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04 10 2013 Council AgendaTownship o_ f Amid Heritage, Exciting Fiiture THE TOWNSHIP OF ORO- MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, April 10, 2013 6:00 p.m. - Closed Session 7:00 p.m. - Open Session Page 1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. b) Motion to Rise and Report. c) Shawn Binns, Director of Recreation and Community Services and Donna Hewitt, Director of Corporate and Strategic Initiatives, re: Acquisition /disposition of land (Nurse Practitioner Clinic). d) Andria Leigh, Director of Development Services re: Litigation affecting the municipality (County Official Plan Status Update). e) Doug Irwin, Director of Corporate Services /Clerk, re: Personal matters about an identifiable individual (Heritage Committee Applications). f) Doug Irwin, Director of Corporate Services /Clerk re: Acquisition /disposition of land (Line 11 North and 15/16 Sideroad, Part 3, Plan 51 R- 36354). [Addenda] g) Councillor Crawford re: Acquisition /disposition of land (Lake Simcoe Regional Airport). [Addenda] 5. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6. MINUTES OF COUNCIL AND COMMITTEES: 5 -16 a) Minutes of Council meeting held on Wednesday, April 3, 2013. 17 -19 b) Minutes of the Recreation Technical Support Group meeting held on Thursday, March 28, 2013. 7. RECOGNITION OF ACHIEVEMENTS: None. Page 1 of 174 Page 8. PUBLIC MEETINGS: 20 -24 a) 7:00 p.m. Township of Oro - Medonte, re: Proposed Building Permit Fee Schedule Revisions. 9. DEPUTATIONS: 25 a) Lisa Groves, Burl's Creek Family Event Park, re: Request to Designate 2013 Events as "Municipally Significant ". 10. REPORTS OF MUNICIPAL OFFICERS: 26 -50 a) Report No. CS12013 -01, Donna Hewitt, Director Corporate & Strategic Initiatives and Shawn Binns, Director of Recreation and Community Services, re: Tourism Simcoe County — Oro - Medonte Cycling Pilot Project Update. 51 -54 b) Report No. RC2013 -07, Shawn Binns, Director Recreation & Community Services, re: H.A.A.C.A Volunteer Day, Soap Box Derby — Request for Exemption By -Law 2006 -38. 55 -62 c) Report No. TES2013 -06, Jerry Ball, Director of Transportation and Environmental Services, re: Vehicle Purchase [To be distributed at the meeting]. 63 -66 d) Report No. TES2013 -07, Jerry Ball, Director of Transportation and Environmental Services, re: Simcoe Avenue Entrance [To be distributed at the meeting]. 67 -73 e) Report No. DS2013 -014, Andria Leigh, Director of Development Services, re: Zoning By -law Amendment 2012- ZBA -15 (Roger and Heather Kerslake) [Refer to Item 15a)]. 74 -78 f) Report No. DS2013 -015, Andria Leigh, Director of Development Services, re: Thatcher Plan — Proposed Redline Revision, Concession 8, Pt Lot 15, 2004 - SUB -02. 79 -83 g) Report No. DS2013 -016, Andria Leigh, Director of Development Services, re: Implementation of Holding Provision — Condition of Consent 2012 -B -34 (Horne). 84 -87 h) Report No. DS2013 -018, Andria Leigh, Director of Development Services, re: Site Plan Agreements (Democrat Maplewood Limited), 2013 - SPA -06, Lot 96, Plan 51 M -957, 2013 - SPA -07, Lot 95, Plan 51 M -957, and 2013 - SPA -08, Lot 118, Plan 51 M -957 (Former Township of Oro) [Refer to Items 15b) to g) inclusive]. 88 -98 i) Report No. DS2013 -019, Andria Leigh, Director of Development Services, re: Mike Mills Official Plan Amendment - 2012- OPA -03 and By -law 2013 -049 - A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte OPA No. 32 (Mike Mills) [To be distributed at the meeting][Refer to Item 15h)]. Page 2 of 174 Page 11. REPORTS OF MEMBERS OF COUNCIL: None. 12. CONSENT AGENDA: 99 a) Announcements of Interest to the Public . Concert by Anne Walker, Coulson Church, May 25, 2013 at 7:00 p.m. 100 -101 b) World Autism Day - Blue Jays Superfan - http: / /www.cbc.ca/ news /canada /story/2013 /04/03 /jays -stub. htmI Staff Recommendation: Receive. 13. COMMUNICATIONS: 102 a) Correspondence dated March 27, 2013 from Murray A. Greaves, re: Request for Exemption to By -Law No. 2009 -171, Being a By -law to License and to Regulate Refreshment Vehicles [Deferred from the April 3, 2013 meeting]. 103 -108 b) Correspondence dated April 2, 2013 from David Birnie and correspondence dated April 4, 2013 from Ralph Hayes, re: Moving of Hydro Line on Line 4. 14. NOTICE OF MOTIONS: None. 15. BY -LAWS: 109 -111 a) By -Law No. 2013 -041 A By -law to amend the zoning provisions which apply to lands within Part of Lot 1, Concession 10 (Former Township of Oro), 3270 Line 10 North (Roger and Heather Kerslake 2012- ZBA -15). 112 -123 b) By -Law No. 2013 -042 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 96, Plan 51M-957, as in 58533 -0320 LT ROLL # 4346- 010 - 003 -26596 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. 124 -135 c) By -Law No. 2013 -043 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 118, Plan 51M-957, as in 58533 -0342 LT ROLL # 4346- 010 - 003 -26618 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. 136 -147 d) By -Law No. 2013 -044 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as Page 3 of 174 Page 15. BY -LAWS: follows: Lot 95, Plan 51M-957, as in 58533 -0319 LT ROLL # 4346- 010 - 003 -26618 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE. 148 -149 e) By -Law No. 2013 -045 A By -law to remove the Holding symbol On lands described as follows: Lot 96, Plan 51 M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010- 003 - 26596. 150 -151 f) By -Law No. 2013 -046 A By -law to remove the Holding symbol On lands described as follows: Lot 118, Plan 51M-957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010- 003 - 26618. 152 -153 g) By -Law No. 2013 -047 A By -law to remove the Holding symbol On lands described as follows: Lot 95, Plan 51M-957 Township of Oro - Medonte, County of Simcoe Roll # 4346- 010- 003 - 26618. 154 -173 h) By -Law No. 2013 -049 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte OPA No. 32 (Mike Mills) [To be distributed at the meeting]. 16. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18. CONFIRMATION BY -LAW: 174 a) By -Law No. 2013 -048 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, April 10, 2013. 19. ADJOURNMENT: a) Motion to Adjourn. Page 4 of 174 6a) Minutes of Council meeting held on Wednesday, April ... THE TOWNSHIP OF ORO- MEDONTE REGULAR COUNCIL MEETING MINUTES �n lrMpn Council Chambers Prond Hrritqe, Cxri�iu�* Frrra�ra Wednesday, April 3, 2013 TIME: 9:03 a.m. 2010 - 2014 COUNCIL Staff Robin Dunn, Chief Administrative Officer; Paul Gravelle, Director of Present: Finance /Treasurer /Deputy CAO; Doug Irwin, Director of Corporate Services /Clerk; Andria Leigh, Director of Development Services; Jerry Ball, Director of Transportation and Environmental Services; Donna Hewitt, Director of Corporate & Strategic Initiatives; Shawn Binns, Director of Recreation and Community Services; Tamara Obee, Manager Health & Safety, Human Resources Also Joan Ellis, Sheila Craig, James Greaves Present: CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION: Mayor H.S. Hughes assumed the Chair and called the meeting to order followed by a private prayer /moment of reflection. 2. ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C130403 -1 Moved by Crawford, Seconded by Evans Be it resolved that the agenda for the Council meeting of Wednesday, April 3, 2013 be received and adopted. Carried. Page 1 of 12 Page 5 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C130403 -2 Moved by Hough, Seconded by Meyer 40 Be it resolved that we do now go in Closed Session at 9:04 a.m. to discuss Motion No. C130403 -3 Moved by Evans, Seconded by 1 Carried. Be it resolved that we do now Rise at 10:08 a.m. and Report on the Closed Session Item 4: d) Tamara Obee, Manager Health & Safety, Human Resources, re: Personal matters about an identifiable individual (Complaint). and that Closed Session Item 4: c) Councillor Crawford, re: Acquisition /disposition of land (Lake Simcoe Regional Airport). be brought forward to Item 17 Closed Session Items (Unfinished Items). Carried. c) Councillor Crawford, re: Acquisition /disposition of land (Lake Simcoe Regional Airport). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk. Motion No. C130403 -4 Moved by Meyer, Seconded by Hough Be it resolved 1. That the confidential verbal information presented by Councillor Crawford, re: Acquisition /disposition of land (Lake Simcoe Regional Airport) be received. 2. And That the CAO advise the City of Barrie of Council's decision. Carried. Page 2 of 12 Page 6 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. d) Tamara Obee, Manager Health & Safety, Human Resources, re: Personal matters about an identifiable individual (Complaint). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services /Clerk; Jerry Ball, Director of Transportation and Environmental Services; Tamara Obee, Manager Health & Safety, Human Resources. Motion No. C130403 -5 Moved by Crawford, Seconded by Evans Be it resolved 1. That Buffi Woronka be nominated as the 2013 Citizen of the Year as voted by the Citizen /Senior of the Year Advisory Group. 2. And That Buffi Woronka be advised of Council's decision under the Mayor's signature. Carried. Page 3of12 Page 7 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013 Motion No. C130403 -8 Moved by Meyer, Seconded by Hough Be it resolved 1. That Pat Shellswell be nominated as the 2013 Senior of the Year as voted by the Citizen /Senior of the Year Advisory Group. 2. That Pat Shellswell be advised accordingly under the Mayor's signature. 3. And That the Nomination be forwarded to Mario Sergio, Minister Responsible for Seniors, for the 2013 Senior of the Year Award under the CAD's signature. Motion No. C130403 -9 Carried. Be it resolved that the draft minutes of the Council meeting held on Wednesday, March 27, 2013 be adopted as printed and circulated. Carried. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: None. Page 4 of 12 Page 8 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. 10. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES2013 -05, Jerry Ball, Director of Transportation and Environmental Services, re: Streetlight Maintenance — Contract Extension. Motion No. C130403 -11 Moved by Evans, Seconded by Crawford Page 5 of 12 Page 9 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. Page 6 of 12 Page 10 of 174 6a) Minutes of Council meeting held on Wednesday, April ... c) Midland Public Library minutes of meeting held on February 14, 2013. Staff Recommendation: Receive. VA d) Nottawasaga Valley Conservation Authority minutes of meeting held on February 22 and highlights of meeting held on March 22, 2013. Staff Recommendation: Receive. e) Minutes of Lake Simcoe Region Conservation Authority meeting held on February 22, 2013 and highlights of meeting held on March 22, 2013. Staff Recommendation: Receive. Page 7 of 12 Page 11 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. Motion No. C130403 -16 Moved by Crawford, Seconded by Evans Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed: a) Announcements of Interest to the Public • Battle of the Badges, April 6, 2013, 8:00 p.m. - Oro Medonte Community Centre Arena, 71 Line 4 North; • Hawke n Firkin Pub Nite, April 6, 2013, 7:30 p.m. - Hawkestone Community Hall, 3 Allen Street; • Horticultural Society Meeting, April 8, 2013, 7:30 p.m. - Oro - Medonte Community Centre Banquet Hall, 71 Line 4 North. b) Correspondence dated March 18, 2013 from Wayne Wilson, CAO, Nottawasaga Valley Conservation Authority, re: NVCA 2013 Municipal Levy. Received. %k-, c) Midland Public Library minutes of meeting held on February 14, 2013. Received. Page 8of12 Page 12 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. b) Correspondence received March 19, 2013 from the Orillia & Area Physician Recruitment & Retention Committee and Orillia Soldiers' Memorial Hospital, re: Invitation to Long Service Awards, Thursday, April 25, 2013, 6:30 p.m. - The Dining Hall, Lakehead University, Orillia. Motion No. C130403 -18 Moved by Evans, Seconded by Crawford Be it resolved 1. That the correspondence received March 19, 2013 from the Orillia & Area Physician Recruitment & Retention Committee and Orillia Soldiers' Memorial Hospital, re: Invitation to Long Service Awards, Thursday, April 25, 2013, 6:30 p.m. - The Dining Hall, Lakehead University, Orillia be received. 