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12 16 2002 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, DECEMBER 18,2002 TIME: 7:00 p.m. r .......................................................................... 1. OPENING OF MEETING BY MAYOR 2. PRAYER 3. ADOPTION OF AGENDA 4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 5. RECOGNITION OF ACHIEVEMENTS Nil. 6. MINUTES OF PREVIOUS MEETINGS a) Minutes of the Council Meeting held Wednesday, December 4, 2002. b) Minutes of the Special Council Meeting held Wednesday, December 4,2002. b c) Minutes of the Special Council Meeting held Wednesday, December 11, 2002 ~ 7. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Region Conservation Authority, minutes of meeting held November 22, 2002. 8. DEPUTATIONS: None. 9. REPORTS OF MUNICIPAL OFFICERS: a) Report No. PD2002-40, Andria Leigh, Senior Planner, re: Committee of Adjustment Decisions, December 12, 2002. b) Report No. PR2002-15, Chris Carter, Parks & Recreation, re: Request to waive the Rental Fees for the use of the Ball Diamonds and Banquet Hall at the Oro-Medonte Community Arena for the Bell Canada Charity Sno-Pitch Tournament. c) Marilyn Pennycook presentation, re: Changes to Draft Procedural By-Law. 10. COMMUNICATIONS: a) Township of Severn, correspondence re: Educational Development Charges Appeal. b) Oro-Medonte Chamber of Commerce, correspondence re: Oro-Medonte Community Arena Banquet Hall. ~ , 11. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole meeting held Wednesday, December 11, 2002. 12. PETITIONS: None. 13. UNFINISHED OR NEW BUSINESS: 14. BY-LAWS: a) By-law No. 2002-123 Being a by-law to Establish Procedures for Notice Provision. b) By-law No. 2002-130 Being a by-law to amend By-law No. 2001-008, a by-law to appoint representatives to various committees and to repeal By-law No. 2002-003. " .( c) By-law No. 2002-132 Being a by-law to impose a Water Works Rate upon owners of land deriving a benefit from the private Moonstone Water Works System. d) By-law No. 2002-133 Being a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase II, 51-M-447 (Horseshoe/Salvil (Oro) Limited). e) By-law No. 2002-134 Being a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase liB, 51M-553 (Salvil Investments). f) By-law No. 2002-135 Being a by-law to authorize the issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Hasting (White Bros.) Subdivision, 51 M-593. g) By-law No. 2002-136 Being a by-law to amend By-law No. 99-4, a by-law to provide for the imposition of fees. h) By-law No. 2002-137 Being a by-law to authorize the execution of a Tax arrears extension agreement. i) By-law No. 2002-138 Being a by-law to Govern the Proceedings of Council and Committees of Council in the Township of Oro-Medonte and to Repeal By-law No. 95-44. j) By-law No. 2002-139 Being a by-law to adopt Official Plan Amendment No. 15 to the Township of Oro-Medonte Official Plan. 15. IN-CAMERA: 16. CONFIRMATION BY-LAW NO. 2002-142 17. ADJOURNMENT: 18. QUESTIONS: " . ADDENDUM COUNCIL MEETING Wednesday, December 18, 2002 10. COMMUNICATIONS: c) Dennis Barkley, correspondence re: waiving conditions for Warminster Santa Claus Parade, December 23, 2002. 14. BY-LAWS: k) By-law No. 2002-140 Being a by-law to authorize the execution of an Agreement between the Township of Oro-Medonte and The Simcoe County District Health Unit. I) By-law No. 2002-141 Being a by-law to appoint By-law Inspectors ("Public Places By-law"). m) By-law No. 2002-143 Being a by-law to authorize the entering into of an Agreement with The Ontario Federation of Snowmobile Clubs. 15. IN-CAMERA: a) Jennifer Zieleniewski, CAO, report re Personnel matter. 7q) I Q) LAKE SIMCOE REGION CONSERVATION AUTHORITY MEETING NO. BOD-11-02 'Friday, November 22nd, 2002 - 9:00 a.m. ' ' The Town of East Gwillimbury 19000 Leslie Street "Holland Landing Room" . Sharon, ON Telephone the LSRCA: (905) 895-1281 MINUTES SENT: Bridge, Chair Deputy Mayor S. Para, Vice-Chair Councillor L. Corrigan J. Dales, Honourary Member Councillor V. Hackson Councillor M.' Jordan Councillor H. Lodwick Councillor P. Marshall Councillor N. Snutch Mayor T. Taylor Councillor W. Teel Deputy Mayor J. West STAFF: D. Gayle Wood, CAO./Secretary-Treasurer S. Hanson, Director, Corporate Services A. Leach, Director, Conservation Land Management R. Vos, Director, Watershed Management G. Davis, Co-ordinator, Forestry Programs and Services G. Casey, Recording Secretary, REGRETS: Mayor M.. Black Ald,r/TI' ~ DEPUTATIONS: Councillor Mark Carroll, GTA Wetland Watch 8 Board of Directors' Meeting BOD-11-02 - Minutes " 1 q)l. , November 22nd, 2002 1. Disclosure of Pecuniary Interest & the General Nature Thereof There were no declarations of conflict of interest at this meeting. 2. Minutes (a) Board of Directors Minutes of the Board of Directors' Meeting No. BOD-10-02, held on October 25th, 2002. Moved by: Seconded by: BOD-02-154 Neal Snutch ' Wayne Teel RESOLVED THAT the minutes ofthe Board of Directors' meeting No. BOD-10-02, held on October 25th, 2002, be adopted. 3. Adoption of the Aqenda Moved by: Seconded by: BOD-02-155 , 4. Announcements Neal Snutch Larry Corrigan RESOLVED THAT the Agenda of the Board of Directors' Meeting No. BOD-10-o2 held November 22nd, 2002, be adopted. The Chair informed the Board that the CAO, Alderman Alison Eadie, Director, Environmental Services and himself met with Mayor Perri and staff of the City of Barrie regarding the proposed jurisdictional expansion. This meeting went very well and certainly reflected the support of both the Mayor and staff with respect to the remainder of Barrie joining the Authority. The next step is to have the CAO make a presentation before Barrie Council which is expected to be done next month. 9 7q) 3 Board of Directors' Meeting 800-11-02 - Minutes November22nd, 2002 ' The Authority held the Conservation Awards Night on November 21 s" 2002, and it was , a tremendous success. There were approximately 170 people in attendance. The CAO made special mention of the following employees who received service awards and thanked them all for their continued support and dedication to the Authority: 5 Years of Service Andrea Gynan, Watershed Biologist Kevin Kennedy, Manager, Planning David Lembke, Environmental Monitoring Co-ordinator Heather McKinnon, Community Relations Specialist Stefan Romberg, Fisheries Biologist (MNR) -' 10 Years of Service Graeme Davis, Co-ordinator, Forestry Programs & Services 20 Years of Service John Brown, Lead Hand, Field Services Reinie Vos, Director, Watershed Management 30 Year of Service Doug Fennell, Lead Hand, Field Operations 5. Deputations (a) GTA Wetland Watch The Co-ordinator, Forestry Programs and Services presented Staff Report 68-02-BOD. regarding a project proposal submitted by the GT A Wetland Watch Committee advising the Board that the Authority is very pleased with this proposal as the reforestation of the property is in line with the Authority's initiatives. The Co-ordinator then introduced Councillor Mark Carroll to make a presentation on behalf of the GT A Wetland Watch. Councillor Mark Carroll provided background information on the GTA Wetland Watch 9,9rt1rt1lU."',,~ non-profit organization which has been in existence since 1994. ',OQI'U!11I9r\c;:'m>lIlq~~tlfled several project areas where the Committee will be focussing :.1r~i~~~&dl.!rlng2.pp~1.2.pQ~~ One lubJect area Is the Ontario Society for the .,rtV"nt'9;l)of,C;:nJe'tytoAnlmell (OSPCA) property which will entail approximately 8 hectares of reforestation, the development of a wetland area and various wildlife habitats, The OSPCA will use the area for education purposes. ~ Councillor Carroll advised that he is currently seeking funding assistance from the Trillium Foundation and Eco-Action and is asking for technical assistance from Authority staff. Councillor Carroll extended his thanks to Authority staff for their support of this program, in particular the Co-ordinator, Forestry Programs and Services and the Watershed Biologist. 10 Board of Directors' Meeting BOD-11-02 - Minutes 7'1 )-~ " November 22nd, 2002 The Authority's Board of Directors thanked Councillor Carroll for his presentation and wished him well with his projects. The Board directed staff to work with the GTA Wetland Watch when and where possible. Moved by: Seconded by: 800-02-156 Virginia Hackson Susan Para RESOL VED THAT Staff Report No. 68-02-BOD regarding a project proposal submitted by the GTA Wetland Watch Committee for the, Ontario Society for the Prevention of Cruelty to Animals (OSPCA) Property in the Town of Whitchurch Stouffville, be received for information; and FURTHER THAT staff work with the GTA Wetland Watch Committee wherever possible. 6. HearinQs Under Section 28 of the Conservation Authorities Act There are no Hearings scheduled for this meeting. 7. Fill. Construction & Alteration to Waterwavs Applications The Director, Watershed Management spoke to the Fill, Construction & Alteration to Waterways Applications Report. (a) Schedule 1 ,. Moved by: , Seconded by: BOD-02-157 Wayne Teel Harold Lodwick RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 153/90, as amended by Ontario Regulations 534/91 and 623/94, be received and approved. 11 Board of Directors' Meeting BOD-11-02 - Minutes 7q)5 November 22nd, 2002 8. Correspondence' The CAO reviewed the correspondence listed in the Agenda speaking specifically to item (e) regarding The Honourable Chris Hodgson, MPP, Minister of Municipal Affairs and Housing accepting the Authority's invitation to be the guest speaker at the Annual General Meeting to be held in February 2003; item (m) regarding the City of Barrie thanking the Authority for their assistance in resolving the siltation charges from DFO. The CAO wanted to ensure that recognition be given to Authority staff, in particular the Director, Watershed Management and the Director, Environmental Services for their assistance in this matter; and item (0) regarding a proposal to videotape the Lake Simcoe Watershed which was placed on the agenda at the request of Board Member Councillor Paul Marshall, Oro-Medonte. Staff will be directed to investigate this proposal further and report back to the Board. Moved by: Seconded by: BOD-02-158 Harold Lodwick John West RESOLVED THAT the correspondence listed in the November 22nd, 2002 agenda be received for information; and FURTHER THAT the ,letter from Mr. Tim , Crawford be referred to, staff with a report back to th,e Board of Directors. 9. Monthlv Communications Update The Director, Corporate Services reviewed the Monthly Communications Update dated October 1st to 31s" 2002. Moved by: Seconded by: BOD-02-159 Wayne Teel Susan Para RESOLVED THAT the Monthly Communications Update, dated October 15\to 315', 2002, be received for information. 12 Board of Directors' Meeting BOO-11-02 - Minutes 10. New Business 7 q)~ " , Npvember 22nd, 2002 a) Management of Durham ReQional Forest The Co-ordinator, Forestry Programs and Services presented Staff Report No. 69-02- BOD regarding the Management Agreementwith the Region of Durham for the Durham Regional Forest and requested approval from the Board to enter into discussions with Durham Region staff regarding this matter. Moved by: Secon.ded by: BOD-02-160 Larry Corrigan' Susan Para RESOL VEO THAT Staff Report No. 69-02-800 regarding the Management Agreement with the Region of Durham for the Durham Regional Forest be received for information; and FURTHER THAT Authority staff be directed to investigate options with the Region of Durham to enter Into a management agreement whereby the LSRCA will assume full responsibility for the management of the Durham Regional Forest. b) BudQet Status Report The Director, Corporate Services presented Staff Report No. 70-02-BOD regarding the budget status of the Authority for the period ending October 31s', 2002, which was tabled at the meeting. It is reported that the Authority presently projects an estimated surplus of $18,000. The CAO advised the Board that this figure may be increased due to unexpected fee revenues in November and December. Deputy Mayor John West complimented the Director, Corporate Services on the tight management of the Authority's budget. Moved by : Seconded by: BOD-02-161 Susan Para Margaret Jordan RESOLVED THAT Staff Report No. 70-02-BOD regarding the Authority's budget status for . the period ending October 31st, 2002, be received for information. 13 'Board'of Directors' Meeting BOD-"-02 . Minutes 7q)7 November 22nd, 2002 c) Lease Aqreement -Sheppard's Bush Conservation Area' The Director, Conservation Land Management presented Staff Report No. 71-02-BOD regarding a short term lease agreement between the Town of Aurora and the Lake Simcoe Region Conservation Authority. The Staff Report included a copy of the draft five-year agreement between the Town of Aurora and the Authority. The Director has been in discussion with Town of Aurora staff regarding this agreement and is of the opinion that this is a sound financial opportunity for the Authority. The Director asked the Board for approval to move forward with the negotiations. Moved by : Seconded by: BOD-02-162 John West Tom Taylor RESOL VED THAT Staff Report No. 71-02-BOD regarding a short term lease agreement between the Town of Aurora and the Lake Simcoe Region Conservation Authority be received; and THAT Staff be directed to work with the Town of Aurora to formalize a new agreement for ttie Sheppard's Bush Conservation Area; and FURTHER THAT Staff be directed to prepare a report for a future Board meeting d) Wholesale Groceries - Scanlon Creek Education Centre The Director, Conservation Land Management presented Staff Report No. 72-02-BOD regarding the recommendation for the wholesale grocery supplier for the 2003 residential program at the Scanlon Creek Education Centre. The Director asked for the Board's approval to cOntinue with the current supplier for the'year 2003 without going , to tender. Deputy Mayor John West recommended that the Authority investigate the feasibility of issuing a tender for the grocery supplier for a period of more than one (1) year in an effort to reduce costs. Staff will explore this option with the issuance of the tender at the end of 2003. Moved by: Seconded by: Virginia Hackson Tom Taylor 14 Soard of Directors' Meeting SOD-11-02 - Minutes , 7 q)~, BOD-02-163 November 22nd,2002 RESOLVED THAT Staff Report No. 72-02-800 regarding the recommendation for the wholesale grocery supplierforthe residential program at the Scanlon Creek Education, Centre for the year 2003 be received; and FURTHER THAT staff be authorized to issue a purchase order for the period January 1to December 31,2003 to Serca Foodservice ,Inc. e} Request for FundinQ - Nutrient ManaQement Reserves The Director, Watershed Management presented Staff Report No. 73-02-BOD regarding a request for funding from the nutrient management reserve. Moved by: Seconded by: BOD-02-164 Neal Snutch Margaret Jordan RESOLVED THAT Staff Report No. 73-02-800 regarding a request for funding from the nutrient management reserve be approved. f) Permit Fee Adlustment The Director, Watershed Management, presented Staff Report No. 74-02-BOD regarding Permit Fee Adjustments to be implemented January 1, 2003. Planning fees are not being addressed at this time as they have been set in co-ordination with other GTA Conservation Authorities and will be dealt with at a later date. Mayor Tom' Taylor suggested Authority staff explore the option of applying a percentage ?f the COLA increase to the fees on a yearly basis. Moved by: Seconded by: BOD-02-165 Larry Corrigan Margaret Jordan RESOLVED THAT Staff Report No. 74-02-BOO regarding Permit Fee Adjustments, be received for information; and FURTHER THAT the recornmendations proposed in the Staff Report be implemented effective January 1, 2003. lq}q Board of Directors' Meeting BOD.11.02 - Minutes November 22nd, 2002 11. Other Business (a) Minutes of Conservation Ontario Council MeetinQ The CAO advised that both herself and the Chair serve on this Council along with the' 36 Authorities in Ontario. These minutes are sent to the Board Members three to four times per year in order to keep them informed and updated. This is an excellent Council and provides a strong unified voice on various issues. ' Moved by: Seconded by: Tom Taylor Margaret Jordan ~ BOD-02-166 RESOLVED THAT the minutes of the September 23rd, 2002, meeting of the Conservation Ontario Council be received for information. ' (b) Kvoto Accord The CAO was asked if Conservation Authorities have been asked to provide input on the Kyoto Accord. The CAO responded that she is not aware of any involvement however will clarify this information with Conservation Ontario. Adjourn Moved by Seconded by: , Margaret Jordan Virginia Hackson The meeting' adjourned at 10:20 a.m. D.Gayl Wood Chief Administrative Officer! ,Secretary Treasurer Roy Bridge Chair H:IGCFilesIBOD Minutes &Agenda 20021November 20021Minutes 11.Q2.wpd 16 'f q ) I Township of Oro-Medonte REPORT Dept. Report To: Prepared By: #PD2002-40 Council Andria Leiah Subject & File #: Department: Council , Committee of Adjustment Planning C.ofW. Decisions - December 12, 2002 I Date: Motion # December 13, 2002 Date: R.M. File # C1111680 I BACKGROUND/ANALYSIS , Attached are the Planning Reports and Committee of Adjustment Decisions for the Consent and Minor Variance applications that had decisions at the Committee of Adjustment meeting held on December 12, 2002. The last date for receiving an appeal to the above noted decisions is Wednesday January 1, 2003. Two applications were deferred by the Committee as noted below. Consent Applications B-37/02 Rick and Susan Hollingshead Cone 8, Lot 2 (Om) 3193 Line 7 North B-18 & 19/02 Greg and Judith Thatcher Cone. 9, N Pt Lot 15 (Medonte) B-43/02 Paul and Joanne Jenney Cone. 1, Lot 1 (Orillia) B-42/02 Doris Hachie Cone. 10, Plan 882, Lots 7-9 (Oro), 1053 Lakeshore Rd E. DEFERRED B-41102 Horseshoe Resort Ltd. Cone 4, Lot 1 (Oro) Minor Variance Avvlications A-41102 Linda and Harry Vandervoort Plan 546, Lot 4 (Orillia) 21 Bards Beach Road DEFERRED A-38/02 Laurel View Homes Cone. 4, Part of Lot 3 (Om) I RECOMMENDATION Cfq)z.. , It is recommended to Council that: 1. This report and the Committee of Adjustment Decisions for December 12, 2002 be received. Respectfully submitted, ---1--A:.---t1!- Andria Leigh, Hons. B.A. MCIP, RPP Senior Planner C.A.O. Comments: Date: C.A.O. Dept. Head Q,,)3 TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT I REPORT NO.: COFA2002-B37 PREPARED BY: Todd WeathereD DATE: November 5, 2002 APPLICANT: Rick and Susan Hollingshead APPLICATION NO.: B-37102 ROLL NUMBER: 4346010003354 LEGAL DESCRIPTION: Concession 8, Lot 2 (Oro) I PROPOSAL I The purpose of application B-37102 is to permit the creation of a new residential lot. The new lot is proposed to have a lot frontage of 128 metres (420 feet), a lot depth of 146.3 metres (480 feet) and a lot area of 1.87 hectares (4.63 acres). The land proposed to be retained would a lot fTontage of 491.7 metres (1613.19 feet), and a lot area ofapproximately 38.4 hectares (94.88 acres). I AGENCY COMMENTS I Building Department: No concerns Roads Department: County of Simcoe Letter dated November 15/02 EO x., 5'1' rJ{y . I OFFICIAL PLAN , The subject property is designated Rural and Environmental Protection Two Overlay in the Township's Official Plan and therefore would be subject to Section D3.3.1. The Environmental Protection Two Overlay does not apply to the lands associated with the proposed severance and therefore is not applicable. In accordance with the intent of the Official Plan it is to maintain the rural character of the Township, only a limited number of new lots for residential purposes can be created in the Township. In this regard, only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. In considering the creation of a new lot for residential purposes, the Committee of Adjustment shall be satisfied that the proposed lot: a) will have a minimum lot area of 0.4 hectares; b) is of an appropriate size for residential use, with such a residential use generally not requiring a lot size that exceeds 2.0 hectares; c) fronts onto an existing public road that is maintained year round by the Township or County; d) will not cause a traffic hazard as a result of its location on a curve or a hill; and, '1 q )+ e) can be serviced with an appropriate water supply and an appropriate means of sewage disposal. . . The application appears to meet all the requirements within the Township's Official Plail. subject to approval by the Township building and roads departments in regard to subsections (d) , ' and (e). I ZONING BY-LAW I The subject property is zoned AgriculturaVRural (AJRU) in the Township's Zoning By-law 97- 95., as amended. Both the proposed and retained lots would appear to comply with the Zoning BYelaw provisions, as they relate to lot frontage and lot area requirements. ' I RECOMMENDATION I It is recommended that Consent Application B-37/02 be GRANTED subject to the following conditions: I. That the applicant obtains approval for a Part 8 Sewage Application from the Township of Oro-Medonte. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Fonn 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. 6. That a Development Charges Fee be paid to the Township of Oro-Medonte in the amount determined by Council as of the date the fee is received by the Township. 7. That the applicant pay to the Municipality the sum of $500.00 for each lot to be created as cash-in-lieu of parkland pursuant to the Planning Act, R.S.O. 1990 c.P.l3. SUb~.:d: ~Z~~~unior Planner TOWNSHIP PLANNER COMMENTS: -A~ -iuJ Andria Leigh, Senior Planner ()6C_ b 101..- Date 9 q)5 PAGE # 2 APPLICATION B-37/02 , COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by, Ken Robbins seconded by Joe Charles "That the Committee hereby GRANT Application B-37/02 subject to the following list of conditions: 1. That the applicant obtains approval for a Part 8 Sewage Application from the Township of Oro-Medonte. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form.2 as prescribed in the Planning Act. 4. 'That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. 6. That a Development Charges Fee be paid to the Township of Oro-Medonte in the amount determined by Council as of the date the fee is received by the Township. 7. That the appJicant pay to the Municipality the sum of $500.00 for each lot to be created as cash-in-lieu of parkland pursuant to the Planning Act, R.S.O. 1990 c.P.13. .....Carried" Additional information regarding this Application is available for public inspection' at the Township of Oro-Medonte Administration Centre, 148 County Road, 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. '"" N q \<::.: 7' t- <:. ::I D '-.J .1 ..cll-D -1DS_<;g1>r;;;.