The Tribunal therefore finds that it is not in
a position to assess the merits of that litigation; nor is this the proper forum to do so in
any event. As a result, the Tribunal will disregard these submissions. The Tribunal will
instead remain focussed on the actual terms of the Easement from a planning policy
perspective, to assess whether or not the Easement is adequate to provide the
Township with sufficient access and other rights associated with the SWM facilities
located on the Golf Course Lands.
[70] The Tribunal considered the other submissions of the Township as it relates to
ambiguity of the terms of the Easement, including:
• whether or not the specific terms of the Easement are sufficiently clear;
• whether or not the Easement contains provisions that could unacceptably
hinder the exercise of rights thereunder by any party benefitting from it;
• whether or not paragraph 5 of the Easement is capable of multiple
interpretations respecting when work may be scheduled;
• how the terms of Easement, and in particular paragraphs 3 and 5, apply
when the Golf Course Lands are no longer being used as a golf course.
• whether or not the terms of the Easement include any general right of
drainage over the Golf Course Lands.
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[71] The Tribunal finds that the terms of the Easement are sufficiently clear and
comprehensive, read in its entirety, as it relates to providing appropriate access to the
subject SWM facilities located on the Golf Course Lands.
[72] Of particular note, the Tribunal finds no ambiguity in Term 1 whatsoever, which
provides comprehensive and complete "free and uninterrupted and unobstructed right
and Easement to construct, operate and maintain [...] such Stormwater Management
Facilities". The Tribunal also finds no unacceptable hinderances of such rights. Term 1
further includes a general right of drainage over the Golf Course Lands, using the words
"under or across" in relation to "Stormwater Management Facilities", which indicates
surface drainage overland as well as subsurface drainage.
[73] As it relates to any restrictions set out in Term 5, the Tribunal finds that this term
does not unacceptably hinder access, etc., on account of the property being used as a
golf course. The "emergency" caveat ensures that access, work, etc., may still be done
as needed in a timely way.
[74] In general, the Tribunal also finds that the Easement, read in its entirety, remains
clear and unambiguous despite the Golf Course Lands ceasing operations as a golf
course, including Terms 3 and 5. The Tribunal finds that, as a result of the fact that the
Golf Course Lands are no longer operating as a golf course, any incumbrances outlined
in Term 5 simply do not apply.
[75] In conclusion, the Tribunal finds that the terms of the Easement are clear and
unambiguous. The Easement provides terms which sufficiently provide both the
Township and the County with comprehensive access, maintenance and construction
rights with respect to the SWM facilities located on the Golf Course Lands. As a
consequence, the effectiveness of the Applicant's conceptual Legal Access Offer is not
defeated due to the terms of the Easement.
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Policy Support of the Parties'Respective DPS Conditions
[76] The appeal of the subject DPS Conditions is premised upon non-compliance with
s. 51(25) of the Act, which reads:
The approval authority may impose such conditions to the approval of a
plan of subdivision as in the opinion of the approval authority are
reasonable, having regard to the nature of the development proposed for
the subdivision [...] [emphasis added]
[77] In the present case, to succeed with this appeal, the Applicant must prove the
following:
1 . That the conditions proposed by the Municipality are not reasonable; and
2. That the alternative conditions proposed by the Applicant comply with the
Act and are otherwise supported by the applicable provincial and
municipal planning policies.
[78] To repeat, there is no contest between the parties from a policy standpoint
regarding any of the Township's conditions, save and except for those conditions that
require conveyance of those parts of the Golf Course Lands that house the SWM
facilities designed to serve the SWM needs of Phase 4. As a result, and based on the
evidence of the parties' respective experts, the Tribunal accepts that all of the
Township's proposed conditions, save and except for those requiring conveyance of
third-party lands to the Municipality, are both reasonable and supported by the
applicable provincial and municipal planning policies.
[79] Upon this finding, the Tribunal's analysis will focus on the reasonableness of
those parts of the Township's proposed conditions that require the conveyance of third-
party-owned lands to the Municipality (being conditions 21, 26(e) and 42 of the
Township's DPS Conditions, appended as Attachment 3), followed by an analysis to
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determine whether the alternative conditions proposed by the Applicant (as appended
as Attachment 4) are supported by provincial and municipal policies.
Reasonableness of the Township's DPS Conditions
[80] The crux of this case is whether or not it is reasonable to require a developer to
convey lands that it does not own to a municipality as a condition of a DPS. There is no
question that, in general, the conveyance of lands housing SWM facilities to a
municipality is preferred and supported by policy (see PPS policy 1.6.6.2 in particular,
as examined in greater detail below). However, where it is not feasible to convey such
lands, especially those lands that have already been planned, approved and
constructed to house SWM facilities off-site, it is unreasonable to invoke such a
requirement because the developer has no power to satisfy the condition.
[81] Both parties acknowledge that the elements to be considered in assessing
whether a condition is reasonable is set out in Taylor v. Guelph (City), [1998] O.M.B.D.
No. 869, being: (1) relevancy; (2) necessity; and (3) equity. For the reasons that follow,
the Tribunal finds the impugned conditions to be relevant, but neither necessary nor
equitable.
[82] The Tribunal finds the conditions to be relevant because the Township has an
obvious interest in the future access, management and upkeep of the subject SWM
facilities.
[83] In support of its position, the Applicant drew the Tribunal's attention to
Havenwood Properties (Central Limited) v. Brampton (City), 2019 LNONLPAT 836. In
that case, the Tribunal held that it could not impose conditions that would require the
consent and action of a third-party. In that case, the Tribunal found those conditions to
be patently unreasonable and virtually guaranteed that the development would be
unable to proceed in any practical sense.
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[84] The Tribunal finds the same in the present case. Such a condition is
unreasonable for being unnecessary, because the SWM facilities that are located off-
site, being planned, approved and constructed to serve the requisite SWM needs of
Phase 4, are subject to an easement which provides the Township (and County) with
sufficient access and other rights to maintain / improve the facilities as needed. In other
words, a transfer of ownership is unnecessary for it to serve its planning purposes.
[85] The Tribunal further finds these conditions to be unnecessary given that other
SWM facilities for Phases 1 to 3 and the Ridgewood Court subphase have apparently
operated without issue despite the facilities (including SWM Pond #5) being located on
lands not owned by the Municipality.
[86] The Tribunal also finds these contested conditions inequitable, given that it
essentially compels the Applicant to broker a sale of the Golf Course Lands without any
power to do so. At the same time, the Township could, in theory, if it absolutely
determined that it must own these lands, expropriate those parts of the Golf Course
Lands containing the SWM facilities. The Tribunal does not accept the Township's
submissions claiming "[expropriation] could be construed as an attempt by the
Township to interfere with the existing contractual relations of the owner of the Golf
Course Lands", as it provided no evidence to support such a contention.
[87] The Township argues that the reasonableness of requiring the conveyance of all
lands containing SWM facilities is supported by polices of the PPS. The Tribunal
recognizes the following polices of the PPS as being the most relevant:
1.6.3. Before consideration is given to developing new infrastructure
and public service facilities:
a) the use of existing infrastructure and public service
facilities should be optimized; and
b) opportunities for adaptive re-use should be
considered, wherever feasible.
1.6.6.1 Planning for sewage and water services shall:
a) accommodate forecasted growth in a manner that
promotes the efficient use and optimization of existing:
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1. municipal sewage services and municipal
water services; and
2. private communal sewage services and
private communal water services, where
municipal sewage services and municipal
water services are not available or feasible;
d) integrate servicing and land use considerations at all
stages of the planning process; and
e) be in accordance with the servicing hierarchy outlined
through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5.
For clarity, where municipal sewage services and
municipal water services are not available, planned or
feasible, planning authorities have the ability to
consider the use of the servicing options set out
through policies 1.6.6.3, 1.6.6.4, and 1.6.6.5 provided
that the specified conditions are met
1.6.6.2 Municipal sewage services and municipal water services are
the preferred form of servicing for settlement areas to support
protection of the environment and minimize potential risks to
human health and safety. Within settlement areas with existing
municipal sewage services and municipal water services,
intensification and
1.6.6.3 Where municipal sewage services and municipal water
services are not available, planned or feasible, private
communal sewage services and private communal water
services are the preferred form of servicing for multi-unit/lot
development to support protection of the environment and
minimize potential risks to human health and safety.
1.6.6.7 Planning for stormwater management shall:
a) be integrated with planning for sewage and water
services and ensure that systems are optimized,
feasible and financially viable over the long term;
f) promote stormwater management best practices,
including stormwater attenuation and re-use, water
conservation and efficiency, and low impact
development.
[88] The following definition is provided in the PPS:
Municipal sewage services: means a sewage works within the meaning
of section 1 of the Ontario Water Resources Act that is owned or
operated by a municipality, including centralized and decentralized
systems.
[89] Pursuant to s. 1 of the Ontario Water Resources Act, the following definitions
apply:
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"sewage works" means any works for the collection, transmission,
treatment and disposal of sewage or any part of such works, but does
not include plumbing to which the Building Code Act, 1992 applies;
"sewage" includes drainage, storm water, commercial wastes and
industrial wastes and such other matter or substance as is specified by
the regulations; [emphasis added]
[90] The Tribunal agrees with the Township insofar as policy 1.6.6.2 of the PPS
clearly indicates that "[m]unicipal sewage services and municipal water services are the
preferred form of servicing for settlement areas", and the definition of "municipal sewage
services" includes "sewage works" that are "owned or operated by a municipality".
However, the PPS clearly contemplates scenarios where these works are not
necessarily owned by the municipality, given the word "or" (as per "owned or operated")
included in the definition of "municipal sewage services".
[91] Furthermore, policy 1 .6.6.3 of the PPS provides even greater clarity insofar as
the PPS contemplates circumstances where privately held sewage works are policy-
supported. Policy 1.6.6.3 states that "[w]here municipal sewage services and municipal
water services are not available, planned or feasible, private communal sewage
services and private communal water services are the preferred form of servicing". In
the present case, the Tribunal finds that the evidence clearly shows that municipally-
owned sewage works (as it relates to SWM Pond #5) are neither planned nor feasible.
[92] The balance of the Township's submissions in support of its position ultimately
always circles back to the same considerations as expressed above in relation to policy
1.6.6.2 of the PPS. It is therefore clear to the Tribunal that the issues of this case are
principally determined in accordance with the above noted sections of the PPS. The
written submissions of both parties further reflect this.
[93] The Tribunal also finds that the Township has failed to sufficiently consider those
PPS policies, which speak of using and optimizing existing / planned infrastructure and
public service facilities. The Tribunal finds that these polices are not supported by the
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Township's version of the DPS Conditions which have the effect of frustrating the
Applicant's efforts to use and optimize the existing / planned SWM facilities located on
the Golf Course Lands.
[94] In conclusion on this point, the Tribunal finds that those DPS Conditions
proposed by the Township, which compel the conveyance of third-party-owned lands, to
be unreasonable contrary to s. 51(25) of the Act, and also inconsistent with PPS
policies designed to use and optimize existing / planned infrastructure.
DPS Conditions Proposed by the Applicant
[95] The Tribunal generally finds that the DPS Conditions proposed by the Applicant
(appended as Attachment 4) to be reasonable pursuant to s. 51(25) of the Act and
supported by the policies outlined in the PPS associated with making efficient use and
optimization of existing / planned infrastructure.
[96] Furthermore, the Applicant's proposed DPS Conditions have sufficient regard for
matters of provincial interest set out in s. 2 of the Act, including subsection (f), and the
criteria set out at s. 51(24) of the Act, including subsections (a) and (i) in particular.
[97] Notwithstanding the above, the Tribunal notes that the evidence also shows that
the Applicant has tendered a Legal Access Offer to the Township, which ostensibly may
secure additional rights to the Township associated with the subject SWM facilities.
[98] While lacking particulars, this fact is relevant given that the PPS clearly indicates
that SWM facilities be managed in accordance with the servicing hierarchy outlined
through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1 .6.6.5. By plain reading of these sections,
it is clear that the intent of the PPS is to vest as much control over such works as
possible in the hands of the municipality. This objective cannot be ignored by the
Tribunal. While this does not necessarily mean ownership, and ownership has been
found to be infeasible and unplanned in the present case, the stated hierarchy
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nevertheless directs this Tribunal to prefer conditions that grants the municipality with as
much control over SWM works as is practicably possible.
[99] With this in mind, the Tribunal notes that neither of the parties presented the
Tribunal with a version of DPS Conditions (see Attachments 3 and 4) that contemplates
a method to provide further rights to the Municipality associated with the off-site SWM
facilities — such as through the aforementioned Legal Access Offer. This is despite the
Applicant indicating that such a method may be at hand. As a result, this Tribunal held a
brief VH with the parties on April 19, 2022 to discuss the possible merits of adding
conditions to reflect what has been referred to as the Legal Access Offer.
