2009-062 Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas and to Repeal By-law No. 2008-069THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-062
Being a By-law to Designate Areas of the Township of Oro-Medonte
as Site Plan Control Areas
and to Repeal By-law No. 2008-069
WHEREAS the Official Plan of the Corporation of the Township of Oro-Medonte was
approved by the Minister of Municipal Affairs on August 15, 1997;
AND WHEREAS Council for the Corporation of the Township of Oro-Medonte establish
Site Plan Control policies in the Official Plan for the Township;
AND WHEREAS Section 41(2) and 41(3) of The Planning Act, RSO, 1990 c. P, 13, as
amended provides that where in an Official Plan an area is shown or described as a
proposed Site Plan Control area, the County of the local Municipality in which the
proposed area is situate may, by by-law, designate the whole or any part of such area
as a Site Plan Control area and further that Site Plan Control areas may be designated
on the basis of their zone category in the Township's Zoning By-law;
AND WHEREAS Council deems it advisable to provide for Site Plan Control areas in
order to provide for the orderly development of commercial, industrial and other special
areas within the Township;
NOW THERFORE the Council for the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. Definitions
(a) "Council" means the Council for the Corporation of the Township of Oro-
Medonte.
(b) "development" means the construction , erection, or placing of one or
more buildings or structures on land or the making of an addition or
altering to a building or structure that has the effect of substantially
increasing the size or usability thereof, or the laying out and establishment
of a commercial parking lot or of site for the location of three or more
trailers as defined in Section 168(5) of the Municipal Act 2001, S.O. 2001,
c.25, as amended, or of site for the location of three or more mobiles
homes.
(c) "person" means an individual, association, firm, partnership, corporation,
trust, incorporated company, or other legal representatives of a person to
whom the same can apply according to law.
(d) "Township" means the Corporation of the Township of Oro-Medonte.
(e) "zoning by-law" means the Township of Oro-Medonte Comprehensive
Zoning By-law, as amended.
2. Lands and Uses Subject to Site Plan Control
2.1 The following Zones in By-law 97-95, as amended, are designated as a Site Plan
Control area in accordance with Section 41(13)(a) of the Planning Act, R.S.O.
1990 C.P. 13, as amended:
ZONE
LANDS/USES SUBJECT
EXCEPTIONS WITHIN
TO SITE PLAN
ZONE
CONTROL
Agricultural/Rural (A/RU)
Bed and Breakfast
All other classes of
Zone
establishments and home
development within this
industries as defined by
zone.
By-law 97-95; as well as
the enlargement,
renovation or addition to
a dwelling unit located on
an existing private road,
unassumed road or
seasonally maintained
road.
Economic Development
All classes of
Expansion to existing
(ED) Zone
development within this
uses in this Zone that
zone.
involve an increase in
gross floor area of less
than 25 percent.
Future Development (FD)
All classes of
Conservation Uses
Zone
development within this
zone
Institutional (1) Zone
Places of Worship as
All other classes of
defined by By-law 97-95
development within this
zone.
Local Commercial (LC)
All classes of
Expansion to existing
and General Commercial
development within this
uses in this Zone that
(GC) Zones
zone.
involve an increase in
gross floor area of less
than 25 percent.
Private Recreation (PR)
Bed and breakfast
All other classes of
Zone
establishment, cross
development within this
country ski facilities, golf
zone.
courses, downhill ski
facilities and mountain
bike facilities as defined
b By-law 97-95
Residential Limited
The enlargement,
All other classes of
Service (RLS) Zone
renovation, or additional
development within this
to a dwelling unit located
zone.
on an existing private
road or individual right-of-
way.
Residential Two (R2)
Townhouses, multiples,
All other classes of
Zone
and apartment dwelling
development within this
units.
zone.
Rural Industrial (IR) and
All classes of
Expansion to existing
Local Industrial (LI)
development within this
uses in this Zone that
Zones
zone.
involve an increase in
gross floor area of less
than 25 percent.
2.2 The following uses, as defined by By-law 97-95, as amended, are subject to Site
Plan Control in any Zone where they may be located:
a) Bed and breakfast establishments;
b) Residential care home;
c) Farm produce sales outlets where on-site parking is proposed;
d) Kennels; and
e) Trailer parks.