-'P~"j() 1'"1"- a I c. 11-.... Sc.J.st! rJ MOL <- ,rJt:-.$+<~ ;,193 [I,IE '1 N()I!--fH "Ro/h'lkDD"Yii: r Rb Vb:;. D J-b 1 /5 (IJ 0 S'fl- J R D U-II' & -r a;r!IN Wi"'" ~prnlC ,n A/'U fE' /,R 0='" A" D ,;D ff};: DVf.1Z erRouJri 6(<v!5H. 1.\4>;' - "" \" :r N of --r () So cJ:' Uf: 1-- f ('J t. -1 ,.,)D {(f' J-! E'i'.\S'1\t.JCr ftN"1A.AO.(J;. } <tcd7 toWNSHIP OF ORO-MEDONTE I REPORT TO COMMITIEE OF ADJUSTMENT I REPORT NO.: COFA2oo2-B.18, B-19 PREPARED BY: Todd Weatherell DATE: December 3, 2002 APPLICANT: Greg and Judith Thatcher APPLICAnONNO.: B-I8/02,B-19/02 ROLL NUMBER: 4346020005 11601 LEGAL DESCRIPTION: Concession 9, N. Part Lot 15 (Medonte) I PROPOSAL I The purpose of applications B-18/02&B-19/02 is to permit the creation of eight new residential lots. The new lots are proposed to have a lot frontage ranging from 3 \.8metres (104.3 feet) to 32.0 metres (105 feet), a lot depth of 180.5 metres (592.19 feet) and a lot area ranging from 0.57 hectares (\.42 acres) to 0.58 hectares (\.43 acres). The land proposed to be retained would a lot frontage of 32.3 metres (105.97 feet), a lot depth of 299 metres (980.97 feet), and a lot area of 3.87 hectares (9.56 acres). I AGENCY COMMENTS ~ Building Department: No Concerns Roads Department: County Road (Letter Received Previously) I OFFICIAL PLAN , The subject property is designated Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area Designation is to maintain and create attractive communities with suitable amenities and to ensure that settlement areas are developed in a logical and cost-effective manner. This application is subject to the policies of Section D4.3.2New Residential Lots by Consent The creation of new lots for any permitted use by consent to sever is permitted, provided a Plan of Subdivision is not required in accordance with Section D4.3.1 and provided the proposed lot: 9q)8' a) fronts onto an existing public road that is maintained year round by the Township, County or Province; , b) will not cause a traffic hazard as a result of its location on a curve or a hill; c) can be serviced with an appropriate water supply and an appropriate means of sewage disposal; d) complies with the County of Simcoe access policies if the proposed lot is to be accessed by a County road; and, e) is not located on lands designated Rural Settlement Area in the Forest Home or Prices Comers Settlement Areas. Moonstone and Oro Station are two settlement areas where only limited growth on municipal water and private septic systems will occur. Both of these communities are rural service centres and are serviced by a municipal water system that are capable of being expanded. Given the limited scale of new development anticipated in these two communities, communal sewage treatment systems are not required nor will they be considered for assumption by the Township. The application appears to comply with the Official Plan policies under section D4.3.2. subject to the final approval of the County of Simcoe regarding entrance approvals and the Township's Engineering Department regarding connection to the municipal system. I ZONING BY-LAW I The subject property is zoned AgriculturallRural Exception 15 (A/RU*15) in the Township's Zoning By-law 97-95, as amended. Exception 15 deals with Lands adjacent to Settlement areas, and only uses that existed on the effective date of this By-law (Nov. 5/97) are permitted on those lands. With the subject property being divided to create eight new lots, that would change the existed use on the property, therefore the application would not conform to the policies of the Zoning By-law. The applicant's would be required to rezone the property as a condition of consent. JRECOMMENDATION I It is recommended that Consent Application B-18/02 and B-19/02 be Granted subject to the following conditions: I. That the applicant obtains approval for a Part 8 Sewage Application from the Township of Oro-Medonte. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. ~q)~ 6. That a Development Charges Fee be paid to the Township of Oro-Medonte in the amount detennined by Council as of the date the fee is received by the 'Township. ' 7. That the applicant pay to the Municipality the sum of $500.00 for each lot to be created as cash-in-lieu of parkland pursuant to the Planning Act, R.S.O. 1990 c.P.B. 8. That the applicant's satisfy the requirements of the Townships Engineering and Environmental Services Department for the connection of these lots to the existing municipal water system in Moonstone. 9. That the applicant's are responsible for all costs associated with the connection of the proposed lots to the existing water system. S, ,u,bmitted by, ?P ~'" '//, ' q.l(- Todd W atherell, Junior Planner TOWNSHIP PLANNER COMMENTS: .---1.J;. --ti! Andria Leigh, Plan er I)fC b(c>2- Date , qq)fD PAGE #2 APPLICATION B-18/02 & B-19/02 , COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Joe Charles, seconded by Dave Edwards "That the Committee hereby GRANT Application B-1 8/02 & B-19/02 subject to the following list of conditions: 1. That the applicant obtains approval for a Part 8 Sewage Application from the Township of Oro-Medonte. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land SurVeyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. 6. That a Development Charges Fee be paid to the Township of Oro-Medonte in the amount determined by Council as of the date the fee is received by the Township. 7. That the applicant pay to the Municipality the sum of $500.00 for each lot to be created as cash-in-lieu of parkland pursuant to the Planning Act, R.S.O. 1990 c.P.l3. 8. That the applicant's satisfy the requirements of the Townships Engineering and Environmental Services Department for the connection of these lots to the existing municipal water system in Moonstone. 9. That the applicant's are responsible for all costs associated with the connection of the proposed lots to the existing water system. 10. That the applicant apply to amend the Site Specific Rezoning on the subject properties. II. The applicant must satisfy the conditions imposed by the County of Simcoe, in their letter dated December II, 2002. .....Carried Additional infonnation regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. - .--...... 0- N cr- ... N .. '" " o " .., .... " o .... .: " >- OJ >- Z o D OJ " , D Ir D -.".-..... ~. BUIlDING rOoWRtlTS AFRO). 2UOO It;! '" Z - >- J :> 1J Z D J 1J " z D ') " ~ " .. :> " :> , ~ I - i , DlSJI'Hi R[SE" TtAl I ,;....l PAR~.'" PROPOSED 2..5m ROAD 't1JD[NJI'IG ( .' " I I I, ' 'S;3.:.~' ,31.;",~."'! ;"Din ';", ~'1.6~ :"L~~~i "-JJ'./}IJI 31.8f1" 31.3";' i2~... r-lr-~r~~r-~r~~r-~rc~r-~r-' ,I ~DS II (II \\ II . I J "II \" 11',1 t II'".,) II TO BE I h ." II (, \11 I II 1.11 ", L. II ' '11 I f!::TAlN~ 1SE;\EREI),j 1SE;\(EREDf ISE.II~REO r l'EIEfifD II'E.rnrn1 JSEW<EDII~s:J "..., I ", :Jllt)I)=~;JllC 3)IIC,:JIIC311C:JIIL'.:JIIL':J.1 \. ":II) I ~ ; I r,J I '.I I II ..J III I I .J 'II 2, II" 3, II"., 4 1,1 5 11 6 11" 7 /I '~II"? I II '. II \ 'II) II II, 1111, II J II .' " " " ". ' I /' / I" "Ii , II. 1,.11'-,':.' ':,11 r I II I f 1111, II. ill ' , /I, I , I I. I I III I / j If I, I ["II i , Ii r y' ,,' IrA 1/) r, "~,I (, ".:>1)".11\ Ill"" II /1 ,I III /'ll:"j 1,,'11' ,'II '1Ir' II, '11 /' I /j::lt':~Jf">/.n~': l:-:L' _',IIL>., , : t..\ t.\ l " .1 ~<-:I ~":::.J "',....:.J,'~ - .J ~ :-.J ~, ::....J.~,~ .:J ~-:;1 :"",:c>:~~,-'.:.: -,L -+ ~ :"'5~,,"_ - _'.:c.~" ' - - -: ,'1 I I' J ", '\. '. 1 . I " ...Ar ~ft~t1UAl:PRmEOTiOH:.AAEi: "~r . ."' !J -----.--;---- , c' .287:2 ;" " . . I I , I ,". r ,," r I' I, ' k ", .'" ~ - - --.,;. - -..- - -:'~., ..' . ~'. ... LANDS TOlE RETA'I'ED , """11T 1 ,I J SEVERANCE PLAN P-'IIT OF LOT 15, CONCESSION 9 FORIIIERL Y IN mE 10WNSHIP OF MEDa>J1'E HOW IN THE TO~SHIP OF ORO-IIIEDDNlE CDUNlY ac SIMCCE .. LMlOS TO BE SEVrREO 4.5351 ho, \, ; " LANDS TO BE RE rAINED J.8673 ho LOT CALaJLA1l0HS " Lo' CO< ISbn..", "'mbr A,..o (h..) DJ.....",- (ho.) To Be Retdned 3.8&73 ho. . 3.2257 ho. To eo S.,..,ared 2 0.5501 ho. 0.4217 ha. 3 0.57 J9 ho. 0,44.34 ha. 4 0.51J9 ha. D.4<f;!4 ho. 5 0.5139 ho, 0.4434 ha. v'"'""" 6 0.5739 ho. 0.4434 ha. 7 0.5739 ha. D.44.J5 ho. B 0.5739 ha. 0.4435 ho. 9 0.5416 hD. 0.3787 hD. Tolol Sr:t".Hed 8 lots 4.5351 ho. J.46IO ha. Told 9 lots 8.4024 ho. IiS867 ho. SCALE 1: 1500 ". ~ , " .. ',-,.: neJ ONES IID~~.~II>> ~1C'T~_ . (III" a" L 'II J/ . OlOUPL"fi flUNlR'I,[JtJIIUW .Ir.:MM'!'OrI ~4 w.__ ._M.",.<' 9 'I) 12., TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT I REPORT NO..: COFA2002-B-43 PREPARED By: Todd Weatherell DA TE: December 3, 2002, APPLICANT: Paul and Joanne Jermey APPLlCATJONNO.: B-43/02 ROLL NUMBER: 434603001000803 LEGAL DESCRIPTION: Concession 1, Lot 1 (Orillia) I PROPOSAL ~ The applicant is proposing a boundary adjustment (lot addition). The land to be conveyed has a lot area of approximately 0.28 hectares (0.69 acres). The land to be retained would have a lot area of approximately 0.27 hectares (0.67 acres). I AGENCY COMMENTS , Building Department:";' CON G,DerJ5 Roads Department: ria ChJct-r"l.J I OFFICIAL PLAN I The subject property is designated Rural Settlement Area in the Township's Official Plan. The intent of the Rural Settlement Area Designation is to maintain and CTeate attractive communities with suitab]e amenities and to ensure that settlement areas are developed in a logical and cost-effective manner. As no new lots will be created this application would be deemed to generally conform to the policies of the Official Plan. I ZONING BY-LAW The subject property is zoned Residential One (Rl) in the Township's Zoning By-law 97- 95, as 0 amended. The proposed lot and retained lot would appear to meet the requirements of the Zoning By-law for lot aTea; therefore the application appears to meet the requirements of the Zoning By-law. I RECOMMENDA nON It is recommended that Consent Application B-43/02 be Granted subject to the follow list of conditions: 1. That three copies of a Reference Plan of the subject lands prepaTed by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 2. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 1 as prescribed in the Planning Act. 3. That all Municipal taxes be paid to the Municipality. 4. That the conditions of consent imposed by the Committee be fulfilled within one yeaT from the date of giving of this notice. Submitted by, 0'~1~~or Planner 'q)L3 , I TOWNSHIP PLANNER COMMENTS: -A-L --er-e. Andria Leigh, Planner DK 6(oL Date 9q) 14 PAGE #2 APPLICATION B-43/02 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by, A1 Pross seconded by Joe Charles "That the Committee hereby GRANT Application B-43/02 subject to the following list of conditions: 1. That three copies of a Reference Plan ofthe subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 2. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 1 as prescribed in the Planning Act. 3. That all Municipal taxes be paid to the Municipality. 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. .. ... Carried" Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. ./ qCf) IL PLAN OF SURVEY OF PART OF S 1/2 ~OT I, CONCESSION I TOWNSHIP OF SOUTH ORILLIA COUNTY OF SIMCOE SCALE: 1 INCH = 100 FEET PAUL R. KITCHEN SURVEYING LTD. 1989 .,:. .- . PL~IV s-t 1<... I q :? 7 J-. (' (:) "'/... ,::) ~r\ I)' IS) ... -,. ) -.<? -~... .... .... io- ~~ -;; E_ "'.. .' "N -. 7..(1:9:' ..... ~<t~.. '1'!o' _ ,.,,'5 ,. 1 ~~~':!1' '" 9\ ~'!J~' . ....\1..~ t.~c.t.D" \~\ ",t.~~ Cf \ 'IfI\"t. fiSt;.,,:'" 1. ..ft,!!I -' PA RT ,#-. AREA:: 1.356 c.,'< ~ N~Oxi!O"f: t'~~I~"'2t) N~O'!'!'''( ,",US) ~ NO ""HC! I. ,etSl '- I. tI'et :=>ART 2 -;; ::~ :"0 \l!q -i> E_ "," IN':;, Nt ',"211'i'2 JIo' I .... I , ~ .. I.. ~~ N z z o .. ;;:. aN ;''I! "" "';\11 .. Q 1\ i, .. PART 2 AREA =1.667Ac. ,0 :5,'f(- tJ342 S.W. CORNER LOT I. CON.I UNE' \~ \ ...... -- .,..:. , P/H~T .5: ::? - 12429 "z-:.. 2& 0 ,. --6 .- \:'. . -~ '" ~, BETWEEN ,." E[ LINE ,u~e.I&'OD"[ "De- U'30" t LOTS AND WI"E '''''[A'l 11'....1242" Nee-IIS'&O"[ IMEA'} 20t.OO' tHUI.'Z'30"[ 1'''1.85421 .... ,e9,1 ,. tetSI :NST. ... n' 5996:3 INS;: LOT 2 "f;, ~, ~~ ..:'.. U\ ~' ~ 1- 'Z;.. -Q ''I ~~, ~.....,). \ 'r, 1... A' , .,.... ,,':... ',0 . '\ ~\ ,- ~ ..... -? Ln ~.. I ~~ , oS' (~~ .-:>. , ~'" ... <:r) -...'\ " ,p"(1'7fJ-t "0 ,,'15 \191&' ..." I PUtCE {oJ' ~?1'.y.9' / ~ ~ I / / <;I> "0 '0 '("> " -' t \..\" PIMCt.. ,... ANp 2 ttDAR \ HtDOt err.". I i-i-.. ..,". '. ~ If...". ",. ~o~ " . '.. .4. c '4> ..... .. ~ -~ --- 9 q) I" TOWNSHIP OF ORO-MEDONTE J REPORT TO COMMITTEE OF ADJUSTMENT I REPORT NO.: COFA2oo2-B-41 PREPARED BY: Todd WeathereD DATE: December 3, 2002, APPLICANT: Horseshoe Valley Resort Limited APPLICATION NO.: B-41J02 ROLL NUMBER: 43460100002035 LEGAL DESCRIPTION: Concession 4, Lot 1 (Oro) I PROPOSAL I The purpose of application B-41J02 is to permit the creation of a new lot. The new lot would separate Parts 4,5,6,7 on Plan 51R-31463 (see attached). The new lot would be used for a condo hotel and conference area. I AGENCY COMMENTS , Building Department: No concerns Roads Department: .; () e o ",c..mr ) ~OFFJCIAL PLAN I The subject property is designated Horseshoe Valley Village in the Township's Official Plan. It is the intent of this Plan that the main commercial and resort facilities associated with the Horseshoe Valley Resort be located in this designation. As the new lot will be used for a condo hotel and conference area, which is a permitted use within this designation, the application would be deemed to generally conform to the policies of the Official Plan. 9 q) 17 I ZONING BY -LAW ~ The subject property is zoned Future Development Exception 67 (FD*67) and Future Development Exception 69 (FD*69)in the Township's Zoning By-law 97-95, as amended. The proposed lot and retained lot would not appear to meet the requirements of the Zoning By-law as exception 67 and 69 reflect additions to buildings or structures, not to exceed 753.5 square feet. The applicant has submitted a Rezoning application in regards to satisfying the Zoning By-law requirement. I RECOMMENDATION , It is recommended that Consent Application B-43/02 be Granted subject to the follow list of conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 2. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 3 as prescribed in the Planning Act. 3. That all Municipal taxes be paid to the Municipality. 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. 5. That the applicant apply to amend the Site Specific Rezoning on the subject properties. 6. That the applicant obtain Site Plan Approval from the Township Council for' the proposed lot. SUbmitte~j7, /?(J cY tf71YcY Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: ~...L~ Andria Leigh, Planner /)r-c b 1-02- Date 9 q) I ~ PAGE # 2 APPLICATION B-41J02 COMMITTEE OF ADJUSTMENT DECISION BElT RESOLVED that: Moved by"Ken Robbins seconded by Joe Charles "That the Committee hereby GRANT Application B-41J02 subject to the following list of conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 2. That three copies of deeds be submitted to the Committee Secretary to be stamped using Fonn3 as prescribed in the Planning Act. 3. That all Municipal taxes be paid to the Municipality. 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. 5. That the applicant apply to amend the Site Specific Rezoning on the subject properties. 6. That the applicant obtain Site Plan Approval from th~ Township Council for the proposed lot. . .. ..Carried" Additional infonnation regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. ~~ .....- ~~~\~ ,#!:::f7.::7 r,:.,.... if ~<jA PART 3B PlAN 5,R-2B722 ament 0' , No.'. '1089 PART 5 PLAN 5'R-2B722 PART' PLAN 51R-'0977 c c 5 5 PART 2 /' PLAN 51R-1097? PARCEt 1-3 SEC110N 51-000-3 ~ r - PARCEL 1-26 SECTION. 51-QR()-3 (I'..'y) aubjtct to toHmlll'lt, os Nt out In tn.t NO.' LT327069 &: U472330 PI 1 PI PI L o T PART 34 PlAN 51R-2B722 . " ~#\'JOII1I!I~ ~~. .- '4'1.6~S1fk:"'1!10118 CfYIW t42.t.9&'IIt_ifJ72J) PARCEL 1-4 SECTION !51-ORo-3 1IUbject to eottem8nt (ftJ ..tout In In.t He>. LTJ27069 IPART 81 4 PART' PLAN 51R-'5088 N 135'{""'1I1~111018.s.I) HtO'J5'OO.W 2f5.04 (PI.. 1U1t_1'" . W) -1) -0 ..0 ............. - \ ~ qq }2.1 TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT I REPORT NO.: COFA 2002.A38102 PREPARED BY: Todd Weatherell DATE: December 3, 2002 APPLICANT: Laurel View Homes APPLICATION NO.: A-38102 ROLL NOMBER: LEGAL DESCRIPTION: Concession 4, Part of North Half Lot 3 (Oro) 'PROPOSAL I The applicant is requesting relief from the minimum requirement rear yard setbackfrom 7.5 metres (24.6 feet) to 632 metres (20.73 feet) to permit a deck. I AGENCY COMMENTS , Building Department: No concerns Roads Department: No concerns DOES THE V ARlANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Horseshoe Valley Low Density Residential in the Township's Official Plan and is subject to Section E2.5A.2 Permitted uses in an Adult Lifestvle Comrmmitv Lands designated Horseshoe Valley Low Density Residential at the southern end of the Horseshoe Valley Resort Node may be developed as a low density adult lifestyle community that meets the special requirements and diverse preferences of retirement age residents. On the date this Plan was adopted by Council, these lands were the site of a 287 lot Draft Approved residential Plan of Subdivision (43T 91007 43T-89054). (Modification #60) Lands in the southwest quarter of Lot 4, Concession 4 may also be the site of an adult lifestyle community that is developed in conjunction with the lands within the Draft Approved Plan of Subdivision to the north (43T 9l00743T-89054) or on its own. Permitted uses within the adult lifestyle community include all forms of low density housing, such as single detached and semi-detached dwellings, a limited amount of medium density housing such as townhouses and multiple dwellings and small scale personal service and convenience commercial uses servicing the day to day needs of residents of the community. Other permitted uses include community centres, sports facilities, open space uses. Institutional uses in the form of nursing home andlor retirement home or such like uses may also be permitted. ~Cj);(z.. Mobile homes are not permitted. The application is for a deck on a single detached dwelling, ' which isa permitted use; therefore the application conforms to the policies of the Official Plan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY -LAW PROVISIONS? The subject property is zoned Residential One Exception l40(Rl *140) in the Township's Zoning By-law 97-95, as amended. The intent of the By-law is to establish setbacks from' neighbouring properties. The proposed variance would not appear to affect any of the surrounding neighbours as a golf COUTse is located at the rear of the property. IS THE VARIANCE DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND? ' Upon site inspection the variance would be desirable, as it would not affect any of the surrounding neighbours. lIS THE VARIANCE MINOR IN NATURE? ~ The proposed variance would not be minor in nature, as it would set a precedent in the adult lifestyle community. This variance may lead to many more applications for a reduced rear yard setback, as this home is a model home for the adult community. I RECOMMENDATION , It is recommended that Minor Variance Application A-38/02 be GRANTED, once Committee is satisfied that this application would not set a precedent within the adult lifestyle community, and subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the apprQpriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 4. That all municipal taxes be paid to the Township of Oro-Medonte. Qq)1.3 ;;;;J& .. Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: SG';I\AC-"-S, ~>1A!\Llr,HC/.) F'..!>- ')vl\l':>'L>I~t.A.I AL.P...UrlJ'1 v"".QuE- P-/t /l.WiAL MUN1<..lPAL'i7. 6Jv!",..,lAJG- ",p tJl\)t,VIN(f S/;,S f)\/!...8:.:i/3N f-'nt, , ,,' A C~N<'1.D(,},-,N(,... Fv,u/ti5 (.,A,It..\Mvr,', ^~~D'\'" ^r~'v6r~, -------f....A;.. ~-12 /)(-c (., taL "-C N:: ~ JV'VV- ''"'''"'' ,>, Andria Leigh, Senior Planner Date , , Cfq ) ~y PAGE # 2 APPLICATION A-38/02 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by, AI Pross seconded by Dave Edwards "That the Committee hereby GRANT Application A-38/02 subject to the following list of conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the appropriate building permit be obtained from the Township's Chief Building Official , only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 4. That all municipal taxes be paid to the Township of Oro-Medonte. .....Carried." Note: The County of Simcoe has a by-law that includes setbacks for structures and buildings from County Roads. Additional information regarding this Application is available for public inspection at the Township of Oro-Medonte Administration Centre, 148 County Road 27 South in Oro Station, Ontario, Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. LEGEND . o sa ssa IS \\1T *"* (16SO) . ( PART 1 ) PLAN OF ALL OF LOTS 1, 2 AND 3 PLAN 51M- GEOGRAPHIC TOWNSHIP OF ORO TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE PART 2. PLAN 51R-2S744 PIN 7#J55:-0f02 ~ 20 10 o 20m ' SCALE = 1: 500 DINO R.S. ASlRl, O.L.5. 2002 ZN 8;~ J~ "l~ ;; i "'" (t55O) ! ~ Z <:: . ~ "l ;; i 098CripllonofLand AlLOFlOTS1,2AND3,Pl.AN51M- , GEOGRAPHIC TOWNSHIP Of ORO TOWNSHIP OF ORo-MEDONTE,cOuNTYOF SIMCOE Reg stered eeuments iii W NONE SURVEYOR'S REAl PROPERTY REPORT (PART 2) REPORT SUMMARY ~ (J) "'<:~ ~1"1 ~ ~!::J ~ '" Si:: ~ I '- Z )> 3:: 1"1 N44'40'45"E JO.OO NORTH HALF LOT J ,... LOT ~ ;; 2 8 N44'40'45~E ~ 30.00 ~ 1.51 ~ i\1 DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES DENOTES fOUND SURVEY MONUMENT PlANTED SURVEY MONUMENT STANDARD IRON BAR SHORT STANDARD IRON BAR IRON BAR WITNESS FENCING DlNO R.S. "5THI, a.LS. N44'40 45 E 30.00 ~ ai t:J1 ~ 11 NONE ',," 3" pUance with MuniCIpal ZOnIngB NotcertlfledbylhlBRepoI't BLOCK 67 Add''''''''' NONE THIS REPORT WAS PREPARED FOR LAURELVIEW HOMES AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHER PARTIES.. AU. FOUND MONUMENTS ARE IRON BARS 18(1650) UNLESS OTHERWISE NOTED. ALL HOUSE TIES ARE TO CONCRETE FOUNDA11ON @COPYRlGHT 2002 SURVEYOR'S CER"IIACA TE BEARING ,NOlE I CERTIFY THAT: 1) THtS SURVEY AND PlAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND iHE REGULA110NS MADE UNDER 2) THE SURVEY WAS COMPlETED ON THE th BEARINGS ARE ASTRONOMIC AND ARE REfERRED TO THE WESTERLY UMIT Of L.OTS 1,2& 3 AS SH()'I,W ON PlAN 51M- AND BEING N45'9'1S"W APRIl 5, 2002 DAlt ~ .Q .........-' t: / NorlhArrow: . , lasJ ~~ ,,0 ~~ \~ Si~~'Fo:~ ~ ~ <" 'i en :::1.--* ~...