The April 19, 2022 Hearing and Jointly Submitted DPS Conditions
[100] At the April 19, 2022 hearing, the Tribunal delivered the above findings to the
parties orally, insofar as the Tribunal found that the Township's conditions to require
conveyance of the third-party-owned lands are unreasonable, and that the terms of the
Easement are unambiguous and provide a comprehensive and complete assortment of
access and other rights in relation to the SWM facilities located on the Golf Course
Lands. The Tribunal followed by asking the parties for submissions on the merits of
adding DPS conditions to reflect what has been referred to as the Legal Access Offer.
[101] At the hearing, the Applicant confirmed that the terms of the Easement do not
allow a formal "assignment" of the subject Easement rights, in the legal sense of the
term, but it is possible to enter into an agency agreement with the Township as it relates
to access, operation, maintenance and repair the subject SWM facilities set out in the
Easement. Furthermore, the Applicant confirmed that the recognition of such an agency
agreement could be included as a condition of sale in relation to the Phase 4
development lots. The parties also acknowledged that the Township will probably
receive some automatic Easement rights together with lands that are conveyed to it as
part of the Phase 4 development (i.e., together with lands for roads, parks and
municipal services).
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[102] At the hearing, the Township was receptive of the concept of obtaining as much
control over the subject SWM facilities on the Golf Course Lands as possible, and
indicated an interest in pursuing any such DPS Conditions which would provide such
benefits.
[103] The parties were then invited and agreed to work on a joint revision of the
proposed conditions that reflect both the Tribunal's Decision regarding the
unreasonableness of the Township's requirement to convey ownership of the third-
party-owned lands, and those polices of the PPS which indicate a preference to
maximize the municipality's rights and associated control over SWM facilities. The
parties were further asked to provide any supporting planning evidence required to
support such conditions in writing.
[104] As requested, the Tribunal received the jointly submitted revised version of the
DPS conditions which reflect the above (appended as Attachment 5). Two conditions
were added, at Nos. 54 and 55 (collectively, the "Agency Conditions"), which read as
follows..
54. That prior to final approval the Owner enter into an Agency
Agreement with the Township of Oro-Medonte in regards to the access,
operation, maintenance and repair of certain Stormwater Management
Facilities, which shall be attached as a schedule to the Subdivision
Agreement registered on title.
55. That the Subdivision Agreement contain the following clause to
the satisfaction of the Township of Oro-Medonte: "The owner shall
include in all agreements of purchase and sale a clause requiring
prospective purchasers to acknowledge the contents of the Agency
Agreement between the Owner and the Township of Oro-Medonte
attached as Schedule "X"to this Agreement".
[105] Through a supplementary affidavit, Mr. Vella testified that the purpose of the
Agency Agreement is to allow the Township, as the Applicant's Agent, to operate,
maintain and repair the SWM facilities within the parameters of what is permitted within
the existing Easement. Furthermore, subsequent owners of each lot would
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acknowledge the existence of the Agency Agreement through individual agreements of
purchase and sale.
[106] Mr. Vella accordingly opined that the Agency Conditions meet the requirements
under the Act, are consistent with provincial policy, and constitute good planning for the
following reasons:
• The Agency Conditions have appropriate regard for matters of provincial
interest as set out in s. 2 of the Act and, particularly, the adequate
provision and efficient use of existing sewage services;
• The Agency Conditions have regard for the criteria required by s. 51(24)
and are reasonable in accordance with s. 51(25) of the Act by supporting
and facilitating access to and the maintenance, operation and repair by
the Township, while ensuring that prospective purchasers are made aware
of the agreement by including the Agency Agreement within the
Subdivision Agreement, registered on title;
• The Agency Conditions are consistent with the PPS as follows:
- Section 1.6.6.3 of the PPS recognizes that where full municipal
sewage and water services are not available, private communal
sewage and water services are the preferred form of servicing, and
the proposed SWM facilities constitute a private communal sewage
service as permitted by the PPS and consistent with the existing
service levels within the Horseshoe Valley Settlement Area.
- Section 1.6.6.2 of the PPS recognizes full municipal sewage and
water services as the preferred form of servicing for settlement
areas, with municipal sewage services being defined as "owned or
operated by a municipality", and the Agency Conditions will
facilitate Municipal operation of the SWM Facilities. [emphasis
added]
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[107] The Tribunal accepts this additional evidence and similarly finds that the Agency
Conditions, as set out above, meet the requirements of the Act, are consistent with the
PPS, and generally constitute good planning in the public interest. Consequently, the
Tribunal finds that these additional conditions should be added to the version submitted
by the Applicant as Attachment 4, constituting the jointly submitted version of DPS
Conditions appended as Attachment 5.
SUMMARY AND CONCLUSION
[108] The Tribunal finds that the Current Applications have sufficient regard for the
applicable sections of the Act (s. 2 and the criteria of s. 51(24)), are consistent with the
PPS, and conform to the Growth Plan, the CSOP, and the Township OP, and the
proposed ZBA and DPS (including conditions, as jointly submitted) otherwise represent
good planning and are in the public interest.
[109] Furthermore, the Tribunal confirms that it has had regard for the decisions by the
Township in relation to this matter, as well as the information and material that the
Township considered in making its decision, in accordance with s. 2.1 of the Act.
ORDER
[110] THE TRIBUNAL ORDERS that:
1. The appeal is allowed in part and the instruments are approved as follows:
(a) By-law No. 97-95 of the Township of Oro-Medonte is hereby
amended as set out in Attachment 1 to this Order. The Tribunal
authorizes the Municipal Clerk of Township of Oro-Medonte to
assign a number to this by-law for record keeping purposes.
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(b) The Draft Plan of Subdivision prepared by Innovative Planning
Solutions dated April 26, 2018, attached to this Order as
Attachment 2, is approved subject to fulfillment of the conditions
attached to this Order as Attachment 5. Pursuant to subsection
51(56.1) of the Planning Act, the Township of Oro-Medonte shall
have the authority to clear the conditions of draft plan approval and
to administer final approval of the plan of subdivision for the
purposes of subsection 51(58) of the Planning Act.
"K.R. Andrews"
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning
Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as
the Ontario Land Tribunal ("Tribunal'). Any reference to the preceding tribunals or the
former Ontario Municipal Board is deemed to be a reference to the Tribunal.
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OLT-22-003583 — Attachment 1
THE CORPORATION OF THE TOWNSHIP OF ORO MEDONTE
ZONING BY-LAW NUMBER -2021
"A By-law of the Township of Oro Medonte to amend Zoning By-Law No. 97- 95 by
rezoning portions of the lands described as Part of Lot 4, Concession 4 (Oro) in the
Township of Oro Medonte, County of Simcoe from Residential 1 Exception 140 (R1*140)
to Residential 1 Exception _ (R1* X), Residential 1 Exception (R1*Y), Residential 1
Exception Hold (R1*Y)(H), and Residential 2 Exception (R2*_), as depicted on Schedule
A attached hereto"
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, as amended;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has
determined a need to rezone the lands described above;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems
the said application to be in conformity with the Official Plan of the Township of Oro-
Medonte, as amended, and deems it advisable to amend By- law 97-95.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That Schedule "Al5" to By-law 97-95 is hereby further amended by rezoning
those lands described as Part of Lot 4, Concession 4 (Oro) in the Township of
Oro Medonte from Residential One Exception 140 (R1*140) to Residential One
Exception - (R1* X) Zone, Residential One Exception — (R1*Y) and Residential
Two Exception - (R2* ) Zone as shown on Schedule "A" to this By-law.
2. Notwithstanding Table Al of Zoning By-law 97-95, only the following uses are
permitted on lands zoned Residential One Exception — (R1*- Y):
• Single detached dwellings
• Accessory uses
3. THAT the (H) symbol that appears on Schedule "A" attached hereto identifies a
Holding Zone pursuant to Section 36 of the Planning Act, R.S.O. 1990,
c. P.13. This indicates that the lands so zoned cannot be used for a purpose
permitted by the Residential 1 Exception (R1*Y) zone until the (H) symbol is
removed pursuant to Section 36 of the Planning Act. The (H) provision shall be
lifted upon completion of the following matters to the satisfaction of The
Corporation of the Township of Oro-Medonte:
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That the owner demonstrate to the satisfaction of the Township that a suitable
building envelope or envelopes can be placed on the lands to be rezoned
Residential One Exception Hold (R1*Y)(H).
4. Notwithstanding Table B1 of Zoning By-law 97-95, single detached dwellings on
lands zoned Residential One Exception - (R1* X) and Residential One Exception
(R1*Y) shall be permitted the following provisions:
For Single Detached Dwellings:
■ Minimum Lot area of 420 m2
■ Minimum Lot Frontage of 14.5 m
■ Minimum Front Yard
o to dwelling 4.5 m
o to garage 6.0 m
■ Minimum Rear Yard
o to dwelling 7.5 m
o to deck 4.5 m
■ Minimum Exterior Side Yard 3.0 m
■ Minimum Interior Side Yard 1.2 m
■ Maximum Building Height 11 .0 m
■ Maximum Building Coverage 50 %
5. Notwithstanding Table B1 of Zoning By-law 97-95, townhouse dwellings on lands
zoned Residential Two Exception - (R2* - ) Zone shall be permitted the following
provisions:
For townhouse dwellings:
■ Minimum Lot area of 320 m2
■ Minimum Lot Frontage of 9.0 m
■ Minimum Front Yard
o to dwelling 4.5 m
o to garage 6.0 m
■ Minimum Rear Yard
o to dwelling 7.5 m
o to deck 4.5 m
■ Minimum Exterior Side Yard 3.0 m
■ Minimum Interior Side Yard
o for interior unit 0 m
o for end unit 1.5 m
■ Maximum Building Height 11 .0 m
■ Maximum Building Coverage 50 %
6. That all other provisions of the Zoning By-law 97-95, as amended, shall apply.
7. That Schedule "A", attached, does and shall form part of this By-law.
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8. That this By-law shall come into force and take effect on the date of passing
thereof, subject to the provisions of Section 34 of The Planning Act, R.S.O., 1990,
as amended.
BY-LAW READ A FIRST, SECOND AND THIRD TIME THIS DAY OF
2021.
Mayor
Clerk
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40 OLT-22-003583
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ZONING 6Y4_AW AMENDMENT
® Lands to be rezoned Residential SGHEDULE 'A'
One Exception-(R1'9C�Zone
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Lands to be rezone Residential Same:
One Exception-(R1'Y_)Zone .InDo AvePRarningSopJSons
The Township of Oro•Medorde Toning ey law 97.95
❑ Lands to rezoned Residential Exhibit#_ CLT Case No.- PL210328 I PS file No.: 18-771
Two Exception-(R2*_)Zane
INNOVATIVE PLANNING SOLUTIONS
Lands to be rezonedResidelnttal PLANNER$• PROJECTUANAGERS• LAND DEVELOP ERG
One Exception Hold- GO WEIM AN RO AD,0.R IT D.RAA AIE,O w.WORS
(R9* —(H))Zone kI:7OS•R+Z•WSJ ffi'705.812.30. hbeF5mrojVp rCSR .rAv,cscc.vu rRrnccan
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41 OLT-22-003583
OLT-22-003583 — Attachment 2
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OLT-22-003583 — Attachment 3
The Township's conditions and amendments to final plan approval for registration of this
subdivision are as follows:
No. Conditions
Township of Oro-Medonte
Planning Division
1. That this approval applies to the draft plan prepared by Innovative Planning
Solutions, dated April 26, 2018, showing a total of 73 residential units comprised
of 25 single detached residential lots, 2 blocks containing 48 townhouse units, 2
blocks for pathways, 2 blocks for 0.3 metre reserves and 1 block for a temporary
turning circle pending future extension of Landscape Drive.
2. That prior to final approval the appropriate zoning shall be in effect for this
subdivision, in accordance with the provisions of the Planning Act.
3. Prior to final approval of the Plan, the Owner shall provide the Township with
evidence in the form of an Ontario Land Surveyor Certificate that:
a) Any existing buildings or structures on the lands as of the date of final
approval, are situated so as to comply with applicable zoning by-laws after
registration of the plan; and
b) All lot frontages and lot areas within the plan conform to the Township of Oro-
Medonte Zoning By-law.
4. That prior to final Plan approval, the road allowances included within this draft
Plan of Subdivision shall be named to the satisfaction of the Township of Oro-
Medonte. The Owner shall agree in the Subdivision Agreement that all street
names shall be identified to the satisfaction of the Township prior to construction
of any buildings.
5. That the Owner shall agree in the Subdivision Agreement that a municipal
numbering system be assigned to the satisfaction of the Township of Oro-
Medonte.
6. That the owner shall enter into a subdivision agreement with the Township of
Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the
Township of Oro-Medonte.
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7. That the subdivision agreement between the Owner and the Township of Oro-
Medonte be registered by the Municipality against the lands to which it applies,
pursuant to the provisions of the Planning Act.
8. The Owner shall agree in the Subdivision Agreement that all applicable
Development Charges will be paid when the Building Permit is received in
accordance with the Township's Development Charges By-law, the County of
Simcoe Development Charges By-law and Education Charges By-law subject to
any applicable development charge credits and any other agreements with the
Township and/or the County.
