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10 12 2011 2011-ZBA-16 (Township of Oro-Medonte) (2)I:r:m�1n►r,A LQiY��,�fulUale NOTICE OF PUBLIC MEETING FOR PROPOSED AMENDMENT TO THE ZONING BY -LAW OF THE TOWNSHIP OF ORO- MEDONTE 2011- ZBA -16 (Township of Oro - Medonte) TAKE NOTICE that the Council of the Corporation of the Township of Oro - Medonte will hold a Public Meeting on Wednesday, October 12, 2011 at 7:00 p.m. in the Municipal Council Chambers. The purpose of the Public Meeting is to obtain public comments on a proposed Amendment to the Zoning By -law, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. THE PURPOSE of the proposed Zoning By -law Amendment is to rezone the lands described as Parts 3, 4, and 7 of 51 R- 37583; and Part 2 of Plan 51 R- 37762, located west of Line 2 South, south of Ridge Road West, and north of Bay Street in the Township of Oro - Medonte. The subject lands presently have no zoning classification, and are proposed to be zoned Open Space (OS) Zone, to permit a recreational use. A KEY MAP illustrating the location of the subject lands is provided below. ANY PERSON may attend the public meeting and /or make written or verbal representation either in support of, or in opposition to, the proposed Amendment.. If a person or public body that files an appeal of a decision of the Township of Oro - Medonte in respect of the proposed Amendment does not make oral submission at the Public Meeting, or make written submissions to the Township before the proposed Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the decision of the Township of Oro - Medonte in respect to the proposed Zoning By -law Amendment, you must make a written request to the address below WRITTEN SUBMISSIONS should be directed to: Township of Oro - Medonte 148 Line 7 South P.O. Box 100, Oro, Ontario LOL 2X0 Attn: J. Douglas Irwin, Clerk ADDITIONAL INFORMATION relating to the proposed Zoning By -law Amendment is available for inspection between 8 :30 a.m. and 4:30 p.m. at the Township of Oro - Medonte Administration Building. For further information, contact the Planning Department at 705 -487 -2171. DATED at the Township of Oro - Medonte this 22nd day of September, 2011. Andria Leigh, MCIP, RPIV Director of Development Services 2011- ZBA -16 (Township of Oro- Medonte) MARTINE CRESCENT W N.a► 100 �5v Q SUBJEGTL'ANDS Davies Howe Partners L L P Lawyers The Fifth Floor 99 Spadina Ave Taronto,ontaiio M5V 3P8 T 416,977 7088 F 416.977.8931 davieshowe.com Q� Please refer to: Kim Beckman e -mail: kimb @dauieshowexom October 11, 2011 By Facsimile Transmission Only to (705)487 -0133 Township of Oro - Medonte 148 Line 7 Oro, Ontario LOL 2X0 Attention: J. Douglas Irwin Township Clerk Dear Sirs and Mesdames: Re: Ronald McCowan - 2243 Ridge Road West, Township of Oro - Medonte (the "Township ") Proposed Zoning By -law Amendment to Rezone Lands described as Parts 3, 4 and 7 on Plan 5111-37583 and Part 2 on Plan 5111- 37762, south of Ridge Road West and north of Bay Street in the Township (the "Proposed Trail Lands ") and Proposed By -law to Authorize the Sale of the Proposed Trail Lands to the Couchiching Conservancy We are counsel to Ronald McCowan, the owner of lands located in the Township that have a municipal address of 2243 Ridge Road West. The Township entered into an easement agreement with Mr. McCowan on December 15, 2010 in relation to those lands described as Part 5 on Plan 51R- 37583, a copy of which is attached (the "McCowan Access Easement "). The Township granted a perpetual right to Mr. McCowan and his successors in title to utilize the McCowan Access Easement for access and egress to the McCowan property. The McCowan Access Easement provides the sole vehicular and pedestrian access to the McCowan property. Mr. McCowan does not object to the rezoning of the Proposed Trail Lands for trail purposes, however, he does object to the transfer of the Proposed Trail Lands to the Counchiching Conservancy upon