1999-033 To Adopt Official Plan Amendment No. 4 to the Township of Oro-Medonte Official Plan
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99- 33
BEING A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO.4 TO THE
TOWNSHIP OF ORO-MEDONTE OFFICIAL PLAN
The Council of the Corporation of the Township ofOro-Medonte, in accordance with the provision
of the Planning Act, hereby enacts as follows:
1. The attached explanatory text which constitutes Amendment No. 4 to the Official Plan of
the Township ofOro-Medonte, is hereby adopted.
2. The Planner is hereby authorized and directed to make application to the Ministry of
Municipal Affairs and Housing for approval of Amendment No.4 to the Official Plan of the
Township ofOro-Medonte.
3. This By-law shall come into force and take effect on the day of the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME, THIS7tlDAY OF APRIL
1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS7thDAY OF APRIL
1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
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Mayor - Ian Beard
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Clerk - Lynda Aiken
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AMENDMENT NO.4
TO THE
OFFICIAL PLAN FOR THE TOWNSHIP
OF ORO-MEDONTE
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AMENDMENT NO.4
TO THE OFFICIAL PLAN FOR THE
TOWNSHIP OF ORO-MEDONTE
The attached explanatory text constituting Amendment No.4 to the Official Plan for the
Township ofOro-Medonte was prepared and adopted by the Council of the Township of
Oro-Medonte by By-law No:lf~>1in accordance with the provisions of Sections 17 and 21
of the Planning Act RS.O. 1990, c.P. 13 on the day of
1999.
Clerk - Lynda Aiken
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AMENDMENT NO.4 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-
MEDONTE
INDEX
PAGE
The Constitutional Statement
1
PART A - THE PREAMBLE
2
Purpose
Location
Basis
2
2
2
PART B - THE AMENDMENT
3
Introduction
Details of the Amendment
3
3-4
PART C APPENDICES
Public Meeting Minutes March 17, 1999
Planning Report to Council dated December 16, 1998
Ministry of Transportation Letter dated March 16, 1999
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THE CONSTITUTIONAL STATEMENT
The following Amendment to the Official Plan for the Township of Oro-Medonte
consists of three parts.
P ART A THE PREAMBLE -
consists of the purpose, location and basis
for the Amendment and does not constitute
part of the actual Amendment
PART B THE AMENDMENT -
which sets out the actual Amendment and
consists of the text, constitutes Amendment
No.4 to the Official Plan of the Township of
Oro-Medonte.
PART C - THE APENDICES-
consists of information pertinent to this
Amendment in the form of background
information. This section does not
constitute part of the actual Amendment.
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P ART A - THE PREAMBLE
1.0 Purpose
The purpose of this Amendment it to add additional policies to the Agricultural and
Rural Designations to establish a list of criteria to be reviewed for the creation of lots to
correct situations where two or more lots have merged on title.
2.0 Location
This Amendment is general in nature and would apply to all lands within the boundaries
of the Township ofOro-Medonte which are within the Agricultural and Rural
designations.
3.0 Basis
This amendment originated from a number of property owners approaching the Township
Planner, Council, and the Committee of Adjustment for consents to re-create properties
which had originally been two or more lots at some point in the past. Previously all
proposals were denied by the respective authority as there was no basis to approve such
an application based on the Official Plan policies. This amendment will be reviewed at
the time of the five-year review to determine if this policy is still appropriate.
PART B - THE AMENDMENT
.
1.0 Introduction
All of this part of the Amendment entitled Part B - The Amendment, which consists of
the following text, constitutes Amendment No.4 to the Official Plan of the Township of
Oro-Medonte.
2.0 Details of the Amendment
The Official Plan for the Township of Oro-Medonte is hereby Amended as follows:
1. Section D2.3, Agricultural, of the Official Plan is hereby amended by adding the
following after subsection D2.3.9 and renumbering all subsequent sections
accordingly:
"D 2.3.10 The creation of new lots to correct situations where two or more lots have
merged on title
The creation of a new lots to correct a situation where two or more lots have merged on
title may be permitted, provided the Committee of Adjustment is satisfied that the new
lot:
a) Was once a separate conveyable lot in accordance with the Planning Act;
b) Is of the same shape and size as the lot which once existed as a separate conveyable
lot;
c) Can be adequately serviced by on-site sewage and water systems;
d) Fronts on a public road that is maintained year-round by a public authority; and
e) An entrance permit is available for the new driveway accessing the severed lot from
the appropriate authority, ifrequired.