9. That the road allowances included within this draft plan of subdivision shall be
dedicated as a public highway without monetary consideration and free of all
encumbrances.
10. That the 0.3 metre reserves included within this draft plan of subdivision shall be
conveyed to the Township of Oro-Medonte without monetary consideration and
free of all encumbrances.
11 . That Owner shall submit, to the satisfaction of the Township of Oro-Medonte, a
Tree Assessment and Inventory prepared by a qualified arborist. No tree
removal, grading, filling or excavation shall take place on the subject property
prior to the Township's acceptance of the Tree Assessment and Inventory and
approval of servicing/pre-servicing works.
12. That the Subdivision Agreement contain the following clause to the satisfaction of
the Township of Oro-Medonte: "The owner shall include in all offers of purchase
and sale for Lots 2 & 3 a clause advising prospective purchasers that portions of
the Lots are subject to an existing easement which restricts development on
those portions of the lands subject to the easement".
Development Engineering Division
13. That the final alignment and radii of all roads be designed to the satisfaction of
the Township of Oro-Medonte in accordance with the Township's Development
Engineering Policies, Process and Design Standards. The costs of all
construction will be at the expense of the Owner.
14. The pattern of streets and the layout of reserve blocks within this draft Plan of
Subdivision shall be designed to align precisely with the pattern and layout for
existing plans.
15. That all streets shall be designed and constructed in accordance with the
Township of Oro-Medonte's Development Engineering Policies, Process and
Design Standards, to a Local Residential Standard No. 3.5-02. The costs of all
construction will be at the expense of the Owner.
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16. The Owner shall agree in the Subdivision Agreement that construction access
shall be provided only in a location approved by the Township.
17. The Owner shall agree in the Subdivision Agreement that all portions of public
highways (rights-of-ways) which are not to be paved and all drainage swales on
public or private property shall be graded and sodded in accordance with the
standards of the Township.
18. The Owner shall agree in the Subdivision Agreement to grade and seed all
undeveloped lands within the plan, other than conservation lands, and to
maintain, to the satisfaction of the Township, all undeveloped lands within the
plan.
19. Prior to final Plan approval, the Owner shall provide adequate storm drainage
outlets including any necessary drainage easements to the satisfaction of the
Township of Oro-Medonte.
20. That such easements as may be required for utility or drainage purposes shall be
granted to the appropriate authority.
21 . That the Owner shall agree in the Subdivision Agreement, that such easements
and land dedications as may be required for access, drainage, servicing, utilities
and construction purposes shall be designed to the satisfaction of, and granted
to, the appropriate agencies or authorities, free and clear of all encumbrances, to
the satisfaction of the Township of Oro-Medonte and all appropriate agencies or
authorities. Such easements shall be dedicated to the appropriate approval
authority at the Owner's expense.
22. That prior to final Plan approval, a plan or plans shall be prepared to the
satisfaction of the Township's Manager, Development Engineering showing:
a) drainage control measures;
b) general lot grading including existing and proposed elevations;
c) building envelopes;
d) erosion control measures;
e) location and type of drinking water supply;
f) location and type of sewage disposal system;
g) location of all existing wells on abutting properties;
h) design details for the emergency access; and
i) locations of streetscape features, utilities, driveways and landscaping.
These approved plan(s) will form part of the Subdivision Agreement with the
Township of Oro-Medonte.
The Owner shall agree in the Subdivision Agreement that the Owner's Consulting
Engineer may be required to check the elevations of the building footings and top
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of foundation, prior to further construction, to ensure conformity with the
approved plans noted above.
23. That the Owner shall agree in the Subdivision Agreement that the Owner's
Consulting Engineer shall be required, prior to the issuance of a Final Inspection
Report, to certify in writing that the installed works have been carried out in
accordance with the approved plans.
24. The Owner shall provide to the Township, engineering drawings for, and shall
agree in the Subdivision Agreement to install, to the satisfaction of the Township,
watermains and hydrants, sanitary sewage works, storm sewer works, adequate
pavement width for roadways, regulatory signs, street name signs, street lighting,
street name signs, municipal address signs, and any other services or facilities
as required. The Owner shall not connect any watermain or sewer to existing
municipal systems without the written approval of the Township. All lands to be
conveyed to the Township for open space purposes and all easements shall be
shown on the engineering drawings. The Owner shall obtain the approval of the
County and/or Ministry of Environment, Conservation and Parks for the
installation of watermains, sanitary sewer works, and storm sewer works.
Furthermore, the subdivision agreement will stipulate that hydrant markers be
placed to the satisfaction of the municipality.
Further, the Owner shall agree in the Subdivision Agreement that the plan or any
portion thereof shall not be granted final approval and registered until:
• adequate water supply capacity is available, as determined by the Township,
and has been allocated, by the Township to the Plan.
• adequate sanitary sewage disposal capacity and allocation have been
confirmed available by the operator of the private wastewater treatment plant
or confirmed and allocated by the Township to the Plan, as the case may be.
And further, the Owner shall agree in the Subdivision Agreement that the Owner
shall save harmless the Township and the County of Simcoe from any claim or
action as a result of water service or sanitary sewage service not being available
when anticipated.
25. The Owner shall agree in the Subdivision Agreement:
a) to be responsible for the proper drainage within this draft Plan of Subdivision
and the effect of such drainage on all lands abutting this draft plan;
b) that all lot and block grading plans shall be prepared by the Owner's
Consulting Engineer in accordance with the Township's Development
Engineering Policies, Process and Design Standards and to provide individual
lot grading plans for each lot on the plan prior to the issuance of building
permits;
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c) that for the purpose of preparation of the overall lot and/or block grading plans
and the individual lot grading plans, the Owner shall comply with the
Township Zoning By-law with respect to usable yard criteria;
d) to develop the lands within the plan in accordance with the approved grading
plans and individual lot grading plans.
26. Prior to final approval of the draft plan or any portion thereof, arrangements
satisfactory to the Township shall be in place to provide for the following
community services (at a time and with securities satisfactory to the Township
and with the conveyance of the necessary lands or easements for the community
services to the Township at a time satisfactory to it), which community services
are in accordance with, or necessarily incidental to the Functional Servicing
Report prepared by Gerrits Engineeering Ltd.:
a) construction of the public roads within the draft plan together with all
appurtenant watermain(s), sanitary sewer(s), and storm drainage sewer(s)
thereunder;
b) construction of the piped water supply system and appurtenances external to
the draft plan, including upgrades to the existing system, for the pressure
district servicing the draft plan (to the satisfaction of the Township) and
construction of the piped water supply system to service the draft plan, all as
outlined in the FSR;
c) construction of the communal sanitary sewage supply system and
appurtenances external to the draft plan, and construction of the sanitary
sewage system to service the draft plan, all as outlined in the FSR;
d) construction of the stormwater management system to service the draft plan,
including stormwater management treatment measures as shown in the FSR,
together with required improvement to the existing external stormwater
system for safe conveyance to existing outlets; and
e) conveyance of all lands external to the draft plan required for municipal
servicing purposes, all as outlined in the FSR.
27. Prior to any grading, stripping or servicing of the lands included within the draft
plan, the Owner shall provide a detailed Functional Servicing Report. This report
shall be completed to the satisfaction of the Manager, Development Engineering
and shall address:
a) stormwater management retention and conveyance methods, low impact
development and end-of pipe practices to be implemented within and external
to the draft plan to address water quantity, water quality and erosion control;
b) the protection of groundwater quality and quantity;
c) the stormwater management design, inspection, operation and maintenance
procedures and associated costs; and,
erosion and sediment control measures to be implemented before stripping
and grading of the subject lands to protect downstream watercourses and
environmental features.
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28. That the Owner shall agree in the Subdivision Agreement that the water
distribution system for this plan shall be looped within this draft Plan of
Subdivision and that allowance shall be made for the future servicing of parcels
of land abutting this draft Plan of Subdivision as required by the Township.
29. That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the waste treatment facility. That the
owner is required to advise all prospective purchasers that the waste treatment
facility is privately owned and operated and not under the control of the
Township.
30. That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the stormwater facilities.
31 . That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the water works facilities.
32. That the Ministry of Environment, Conservation and Parks receive a fully
executed copy of the subdivision agreement to ensure that conditions are being
fulfilled.
33. The Owner shall agree in the Subdivision Agreement that the plan or any portion
thereof shall not be granted final approval and registered until:
• adequate water supply is available, as determined by the Township and has
been allocated, by the Township to the Plan.
• adequate sanitary sewage disposal capacity and allocation have been
confirmed available by the operator of the private wastewater treatment plant
or confirmed and allocated by the Township to the Plan, as the case may be.
34. The Owner shall agree in the Subdivision Agreement that the Owner shall save
harmless the Township and the County of Simcoe from any claim or action as a
result of water and/or sewage services not being available when anticipated.
35. That the Owner promptly acknowledge in writing to the Township that draft
approval of this subdivision does not include a commitment by the Township of
servicing capacity, allocation or availability and that adequate servicing capacity
and availability must be confirmed to the satisfaction of the Township prior to final
approval of the subdivision for registration purposes.
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Operations and Community Services
36. That the subdivision agreement between the Owners and the Township contain
provisions whereby the Owner agrees to convey land to the Township for parks
purposes and/or cash in lieu of parkland pursuant to Section 42 of the Planning
Act, and whereby the Owner agrees to a contribution, to the satisfaction of the
Township, towards public recreation facilities in lieu of private recreation facilities
deleted from the phase formerly known as Landscape Drive Phase 3 and now
known as Horseshoe Ridge.
Nottawasaga Valley Conservation Authority
37. That prior to final approval the following shall be prepared to the satisfaction of
the Nottawasaga Valley Conservation Authority and Township of Oro-Medonte:
• A detailed Stormwater Management Report;
• Detailed Erosion Control Plan(s);
• Detailed Grading Plan(s);
• A detailed Geotechnical Report for the storm water facilities;
• A stand-alone Operations and Maintenance manual for the stormwater
management facility; and
• Detailed landscaping plan(s) for the storm water management facility.
38. That the draft plan be revised in order to meet the requirements of the above
condition including providing for a larger stormwater pond block (if necessary) to
the satisfaction of the Nottawasaga Valley Conservation Authority and the
Township of Oro-Medonte.
39. That the owner shall agree in the Subdivision Agreement, in wording acceptable
to the Nottawasaga Valley Conservation Authority, to carry out or cause to be
carried out the recommendations and measures contained within the plans and
reports set out above.
40. That the owner shall agree in the Subdivision Agreement, in wording acceptable
to the Nottawasaga Valley Conservation Authority, to ensure that all sediment
and erosion control measures will be in place prior to any site alteration. The
agreement must also contain a provision stating that all major stormwater
management facilities must be in place prior to the creation of impervious areas
such as roads and buildings.
41 . That the owner shall agree in the Subdivision Agreement to engage a qualified
professional to certify in writing that the works were constructed in accordance
with the plans, reports and specifications, as approved by the Nottawasaga
Valley Conservation Authority.
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42. That the stormwater management facility and any easements required for
stormwater drainage purposes shall be dedicated/granted to the Township of
Oro-Medonte.
43. That the Nottawasaga Valley Conservation Authority is notified in writing through
a copy of the passed zoning by-law including its text and schedule that the storm
water management facility has been restrictively zoned.
County of Simcoe
44. That the Owner promptly acknowledge in writing to the Township and to the
County of Simcoe Planning Department that, prior to development of that portion
of the draft plan outside of the phase known as Landscape Drive Phase 4, the
Owner may be required to complete additional Ministry of Environment,
Conservation and Parks D-4 Guideline Assessments due to the presence of a
nearby non-operating landfill on lands outside of the draft plan.
45. That the subdivision agreement between the Owner and the Township contain a
clause alerting future occupants of the subdivision to the presence of a nearby
non-operating landfill on lands outside of the draft plan and that occupants may
be subject to nuisance effects resulting from the non-operating landfill and,
further, that the Owner agrees to insert a similar clause in all offers and
agreements of purchase and sale. The wording of this clause is to be to the
satisfaction of the Township and the County of Simcoe Planning Department.
46. That prior to final approval a Traffic Impact Study be submitted to the County
Engineer for approval. Completion of the study may require the applicant to
enter into agreements with the County for road Improvements, including
implementation, intersection design, and signalization. Any road improvements
that are attributable and benefiting the proposed development(s) would be the
financial responsibility of the proponent.
District School Boards
47. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe Muskoka Catholic District School Board: "The owner shall include in
all offers of purchase and sale a clause advising prospective purchasers that
pupils from this development attending educational facilities operated by the
Simcoe Muskoka Catholic District School Board may, be transported
to/accommodated in temporary facilities out of the neighbourhood school's area."
48. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe County District School Board: " Purchasers, renters, lessees are
warned that there are no schools planned within this subdivision, or within
walking distance of it and that pupils may be accommodated in temporary
facilities and or be directed to facilities outside of the area. "
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Ministry of Tourism, Culture and Sport
49. That an archaeological assessment be conducted of the development site by a
licensed archaeologist and adverse impacts to any significant archaeological
resources found on the site be mitigated through preservation or resource
removal and documentation. No demolition, grading or other soil disturbances
shall take place on the subject property prior to the Ministry of Culture confirming
that all archaeological resource concerns have met licensing and resource
conservation requirements. A copy of the archaeological assessment report and
the Ministry's confirmation are to be submitted to the Township of Oro-Medonte
Development Services Department for information.