the terms set out in the draft agreement that was provided to Mr. McCowan's land use planners earlier today. Page 2 D a v i e s As the attached plan indicates, the McCowan Access Easement immediately abuts H o w e the Proposed Trail Lands for a distance exceeding 416 metres. However, the draft P a r t ri e r s agreement between the Township and the Couchiching Conservancy (the L L P "Conservancy ") does not address critical aspects of this proposed land use relationship. Mr. McCowan is primarily concerned with the following: 1. The safety risks associated with a walking and cycling trail located immediately adjacent to the McCowan Access Easement where there is no physical separation between the two uses. The draft Conservancy agreement provided by Township staff contains no provision requiring this separation. The draft agreement only provides that the Conservancy is obligated to manage and maintain the trail system "to a standard acceptable to the Conservancy." This is wholly inadequate to address the real and ongoing risk of serious injury to individuals using the Proposed Trail Lands. The McCowan Access Easement is not illuminated and contains a sharp turn. Both of these factors heighten the risk of serious physical injury to pedestrians and cyclists if no physical barrier is erected. 2. Conflict between Mr. McCowan and his invitees using the McCowan Access Easement for vehicular purposes, on the one hand, and pedestrians or cyclists who would use the Proposed Trail Lands, on the other. This conflict exists presently, yet there is no provision in the Conservancy agreement, nor has the Township proposed any other measures to provide notice of this interface to individuals seeking to utilize the Proposed Trail Lands. 3. Liability for accident or injury that may occur on the McCowan Access Easement. The draft Conservancy agreement does not include any insurance requirement at all, much less a provision that protects Mr. McCowan from liability that may be associated with pedestrians or cyclists using the McCowan Access Easement unlawfully. Davies Id owe (partners L L P Page 3 4. There is no provision for any arrangement to coordinate the maintenance of the Proposed Trail System with Mr. McCowan's maintenance obligations pursuant to the McCowan Access Easement. The Couchiching agreement does not address the inevitable encroachment that will occur when the trail system is constructed adjacent to the McCowan Access Easement. These issues must be properly addressed in order to protect the interests of both Mr. McCowan and the Conservancy. For all of the above reasons, the rezoning of the Proposed Trail Lands and the transfer of the Proposed Trail Lands by the Township to the Conservancy is premature until the significant issues raised in this letter have been addressed. We therefore request that both matters be deferred for a period of one month in order to allow the parties time to properly address these matters. Sincerely, DAVIES HOWE PARTNERS LLP Kimberly L. Beckman KLB:klb cc. Andrea Leigh, Planning Director (by e -mail only) Ronald McCowan (by e -mail only) Kris Menzies, MHBC Planning Ltd. (by e -mail only) Made this t5' day of BETWEEN: WHEREAS the Townsh 2 (Oro), designated as I part of P.I.N. 58555 -001 EASEMENT AGREEMENT 2010 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE (hereinafter called "the Township ") - and - RONALD McCOWAN (hereinafter called "the Transferee ") is the owner of an unopened Road Allowance described as Part Lot 2, Range rt 5 on Plan 51R-37583, Township of Oro - Medonte, County of Simcoe (being (LT) (hereinafter called "the Easement Lands "); AND WHEREAS the Transferee is the owner of the property described as Part Lots 1 and 2, Range 2, (Oro), designated as Parr 3 on Plan 51R -4441, Township of Oro- Medonte, County of Simcoe (being the whole of P.I.N. 58555 - 0014 (LT) (hereinafter called "the Dominant Lands "); AND WHEREAS the Lands; NOW THEREFORE in consideration, the