__v. ~ NO'IE: D.s.. 01...., CIJ1. VERT 10 BE LOCATED BQ.OW Of'tlVUAY, INVERT HEIGHT TO BE O.8m BE1.0W CENlRE UN[ ~ ROAD, \111H ENOWAU.S lREAiED AS PER TOV>ljSHJP sm. OCT AIL 011-011'12 elPlGIJm 0 SlDtMNOOwLOC.\lDf ?HH'fWtfT -SfIAI,(DREC1ItII ~lR~ "MSHEDFlOOREl.tVAD YlAJ!R!D\U II" \IfIO:SUfDOlJICfillA1IDII OOOII\.[SIMt~~sr Flltl.BA5O(IITf1.OO1a.-e 'I SliQ!S1YfESANtOOIEC1Q! tFW TDPU'.~1II)I1ML gt8C\'IDI.I$rI Uf1I. UHIDSIOErrortICATRW DROI'P(DG/laAC[U UFF'UMOSIDEfODtJICATFRtWT ... EmfoRDOOII~P 100 1tAIJ'MKQc woe ,.ILK Q1T BASDOO Notes: Rt:'.~A.M ~~=D~AIi=~;:n -I1-ImI/IOSER\1CE lJ..'lE1W. O1I1tNSlM AREA 1101 kMlTAIC, BUtWlIS 10 REl.OCAtE ~FDItE AT 1tS/HER 0lIl tXPEMSE. I:!I:!~1:1MPt 8 1'!ICfOS_W: 09ll'MllDOW.I.OCA'IIOH. B9.PUIIUl.BOX ,P.IiDlrMSII:('MIfJO'IIS'5UYAADorsrAIrlCtISU:SS'IMAH Ci. BElLPEDESVi. ..,1.2m TO lOTtK. 1iI-"""""""""'$_lIU.lOl$ -$-- ""'" Shed.1i1k SHEET111lE lotito.: IStrtCtH~ LOTNO SlREET R~taWP!al1h.: I"'''' OATf:I;:AlE RPLANNO PrajedHo.: I''"'''' oai''''...., PRJNO fi<_ I"""""" C!I ALENAME CUENTNAME1 CLIEN TNAME2 ProjedNcrnccndl<<Q6an: PRJNAME LOCATION "b) I REPORT DEPT. REPORT TO: Council PREPARED BY: #PR2002-15 Chris Carter SUBJECT & FILE #: DEPARTMENT: COUNCIL: Parks & Recreation Request to waive the j'C.OFW. Rental Fees for the use of the Ball Diamonds and Banquet Hall at the Oro- Medonte Community Arena for the Bell Canada Charity Sno-Pitch Tournament M0T110N #: DATE: DATE: December 18, 2002 Bell Canada has requested the use of the Baseball Diamonds and the Banquet Hall fOT Saturday February 1st, 2003 for the purpose of entertaining a Charity Sno-Pitch Tournament at the Oro-Medonte Arena. Staff received the correspondence by Ms. Margaret Cadeau at the Committee of the Whole on December 11th, 2002 (attachment # 1). The Bell Canada Charity Sno-Pitch tournament held in March of this year, saw the winning team of the Tournament (The "What Up") donate $1,000.00 to the charity of their choice. The "Whats Up" chose the , S.P.C.A. of Barrie to be the Tecipient of the $1,000.00. A fee of$132.00 emanating from last years use of the Ball Diamonds were waived, and the participants did not have access, nor request the use of the Banquet Hall. , Bell Canada is asking Council to waive the rental fee for the use of the Ball Diamonds in the amount of$132.00 and the Banquet Hall in the amonnt of $267.00. Bell Canada has infonned Township staff that they wil1 be expecting around 150 to 170 participants in the tournament. The tournament wil1 attract participant within the community and surrounding municipalities. Ms. Cadeau has been in contacted with the Oro District Lions Club to sen food and beverages as part of their fundraising objectives. It would be my recommendation that Council waive the rental fee of $132.00 for the use of Ban Diamonds and $267.00 for the use in the Banquet Hall in recognition of the Bell Canada charitable work. 'I b) z.., 1. That Council receives and adopts this report. 2. That Council waives the total "Rental Fee" of $399.00. for Bell Canada Charity Sno-Pitch Tournament. 3. That Ms. Margaret Cadeau be advised of Council's decision accordingly. 79;-" Chris Carter, Recreation Co-Ordinator fd~ ~0' ~ ~\o~ \ -' \ , .. ~--J -" Be" 'f b)3 /?7TA',/7"/7/~#j Dee. 5th, 2002 Chris Carrer Oro-Medonte Parks and Recreation Dear Mr. Carter, The Bell Canada Charity Sno-Pitch Tournament, was held March 2, 2002 it was a tremendous success, and it raised $1000.00 for Charity. A local Barrie team, the "Whats Up Team" won the championship, and had chosen the S.P. C.A. Barrie branch as the money recipient. We are looking forward to continue with our Annual Charity Sno-Pitch. We have chosen a date of Saturday February 1st 2003, for next year. We are extremely grateful to the Oro-Medonte Parks and Recreation, who provided the use of the Ball Diamonds and facilities last year, without you this Charity Event would not have taken place. Again, I would like to ask your permission for the use of the Oro-Medonte ball diamonds (Lions #1 & #2) located directly behind the Arena, to accommodate our teams for the Feb. 2003 tournament. We would only require use of the diamonds for the one day, and the use of the Arena's facilities, would definitely be appreciated. This event is only held for one day between the times of 8:00a.m. and 6:00p.m., we have approximately 150- 170 people in this community and area who participate. I have contacted your local Lions Club member, Ron Weir to advise them of the tournament. If, the Ora district Lion's Club decide to sell food and beverages, this too will assist them within their own community in turn to raise money for their functions. Please contact me at your earliest convenience if our event can take place. Thanking you in advance, Sincerely, Margaret Cadeau Bell Canada Associate And , ~ .1::. Vi!nl ul'}!aul::.ei (705) 722-2299 I Memorandum 9 <.) I Re: Mayor and Members of Council Marilyn Pennycook, Clerk December 18, 2002 Changes to Draft Procedural By-law To: From: Date: The following amendments have been made to the Draft Procedural By-law presented to Committee of the Whole on December 11, 2002. These changes have been incorporated in By-Jaw No. 2002-138 (underlined for ease of reference on the copy printed on the Agenda). SECTION DRAFT (as at December 11, 20002) AMENDMENTS 3.3 that he/she is not a member of to which he/she has not been appointed 5.0 the Mayor/Chairperson, or delete 10.1 (a) two or more delete 10.1 (c) add 13.1 sub (2) delete 13.1 sub (2) add cause to be read Silent /Reflection 13.1 sub (18) Adjournment 13.1 sub (19) add 15.0 (a) their 15.0 (c) ten (10) Questions & Announcements Adjoumment its five (5) P'?fu'W, J) . ~ M rilyn nny~ IOc,)' ~' .,'" ~ ~~ * ~~ ~~ ,.' >;.'1 ~~~ ~ :T ~ TOWNSHIP OF SEVERN THE CORPORATION OF THE TOWNSHIP OF SEVERN P.O. Box 159, Orillia, Ontario, L3V 6J3 December 6, 2002 Township of Oro-Medonte P.O. Box 100 ORO, Ontario LOL 2XO ATTENTION: Marilyn Pennycook Clerk Dear Ms. Pennycook: RE: Educational Development Charges Appeal Council adopted the following resolution at a meeting held December 5, 2002: " THAT the Township of Severn officially withdraw from the appeal of the northern municipalities with respect to the Simcoe County District School Board and Simcoe Muskoka Catholic District School Board Educational Development Charges; AND FURTHER THAT the participating municipalities be advised of Council's decision with respect to this matter. CARRIED " Yours truly, JkUff}?~ Sharon Goerke Deputy Clerk /mph Municipal Office: 1024 Hurlwood Lane Telephone: (70S) 325-2315 Fax: (70S) 327-5818 lOb), Oro-Medonte Chamber of Commerce 148 Line 7 South, Box 100 Ora, ON LOL 2XO Phone 705-487-7337 Fax 705-487-0133 December 12, 2002 Mayor and Council Township of Oro-Medonte 148 Line 7 South Oro, ON LOL 2XO Reference: Oro-Medonte Community Arena Banquet Hall Dear Mayor and Council: The Oro-Medonte Chamber of Commerce will be hosting its fourth Annual Awards Banquet on February 27, 2003 and have tentatively booked (pending approval by Council) the banquet hall at the arena. This is the Chamber's main fundraiser ofthe year and in order to keep costs down, we request that Council waive the hall rental fee. Thank you for your consideration and I look forward to hearing from you at your earliest convenience. Sincerely ~~(vv Judy Kern Managing Director cc: Chris Carter Bruce Chappell ~I:.L-l'I-2002, ~ ~: ~~ ORO MEDONTE TWP IIU,",1L/\lf\IH, I\\JUU r \' C Hf 1 7135 d87 8133 TEL: 11056456074 P,02/v.J2 p, 001 /Oc)-/ 220 Chryaler Drlvl, Tel; (905) 79j!-1331 Brl1mplDM. Onl4lrlo For. [90S) 792.00~ Le5 BBe rDU Free (800) 283.U1 92 \ ? I ~ C) ~ . :q;: "~' ! .f: 1....J-j...,J,..;..,,' . :'j!'[ j. i ,! I: i - j -, ! i" .1' 1"-,--<: , ..~.1p-.~ ~ .. 'IQ-~~~&i,rt....._ ...-.....:..._- '''r ..~1-..-....". ""'1'''''' -, ...,. I'.. , I I I j , I I I . , . , ,". I j I ' , I I I:., I I! ! -'" I , I"'~ j I I I :.~'ri"~"-:"..~~~.i+'~{~~~,..;' "'H':-'t'~ ~J~'~l+-f "~I"~, "l'i . ~..~& ., .. ..,,_. +.r,..t"-rj"L...j"'" '''~''-'I.-...t''''l : , : ! : : : I : ; I ,I I" t' :titJ' I ,!",.:~~"jJ~..i' ! : ;2-f~ ~ I i,i....I..i'i I I ! 'I . j , ' I ' , ' I I: I I, I I ! I -T' -1'- -'f--I!"-I~'--:-":'---'--.u .... .._;-( : i I ; I I I : ! : i i; I I . 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'_'.'__' '..__,'__,,',_.__.__, l tl...~~_ ..=_~..__~0y0~. .-='.=~=:.' l' rI - ._- ...---.. --1-J(-'. .~ --- _-=-= 1 ~._:~ -:-: _: -. ..: . ~--~"'- '-'-"'-... ,. -- .--.- .---. -'-'--. -....--.-.. --"- - '~-' ._- "'- w. -___... -~_. --"~- .-- _....~-._-" ,.,,.,. ,... ,,.,,.,,, \~" I> 1 ''''''17 lEG. -02' 021MONi 0918 ,I WESTBURNE TEL: 7056456074 p, 00] sO:i.. 'West:burne ...., ~ Ru.ddy Elect:ric '\ IOe )~.J DATE: \ lJ - g. '(J 1. <.. .... , FAX MESSAGE FROM THE DESK OF DENNIS BARKLEY ELECTRICAL - BRACERRJDGE ~ 'Ttt!)" 11 \V\ J. ,l.. ~ I ATTENTION.' e c:. No, of pages including this cover page:_" Reply ASAP . FDr YQrmalion MESSAOE.W.f>>\.iY\I\.A/Y\...O \ ON :u\ ~ ",L --...! Orr' ,Pnn~~' ~~:r~~L~~ ~ i .~~c_aoJ- , J' , ,-t\.'j --\~-\ ~~ .----. ffyou have any questions about this message, please do nOl hesitate to contact the sender. (705) 645 8288 J 877 645 828& Fax: (705) 645 6074 , /'- A DivisIon of Westburne IndustrIll1 Enterprises Ltd. 5600 Keaton Crescent, Mississauga. Ontario, Canada L5R 3G3 TBJ: (905) 712-~004 Fax: (905) 568-3519 : /yk)-/ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-140 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEOONTE AND THE SIMCOE COUNTY DISTRICT HEALTH UNIT WHEREAS the Municipal Act, R.S,O. 1990, Section 213, Chap. M.45, as amended authorizes a municipality to pass a by-law regulating the smoking of tobacco and the carrying of lighted tobacco products In public places within the municipality and to designate public places; AND WHEREAS the Municipal Act, R.S.O. 1990, Section 213, Chap. MAS, as amended, authorizes a municipality to appoint Inspectors for the purpose of enforcing such by- law; AND WHEREAS the Council of the Township of Oro-Medonte deems It necessary and desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement with the Simcoe County District Health Unit for the Enforcement of Its By-law to Restrict Smoking in Public Places ("Pulblc Places" By-law); NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between the Corporation of the Township of Oro-Medonte and the Simcoe County District Health Unit, said agreement attached hereto as Schedule 'A' and forming part of this by-law. 2. THAT this by-law come Into full force and effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 18TH DAY OF DECEMBER, 2002. BY-LAW READ A THIRD AND FINAL TIME THIS DAY OF ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook . " SCHEDULE 'A' TO BY-LAW NO. 2002-140 \ /YIcJ'J " This Agreement made this day of ,2002. AGREEMENT FOR THE PROVISION OF ENFORCEMENT AND PROSECUTION SERVICES BET WEE N: THE SIMCOE COUNTY DISTRICT HEALTH UNIT (the "Health Unit") AND THE TOWNSHIP OF ORO-MEDONTE ("Oro-Medonte") (collectively referred to as the "Parties") WHEREAS the Health Unit employs persons designated as Tobacco Enforcement Officers who have expertise in the investigation of tobacco and smoking related offences set out in the Tobacco Control Act, 5.0. 1994, c. 10 and municipal bylaws, the laying of charges pursuant to the Tobacco Control Act and municipal bylaws and the preparation for and attendance at Court for the prosecution of such charges laid; AND WHEREAS the Health Unit has retained a law firm to provide professional services in connection with the prosecution of such charges as are laid by Tobacco Enforcement Officers employed by the Health Unit; AND WHEREAS Oro-Medonte passed on November 6, 2002 bylaw number 2002-115 Being a By-law Respecting Smoking in Public Places in the Township of Oro-Medonte which is effective January 1, 2003, (the "Public Places By-law") to regulate smoking in public places. AND WHEREAS Oro-Medonte passed on December 18, 2002 bylaw number 2002-141 Being a By-law to Appoint By-law Inspectors (Tobacco) to designate inspectors as defined in its no smoking bylaws to include the Medical Officer of Health or any employee of the Simcoe County District Health Unit acting under the direction of the Medical Officer of Health and has stipulated certain Tobacco Enforcement Officers employed by the Health Unit to be acting under the direction of the Medical Officer of Health for the purposes of enforcing its Public Places By-law. 1. , 2 /u I)"~ Ik ,,~ AND WHEREAS Oro-Medonte wishes to use the services of the Health Unit's Tobacco Enforcement Officers to investigate, lay charges and prosecute smoking related charges pursuant to its Public Places By-law and the Health Unit wishes to assist Oro-Medonte with the enforcement of its Public Places By-law by providing to Oro-Medonte the services of its Tobacco Enforcement Officers for the investigation and laying of charges and the services of its solicitors to prosecute such charges; AND WHEREAS the Health Unit and Oro-Medonte wish to enter into an agreement to set out the terms upon which such services will be provided; NOW THEREFORE in consideration of the promises and covenants herein, the Parties agree as follows: 1. The Parties warrant that the recitals are true. 2. The Parties to this Agreement warrant that each person who signs this Agreement on its behalf is authorized to represent that party and to bind it for all purposes of this Agreement. 3. The Health Unit shall provide Oro-Medonte with the services of its Tobacco Enforcement Officers for the investigation of smoking related offences and the laying of appropriate charges pursuant to Oro-Medonte Public Places By-law 2002-115, and Oro-Medonte shall appoint the Tobacco Enforcement Officers of the Health Unit for the purpose of investigating offences and the laying of charges relating to smoking offences under its Public Places By-law. 4. The Parties agree that Oro-Medonte shall not be charged directly for the services of the Health Unit's Tobacco Enforcement Officers nor for the services of the Health Unit's solicitors for prosecution of charges initiated by the Health Unit's Tobacco Enforcement Officers. Rather, the cost for the provision of these services relating to investigation, laying of charges and prosecution of these smoking related offences shall be borne by the Health Unit. The Parties acknowledge that the Health Unit will not provide legal services to Oro-Medonte for the defence of any legal challenges to the charges laid by Oro-Medonte bylaw enforcement officers. The Board of Health has approved provision of legal support for any legal challenge to the validity of Oro-Medonte Public Places By- law. 5. This Agreement shall be effective from the date that it is entered into by all of the Parties. 6. Each of the Parties may terminate this Agreement by providing gO days written notice of termination to each other. In the event of termination of this A9reement by either party, the Health Unit agrees that it shall continue to provide investigation and prosecution services to Oro-Medonte for any smoking related charges laid during the 90 day notice period and shall continue to provide prosecution services for those charges in the event that the applicable court dates for those charges are outside of the 90 day notice period. The Parties acknowledge that upon the expiry of the 90 day notice period, the Health Unit 3 Iv kJ~~ . . shall cease to provide services to Oro-Medonte in connection with investigation and laying of charges for smoking related offences. 7. The Parties agree that the terms of this Agreement shall be reviewed in September, 2004 to determine whether there exists a sufficient level of public compliance with Oro-Medonte Public Places By-law such that Oro-Medonte no longer requires the on-going services of the Health Unit's Tobacco Enforcement Officers and its solicitors. Should the Parties determine that the services are no longer required, they may terminate this Agreement in accordance with the provisions specified in paragraph 6 above. 8. This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 9. Neither Party shall assign this Agreement or any portion thereof without the prior written consent of the others. 10. Any notice required pursuant to this Agreement shall be in writing and delivered personally, by facsimile transmissions ("fax") or sent by registered mail to the following addresses: To the Health Unit at: Simcoe County District Health Unit 15 Sperling Drive Barrie, Ontario L4M 6K9 (705) 721-1495 (fax) Attention: Joyce Fox To The Township of Oro-Medonte at: Oro-Medonte Administration Office, Box 100 Ora, Ontario LOL 2XO (705) 487-0133 (fax) Attention: Clerk Or to such other addresses either of the Parties may indicate in writing to the other. Any notice given in accordance with this shall be deemed to have been received: (i) Upon delivery, if delivered personally (ii) At the time of transmission if sent by fax during regular business hours, or on the next business day, if sent outside of regular business hours; or (iii) Five (5) days after posting, if sent by regular mail. 11. Except as otherwise stated herein, this Agreement constitutes the entire agreement of the Parties, with respect to the provision of services of the Health 4 /</k)/s . . Unit's Tobacco Enforcement Officers and its solicitors by the Health Unit to Ora- Medonte and supercedes any previous agreement whether written or verbal. Should any provision or any part of any provision of this Agreement be declared null, void or inoperative, the remainder of the Agreement shall remain in full force and effect and shall be interpreted as a complete entity. SIMCOE COUNTY DISTRICT HEALTH UNIT Title: Medical Officer of Health Name: Dr. George Pasut Date: ,2002 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Date: day of ,2002 Title: Clerk Date: day of ,2002 Title: Mayor CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-141 Being a By-Law to Appoint By-Law Inspectors ("Public Places By-law") WHEREAS the Municipal Act, R.S.O. 1990, Section 213, Chap. MAS, as amended authorizes a municipality tD pass a by-law regulating the smoking of tobacco and the carrying of lighted tobacco products In public places within the municipality and to designate public places; AND WHEREAS Council of the Township of Ora-Medonte did enact By-law No. 2002-115, being a By-law Respecting Smoking in Public Places in the Township of Ora-Medonte on November 6, 2002: AND WHEREAS the Municipal Act, R.S.O. 1990, Section 213, Chap. MA5, as amended, authorizes a municipality to appoint inspectors for the purpose of enforcing such by-law; AND WHEREAS the Council of the Corporation of the Township ofOro-Medonte deems it expedient to do so: NOW THEREFORE, Council of The Corporation of Oro-Medonte enacts as follows: 1. That the Simcoe County District Health Unit, as contracted by the Township of Ora-Medonte, be appointed as Inspectors solely in the enforcement of the Township of Oro-Medonte "Public Places" By-law No. 2002-115. 2. That the duties and responsibilities shall be performed and carried out as provided for within By-law No. 2002-115. 3. That this By-law shall come into force and take effect on the passing thereof. By-law read a first and second time this 18'" day of December, 2002. By-law read a third time and finally passed this day of 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook . lif L) , IYm),; THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-143 Being a By-law to authorize the entering into of an agreement with the Ontario Federation of Snowmobile Clubs. WHEREAS Section 207. Subsection 58 of the Municipal Act. R.S.O. 1990, c.M.45. as amended, provides that municipalities may enter into agreements for the operation and management of recreational areas. AND WHEREAS Council deems it necessary to enter into an agreement for the provision of recreational activities with the Ontario Federation of Snowmobile Clubs: NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the agreement attached hereto and forming part of this by-law as Schedule. P: be approved. 2. That the Mayor and Clerk are hereby authorized to executive the said agreement on behalf of The Corporation and affIX thereto the Corporate Seal. 3.' That this By-law shall come into full force and effect on its final passing thereof. By-law read a first and second time this 18th day of December. 2002. By-law read a third time and finally passed this day of 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk. Marilyn Pennycook SCHEDUL~ '1\' TV .t:)I,-.l..J.M.Y'l l."u. "'VV~-I-';~ D! ONTARIO FEDERATION OF SNOWMOBILE CLuBs 106 Saunders Road, Unit 12, Barrie, Ontario L4N9A8 Tel: 705-739-7669 Fax: 705-739-5005 OFSC SNOWMOBILE TRAIL LAND USE PERMISSION MEMORANDUM OF UNDERSTANDING (PLEASE PRESS HARD AND PRINT OR TYPE) \, , /</ rn) ~d-- On this 1 Rth day of DeCAmhAr lot# The Section of CN Trail . year 2 0 0 2 I, the undersigned, owner/occupier of the premises that is . concession # From Woodland Drive to Bridge Thunder , <::!'':": .. or other in the Township of ORO-MEDONTE County/District/Region of do hereby give the undersigned named local snowmobile club, as a memher in good standing of the Ontario Federation of Snowmobile Clubs, hereinafter referred to as the OFSC, permission to legally enter, establish, groom, maintain, sign and use that portion of the premises herein designated by me for the exclusive purpose of allowing individual trail permit members of the OFSC to use said designated premises for snowmobiling under the following terms and conditions: I. The local snowmobile club shall at all times remain a member in good standing of the OFSC and be able to verifY this to the owner/occupier with a current OFSC membership card or this agreement shall be immediately null and void. 2. By remaining a member in good standing of the OFSC, the local snowmobile club shall be party to the OFSC's third party liability insurance. This coverage is confirmed to the undersigned owner/occupier by signing this memorand~ of understanding on the condition no fee has been charged by the owner/occupier for the use of designated premises. The insurance shall have adequate limits 10 cover land uses specified herein by the local snowmobile club and OFSC individual trail permit members on the designated premises, save and except the negligence of the owner/occupier. 3. The designated premises shall be sketched on a separate sheet of paper or shown on an attached map and a copy of eachlboth shall be initialed by both parties hereto and attached to each copy of this agreement. 