2002-012 To amend By-law No. 97-95 as amended, the Zoning By-Law for the Corporation of the Township of Oro-Medonte with respect to Concession 2, Lot 41 and East part of Lot 42, RP 51R030187, Part 1 (Medonte)
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ISSUE DATE:
February 26, 2004
DECISION/ORDER NO:
0428
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1\IIIIIIIa.--."-'
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
PL020211
Elizabeth Earle has appealed to the Ontario Municipal Board under subsection 34(19) of
the Planning Act, RS.O. 1990, c. P.13, as amended, against Zoning By-law 002-012
of the Township of Oro-Medonte
OMB File No. R020050
S. D. ROGERS
MEMBER
)
)
)
B E FOR E:
THIS MATTER having come on for public hearing and the Board having withheld its
Order until this day;
AND THE BOARD having received written confirmation from the Township of Oro-
Medonte that a site plan agreement for this proposal has been executed, containing the
provisions required to be included in the Minutes of Settlement filed as Exhibit 2 and
containing all other requirements of the municipality;
AND THE BOARD having received a zoning by-law amendment, with text modified to
eliminate any reference to a Holding Provision;
THE BOARD ORDERS that the appeal is allowed in part and By-law 2002-012 is
further amended in the manner set out and appended hereto as Attachment 1.
AND THE BOARD ORDERS that the appeal is otherwise dismissed.
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AlTACHMENT'1'
Case No. PL020211
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- 012
Being a By-law to amend By-law No. 97-95 as amended, the Zoning By-law for the
Corporation of the Township of Oro-Medonte with respect to Concession 2, Lot 41 and East
Part of Lot 42, RP 51 R-030187, Part 1 (Medonte) (Settlers Ghost Golf Course).
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass
By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, 1990 R.S.O. c. P13.
AND WHEREAS the owners of Concession 2, Lot 41 and East Part of Lot 42, RP 51 R-030187, Part 1
(Medonte), in the Township of Oro-Medonte have filed an application with the Township of Oro-
Medonte to amend By-law No. 97-95 as amended;
AND WHEREAS the passage of such a by-law will conform with the Official Plan;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it advisable
to amend By-Law 97-95 as amended;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
1. Schedule A 14 to Zoning By-law No. 97-95 as amended, is hereby further amended by
rezoning Concession 2, Lot 41 and East Part of Lot 42, RP 51R-30187, Part 1 (Medonte)
from the Agricultural/Rural (AlRU) Zone to the Private Recreational ~xception 148
"PR*148" and Environmental Protection "EP" Zones as shown on Schedule 'A' attached
to and forming part of this By-law.
2. Section 7 EXCEPTIONS of By-law 97-_95 is hereby further amended by adding the
following new subsection:
"*148 Lot 41 and East Part of Lot 42. Concession 2. RP 51R-30187, Part 1 (Medonte)
NQtwithstanding any other provision in this By-law, a minimum 5 metre wide
buffer strip is required adjacent to the naturally occurring forest edge on the north
part of the lands denoted by the symbol *148."
3. This By-law shall come into effect upon the date of passage hereof, subject to the
provisions of Sections 34 (30) and (31) of the Planning Act, R.S.O. c. P13, 1990 as
amended.
BY-LAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY, 2002.
BY-LAW READ A THIRD TIMEAND FINALLY PASSED THIS 6th DAY OF FEBRUARY, 2002.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Mayor
Clerk
ATTACHMENT '1'
Case No. PL020211
Schedule IAI 10 By-La1M
This is Schedule 'A' to By-Law
passed the
day of
Mayor
J. Neil Craig
Clerk
Marilyn Pennycook
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1
~. AREA TO BE REZONED FROM THE AGRICUL TURALIRURAL (AIRU) ZONE TO THE PRIVATE
~ RECREATION EXCEPTION 148 (PR*148) ZONE.
II AREA TO BE REZONED FROM THE ENVIRONMENTAL PROTECTION (EP) ZONE TO THE PRIVATE
RECREATION EXCEPTION 148 (PR * 148) ZONE.
~ AREA TO BE REZONED FROM THE AGRICULTURALIRURAL (AIRU) ZONE TO THE ENVIRONMENTAL
~ PROTECTION (EP) ZONE.
500 0
~~
1000
J
1:30,000
2000m
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Township of Oro-Medonte
TOWNSHIP OF ORO-MEDONTE
TO:
Attachment to By-Law No. 2002-012
FROM:
Janette Teeter
DATE:
February 17, 2004
SUBJECT: By-Law No. 2002-012
Please note:
Awaiting OMB correction per January 28, 2004, Committee of the Whole meeting, Item
9c)
~
ISSUE DATE:
PL020211
Jul. 15, 2003
DECISION/ORDER NO:
0953 ~-,...