Tow. 1. The Township he on, under, along, "Easement Land; Lands for so Ion( the Dominant La Easement termin 2. The Transferee the Township d Agreement to rr clearing of the E There shall be r public Township had requested an Easement from the Township over the Easement sideration of the covenants herein contained, and other good and valuable and the Transferee hereto covenant and agree as follows: eby transfers to the Transferee the free uninterrupted right and easement in, upon and through the portion of the Township's lands described above (the ) for the purpose of residential access and egress to and from the Dominant as the Dominant Lands consist of one (1) residential lot. Any severance of ids would bring all easement rights granted hereunder to an end and the ;knowledges that the Easement Lands are not an assumed public road and �s not now, nor in any way will it be required by the entering into of this ntain or keep the Easement Lands clear. The year round maintenance and ;ement Lands shall be the responsibility of the Transferee at his sole expense. obligation on the Township to take over or assume the Easement Lands as a 2 3. The Transferee sl�Iall at his own expense and risk, within twelve (12) months from the date of execution of this Agreement, construct an access road, consisting of a minimum of 150 mm granular gravel, 7 etres in width throughout, and wholly within the limits of Part 5 as shown on Plan 51 R- 37583. I n so doing, all brush must be cut back so as not to encroach onto the road and all tree limbs Imust be cut back so as not to overhang or encroach onto the road for an elevation of no lesI than 4 metres from the top of the finished road. All mud, gravel and debris which may have f llen on the open portion of Bay Street in the course of construction shall be removed forthwithbv the Transferee. 4. There shall be no Structures, including gates, fences or posts erected on the Easement Lands; 5. In addition to the foregoing easerent rights, the Township agrees to the granting of such further easement rights Ior the installation of underground utilities, including lines for natural gas, telephone, cable telecommunications and hydro - electric services, within the limits of Part 5, Plan 51R-37583, the location of which shall be pre - approved in writing by the Township. All costs associated with the granting thereof to another approval authority, if required, including survey and legal casts, and all design and installation costs, shall be borne by the Transferee. i 6. The Transferee shall upon execution of this Agreement, and on or before the yearly anniversary date of this Agreement, provide the Township with proof of liability insurance for himself, his agents and invitees, in the amount of at least $5,000,000.00 over the Easement Lands naming the Township as an insured party. 7. The Transferee agrees that all legal and administrative costs incurred by the Township in the preparation and registration of this Agreement shall be borne by the Transferee. I IN WITNESS WHEREOF the Parties hereto have executed this Agreement at the Township of Oro - Medonte, County of Simcoe, this _ day of I�t '3c3 2010 by their signing officers duly authorized in that regard.' THE CORPORATION OF THE TOWNSAM OF,IRO- MEDONTE Hug Juglas ierk e have thk a.LAority to bind the corporation. RONALD McCOWAN P 1 N •Axe G PLalSIY 51R7 DEPOSITED UNDER THE 5 8 5 2 R I D G E y�g/1� -ss R 0 A D (C 0 O N T Y NSTM,EOT AREA 1 PR:1 OF Lot 2 W&T 2 efi.Di "49 : 3 0.427, a P 4 0.320 , f a J I,wo w. 1w - L.e •Axe G PLalSIY 51R7 DEPOSITED UNDER THE _ LAND TITLES ACT. 0 0 13 4 DAM S`EREMOER_10, 2010- DATE[ y�g/1� -ss R 0 A D R Tnt>s Dl U OF 5"JroE'61' A D 20) LON PW! PROPERTY IOEfPERTR AREA 1 PR:1 OF Lot 2 W&T 2 "491 OF WY 59155 -fA10 (LI) "49 : 3 0.427, a P 4 0.320 , f a 0,704 . z Mon . T EMS, B 031fi . d N r � x o J I,wo w. 1w - L.e �. 