Utilities
50. That the Owner agree in the Subdivision Agreement to make satisfactory
arrangements for the construction of utilities (including but not limited to
electrical, telephone, natural gas and cable television).
Canada Post
51 . That the Owner shall agree in the Subdivision Agreement to, if required, locate a
pad for a Canada Post community mailbox, to be identified on the engineered
drawings, to the satisfaction of Canada Post and that prior to final Plan approval,
the Township of Oro-Medonte be advised, in writing, by Canada Post how this
condition has been satisfied.
Model Home and Temporary Sales Office
52. The Owner agrees to comply with the Township's Zoning By-law provisions for
either a model home or a temporary sales office that may be permitted on the
lands prior to final registration of the plan.
53. The Owner further agrees that prior to the construction of any model home, the
Owner shall enter into a Model Home Agreement with the Township of Oro-
Medonte, that the Owner provide the Township with securities pursuant to the
Agreement, that the Agreement be registered on title and that the Owner shat
obtain the required Zoning Certificate and Building Permit.
Clearance of Conditions
54. That prior to the final approval of this plan, the Township is advised in writing by
the Simcoe County District School Board how condition _ has been satisfied.
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55. That prior to the final approval of this plan, the Township is advised in writing by
the Simcoe Muskoka Catholic Separate School Board how condition _ has been
satisfied.
56. That prior to the final approval of this plan, the Township is advised in writing by
the Nottawasaga Valley Conservation Authority how conditions have
been satisfied.
57. That prior to the final approval of this plan, the Township is advised in writing by
the County of Simcoe how condition has been satisfied.
58. That prior to the final approval of this plan, the Township is advised in writing by
the Ministry of Tourism, Culture and Sport how condition _ has been satisfied.
59. That the approval of this draft plan will lapse three years from the date of
approval. This approval may be extended pursuant to subsection 51(33) of the
Planning Act, but no extension can be granted once the approval has lapsed.
NOTES TO DRAFT APPROVAL
1 . It is the applicant's responsibility to fulfil the conditions of Council's approval and
to ensure that the required clearance letters are forwarded by the appropriate
agencies to the Township of Oro-Medonte, Planning Department, 148 Line 7
South, Oro-Medonte, ON, LOL 2EO, quoting Township file number 2016-SUB-01 .
2. The Land Titles Act requires all new plans be registered in a Land Titles system if
the land is situated in a land titles division and there are certain exceptions.
3. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that
access to the Municipal highway will not be granted across the reserve. It should
be shown as a block on the final plan outside the road allowance. Deeds in
triplicate conveying this reserve to the Corporation of the Township of Oro-
Medonte together with the proposed final plan should be sent to the Municipal
Clerk.
4. Inauguration, or extension of a piped water supply, a sewage system, or a storm
drainage system, is subject to the approval of the Ministry of Environment,
Conservation and Parks under sections 23 and 24 of the Ontario Water
Resources Act, R.S.O. 1980.
5. Hydro One wishes to advise the developer of the following:
(a) the costs of any relocations or revisions to Hydro One facilities which are
necessary to accommodate this subdivision will be borne by the developer
(b) any easement rights of Hydro One are to be respected
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(c) the developer should contact the local Hydro One Area Office to verify if
any low voltage distribution lines may be affected by the proposal
The final plan approved by the Township must be registered within 30 days or
the Township may withdraw the approval under Section 51(59) of the Planning
Act, R.S.O. 1990
All measurements in the subdivision final plan must be presented in metric units.
6. The Nottawasaga Valley Conservation Authority will require a copy of the
executed subdivision agreement prior to the clearance of draft plan conditions.
7. The owner shall agree, prior to final plan approval, to pay all development fees to
the conservation authority as required in accordance with the Nottawasaga
Valley Conservation Authority's fees policy, under the Conservation Authorities
Act.
8. Clearances are required from the following agencies:
Corporation of the Township Simcoe County District School
of Oro-Medonte Board
Box 100 1170 Highway 26 West
Oro Station ON LOL 2XO Midhurst ON LOL 1X0
Nottawasaga Valley Simcoe Muskoka Catholic District
Conservation Authority School Board
8195 8t" Line 46 Alliance Blvd.
Utopia ON LOM 1 TO- Barrie ON L4M 51<3
Ontario Ministry of Environment, Ministry of Tourism, Culture & Sport
Conservation and Parks 400 University Avenue, 4t" Floor
Barrie District Office Toronto ON M7A 2R9
54 Cedar Pointe Dr#1201
Barrie ON L4N 5R7
Canada Post County of Simcoe
Delivery Planning Planning Department
200-1860 Midland Ave 1110 Highway 26
Scarborough ON M 1 P 5A1 Midhurst ON L9X 1 N6
If the agency conditions concern conditions in the subdivision agreement, a copy
of the relevant section of the agreement should be sent to them. This will
expedite clearance of the final plan.
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9. If final approval is not given to this plan by , and no
extension has been granted, draft approval shall lapse under subsection
51(32) of the Planning Act, R.S.O. 1990, as amended. If the owner wishes to
request an extension to draft approval. a written explanation, must be
received by the Township of Oro-Medonte sixty (60) days prior to the
lapsing date.
10. Please note that an updated review of the plan, and revisions to the
conditions of approval, may be necessary if an extension is to be granted.
11 . When the Zoning By-law is being prepared, reference to this subdivision
application OM-file number should be included in the explanatory note. This will
expedite the Township's and other agencies' consideration of the by-law.
Subject to the conditions set forth above, this Draft Plan is approved under Section 51
of the Planning Act R.S.O. 1990, Chapter 13, as amended.
This day of , 2020.
Andria Leigh, MCIP, RPP
Director of Development Services
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OLT-22-003583 — Attachment 4
The Township's conditions and amendments to final plan approval for registration of this
subdivision are as follows:
No. Conditions
Township of Oro-Medonte
Planning Division
1. That this approval applies to the draft plan prepared by Innovative Planning
Solutions, dated April 26, 2018, showing a total of 73 residential units comprised
of 25 single detached residential lots, 2 blocks containing 48 townhouse units,
2 blocks for pathways, 2 blocks for 0.3 metre reserves and 1 block for a
temporary turning circle pending future extension of Landscape Drive.
2. That prior to final approval the appropriate zoning shall be in effect for this
subdivision, in accordance with the provisions of the Planning Act.
3. Prior to final approval of the Plan, the Owner shall provide the Township with
evidence in the form of an Ontario Land Surveyor Certificate that:
a) Any existing buildings or structures on the lands as of the date of final
approval, are situated so as to comply with applicable zoning by-laws after
registration of the plan; and
b) All lot frontages and lot areas within the plan conform to the Township of Oro-
Medonte Zoning By-law.
4. That prior to final Plan approval, the road allowances included within this draft
Plan of Subdivision shall be named to the satisfaction of the Township of Oro-
Medonte. The Owner shall agree in the Subdivision Agreement that all street
names shall be identified to the satisfaction of the Township prior to construction
of any buildings.
5. That the Owner shall agree in the Subdivision Agreement that a municipal
numbering system be assigned to the satisfaction of the Township of Oro-
Medonte.
6. That the owner shall enter into a subdivision agreement with the Township of
Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the
Township of Oro-Medonte.
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7. That the subdivision agreement between the Owner and the Township of Oro-
Medonte be registered by the Municipality against the lands to which it applies,
pursuant to the provisions of the Planning Act.
8. The Owner shall agree in the Subdivision Agreement that all applicable
Development Charges will be paid when the Building Permit is received in
accordance with the Township's Development Charges By-law, the County of
Simcoe Development Charges By-law and Education Charges By-law subject to
any applicable development charge credits and any other agreements with the
Township and/or the County.
9. That the road allowances included within this draft plan of subdivision shall be
dedicated as a public highway without monetary consideration and free of all
encumbrances.
10. That the 0.3 metre reserves included within this draft plan of subdivision shall be
conveyed to the Township of Oro-Medonte without monetary consideration and
free of all encumbrances.
11 . That Owner shall submit, to the satisfaction of the Township of Oro-Medonte, a
Tree Assessment and Inventory prepared by a qualified arborist. No tree
removal, grading, filling or excavation shall take place on the subject property
prior to the Township's acceptance of the Tree Assessment and Inventory and
approval of servicing/pre-servicing works.
12. That the Subdivision Agreement contain the following clause to the satisfaction of
the Township of Oro-Medonte: "The owner shall include in all offers of purchase
and sale for Lots 2 & 3 a clause advising prospective purchasers that portions of
the Lots are subject to an existing easement which restricts development on
those portions of the lands subject to the easement".
Development Engineering Division
13. That the final alignment and radii of all roads be designed to the satisfaction of
the Township of Oro-Medonte in accordance with the Township's Development
Engineering Policies, Process and Design Standards. The costs of all
construction will be at the expense of the Owner.
14. The pattern of streets and the layout of reserve blocks within this draft Plan of
Subdivision shall be designed to align precisely with the pattern and layout for
existing plans.
15. That all streets shall be designed and constructed in accordance with the
Township of Oro-Medonte's Development Engineering Policies, Process and
Design Standards, to a Local Residential Standard No. 3.5-02. The costs of all
construction will be at the expense of the Owner.
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16. The Owner shall agree in the Subdivision Agreement that construction access
shall be provided only in a location approved by the Township.
17. The Owner shall agree in the Subdivision Agreement that all portions of public
highways (rights-of-ways) which are not to be paved and all drainage swales on
public or private property shall be graded and sodded in accordance with the
standards of the Township.
18. The Owner shall agree in the Subdivision Agreement to grade and seed all
undeveloped lands within the plan, other than conservation lands, and to
maintain, to the satisfaction of the Township, all undeveloped lands within the
plan.
19. Prior to final Plan approval, the Owner shall provide adequate storm drainage
outlets including any necessary drainage easements to the satisfaction of the
Township of Oro-Medonte.
20. That such easements as may be required for utility or drainage purposes shall be
granted to the appropriate authority.
21 . That the Owner shall agree in the Subdivision Agreement, that such easements
and land dedications for lands internal to the subdivision as may be required for
access, drainage, servicing, utilities and construction purposes shall be designed
to the satisfaction of, and granted to, the appropriate agencies or authorities, free
and clear of all encumbrances, to the satisfaction of the Township of Oro-
Medonte and all appropriate agencies or authorities. Such easements shall be
dedicated to the appropriate approval authority at the Owner's expense.
22. That prior to final Plan approval, a plan or plans shall be prepared to the
satisfaction of the Township's Manager, Development Engineering showing:
a) drainage control measures;
b) general lot grading including existing and proposed elevations;
c) building envelopes;
d) erosion control measures;
e) location and type of drinking water supply;
f) location and type of sewage disposal system;
g) location of all existing wells on abutting properties;
h) design details for the emergency access; and
i) locations of streetscape features, utilities, driveways and landscaping.
These approved plan(s) will form part of the Subdivision Agreement with the
Township of Oro-Medonte.
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The Owner shall agree in the Subdivision Agreement that the Owner's Consulting
Engineer may be required to check the elevations of the building footings and top
of foundation, prior to further construction, to ensure conformity with the
approved plans noted above.
23. That the Owner shall agree in the Subdivision Agreement that the Owner's
Consulting Engineer shall be required, prior to the issuance of a Final Inspection
Report, to certify in writing that the installed works have been carried out in
accordance with the approved plans.
24. The Owner shall provide to the Township, engineering drawings for, and shall
agree in the Subdivision Agreement to install, to the satisfaction of the Township,
watermains and hydrants, sanitary sewage works, storm sewer works, adequate
pavement width for roadways, regulatory signs, street name signs, street lighting,
street name signs, municipal address signs, and any other services or facilities
as required. The Owner shall not connect any watermain or sewer to existing
municipal systems without the written approval of the Township. All lands to be
conveyed to the Township for open space purposes and all easements shall be
shown on the engineering drawings. The Owner shall obtain the approval of the
County and/or Ministry of Environment, Conservation and Parks for the
installation of watermains, sanitary sewer works, and storm sewer works.
Furthermore, the subdivision agreement will stipulate that hydrant markers be
placed to the satisfaction of the municipality.
Further, the Owner shall agree in the Subdivision Agreement that the plan or any
portion thereof shall not be granted final approval and registered until:
• adequate water supply capacity is available, as determined by the Township,
and has been allocated, by the Township to the Plan.
• adequate sanitary sewage disposal capacity and allocation have been
confirmed available by the operator of the private wastewater treatment plant
or confirmed and allocated by the Township to the Plan, as the case may be.
And further, the Owner shall agree in the Subdivision Agreement that the Owner
shall save harmless the Township and the County of Simcoe from any claim or
action as a result of water service or sanitary sewage service not being available
when anticipated.