2.3 All commercial and industrial uses permitted by way of exception in Section 7.0
of By-law 97-95, as amended, and all legal and non -conforming industrial and
commercial uses in any Zone are also subject to Site Plan Control.
2.4 The properties listed in Schedule Wand shown on Schedule V attached hereto,
and forming part of this by-law, are designated as Site Plan Control areas in
accordance with Section 41 of the Planning Act R.S.O. 190 C.P. 13, as
amended:
3 No person shall undertake any development in an area designated under Section
2 of this by-law unless the Council of the Township of Oro-Medonte has
approved its Site Plan and authorized the execution of a Site Plan Control
agreement.
4 The requirement for a Site Plan Control Agreement may be waived:
a) by the Council of the Township of Oro-Medonte when, in the Council's
opinion, the extent and nature of the development does not warrant an
agreement;
b) in the case of amendments to existing site plan agreements where the
Director of Development Services is of the opinion that the use and
development of the lands provided for in the original agreement remains
substantially unaltered;
c) where the Director of Development Services is of the opinion that the use
and development of the lands is considered minor in nature.
5 Every person who is required to enter into a Site Plan Control Agreement under
this by-law shall provide information on the development as authorized by
Section 41 of the Planning Act and contained on a "Site Plan Control Application"
form as may be approved by Council from time to time.
6 No building permit shall be issued for any development in the area designated
under Section 2 of this by-law until such time as an agreement has been
approved or the requirement for a Site Plan has been waived pursuant to Section
4 of this by-law.
7 Every person who contravenes this by-law is guilty of an offence and on
conviction is liable to a fine not to exceed $20,000.00 as provided for in the
Provincial Offences Act, R.S.O. 1990, Chap. P.33.
8 That By-law No. 2008-069 is hereby repealed in its entirety.
9 That Schedule `A' and Schedule `B' attached hereto shall form part of this by-law.
10 That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 13th DAY OF MAY, 2009
BY-LAW READ A THIRD AND FINALLY PASSED THIS 13th DAY OF MAY, 2009
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Rug
las Irwin
SCHEDULE 'A'
TO BY-LAW NO. 2009-062
The following properties are designated as Site Plan Control Areas in accordance
with Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended:
1. Lands zoned *31 in Comprehensive Zoning By-law 97-95 of the Township of
Oro-Medonte, described as E1/2 of Lot 22, Concession 8 (Oro), Township
of Oro-Medonte, Roll Number 4346-010-009-06700,240 Line 8 South
(Barrie Speedway)
2. Part of Lots 5 and 6, Concession 14, being Lots 5 and 6, Plan M-205, Part
1, RP51 R-14573 (Oro), Township of Oro-Medonte, Roll Number 4346-010-
005-21807-0000,14 Petherwin Place (Locke)
3. South Part of Lot 17, Concession 3 (Orillia), Township of Oro-Medonte, Roll
Number 4346-030-012-43100-0000, 18 Moon Point Drive (Cooke).
4. Lands designated Residential One (R1) Zone in Registered Plan 1464, Lots
23 and 24, Concession 11 (Oro), Township of Oro-Medonte - zoned with
Holding Provisions prior to September 16, 1998 (Ukrainian Camp)
5. Lands designated as Agricultural and described as East Part of Lot 17,
Concession 3, Township of Oro-Medonte, Roll Number 4346-010-002-
06300, 608 Line 3 North (Trans-Canada Pipelines)
6. Lands designated as Agricultural and described as West Part of Lot 15,
Concession 4 (Medonte), Township of Oro-Medonte, Roll Number 4346-
020-002-04000, 1071 Moonstone Road West (Hillsdale Correctional Camp).
7. Lots 1 to 13 inclusive, Plan 51 M-720, Township of Oro-Medonte.
8. Lots 16 to 28 and Lots 30 to 43 inclusive, Draft Plan of Subdivision 43T-
91031 (Buffalo Springs).
9. West Part of Lot 1, Concession 13 (6 Catherine Street).
SCHEDULES
TO BY-LAW NO. 2009-062