4. It is understood that the local snowmobile club, with the owner/occupier's verbal consent on each occasion, shall have access to the designated premises prior to and after the winter months for the purpose of opening and closing, upgrading and maintaining the trail when there is no snow cover. 5. The local snowmobile club shall maintain that portion of the designated premises to be used by individual snowmobile trail permit members in reasonably good condition for snowmobiling purposes only; and undertake to post appropriate signage; remove on an annual basis any litter caused by individual trail permit members; and repair or replace property damaged by individual trail permit members on that portion of the designated property used for snowmobiling. 6. Each party hereto shall give the other sixty (60) days prior written notice to the address below of any changes to, or cancellation of this agreement. 7. The local Snowmobile Club, its wardens and executive are hereby authorized to be the undersigned owner/occupier's agent(s) to supervise and enforce the uses defined hereunder with respect to the designated premises in accordance with the Trespass to Property Act R.S.O. 1990, C.T. 21; the Motorized Snow Vehicles Act R.S.O. 1990, C.M.44; and the Occupiers Liability Act R.S.O. 1990, C.O.I. NAME ADDRESS PHONE SIGNATURE LANDOWNER/OCCUPIER Township Of Oro-Medonte Box 100 Ora NAME LOCAL SNOWMOBILE CLUB ADDRESS LOCAL SNOWMOBILE CLUB CONTACT PERSON NAME & PHONE: i:) White copy - owner/occupier yellow copy - club pink copy -OFSC office Fonn date: 07/2000 " I LJ. q ) I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-123 Being a By-law to Establish Procedures for Notice Provision WHEREAS the Municipal Act, S.O. 2001, c. 25, Section 251, provides that where a municipality is required to give notice under a provision of this Act, the municipality shall, excepl as otherwise provided, give the notice in a form, and in the manner and at the times thallhe Council considers adequate to give reasonable notice under the provision; AND WHEREAS the Interpretation Act, R.S.O. 1990, c.1.11, s. 5 allows a by-law to be passed under power of the Act , such by-law not to come into operation until the Act becomes effective (January 1, 2003); AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary to establish minimum notice provisions; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the attached Schedule 'A' shall form part of this by-law. 2. That no notice shall be required under this by-law where the provision of such notice will interfere with the ability of Council to conduct business with respect to a matter permitted in closed session under Section 239 of the Act. 3. That no provision of this by-law shall prevent the use of a more comprehensive method of notice or provision of an extended notice period. 4. That, notwithstanding the notice requirements set out in Schedule 'N, and where the giving of notice is not required by legislation, Council may reduce, amend, or waive such notice requirements by motion of Council. 5. If a matter arises which, in the opinion of the Chief Administrative Officer, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the Township of Oro-Medonte, the notice requirements of this by-law may be waived and the Clerk shall make his/her best effort to provide as much notice as is reasonable under the circumstances. 6. That this By-law shall come into force and take effect on January 1, 2003. By-Law read a first and second time this 18" day of December, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook I\.} b) I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-130 Being a By-law to Amend By-law No. 2001-008, a By-law to Appoint Representatives to Various Committees and to Repeal By-law No. 2002-003 WHEREAS By-law No. 2001-008 was enacted by The Corporation of The Township of Oro-Medonte on January 17. 2001 respecting the appointment of representatives to various committees under Section 207, subsection 45 of the Municipal Act, R.S.O. 1990, Chapter MAS, as amended; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it appropriate to amend By-law No. 2001-008; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That Section 7 of By-law No. 2001-008 shall be deleted in its entirety and replaced with the following: "7. That Councillor Paul Marshall and Councillor Harry Hughes shall be appointed to the Oro-Medonte SUe Plan Control Committee for a term of one year: 2. That By-law No. 2002-003 be repealed in its entirety. 3. That this by-law shall come into force and effect on the final passing thereof. Read a first and second time this 18'" day of December, 2002. Read a third time and finally passed this day of 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, Ian Beard Clerk, Marilyn Pennycook .; 14 b) i2.. SCHEDULE 'A' TO BY-LAW NO. 2002-123 Being e By-law to Establish Procedures for Notice Provision under The Municipal Act, 2001 Unless otherwise prescribed by any Act, or otherwise defined herein, the following shall be deemed minimum notice provision: "otlce Req" . . Puhli" "ntlna Public Notice public meeting of Council or publication once in a newspaper of general c Personal Notice written notice of Council's intent to act, n"li"",",n . - L , h"nn Written Notice written notice delivered by registered Im"iI Reasonable Notice notice given a minimum of one week in advance of final decision or action Notice as defined under public notice or , n"r~n<"''''' M'il''' ." . Amendment to Budget inclusion on a Council/Committee Agenda with the notation "Amendment I 'n I t.f c.) I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-132 Being a By-law to Impose a Water Works Rate upon owners of land deriving a benefit from the private Moonstone Water Works System. WHEREAS Section 391 of the Municipal Act 2001, c.25 as amended, authorizes the Council of a local municipality to Impose fees or charges for capital costs payable for water services. AND WHEREAS the Township has constructed and operates a municipal water works' system known as the Robincrest Water Works System; AND WHEREAS in order to recoup the costs associated with the connection of the private Moonstone Water Works System to the Roblncrest Water Works System, the Council deems it to be necessary, for municipal purposes, to impose a Water Works Rate upon those lands that derive a benefit from the connection to the Robincrest Water Works System, NOW THEREFORE the Council of the Corporation of the Township of Orc-Medonte enacts as follows: 1. Definitions .;. "Cost of the Works" shall mean the estimated capital cost of the Works and related financing, as described ,In Schedule "B" attached to this By-law. .;. "T ownship- shall mean the Corporation of the Township of Orc-Medonte. .;. "Treasurer" shall mean the Treasurer of the Township of Oro-Medonte. .;. "Water Works Rate" shall mean the rate established by Section 2.1 hereof. .:. "Works" shall mean the upgrades to the private Moonstone System. 2. General Provisions 2.1 A Water Works Rate in the amount of $1,000.00 per lot is hereby imposed upon the owners or occupants of those lands, more particularly described in Schedule "A" attached to this By-law, as a charge for capital costs of the Works. 2.2 The Water Works Rate shall be In addition to the water consumption rates established by Township By-law No. 2001-58. 2.3 The Water Works Rate shall be payable, in full, within ninety (90) days of passing ofthis By-law, or quarterly over a period of five (5) years from the date of passing of this By-law, with interest calculated in accordance with Section 2.4 hereof. 2.4 The rate of Interest to be applied to payments made pursuant to Section 2.3 hereof shall be four and one half per cent (4.5%) per annum, being the rate, certified in writing by the Treasurer, that the Township would have expected to pay to finance the sUbject landowners' share of the cost of the Work. 1'-1 c.)~ 3. Extension of the Works 3.1 Any owner of lands not described In Schedule "A", but situated within the TownshIp, who wishes to have the Works extended so as to service those addlllonal lands shall first apply to Council for approval and Council, in its sole discretion, shall have the right to determine whether or not the Works shall be extended. 4. CollectIon of the Water Works Rate 4.1 The Treasurer is hereby appointed and authorized to have charge of and the power and responsibility for billing and collecting the Water Works Rate imposed under this By-law. 4.2 Failure to pay a Quarterly installment shall be deemed a default in payment of the entire outstanding balance and the provisions of Section 221 (27) of the Municipal Act apply thereto. 5. Effective Date 5.1 That this by-law shall come into force and effect January' 1, 2003. By-law read a first and second time this day of ,2002. By-law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHiP OF ORO-MEDONTE Mayor, J. Neii Craig Clerk, Marilyn Pennycook If./. c. ) 3 SCHEDULE "Au to BY-LAW NO. 2002-132 MOONSTONE WATER SYSTEM CORPORATION EXISTING USERS Munlcloal Address Roll # 217 Moonstone Rd. E 020-5-07901 5515 8~ Concession 020-5-11200 220 Moonstone Rd. E 020-5"()7101 239 Moonstone Rd. E 020-5-08200 236 Moonstone Rd. E 020-5-06800 250 Moonstone Rd. E 020-5-12400 280 Moonstone Rd. E 020-5-12001 264 Moonstone Rd. E , 020-5-12100 214 Moonstone Rd. E , 020-5-07102 5626 8~ Concession 020-5-06700 272 Moonstone Rd. E 020-5-12000 55188 Concession 020-5-08300 " 232 Moonstone Rd. E ' 020-5-06900 198 Moonstone Rd. E 020-5-07200 ' 206 Moonstone Rd. E ' , 020-5-01400 257 Moonstone Rd. E 020-5-11500 ,', 90 Moonstone Rd. E 020-5-04600 184 Moonstone Rd. E 020-5..()7201 190 Moonstone Rd. E 020-5-07200 316 Moonstone Rd. E 020-5-11800 , 256 Moonstone Rd. E 020-5-12200 , 246 Moonstone Rd. E 020-5-12500 372 Moonstone Rd. E , 020-5-11600 , 5565 8~ Concession 020-5-12600 5611 8" Concession 020-5-12700 /4C.)'i SCHEDULE "B" to BY-LAW NO 2002-132 "COST OF THE WORKS" Connection to existing Robincrest water system $ 4,000 Installation of blow offs & disconnection of $ 7,500 existing well , Installation of water meters , $ 8,750 Legal $ 1,750 Contract supervision/as built drawings $ 3,000 , , TOTAL $25,000 ' l'tel)f THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-133 Being a By-law to Authorize the Issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase 11- 51M-447 (Horseshoe/Salvi! (Oro) Limited) WHEREAS Council for The Corporation of the Township of Oro entered intD a Subdivision Agreement, pursuant to Section 51(26) of The Planning Act, 1990, as amended, for Horseshoe Highlands, Phase II - 51M-447, (Horseshoe/Salvi! (Ora) Umlted); AND WHEREAS Bill 51, an Act respecting the Restructuring of the County of Simcoe was passed December 14,1993 and amalgamated that portion of land upon which Horseshoe Highlands Subdivision - Phase II (Horseshoe/Salvi! (Oro) Limited) is situate; AND WHEREAS the requirements of this Subdivision Agreement have now been met; NOW THEREFORE The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase II - 51M-447 (Horseshoe/Salvi! (Ora) Limited) may now be issued by the Township Engineer in compliance with the Subdivision Agreement between The Corporation of the Township of Oro and Horseshoe/Salvi! (Oro) Limited; 2. That this By-Law shall come into force and take effect on the final date of passing thereof. READ A FIRST AND SECOND TIME THIS lS'" DAY OF DECEMBER, 2002. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook 1"1 e.) I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-134 Being a By-law to Authorize the Issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase JIB - 51M-553 (Salvil Investments) WHEREAS Council for The Corporation of the Township Df Oro-Medonte entered Into a Subdivision Agreement, pursuant to Section 51(26) of The Planning Act, 1990, as amended, for Horseshoe Highlands, Phase 11B - 51M-553, (Salvil Investments); AND WHEREAS Bill 51, an Act respecting the Restructuring of the County of Simcoe was passed December 14, 1993 and amalgamated that portion of land upon which Horseshoe Highlands SubdivisJDn - Phase IIB (Salvil Investments) is situate; AND WHEREAS the requirements of this Subdivision Agreement have now been met; NOW THEREFORE The Corporation of the Township Df Oro-Medonte hereby enacts as foilows: 1. That the Certificate of Maintenance and Final Acceptance (Aboveground Works) for Horseshoe Highlands Subdivision, Phase IIB - 51M-553 (Salvil Investments) may now be issued by the Township Engineer In compliance with the SubdlvislDn Agreement between The Corporation of the Township of Oro-Medonte and Salvil Investments; 2. That this By-law shail come into force and take effect on the final date of passing thereof. READ A FIRST AND SECOND TIME THIS 18th DAY OF DECEMBER, 2002. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook I~ f) I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-135 Being a By-law to Authorize the Issuance of a Certificate of Maintenance and Final Acceptance (Aboveground Works) for Hastings (White Bros.) Subdivision - 51M-593 WHEREAS Council for The Corporation of the Township of Oro-Medonte and 771422 Ontario Ine. entered into a Subdivision Agreement, pursuant to Section 51(26) of The Planning Act, 1990, as amended, for Hastings (White Bros.) Subdivision - 51M-593; AND WHEREAS Bill 51, an Act respecting the Restructuring of the County of Simcoe was passed December 14, 1993 and amalgamated that portion of land upon which Hastings (White Bros.) Subdivision - 51M-593 is situate; AND WHEREAS the requirements of this Subdivision Agreement have now been met; NOW THEREFORE The Corporation of the Township of Oro-Medonte hereby enacts as follows: I. That the Certificate of Maintenance and Final Acceptance (Aboveground WDrks) for Hastings (White Bros.) Subdivision - 51M-593 may now be issued by the Township Engineer in compliance with the Subdivision Agreement between The Corporation of the Township of Oro-Medonte and 771422 Ontario Inc.; 2. That this By-Law shall come into force and take effect on the final date of passing thereof. READ A FIRST AND SECOND TIME THIS 18th DAY OF DECEMBER, 2002. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Cler~ Marilyn Pennycook l't~ ) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-136 A By-law of The Corporation of the Township of Oro-Medonte to amend By-law No. 99-4, a By-law provide for the imposition of fees. WHEREAS Section 220.1 of the Municipal Act, R.S.O. 1990, Chapter MAS as amended, permits a municipality to pass by-laws for imposing fees for: . services or activities provided, or done by, or on behalf of It; . costs payable by It for services or activities provided or done by Dr Dn behalf of any other muniCipality or local board; . the use Df its property including property under its control. AND WHEREAS Council of the Township of Oro-Medonte did pass By-law No. 99-4, a By-law to provide for the imposition of fees Dn January 6, 1999; AND WHEREAS the Council of the Township of Oro-Medonte deems It appropriate to amend By-law No. 99-4; NOW THEREFORE the Council of The Corporation Df the Township of Oro-Medonte enacts the following: 1. That Schedule "I" to By-law No. 99-4 shall be amended with the addition of the following: Fire and Emergency Services Master Plan - Background Material 2. That this By-law shall take effect and come into force on the day of its final passing. $20.00 Read a first and second time this 18th day of December, 2002. Read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO~MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook l'-i h ) I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-137 (Formerly SIIIITS14) Being e Sy-Iew to euthorlze the execution of a Tax arreara extension ag_ment WHEREAS The Corporetion of the Township of Ore-Medonte has registered on the 27th day 01 December 2001 a tax arrears certmcate against the land described in Schedule "N ,attached hereto and lorming part 01 this By-Law. AND WHEREAS Section 8 01 the Municipal Tax Sales Act R.S.O., 1990, Chapter M.60 as amended provides that amunlcipality may by By-law authorize an agreement with the oV(ner of such land to extend the period of lime, which the cancenation price payable on the land is to be paid. NOW THEREFORE the .council of the Corporation of tha Township 01 Ore-Madonte hereby enacts as lonowa: " , 1. THAT an agreement be entered into by the Corporation with Elmvale Realty limited the owner 'of the land described in Schedule "N to eXtend the time period I,n which the cancellation price payabla on this land is to be ,paid beyond December 27"', 2~. ' 2. THAT the agreement be substantlany the same form and contain the same terms and conditions as set out in Schedule "B" attached hereto and lorming part 01 this by-law. ' 3. THAT the Mayor and .cIeri< be authorized to enter into the agreement on behalf of the Corporation. ' ' THAT this By-law shan have effect immediately upon linal passing. , THE CORPORATION OF THE TOWNSHIP OF ORo-MEDONTE BY-LAW READ A FIRST AND SECOND TIME THIS IBDAYOF DECEMBER . 2002- BY.LAW READ A THIRD AND FINAL TIME THIS IBDAY OF, DECEMBER .2002. Mayor, J. Neil Craig Clerk, Marilyn Pennycook . . THE CORPORATION OF THE TOWNSHIP OF ORQ-MEDONTE, Description of the land: Roll # 4346 920-002-14201 SCHEDULE "A" BY-LAWNO~ 2002-137 CON7W PTLOT 10 51R18486 PART 1 P-i f) ) z..:. ,\ 14 h )3 THE CORPORATION OF THE TOWNSHIP OF OR().MEDONTE SCHEDULE "S" , BY-LAW NO. 2002-131 THIS AGREEMENT made In triplicate the BETWEEN day of December, 2002. THE CORPORATION OF THE TOWNSHIP OF OR().MEDONTE Harelnafter called the "Corporation" Hereinafter called the -owner" WHEREAS the Owner is, the owner of tha land In the Township' of Ora-Madonle described In Schedule "A" attached hereto and fonning part of this agr6el7l\lnt . " , . AND WHEREAS the Owne(s land is in arrears of taxes on th,e,5th day of Dec6mber, ' 20~ In the amount of $6,234.75 and a tax arraars certn/cate was registered 10 the Registry Offlca on the 27~ day ~f December, 2001 in respect of the Owner's tand. , .. " , ,AND WHEREAS under Section 8 of the Municipal Tax Sales Act, R.S.O. 1990, Chapter M.80 as amended a municipality may by By-law, authorize an extension agreement be entered into by the Corporation with an Owner to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: ' , . " 1. The Owner agrees to pay to the Corporation the sum 01 $200.00 (two hundred) , dollars monthly, payable on the 31st day of each and every month commencing on the 31st day of JanuB!)l, 2D03, to and including the 31st day of January, 2007. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay all taxes levied on the land as they become due during the tenor 01 this Agreement Notwithstanding any of the provisions of this Agreement the Municipal Act, A.s.a. 1990, Chapter MAS, as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the collector of taxes of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce colleCtions of such tax payments, except as set au! in Clauses 1 and 2, during the time the Agreement is In force so long as the Owner is not in default hereundar. In the event the Owner defauits in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated end the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event of a default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of tennination Is , sent to the Owner. Immediately upon the Owner making all the payments required under paragraphs 1 and 2, this Agreement shall be tenninated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect of the said land. Notwithstanding the provisions 'of paragraphs 1 and 2, the Owner and any other person may at any time pay the balance of the cancellation price and upon receipt of the aforesaid payment by the Corporation, this Agreement shall tenninate and the Treasurer shall forthwith register a tax arrears cancellation certifICate. This Agreement shall extend to and be binding upon and ensure to the benefit of the Parties and to their respective heirs, SucceSSOlS and assigns. 2. 3. 4. 5. 6. 7. .. " IY h ) ~ fI!It.i Schedule "Q" By.Law No, , 8. II any paragraph or part of paragrapha In thla Agreemant be Illegal or unenforceable, It or they aheft be considered separate and severable 'rom the Agreement and the remelnlng provisions of the Agreement shall remain In force and effect end shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had neyer been Included. 9. Any notice required to be given to the Owner heraunder shall be sufflcientfy given If, sent by registered post to the Owner at the following addreS$: ' . .. . In WITNESS WHEREOF the ov;r;er has hereunto set his hand and seid and the' ' Corporalion has caused its Corporate Seal to be hereunto affixed, attested,by its prOper' Officers. " , SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF ' Mayor,J. Neil Craig WitnesS Witness Clerk. Marilyn Pennycook J!.Ii) I The Corporation of the Township of Oro-Medonte By-law Number 2002-138 Being a By-law to Govern the Proceedings of Council and Committees of Council In the Township of Oro-Medonte and to Repeal By-law No. 95-44 WHEREAS the Township of Oro-Medonte By-law No. 95-44, being a by-law to govern the proceedings of the Council was passed under the authority of The Municipal Act, R.5.0. 1990, Chapter MA5, Section 55; WHEREAS the Municipal Act, S.O. 2001, c. 25, SectiDn 238(2), provides that a municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Interpretation Act, R.5.0. 1990, c. 1.11, s. 5 allows a by-law to be passed under power of the Act , such by-law not to come into operation until the Act becomes effective (January 1, 2003); AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to repeal By-law No. 95-44 in accordance with The Municipal Act so that It may reflect the current practices, procedures and statutory requirements of Council and Committees of Coundl; AND WHEREAS under the authority of Section 55, Subsection (2), and Section 102 of The Munidpal Act, R.5.0. 1990, Chapter MA5, as amended, states that every Council and local board shall adopt a procedure by-law for governing the calling, place and proceedings of meetings, and that every Council may pass by-laws and make such regulations for governing the conduct of its Members as may be deemed expedient and are not contrary to law; NOW THEREFORE the Coundl of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1) That the proceedings of Council and its Committees, the conduct of the Members and the calling of meetings shall be governed by the provisions and regulations contained in Schedule 'A' attached hereto, and forming part of this by-law; 2) That "Robert's Rules of Order" shall be the basis of interpretation Df questions of procedure or order not provided for in Schedule 'A'; That should any section, subsection, clause, paragraph or provision Df this by-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the provision so declared to be Invalid. Any provincial Statutes imposed contrary to this By-law shall take precedence. That this by-law shall be known as the "Procedural By-law" That By-law No. 95-44 shall be repealed in Its entirety. That this by-law shall take effect on the 1st day of January, 2003. 