2. That Mayor H.S. Hughes, Deputy Mayor Hough and Councillor Meyer be authorized to attend. 'X 3. And Further That the CAO's office RSVP accordingly. Carried. Correspondence received March 21, 2013 from Shanty Bay Nursery School, re for Donation. C) Motion No. C130403 -19 Moved by Meyer, Seconded by H Request Be it resolved 1. That the correspondence received March 21, 2013 from Shanty Bay Nursery School, re: Request for Donation be received. 2. And That the Township provide a donation for the Silent Auction. Carried. d) Correspondence dated March 25, 2013 from Wendy Sutherland, City of Barrie, re: Appointment to Lake Simcoe Regional Airport Board of Directors. Motion No. C130403 -20 Moved by Hough, Seconded by Meyer Be it resolved 1. That the correspondence dated March 25, 2013 from Wendy Sutherland, City of Barrie, re: Appointment to Lake Simcoe Regional Airport Board of Directors be received. 2. That the City of Barrie's appointments to the Lake Simcoe Regional Airport Board as outlined in the correspondence dated March 25, 2013 be approved. 3. And That the City of Barrie and the Lake Simcoe Regional Airport be advised of Council's decision under the Director of Corporate Services /Clerk's signature. Carried. Page 9 of 12 Page 13 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Page 14 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. 15. BY -LAWS: a) By -Law No. 2013 -040: A By -law to amend the zoning provisions which apply to lands within Part of Lot 22, Concession 3 (Former Township of Medonte), 6208 Line 3 North (Springvalley Farms (Elmvale) Ltd. 2013- ZBA -05). Motion No. C130403 -23 Moved by Crawford, Seconded by Evans 17. CLOSED SESSION ITEMS (UNFINISHED ITEMS): 'N a) Motion to go In Closed Session. Motion No. C130403 -24 Be it resolved that we do now go in Closed Session at 11:12 a.m. to discuss • acquisition /disposition of land. Carried b) Motion to Rise and Report. Moved by Lancaster, Seconded by Meyer Be it resolved that we do now Rise at 11:31 a.m. and Report on the Closed Session Item 4: c) Councillor Crawford, re: Acquisition /disposition of land (Lake Simcoe Regional Airport). Carried. Refer to Item 4c). Page 11 of 12 Page 15 of 174 6a) Minutes of Council meeting held on Wednesday, April ... Council Meeting Minutes — April 3, 2013. %CONFIRMATION BY -LAW: a) By -Law No. 2013 -039: Being a by -law to confirm the proceedings of the Council meeting held on Wednesday, April 3, 2013. Motion No. C130401 -26 Moved by Meyer, Seconded by Hough Be it resolved that By -Law No. 2013 -039 , being a by -law to confirm the proceedings of the Council meeting held on Wednesday, April 3, 2013 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 19. ADJOURNMENT: Motion to Adjourn. Motion No. C130403 -27 Moved by Evans, Seconded by Crawford Be it resolved that we do now adjourn at 11:33 a. Mayor, H.S. Hughes Douglas Irwin Carried. Page 12 of 12 Page 16 of 174 6b) Minutes of the Recreation Technical Support Group me... 7`n lrip al. F road Herifr rqe, Exdfiojln Viradn Thursday, March 28, 2013 THE TOWNSHIP OF ORO- MEDONTE RECREATION TECHNICAL SUPPORT GROUP MEETING MINUTES Council Chambers TIME: 7:05 p.m. 1. ADOPTION OF AGENDA a) Motion to Adopt the Agenda. Motion No. RTSG130403 -1 Moved by Regelink, Seconded by Ryr 'X A Carried 2. DISCLOSURE OF PECUNIARY INTEREST None declared. Page 1 of 3 Page 17 of 174 6b) Minutes of the Recreation Technical Support Group me... Recreation Technical Support Group Minutes — Thursday, March 28, 2013. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING: a) Minutes of the Recreation Technical Support Group meeting held on Thursday, February 28, 2013. Motion No. RTSG130403 -2 Moved by Crawford, Seconded by Regelink It is recommended that the draft minutes of the Recreation Technical Support Group meeting held on Thursday, February 28, 2013 be adopted as printed and circulated. 4. DEPUTATIONS: None. 5. COMMUNICATIONS: IN Carried. b) Shawn Binns, Director of Recreation and Community Services, re: Draft Special Events Policy Framework. Motion No. RTSG130328 -4 Moved by Regelink, Seconded by Rynard It is recommended that the information presented by Shawn Binns, Director of Recreation and Community Services, re: Draft Special Events Policy Framework be received. Carried. Page 2 of 3 Page 18 of 174 6b) Minutes of the Recreation Technical Support Group me... Recreation Technical Support Group Minutes — Thursday, March 28, 2013. c) Shawn Binns, Director of Recreation and Community Services, re: Carthew Bay Boat Launch Parking Partnership Proposal. Motion No. RTSG130403 -5 Moved by Crawford, Seconded by Regelink It is recommended that the verbal information presented by Shawn Binns, Director of Recreation and Community Services, re: Carthew Bay Boat Launch Parking Partnership Proposal be received. 6. NEXT MEETING DATE Thursday, April 25, 2013 at 7: 00 K 7. ADJOURNMENT a) Motion to Adjourn. Motion No. RTSG130328 -6 Moved by Rynard, Seconded by Crawford It is recommended that we do now adjourn at 9:05 p.m. Councillor Lancaster, Chair Carried. Carried. Marie Brissette, Committee Coordinator Page 3 of 3 Page 19 of 174 8a) 7:00 p.m. Township of Oro - Medonte, re: Proposed Buil... TOWNSHIP OF ORO- MEDONTE NOTICE OF PUBLIC MEETING RE: PROPOSED BUILDING PERMIT FEE SCHEDULE REVISIONS Council of the Corporation of the Township of Oro - Medonte has received a Building Division Staff Report Proposing Revisions to Fees & Charges Bylaw2012 -062, Schedule B- Building. Council has not yet taken a position on the proposed Building By -law Amendments or proposed Fee Schedule Revisions. Notice is being circulated in order to obtain public input. DATE AND LOCATION OF PUBLIC MEETING: Date: Wednesday April 10, 2013 Time: 7:00 pm Location: Council Chambers, Township of Oro - Medonte, 148 Line 7 South Oro THE BUILDING CODE ACT and subsequent Regulations, the Building Code, are, on an ongoing basis, amended by the Ministry of Municipal Affairs and Housing. Consequently, it is periodically necessary for the municipal Building By -Law to be amended to remain current with the Provincial legislation from which it is derived. SCHEDULE B to the Fees By -Law contains the municipal Building Division's Fees. Pursuant to the Building Code Act 7.(8) a Public Meeting is to be held when fee revisions are proposed to give Council and the general public the opportunity to ask questions, express concerns and discuss the proposal, prior to any decision by Council, relative to the proposed revisions. THE EFFECT of the proposed Fee Revisions is that several new categories of Building Permits are to be introduced, with correspondingly newly defined fees. Furthermore, some existing fees are proposed to be increased to better reflect the costs of administering those Building Permit categories and to ensure that general tax revenues are not required to subsidize those Building Permit processes, as per BCA 7.(2). FURTHER INFORMATION along with the proposed new schedule is available for review during business hours, in the Building Division, Township of Oro - Medonte, 148 Line 7 S, Oro, Ontario OR on the Township's website at www.oro - medonte.ca. For further information, you may also contact Bobbi Lovering, Chief Building Official (705) 487 -2171 during normal business hours or by e -mail at bloverinQ(a_oro- medonte.ca Dated at the Township of Oro - Medonte this 20'b day of March 2013 Building Division Township of Oro - Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Page 20 of 174 1. 2.1 8a) 7:00 p.m. Township of Oro - Medonte, re: Proposed Buil... SCHEDULE "B" BUILDING Calculation of Permit Fees Permit fees shall be calculated based on the formula given below, unless otherwise specified in the schedule. The minimum fee for a permit shall be $200.00 unless specifically stated as a flat rate. Any fee not determined in the following is determined at the discretion of the Chief Building Official. Permit Fee = Service Index (SI) x Total gross floor area (A) Note: Gross floor area (A) is measured to the outer face of exterior walls and to the centre of fire walls. Permit Fees Aft Building Classification & Construction: Non Residential Occupancies Group A (Assembly occupancies) Churches, Schools, Arenas, etc. Group B (Care occupancies) Detention, Nursing homes, Group homes a) New Construction b) Renovation / Alteration to the c) Accessory Buildings to the abo Group D (Business & Personal Services) Offices, Hair Salons, Banks, etc. Group E (Mercantile) Retail Stores, Supermarkets, Restaurants up to 30 seats, etc. a) New Construction b) Renovation / Alteration to the above c) Accessory Buildings to the above Group F (Industrial Occupancies) Warehouses, Manufacturing, etc. a) New Construction b) Renovation / Alteration to the above c) Accessory Buildings to the above Agricultural Buildings Service Index (SI) $ /ftz 0.80 0.35 0.45 0.75 0.35 0.45 0.50 0.24 0.45 0.20 (max) $800.00 Page 21 of 174 8a) 7:00 p.m. Township of Oro - Medonte, re: Proposed Buil... 2.2 Residential Occupancies Group C (Residential Occupancies) a) New Construction - gross floor area 0.88 b) Basement / Crawlspace - new construction 0.33 c) New or Alterations to an unfinished Basement 0.33 or Crawl Space under an existing home d) Renovation /Alteration/ finishing basement 0.33 e) Convert existing garage to habitable space 0.20 f) Accessory Building / Garage 0.45, (Min$200) g) Decks, covered porches, balconies i) Up to 200 sqft. Minimum fee ii) Over 200 sgft. At $300.00 h) Solid fuel burning appliance (woodstove, pellet stove, Minimum fee fireplace, etc.) 2.3 Other Miscellaneous Work: Portable Buildings (School portables, sales office of portables used as accessory buildings, etc) Tents (short term for special Up to 2,420 ft2 events or a summer season) aggregate area Flat Rate Minimum fee Minimum fee $300.00 $150.00 $300.00 Minimum fee Designated structures under Div A 1.3.1.1. $300.00 • Retaining walls, • signs under Div B 3.15, • Solar Collector on a building >5m2 total area, • Wind Turbine >3kW • Outdoor pool, public spa under Div B 3.11 & 3.12 • Etc. Plumbing Fixture units, as a plumbing permit Minimum fee Plumbing Fixture units as part of a building permit $8 /fixture unit Page 22 of 174 8a) 7:00 p.m. Township of Oro - Medonte, re: Proposed Buil... 2.4 Sewage System: Flat Rate Septic Size Verification $ 100.00 Holding Tank (Class 5) $ 250.00 Leaching pit (Class 2) $ 100.00 Sewage System Permit $ 400.00 Septic Bed Replacement $ 250.00 Septic Tank Replacement $ 150.00 a) 75% if administrative function only have been performed; b) 50% if administrative and plans examination functions have been performed; c) 25% if the permit has been issued and no field inspections have been performed subsequent to permit issuance; or d) 0% if any field inspections have been performed subsequent to permit issuance. 3.2 The permit fee shall be returned to the person named on the fee receipt, unless such person advises the Chief Building Official, in writing and prior to release of the refund, of a change in name, in which case the refund shall be returned to the person then authorized to receive it. Page 23 of 174 8a) 7:00 p.m. Township of Oro - Medonte, re: Proposed Buil... 4. Deposits & Securities 4.1 Lot Grading Deposit $ 2,000.00 Applicable for new construction as required by Township policies & procedures. Refundable upon satisfactory inspection minus any applicable charges. 