Ontario
Ontario Municipal Board
Commission des affaires municipales de /'Ontario
Elizabeth Earle has appealed to the Ontario Municipal Board under subsection 34(19) of the
Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 2002-012 of the
Township of Oro-Medonte
OMB File No. R020050
APPEARANCES:
Parties
Counsel*/AQent
FSP Holdings Inc.
D. C. Hindson*
E. Earle
I. J. Rowe*
Township of Oro-Medonte
N. McDonald
MEMORANDUM OF ORAL DECISION DELIVERED BY S. D. ROGERS ON
JUNE 23. 2003
FSP Holdings Inc. owns approximately 116 acres of land located on the north
side of Horseshoe Valley Road in the Township of Ore-Medonte (Township). The site is
designated Rural with Environmental Protection Two overlay in the Township Official
Plan. FSP Holdings Inc. applied to the Township to rezone the property from
Agricultural/Rural and Environmental Protection to Private Recreational and
Environmental Protection to permit the development of an 18-hole golf course and
protect a steep forested slope on the north end of the property.
The Township, after reviewing the requested traffic and agriculture environmental
reports and after holding a public meeting, amended the Zoning By-law by By-law 2002-
012. The By-law was appealed to this Board on February 28, 2002 by a neighbour,
Ms E. Earle.
At the hearing of this matter, the Board was advised that the parties had resolved
the issues which related primarily to the hydrogeological impact of the development on
water sources in the area.
The Board heard from Mr. Hindson and Mr. R. Hunter with respect to the
development proposal and the issues which arose between the appellant and the
developers.
- 2 -
PL020211
The Board accepts the evidence of Mr. Hunter that the proposal, together with
the safeguards contained in the Minutes of Settlement and other requirements to be
contained in the Site Plan Agreement, conforms with the policies of the Provincial Policy
Statement and the County and Township Official Plans.
In particular, the Minutes of Settlement establish a water monitoring program for
three nearby wells and an action plan, should any adverse impact be identified, as well
as a requirement for the developers to contribute on a pro rata basis to any water
monitoring program set up in the next three (3) years for the Coldwater River
Watershed.
Therefore, the Board finds that the golf course proposal is appropriate and
represents good planning and will allow the appeal in part and will:
1. Amend By-law 97-95 of the Township of Ore-Medonte in
accordance with By-law 2002-12, filed as Exhibit 6 and
appended hereto as Attachment 1, provided that there is no
reference to a Holding Provision contained in Paragraphs 1
and 4 or on Schedule A.
Pursuant to the agreement, the Board will withhold its order until it is notified in
writing by the Township that a site plan agreement for this proposal has been executed,
containing the provisions required to be included in the Minutes of Settlement filed as
Exhibit 2 and containing all other requirements of the Township; and until the Town has
provided the Board with a zoning by-law amendment document, with text modified to
eliminate any reference to a Holding Provision. The Holding Provision is not required
given the Board's decision to withhold its order.
"S. D. Rogers"
S.D.ROGERS
MEMBER
Attachment 1 filed with original decision
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ATTACHMENT 1
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- 012
PL020211
Being a By-law to amend By-law No. 97-95 as amended, the Zoning By-law for the
Corporation of the Township of Oro-Medonte with respect to Concession 2, Lot 41 and East
Part of Lot 42, RP 51R-030187, Pari 1 (Medonte) (Settlers Ghost Golf Course).
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass
By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, 1990 R.S.O. c. P13.
AND WHEREAS the owners of Concession 2, Lot 41'and East Part of Lot 42, RP 51R-030187, Part 1
(Medonte), in the Township of Oro-Medonte have filed an application with the Township of Oro-:
Medonte to amend By-law No. 97-95 as amended;
AND WHEREAS the passage of such a by-law will conform with the Official Plan;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it advisable
to amend By-Law 97-95 as amended;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows: .
1. Schedule A14 to Zoning By-law No. 97-95 as amended. is hereby further amended
by rezoning Concession 2, Lot 41 and East Part of Lot 42. RP 51R-30187. Part 1
(Medonte) from the AgriculturallRural (AIRU) Zone to the Private Recreational
Exception 148 Holding Proyision (PR-148(H)) and Environmental Protection (EP)
Zone,s as shown on Schedule 'A' attached to and fonning part of this By-law.
2. By-law 97-95 is further amended by adding the following section:
"148 Lot 41 and East Part of Lot 42, Concession 2, RP 51 R-30187, Part 1
(Medonte)
Notwithstanding any other proYision in this By-law. a minimum 5 metre wide
buffer strip is required adjacent to the naturally occurring forest edge on the
,north part of the lands denoted by the t1ymbol -148..
3.
This By-law shall come into effect upon the date of passage hereof, subject to
the provisions of Sections 34 (30) and (31) of the Planning Act. R.S.O. c. P13.