25. The Owner shall agree in the Subdivision Agreement:
a) to be responsible for the proper drainage within this draft Plan of Subdivision
and the effect of such drainage on all lands abutting this draft plan;
b) that all lot and block grading plans shall be prepared by the Owner's
Consulting Engineer in accordance with the Township's Development
Engineering Policies, Process and Design Standards and to provide individual
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lot grading plans for each lot on the plan prior to the issuance of building
permits;
c) that for the purpose of preparation of the overall lot and/or block grading plans
and the individual lot grading plans, the Owner shall comply with the
Township Zoning By-law with respect to usable yard criteria;
d) to develop the lands within the plan in accordance with the approved grading
plans and individual lot grading plans.
26. Prior to final approval of the draft plan or any portion thereof, arrangements
satisfactory to the Township shall be in place to provide for the following
community services (at a time and with securities satisfactory to the Township
and with the conveyance of the necessary lands or easements for the community
services to the Township at a time satisfactory to it), which community services
are in accordance with, or necessarily incidental to the Functional Servicing
Report prepared by Gerrits Engineeering Ltd.:
a) construction of the public roads within the draft plan together with all
appurtenant watermain(s), sanitary sewer(s), and storm drainage sewer(s)
thereunder;
b) construction of the piped water supply system and appurtenances external to
the draft plan, including upgrades to the existing system, for the pressure
district servicing the draft plan (to the satisfaction of the Township) and
construction of the piped water supply system to service the draft plan, all as
outlined in the FSR;
c) construction of the communal sanitary sewage supply system and
appurtenances external to the draft plan, and construction of the sanitary
sewage system to service the draft plan, all as outlined in the FSR;
d) construction of the stormwater management system to service the draft plan,
including stormwater management treatment measures as shown in the FSR,
together with required improvement to the existing external stormwater
system for safe conveyance to existing outlets; and,
e) conveyance of all lands internal to the draft plan required for municipal
servicing purposes, all as outlined in the FSR.
27. Prior to any grading, stripping or servicing of the lands included within the draft
plan, the Owner shall provide a detailed Functional Servicing Report. This report
shall be completed to the satisfaction of the Manager, Development Engineering
and shall address:
a) stormwater management retention and conveyance methods, low impact
development and end-of pipe practices to be implemented within and external
to the draft plan to address water quantity, water quality and erosion control;
b) the protection of groundwater quality and quantity;
c) the stormwater management design, inspection, operation and maintenance
procedures and associated costs; and,
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erosion and sediment control measures to be implemented before stripping
and grading of the subject lands to protect downstream watercourses and
environmental features.
28. That the Owner shall agree in the Subdivision Agreement that the water
distribution system for this plan shall be looped within this draft Plan of
Subdivision and that allowance shall be made for the future servicing of parcels
of land abutting this draft Plan of Subdivision as required by the Township.
29. That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the waste treatment facility. That the
owner is required to advise all prospective purchasers that the waste treatment
facility is privately owned and operated and not under the control of the
Township.
30. That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the stormwater facilities.
31 . That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the water works facilities.
32. That the Ministry of Environment, Conservation and Parks receive a fully
executed copy of the subdivision agreement to ensure that conditions are being
fulfilled.
33. The Owner shall agree in the Subdivision Agreement that the plan or any portion
thereof shall not be granted final approval and registered until:
• adequate water supply is available, as determined by the Township and has
been allocated, by the Township to the Plan.
• adequate sanitary sewage disposal capacity and allocation have been
confirmed available by the operator of the private wastewater treatment plant
or confirmed and allocated by the Township to the Plan, as the case may be.
34. The Owner shall agree in the Subdivision Agreement that the Owner shall save
harmless the Township and the County of Simcoe from any claim or action as a
result of water and/or sewage services not being available when anticipated.
35. That the Owner promptly acknowledge in writing to the Township that draft
approval of this subdivision does not include a commitment by the Township of
servicing capacity, allocation or availability and that adequate servicing capacity
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and availability must be confirmed to the satisfaction of the Township prior to final
approval of the subdivision for registration purposes.
Operations and Community Services
36. That the subdivision agreement between the Owners and the Township contain
provisions whereby the Owner agrees to convey land to the Township for parks
purposes and/or cash in lieu of parkland pursuant to Section 42 of the Planning
Act, and whereby the Owner agrees to a contribution, to the satisfaction of the
Township, towards public recreation facilities in lieu of private recreation facilities
deleted from the phase formerly known as Landscape Drive Phase 3 and now
known as Horseshoe Ridge.
Nottawasaga Valley Conservation Authority
37. That prior to final approval the following shall be prepared to the satisfaction of
the Nottawasaga Valley Conservation Authority and Township of Oro-Medonte:
• A detailed Stormwater Management Report;
• Detailed Erosion Control Plan(s);
• Detailed Grading Plan(s);
• A detailed Geotechnical Report for the storm water facilities;
• A stand-alone Operations and Maintenance manual for the stormwater
management facility; and
• Detailed landscaping plan(s) for the storm water management facility.
38. That the draft plan be revised in order to meet the requirements of the above
condition including providing for a larger stormwater pond block (if necessary) to
the satisfaction of the Nottawasaga Valley Conservation Authority and the
Township of Oro-Medonte.
39. That the owner shall agree in the Subdivision Agreement, in wording acceptable
to the Nottawasaga Valley Conservation Authority, to carry out or cause to be
carried out the recommendations and measures contained within the plans and
reports set out above.
40. That the owner shall agree in the Subdivision Agreement, in wording acceptable
to the Nottawasaga Valley Conservation Authority, to ensure that all sediment
and erosion control measures will be in place prior to any site alteration. The
agreement must also contain a provision stating that all major stormwater
management facilities must be in place prior to the creation of impervious areas
such as roads and buildings.
41 . That the owner shall agree in the Subdivision Agreement to engage a qualified
professional to certify in writing that the works were constructed in accordance
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with the plans, reports and specifications, as approved by the Nottawasaga
Valley Conservation Authority.
42. That the stormwater management facility and any easements required for
stormwater drainage purposes internal to the subdivision shall be
dedicated/granted to the Township of Oro-Medonte.
43. That the Nottawasaga Valley Conservation Authority is notified in writing through
a copy of the passed zoning by-law including its text and schedule that the storm
water management facility has been restrictively zoned.
County of Simcoe
44. That the Owner promptly acknowledge in writing to the Township and to the
County of Simcoe Planning Department that, prior to development of that portion
of the draft plan outside of the phase known as Landscape Drive Phase 4, the
Owner may be required to complete additional Ministry of Environment,
Conservation and Parks D-4 Guideline Assessments due to the presence of a
nearby non-operating landfill on lands outside of the draft plan.
45. That the subdivision agreement between the Owner and the Township contain a
clause alerting future occupants of the subdivision to the presence of a nearby
non-operating landfill on lands outside of the draft plan and that occupants may
be subject to nuisance effects resulting from the non-operating landfill and,
further, that the Owner agrees to insert a similar clause in all offers and
agreements of purchase and sale. The wording of this clause is to be to the
satisfaction of the Township and the County of Simcoe Planning Department.
46. That prior to final approval a Traffic Impact Study be submitted to the County
Engineer for approval. Completion of the study may require the applicant to
enter into agreements with the County for road Improvements, including
implementation, intersection design, and signalization. Any road improvements
that are attributable and benefiting the proposed development(s) would be the
financial responsibility of the proponent.
District School Boards
47. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe Muskoka Catholic District School Board: "The owner shall include in
all offers of purchase and sale a clause advising prospective purchasers that
pupils from this development attending educational facilities operated by the
Simcoe Muskoka Catholic District School Board may, be transported
to/accommodated in temporary facilities out of the neighbourhood school's area."
48. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe County District School Board: " Purchasers, renters, lessees are
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warned that there are no schools planned within this subdivision, or within
walking distance of it and that pupils may be accommodated in temporary
facilities and or be directed to facilities outside of the area. "
Ministry of Tourism, Culture and Sport
49. That an archaeological assessment be conducted of the development site by a
licensed archaeologist and adverse impacts to any significant archaeological
resources found on the site be mitigated through preservation or resource
removal and documentation. No demolition, grading or other soil disturbances
shall take place on the subject property prior to the Ministry of Culture confirming
that all archaeological resource concerns have met licensing and resource
conservation requirements. A copy of the archaeological assessment report and
the Ministry's confirmation are to be submitted to the Township of Oro-Medonte
Development Services Department for information.
Utilities
50. That the Owner agree in the Subdivision Agreement to make satisfactory
arrangements for the construction of utilities (including but not limited to
electrical, telephone, natural gas and cable television).
Canada Post
51. That the Owner shall agree in the Subdivision Agreement to, if required, locate a
pad for a Canada Post community mailbox, to be identified on the engineered
drawings, to the satisfaction of Canada Post and that prior to final Plan approval,
the Township of Oro-Medonte be advised, in writing, by Canada Post how this
condition has been satisfied.
Model Home and Temporary Sales Office
52. The Owner agrees to comply with the Township's Zoning By-law provisions for
either a model home or a temporary sales office that may be permitted on the
lands prior to final registration of the plan.
53. The Owner further agrees that prior to the construction of any model home, the
Owner shall enter into a Model Home Agreement with the Township of Oro-
Medonte, that the Owner provide the Township with securities pursuant to the
Agreement, that the Agreement be registered on title and that the Owner shat
obtain the required Zoning Certificate and Building Permit.
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Clearance of Conditions
54. That prior to the final approval of this plan, the Township is advised in writing by
the Simcoe County District School Board how condition _ has been satisfied.
55. That prior to the final approval of this plan, the Township is advised in writing by
the Simcoe Muskoka Catholic Separate School Board how condition _ has been
satisfied.
56. That prior to the final approval of this plan, the Township is advised in writing by
the Nottawasaga Valley Conservation Authority how conditions have
been satisfied.
57. That prior to the final approval of this plan, the Township is advised in writing by
the County of Simcoe how condition has been satisfied.
58. That prior to the final approval of this plan, the Township is advised in writing by
the Ministry of Tourism, Culture and Sport how condition _ has been satisfied.
59. That the approval of this draft plan will lapse three years from the date of
approval. This approval may be extended pursuant to subsection 51(33) of the
Planning Act, but no extension can be granted once the approval has lapsed.
NOTES TO DRAFT APPROVAL
1 . It is the applicant's responsibility to fulfil the conditions of Council's approval and
to ensure that the required clearance letters are forwarded by the appropriate
agencies to the Township of Oro-Medonte, Planning Department, 148 Line 7
South, Oro-Medonte, ON, LOL 2EO, quoting Township file number 2016-SUB-01 .
2. The Land Titles Act requires all new plans be registered in a Land Titles system if
the land is situated in a land titles division and there are certain exceptions.
3. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that
access to the Municipal highway will not be granted across the reserve. It should
be shown as a block on the final plan outside the road allowance. Deeds in
triplicate conveying this reserve to the Corporation of the Township of Oro-
Medonte together with the proposed final plan should be sent to the Municipal
Clerk.
4. Inauguration, or extension of a piped water supply, a sewage system, or a storm
drainage system, is subject to the approval of the Ministry of Environment,
Conservation and Parks under sections 23 and 24 of the Ontario Water
Resources Act, R.S.O. 1980.
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5. Hydro One wishes to advise the developer of the following:
(a) the costs of any relocations or revisions to Hydro One facilities which are
necessary to accommodate this subdivision will be borne by the developer
(b) any easement rights of Hydro One are to be respected
(c) the developer should contact the local Hydro One Area Office to verify if
any low voltage distribution lines may be affected by the proposal
The final plan approved by the Township must be registered within 30 days or
the Township may withdraw the approval under Section 51(59) of the Planning
Act, R.S.O. 1990
All measurements in the subdivision final plan must be presented in metric units.
6. The Nottawasaga Valley Conservation Authority will require a copy of the
executed subdivision agreement prior to the clearance of draft plan conditions.
7. The owner shall agree, prior to final plan approval, to pay all development fees to
the conservation authority as required in accordance with the Nottawasaga
Valley Conservation Authority's fees policy, under the Conservation Authorities
Act.
8. Clearances are required from the following agencies:
Corporation of the Township Simcoe County District School
of Oro-Medonte Board
Box 100 1170 Highway 26 West
Oro Station ON LOL 2XO Midhurst ON LOL 1X0
Nottawasaga Valley Simcoe Muskoka Catholic District
Conservation Authority School Board
8195 8t" Line 46 Alliance Blvd.
Utopia ON LOM 1 TO- Barrie ON L4M 5K3
Ontario Ministry of Environment, Ministry of Tourism, Culture & Sport
Conservation and Parks 400 University Avenue, 4t" Floor
Barrie District Office Toronto ON M7A 2R9
54 Cedar Pointe Dr#1201
Barrie ON L4N 5R7
Canada Post County of Simcoe
Delivery Planning Planning Department
200-1860 Midland Ave 1110 Highway 26
Scarborough ON M 1 P 5A1 Midhurst ON L9X 1 N6
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If the agency conditions concern conditions in the subdivision agreement, a copy
of the relevant section of the agreement should be sent to them. This will
expedite clearance of the final plan.