3) 4) 5) 6) BY-LAW READ A FIRST AND SECOND TIME THIS 18'" DAY OF DECEMBER, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2002. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MAYOR, J. NEIL CRAIG CLERK, MARILYN PENNYCOOK l+i-) Z TOWNSHIP OF ORO-MEDONTE SCHEDULE 'A' TO BY-LAW NO. 2002-138 INDEX 1.0 DEFINmONS 2.0 CALUNG, PLACE AND TIME OF MEETINGS 2.1 Inaugural Meeting of Council 2.2 Council Meetings - Regular 2.3 Council Meetings - Special 2.4 Committee of the Whole Meetings 2.S Time Meetings to Commence 2.6 Time Meetings to Adjourn 3.0 QUORUM 3.1 Quorum - Council/Committee of the Whole 3.2 Quorum - Standing and Ad Hoc Committees of Council 3.3 Attendance 4.0 OPEN AND CLOSED MEETINGS - GENERAL 4.1 Open Meetings 4.2 Closed Meetings (In-Camera) 5.0 RECORDING DEVICES 6.0 HEAD OF COUNCIL 6.1 Chairperson - Council 6.2 Duties of Head of Council 6.3 Vacate the Chair - Head of Council 6.4 Absence from Council Meeting 7.0 CHAIRPERSON OF COMMITTEE OF THE WHOLE 7.1 Duties of Chairperson of Committee of the Whole 7.2 Vacate the Chair - Chairperson of Committee of the Whole 7.3 Absence from Committee of the Whole Meeting 8.0 CHAIRPERSON - STANDING/ AD HOC COMMITTEES OF COUNCIL 8.1 Absence from Standing/ Ad Hoc Committee Meeting g.O ORDER AND DECORUM 10.0 RULES OF DEBATE 10.1 Rules of Debate - Head of Council/Chairperson 10.2 Rules of Debate - Members 10.3 Rules of Debate - In Council/Committee of the Whole 11.0 VOTING 11.1 Voting - Head of Council 11.2 Voting - Chairperson of Committee of the Whole 11.3 Voting - Chairperson of Standing/ Ad Hoc Committee of Council 11.4 Voting on Questions 11.5 Failure to Vote 11.6 Appeal of Declaration of Result 11.7 Equality of Votes 11.8 Recorded Vote 11.9 Voting - Closed Meeting 12.0 MOTIONS/RECOMMENDATIONS 12.1 Motions/Recommendations - General 12.2 Withdrawal of a Motion 12.3 Motion to Amend 12.4 Notice of Motion 12.5 Motion to Reconsider 1'11.. )3 13.0 AGENDA AND MINUTES 13.1 Council Agenda 13.2 Committee Agenda 13.3 Minutes - Council and Committee 14.0 PETmONS AND COMMUNICATIONS 15.0 DEPUTATIONS/DELEGATIONS 16.0 BY-LAWS 17.0 STANDING/ AD HOC COMMmEES OF COUNCIL 18.0 CONFIRMATION BY-LAW 19.0 SUSPENSION/ AMENDMENT OF PROCEDURE I~~)~ SCHEDULE 'A' TO BY-LAW NO. 2002-138 1,0 OEfJNmONS That In this By-Jaw: a) "AdvIsory Committee" means all the members present at a meeting sitting in Committee and acting within the terms of reference defined within this by-law. b) "Agenda" means a list of all items to be considered by the Council/Committee at the meeting for which the agenda was published; c) "Addendum" means a list of all items to be added to the agenda to be considered by the Council/Committee at the meeting for which the agenda was published; d) "Clerk" means the Clerk of the Township of Oro-Medonte. e) "Committee of the Whole" means all members present at a meeting sitting in Committee. f) "Council" means the Council of the Township of Oro-Medonte. g) "Head of Council" means the Mayor. h) "Holiday" means: (i) any holiday as defined in the InterpretatlDn Act, R.S.O. 1990, Chapter 1.11 (II) Boxing Day (;;1) any day proclaimed by the Head of the Council as a Civic Holiday i) "Local Board" means a public utility commission, transportation commission, board of park management, board of health, planning board, or any other board, commission, committee, body Dr local authority established or exercising any power or authority under any general or special act with respect to any of the affairs or purposes of a municipality or of two or more munIcipalities or parts thereof. j) "Meeting" means any regular, special, committee or other meeting of a Council or local board. k) "Member" means a member of the Council and includes the head of Council. I) "Recorded Vote" means the recording of the name and vote of every Member on any matter of question. , ly~)5 2.0 CALUNG, PLACE AND TIME OF MEETINGS 2.1 Inaugural Meeting of Council The Inaugural Meeting of Council shall take place at 11 :00 a.m. on the first Tuesday of December following a regular election. 2.2 Council Meeting. - Regular a) The Council of The Corporation of the Township of Oro-MedDnte shall hold Its Regular Meetings at the Administration Centre, 148 Une 7 South, on the first and third Wednesday of each month at 7:00 p.m. or on such other day as may be determined from time to time by resolution of Council. In the event that such day Is a public holiday, civic hollday, or a day Dn which a Municipal Election Is to be held, the Council shall meet at the same hour on the 1" day thereafter, unless otherwise provided by resolution of Council. b) Where a Regular meeting of Council is to be held at a time, day or place other than as set out in Section 2.2(a) above, Council shall give notice, at least 48 hours in advance of such meeting, by publication In a newspaper that Is, in the Clerk's opinion, of sufficient general circulation in the area to give the public reasonable notice of the meeting. 2.3 Council Meetings - Special a) The Head of Council may, at any time, summon a Special Meeting of the Council. b) Upon receipt Df a petition of the majority of the Members of Council, the Clerk shall summon a Special Meeting for the purpose and at the time mentioned in the petition. c) The business to be dealt with at a Special Meeting of Council shall be limited to that which is listed in the notice of the meeting. d) Notice of a Special Meeting of Council shall be delivered to all members of Council at least one calendar day before the date established for the Special Meeting. 2.4 Committee of the Whole Meetings a) The Corporation of the Township of Oro-Medonte shall hold its Committee of the Whole Meetings at the Administration Centre, 148 Une 7 South, on the second and fourth Wednesday of each month at 9:00 a.m. or on such other day as may be determined from time to time by resolution Df Council. In the event that such day is a public holiday, civic holiday, or a day on which a Municipal Election is to be held, the Council shall meet at the same hour on the 1" day thereafter, unless otherwise provided by resolution of Council. b) Where Committee of the Whole Meeting is to be held at a time, day or place other than as set out in Section 2.4(a) above, the Committee shall give notice, at least 48 hours in advance of such meeting, by publication in a newspaper that is, in the Clerk/s opinion, of sufficient general circulation in the area to give the public reasonable notice of the meeting. c) The rules governing the procedure of Council and the cDnduct of Members in Council shall be observed in Committee of the Whole so far as they are applicable. I ~..\...) 10 2.5 Time Meetings to Commence As soon after the hour fixed for the Council/Committee meeting as there Is a quorum present, the Mayor/Chairperson shall take the chair and call the Members to order. 2.6 Time Meetings to Adjourn a) Day meetings shall adjourn at 4:00 p.m. unless this rule is temporarily suspended by resolution of the majority of the Members present b) Night meetings shall adjourn at 11;00 p.m. unless this rule is temporarily suspended by resolution of the majority of the Members present 3.0 QUORUM 3.1 Quorum - Council/Committee of the Whole a) Four (4) Members of Council shall constitute a quorum. b) Where quorum Is not present within thirty minutes of the time appointed for a meeting, the Clerk shall call the roll and record the names of the Members present. The meeting shall stand adjourned until the next regular meeting or until a Special Meeting Is called. 3.2 Quorum - Standing and Ad Hoc Committees of Council a) A majority of the whole number of members required to constitute the Committee shall be necessary to form a quorum (one-half the number Df members + one). b) Where quorum Is not present within thirty minutes of the time appointed for a meeting, the Chair shall record the names of the Members present The meeting shall stand adjourned until the next regular meeting or until a date Is fixed by the Chair for which 48 hours notice is given to all committee members. 3.3 Attendance Any member of Council may attend any meeting Df any Committee to which he/she has not been aDDolnted and such a member shall only participate in the discussion at the invitation of the Committee Chair. Such attendance at the Committee meeting shall be at the member's own discretlDn and without per diem. 4.0 OPEN AND CLOSED MEETINGS - GENERAL 4.1 Open Meetings All meetings of Council and all meetings of any Committees of Council shall be open to the public subject to the exceptions listed in Section 4.2. 4.2 Closed Meetings (In-Camera) a) A meeting or part of a meeting may be closed to the public if the subject matter being considered relates to; i) the security of the property of the Township; II) personnel matters involving identifiable individuals including municipal employees; Iii) the proposed or pending acquisition/sale of real property for municipal purposes; Iv) labour relations or employee negotiations; v) litigation or potential litigation affecting the municipality, including matters before administrative tribunals; 1Lj..0!l vi) the receiving of advice that Is subject to solidtor-client privilege, Including communications necessary for that purpose; vII) a matter In respect of which a council, committee or other body has authorized a meeting to be closed under another Act; viII) the consideration of a request under the Municipal Freedom of Information and Protection to Privacy Act, If the Council Is designated as the head of the Institution fDr the purposes of the Act. b) Before all or part of a meeting Is dosed to the public, the Members shall state by resolution: i) the fact of the holding of the closed meeting; II) the general nature of the matter to be considered at the dosed meeting. 5.0 RECORDING DEVICES During a meeting of Coundl or a meeting of a Committee of Council, the use of any equipment or device of a mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means, is not permitted within the Council Chambers and Committee Rooms without the consent of the maiorlty of the Council/Committee Members. 6.0 HEAD OF COUNOL 6.1 Chairperson - Council The Mayor/Head of Council shall assume the duties of Chairperson during Coundl Meetings. 6.2 Duties of Head of Council a) The Head of Council shall preserve order and decorum, decide questions of order (subject to an appeal to the Council by any Member) and, without unnecessary comment, cite the rule of authority commonly accepted (uncler parliamentary procedures) applicable to the case, If called upon to do so. b) To open the meeting of Council by taking the chair and calling the Members to order. c) To announce the business before the Council in the order in which it is to be acted upon. d) To receive and submit, in the proper manner, all motions presented by the Members of Council. e) To put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the results. f) To decline to put to vote motions which Infringe on the rules of procedure. g) To restrain the Members, within the rules of order, when engaged in debate. h) To enforce, Dn all occasions, the observance of order and decorum among the Members. I) To expel any person for improper conduct. j) To call by name any Member persisting in breach of the rules of order of the Council, thereby ordering him/her to vacate the Council Chamber. k) To receive all messages and other communications and announce them to the Council. i) To authenticate, by his/her signature when necessary, all by-laws, resolutions and minutes of the Council. ly.~l8' m) To represent and support the Council, declaring Its decision In all things. n) To ensure that the decisions of Council are In conformity with the laws and by-laws gDvernlng activities Df the Council. 0) To adjourn the meeting when the business Is concluded. p) To adjourn the meeting without the question put, In the case of grave disorder arising In the Council Chamber. 6.3 Vacate the Chair - Head of Council a) If the Head of Council desires to Introduce a motion or by-law, he/she shall leave the Chair for that purpose, and shall call on another Member of Council to fill his/her place until he/she resumes the Chair. b) A motion in Council that the Head of Council leave the Chair, with leave to sit again, shall always be in order, and shall be decided without debate. 6.4 Absence from Council Meeting a) In the absence of the Mayor/Head of Council, within fifteen minutes after the time appointed for the meeting, the Deputy Mayor shall call the Members to order and, if a quorum is present, shall preside during the meeting or until the arrival of the Mayor. In the absence of the Mayor/Head of Council and the Deputy Mayor, a Chairperson shall be chosen from the Members to preside during the meeting or until the arrival of the Mayor/Head of Council Dr Deputy Mayor. b) While presiding, the Deputy Mayor or Chairperson chosen by Council shall have all the powers of the Mayor/Head of Council and shall be entitled to vote as a Member. 7.0 CHAIRPERSON OF COMMmEE OF THE WHOLE The Mayor shall assume the duties of Chairperson during Committee of the Whole Meetings. 7.1 Duties of Chairperson of Committee of the Whole The Chairperson of Committee of the Whole shall maintain order in the Committee and report the proceedings to the Council. 7.2 Vacate the Chair - Chairperson of Committee of the Whole a) During Committee of the Whole Meetings, the Chairperson may appoint a member of the Committee to take the Chair, and the Chairperson may then vacate the chair. b) A motion in Committee of the Whole that the Chairman leave the Chair, with leave to sit again, shall always be in order, and shall be decided without debate. I~~-h 7.3 Absence from Committee of the Whole Meeting a) In the absence of the Mayor/Chairperson, within fifteen minutes after the time appointed for the meeting, the Deputy Mayor sha!! call the Members to order and, If a quorum Is present, shall preside during the meeting or until the arrival of the Mayor/Chairperson. In the absence of the Mayor and the Deputy Mayor, a Chairperson shall be chosen from the Members to preside during the meeting or until the arrival of the Mayor or Deputy Mayor. b) Whiie presiding, the Deputy Mayor or Chairperson chosen by Committee of the Whole shall have all the powers of the Mayor/Chairperson and shall be entitled to vote as a Member. 8.0 CHAIRPERSON - STANDING/ AD HOC COMMmEES OF COUNCIL The Chairperson of a Standing/ Ad Hoc Committee of Council shall be appointed by Council. 8.1 Absence from Standing/Ad Hoc Committee Meeting a) In the absence of the Chairperson, a Chairperson sha!! be chosen from among the members of the Committee to preside during the meeting or until the arrival of the Chairperson. b) The Cheirperson of a Committee may appoint another member of the Committee to act as the Chairperson whiie he is temporariiy absent from the meeting. 9.0 ORDER AND DECORUM No Member she!!: a) disturb another, or the Councii itself, by any disorderly deportment disconcerting to any Member speaking; resist the rules of Councii or disobey the decision of the Head of Council or Chairperson on questions of order or practice or upon the interpretations of the rules of order of the Councii; be permitted to retake his/her seat at any meeting after being ordered by the Head of Councii or Chairperson to vacate after committing a creach of any rule of order of the Council, without making apology and the consent of the Councii expressed by a majority vote of the other Members present, determined without debate; leave hisfher place on adjournment until the Head of Councii or Chairperson leaves his chair; speak until he/she has addressed himself to the Head of Council Or Chairperson; walk across or out of the Chamber or make any noise Or disturbance when the Head of Council or Chairperson is putting a question and shall occupy his/her seat whiie a vote is being taken and until the result thereof is declared; ignore a dress code for Council Meetings agreed to by the majority Members of Councii. b) c) d) e) f) g) use indecent, offensive Or insulting language In or against the Council or any member thereof; speak beside the question in debate; criticize any decision of Council/Committee except for the purpose of moving that the question be reconsidered; disobey the rules of Council/Committee Or a decision of the Head of Council/Chairperson on questions out of order or practice, or upon the Interpretation of the rules of the Council/Committee; 10.3 Rules of Debate - In Coundl/Committee of the Whole 10.0 10.1 10.2 11.0 VOTING I<./~)JO RULES OF DEBATE Rules of Debate - Head of Council/ChaIrperson In directing the course of debate, the Head of Council/Chairperson shall: a) ~~~1:late the Member who has the floor when Members raise their hand to b) preserve order and decide questions of order; c) Couse to be read 011 motions/recommendations presented In writing and state all motions/recommendations presented verbally before permitting debate on the question, except when otherwise provided In this by-law. Rules of Debate. Members In addressing the Council/Committee of the Whole, no member shall: a) speak disrespectfully of Her Majesty the Queen or any of the Royal Family, or of the Governor-General, Lieutenant-Governor or any member of the Senate, the House of Commons of Canada, or the Legislative Assembly of Ontario; b) c) d) e) a) Every member when speaking to any question or motion shall respectfully address the Mayor or Chairperson. When a member Is speaking, no other member shall pass between him/her and the Chair, or interrupt him/her except to raise a point of order. Any member may require the question or motion under discussion to be read at any time during the debate, but not SO as to interrupt a member while speaking. No member shall speak to the same question for longer than 2 (two) minutes. With the leave of Council/Committee, a supplementary question with a further 1 (one) minute, may be granted. (i) A member may ask a question only for the purpose of obtaining facts relevant to the matter under discussion and necessary for a ciear understanding thereof. (Ii) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions. b) c) d) 11.1 Voting - Head of Council The Mayor/Head of Council (except where disqualified from voting by reason of interest or otherwise) may vote with the Members on all questions. 11.2 Voting - Chairperson of Committee of the Whole The Chairperson of Committee of the Whole (except where disqualified from voting by reason of interest or otherwise) may vote with the Members on all questions. 11.3 Voting - Chairperson of Standing/ Ad Hoc Committee of Council The Chairperson of a Standing/Ad Hoc Committee of Council may not vote with the Members of the Committee on any question. 14 ~} 1/ 11.4 Voting on Questions a) When the Mayor or Chairperson calls for the vote on a question, each member shall occupy his/her seat and shall remain there until the result of the vote has been declared by the Mayor or Chairperson. During such time no member shall walk across the room or speak to any other member or make any noise or disturbance. After a question is finally put by the Head of Council, Chairperson or member, no Member shall speak to the question nor shall any other motion be made until after the vote Is taken and the result has been declared. Every member present at a meeting of the Council/Committee when a questton Is put, shall vote thereon, unless he/she has declarea any pecuniary Interest, direct or Indirect in the question. The manner of determining the decision of the Council on a motion shall be by a 'show of hands". Any motion shall require four affirmative votes in order to be valid and binding on Council. Where only a quorum is present, a resolution/recommendation, in order to carry or be passed, must be affirmed by the majority of the quorum. b) c) d) e) 11.5 Failure to Vote Failure to vote by any member present, except when a member has declared a pecuniary Interest, shall be taken as a negative vote. 11.6 Appeal of Declaration of Result 11.7 11.8 a) Council Meetings If a member who has voted on a question disagrees with the declaration of the Mayor or Chairperson that the question Is carried, or lost, h,e/she may, but only immediately after the declaration by the Mayor or Cnalrperson, appeal the declaration. On an appeal by a member, the Mayor/Chairperson shall call for a recorded vote to be taken on the question in the manner prescribed in Section 11.8 of this By-law. Committee of the Whole and Standing/ Ad Hoc Committees of Council An appeal of the Declaration of Result by the Chair of a Committee of Council shall be to the Mayor In Council. b) Equality of Votes Where a vote on a question results in an equality of votes, the result shall be deemed to be negative. Recorded Vote a) When a member present requests, immediately prior to or immediately subsequent to the taking of the vote, that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his/her vote openly. The Mayor or Chairperson, immediately following the request for a recorded vote, will put the question again. All members present at the Council or Committee Meetln~Unless disqualified from voting by any Act, must vote in alphabetlcai order, inning with the member who has requested the recorded vote. The Cieri< s all call each member individually, record the member's vote, and report the result of the vote to the Mayor/Cnairperson. The Head of Council/Mayor or Chairperson shall vote last. b) c) d) Itf..i..) I~ Voting - Closed Meeting a) Subject to Section 11.8 (b), a meeting shall not be closed to the public during the taking of a vote. Notwithstanding Section 11.8 (a), a meeting may be closed to the public during the taking of a vote where: I) Section 4.2 permits a meeting to be closed to the public; and II) 11.9 b) The vote Is for a procedural matter or for giving directions or Instructions to officers, employees or agents of the Township or persons retained by or under contract with the Township. 