5.2 Where a person is found to have commenced construction or demolition of a building without a permit having been issued, a flat fee of $75.00 (in addition to the permit fees) will be applied to cover the cost of administration and enforcement. Note: May be waived at the discretion of the CBO 5.3 Compassion fee Permit fees for a rebuild due to fire (fire restoration or a new build same size) will be charged at 50% of the determined fees, but no less than the minimum fee. go Page 24 of 174 9a) Lisa Groves, Burl's Creek Family Event Park, re: Req... 03 Apr 13 03:21 p Burl's Creek Park 7054876280 p.1 _ ios - q97 -o, 33 ( �.,:,,,;,,;•,.r�' ! REQUEST FOR DEPUTATION BEFORE COUNCIUCOMM {TTE %rY3 �, %��ClOrtfC� P,:ud rinn•r�.,l..�irii +,t Fiuur,• Any written or electronic submissions and background information for consideration by Council /Committee must be submitted to the Clerk by 4.30 pm on the Wednesday of the week prior to the preferred meeting. Electronic submissions should be submitted in Microsoft PowerPoint /Microsoft ord format. /� Preferred Meeting and Date: P I L ! ! V "' M am requesting deputation to speak: a) Qon my own behalf, or b) 17�` on behalf of a group I organization I association, if b), please state name of group/ organ izati0n/association below. D / LI / i I would like to use: ❑ projector ❑ laptop Name(s) of Speaker(s) A deputation wishing to appear before Council)Committee shall be limited to no more than two (2) speakers with a total speaking time of not more than ten (10) minutes. Subject of Presentation Please describe below, the subject matter of the requested presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Please note, if you intend to include handouts or a presentation using electronic devices, one (1) copy of any electronic presentation and fifteen (15) hard copies of the presentation including any handouts and are to be delivered to the Clerk's Office in accordance with the guidelines for DeputationsIDelegations outlined in the Township's Procedural By -law. SP i t/t fi-&-)q " — - Reason why this presentation is important to Council and to the municipality: f S Oc r? Gt �� 1 e i r'�i r fiT Ci 5 R r r Z e, A&Iwir / P � 5 � S T � GZ- >/" � S %� Chi � �`!�'� � • /�lC�. f Date of Request: 4�cj' f 3 C/ l Signature(s) off7Speaank?er(s): o Address: ` % Lff1 6 / �aC 1 Telephone: ✓ (r�� l Fax: `70S- 92 ����C 1 Email: it SGT bL) rk c ° cr,xv--� Note: Additional material may be circulated ! presented at the time of the deputation_ Scheduling will be at the discretion of the Clerk, and will be confirmed. There are no guarantees that by requesting a certain date(s) your deputation will be accepted, as prior commitments may make it necessary to schedule an alternate date suggested by the Clerk. Personal information on this form is collected under the legal authedty of the Municipal Act, S.O. 2001, e.25 as amended_ The information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of information and Protection of Privacy Act Questions about this collection should be directed to the Clerk's Office, The Corporation of the Township of Ora- Medante, 348 Line 7 South, Box 100, Oro, Ontario, LOL 2X0. 0112011 Page 25 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... W hi- vff REPOR T Fraud Heritage, Excitinxq Future Report No. To: Prepared By: CSI 2013 -01 Donna Hewitt, Director of Council Corporate & Strategic Initiatives; Shawn Binns, Director Recreation & Community Services Meeting Date: Subject: Motion # April 10, 2013 Tourism Simcoe County — Oro - Medonte Cycling Pilot Project Roll #: R.M.S. File #: Update RECOMMENDATION(S): Requires Action XX For Information Only It is recommended: 1. THAT Report CS12013 -01 be received, 2. AND THAT staff be directed to continue working with Tourism Simcoe County to implement the Oro - Medonte Cycling Pilot Project. BACKGROUND: Cycling has been identified by numerous levels of government, destination marketing organizations and businesses across the world and specifically within Ontario as a growing tourism sector. To quote the RT08 Cycle Tourism Assessment and Strategy dated June 2011, "A number of reports have been released, both in Canada and internationally, which show that there is a growing and affluent market for bicycle related tourism." Closer to home, The Ontario Tourism Premier - Ranked Tourism Destinations Framework Project for Simcoe County ( "The Lake Simcoe Tourism Assessment (LSTA) ") was completed in 2007. The project which included the Township of Oro - Medonte as well as 8 other municipalities /communities (Cities of Barrie and Orillia, Towns of Innisfil and New Tecumseth, Townships of Essa, Ramara, Severn and Mnjiikaning First Nation) identified five Core attractors for the region: Outdoor Recreation; Festivals and Events; Resort Experience; Gaming and Recurring Sports Competitions. Three emerging attractors were also identified, as attractors that have the potential to be future core attractors, with some investment in developing the product for the tourist market: Arts & Culture; Agri - Tourism and New Outdoor Recreation — specifically bike touring. CSI Meeting Date April 10, 2013 Report No CSI 2013 -01 Page 1 of 5 Page 26 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... More recently, the Road Cycling Community has identified the Township of Oro - Medonte as an ideal destination for Road Cycling. The quiet, paved roads combined with the terrain (hills, winding roads, forest cover, rolling farm lands etc.) and the proximity and easy access to /from the GTA have been identified as key reasons why our municipality is so desirable — riders have described our riding opportunities as "World Class ". In fact, a number of key competitive /charity road event organizers have located /relocated their events to the Township including the Centurion, United Way, and Pedal for the Past etc. From an Economic Impact perspective, based on a survey conducted at the 2012 Centurion race, on average riders spent $217 each (1,300 riders - for an estimated total spend of $282,000 +) and 53% indicated they spent at least 1 night (689 room nights +) in the area. On the Mountain biking side, the Township has received equal recognition much of which is attributable to the work of Hardwood Ski and Bike and from events /competitions such as the PanAm Games 2015 and the National Mountain Biking Championships — both to be hosted within the Township in the next few years. Moreover, the extensive trail networks within public lands i.e. Copeland Forest and County Forests are unique recreational and tourism assets which arguably possess some of Ontario's best single track trails. These areas also possess a number of challenges with respect to public use and divergent public opinion. Recognizing a significant opportunity, the Township in partnership with Tourism Simcoe County engaged a number of industry stakeholders to further explore the potential of further developing cycling in Oro - Medonte. A number of meetings were held with cycling enthusiasts (Road, Mountain,Trail) and business operators to further assess opportunities and gauge interest in a collaborative endeavor. A Core Committee was subsequently struck including representation from the Township, Tourism Simcoe County, Simcoe Cycling, Hardwood Ski and Bike as well as community volunteers, to develop a comprehensive cycling strategy with an aim to enhance opportunities for sport and recreation, further develop cycling infrastructure, strengthen industry and community partnerships, and to advance a Cycling Tourism product, initially within the Township as a pilot project but ultimately to be rolled out across the County. It was noted very early on that the Road Cycling segment and product was much further ahead within the municipality as compared to other types of cycling. The road paving program initiated by Council not only improved the roadways for motorists but opened the doors for road cyclists drawn to the Township for its topography, scenic roads, and limited traffic. With the road infrastructure, adequate parking at a number of facilities, established routes and the need to develop a strategy to address the influx of road cyclists, it was determined that in the short term the first priority should focus on Road Cycling and over the longer term develop Mountain and Trail Cycling as part of an overarching cycling strategy. Significant work has been completed to date: • Submitted'a multi -year collaborative Trillium Foundation funding application (total value: $199,000 over two years; decision to be announced April 9t", 2013) — a summary of the request is attached as Appendix A; • Developed four cycle routes based upon the Centurion event that was held in 2012, with modifications to direct cyclists away from busy roads (Horseshoe Valley, Ridge Road etc.) and from roads with potentially dangerous hazards (blind curves etc.); • Developed the GIS route portion of the road .cycling map in partnership with the County of Simcoe's GIS department; • Advertised and hosted two community information sessions in December; CSI Meeting Date April 10, 2013 Report No CSI 2013 -01 Page 2 of 5 Page 27 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... • Developed a "Cycling Strategy" section on the Township website which includes all information made available during the community information sessions and the draft routes; • Developed Cycle Friendly criteria for businesses modelled on the Welcome Cyclist program; • Outreach to Oro - Medonte businesses who, as a course of doing business, might interact with cyclists and are located within reasonably close proximity to our identified cycling routes; • Compiled all materials (editorial content, images, route development, mapping etc.) for a road cycling map — Cycling Map draft details attached as Appendix B; • Participated in the Toronto Outdoor Adventure Show (February 2013) and the Toronto Bike Show (March 2013) in collaboration with Tourism Simcoe County, Ontario's Lake Country, and Hardwood Ski & Bike; • An intercept survey of 417 respondents at the Toronto Bike Show was completed by The Resource Management Consulting Group (RMCG) — results attached as Appendix C; • Submitted a collaborative RTO7 funding application valued at $12,000. Depending upon success with grant applications next steps include: Phase 1: Refinement of Road Cycling within the Township - Become a "Cycle Friendly" community through the partnership between Tourism Simcoe County and Welcome Cyclist — Business Workshop to be held at Hardwood Ski & Bike, Tuesday, May 7th — 9:30 am; - Host two community cycling information sessions at the Municipal offices — May 7th, 5-8 pm and May 9th, 9 am —12 noon. - Hire a Cycling Project Coordinator; - Identify best practices and risk management standards; - Finalize, print and distribute the Road Cycling Map, - Develop and launch a Cycling website; - Install road safety and directional signs; - Develop an education program targeted at cyclists and motorists regarding "Share the Road "; - Implement an internet marketing strategy including social media with video and photo sharing and cyclist testimonials; - Complete two consumer (cyclists) market assessments: a). documentation of Oro - Medonte's cycle tourists experiences) and b) evaluation of BruceGreySimcoe presence at the 2014 Toronto Bike Show; - Continue to develop partnerships with other municipalities and counties; - Continue to market Road Cycling including attendance at 2014 Consumer Cycling Shows. - Promotion of cycling as a means of active transportation - Review opportunities to promote and encourage recreational road cycling Phase 2: Develop and implement