9. If final approval is not given to this plan by , and no
extension has been granted, draft approval shall lapse under subsection
51(32) of the Planning Act, R.S.O. 1990, as amended. If the owner wishes to
request an extension to draft approval. a written explanation, must be
received by the Township of Oro-Medonte sixty (60) days prior to the
lapsing date.
10. Please note that an updated review of the plan, and revisions to the
conditions of approval, may be necessary if an extension is to be granted.
11 . When the Zoning By-law is being prepared, reference to this subdivision
application OM-file number should be included in the explanatory note. This will
expedite the Township's and other agencies' consideration of the by-law.
Subject to the conditions set forth above, this Draft Plan is approved under Section 51
of the Planning Act R.S.O. 1990, Chapter 13, as amended.
This day of , 2020.
Andria Leigh, MCIP, RPP
Director of Development Services
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OLT-22-003583 — Attachment 5
The Township's conditions and amendments to final plan approval for registration of this
subdivision are as follows:
No. Conditions
Township of Oro-Medonte
Planning Division
1. That this approval applies to the draft plan prepared by Innovative Planning
Solutions, dated April 26, 2018, showing a total of 73 residential units comprised
of 25 single detached residential lots, 2 blocks containing 48 townhouse units, 2
blocks for pathways, 2 blocks for 0.3 metre reserves and 1 block for a temporary
turning circle pending future extension of Landscape Drive.
2. That prior to final approval the appropriate zoning shall be in effect for this
subdivision, in accordance with the provisions of the Planning Act.
3. Prior to final approval of the Plan, the Owner shall provide the Township with
evidence in the form of an Ontario Land Surveyor Certificate that:
a) Any existing buildings or structures on the lands as of the date of final
approval, are situated so as to comply with applicable zoning by-laws after
registration of the plan; and
b) All lot frontages and lot areas within the plan conform to the Township of Oro-
Medonte Zoning By-law.
4. That prior to final Plan approval, the road allowances included within this draft
Plan of Subdivision shall be named to the satisfaction of the Township of Oro-
Medonte. The Owner shall agree in the Subdivision Agreement that all street
names shall be identified to the satisfaction of the Township prior to construction
of any buildings.
5. That the Owner shall agree in the Subdivision Agreement that a municipal
numbering system be assigned to the satisfaction of the Township of Oro-
Medonte.
6. That the owner shall enter into a subdivision agreement with the Township of
Oro-Medonte, agreeing to satisfy all conditions, financial and otherwise, of the
Township of Oro-Medonte.
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7. That the subdivision agreement between the Owner and the Township of Oro-
Medonte be registered by the Municipality against the lands to which it applies,
pursuant to the provisions of the Planning Act.
8. The Owner shall agree in the Subdivision Agreement that all applicable
Development Charges will be paid when the Building Permit is received in
accordance with the Township's Development Charges By-law, the County of
Simcoe Development Charges By-law and Education Charges By-law subject to
any applicable development charge credits and any other agreements with the
Township and/or the County.
9. That the road allowances included within this draft plan of subdivision shall be
dedicated as a public highway without monetary consideration and free of all
encumbrances.
10. That the 0.3 metre reserves included within this draft plan of subdivision shall be
conveyed to the Township of Oro-Medonte without monetary consideration and
free of all encumbrances.
11 . That Owner shall submit, to the satisfaction of the Township of Oro-Medonte, a
Tree Assessment and Inventory prepared by a qualified arborist. No tree
removal, grading, filling or excavation shall take place on the subject property
prior to the Township's acceptance of the Tree Assessment and Inventory and
approval of servicing/pre-servicing works.
12. That the Subdivision Agreement contain the following clause to the satisfaction of
the Township of Oro-Medonte: "The owner shall include in all offers of purchase
and sale for Lots 2 & 3 a clause advising prospective purchasers that portions of
the Lots are subject to an existing easement which restricts development on
those portions of the lands subject to the easement".
Development Engineering Division
13. That the final alignment and radii of all roads be designed to the satisfaction of
the Township of Oro-Medonte in accordance with the Township's Development
Engineering Policies, Process and Design Standards. The costs of all
construction will be at the expense of the Owner.
14. The pattern of streets and the layout of reserve blocks within this draft Plan of
Subdivision shall be designed to align precisely with the pattern and layout for
existing plans.
15. That all streets shall be designed and constructed in accordance with the
Township of Oro-Medonte's Development Engineering Policies, Process and
Design Standards, to a Local Residential Standard No. 3.5-02. The costs of all
construction will be at the expense of the Owner.
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16. The Owner shall agree in the Subdivision Agreement that construction access
shall be provided only in a location approved by the Township.
17. The Owner shall agree in the Subdivision Agreement that all portions of public
highways (rights-of-ways) which are not to be paved and all drainage swales on
public or private property shall be graded and sodded in accordance with the
standards of the Township.
18. The Owner shall agree in the Subdivision Agreement to grade and seed all
undeveloped lands within the plan, other than conservation lands, and to
maintain, to the satisfaction of the Township, all undeveloped lands within the
plan.
19. Prior to final Plan approval, the Owner shall provide adequate storm drainage
outlets including any necessary drainage easements to the satisfaction of the
Township of Oro-Medonte.
20. That such easements as may be required for utility or drainage purposes shall be
granted to the appropriate authority.
21 . That the Owner shall agree in the Subdivision Agreement, that such easements
and land dedications for lands internal to the subdivision as may be required for
access, drainage, servicing, utilities and construction purposes shall be designed
to the satisfaction of, and granted to, the appropriate agencies or authorities, free
and clear of all encumbrances, to the satisfaction of the Township of Oro-
Medonte and all appropriate agencies or authorities. Such easements shall be
dedicated to the appropriate approval authority at the Owner's expense.
22. That prior to final Plan approval, a plan or plans shall be prepared to the
satisfaction of the Township's Manager, Development Engineering showing:
a) drainage control measures;
b) general lot grading including existing and proposed elevations;
c) building envelopes;
d) erosion control measures;
e) location and type of drinking water supply;
f) location and type of sewage disposal system;
g) location of all existing wells on abutting properties;
h) design details for the emergency access; and
i) locations of streetscape features, utilities, driveways and landscaping.
These approved plan(s) will form part of the Subdivision Agreement with the
Township of Oro-Medonte.
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The Owner shall agree in the Subdivision Agreement that the Owner's Consulting
Engineer may be required to check the elevations of the building footings and top
of foundation, prior to further construction, to ensure conformity with the
approved plans noted above.
23. That the Owner shall agree in the Subdivision Agreement that the Owner's
Consulting Engineer shall be required, prior to the issuance of a Final Inspection
Report, to certify in writing that the installed works have been carried out in
accordance with the approved plans.
24. The Owner shall provide to the Township, engineering drawings for, and shall
agree in the Subdivision Agreement to install, to the satisfaction of the Township,
watermains and hydrants, sanitary sewage works, storm sewer works, adequate
pavement width for roadways, regulatory signs, street name signs, street lighting,
street name signs, municipal address signs, and any other services or facilities
as required. The Owner shall not connect any watermain or sewer to existing
municipal systems without the written approval of the Township. All lands to be
conveyed to the Township for open space purposes and all easements shall be
shown on the engineering drawings. The Owner shall obtain the approval of the
County and/or Ministry of Environment, Conservation and Parks for the
installation of watermains, sanitary sewer works, and storm sewer works.
Furthermore, the subdivision agreement will stipulate that hydrant markers be
placed to the satisfaction of the municipality.
Further, the Owner shall agree in the Subdivision Agreement that the plan or any
portion thereof shall not be granted final approval and registered until:
• adequate water supply capacity is available, as determined by the Township,
and has been allocated, by the Township to the Plan.
• adequate sanitary sewage disposal capacity and allocation have been
confirmed available by the operator of the private wastewater treatment plant
or confirmed and allocated by the Township to the Plan, as the case may be.
And further, the Owner shall agree in the Subdivision Agreement that the Owner
shall save harmless the Township and the County of Simcoe from any claim or
action as a result of water service or sanitary sewage service not being available
when anticipated.
25. The Owner shall agree in the Subdivision Agreement:
a) to be responsible for the proper drainage within this draft Plan of Subdivision
and the effect of such drainage on all lands abutting this draft plan;
b) that all lot and block grading plans shall be prepared by the Owner's
Consulting Engineer in accordance with the Township's Development
Engineering Policies, Process and Design Standards and to provide individual
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lot grading plans for each lot on the plan prior to the issuance of building
permits;
c) that for the purpose of preparation of the overall lot and/or block grading plans
and the individual lot grading plans, the Owner shall comply with the
Township Zoning By-law with respect to usable yard criteria;
d) to develop the lands within the plan in accordance with the approved grading
plans and individual lot grading plans.
26. Prior to final approval of the draft plan or any portion thereof, arrangements
satisfactory to the Township shall be in place to provide for the following
community services (at a time and with securities satisfactory to the Township
and with the conveyance of the necessary lands or easements for the community
services to the Township at a time satisfactory to it), which community services
are in accordance with, or necessarily incidental to the Functional Servicing
Report prepared by Gerrits Engineeering Ltd.:
a) construction of the public roads within the draft plan together with all
appurtenant watermain(s), sanitary sewer(s), and storm drainage sewer(s)
thereunder;
b) construction of the piped water supply system and appurtenances external to
the draft plan, including upgrades to the existing system, for the pressure
district servicing the draft plan (to the satisfaction of the Township) and
construction of the piped water supply system to service the draft plan, all as
outlined in the FSR;
c) construction of the communal sanitary sewage supply system and
appurtenances external to the draft plan, and construction of the sanitary
sewage system to service the draft plan, all as outlined in the FSR;
d) construction of the stormwater management system to service the draft plan,
including stormwater management treatment measures as shown in the FSR,
together with required improvement to the existing external stormwater
system for safe conveyance to existing outlets; and,
e) conveyance of all lands internal to the draft plan required for municipal
servicing purposes, all as outlined in the FSR.
27. Prior to any grading, stripping or servicing of the lands included within the draft
plan, the Owner shall provide a detailed Functional Servicing Report. This report
shall be completed to the satisfaction of the Manager, Development Engineering
and shall address:
a) stormwater management retention and conveyance methods, low impact
development and end-of pipe practices to be implemented within and external
to the draft plan to address water quantity, water quality and erosion control;
b) the protection of groundwater quality and quantity;
c) the stormwater management design, inspection, operation and maintenance
procedures and associated costs; and, erosion and sediment control
measures to be implemented before stripping and grading of the subject
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lands to protect downstream watercourses and environmental features.
28. That the Owner shall agree in the Subdivision Agreement that the water
distribution system for this plan shall be looped within this draft Plan of
Subdivision and that allowance shall be made for the future servicing of parcels
of land abutting this draft Plan of Subdivision as required by the Township.
29. That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the waste treatment facility. That the
owner is required to advise all prospective purchasers that the waste treatment
facility is privately owned and operated and not under the control of the
Township.
30. That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the stormwater facilities.
31 . That prior to final approval, an amended Environmental Compliance Approval
from the Ministry of Environment, Conservation and Parks be obtained with
respect to ownership and operation of the water works facilities.
32. That the Ministry of Environment, Conservation and Parks receive a fully
executed copy of the subdivision agreement to ensure that conditions are being
fulfilled.
33. The Owner shall agree in the Subdivision Agreement that the plan or any portion
thereof shall not be granted final approval and registered until:
• adequate water supply is available, as determined by the Township and has
been allocated, by the Township to the Plan.
• adequate sanitary sewage disposal capacity and allocation have been
confirmed available by the operator of the private wastewater treatment plant
or confirmed and allocated by the Township to the Plan, as the case may be.
34. The Owner shall agree in the Subdivision Agreement that the Owner shall save
harmless the Township and the County of Simcoe from any claim or action as a
result of water and/or sewage services not being available when anticipated.
35. That the Owner promptly acknowledge in writing to the Township that draft
approval of this subdivision does not include a commitment by the Township of
servicing capacity, allocation or availability and that adequate servicing capacity
and availability must be confirmed to the satisfaction of the Township prior to final
approval of the subdivision for registration purposes.
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Operations and Community Services
36. That the subdivision agreement between the Owners and the Township contain
provisions whereby the Owner agrees to convey land to the Township for parks
purposes and/or cash in lieu of parkland pursuant to Section 42 of the Planning
Act, and whereby the Owner agrees to a contribution, to the satisfaction of the
Township, towards public recreation facilities in lieu of private recreation facilities
deleted from the phase formerly known as Landscape Drive Phase 3 and now
known as Horseshoe Ridge.
Nottawasaga Valley Conservation Authority
37. That prior to final approval the following shall be prepared to the satisfaction of
the Nottawasaga Valley Conservation Authority and Township of Oro-Medonte:
• A detailed Stormwater Management Report;
• Detailed Erosion Control Plan(s);
• Detailed Grading Plan(s);
• A detailed Geotechnical Report for the storm water facilities;
• A stand-alone Operations and Maintenance manual for the stormwater
management facility; and
• Detailed landscaping plan(s) for the storm water management facility.