In order to confirm that the lot to be created was once a conveyable lot, the Committee of
Adjustment will require proof, in the form of a registered deed that indicates that the lot
was once legally conveyable, and an explanation as to how the lot was merged with an
adjacent lot."
.
2. Section D3.3, Rural, of the Official Plan is hereby amended by adding the following
after subsection D 3.3.7 and renumbering all subsequent sections accordingly:
" D 3.3.8 The creation of new lots to correct situations where two or more lots have
merged on title
The creation of a new lots to correct a situation where two or more lots have merged on
title may be permitted, provided the Committee of Adjustment is satisfied that the new
lot:
a) Was once a separate conveyable lot in accordance with the Planning Act;
b) Is of the same shape and size as the lot which once existed as a separate conveyable
lot;
c) Can be adequately serviced by on-site sewage and water systems;
d) Fronts on a public road that is maintained year-round by a public authority; and
e) An entrance permit is available for the new driveway accessing the severed lot from
the appropriate authority, if required.
In order to confirm that the lot to be created was once a conveyable lot, the Committee of
Adjustment will require proof, in the form of a registered deed that indicates that the lot
was once legally conveyable, and an explanation as to how the lot was merged with an
adjacent lot."
pART C - APPENDICES
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TOWNSHIP OF ORO-MEDONTE
SPECIAL PUBLIC MEETING
March 17, 1999 @ 7:07 p.m.
PROPOSED OFFICIAL PLAN AMENDMENT
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Present:
Mayor Ian Beard
Deputy Mayor Don Bell
Councillor Lillian McConnell
Councillor Ralph Hough
Councillor Ron Sommers
Councillor Ruth Fountain
Absent:
Councillor Neil Craig - declared a pecuniary
interest
Staff Present:
Jennifer Zieleniewski, CAOrrreasurer, Andria
Leigh, Township Planner
Also Present:
A. J. Blauer (Packet and Times), Garth
Daniels, Rob Hazlett, Chris Hazlett
Mayor Beard called the meeting to order and advised that all persons
present would be afforded the opportunity of asking questions in respect
to the proposed official plan amendment.
It was noted that correspondence had been received from the
Nottawasaga Valley Conservation Authority indicating that they have
reviewed the application, and based on their mandate and policies, they
have no objections to its approval. Correspondence was also received
from the Ministry of Transportation indicating that they had a concern with
the amendment, and they proposed some new wording for certain
sections of that amendment. This information has been passed on to Ms.
Leigh.
Ms. Andria Leigh, Township Planner, gave an overview of the purpose
and effect of the proposed zoning by-law amendment.
Mr. Garth Daniels, Mr. Chris Hazlett and Mr. Rob Hazlett had questions
with respect to whether the amendment related to retirement lots, road
frontage requirements, survey requirements and the process required for
an application.
Motion No.1
Moved by Bell, Seconded by Hough
Be it resolved that this Special Public Meeting of Council re: a proposed
Official Plan Amendment to permit the Committee of Adjustment to
consider application for consent for properties to correct situations where
two or more lots have merged on title, now be at 7:14 p.m.
Carried.
A tape of the meeting is available for review.
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REPORT
Dept. Report To: Prepared By:
#1998-42 Council Andria Leigh
Subject & File #: Department:
Council
Official Plan Policy for Planning
C.ofW. creation of new lots to
., correct merger on title
Date :
Motion #
December 16, 1998
Date:
Background:
On a number of occasions requests are discussed with the Planner to recreate parcels of land which have
inadvertently merged on title for a variety of reasons. Currently the Official Plan does not contain policies to
permit the creation of lots to correction situations where two or more lots have merged on title. It is my
opinion that an Official Plan Amendment should be considered by Council in order to allow the Committee
of Adjustment to consider such applications.
Such an amendment can be considered by Council, notwithstanding Section 13 (Amendments to the Plan),
since the proposed amendment will deal with this issue of creating lots to correct situations where two or
more lots have merged on title on a comprehensive, rather than on a site-specific basis.
It is proposed that the Official Plan be amended to permit the Committee of Adjustment to grant severance
on properties which have merged on title. This proposed amendment has been presented to the Planning
Advisory Committee for their comments and is attached for Council's consideration.