a Mountain Biking /Trail Biking Strategy for the Township Phase 3: Document the strategy /process for development of comprehensive cyclinq strategy to be shared with other municipalities CSI Report No CSI 2013 -01 Meeting Date April 10, 2013 Page 3 of 5 Page 28 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: There are no financial commitments on behalf of the Township associated with this report. Implementation of the items identified above are contingent upon funding from Tourism Simcoe County, the Trillium Foundation or the RT07. If we are not successful with these applications, a reconsideration of our strategy will be completed with any Township financial resources brought forward for consideration by Council during the 2014 annual capital and operating budget deliberations. There are potential risks associated with the promotion of cycling within the Township. However, currently the cyclists are here and actively utilizing our roads. The Township needs to develop a plan to manage the risks associated with cyclists' utilizing our roads (shared road use (vehicles + cyclists). Through the implementation of the strategy identified above which includes: encouragement of the cyclists to ride on certain roads, the purchase and installation of safety related signs, development/execution of an education campaign and the identification of best practices for road construction /maintenance, we will be better positioned to mitigate our risks. POLICIES /LEGISLATION: CORPORATE STRATEGIC GOALS: Quality of Life: To contribute to an enriched quality of life for residents by maintaining Oro- Medonte's natural beauty and country-like character and by providing opportunities that encourage community participation in activities and recreational programs. Safe & Healthy Community: To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles. External Relations: To be recognized as a "good neighbour" with municipalities in the local area and to be proactive in promoting the interest of the township at the County, Provincial and Federal levels of Government and with private sector organizations. CONSULTATIONS: CAO ATTACHMENTS: Appendix A — Trillium Foundation Funding Application Summary Appendix B — Cycling Map Draft Appendix C — Toronto Bike Show Survey Results Report No CSI 2013 -01 Meeting Date April 10, 2013 Page 4 of 5 Page 29 of 174 1Oa) Report No. CS12O13 -01, Donna Hewitt, Director Corpo... CONCLUSION: Some cyclists have recognized the excellent cycling opportunities that are present within the Township of Oro - Medonte. Through the development of a cycling strategy, Oro - Medonte will be positioned to capitalize on the growth this Tourism segment represents, support a market development opportunity for our businesses, mitigate the risks to the municipality while encouraging active transportation and recreational cycling experiences for our residents. Respectfully submitted: Donna Hewitt Director Corporate & Strategic Initiatives CSI Report No CSI 2013 -01 Shawn Binns Director Recreation & Community Services April 10, 2013 Page 6of5 Page 30 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... Appendix A — Trillium Foundation Funding Application Summary Expense Item Year 1 (2013 -2014) Year 2 (2014 -2015) Total Cycling Strategy Coordinator $45,000 $45,000 $90,000 Website Development & Updating 7,500 3,500 11,000 Travel 3,000 3,000 6,000 Stakeholder Meetings 6,000 6,000 12,000 Counter Device 5,000 5,000 10,000 Directional Signs 35,000 35,000 70,000 Total $99,500 $99,500 $199,000 Page 31 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... Appendix B — Cycling Map Draft Map summary: - 27" x11" in size - Water resistant paper - No advertisements - Tourism Simcoe County design standard - Front includes: o Draft Map (attached), locator dots and legend /listing for businesses, points of interest etc. (attached) - Back includes: o 14 panels: ■ Panel 1 - Front Cover (Graphic, logos, website) ■ Panel 2 - Share the Road /education information • Panel 3 — Descriptive summary of the four routes ■ Panel 4 -7 - Route Profiles for each of the 4 routes (length, time to travel at specific speeds, elevation changes) + photos ■ Panel 8 — Back Cover - Fall Image, Locator map and contact information, Logos, Map Disclaimer ■ Panel 9 — Ontario's Lake Country information panel ■ Panel 10 — History of Oro - Medonte with photo ■ Panel 11 — Event Panel ■ Panel 12 — Local food panel ( Simcoe County Farm Fresh) ■ Panel 13 — Welcome Cyclist panel ■ Panel 14 — Tourism Simcoe County information Page 32 of 174 10a) Report No. CS12013 -01, Donna Hewitt, Director Corpo... 2 G 0 b O w 0 N m s s _ � m � G o lyC O O - C J p ❑ O Gi N LL N N m (D K CD '2 d 5 ti d. d U . 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Tvwnsliip o/� REPORT ��``���.��� Proud Heritage, Exciting Future Report No. RC2013 -07 To: Council Prepared By: Shawn Binns Meeting Date: April 10, 2013 Subject: H.A.A.C.A Volunteer Day, Soap Box Derby — Request for Exemption By -Law 2006 -38 Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. That Report RC2013 -07 be received and adopted; 2. That the Hawkestone and Area Community Association provide proof of $5,000,000 public liability insurance naming the Township of Oro - Medonte as additional insured of as per provision 3 of By -law 2006 -38; 3. That an exemption to By -Law No 2006 -38 be granted to the Hawkestone and Area Community Association to hold the Volunteer Day Celebrations, Soap Box Derby on Saturday April 20`h, 2013 upon receipt of proof of insurance; 4. That Line 11 South from Ridge Rd to Cedarbrook Crescent be temporarily closed on April 20, 2013 from 12:00 pm to 3:00pm inclusively; 5. That the Hawkestone and Area Community Association be granted permission to utilize Township temporary barricades on April 20, 2013; 6. And Further that the Hawkestone and Area Community Association and the Director of Transportation and Environmental Services be notified of Council's decision. BACKGROUND: By -Law No. 2006 -38 regulates the holding of parades or processions /events in the municipality. Section 8 of the above mentioned By -law permits that in a situation where a parade or procession /event will last less than 24 hours, Council may dispense with any or all of the requirements of the By -Law. The Hawkestone and Area Community Association has partnered with the Hawkestone Scouts, and the Hawkestone Community Hall Board to organize a Soap Box Derby as part of the Hawkestone Community Volunteer Day Celebrations on April 20th, 2013. Council has historically granted permission for this event to occur. This is the seventh year of the annual event. Recreation and Community Services April 10, 2013 Report No. RC2013 -07 Page 1 of 3 Page 51 of 174 10b) Report No. RC2013 -07, Shawn Binns, Director Recreat... ANALYSIS: On April 3, 2013 staff received a request from Jason Argent, President of the Hawkestone and Area Community Association ( HAACA), requesting permission to hold the event on April 20, 2013. The group requested the use of 6 temporary barricades to assist in the closing of Line 11 south of Ridge Rd to the Cedarbrook Crescent from 12:00pm- 3:00pm on April 20th. It is recommended that Council require proof of public liability insurance in the amount of ($5,000,000) from the Hawkestone and Area Community Association naming the Township of Oro - Medonte as additional insured as a provision of the aforementioned By -Law as there is an element of risk in the proposed Soap Box Derby, which will be taking place on Township property. The group also plans to exercise due diligence by ensuring proper supervision, enforcing the use of helmets for all participants in the Soap Box Derby, as well as having waivers completed for each participant. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: The organizing group has taken reasonable precautions to ensure the event will be run safely and that the risk to the municipality is minimized. In previous years HAACA has obtained $2,000,000 in liability; however it is recommended that the amount of coverage be increased to the Township's standard of $5,000,000. Recognizing that added coverage will come at an added cost the Township would provide financial support to HAACA through the special event allocation approved in the 2013 budget. POLICIES /LEGISLATION: • Bylaw 2006 -38 CORPORATE STRATEGIC GOALS: • Service Excellence • Quality of Life • Safe and Healthy Community CONSULTATIONS: • Director, Transportation and Environment Services • Director, Corporate Services ATTACHMENTS: HAACA request Recreation and Community Services April 10, 2013 Report No. RC2013 -07 Page 2 of 3 Page 52 of 174 10b) Report No. RC2013 -07, Shawn Binns, Director Recreat... CONCLUSION: The Hawkestone Volunteer Day draws significant community involvement and participation. The organizing group has taken reasonable precautions to ensure that the event will be run safely. The Township will also be protected with additional public liability coverage. It is recommended that Council grant this request to allow this event to occur again in 2013. Respectfully submitted: Shawn Binns Director, Recreation and Community Services SMT Approval / Comments: I C.A.O. Approval / Comments: d Recreation and Community Services Report No. RC2013 -07 April 10, 2013 Page 3 of 3 Page 53 of 174 10b) Report No. RC2013 -07, Shawn Binns, Director Recreat... [IAWKESTONE AND AREA COMMUNITY ASSOCIATION 4k 3 Allen Street, Hawkestone, Ontario (705) 487 -6471 www.Hawkestone.net April 3, 2013 To: Township or Oro - Medonte Mayor and Council From: Hawkestone and Area Community Association ( HAACA) Re: Soap Box Derby April 20, 2012 HAACA and 1St Hawkestone Scouts would like to respectfully request permission from Council to run a Soapbox Derby from Ridge Road down Line 11 South in the village of Hawkestone on Saturday April 20, 2013 from noon to 3 pm. Line 11 South would be closed to traffic between Ridge Road and Cedarbrook Crescent during this time. There will be no cost to the community for this event and will be run in conjunction with our pancake breakfast and silent auction fundraiser taking place the same day. 1St Hawkstone Scouts will also be running a free community BBQ during the Soapbox Derby. All donations made during the BBQ will be given to Hawkestone's Cuppage family whose son Sam is suffering from cancer. HAACA and 1st Hawkestone Scouts will undertake to purchase liability insurance in the amount of $2,000,000 naming the Township as additional insured to cover this event. Thank you for your consideration. I Jason Argent President, HAACA 705- 487 -5869 ja rgent@ icl- tech.com Page 54 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... REPORT Proud Heritage, Exciting Future () G Report No. TES2013 -06 To: COUNCIL Prepared By: Jerry Ball Meeting Date: April 10, 2013 Subject: Simcoe Avenue Entrance (MAS #8) Motion # Roll #: R.M.S. File #: RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No. TES2013 -06 be received and adopted. 