38. That the draft plan be revised in order to meet the requirements of the above
condition including providing for a larger stormwater pond block (if necessary) to
the satisfaction of the Nottawasaga Valley Conservation Authority and the
Township of Oro-Medonte.
39. That the owner shall agree in the Subdivision Agreement, in wording acceptable
to the Nottawasaga Valley Conservation Authority, to carry out or cause to be
carried out the recommendations and measures contained within the plans and
reports set out above.
40. That the owner shall agree in the Subdivision Agreement, in wording acceptable
to the Nottawasaga Valley Conservation Authority, to ensure that all sediment
and erosion control measures will be in place prior to any site alteration. The
agreement must also contain a provision stating that all major stormwater
management facilities must be in place prior to the creation of impervious areas
such as roads and buildings.
41 . That the owner shall agree in the Subdivision Agreement to engage a qualified
professional to certify in writing that the works were constructed in accordance
with the plans, reports and specifications, as approved by the Nottawasaga
Valley Conservation Authority.
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42. That the stormwater management facility and any easements required for
stormwater drainage purposes internal to the subdivision shall be
dedicated/granted to the Township of Oro-Medonte.
43. That the Nottawasaga Valley Conservation Authority is notified in writing through
a copy of the passed zoning by-law including its text and schedule that the storm
water management facility has been restrictively zoned.
County of Simcoe
44. That the Owner promptly acknowledge in writing to the Township and to the
County of Simcoe Planning Department that, prior to development of that portion
of the draft plan outside of the phase known as Landscape Drive Phase 4, the
Owner may be required to complete additional Ministry of Environment,
Conservation and Parks D-4 Guideline Assessments due to the presence of a
nearby non-operating landfill on lands outside of the draft plan.
45. That the subdivision agreement between the Owner and the Township contain a
clause alerting future occupants of the subdivision to the presence of a nearby
non-operating landfill on lands outside of the draft plan and that occupants may
be subject to nuisance effects resulting from the non-operating landfill and,
further, that the Owner agrees to insert a similar clause in all offers and
agreements of purchase and sale. The wording of this clause is to be to the
satisfaction of the Township and the County of Simcoe Planning Department.
46. That prior to final approval a Traffic Impact Study be submitted to the County
Engineer for approval. Completion of the study may require the applicant to
enter into agreements with the County for road Improvements, including
implementation, intersection design, and signalization. Any road improvements
that are attributable and benefiting the proposed development(s) would be the
financial responsibility of the proponent.
District School Boards
47. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe Muskoka Catholic District School Board: "The owner shall include in
all offers of purchase and sale a clause advising prospective purchasers that
pupils from this development attending educational facilities operated by the
Simcoe Muskoka Catholic District School Board may, be transported
to/accommodated in temporary facilities out of the neighbourhood school's area."
48. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe County District School Board: "Purchasers, renters, lessees are
warned that there are no schools planned within this subdivision, or within
walking distance of it and that pupils may be accommodated in temporary
facilities and or be directed to facilities outside of the area."
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Ministry of Tourism, Culture and Sport
49. That an archaeological assessment be conducted of the development site by a
licensed archaeologist and adverse impacts to any significant archaeological
resources found on the site be mitigated through preservation or resource
removal and documentation. No demolition, grading or other soil disturbances
shall take place on the subject property prior to the Ministry of Culture confirming
that all archaeological resource concerns have met licensing and resource
conservation requirements. A copy of the archaeological assessment report and
the Ministry's confirmation are to be submitted to the Township of Oro-Medonte
Development Services Department for information.
Utilities
50. That the Owner agree in the Subdivision Agreement to make satisfactory
arrangements for the construction of utilities (including but not limited to
electrical, telephone, natural gas and cable television).
Canada Post
51 . That the Owner shall agree in the Subdivision Agreement to, if required, locate a
pad for a Canada Post community mailbox, to be identified on the engineered
drawings, to the satisfaction of Canada Post and that prior to final Plan approval,
the Township of Oro-Medonte be advised, in writing, by Canada Post how this
condition has been satisfied.
Model Home and Temporary Sales Office
52. The Owner agrees to comply with the Township's Zoning By-law provisions for
either a model home or a temporary sales office that may be permitted on the
lands prior to final registration of the plan.
53. The Owner further agrees that prior to the construction of any model home, the
Owner shall enter into a Model Home Agreement with the Township of Oro-
Medonte, that the Owner provide the Township with securities pursuant to the
Agreement, that the Agreement be registered on title and that the Owner shat
obtain the required Zoning Certificate and Building Permit.
Agency Agreement
54. That prior to final approval the Owner enter into an Agency Agreement with the
Township of Oro-Medonte in regards to the access, operation, maintenance and
repair of certain Stormwater Management Facilities, which shall be attached as a
schedule to the Subdivision Agreement registered on title.
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55. That the Subdivision Agreement contain the following clause to the satisfaction of
the Township of Oro-Medonte: "The owner shall include in all agreements of
purchase and sale a clause requiring prospective purchasers to acknowledge the
contents of the Agency Agreement between the Owner and the Township of Oro-
Medonte attached as Schedule "X" to this Agreement".
Clearance of Conditions
56. That prior to the final approval of this plan, the Township is advised in writing by
the Simcoe County District School Board how condition _ has been satisfied.
57. That prior to the final approval of this plan, the Township is advised in writing by
the Simcoe Muskoka Catholic Separate School Board how condition _ has been
satisfied.
58. That prior to the final approval of this plan, the Township is advised in writing by
the Nottawasaga Valley Conservation Authority how conditions have
been satisfied.
59. That prior to the final approval of this plan, the Township is advised in writing by
the County of Simcoe how condition has been satisfied.
60. That prior to the final approval of this plan, the Township is advised in writing by
the Ministry of Tourism, Culture and Sport how condition _ has been satisfied.
61 . That the approval of this draft plan will lapse three years from the date of
approval. This approval may be extended pursuant to subsection 51(33) of the
Planning Act, but no extension can be granted once the approval has lapsed.
NOTES TO DRAFT APPROVAL
1 . It is the applicant's responsibility to fulfil the conditions of Council's approval and
to ensure that the required clearance letters are forwarded by the appropriate
agencies to the Township of Oro-Medonte, Planning Department, 148 Line 7
South, Oro-Medonte, ON, LOL 2EO, quoting Township file number 2016-SUB-01 .
2. The Land Titles Act requires all new plans be registered in a Land Titles system if
the land is situated in a land titles division and there are certain exceptions.
3. The Township of Oro-Medonte uses a 0.3 metre reserve to notify the public that
access to the Municipal highway will not be granted across the reserve. It should
be shown as a block on the final plan outside the road allowance. Deeds in
triplicate conveying this reserve to the Corporation of the Township of Oro-
Medonte together with the proposed final plan should be sent to the Municipal
Clerk.
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4. Inauguration, or extension of a piped water supply, a sewage system, or a storm
drainage system, is subject to the approval of the Ministry of Environment,
Conservation and Parks under sections 23 and 24 of the Ontario Water
Resources Act, R.S.O. 1980.
5. Hydro One wishes to advise the developer of the following:
(a) the costs of any relocations or revisions to Hydro One facilities which are
necessary to accommodate this subdivision will be borne by the developer
(b) any easement rights of Hydro One are to be respected
(c) the developer should contact the local Hydro One Area Office to verify if
any low voltage distribution lines may be affected by the proposal
The final plan approved by the Township must be registered within 30 days or
the Township may withdraw the approval under Section 51(59) of the Planning
Act, R.S.O. 1990
All measurements in the subdivision final plan must be presented in metric units.
6. The Nottawasaga Valley Conservation Authority will require a copy of the
executed subdivision agreement prior to the clearance of draft plan conditions.
7. The owner shall agree, prior to final plan approval, to pay all development fees to
the conservation authority as required in accordance with the Nottawasaga
Valley Conservation Authority's fees policy, under the Conservation Authorities
Act.
8. Clearances are required from the following agencies:
Corporation of the Township Simcoe County District School
of Oro-Medonte Board
Box 100 1170 Highway 26 West
Oro Station ON LOL 2XO Midhurst ON LOL 1X0
Nottawasaga Valley Simcoe Muskoka Catholic District
Conservation Authority School Board
8195 8t" Line 46 Alliance Blvd.
Utopia ON LOM 1 TO- Barrie ON L4M 51<3
Ontario Ministry of Environment, Ministry of Tourism, Culture & Sport
Conservation and Parks 400 University Avenue, 4t" Floor
Barrie District Office Toronto ON M7A 2R9
54 Cedar Pointe Dr#1201
Barrie ON L4N 5R7
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Canada Post County of Simcoe
Delivery Planning Planning Department
200-1860 Midland Ave 1110 Highway 26
Scarborough ON M 1 P 5A1 Midhurst ON L9X 1 N6
If the agency conditions concern conditions in the subdivision agreement, a copy
of the relevant section of the agreement should be sent to them. This will
expedite clearance of the final plan.
9. If final approval is not given to this plan by , and no
extension has been granted, draft approval shall lapse under subsection
51(32) of the Planning Act, R.S.O. 1990, as amended. If the owner wishes to
request an extension to draft approval. a written explanation, must be
received by the Township of Oro-Medonte sixty (60) days prior to the
lapsing date.
10. Please note that an updated review of the plan, and revisions to the
conditions of approval, may be necessary if an extension is to be granted.
11 . When the Zoning By-law is being prepared, reference to this subdivision
application OM-file number should be included in the explanatory note. This will
expedite the Township's and other agencies' consideration of the by-law.
Subject to the conditions set forth above, this Draft Plan is approved under Section 51
of the Planning Act R.S.O. 1990, Chapter 13, as amended.
This day of , 2020.
Andria Leigh, MCIP, RPP
Director of Development Services
Page 162 of 174
14.d) Correspondence dated April 3, 2022 from Candy Keillor, Community E...
From:Candy Keillor<Candy.Keillor@operationsmile.org>
Sent:April 3, 2022 3:25 PM
To: Hughes, Harry<harry.hughes@oro-medonte.ca>
Subject: [External] Invitation to Proclaim June 19th, 2022 The Longest Day of SMILES°
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Dear Mayor Harry Hughes,
In these unprecedented times, Operation Smile Canada recognizes the importance of engaging community
members in ways that enable them to use their passion and creativity to encourage positive change.
Which is why we are inviting you as the Mayor of Oro-Medonte Township to proclaim June 19th, 2022 as the
Longest Day of SMILES@ in your community.
The Longest Day of SMILES@ encourages community ambassadors to raise awareness and funds to help a
child born with a cleft condition smile and change their life with free, safe, cleft surgery and comprehensive
care. From sun-up to sun-down, from coast to coast to coast, Canadians are dedicating June 19th, 2022, and
the time leading up to it, to helping children SMILE.
Operation Smile Canada is a volunteer-delivered global medical charity that exists to ensure everyone has
access to safe, effective surgery that they need wherever they live in the world. Surgery that will change a
child's life forever... help families, communities, countries, regions and yes, the world.
By proclaiming June 19th, 2022, as the Longest Day of SMILES@ in Oro-Medonte Township and challenging
other mayors to do the same, you can provide waiting children with exceptional cleft care and a hopeful future
with a new smile.
Our Community Engagement& Fundraising team is happy to support you and your community should you
choose to participate with us.
To confirm your participation or to request more info, please email Candy Keillor, Community Engagement
Specialist candy.keillor(a-)_operationsmile.org
To learn more about the transformational impact of Operation Smile Canada, visit: operationsmile.ca
We look forward to collaborating with you and your team to make this the best Longest Day of SMILES@ yet!
Together we can make a difference one smile at a time!
Keep Smiling,
Candy Keillor(she/her)
Community Engagement Specialist
Page 163 of 174
17.a) 2022-051 , A By-law to Constitute and Appoint a Development Service...
The Corporation of the Township of Oro-Medonte
By-law No. 2022-051
A By-law to Constitute and Appoint a Development Services Committee
and to Repeal By-law 2021-012
Whereas Authority is granted, pursuant to the provisions of Section 44 of the Planning
Act, R.S.O. 1990, Chapter P. 13, as amended, to Council to constitute and appoint a
Committee of Adjustment;
And Whereas Section 5, Subsections 1 and 3 of the Planning Act, R.S.O. 19907
Chapter P.13, as amended, provides the authority for County to delegate their authority
under Section 4 of the Planning Act, R.S.O. 1990 subject to such conditions as the
Council may by by-law provide;
And Whereas Section 8, Subsection 1 of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that the Council of a municipality may appoint a Planning
Advisory Committee composed of such persons as the Council may determine;
And Whereas Council deems it advisable to do so;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1) That a Development Services Committee be constituted and appointed, to be known
as the Township of Oro-Medonte Development Services Committee ("Development
Services Committee") in accordance with the provisions of Sections 8 and 44 of the
Planning Act, R.S.O. 1990.