4.
The Holding Provision shall not be removed until CouncR has executed a Site
Plan Agreement and it Is registered on tiUe.
BY-lAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY, 2002.
BY-lAW READ A THIRD TIME AND FINALLY PASSED THIS 6th DAY OF FEBRUARY,
2002.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
J,
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May ,Ian Beard
'JR.: ~ ) R. ~,,1 .
CI k, Maril'fO Pennycook
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I. Marilyn FWt~ a.tI of "-
Corporation 0I1he TOM....... d
Oro MedordII, do ...., ....uty .....
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Oro Station, Ontario Clerk
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Page 2 of 2
PL020211
ScJu~dule 'A't.o BJ'..Law 2002-012
This is Scbedule 'A' t4) JJy.Lnw 2002-012
e
J'pssed me 6th dB" of February, 2002
Moyer .& 11 .
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mm AREA TO BE REZONED FROM THEAGRJCUL, roRAI.JR, ' URAL(AJRU)ZONETOTImPRJVATE
~ RECREATION EXCEPTlON'148'r'R.148.(H)),Jfit1LDING ZONE '.,
. AREA TO BE REZONED FROM TliE ENVIRONMENTAL PROTECTION (EP) ZONE To THE PRIVATE .
RECREA TJON EXCEPTION 148 [ (pR. 148(H)) HOLDING ZONE
~ AREA TO BE REZONED FROM TIiE AGRlCUL1URAlJRURAL (AJRU) ZONE TO THE ENVIRONMENTAL
~ PROTEcnON (EP) ZONE.
500 0
L.._~
1000
I
1 :30,000
2000m
1
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. Townsbip of Oro-Medonte
raa-:l OP~ ILf
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- 012
.
Being a By-law to amend By-law No. 97-95 as amended, the Zoning By-law for the
Corporation of the Township of Oro-Medonte with respect to Concession 2, Lot 41 and East
Part of Lot 42, RP 51R-030187, Part 1 (Medonte) (Settlers Ghost Golf Course).
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass
By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, 1990 R.S.O. c. P13.
AND WHEREAS the owners of Concession 2, Lot 41 and East Part of Lot 42, RP 51R-030187, Part 1
(Medonte), in the Township of Oro-Medonte have filed an application with the Township of Oro-
Medonte to amend By-law No. 97-95 as amended;
AND WHEREAS the passage of such a by-law will conform with the Official Plan;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it advisable
to amend By-Law 97-95 as amended;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as
follows:
.
1. Schedule A14 to Zoning By-law No. 97-95 as amended, is hereby further amended
by rezoning Concession 2, Lot 41 and East Part of Lot 42, RP 51 R-30187, Part 1
(Medonte) from the Agricultural/Rural (A/RU) Zone to the Private Recreational
Exception 148 Holding Provision (PR*148(H)) and Environmental Protection (EP)
Zones as shown on Schedule 'A' attached to and forming part of this By-law.
2. By-law 97-95 is further amended by adding the following section:
"*148 Lot 41 and East Part of Lot 42, Concession 2, RP 51R-30187, Part 1
(Medonte)
Notwithstanding any other provision in this By-law, a minimum 5 metre wide
buffer strip is required adjacent to the naturally occurring forest edge on the
north part of the lands denoted by the symbol *148."
3. This By-law shall come into effect upon the date of passage hereof, subject to
the provisions of Sections 34 (30) and (31) of the Planning Act, R.S.O. c. P13.
4. The Holding Provision shall not be removed until Council has executed a Site
Plan Agreement and it is registered on title.
.
BY-LAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 6th DAY OF FEBRUARY,
2002.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
ji"
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~ ~~~41
May/r, Ian Beard
~ R~ ~-i
CI k, Marilyn Pennycook
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Schedule 'A' to B)'-Law
2002-012
e
This is Schedule 'A' to U:,,-Law
2002-012
)lInssed the 6th dB)' of February, 2002
.
MB)'Or
Clerk
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43
42
1
41
v~v.
'09
40 1
~ AREA TO BE REZONED FROM TlIE AGRIC,ULTURA, L/RURAL (A/RU) ZONE TO THE PRlV A TE
~ RECREATION EXCEPTION 148 ~PR * 148(H))H()LDING ZONE,
II AREA TO BE REZONED FROM THE ENVIRONMENTAL PROTECTION (EP) ZONE TO THE PRIVATE
RECREATION EXCEPTION 148 (PR*148(H)) HOLDING ZONE
~ AREA TO BE REZONED FROM THE AGRICULTURAL/RURAL (A/RU) ZONE TO THE ENVIRONMENTAL
~ PROTECTION (EP) ZONE.
500 0
~-~
1000
I
1 :30,000
2000m
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@
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, TO"TJIsJlip of Oro-Medonte
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