2. THAT the Municipality purchases the lumber, supplies, and deliver to MAS # 8 on Simcoe Ave. 3. AND THAT Mr. Godin and Ms. Toth are advised of Council's decision, under the Director of Transportation and Environmental signature. BACKGROUND: In January 2009, Mr. and Mrs. Rogers, owners of Lots 71 to 75, Plan 709, former Township of Oro, applied for a boundary adjustment. The proposed boundary adjustment was to convey approximately 589.9sq.m (0.14 acres) from the subject property to the adjacent lot legally described as Lots 74 and 75 of Plan 709. The proposed retained lot would consist of approximately 0.11 hectares (0.3 acres). The applicants originally purchased 5 lots of subdivision Plan 709, specifically Lots 71 to 75. When the plan was deemed to no longer be a Subdivision, some of the lots merged on title. The applicant's solicitor has outlined that former lots 71, 72 and 73 of Plan 709 merged on title under one PIN and former Lots 74 & 75 merged on title under a separate PIN. Since one dwelling located on former Lot 73 encroaches onto Lot 74, the Rogers requested that the former Lot 73 be severed from former lots 71 & 72, and added to former Lots 74 & 75. The proposed lot addition resulted in a parcel of 589.9sq.m (0.14 acres), being added to an existing residential lot. With this boundary adjustment, the interior Lot Line was now within 1 meter of the home on Lot 73, and the driveway that provided access to this home was now part of the merged lots 71 and 72. The driveway for the merged Lots of 73, 74 and 75 is located at the northerly boundary. Transportation and Environmental Services April 10, 2013 Report No.TES2013 -06 Page 1 of 3 Page 55 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... After the boundary adjustments were completed, Lot 71 and Lot #72 (MAS #10) was purchased by Mr. Andrew Tereshyn, and Lots 73, 74 and 75 (MAS #8) were purchased by Mr. Marcel Godin and Ms. Dianne Toth. It was realized at this time that due to the new boundary adjustment the driveway that provided access to MAS #8 on Simcoe Ave. was now part of MAS #10, and the new property line was approximately 1 metre from Mr. Godin and Ms. Toth house wall on MAS #8. Mr. Tereshyn closed the existing driveway to MAS #10, but left the culvert in place in the road ditch so that this access could be used as a parking space. The existing driveway to the Godwin/Toth residence, that is now part of MAS #10, is now utilized by Mr. Tereshyn as the sole access to MAS 410, and a new well was also constructed within this driveway. Mr. Godin and Ms. Toth have expressed their concerns with this driveway being so close to their home, and have concerns with vehicles being parked so close to their home. As such they have requested that the driveway be moved to a new location, away from their lot line. In order to try and resolve this issue a letter was sent to Mr Tereshyn in June of 2012, requesting that the driveway be moved at the Municipality's expense, on the basis that the driveway did not meet the 3.0 metre setback from an interior lot line, as stated in the township Zoning By -Law. I ANALYSIS. I Upon review of this issue, it was observed that numerous driveways on Simcoe Ave. and Parkview Ave. did not meet the 3.0 meter setback from interior lot lines. This is due to the fact that Simcoe Ave. and Parkview Ave. are within an old plan of Subdivision, and the lot frontage is very narrow, which limits the location for most driveways. Mr. Tereshyn in his reply to the June 2012 correspondence has indicated that most driveways in this subdivision do not meet the 3.0 meter set back, and would challenge the Municipality, if his driveway were to be moved. Both staff and Councilor Crawford have met with Mr. Tereshyn, Mr. Godin, and Ms. Toth, on numerous occasions to try and resolve this matter, which to this point has been unsuccessful. Councilor Crawford met with Mr. Godin and Ms. Toth early in 2013, and made an offer that upon Council approval, the Municipality would supply the lumber and materials to build an 80 foot x 6 foot high privacy fence along their interior lot line. Mr. Godin and Ms. Toth would be responsible to erect the fence on their property. Mr. Godin and Ms. Toth have tentatively accepted this proposal upon Council approval. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Cost to purchase lumber and supplies to build an 80 feet x 6 foot privacy fence would be financed from Bridges and Culverts, within the Transportation Services budget. Transportation and Environmental Services April 10, 2013 Report No.TES2013 -06 Page 2 of 3 Page 56 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... POLICIES /LEGISLATION: Zoning By -Law CORPORATE STRATEGIC GOALS: Quality of Life, Service Excellence, External Relations, CONSULTATIONS: N/A ATTACHMENTS: Quotation from Home Hardware Building Centre for lumber and materials, Correspondence to Mr. Tershyn, dated June 27, 2012. CONCLUSION: In order to resolve this issue and bring closure to this matter, it is recommended that the Municipality purchase the lumber and supplies, and deliver to MAS #8 on Simcoe Ave., so that Mr. Godin and Ms.Toth can erect an 80 foot x 6 foot high privacy fence on their interior lot line. Respectfully submitted: Jerry Ball, Director, Transportation and Environmental Services SMT Approval / Comments: I C.A.O. Approval / Comments: Transportation and Environmental Services Report No.TES2013 -06 April 10, 2013 Page 3 of 3 Page 57 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... June 27 2012 Mr. Andrew Tereshyn 276 Pacific Ave. Toronto Ont M6P 2P9 Dear Mr. Tereshyn Approximately two years ago you applied to the municipality for a boundary adjustment to your lots located at #8 & 10 on Simcoe Avenue. Upon receiving your boundary adjustment the municipality began receiving calls regarding the use of your second lane /driveway which was immediately next to the new lot line between you and your neighbor's residence. Section 5.20.2.3 of the Township Zoning By -Law states: "Driveways shall be located no closer than 3.0 metres (9.8 feet) to the interior lot line." "In no case shall the width of a driveway exceed 30 percent of the lot frontage." I have personally made a site visit to these properties to inspect the driveways and have determined that you have two driveways on your property, one of which is as I stated adjacent to the neighbours property line. As indicated in the Zoning By -Law this driveway must be removed as it does not meet the setbacks. To assist with rectifying this issue the municipality would offer to remove the driveway culvert and access adjacent to the neighbor's property and utilize the removed culvert by installing in your existing driveway to your residence. Could you please indicate your response by July 16 2012. Failing no response the municipality will remove the culvert and access to your second driveway and all costs will be charged to your property taxes. Your cooperation in this matter is greatly appreciated. Sincerely Page 58 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... I SIMCQE FENCE COMPANY A Division of 304228 Ont. Ltd. Po Bog 3001 Elmvale, Ont. LOL 1PO Office: 705- 322 -1784 Fax: 705 -322 -1646 ssmcoefence@xplornet.com October 9, 2012. To: Township of Oro - Medonte Attn, Jerry Ball Dear Sir: Re: Simcoe Ave. Oro and Mt.St Louis Road Ca, 6th Line As per your site meeting with Cam Smiley, we are pleased to quote on your fencing requirements as follows. Item #1: Simcoe Ave., Oro : To supply and install - 23m of 6' high PT tight board fence using 4x4 PT posts and 2x4 framework There is no scallop on the top and there is no middle rail. Our total Materials and Labour price for Item #1 would be $4410.50 plus HST. Item #2: Mount St. Louis Road Q 6th Line: To supply and install - 6 collapsible bollards, as per drawing. 8 - 6x6 PT wood bollards. Our total Materials and Labour price for Item #2 would be $4260.88 plus HST. Terms: 30 days upon Simcoe F'ence's completion of job Initial here to agree to payment terms: Please note: The above quote is based on a cleared, graded (grading stakes in place where necessary) and accessible line, with legal survey bars in place. Simcoe Fence will make arrangements to have all underground cable locates for Bell; Hydro and Gas completed before any work can begin. Any underground cables that are on private property are your responsibility. Should you have any questions about our quotation, feel free to call us. Thanking you for the opportunity of quoting. Yours truly, SIAt[GOE i°Exc hSPANY i SID PRICE SP: CM Authorization to proceed with above: Name (please Page 59 of 174 Customer Name PO Number Billing Address Customer Phone 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... Custom Work Consent Oro -Med Township * * BC9032 Network # X03000 Date Sept 12/2012 * Work Location 10 Simcoe Ave Customer Fax Description of Work BELL CANADA WILL BE REQUIRED TO DIRECTIONAL BORE FOR THE EXISTING PEDESTAL TO A NEW PEDESTAL LOCATION THAT IS NOT IN CONFLICT WITH THE PROPOSED DRIVEWAY ALTERATIONS AT 10 SIMCOE AVE. 1. Start Date and Duration of Work Bell Canada's estimated construction start date is: Estimated start date may be changed should this signed consent not reach Bell Canada's Engineering Office by: Estimated duration of work: 2. Flat Rate Charges The costs to be borne by the customer for the performance of the work requested will be: $ 7,651.22 Tax Exempt? No HST# 100458652 $ 994.66 Plus 13% HST $ 8,645.88 1 Total due upon receipt of this signed consent 3. Actual Cost Charges The estimated costs to be borne by the customer for the performance of the work requested will be: (plus applicable taxes) Deposit must be made upon receipt of this signed consent Please note that the foregoing amount is an Estimate only and that, by requesting the work, you agree to pay the actual cost incurred in the completion of the work. This cost could be more or less than the estimated amount. This estimated amount is based on average costs in effect at the time of issuance of the estimate; the average costs used for billing will be those in effect at the time the work is performed. 4. Terms and Conditions (See page 2) 5. Consent I hereby consent to bear the costs of the work described above and I agree to the terms and conditions of this custom work consent and I hereby authorize the work to proceed. Per Print Name of Company and /or Individual Signature Page 60 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... 6. Additional Information If you require additional information, contact the Engineering Office as provided below. Please return this consent and the deposit if applicable to: Name CAROL O'BREIN Telephone [705- 722 -2405 Address 136 BAYFIELD ST Fax 705 - 721 -5594 BARRIE, ON 7. Terms and Conditions A. Limitations If, due to customer delay, the work has not started within six (6) months of the date of this document, this quotation will be null and a new estimate of costs prepared. Also, if before the work has started it becomes apparent to Bell Canada that additional billable expenses are to be incurred, the above estimate will be revised accordingly and a new consent issued. B. Interim Billing In some circumstances, interim billing will be rendered: i) if the estimated costs exceed $5,000 and the work is expected to be in progress for a period of three (3) months, then the bills will be rendered on a monthly basis after the work has started: ii) if the estimate costs amount to $5,000 or less and the work is expected to be in progress for a period of three (3) months or more, then quarterly interim billing will be issued after the work has started iii) if the work is expected to be in progress for a period of less than three (3) months, then the bill will be rendered after the work is completed iv) the total of the monthly and quarterly interim billing will not exceed 85% of the total estimated costs to be billed. A final bill for the balance of the costs will be issued when the work is completed. C. Late Payment Charges Late payment charges as stated in General Tariff item 25 apply on any amount remaining unpaid after due date. Page 61 of 174 10c) Report No. TES2013 -06, Jerry Ball, Director of Tran... * ** S03D * ** pts /12 * ** ORI * ** Mon Jan 7 12:11:58 2013 * ** ### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SCREEN TOP ### # ## #### # # # # # # # # # # # # # # # # # # # # # # ## F2S.0. F3Xchg F4Complete F5Qty F7Pricing F80vr U/M F9Search F10SpcOrd F11Pt1Ship - VInsLn ^F2InvRtn - F3TaxRtn ShF5Acct# ShF6Addr ShF9Loyalty F1Lookup # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SCREEN BOTTOM ## # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ## 7o `x ��7 - (o,7��.