2) That Council of the Corporation of the Township of Oro-Medonte delegates to the
Development Services Committee the authority for the giving of consents under
Section 53 of the Planning Act, 1990, in respect of lands situate within the corporate
limits of the Township of Oro-Medonte, subject to the provisions of Section 54 of the
Planning Act and empower the Development Services Committee to grant minor
variances from the provisions of any by-law of the municipality that implements an
Official Plan, or from such by-laws of the municipality as are specified and that
implement an Official Plan, subject to the provisions of Section 45 of the Planning
Act.
3) That Council of the Corporation of the Township of Oro-Medonte delegates to the
Development Services Committee their authority under Subsections 4 and 5, of the
Planning Act R.S.O. 1990.
4) That the mandate of the Development Services Committee includes:
Page 164 of 174
17.a) 2022-051 , A By-law to Constitute and Appoint a Development Service...
• To review and make recommendations with respect to planning and
development matters/applications.
• To advise with respect to planning policy.
• To give consents and to grant minor variances subject to the provisions of
Sections 53, 54, and 45 of the Planning Act R.S.O. 1990 respectively.
• To conduct open houses, public meetings, or hearings as legislated under
the Planning Act R.S.O. 1990.
5) That the Development Services Committee be composed of all seven (7) members
of Council;
6) That the regular schedule of meetings of the Development Services Committee shall
be as follows:
a) Development Services Committee meetings on the first Wednesday of each
month.
b) During the month of December in the final year of a Council term, no
Development Services Committee meeting shall be held.
c) During the months of August and December 2022, no Development Services
Committee meeting shall be held.
7) All Development Service Committee meetings shall be at a time established by the
Township and specified on the agenda for the specific meeting. Information on how
the public may participate and/or provide input/comments for the Development
Services Committee meetings will be provided on the notice required under the
Planning Act, on the meeting agenda and on the Township's website.
8) That persons appointed to the Development Services Committee shall be paid such
remuneration and expenses as Council provides.
9) That By-Law No. 2021-012 is hereby repealed in its entirety.
10)This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 25t" day of May, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk, Yvonne Aubichon
Page 165 of 174
17.b) 2022-052: A By-law to adopt the estimates of all amounts required ...
The Corporation of the Township of Oro-Medonte
By-law No. 2022-052
A By-law to adopt the estimates of all amounts required during the year and
for levying the tax rates for the year 2022.
Whereas Section 290 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the Council of a local municipality to prepare and adopt estimates of all
amounts required during the year;
And Whereas Section 312 of the Municipal Act, 2001, S.O.2001 , c.25, as
amended, authorizes the Council of a local municipality to pass a by-law levying a
separate tax rate, as specified in the by-law, on the assessment in each property
class in the local municipality rateable for local municipality purposes;
And Whereas the County of Simcoe has established by by-law the following tax
ratios for the year 2022:
Residential/Farm 1.000000
Multi-Residential 1.000000
Commercial 1.222300
Industrial 1.192500
Pipelines 1.296600
Farmlands 0.250000
Managed Forests 0.250000
Landfill 1.000000
And the County tax rates for the year 2022.
And Whereas Ontario Regulation 400/98 establishes the Education tax rates for
the year 2022;
And Whereas Section 329 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended establishes limitations on the taxes for the commercial, industrial and
multi-residential classes;
And Whereas Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to pass by-laws imposing fees or charges for
services provided by it;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the estimates of Operating Expenditures net of non-taxation revenue
for the year 2022 for the purposes of the municipality shall be adopted as
follows:
Council $ 487,130
Administration 478807921
Heritage 20,931
Page 166 of 174
17.b) 2022-052: A By-law to adopt the estimates of all amounts required ...
Emergency Services 2,319,826
Police 2,939,154
School Crossing Guards 35,914
Municipal Law Enforcement 677,465
Environmental Services 859,353
Planning 863,964
Public Works 5,921,305
Street Lighting 29,500
Libraries 265,162
Parks and Recreation 1,385,602
Community Halls 45,629
Net Corporate revenue
excluding tax levy (2,328,327)
$ 18,403,529
2. That the estimates of capital expenditures net of non-taxation revenue for
the year 2022 for the purposes of the municipality shall be adopted as
follows:
Reserve Transfers — Capital Replacement $3,460,646
Debt Repayment 1,864,054
Administration 82,650
Heritage 29,000
Recreation 0
Community Halls 0
Public Works 25,000
5,461,350
3. That the following amounts shall be raised by taxation within the Township of
Oro-Medonte in the year 2022:
Township General Purposes $24,135,290
County Purposes 14,283,213
School Board Purposes 9,561,072
Total Tax Levy $47,979,575
4. That the Tax Rates shown on Schedule "A" attached hereto and forming part
of this By-law shall be levied upon and collected from the whole of the
assessment for real property, in accordance with the last returned
Assessment Roll for the Township of Oro-Medonte, as amended.
5. That in addition to the foregoing the following Special Charges and
Collectables be levied and collected:
(a) A levy for the purposes of recovering amounts advanced under the
provisions of the Tile Drainage Act, Chapter T.B, R.S.O. 1990, as
amended, from benefitting properties.
(b) A special levy to collect the annual estimates for the following Street
Lighting Areas in addition to any Street Lighting Areas that are
Page 167 of 174
17.b) 2022-052: A By-law to adopt the estimates of all amounts required ...
assumed during 2022 apportioned on a flat rate basis of $57 to the
benefitting properties:
Bachly
Bidwell
Black Forest Lane
Cairns Estates
Canterbury
Conder Drive
Country Lane Estates
Craighurst
Day Subdivision
Edgar Estates
Evans Subdivision
Fairway Forest
Forest Glen
Forest Home Industrial Park
Guthrie Industrial Subdivision
Hastings Estates
Harbourwood
Hawkestone
Horseshoe Highlands
Houben
Kade Meadows
Lakewood Subdivision
Martinbrook
Medonte Estates
Mount St. Louis Estates
Oro Hills
Parkside Beach
Pritchard Subdivision
Robincrest Subdivision
Shanty Bay
Simoro
Snowshoe Trail
Sprucewood Estates
Sugarbush
Warminster
Wesley Heights
Windfield Estates
(c) An adjustment to taxes for the commercial, industrial and multi-
residential classes as determined in accordance with Section 329 of the
Municipal Act, 2001, S.O. 2001, c.25, as amended.
(d) A levy for any or all other amounts collectable pursuant to any statute or
by-law and chargeable to any or all real property and business and/or
Page 168 of 174
17.b) 2022-052: A By-law to adopt the estimates of all amounts required ...
person or persons to be raised in the same manner and at the same
time as all other levies, rates, charges and/or collections.
6. (a) That the final tax bill less the interim tax bill be due and payable in two
equal installments on or before Friday, July 29t", 2022 and Thursday,
September 29t", 2022 for properties with no capping adjustments.
(b) That the final tax bill less the interim tax bill be due and payable in two
equal installments on or before Wednesday, August 31 st, 2022 and
Thursday, September 29t", 2022 for properties in the Commercial, Industrial
and Multi-residential classes with capping adjustments.
7. The Treasurer is hereby authorized to mail or cause to be mailed the notice
of taxes due to the address of the residence or place of business of the
person to whom such notice is required to be given as shown on the latest
revised Assessment Roll.
8. A penalty for non-payment of taxes shall be imposed not exceeding 1 Y4% on
the first day of default, and on the first day of each calendar month thereafter
during the year 2022, until the taxes are paid.
9. That there be added an interest charge of 1 Y4% on the first day of each
month on any outstanding tax arrears from the 31 st day of December in the
year in which the taxes were levied until the taxes are paid.
10. That taxes may be paid either in full or by installments for remittance
payments to the credit of the Treasurer on or before the day on which such
taxes fall due, at most financial institutions, which accept and process
payments on behalf of customers, with the onus on the financial institution to
remit payments on time.
11. That all taxes be paid into the Office of the Treasurer.
12. That the Treasurer be authorized and directed to collect any penalty or
interest or any other levies, rates, charges or collections in the same manner
as empowered to collect taxes levied by the Council.
13. That the Treasurer be authorized to accept part payment from time to time
on account of any taxes due and to give a receipt for such part payment
provided that acceptance of any such payment does not affect the collection
of any penalty or interest or any other levies, rates, charges or collections
imposed, collectable and due in respect to any non-payment.
14. That tax rates be applicable and levied upon any assessment that was not
on the assessment roll as returned.
15. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 25t" day of May,
2022.
Page 169 of 174
17.b) 2022-052: A By-law to adopt the estimates of all amounts required ...
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk, Yvonne Aubichon
Page 170 of 174
17.b) 2022-052: A By-law to adopt the estimates of all amounts required ...
Schedule"A"
to By-Law 2022-052
The Corporation of the Township of Oro-Medonte
2022 Tax Rates
Property Class Township County Education Total Tax Rate
Residential/Farm 0.00363060 0.00279034 0.00153000 0.00795094
Multi-Residential 0.00363060 0.00279034 0.00153000 0.00795094
Commercial Occupied 0.00443768 0.00341063 0.00880000 0.01664831
Commercial Vacant 0.00443768 0.00341063 0.00880000 0.01664831
Commercial-New Construction 0.00443768 0.00341063 0.00880000 0.01664831
Commercial-New Construction 0.00443768 0.00341063 0.00880000 0.01664831
Vacant
Commercial-Small Scale On 0.00110942 0.00085266 0.00220000 0.00416208
Farm Bu(C7)
Industrial Occupied 0.00432949 0.00332748 0.00880000 0.01645697
Industrial Vacant 0.00432949 0.00332748 0.00880000 0.01645697
Industrial-New Construction 0.00432949 0.00332748 0.00880000 0.01645697
Industrial-New Construction 0.00432949 0.00332748 0.00880000 0.01645697
Vacant
Landfill 0.00363060 0.00279034 0.00880000 0.01522094
Pipelines 0.00470744 0.00361795 0.00880000 0.01712539
Farmlands 0.00090765 0.00069759 0.00038250 0.00198774
Managed Forest 0.00090765 0.00069759 0.00038250 0.00198774
NOTE: Vacant includes both vacant and excess
Commercial Class includes both parking lots and shopping centres
Page 171 of 174
17.c) 2022-053, A By-law to Amend By-law 2021-088, a By-law to Appoint B...
The Corporation of the Township of Oro-Medonte
By-Law No. 2022-053
A By-law to A By-law to Amend By-law 2021-088 a By-law to Appoint Building
Inspectors
Whereas Section 3(2) of the Building Code Act, 1992, S.O. 1992, c.23, as amended
provides that the Council of each municipality shall appoint such inspectors as are
necessary for the purposes of the enforcement of the Act;
And Whereas Section 3.1.4.1. Division C, Part 3 of the Ontario Building Code provides
the authority for a person to be appointed under the Act as a Building Inspector;
And Whereas the Council of the Corporation of the Township of oro-Medonte did on
the 18t" day of August, 2021, enact By-law 2021-088, "A By-law to Appoint Building
Inspectors";
And Whereas the Council of the Corporation of the Township of Oro-Medonte does
now find it expedient to amend By-law 2021-088;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the following employees of The Corporation of the Township of Oro-
Medonte be added to By-law 2021-088 and appointed as Building Inspectors for
the Township of Oro-Medonte:
Greg Miller
2. That this by-law shall take effect on the final passing thereof.
By-Law Read a First, Second and Third time, and Passed this 25t" day of May,
2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk, Yvonne Aubichon
Page 172 of 174
17.d) 2022-054: A By-law to Amend By-law 2022-038, a By-law to Appoint M...
The Corporation of the Township of Oro-Medonte
By-law No. 2022-054
A By-law to Amend By-law 2022-038 "A By-law to Appoint
Municipal Law Enforcement Officers/Provincial Offences Officers"
Whereas Section 224 of the Municipal Act 2001, S.O. 2001, c. 25, Section 224, as
amended, provides that the role of Council is to ensure that administrative practices are
in place to implement the decisions of Council;
And Whereas Section 15 of the Police Services Act, R.S.O. 1990, Chapter P.15,
Section 15, provides the appointment of Municipal Law Enforcement Officers for the
purpose of enforcing the by-laws of a municipality;
And Whereas the Council of the Corporation of the Township of Oro-Medonte did on
the 27t" day of April, 2022, enact By-law 2022-038, "A By-law to Appoint Municipal Law
Enforcement Officers/provincial Offences Officers";
And Whereas the Council of the Corporation of the Township of Oro-Medonte does
now find it expedient to amend By-law 2022-038;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That Schedule "A" of By-law 2022-038 be amended by adding the following:
Greg Miller
2. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 25t" day of May, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk, Yvonne Aubichon
Page 173 of 174
19.a) 2022-055 Confirmation By-law
The Corporation of the Township of Oro-Medonte
By-Law No. 2022-055
Being a By-Law to Confirm the Proceedings of the Council Meeting held on
Wednesday, May 25, 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, May 25,
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. IL
By-Law Read a First, Second and Third time, and Passed this 25t" day of May,
2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk, Yvonne Aubichon
Page 174 of 174