12.0 MOTIONS/RECOMMENDATIONS 12.1 Motions/Recommendations - General a) b) c) d) e) f) Motions/recommendations, or notices thereof, shall be in writing, moved and seconded. Every motion/recommendation, when dUly moved and seconded, shall be received by the Head of Council/Chairperson, and shall then be open for discussion prior to the vote being taken. Immediately preceding the taking of the vote, the Head of Council/Chairperson, may state the question in the form introduced and shall do so if required by a Member. He/She shall state the question in the precise form in which it will be recorded In the minutes. The following matters may be introduced orally, without written notice, and without leave: (i) a point of order or personal privilege (ii) presentations of petitions (Iii) a motion to suspend a rule of procedure or in compliance with a rule of procedure (Iv) a motion to adjourn (not debatable) (v) a motion that the vote now be taken (vi) a motion that the Council resolve itself into a Committee of the Whole (not debatable) When the motion under consideration concerns two or more matters, a vote on each matter, upon the request of any member, may be taken separately. A motion in respect of a matter which is beyond the jurisdiction of Council shall not be in order. No member shall speak to a motion more than once, without leave from the Head of Council/Chairperson. Each Member shall confine their remarks to a limit of 2 (two) minutes. 12.2 Withdrawal of a Motion After a motion has been received and/or read by the Mayor or Chairperson, it shall be deemed to be in the possession of the Council but may be withdrawn by the mover, with the consent of the seconder, prior to discussion or amendment or voting thereon. 12.3 Motion to Amend A motion to amend: a) b) c) d) shall be presented in writing; shall be relevant to the question to be received; shall not be received proposing a direct negative to the question; shall receive disposition of Council prior to a decision on the main question; shall be disposed of in the reverse order of presentation to any further amendment and/or the original motion; e) l'i~) 13 shall not be further amended, more than once, provided that further amendment may be made to the original motion; g) may propose a separate and distinct disposition of a question; 12.4 Notice of Motion f) a) A motion to rescind or that has the effect of being contrary or opposite to a motion entered upon the minutes shall be received or put only when notice of Intention to Introduce such motion Is given in accordance with SectIon 12.4 (b). Notice of motion requires the Member of Council to provide at least a brief verbal explanation of the matter and to provide the Mayor/Head of Council with a written motion at a regularly scheduled meeting of Coundl. Such motion shall be provided to Members In an agenda for consideration by Council at Its next regularly scheduled meeting. bJ 12.S Motion to Reconsider After any question has been decided, the following shall prevail: a) A motion to reconsider a question can only be made by a Member who voted on the prevailing side, or a Member who was absent from the meeting when the question was considered, and must be made on the day the vote was taken or at the next succeeding regular meeting of Coundl. No discussion except that obtaining information that justifies the reconsideration, shall be allowed until the motion for reconsideration Is decided upon. No main motion may be reconsidered and no further discussion of the main motion may take place more than once in a nlnety-day period. b) c) 13.0 AGENDA AND MINUTES 13.1 Council Agenda a) The Clerk shall forward all notices and agendas for regular meetings of Council a minimum of 48 hours In advance of such meetings. b) Notice of Intention to Introduce a matter not provided for on the Agenda may be given In the "Notice of Additions" portion of the Agenda and shall be entered for consideration on the Agenda after the appropriateness of considering the matter Is decided oy the Head of Council/Chairperson. c) The Order of the Day shall have preference during the Council meeting, save and except that the Head of Council/Mayor may change the order at any time during the meeting. Order of the Dav The business of Council shall be taken up In the following order: 1. Opening of Meeting by the Mayor 2. Prayer/Contemolatlon/Reflectlon 3. Notice of Additions 4. Adoption of the Agenda 5. Disclosure of Pecuniary Interest 6. Minutes of Previous Meetings of Coundl 7. Recognition of Achievements 8. Public Meetings 9. Deputations 10. Consent Agenda 11. Motions for which Notice has been given 12. Reports of Munlclf'i'1 Officers 13, Reports of CommIttees 14, Communications 15, In-camera Items 16, By-laws 17, Confirmation By-law 18. Ouestlons and Announcements 19. Adjournment /4 ~),"I 13.2 Committee Agenda a) The Clerk shall forward all notices and agendas for regular Committee of the Whole meetings a minimum of 48 hours In advance of such meetings. Notice of Intention to introduce a matter not provided for on the Agenda may be given in the "Notice of Additions" portion of the Agenda and shall be entered for consideration on the Agenda after the appropriateness of considering the matter is decided by resolution of a majority of members. b) 13.3 Minutes - Council and Committee The minutes of meetings of Council and Committee shall record, without note or comment: al the place, date and time of meeting; b the names of those present; c disclosure of pecuniary interest and the nature thereof; d the fact of the hoiding of a closed meeting and the general nature thereof; e all resolutions, decisions and proceedings of Coundr. 14.0 COMMUNICATIONS AND PETITIONS Deputations ~ be limited in speaking to not more than ten (10) minutes. A delegation wishing to appear before Council shall be limited to two (2) speakers, each limited to speaking not more than five ill minutes. Persons requesting to appear before Council shall be advIsed of the time limitation In advance of their presentation. The Chairperson of a Committee Meeting or Council Meeting may expel or exclude from the meeting, any person who in the opinion of the Chairperson, has behaved improperly. 16.0 BY-LAWS 1S.0 a) Every communication, including a petition designed to be presented to the Council and filed with the Clerk, shall be legibly written Or printed; shall not contain any obscene or Improper matter or language; shall be signed and dated by at least one person; and shail include an address and telephone number where return correspondence or contact is to be directed. Every communication or petition shall be delivered to the Clerk not less than four regular working days in advance of the meeting. b) DEPUTATIONS/DELEGATIONS a) Persons desiring to present information verbally on matters of fact or make a request of Council shail give notice, in writing, to the Clerk not less than four regular working days in advance Of the meeting of Council, stating the purpose of the Deputation. All requests to be heard by Council shall be signed. Council may, ~ sole discretion, entertain deputationS/delegations with less notice as arcumstances warrant. b) c) d) e) a} Every by-law shall be introduced upon motion by a Member of the Council, specifying the titie of the By-law. b) Every by-law when introduced shall be in typewritten form and shall contain no blanks except such as may ,be required to conform to accepted procedure or to comply with provisions of any act and shall be complete with the exception of the number and date hereof. c) Every by-law shall have three readings prior to it being passed. d) The first and second reading of a by-law shall be decided without amendment or debate. e) If the Council determines that the by-law is to be considered in Committee of the Whole, it shall be so considered previous to the third reading thereof. f) If Council so determines, a by-law may be taken as read. 1~~)15 g) The Clerk shall set out on all by-laws enacted by Council the date of the several readings thereof. h) Every by-law enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Oerk and the Head of Council or Chairperson and shall be deposited by the Clerk In the office for safekeeping. 17.0 STANDING/AD HOC COMMITTEES OF COUNCIL The provisions of this By-law, with necessary modification, shall apply to Standing/Ad Hoc Township Committees and to any other Committees or local boards established by Council from time to time. 18.0 CONFIRMATION 8Y.LAW a) There shall be enacted a by-law at the end of each Council Meetln9 to confirm each recommendation contained in a Report of the Committee of Council and, In respect of each motion, resolution and other actions passed and taken by the Council at the meeting, except where the prior approval of the Ontario Municipal Board or any other body or agency Is required. A motion for leave to pass a by-law to confirm the proceedings of a meeting of Council shall be voted on without debate. 19.0 SUSPENSION/ AMENDMENT OF PROCEDURE a) Any procedure required by this by-law may be suspended with consent of a majority of the Members of the Council present. b) c) No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of the Council unless notice of proposed amendment or repeal has been given at a previous regular meeting of the Council. The waiving of this notice by the Council is prohibited. 11./ j) I THE CORPORA TlON OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-139 BEING A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO. 15 TO THE TOWNSHIP OF ORO.MEDONTE OFFICIAL PLAN The Council of the Corporation of the Township of Oro-Medonte. in accordance with the provision of the Planning Act, hereby enacts as follows: 1. The attached explanatory text which constitutes Amendment No. 15 to the Official Plan of the Township of Oro-Merlonte, is hereby adopted. 2. The Planner is hereby authorized and directed to make application to the County of Simcoe for approval of Amendment No. IS to the Official Plan of the Township ofOro-Merlonte. 3. This By-law shall come into force and take effect on the day of the final passing thereof with the approval of the County of Simcoe. BY-LAW READ A FIRST AND SECOND TIME, TIllS DAY OF DECEMBER, 2002. BY-LAW READ ATillRD TIME AND FINALLY PASSED TIllS DECEMBER, 2002. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORQ. MEDONTE Mayor - J. Neil Craig Clerk - Marilyn Pennycook ORO CENTRE SECONDARY PLAN OFFICIAL PLAN AMENDMENT NO.iS TOWNSHIP OF ORO-MEDONTE Prepared by Meridian Planning Consultants December, 2002 File #1476 I ~J ) z. J~j ) -3 TABLE OF CONTENTS CONSTITUTIONAL STATEMENT 1 PART 1- THE INTRODUCTION 2 1.0 2.0 3.0 4.0 BACKGROUND BASIS FOR THIS SECONDARY PLAN OPPORTUNITIES AND CONSTRAINTS LAND USE CONCEPT ,2 2 4 11 PART II - THE AMENDMENT 13 E4 ORO CENTRE SECONDARY PLAN 13 E4.1 GENERAL E4.1.1 Location E4.1.2 Purpose E4.1.3 Goals 13 13 13 14 E4,2 DEVELOPMENT PLAN E4.2.1 Policies that apply to all designations E4.2.2 Oro Centre Commercial designation E4.2.3 Oro Centre Officellndustrial designation E4.2.4 Oro Centre limited Service Industrial E4.2.5 Highway 11 Special Policy Area E4.2.6 Environmental Protection One Designation E4.2.7 Agricultural Designation E4.2.8 Commercial Designation 15 15 15 17 18 18 19 19 19 E4.3 SEWER AND WATER SERVICES 19 E4.4 THE TRANSPORTATION NETWORK 22 E4.5 STORMWATER MANAGEMENT 23 I I I I E4.6 IMPLEMENTATION E4.6.1 General E4.6.2 Requirements for Development Applications E4.6.3 Zoning By-law E4.6.4 Site Plan Control E4.6.5 Subdivision Control E4.6.6 Development Agreements 23 23 24 25 26 26 26 E4.7 INTERPRETATION E4.7.1 General 27 27 I~j )4 E4.7.2 Existing Land Uses PART III . THE APPENDICES 28 29 I I I 14j)S CONSTITUTIONAL STATEMENT Part I: The Introduction, provides general information regarding the Orc Centre Planning District and statements that provide the basis for the Official Plan Amendment. Part I: The Introduction does not constitute an operative part of Amendment No. 15 to the Official Plan. Part II: The Amendment, provides the details of the OffICial Plan Amendment. Part II: The Amendment, including Schedule A constitutes the Secondary Plan for the Oro Centre Planning District and is the operative part of Amendment No. 15 to the Official Plan. ' Part III: The Appendices, provide more specific information regarding the Amendment and the details of the planning and design of the Study Area. Part III: The Appendices do not constitute an operative part of Amendment No. 15 to the Official Plan. I I I I Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 1 IL./- j ) b PART I: THE INTRODUCTION (this is not an operative part of Official Plan Amendment No. 15) 1.0 BACKGROUND The Oro Centre Study Area has a total area of 111 hectares (275 acres). It is centred on the intersection of Highway 11 and the 7th Line. The Study Area is divided into 34 landholdings. It is currently the site of a number of commercial, residential and institutional uses. These uses are generally located on small lots located on and directly accessed by Highway 11. The Oro-Medonte municipal office is also located in this area. The Lake Simcoe Regional Airport is located directly tD the north of the Study Area. Lands to the east of the Study Area, on the north side of Highway 11, are the site of a campground. Lands to the east and on the south side of Highway 11 are the site of the Burls Creek Family Event Park, where a number of recreational and entertainment events take place. Lands to the south and west of the Study Area are used for agricultural purposes. 2.0 BASIS FOR THIS SECONDARY PLAN The Oro-Medonte Official Plan has recognized Oro Centre as an important location for a variety of employment generating land uses. Policies related to economic development and, more specifically, Oro Centre, are contained within the Official Plan and provide the basis for this Secondary Plan. Economic Development to be Encouraged - It was decided by Council as part of the Official Plan Review process that economic development should be encouraged in the municipality. Below is the component of the Official Plan vision that deals with this objective: "The vast majority of the Township's residents work and shop in neighbouring Barrie and Orillia. Many jobs and dollars leave the community. Additional economic development in the Township will be encouraged by the Official Plan to reduce these outflows, provided there are no negative impacts on the natural environment, natural resources or rural character of the community or on the quality of life now enjoyed by the Township's residents. A decreased reliance on neighbouring centres to provide emplDyment and shopping opportunities will help foster a sense of community in the Township. AdditiDnal economic activity will be encouraged by designating lands in the vicinity of the Lake Simcoe Regional Airport for industrial and commercial purposes and by permitting home occupations and home industries in the rural area." Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 2 14j )7 On the basis of the above VISion, the following economic development goals are contained within the Official Plan: . Development resulting in an increase in economic activity in the Township shall be encDuraged, provided such development does not have a negative impact on the natural environment, natural reSDurces and rural character of the community. . The role of the Lake Simcoe Regional Airport in the regional economy is tD be strengthened wherever possible to stimulate local economic activity. The concentration of economic activity along Highway 11 will be encouraged and one new area for commercial and industrial development and new forms of retailing activity will be located at or near the intersectiDn of the 7th Line and Highway 11 to take advantage of the location of the airport. Lands Designated Oro Centre IndustriallCommercial- In order to implement the above economic development goals, it was decided to designate one central area in the municipality for employment uses. On the basis of a review of potential locations along Highway 11, it was decided that the most appropriate location for such an employment area would be in Oro Centre since it is: located adjacent to the Lake Simcoe Regional Airport. which has the potential to attract commercial and industrial uses to the area: centrally located between the City's of Barrie and Orillia and as a result, has the potential of attracting uses that serve both of those markets; and, located at an interchange with Highway 11. As a result, the Study Area was designated Oro Centre Industrial/Commercial in the new Official Plan. Permitted Uses - Permitted uses in the Oro Centre Industrial/Commercial designation include: I I I I . manufacturing, assembly, processing and fabrication uses; . warehousing uses; research establishments: business offices and accessory retail uses; restaurants; retail stores; personal service shops; Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 3 Iyj ) ~ financial service establishments; . fruit and vegetable markets; motels: . hotels; . conference centres; institutional uses such as municipal offices, places of worship and schools; recreational establishments; bus terminals and bus transfer stations; . animal hospitals; and, . medical clinics. Requirement for a Secondary Plan - Section D13.3 ofthe Official Plan requires that an Official Plan Amendment, in the form of a detailed Secondary Plan, be prepared before the development of any permitted use, or an expansion to an existing use, occurs in the Oro Centre Industrial/Commercial designation. The following matters are to be dealt with by the Secondary Plan: . the form of servicing; . the financial implications of both constructing and operating the servicing systems; . the form of access to all lands in the Secondary Plan area; . the compatibility of proposed uses with adjacent land uses outside of this area; the relationship of parking, loading and outdoor display areas in relation to Highway 11: the mix, location and density of proposed land uses: . the phasing of development; . the impacts of development on the Highway 11/7th Line and Highway 11/8th Line interchanges; the impacts of development on the natural heritage system; and, . the impacts of development on the sub-watershed in the area. 3.0 OPPORTUNITIES AND CONSTRAINTS Council authorized the preparation of a Secondary Plan for the Oro Centre area in February 1998. In addition to The Planning Partnership (now Meridian Planning Consultants), a number of consultants were retained to provide advice on various aspects of the Secondary Plan, as follows: . TCI Convergence was retained to provide the Township with some ideas on potential uses; Gartner Lee was retained to provide advice on environmental issues; McCormick Rankin was retained to provide advice Dn transportation issues: and, Offic:ial Plan Amendment No. 1S Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 4 l~j ) q C.C. Tatham & Associates was retained to provide advice on servicing and stormwater management issues. Potential Uses - TCI Convergence Limited was retained to identify the types of uses most likely to be attracted to Oro Centre in the future. In order to reach their conclusions, a number of regional stakeholders were interviewed and other communities with airports were canvassed to determine what opportunities existed in similar locations. On the basis of their findings, below are the uses that are most likely to be attracted to the area. Aviation-related businesses - At the present time, the airport is underutilized. However, with aggressive promoting and planning, many similar airports have attracted a number of aviation-related uses such as flying schools and clubs, engine repair depots, cargo depots and related office/industrial development. It is felt that such uses could be attracted to the airport itself or to lands in the vicinity of the airport in Oro Centre. . Auto-re/ated industry - With the development of the Honda plant in Alliston, Simcoe County is increasingly becoming a destination for auto-related industry. Given the location of the airport and the highway and the 'just-in-time' philosophy many auto-makers and suppliers now adopt, opportunities exist to site such uses in Oro Centre. . Trucking centres - Given the location of the airport and Highway 11, an opportunity exists to attract trans-shipment facilities to the area. These facilities would warehouse goods required by Simcoe County businesses until they were needed for production, The Mount Hope airport area near Hamilton has attracted similar businesses as a result of the congestion and high cost of using Pearson AirpDrt. . Lifestyle businesses - There has been a growing trend to site 'information technology' businesses in environments such as Oro-Medonte where the quality of life is high and the character of the area is decidedly rural in nature. . Recreation Centre - Given the location of Oro Centre and the growing popularity of recreational sports such as baseball and soccer, an opportunity exists to site a baseball/soccer complex in Oro Centre. Such a facility could be associated with the Burls Creek Family Event Park. At the present time, there are about 12,000 adult recreational teams playing sDftball in Ontario. Many of these teams participate in tournaments across Ontario, and generate a number of economic spin-offs as a result. I I I I Retail uses - At the present time, almost all Oro-Medonte residents travel to Barrie or Orillia for most food and household items. There may be an opportunity to site local convenience uses in Oro Centre to attract both Township residents Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 5 Iy J ) I D and travelers. In addition, opportunities exist to site a discount mall or potentially larger facilities in the area to attract people from the wider region to Orc Centre. It is the Township's opinion that Oro Centre should be the preferred site of a number of higher order uses, such as hotels/motels, prestige office, commercial and institutional uses and the other uses identified by TCI Convergence. These are the types of uses that could, if properly planned and serviced, transform the Oro Centre area into a major employment area. Such an employment area would have the effect of reducing the ,flow of jobs and capital out of the municipality to the Cities of Barrie and Orillia, which is the intent of the Official Plan. In order to attract the above mentioned higher order uses, the area should be comprehensively planned on the basis that communal services will be avaifable to service at least a portion of the area. Full servicing is the key to attracting the types of uses that are considered desirable for Oro Centre. The types of uses not considered desirable for Oro Centre include gas stations, drive through restaurants and donut shops, unless they were perhaps accessory to a larger principal use. On the basis of a review of the Highway 11 corridor, there are already a number of other properties in more suitable locations for these types of uses. In order to attract these higher order uses, a comprehensive marketing plan for the airport and area should be prepared, The key to this area's development is the airport and its location between the Cities of Barrie and Orillia. In order for development to occur, there is a need for a catalyst - a use that will make it attractive for other users to develop. It would be the objective of the marketing plan to attract the catalyst. Partnerships between the Township, the Airport Commission and the County of Simcoe and other municipalities will be required to aggressively promote the airport and Oro Centre. Environmental Issues - In order to ensure that new development is located where it will have little or no impact on the environment, Gartner Lee Limited was retained. Their role was to assess the significance of the area's naturat features. The result of this assessment was recommendations on where development which will not adversely impact on the significant natural features of the area can occur. Their main findings are below: . There are two small creek systems in the study area. All flow to the south towards Lake Simcoe. Shelswell Creek drains the majority of the Study Area. All of the creeks, with the exception of Hawkestone Creek, are considered to be warmwater streams. The watercourses in the area are recognized in the Official Plan as important aquatic habitat. As a result, all development is required to be set back a minimum of 30 metres (100 feet) from these watercourses. Efforts should also be made to rehabilitate and restore areas immediately adjacent to watercourses that have been disturbed by agricultural uses. This can occur on a site-specific basis as a condition of development approval. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 6 I~j )0 . There are two distinct wetland areas within or adjacent to the Study Area. Some of the weiland areas have recently been classified by the Ministry of Natural Resources and do not appear on the Official Plan schedules. . The largest wetland in the area is the Class 5 Shelswell Creek wetland which occupies a portion of the airport lands and borders on the west end of the Study Area. A wetland is also located between the Study Area and the airport. It is recommended that development not be permitted within these wetland areas and that all development within 120 metres of any wetland be supported by an Environmental Impact Study. Transportation Issues - In order to ensure that new development can be appropriately accessed by an efficient road system, McCormick Rankin was retained. Their role was to assess existing traffic conditions and to identify constraints and opportunities. Below are their main findings: . An average of almost 32,000 vehicles travel along Highway 11 every day in the study area. It is expected that this number will increase to approXimately 47,000 vehicles per day by the year 201~. Both Highway 11 and the 7th line are currently operating at acceptable levels of service and can accommodate additional traffic without the need for major improvements. Major improvements to Highway 11 may be required after 2013 as a result of the projected increase in traffic. The major constraint to new development in Oro Centre is the absence of service roads. New direct entrances from Highway 11 will not be permitted. Service roads will therefore be required in each quadrant Following the initiation of the Secondary Plan process, the Ministry of Transportation (MTO) indicated that they were in process of carrying out an assessment of all of the Provincial Highways within the County of Simcoe. The MTO is of the opinion that the study will recommend that Highway 11 be widened and that the interchanges that currently exist on the Highway be replaced. In the long term, the Ministry of Transportation has envisioned that Highway 11 through the Township Df Oro-Medonte be widened from four lanes to possible six or eight lanes. New interchanges will also be established at key locations with the widening and the highway would be brought up to a full freeway with the elimination of existing direct commercial and residential access points. As well, the Ministry of Transportation anticipates that property would be required. I I With respect to the Highway 11/7'" line interchange, the Ministry of Transportation plans to widen the highway in this location from four lanes to possibly six or eight lanes, include a new Parclo A-4 interchange. The 7"' Line interchange ramps may require widening from two lanes to four lanes to accommodated the additional traffic growth within the study' I I Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 7 I~j ) 12.. area. The ultimate right of way width for Highway 11 will be determined by the Ministry of Transportation while the Concession 7 right-of-way will be approximately 26 metres. The Ministry of Transportation has requested that the lands that will be the site of the interchange be identified in the Secondary Plan as an area where new development will not be permitted. This will allow an interchange at this location to remain viable. The proposed location of the on/off ramps has an impact on the amount and location of the lands that could be designated for development within the Secondary Plan study area. Specifically, development in the north-east quadrant of the study area is no longer possible, since none of the ramps will be located in this area. With respect to the north-west corner, access to this quadrant will be problematic since it will be difficult to site a service road in this quadrant. The northern part of the sDuth-west quadrant is also affected primarily by the required road widening and the proposed location of the clover leaf. The only areas that remain highly suited for development in this regard are located in the southern half Df the south-west quadrant and within the south-east quadrant. Given that the timing of the improvements to Highway 11 are unknown, McCormick Rankin was requested to determine how much development could occur in the area in advance of the proposed highway improvements. Some of the main conclusions are below: 1. Background traffic on the 7"' Line and the flyover is expected to grow by only 1% per year. 2. It is anticipated, for the purposes of this report, that full build-out in Oro Centre will occur in about ten years. 3. If no development was to occur in Oro Centre, increases in background traffic on Highway 11 alone would necessitate additional capacity on the highway by the year 2013. 4 The development of Ora Centre could accelerate the need for additional capacity on Highway 11 by four to five years assuming that 75% of Oro Centre was built out at that time. 5. The existing road network in Oro Centre is forecast to experience poor levels of service at build out. 6. On the basis of a sensitivity analysis, 75% of the total developable area could be developed in Oro Centre without the need' for any local road network improvements. 7, If more than 75% of the total developable area in Oro Centre was developed, traffic lights would be required at the two flyover intersections, I Official Plan Amendment No. lS Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 8 I /4 j ) 13 8. The installation of traffic signals at the flyover intersections would not impact on the function of Highway 11. On the basis of the above, the Secondary Plan contains provisions that will require each developer to submit traffic impact studies to the Ministry of Transportation prior to development occurring. Once proposed development triggers the need for improvements, those improvements would need to be carried out before additional development occurs. It is anticipated that no more than 50 to 75% of the development anticipated within the Secondary Plan Area can proceed without triggering the need for improvements. Servicing Issues - C.C. .atham & Associates were retained to review servicing options for development in the area. Given that the key constraint to development in Oro Centre at the present time is the lack of servicing, the development of a servicing strategy to attract new development to the area is essential. Their role was to assess each of the water supply and sewage treatment options that are currently available in the study area, given environmental, spatial and financial constraints. Below is a summary of their findings: On the basis of available background information on water supply in the area, there is little potential to develop a large scale municipal water system in Oro Centre, since a significant source of groundwater has not been identified. As a result, it is recommended that a series of small communal systems be developed instead. Some of the existing wells in the study area may be incorporated into a new communal system. . On the basis of the servicing constraints in the area and the desire to attract higher order uses, C.C. Tatham & Associates recommends that uses within Oro Centre could generate a maximum of about 380 m3 of sewage per day. I I I I I I This amount of sewage could be dealt with by one central wastewater treatment system. The preferred system would be a lagoon/spray irrigation system, however, other types of systems may also be feasible. Given the land area required for such a system (26 hectares or 64 acres), the best location for the system would be at the south end of lot 21 in Concession 8. It should be noted that the system could be easily phased in as development occurs. . However, the development of one central wastewater treatment system to service Oro Centre may not be practical, because of the cost involved in developing the system. In addition, given that the system is to be located on one property, no other properties in Oro Centre can be developed until the one property owner indicates an interest in developing his lands. Official Plan Amendment No. 15 Township of ,Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 9 /yj ) J~ . On the basis of the above, it was suggested that the sewage generated by the proposed uses in Oro Centre could also be dealt with by a number of smaller stand-alone systems. These smaller systems can be planned to ultimately service only a quadrant, or planned to be eventually connected to a larger central system that services the entire area. . The consideratiDn of such a servicing scheme in a smaller area would ensure, that as many options as possible are Dpen for potential developers in the Oro Centre area. Flexibility is the key to attracting the required catalyst to the area. On this basis, appliciiitions to develop lands in Oro Centre, in the absence of there being a central wastewater treatment system in place, could be considered, provided the: use was considered appropriate; use conformed with the Oro Centre vision; and, servicing system will either be abandoned or form part of a larger communal system servicing in Oro Centre as development occurs. The MOE, in a letter dated August 10, 2001 supported this concept. The policies dealing with servicing are found in Section E4.3 of the Secondary Plan. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 10 I L\j ) 15 4.0 LAND USE CONCEPT On the basis of the above supporting information, below are the main elements of the land use plan: . Given that the Study Area is focused on an interchange, it is the intent of the Secondary Plan to direct the 'high profile' uses to the lands in the vicinity of the interchange. These 'high profile' uses include hotels, motels, convention centres, office uses and retail stores. These lands are expected to be serviced with communal water and sewer services and are designated either 'Commercial' or 'Officellndustrial'. Approximately 4.1 hectares (10.3 acres) is proposed to be designated 'Commercial' and 35 hectares (87.6 acres) are proposed to be designated 'Officellndustrial'. The remainder of the lands availablelsuitable for development in the Study Area will be set aside for industrial uses which use little or no water and generate minimal amounts of effluent. These lands will be designated 'Limited Service Industrial'. The development of buildings and structures in this designation will be discouraged. Examples of industrial uses in this area would be outdoor storage uses, trucking terminals and other similar uses. Examples of open space uses include baseball and soccer fields. It is not expected that these lands would be serviced by communal water or sewer services. The lands that are to be the site of the Highway 1117'h Line interchange have been set aside and placed in a special designation in the Secondary Plan. Over time, it is anticipated that existing uses within this designation will disappear. However, until such time as the Ministry of Transportation requires/acquires the affected properties, existing uses will be permitted to continue to exist. The total amount of land within the special policy area is 28.8 hectares (71.2 acres). I. I I I I I I Of the remaining lands, 3.5 hectares (8.8 acres) is proposed to be designated Agricultural to recognize their limited developability. An additional 1.1 hectares (2.8 acres) on the west side of Shelswelf Creek is proposed to be designated Commercial, to recognize two existing commercial uses. Lastly, about 4.9 hectares (12.2 acres) is proposed to be placed in the Environmental Protection designation. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 11 I~j ) 10 . On the basis of the above, the land use distribution is as follows: Oro Centre Commercial Oro Centre Office/Industrial Oro Centre Limited Service Industrial Environmental Protection Highway 11 Special Policy Area Commercial Agricultural 4.1 ha (10.3 acres); 35.0 ha (87.6 acres); 34.2 ha (84.7 acres); 4.9 ha (12.2 acres); 28,8 ha (7U acres); 1.1 ha (2.8 acres); 3.5 ha (8.8 acres); TOTAL 111.0 ha (275 acres) I I I I Official Plan Amendment No. 1 S Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 12 I ~j ) 17 PART II: THE AMENDMENT (This is the Dperative part of Official Plan Amendment No. 15) ITEM 1: Section D13 of the Oro-Medonte Official Plan is deleted and Section 014 of the Oro- Medonte Official Plan is re-numbered as Section 013. ITEM 2: All references of the Ora-Centre Industrial Commercial designation on the schedules to this Plan are deleted ITEM 3: Section C1.13 is deleted and SectionC1.14 is re-numbered as Section C1.13. ITEM 4: A new Section, Section E4 - Oro Centre Secondary Plan is added to the Oro-Medonte Official Plan, as set out below: E4 ORO CENTRE SECONDARY PLAN E4.1 GENERAL E4.1.1 Location The boundaries of the Oro Centre Secondary Plan Area are outlined on Schedule 'A'. E4.1.2 Purpose The purpose of this Plan is to establish a detailed development concept for infrastructure and land use in the Oro Centre Secondary Plan Area. More specifically, it is the intent of this Plan to: a) Establish the most appropriate mix of land uses that recognizes this unique location in the Township. I I I I I I b) Ensure that adequate and economical transportation networks are possible, and that the transportation network is adequately suppDrted by the proposed development pattern. c) Ensure that adequate and economical service infrastructure networks are possible to serve the anticipated development and that they can be phased in a way that is affordable. d) Ensure that appropriate Secondary Plan policies (including phasing policies) are in place to clearly and effectively guide the future development within the Secondary Plan Area. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 13 I~j ) I g E4.1.3 Goals Land Use a) To facilitate the development and redevelopment of Oro Centre in a comprehensive and progressive manner. b) To promote the evolution and growth of Oro Centre as a focal point of employment generating development and redevelopment according to the policies of the Oro-Medonte Official Plan. c) To ensure that the land uses developed within Oro Centre will complement and contribute to the vitality of the entire Township. Urban Design a) To encourage interesting and innovative urban design and built form, wherever feasible and appropriate. b) To ensure that neighbouring developments are physically compatible and respect existing conditions. c) To establish and confirm the details of new development and redevelopment through the preparation of implementing plans of subdivision or condominium, zoning by-laws, site plans and development agreements. d) To protect the ecological health and integrity of existing stream corridors and wetlands, Transportation a) To establish a road system that provides high levels of accessibility and mobility to all users including automobiles and trucks and which operates at satisfactory levels of safety, efficiency and reliability. b) To plan well in advance, in cooperation with the Province, for capital expenditures to ensure that infrastructure improvements are carried out at the appropriate time to promote the development of Oro Centre. c) To reserve and protect future roadway rights-of-way and interchange locations, Water, Stormwater and Sewer Services a) To plan for the improvement and/or extension of water, stormwater and sewer services to accommodate development as it occurs throughout Oro Centre. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 14 J~j ) I ~ b) To ensure that the long-term objectives of the Township in establishing a communal servicing system within Oro Centre are maintained and protected, while allowing individual projects to proceed in a compatible and timely manner. c) To provide for a system of stormwater management that will be designed to protect lands and receiving waters within and outside Oro Centre from the detrimental effects resulting from increased levels and rates of runoff. E4.2 DEVELOPMENT PLAN E4.2.1 Policies that Apply to All Designations a) Oro Centre is intended to become a mixed-use area, focused on employment generating land uses. The policies of this Section of the Plan refer to Schedule 'A', which identifies the land use designations. b) This Secondary Plan includes the following land use designations: ~ 'Oro Centre Commercial'; ii) 'Oro Centre Officellndustrial'; iii) 'Oro Centre Limited Service Industrial': iv) Highway 11 Special Policy Area; v) Agricultural; vi) Commercial; and, vii) 'Environmental Protection'. c) Lot sizes, building heights and density limits shall be established on a site specific basis and implemented in the zoning by-law, after consideration by the Township of: I I I I I ~ the long-term and interim servicing requirements of the proposed use or uses; ii) the parking requirements of the proposed use or uses; and, iii) development compatibility with any existing or proposed adjacent use or uses in terms of height, density and built form, Official Plan Amendment No. 1 S Township of Oro-Medonte Orf> Centre Secf>ndary Plan Prepared by Meridian Planning Consultants December, 2002 1S I~j ) 2.0 d) Built form policies will be implemented through the implementing zoninfj by-laws and through site plan control. Built form policies include: Q All buildings should be designed to front on adjacent streets, including Highway 11. In instances wherethrough lots are provided, buildings shall be designed so that all elevations facing a, street present a 'front' elevation; iQ Loading areas are not appropriate in any yard facing a street or Highway 11, unless they can be adequately screened from view, to the satisfaction of the Township; and, iii) Parking lots should be carefully sited to avoid unattractive parking lot views from Highway 11 and the 7'" Une. e) Oro Centre will be developed over a number of years. The review of all applications for development within Ora Centre shall ensure the most efficient and economical use of existing and proposed infrastructure, As such, all new development must contribute to, or can be appropriately integrated within the logical sequence of construction of all required sewer, water, stormwater and transportation facilities, f) No use that is likely to cause air pollution, odour or excessive noise shall be permitted. g) Sewer and water infrastructure and stormwater management facilities are permitted in any land use designation except the 'Environmental Protection' designation. E4.2.2 Oro Centre Commercial Designation a) It is the intent of this Secondary Plan that a broad range of commercial retail and business office uses be permitted within the 'Oro Centre Commercial' designation, taking advantage of the high visibility and accessibility offered by Highway 11 and the 7'" Une. b) Development within the 'Oro Centre Commercial' designation shall be visually attractive from Highway 11 and will set the tone for the high quality image of Oro Centre. c) Permitted uses in the 'Oro Centre Commercial' designation include: Q business offices and accessory retail uses; Official Plan Amendment No. 1 S Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 16 I tU ) ~I ii) retail stores; iii) personal service shops; iv) financial service establishments; v) fruit and vegetable markets; vi) motels; vii) hotels; . viii) conference centres; ix) recreational establishments; x) bus terminals and bus transfer stations; xi) animal hospitals; and, xii) medical clinics. d) Restaurants and nightclubs are permitted as an accessory use 10 a hDtel, motel, conference centre or recreational establishment. Stand-alone restaurants may also be permitted, provided they are a component of a comprehensively-planned development with a combination of permitted uses. e) No outdoor storage shall be permitted within Ihe 'Oro Centre Commercial' designation. E4.2.3 Oro Centre Officellndustrial Designation a) II is Ihe intent of this Secondary Plan to establish a substantial inventory of land that can be used for a wide variety of office and industrial land uses that will generate employment opportunities within the Township. b) Development within the 'Oro Centre Office/Industrial' designation that is adjacent to Highway 11 or the 7"' Line shall be visually attractive and will contribute to the high quality image of Oro Centre. I I I I I c) Permitted uses in the 'Oro Centre Officellndustrial' designation include: i) manufacturing, assembly, processing and fabrication uses: ii) warehousing uses; Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 17 Nj h~ iii) research establishments; iv) business offices; v) institutional uses such as places of worship; and, vij outdoor storage uses. d) Accessory retail uses shall also be permitted, provided the retail component of the use does not exceed 25% of the gross floor area. e) All outdoor storage areas shall be adequately screened from adjacent roadways. E4.2.4 Oro Centre Limited Service Industrial a) It is the intent of this Secondary Plan to designate areas that may not be serviced with municipal or communal waterfsewage services but that nonetheless can be used for industrial uses that will contribute to the economic health of the Township. b) Permitted uses in the 'Limited Service Industrial' designation are limited to outdoor storage uses, trucking terminals and similar uses. It is intended that the lands in this designation be primarily used for land extensive uses. The development of buildings in this designation will be discouraged and the implementing zoning by- law shall contain restrictions controlling the amount of building that can be developed on a lot c) All outdoor storage areas shall be adequately screened from adjacent roadways. d) Outdoor recreational uses such as baseball fields and soccer fields are also permitted. E4.2.5 Highway 11 Special Policy Area a) It is the intent of this Secondary Plan to ensure that lands required by the Ministry of Transportation for their Highway network be identified and protected from future incompatible development. b) It is recognized that a number of existing uses were located in the Highway 11 Special Policy Area on the date that this Secondary Plan was approved. It is a policy of this Secondary Plan that these existing uses be recognized as legal non-conforming uses by the Township. Such uses shall be subject to Section E4.7.2 (Existing Land Uses) of the Official Plan. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 18 ILfj h3 c) The development of new buildings, structures or uses on lands within this designation is not permitted. Minor additions to existing buildings may be considered, subject to the approval of the Ministry of Transportation. E4.2.6 Environmental Protection One Designation a) It is the intent of this Secondary Plan that all lands designated 'Environmental Protection One' shall be subject to the permitted uses and policies of Section 01 of the Oro-Medonte Official Plan. E4.2.7, Agricultural Designation a) It is the intent of this Secondary Plan that all lands designated 'Agricultural' shall be subject to the permitted uses and policies of SectiDn 02 (Agricultural) of the Oro-Medonte Official Plan. E4.2.8 Commercial Designation a) It is the intent of this Secondary Plan that all lands designated 'Commercial' shall be subject to the permitted uses and policies of Section 08 (Commercial) of the Oro-Medonte Official Plan. E4.3 SEWER AND WATER SERVICES While it is the intent of the Township that most of the new development will be provided with communal water and sewage treatment facilities, it is recognized that to start the initial phases of development, smaller stand-alone systems may be appropriate and feasible. Therefore, in the absence of communal servicing, stand-alone systems may be considered to service uses in the 'Oro Centre Commercial' and 'Oro Centre Officellndustrial' designations provided that the Township is satisfied that: ~ the use conforms to the designation provided in this Secondary Plan; I I I I I I i~ the proposed servicing system is economical to operate and has no adverse impact on the environment; and, iii) the proposed servicing system will either be abandoned or form part of a larger communal system servicing Oro Centre as development occurs. a) Under no circumstances will the Township approve development on the basis of a servicing strategy that precludes the establishment of a comprehensive communal servicing system in Oro Centre in the future. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning ,Consultants December, 2002 19 J~J h ~ b) The development of any new use in the 'Oro Centre Commercial' and 'Oro Centre Officellndustrial' designations shall be contingent on the preparation and the approval of a servicing strategy for the quadrant in which the proposed use is located. It is recognized that, as a result of the plans of the Province of Ontario to widen and upgrade the Highway 11, three of the four quadrants are capable of being developed. The strategy will have to consider the maximum amount of sewage that could be generated in the quadrant and will have to recognize that the maximum amount of effluent that can be generated in the Secondary Plan Area is approximately 380m3 of sewage per day, given current knowledge. The boundaries between the 'Oro Centre Limited Service Industrial' and the 'Oro Centre Commercial' and 'Oro Centre Officellndustrial' designations is considered to be flexible for the purposes of the strategy. c) Any servicing strategy must take into account the previously approved strategies and aim for a master servicing arrangement for Oro Centre. In addition, the servicing strategy must consider the impacts of development, from a servicing perspective, on the other areas set aside for development. The servicing strategy shall also consider the functional servicing relationships between quadrants to determine how serviceslfacilities that may be connected later on can be designed to be as adaptable as possible. d) If a private sewage system is deemed to be desirable and feasible for the first use in a quadrant, the sewage treatment system must either be the first stage of a communal system that facilitates future expansion or a self sufficient private system that will be abandoned when a communal system is established in the future. If the system is intended to be abandoned in the future once a communal system is established elsewhere, the Township will require the proponent to contribute financially to the establishment of a larger system through agreement. e) In order to ensure that a number of 'interim' servicing schernes are not established, it shall be a policy of this Plan that when the second development proceeds, a communal facility must be established which is designed to accommodate all development in the quadrant. The first development must be incorporated into the communal facility at this time. It is recognized that the conversion of a stand-alone system into a system servicing more than one use may be subject to the requirements of the Environmental Assessment Act. In this case the proponent would be responsible to implement the necessary process under the Class EA. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 20 I~j ) 2.5 f) The servicing strategy must also recognize that a reasonable amount of servicing capacity should be assigned to each quadrant, with the amount of capacity being generally related to the land area in the quadrant, which is net of roads, other infrastructure and environmental protection areas. This will ensure that all of the servicing capacity is not taken up in one quadrant. g) The development of any new use in the Secondary Plan Area shall be supported by a water resource management report. The purpose of such a report' is to investigate the impacts of any proposed water taking on water quality and quantity and provide recommendations on: ~ how to maintain or enhance the natural hydrological characteristics of the water resource; i~ how to minimize or eliminate the effect of the proposed use on the groundwater recharge function; iii) how to minimize or eliminate the effect of the proposed use on the quality and quantity of drinking water in adjacent private and municipal wells; iv) how to maintain or enhance sensitive groundwater recharge/discharge areas, aquifers and headwater areas; v) whether it is required to monitor water budgets for groundwater aquifers and surface water features: and, vQ how to ensure that the quality of the watercourses affected by the development are maintained. h) It is the intent of this Secondary Plan that uses in 'Oro Centre Limited Service Industrial' designation generate a minimal amount of effluent. On this basis, any application for development in this area must be supported by a hydrogeological assessment which confirms that a minimal amount of water and effluent will be generated. The assessment must also identify the impacts of the proposed use on the ability of the uses within the 'Oro Centre Commercial' and 'Oro Centre Office/Commercial' designation to be serviced by full communal water and sewer services. I I I I I Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 21 Hjj ) 2.G:. E4.4 THE TRANSPORTATION NETWORK a) It is the intent of the Township to ensure that the road system operates safely, efficiently and reliably. b) The road system must be developed in a cost-effective manner. Infrastructure should be affordable and funded through municipal taxes, development charges and/or other appropriate means. c) Schedule 'A' identifies the existing and ultimate road network~ The right-of-way widths for the various roads within Oro Centre are generally as follows: Q Highway 11 - To be determined by the Ministry of Transportation; iQ 7"' Line - 26 metres; and, iii) Service Roads - 20 to 26 metres. d) The exact location and configuration of the proposed service roads will be determined during the development approval process, e) All new road allowances shall be dedicated to the municipality during the development approval process. f) The timing of the improvements to Highway 11 contemplated by the Ministry of Transportation were unknown at the time this Secondary Plan was approved. The Province will be responsible for the upgrading of Highway 11. The Province and the Township will share in the cost of the upgrade to the 7th Line interchange based on benefiting needs. At the time this Secondary Plan was approved, a cost sharing agreement between the Province and the Township had not been established. Such an agreement, which specified the responsibilities of the Province and the Township and stipulating the trigger for required improvement will be required before any development proceeds in Oro Centre and before any of the lands are zoned to permit development. With respect to access to abutting properties, there will be a need for agreements between the Province, the Township and developers respecting individual access by a service road to abutting properties. g) All new uses will be directly accessed by service roads. Interim entrances to the 7"' Line may be permitted in advance of service road construction, subject to the approval of the Ministry of Transportation, Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 22 II./j J 2.$* E4.5 STORMWATER MANAGEMENT All commercial, industrial and institutional development proposals shall be supported by a Stormwater Management (SWM) report. The content and depth of the SWM report shall be determined when the development is proposed. It will be one of the objectives to show how the runoff from development will be managed to maintain or improve the receiving watercourse and its ecological functions. - The SWM Report shall be prepared by a qualified professional to the satisfaction of the Township and the appropriate agencies and be prepared in accordance with The Stormwater Management Practices Planning and Design Manual (1994) or its successor and shall: ~ a) provide recommendations on a stormwater quantity system which ensures that post-development run-off rates will not be greater than the pre-development run- off rates for storms up to and including the 1 :100 year storm event; b) document the possible impacts of development on watershed flow regimes including their interconnection with groundwater resources: c) provide recommendations on how to maintain pre-development water quality and improve the quality of run-off where appropriate; d) determine and describe the necessary measures required to be undertaken during construction to mitigate the potential negative impact of development. All stormwater management facilities in a Plan of Subdivision shall be placed in the Environmental Protection Zone in the implementing zoning by-law to reflect the potential for these lands to be flooded and to ensure that their intended use is recognized. Stormwater management facilities for condominium developments and other large single uses may be privately owned and maintained, Agreements with the municipality may be required as a condition of approval, to provide for their continued maintenance. E4.6 IMPLEMENTATION E4.6.1 General I I I a) This Plan shall be implemented through, but not be limited to, the following measures pursuant to the appropriate sections of the Planning Act and the Deve/opment Charges Act Q the processing of individual draft plans of subdivision/condominium, part lot control exemptions and consents: I I Offidal Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 23 I Lj J hg ii) the enactment of zoning by-laws; iii) the preparation and approval of site plans in accordance with the policies of this Plan. including the execution of site development agreements; iv) the use of holding zone provisions; v) the dedication of parkland or cash-in-lieu of parkland; and. vQ the enactment of an area-specific development charge by-law. - E4.6.2 Requirements for Development Applications . a) In evaluating development applications throughout Oro Centre, the Township shall consider: Q the adequacy of proposed parking areas and access points and the impact of the proposed use on the operation of Highway 11; ii) the traffic impacts on adjacent existing and/or approved land uses; iiQ the availability of a water supply and appropriate interim or communal sewer services; iv) the suitability of the proposed stormwater management facilities; and. v) the degree of compatibility with adjacent existing and/or approved land uses in proximity to the proposed use. b) Prior to the approval of any development application. the Township may require the preparation of any or all of the following studies: i) a traffic impact study; ii) a stormwater management plan; iii) a master servicing study; iv) a master development and phasing plan; v) a landscape master plan; vi) an archaeological survey of the lands: and/or, Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 24 /~j)2.Cf vii) a comprehensive site plan dealing with some or all of the following matters: the height and massing of buildings; the distribution of uses and densities; the vehicular circulation network; and, signage, streetscape amenity elements and lighting. . E4.6.3 Zoning By-law a) Zoning for Oro Centre will be established in response to individual development applications. As such, and where required, all new development shall proceed by way of site specific zoning amendments. b) The Township may designate a holding zone with the prefix 'H' and specify the future uses of these lands that, at the present time, are considered premature or inappropriate for development for anyone or more of the following reasons: Q community services and facilities such as the proposed sewage treatment facilities, stormwater management facilities and water supply are insufficient to serve the proposed development or are inappropriate based on the policies of this Plan; iQ transportation facilities are inadequate or inappropriate based on anticipated traffic; iiQ the number and/or location of access points to the site are inadequate and incapable of functioning safely and efficiently; Iv) where development relies upon other matters occurring first, such as the consolidation of land ownership, to ensure the orderly development of the project and/or the securing of funding for infrastructure, services or outstanding application processing fees; v) supporting studies as required on matters related to traffic, soils, protection of any site features, environmental constraints or design features prior to development approval; and, vQ removal of the 'H' prefix will depend on meeting the specific conditions as identified by Council within the holding zone by-law. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Se~ondary Plan Prepared by Meridian Planning Consultants De~ember, 2002 25 I i j ) 30 E4.6.4 Site Plan Control All lands within Oro Centreshall be subject to Site Plan Control. E4.6.5 Subdivision Control a) Subdivision Control encompasses draft plan of subdivision/condominium, consents and part lot control exemptions. b) Plans of subdivision/condominium shall only be recommended for apprDval which: o conform with the policies and designations of this Plan; ~ fi) can be provided with adequate services and facilities as required by the policies of this Plan; and, iii) are not premature and are in the best interest of the municipality. c) Subdivision of land shall generally take place by plan of subdivision/condDminium. Consents shall only be permitted: i) fDr technical or legal purposes; or. ii) where the municipality is satisfied that the consent will not prejudice the ultimate subdivision of land or the principles set out in this Plan and the Township's land use policy. d) Part Lot Control exemptions shall generally be permitted for technical or legal purposes, such as the creation of easements and rights-of-way. Where used to create lots, Council shall be satisfied that all necessary agreements are in place to ensure that appropriate development occurs and that the municipal interest is protected. E4.6.6 Development Agreements a) Development Agreements based on the policies of this Plan and the findings of any other studies deemed necessary by the Township, shall be entered into by the benefiting parties and approved by the Township as a condition of the ap- proval of development applications. b) Such agreements shall ensure that the necessary approvals and the required contributions of funds, lands and commitments for services will be in place and operative prior to. or coincident with occupancy and use of land, Items which may be addressed in the Development Agreements include: Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December. 2002 26 J~jJ31 Q open space and environmental features: iQ water supply; iiQ wastewater collection; Iv) storrnwater management; v) road infrastructure improvements; - vQ road right-of-way dedications; ,and, .. vii) other utilities. c) If difficulties or undue delays are encountered with respect to the preparation of the required Development Agreements among two or more proponents, the Township may be requested to attempt to resolve such difficulties or delays, Where resolution of such problems is not deemed feasible by the Township or is not possible even with the Township's intervention, the Township may approve al- ternative mechanisms to satisfy the intent of the applicable policy. E4.7 INTERPRETATION E4.7.1 General I I ~ . I I I I I I a) This Plan is a statement of policy. It is intended as a guide to the development of Oro Centre. Some flexibility in interpretation is permitted, provided the general intent of the goals and policies of this Plan are maintained. b) The various items identified on Schedules 'A' are intended to show general areas and the boundaries are flexible and may vary without Amendment to the Plan, except where designations are established by fixed boundaries such as river val- leys and roads or where specifically stated to be fixed in the policies of this Plan. c) Where lists or examples of permitted uses are provided, they are intended to indicate the possible range and type of uses that are to be considered. Specific uses not listed, but considered by the Township to be similar to the listed uses and to conform to the general intent of the applicable land use designation may be recognized as a permitted use and recognized in the implementing zoning by- law. d) Minor variations from numerical requirements in the Plan may be permitted without an Amendment provided that the general intent of the Plan is maintained. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 27 IJ./J )32.. E4.7.2 Existing Land Uses a) Existing land uses throughout Oro Centre are expected to continue to exist in the short to mid-term, and in some cases, in the long-term. Therefore, uses that existed prior to the approval of this Plan, and which do not conform with the land use policies of this Secondary Plan, shall be deemed to be legal non-conforming uses. b) Minor extensions or expansions of such uses shall be permitted without Amendment to this Plan, provided that the intent of this Plan is not compromised and the tests prescribed below are met. In consideration of such matters particular attention shall be given to ensuring that: . . i) the desire for communal water and sewage treatment facilities is not compromised or precluded in the long-term by the expansion or change; ii) the road pattern envisioned by this Plan is not compromised or precluded in the long-term by the expansion or change; iii) the expansion or change improves an existing and identified problem. iv) that the proposed expansion or enlargement of the existing use shall not unduly aggravate the situation created by the existence of the use, especially in regard to the requirements of the zoning by-law; v) that the characteristics of the existing use and the extension or enlargement shall be examined with regard to noise, vibration, fumes, smoke, dust, odour, lighting, parking and traffic generation; vi) that the neighbouring uses will be protected where necessary by the provisions for landscaping, buffering or screening, devices and measures to reduce nuisances and, where necessary, by regulations for alleviating adverse effects caused by outside storage, lighting or advertising signs; vii) provisions and regulations that may be applied to the proposed extension or enlargement are extended , where feasible, to the existing use in order to improve its compatibility with the surrounding area; and, vii) that in all cases where an existing use seriously affects the amenity of the surrounding area, consideration shall be given to the possibility of ameliorating such conditiDns, as a condition of approving an application for extension or enlargement of the existing use, especially where public health and welfare are directly affected. Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 28 l'fj ) 3.3 PART III: THE APPENDICES (this is not an operative part of Official Plan Amendment No. 15) .. ~ I , ~ I I I I I I Official Plan Amendment No. 15 Township of Oro-Medonte Oro Centre Secondary Plan Prepared by Meridian Planning Consultants December, 2002 29 .I .* ." \; .. .).. l -::r- K) TOWNSHIP OF ORO..MEDONTE ORO-CENTRE'SECONDARYPLAN SCHEDULE 'A' ---. -:r-: - ~ 1.~,1~' . InotaSUNey) LEGEND ~ Ora Centre Commercial .. Om CentreOfficellndU$lrial III Ora Centre LinlitedService Indu,strial .. ' . Environmental Proteclion C:J HIghwm' 11 Special Policy Area .. Commercial I I Agricultural ~2"EIUDIAII ~ \~~"""""'~mt'!$.~ ttmI!I