�a �4 3 77 $ SEC oo ,J k 1.O 7C� it -ax4 xtf. -4S 1as9S k 10 _ -yCa t3�•tTo Page 62 of 174 * ** ADD A SALES ORDER * ** Subtotal 74.66 ACCT CASH -00 SALES ID STV Tax HST 9.71 NAME CASH ACCOUNT SALES LOC 33 Tax ON 0.00 ADDR PUT PHONE # HERE STOCK LOC 33 Total 84.37 -------------------------------------------------------------------------------- Line Product U/M Qty Description U/M Price Amount Tax L 008 ? Total Weight 25.60 Total Volume .00 --------- - - - - -- Items Ordered --- - - - - -- 001 2837245 EA 1 PT:4X4 -10' K.D. EA 11.450 11.45 T 33 002 2837075 EA 3 PT:KD 2X4X 8' EA 4.240 12.72 <T 33 003 2682901 EA 6 BRCKT, FENCE 18GA 2" X 4" EA .390 2.34 T 33 004 10062 EA * 17 PT:1X6X06' FENCE BOARD EA 2.770 47.09 T 33 3/4" PREMIUM 006 2131115 LB .5 NAILS,SPIRAL HOT GLV 2" LB 2.120 1.06 T 33 50LB $2.120 /LB CT .50000 LB F2S.0. F3Xchg F4Complete F5Qty F7Pricing F80vr U/M F9Search F10SpcOrd F11Pt1Ship - VInsLn ^F2InvRtn - F3TaxRtn ShF5Acct# ShF6Addr ShF9Loyalty F1Lookup # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SCREEN BOTTOM ## # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ## 7o `x ��7 - (o,7��.�a �4 3 77 $ SEC oo ,J k 1.O 7C� it -ax4 xtf. -4S 1as9S k 10 _ -yCa t3�•tTo Page 62 of 174 10d) Report No. TES2013 -07, Jerry Ball, Director of Tran... IC5�1 Toulnship a� f REPORT G�( Proud Heritage, Exciting Future Report No. To: Prepared By: TES2013 -07 Council Jerry Ball Meeting Date: Subject: Motion # April 10, 2013 Results for 2013 Vehicle Quotation(s): Roll #: R.M.S. File #: • 1 -1/2 Ton Pickup, Regular Cab — 2 Wheel Drive, (Recreation, Community Services); • 1 — Mid Size SUV /AWD, (Development Services); • 1 — Ford Transit Connect XLT Van (Municipal Law Enforcement) RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No. TES2013 -07 be received and adopted. 2. THAT the 2013 Vehicle Quotations be awarded to the following dealers: • Orillia Hyundai, Orillia — SUV /AWD • Jim Wilson Chevrolet, Orillia -'/2 Ton Pickup, Regular Cab — 2 Wheel Drive • Barrie Ford, Barrie — Ford Transit Connect XLT Van 3. AND THAT the dealerships that submitted a Quotation are advised of Council's decision, under the Director of Transportation and Environmental signature BACKGROUND: Advertisement for the following Vehicle Quotations were hand delivered. They were opened at the Administration Centre on Friday March 22, 2013, at 9:00 a.m. The Director, Transportation and Environmental Services, Manager of Transportation Services, and the Recording Secretary, were present during the opening: Transportation and Environmental Services Report No. TES2013 -07 April 10, 2013 Page 1 of 4 Page 63 of 174 10d) Report No. TES2013 -07, Jerry Ball, Director of Tran... • Recreation and Community Services Quotation for (1) 2013'/2 Ton Pickup, Regular Cab — 2 Wheel Drive • Building and Development Services Quotation for (1) 2013 Midsize SUV, AWD • Municipal Law Enforcement Quotation for (1) 2013 Ford Transit Connect XLT Van ANALYSIS: The results of the Vehicle Quotation(s) opening are as follows: Barrie Ford, Barrie $23,852.04 (No Trade In) Thor Motors, Orillia $23,196.64 (No Trade In) Douglas Ford, Barrie $23,291.56 (No Trade In) Bourgeois Ford Motors, Midland $23,048.61 (with $7,000.00 Trade In) Jim Wilson Chevrolet, Orillia $21,376.44 (No Trade In) Barrie Honda, Barrie $22,671.92 (with $7,000.00 Trade In) Orillia Hyundai, Orillia, $22,601.41 (with $7,000.00 Trade In +) Barrie Ford, Barrie $28,676.01 (No Trade In) Thor Motors, Orillia $29,451.19 (No Trade In) Douglas Ford, Barrie $28,152.82 (No Trade In) Bourgeois Ford Motors, Midland $20,042.81 (with $7,000 Trade In) Dalts Honda, Orillia $31,248.79 (No Trade In) Barrie Ford, Barrie $26,932.42 (No Trade In) Thor Motors, Orillia $29,141.57 (No Trade In) Douglas Ford, Barrie $29,176.60 (No Trade In) Bourgeois Ford Motors, Midland $29,192.42(with $7,000 Trade In) Transportation and Environmental Services Report No. TES2013 -07 April 10, 2013 Page 2 of 4 Page 64 of 174 10d) Report No. TES2013 -07, Jerry Ball, Director of Tran... The low quotations are being recommended for both the 1/2 Ton Pickup, Regular Cab and for the Ford Transit Connect Van, however the middle quotation received from Orillia Hyundai, for the SUV /AWD vehicle is recommended based on review of the vehicle, by the Building Services Division, on the following items: • Size of vehicle inside, providing the most room for laptop and printer mounts, as well as work space. • 3 standard 12 volt outlets, required for laptop, printer, and cell phone • 5 year free oil changes • Comprehensive warranty, 5 year 100,000km. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: All vehicle replacements have been identified in the 2013 budget for the respective departments. POLICIES /LEGISLATION: N/A CORPORATE STRATEGIC GOALS: N/A CONSULTATIONS: Director, Recreation and Community Services, Director, Development Services, Director, Corporate Services ATTACHMENTS: N/A CONCLUSION: It is recommended that the low quotation from Jim Wilson Chevrolet Orillia for one — 2013'/2 Ton Pickup, 2 Wheel Drive - Regular Cab be accepted in the amount of $21,376.44 (taxes included). That the quotation from Orillia Hyundai, for one - 2013 Tucson SUV /AWD be accepted in the amount of $22,601.41 (taxes included). That the quotation from Barrie Ford for one -2012 Ford Transit Connect Van be accepted in the amount of $26,932.42 (taxes included). Transportation and Environmental Services April 10, 2013 Report No. TES2013 -07 Page 3 of 4 Page 65 of 174 10d) Report No. TES2013 -07, Jerry Ball, Director of Tran... Respectfully submitted: Jerry Ball, Director, Transportation and Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: Transportation and Environmental Services Report No. TES2013 -07 April 10, 2013 Page 4 of 4 Page 66 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... REPORT ��.�a�s�� ) ei Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -014 Council A. Leigh, Director, Development Services Meeting Date: Subject: Motion # April 10, 2013 Zoning By -law Amendment 2012 - ZBA -15 (Roger and Heather Kerslake) Roll #: 4346- 010 - 004 - 10400- R.M.S. File #: D14 43941 0000 RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. DS2013 -014 be received and adopted. 2. THAT Zoning By -law Amendment Application 2012 - ZBA -15 for Township of Oro - Medonte, being on Schedule `A17' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 1, Concession 10, 3270 Line 10 North, in the former geographic Township of Medonte, now in the Township of Oro - Medonte, from Agricultural /Rural Exception 15 (A /RU *15) Zone to Residential One Exception 224 (A/RU *224) and Residential One Exception 225 (A/RU *225) Zone as shown on Schedule `A' attached hereto and forming part of this By -law. 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed Zoning By -law Amendment Application submitted by Roger and Heather Kerslake. This rezoning application has been submitted to fulfill a condition of approval for Consent Application 2012 -13-35 through 2012 -B -40, which was granted by the Committee of Adjustment in February 2013. The applicant obtained conditional consent for six (6) newly created residential lots and a retained lot with the existing dwelling and pottery workshop /gallery. The applicant's lands are located at Part of Lot 1, Concession 10, on the west side of Line 10 North. The subject property presently contains a single detached dwelling, and two detached accessory buildings, occupies approximately 2.74 hectares (6,77 acres) of land, and has frontages along Horseshoe Valley Road East of approximately 169.9 metres (557.4 feet) and along Line 10 North of approximately 155.1 metres (508.9 feet). DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -014 Page 1 of 7 Page 67 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... ANALYSIS: 71 As part of the Committee of Adjustment Provisional Consent approval, the applicant was required to apply for and obtain a rezoning for the new lots created by way of consent. The subject lands are currently zoned Agricultural /Rural Exception 15 (A/RU'15) Zone which permits existing uses and buildings only. A public meeting was held on March 20, 2013 to receive comments from members of the public and relevant agencies at which time the comments received related to the potential for expansion of the Rural Settlement Area designation to permit additional development to occur. As stated at the meeting, other thank potential infilling, further development in Jarratt is not anticipated as the Official Plan identifies this settlement as an area where limited growth will occur on individual services. Given the Provincial direction towards fully services communities, the designation of additional lands within Jarratt would not be consistent with the policies and would therefore not be supported. Written comments from the Simcoe County District School Board and the NVCA were received prior to the public meeting indicating they had no objection with the proposed zoning by -law amendment. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: Potential financial and legal implications should the decision of Council be appealed to the Ontario Municipal Board. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. Permitted uses within this designation include single detached dwellings, bed and breakfast establishments, and home occupations. The objectives of the Rural Settlement Area designation are to maintain and create attractive communities with suitable amenities and to ensure that settlement areas are developed in a logical and cost - effective manner. The rezoning applies to a parcel that was severed into 6 new residential lots and one retained lot containing the existing residential dwelling and pottery gallery. The current and proposed residential uses would conform to the Township's Official Plan policies. The application proposes to rezone the six severed lots and one retained lot to ensure compliance with the by -law. The proposed lots which would permit residential use are consistent with surrounding land uses. DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -014 Page 2 of 7 Page 68 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... Zoning By -law 97 -95: The subject lands are zoned Agricultural /Rural Exception 15 (A/RU *15) Zone, with the intended use being for residential purposes. Exception 15 states that "Notwithstanding any other provision in this By -law, only uses that existed on the effective date of this By- law are permitted on those lands denoted by the symbol *15 on the Schedules to this By- law." Therefore, the effect of this provision is that the applicant was required as a condition of the consent decision to complete an amendment to the zoning of the subject lands. The proposed zoning by -law amendment requires site specific exceptions for three matters: 1. Front Yard setback of the existing dwelling on the retained lands of 3.0 metres instead of the required 7.5 metres; 2. Maximum Floor Area of an Accessory Building (Pottery Gallery) with a floor area of 139.1 square metres instead of the required 70 square metres; and 3. Minimum Width of Planting Strip on front lot line of 6.0 metres to ensure preservation of existing tree vegetation. The subject lands will comply with the remainder of the provisions of the R1 Zone as required by the Comprehensive Zoning By -law 97 -95. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The County Plan clearly directs new growth to be located within Settlement Areas, as proposed though this application. The Rural Settlement Area designation permits residential use, such as that proposed. On the basis that application rezones the lands for residential purposes which is consistent with the rural character of the surrounding area and wholly located within the settlement area, it is the opinion of Planning staff for the Township that the subject application conforms to the applicable policies of the County's Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy _cQmmunlfies while at the same time promoting .efficient land use, and. development patterns. Section 1.1 of the PPS contains policies related to "Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns ", and states that "Healthy, liveable and safe communities are sustained by... d) avoiding development and land use patterns that would prevent the efficient expansion of settlements areas ... e) promoting cost - effective development standards to minimum land consumption and servicing costs..." (Section 1.1.1). Further, Section 1.1.3 contains policies for "Settlement Areas ", and states that: DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -014 Page 3 of 7 Page 69 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... "Settlement areas shall be the focus of growth and their vitality an regeneration shall be promoted' (Section 1.1.3.1); "Land use patterns within settlement areas shall be based on ... a) densities and a mix of land uses which... 1. efficiently use land and resources; 2. are appropriate for ... the infrastructure..." (Section 1.1.3.2); and "New development taking place in designated growth areas should occur adjacent to the existing built -up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land ..." (Section 1.1.3.7). Therefore, since the proposed development would rezone the lands that were the subject of lot creation for six (6) new lots within a settlement area, and would be located within an existing built -up area, the rezoning application is considered to be generally consistent with the Provincial Policy Statement, 2005. Places to Grow The subject application has been reviewed by Planning staff with respect to the Places to Grow policies. Section 2.2.2 of the Growth Plan contains policies for "Managing Growth ", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built -up areas of the community through intensification ... [and] i) directing development to settlement areas ... ". As previously stated, the rezoning application is required to satisfy a condition of the decision of the Consent applications which is considered to conform to the general intent of the Official Plans for the Township and the County, and is considered to maintain the general intent of the Township's Zoning By -law. Therefore, since the rezoning would allow for the future development of the six (6) residential lots created by Consent within a settlement area, where it would be directly accessed by existing roads and located in an area where it would be compatible with adjacent land uses, the proposed rezoning is considered to maintain the general intent of the Province's Growth Plan. I CORPORATE STRATEGIC GOALS: I Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and agcure erlvknment whUe encouragirlg healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -014 Page 4 of 7 Page 70 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... CONSULTATIONS: Nottawasaga Valley Conservation Authority- No Objection Simcoe County District School Board — No Objection ATTACHMENTS: Attachment 1: Location Map Attachment 2: Consent Drawing CONCLUSION: The Zoning By -law Amendment application proposes to rezone the lands approved for conditional consent to create six new residential lots and the retained lands with residence and pottery gallery. The exception as required as a Condition of the Consent decision is to recognize a deficient front yard setback of 3.0 metres, an accessory building with a floor area of 139.1 square metres (pottery gallery), a planting strip of 6.0 metres to preserve the existing trees on the front of each of the newly created lots. The proposed Zoning By -law Amendment conforms to the general intent of the Provincial Plan and the Township and County Official Plans and the provisions of the Zoning By -law. On this basis, it is recommended that Zoning By -law Amendment Application 2012- ZBA -15 be approved and adopted by Council. Respectfully submitted: Andria Leigh, MCI , RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -014 Page 5 of 7 Page 71 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... Page 72 of 174 10e) Report No. DS2013 -014, Andria Leigh, Director of De... ATTACHMENT 2: CONSENT DRAWING 2012 -B -35 through 2012 -B -40 (Kerslake) HORSESHOE VALLEY ROAD EAST DEVELOPMENT SERVICES Report No. DS2013 -014 I - - I I I RESIDENTIAL ]A LEME — y SEl'TI..EM£3UT FRREA'; April 10, 2013 Page 7 of 7 Page 73 of 174 (COUNTY ROAD 22) m Ti36 - ..x7. T E.KI5'C. RESIDENT I OWELLFNI i LOT 1 LOT 2 LOT 3 + RETAINED 2356.2 m? 2356.2 mz 2356.2 mz PARCEL 4633.5 ma I BARN J POTTERY I SHOP If — L 134.1 2e= GAF FRIG ... .- _. ... n A/RU ZONE ^� tl� LOT 4 5234.5 mz LOT 5 5234.5 rn2 74.5 ... _ ... — ... LOT 6 5234.5 m2 DEVELOPMENT SERVICES Report No. DS2013 -014 I - - I I I RESIDENTIAL ]A LEME — y SEl'TI..EM£3UT FRREA'; April 10, 2013 Page 7 of 7 Page 73 of 174 1 Of) Report No. DS2013 -015, Andria Leigh, Director of De... 7 Tvwnslup of REPORT0��/ Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -015 Council Andria Leigh, Director Develo ment Services Meeting Date: Subject: Motion # April 10, 2013 Thatcher Plan — Proposed Redline Revision, Concession 8, Pt Lot 15, 2004 - SUB -02 Roll #: R.M.S. File #: 4346- 020 - 005 - 11601- D12 13694 0000 RECOMMENDATION(S): Requires Action ❑ For Information Only It is recommended that: 1. Report No. DS2013 -015 be received and adopted. 2. That Report DS2013 -015 proposed redlined revision to Application 2004 - SUB -02 for Thatcher, Part of Lot 15, Concession 9 ( Medonte), Township of Oro - Medonte, be approved; and 3. That the conditions of Draft Plan Approval be amended to reflect the reduction in the number of lots to 13 and the revised plan dated January 28, 2013; and 4. That Notice of the Amended Decision be provided in accordance with the Planning Act. BACKGROUND: The subject lands are located south of the Moonstone Road at the easterly boundary of the Moonstone settlement area. In August 2012, draft plan approval for the 17 lot residential subdivision was extended for a period of three years. The draft plan included a total of 17 residential lots, two open space blocks, two reserve blocks, one road widening block, and one storm water management block. The proposed red -line revision has been submitted to the Township for consideration now proposes to reduce the total number of residential lots from 17 to 13. The new proposed red -lined plan reflects the new purchaser's (Mr. Reid's) desire to establish lots for family members that include combining some of the previous draft plan lots in addition to a number of lots for potential new residents. ANALYSIS: The applicant is proposing to reduce the total number of lots from 17 to 13 as he is seeking to construct family homes on a series of the properties. Each of the proposed lots will have a minimum lot frontage of 30 metres and a minimum lot area of 0.2 hectares; each of the lots in the proposed redline design comply with the minimum zone provisions for the Residential One (R1) Zone. The road layout has been modified to scale back the length of the cul -de -sac and accommodate the lot re- design and has been reviewed with the Transportation Department. The location of the Stormwater Management Pond remains the same as the original draft plan. DEVELOPMENT SERVICES Report No. DS2013 -015 April 10, 2013 Page 1 of 5 Page 74 of 174 1 Of) Report No. DS2013 -015, Andria Leigh, Director of De... The lands have a Residential One (R1) Zone, which is consistent with the existing residential lands in the settlement area, all of the proposed lots would comply with the lot frontage and lot area requirements of this zone. FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: n/a POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on municipal water and private septic services, as proposed by this application. Permitted uses on lands designated "Rural Settlement Area" are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area, small scale industrial development, institutional uses such as schools, places of worship, community centres, libraries and similar uses ". In analyzing the proposed residential plan of subdivision, Staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. With the subject lands being located within an identified settlement area, the plan of subdivision constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Zoning By -law The lands subject to the draft plan are zoned Residential One Hold (R1 (H)) with the Holding provision not being removed until plan registration and the issuance of the certificate of substantial completion. The proposed redline revision which decreases the number of lots continues to maintain the minimum lot frontage and area requirements of the Residential One (R1) Zone. I CORPORATE STRATEGIC GOALS: I Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safe & Healthy Community — To ensure that Oro - Medonte policies and programs promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. CONSULTATIONS: n/a DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -015 Page 2 of 5 Page 75 of 174 1 Of) Report No. DS2013 -015, Andria Leigh, Director of De... ATTACHMENTS: Attachment 41 – Location Map Attachment #2 – Proposed new redline draft plan of subdivision CONCLUSION: The proposed red -lined revisions to approved Draft Plan of Subdivision 2004 - SUB -02 would provide for a residential development within the Moonstone Settlement Area in conformity with the policies of the Official Plan. The proposed red -lined revisions would reduce the number of lots, while continuing to provide the opportunity for dwellings to be constructed that reflect the type and character of development already existing in the settlement area. In respect of the requested red -lined revision, staff has no objection to the proposed changes which will allow the new owner, Mr. Reid, to proceed with the satisfaction of draft plan conditions and registration of the plan. Respectfully submitted: _-4 Andria Leigh, MCIP, RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS2013 -015 April 10, 2013 Page 3 of 5 Page 76 of 174 1 Of) Report No. DS2013-015, Andria Leigh, Director of De Attachment 1 — Location Map DEVELOPMENT SERVICES Report No. DS2013-015 April 10, 2013 Page 4 of 5 Page 77 of 174 00 OLD COUNTY Lu FDONS ONE IFT rr. SUBJECT LANDS DEVELOPMENT SERVICES Report No. DS2013-015 April 10, 2013 Page 4 of 5 Page 77 of 174 1 Of) Report No. DS2013 -015, Andria Leigh, Director of De... Attachment 2 — Revised Draft Plan � a 1 affil "�'��t16k��, `o z q r yes 1 j; $ m C DEVELOPMENT SERVICES Report No. DS2013 -015 1 Q Eli i Oi :G 24 Oj i M I lzt LLi'z o!p aLLJ J d Q1 LL aLL - Do m =. z s o' April 10, 2013 Page 5 of 5 Page 78 of 174 10g) Report No. DS2013 -016, Andria Leigh, Director of De... 7- h' of REPORT Proud Heritage, Exciting Future Report No. To: Prepared By: DS2013 -016 Council A. Leigh, Director, Development Services Meeting Date: Subject: Motion # April 10, 2013 Implementation of Holding Provision — Condition of Roll #: R.M.S. File #: 4346- 010 -005 - 10800- 0000 Consent 2012 -B -34 (Horne) D10 43878 RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. Report No. DS2013 -016 be received and adopted. 