The proposed policy is general in nature and provides the framework for the Committee of Adjustment to
consider with each application received. Each property owner would be required to apply for a consent
application and would be required to provide the appropriate deeds as indicated in the criteria. These deeds
can be obtained by the owner/applicant at the Registry office and are necessary to determine the original
parcel framework and size.
Upon approval of the proposed recommendation, a formal Public Meeting is required in accordance with
the Planning Act and the Township Official Plan. This meeting will ensure that the public may come to
Council to make their comments known. Notification of such a meeting would be done through the
newspapers.
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Recommendation:
1. That this report be received;
2. That a Public Meeting be scheduled to consider the attached Official Plan Amendment
Respectfully Submitted,
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aia Leigh, Hons. B.A., MCIP ,RPP
.er
attach(s).
C.A.O. Comments:
Date:
C.A.O.
Dept. Head ~ft; r
1.0 Details of the Amendment
Dbi~,.
The Official Plan for the Township of Oro-Medonte is hereby Amended as follows:
I. Section D2.3, Agricultural, of the Official Plan is hereby amended by adding the
following after subsection D 2.3.9 and renumbering all subsequent sections
accordingly:
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"D 2.3.10 The creation of new lots to correct situations where two or more lots
have merged on title
The creation of a new lots to correct a situation where two or more lots have merged on
title may be permitted, provided the Committee of Adjustment is satisfied that the new
lot:
a) Was once a separate conveyable lot in accordance with the Planning Act;
b) Is of the same shape and size as the lot which once existed as a separate conveyable
lot;
c) Can be adequately serviced by on-site sewage and water systems; and
d) Fronts on a public road that is maintained year-round by a public authority.
In order to confirm that the lot to be created was once a conveyable lot, the Committee of
Adjustment will require proof, in the form of a registered deed that indicates that the lot
was once legally conveyable, and an explanation as to how the lot was merged with an
adjacent lot.
2. Section D3.3, Rural, of the Official Plan is hereby amended by adding the following
after subsection D 3.3.7 and renumbering all subsequent sections accordingly:
"D 3.3.8
The creation of new lots to correct situations where two or more lots
have merged on title
The creation of a new lots to correct a situation where two or more lots have merged on
title may be permitted, provided the Committee of Adjustment is satisfied that the new
lot:
a) Was once a separate conveyable lot in accordance with the Planning Act;
b) Is of the same shape and size as the lot which once existed as a separate conveyable
lot;
c) Can be adequately serviced by on-site sewage and water systems; and
d) Fronts on a public road that is maintained year-round by a public authority.
In order to confirm that the lot to be created was once a conveyable lot, the Committee of
Adjustment will require proof, in the form of a registered deed that indicates that the lot
was once legally conveyable, and an explanation as to how the lot was merged with an
adjacent lot.
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Ministry of Ministere des
Transportation Transports
659 Exeter Road
London,ONT
N6E 1L3
Telephone: (519) 873-4597
Fax: (519) 873-4600
March 16, 1999
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. Lynda Aiken, Clerk
. Township of Oro-Medonte
P.O. Box 100
Oro, Ontario
LOL 2XO
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RE: Applicant: Township of Oro-Medonte
Submission No.: OPA -01/99
Lot: Various Concession: Various
County of Simcoe
Township of Oro-Medonte
The ministry has completed its review of the above noted amendment. The amendment has
been considered and reviewed in accordance with the requirements of our highway access
control policies and the Public Transportation and Highway Improvement Act. The following
outlines our comments.
The ministry advises that it has serious concerns with the amendment as presented. The
ministry will not grant entrance permits for the recreation of lots that have merged on title that
front on a provincial highway, unless they meet with our highway access control policies. In
order to satisfy the ministry's concerns, we would suggest that point (d) under the proposed
new subsections D 2.3.10 and D 3.3.8 is revised as follows:
(d) Fronts on a public road that is maintained year-round by a public road
authority, with the exception of a provincial highway under the jurisdiction
of the Ministry of Transportation. Creation of new lots that require access
to a provincial highway must meet with the Ministry of Transportation's
highway access control policies.
The ministry advises that entrance permits for the creation of lots that do not meet with our
highway access control policies will not be granted.
We would appreciate receiving a copy of the adopted official plan amendment should it obtain
approval. Should you have any questions, please contact our office.
(Tea1J1
Corridor Control Technician
Planning and Design Section
Southwestern Region, London
c. D. Thomas - Owen Sound District
C. Riepma - Corridor Policy Office
http://www.gov.on.ca/MTO
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