1.0 Pa P"u z 0 Y: c. LL✓S L9 w, LT) O a.ncLmx[.r as. N r! l"Inc ar.61 2 � ]:IT F'9 tItww nit.LP a H N 3 in x 00 sB LO Q N ..3, mw rt,u u' w• J3 a V r L,A pIPo rpt[ .r Fv EO a 96D1'10T LO Dw »)ki 1 8 F — ' �7:3tYs'2:lL4YE'r w: °Ek °ter �Pyh k ^01, (11 s..[o ee.n»z 1r IYI 6 'b� y1� `!,(7. >ab• s.oTSPaRrzxL a9 wr kwwl;l fi704' u in. L rta Y• V� 3 •q 4j 4J i4 0� "� ® i A A 9 r� nffi1 1 Ile u �3{ A s F 0 0 7 Y 4lsf )(STANCES SHOWN ON THIS PLAN ARE IN FEET AND CAN \ )E CONVERTED TO METRES BY MULTIPLYING BY 0.3048 I REOVIRE MS PLN! TO BE •Axe G PLalSIY 51R7 DEPOSITED UNDER THE _ LAND TITLES ACT. 0 0 13 4 DAM S`EREMOER_10, 2010- DATE[ y�g/1� -ss R 0 A D R Tnt>s Dl U OF 5"JroE'61' A D 20) LON PW! �. 1.0 Pa P"u z 0 Y: c. LL✓S L9 w, LT) O a.ncLmx[.r as. N r! l"Inc ar.61 2 � ]:IT F'9 tItww nit.LP a H N 3 in x 00 sB LO Q N ..3, mw rt,u u' w• J3 a V r L,A pIPo rpt[ .r Fv EO a 96D1'10T LO Dw »)ki 1 8 F — ' �7:3tYs'2:lL4YE'r w: °Ek °ter �Pyh k ^01, (11 s..[o ee.n»z 1r IYI 6 'b� y1� `!,(7. >ab• s.oTSPaRrzxL a9 wr kwwl;l fi704' u in. L rta Y• V� 3 •q 4j 4J i4 0� "� ® i A A 9 r� nffi1 1 Ile u �3{ A s F 0 0 7 Y 4lsf )(STANCES SHOWN ON THIS PLAN ARE IN FEET AND CAN \ )E CONVERTED TO METRES BY MULTIPLYING BY 0.3048 I REOVIRE MS PLN! TO BE •Axe G PLalSIY 51R7 DEPOSITED UNDER THE O' LAND TITLES ACT. RECOVER AND DEPOSITED DAM S`EREMOER_10, 2010- DATE[ y�g/1� -ss C.T. 0 WA %O@INN FOR THE LWO F110 W ONTARIO WID SURVEYOR S Tnt>s Dl U OF 5"JroE'61' SCHEDULE OF PARTS PART LOT LON PW! PROPERTY IOEfPERTR AREA 1 PR:1 OF Lot 2 W&T 2 "491 OF WY 59155 -fA10 (LI) "49 : 3 0.427, } VMS, 4 0.320 , 5 0,704 . B Mon . T EMS, B 031fi . PLAN OF SURVEY OF PART OF LOT 2, RANGE 2 (GEOGRAPHIC TOWNSHIP OF ORO) TOWNSHIP OF ORO— MEDONTE COUNTY OF SIMCOE e m v m to FEET I Inch . 40 t[ C.T. STRONGMAN O.L -S. 2010 Proposed Trail Lands McCowan Access Easement � O 2 6 2 55"D 1 P Q �N R E G 61 � �> Sy[e9lpb uisn �i} 3eayT ,iar.>y1M PART 7 R p. w 9.00• �` X[970• Yi b 4a OF leas 10 CP y SAS Ii§) 65 }yl "7 0. •� DAY A (P N �Qg4tl �la•c� N59S4'AO' r � IiP% � boM �Imsa "IiCi �A tp- i A 0. CP i L O NOTES LEGEND SURVEYOR'S CERTIFICATE C.T. STRONGMAN SURVEYING LT: 8l1NRS ARE A51RONOM. DFANED l WT PORD0I1 OF THE EASTERLY LIM OF RAAi a, SR - DVgiES SINALy01 IROR ew I CERTIFY TMTMT' Ontario Land Surveyors OFP091E0- PI/JI SlR -aNl. NAWM. A PUFRN N N21'ST'90W. AS 91gA11 iNFAEON. 558 - DENOTES SHOR! 5lNIDLRO YA.'! BIA 1) RD9 SVR\S1 No PUN IRE OgTRELi man m AKORD010E e11H 4145 i4rnL:0e line D 1iilES ftl WUPOS 0764 R.R. NR. 4.7051 (P) - REFERS TO DDa091EO PLAY SIR -4441 M. - OFIi01FS ROR w R00ttO AYD T2 YME Vl01ER M[ Y, 9- Tek00one !]09) }29_0]85 WA q-�O'L G . Q � �� G� / r r � � r aci ka�,y6�I- I-, . PUBLIC 4EETING FOR. PROPOSED AMENDMENT TO THE TO\AfNSHIPS ZONING BY-LAW 97 -95 ZONING BY -LAW AMENDMENT APPLICATION 2011- ZBA -16 Parts 3, 4, and 7 of Plan 51R- 37583, and Part 2 of Plan 51R -37762 Township of Oro - Medonte (former Township of Oro) 2011 -ZBA- 16 Public Meeting October 12, 2011 o Purpose of Meeting - To obtain public comments on a proposed amendment to the Township's Zoning By -law 97 -95, as amended. The proposed Zoning By -law Amendment would apply to lands described as Parts 3, 4, and 7 of Plan 51 R- 37583, and Part 2 of Plan 51R-37762 (former Township of Oro). o Application 2011 - ZBA -16, proposes to permit a trail use to take place on the subject lands. The subject lands are not presently zoned. El Parts 3, 4, & 7 Part 2 3.05m(10ft) On Bay Street 3 m (9.8 ft) On Ridge Road West 0.26 ha (0.65 ac) 0.026 ha (0.6 ac) :1 0 AM zo>>- zBA -16 __ MIN IN, 20i VZBA- 16 s� 2011 m-ZBA- 1 6 2011 o-ZBA- 16 �ir1 l r ll: - V• Lt ` .V 1 4 _ y �ir1 l r ll: - V• Lt ` .V 1 z011 r-ZBA- 16 INA . 1 0 d ' R / ,�IM1.I, • / r�i • q' / yr r r.' � `b f i v M1 r. yr _rA 1 rA pop Oi 1 r w' A/ ,-Foe 'r f � M� f `b f i v M1 r. yr _rA 1 rA 2011 -ZBA- I 1p , 4"�s i. n �d a. �F r yam, * K ~ A W-- NO 9stR 'JRFN K w* S--- 2011 -ZBA- 16 Public Meeting October 12, 2011 o Official Plan designation: "Rural Settlement Area" o Questions or comments from Members of Council or the Public.