2. THAT Schedule `A13' to Zoning By -law 97 -95, as amended, is hereby further amended by adding a Holding Provision to the land located in West Part of Lot 13, Concession 13, 945 Line 12 North, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from the Agricultural /Rural (A/RU) and Mineral Aggregate Resources Two (MAR2) Zones to the Agricultural /Rural Hold (A/RU(H)) and Mineral Aggregate Resources Two Hold (MAR2(H)) Zones; and 3. THAT the Clerk bring forward the appropriate By -law for Council's consideration. BACKGROUND: The purpose of this report is to consider a proposed amendment to the Zoning By -law that would add a Holding Provision to lands subject to a boundary adjustment application that provides access to a 20.2 hectare (50 acre) parcel of land (See Attachment 1). The conditions of the Committee's decision granted in January 24, 2013 required the applicant to obtain a zoning by- law amendment to recognize the classified wetlands on the enhanced lands and to apply for a Holding Provision to implement a site plan agreement requirement for the completion of an Ecological Investigation. As the landowner does not intend to develop the property at this time the Holding Provision is being implemented to ensure that any future landowner is fully aware of the required studies and rezoning to be completed prior to consideration for a zoning certificate and building permit. ANALYSIS: The implementation of the Holding Provision through a by -law will satisfy the condition imposed by the Committee of Adjustment and allow this condition to be cleared. The landowner will be required in the future to remove the Holding Provision upon completion of the necessary studies and rezoning in order to obtain a building permit. DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -016 Page 1 of 5 Page 79 of 174 10g) Report No. DS2013 -016, Andria Leigh, Director of De... FINANCIAL / LEGAL IMPLICATIONS / RISK MANAGEMENT: N/A POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject lands are designated Agricultural and Oro Moraine Core /Corridor Area in the Township's Official Plan. The lands were the subject of a consent application for a lot addition /boundary adjustment and are located within the Oro Moraine Core /Corridor Area in the Township's Official Plan, within which "single detached dwellings and accessory uses on existing lots" are permitted as proposed for the future development of the property. Through the consultation process with the County of Simcoe and the lake Simcoe region Conservation Authority, it was determined that further environmental work would be required on the enhanced lands prior to consideration for any zoning certificate /building permit. In order to document these requirements for a future landowner of the property, it is necessary to implement a Holding Provision. The Township's Official Plan does permit the imposition of a Holding provision in accordance with the Planning Act. Zoninq By -law 97 -95: The subject property has portions of land zoned Agricultural /Rural (A/RU) Zone and Mineral Aggregate Resource Two (MAR2) Zone in the Township's Zoning By -law 97 -95. Table B4 of the Township's Zoning By -law requires that a lot in the Agricultural /Rural (A/RU) Zone have a Minimum Lot Area of 0.2 hectares, and a Minimum Lot Frontage of 45 metres. Consent Application 2012 -13-34 approved by the Committee of Adjustment permitted a boundary adjustment with a lot frontage of 10 metres on Line 12 North an associated Minor variance (2012 - A-39) was also approved to ensure compliance with the Township's Zoning By -law related to lot frontage. The enhanced property is regulated by the Lake Simcoe Region Conservation Authority (LSRCA) and the LSRCA required three conditions to be included in the Committee of Adjustment's decision to be implement through a Site Plan Agreement process and rezoning in the future. CORPORATE STRATEGIC GOALS: Quality of Life — To contribute to an enriched quality of life for residents by maintaining Oro - Medonte's natural beauty and county -like character Safa & Healthy Community — TQ ansure. that QrQ- Medmte policies and programs. promote a safe and secure environment while encouraging healthy lifestyles Service Excellence — To provide a welcoming, courteous and professional culture of service excellence on the part of Council and Township staff Sustainability — To build an increasingly sustainable community with regard for and sensitivity to the needs of future generations. DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -016 Page 2 of 5 Page 80 of 174 10g) Report No. DS2013 -016, Andria Leigh, Director of De... CONSULTATIONS: Nottawasaga Valley Conservation Authority- No Objection Simcoe County District School Board — No Objection ATTACHMENTS: Attachment 1: Location Map Attachment 2: Consent Drawing CONCLUSION: This application proposes to add a Holding Provision, as required through the Consent decision (2012 -B -34) to ensure that the necessary Ecological Investigation and rezoning of the wetland occurs prior to consideration for any zoning certificate and building permit. The Holding Provision is not intended to be removed until the appropriate Site Plan Agreement, Ecological Investigation, and Zoning By -law Amendment for the Environmental Protection (EP) zone to reflect the classified wetland are completed prior to consideration of a building permit. The proposed Holding Provision will ensure the necessary studies required by the Township Official Plan are completed to the satisfaction of the County of Simcoe, the Lake Simcoe Region Conservation Authority, and the Township. Respectfully submitted: Andria Leigh, MCIP, �RPP Director, Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -016 Page 3 of 5 Page 81 of 174 10g) Report No. DS2013 -016, Andria Leigh, Director of De... ATTACHMENT 1: LOCATION MAP 2012 -B -34 (Langman) OLD7BARRIE ROADIE z v Z jy� _ z W J Z J z fV W Z J Z a LLJ Z J �F z 15116:SIDEROAD�E w U SUBJEC.T_P_ROP_ERT_Y (9457LINE 12_N©RTH} DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -016 Page 4 of 5 Page 82 of 174 10g) Report No. DS2013 -016, Andria Leigh, Director of De... ATTACHMENT 2: CONSENT DRAWING DEVELOPMENT SERVICES Report No. DS2013 -016 April 10, 2013 Page 5 of 5 Page 83 of 174 1 Oh) Report No. DS2013 -018, Andria Leigh, Director of De... Township of REPORT ��� Proud Heritage, Exciting Feature Report No. To: Prepared By: DS2013 -018 Council Andria Leigh, Director, Development Services Meeting Date: Subject: Site Plan Agreements Motion # April 10, 2013 (Democrat Maplewood Limited) 2013 - SPA -06, Lot 96, Plan 51 M- Roll #: R.M.S. File #: 4346 - 010 - 003 -26596 957, D11 44287 (Lot 96) (Lot 96) 2013- SPA -07, Lot 95, Plan 51 M- D11 44288 (Lot 95) 4346 - 010 - 003 -26618 957, and 2013 - SPA -08, Lot 118, D11 44289 (Lot 118) (Lot 95) Plan 51 M -957 (Former Township 4346- 010 - 003 -26595 of Oro) Lot 118) RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report DS 2013 -018 be received and adopted; 2. THAT the Township of Oro - Medonte enters into Site Plan Agreements with Democrat Maplewood Limited thereby permitting the removal of the Holding Provision applying to the subject Lots for the construction of single detached dwellings; 3. THAT the Clerk bring forward the by -laws for Council's consideration to enter into Site Plan Agreements with Democrat Maplewood Limited and to remove the Holding Provision applying to the lands described as Lots 96, 118, and 95, Plan 51M-957, respectively; and 4. AND THAT the owner be notified of Council's decision. BACKGROUND.- The applicant is proposing to have Site Plan Agreements registered on title for the construction of single detached dwellings with attached garages on each of the respective Lots 96,118, 95, Plan 51 M -957, in the Diamond Valley Estates Subdivision. The zoning presently in effect for the subject lands is Residential One Holding Provision (R1 (H)) Zone and, as such, the owner must enter into Site Plan Agreements prior to the issuance of Zoning Certificates and Building Permits related to the construction of dwellings on the DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -018 Page 1 of 4 Page 84 of 174 1 Oh) Report No. DS2013 -018, Andria Leigh, Director of De... respective Lots. The owner must enter into a Site Plan Agreement before the Holding Provision Zone can be removed. With respect to recent development within the Diamond Valley Estates Subdivision, it is noted that a potential ossuary was discovered during excavation taking place on Lot 122, in December 2011. Following this discovery, the developer's archaeologist corresponded with the Cemeteries Regulation Branch of the Ministry of Consumer Services, through which they provided a report illustrating the potential ossuary being entirely within Lot 122. Subsequently, the developer's archaeologist provided correspondence to the Township, stating that: • "The area of concern is wholly contained within Lot 122 and well removed from any planning boundary "; • "This discovery will have no impact on the surrounding lots. "; • "As the discovery appears to represent an intact and intentional burial site, it is expected that Lot 122 will become a registered cemetery and that the remains will not be moved. "; and • "We do not believe that there is any necessity arising from this situation, now or in the future, to restrict any activity on any other portion of the development property outside of Lot 122." Therefore, on the basis of the discovery of a potential ossuary, and subsequent correspondence as noted above, Planning staff recommends that future Site Plan Agreements for the development of lots within the Diamond Valley Estates Subdivision include provisions to the effect of requiring the owner of a lot and /or their agent to: retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary; assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through any development; and cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and to notify all appropriate Ministries and Agencies, including, the Registrar of Cemeteries and the Township. ANALYSIS: 71 The properties are designated Residential by the Township's Official Plan, and are zoned Residential One Holding Provision (R1 (H)) Zone by the Township's Zoning By -law 97 -95. The applicant is required to enter into Site Plarr Agreements with- Council with respect to the removal of the Holding Provision on the subject Lots. These provisions were imposed through the subdivision approval process in order to determine appropriate building envelopes. Further, Planning staff have reviewed the submissions related to the proposed construction of dwellings on each of the subject lots, and confirmed their compliance with applicable provisions of the Township's Zoning By -law 97 -95, as amended. DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -018 Page 2 of 4 Page 85 of 174 1 Oh) Report No. DS2013 -018, Andria Leigh, Director of De... FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan Township of Oro - Medonte Zoning By -law 97 -95 Planning Act, R.S.O 1990, c. P. 13, Sections 36 and 41 CONSULTATIONS: • Township Departments ATTACHMENTS: 77771 Schedule 1: Location Map CONCLUSION: The purpose of these Site Plan Applications are to register Site Plan Agreements on title for the subject lots, with respect to the construction of single detached dwellings on Lots 95,96, and 118 of the Diamond Valley Estates Subdivision (Plan 51M-957), due to the Holding Provision applying to the zoning these lots. It is recommended that Site Plan Applications 2013 - SPA -06 (Lot 96), 2013- SPA -07 (Lot 95), and 2013 - SPA -08 (Lot 118) be approved and the associated by -laws for Site Plan Approval and Removal of the Holding Provision be adopted by Council. Respectfully submitted: Andria Leigh, MCIP, RPP Director, Development Services SMT Approval / Comments: I C.A.O. Approval / Comments: DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -018 Page 3 of 4 Page 86 of 174 1 Oh) Report No. DS2013 -018, Andria Leigh, Director of De... SCHEDULE 1: LOCATION MAP 2013 - SPA -06 (Lot 96), 2013 - SPA -07 (Lot 95), and 2013 - SPA -08 (Lot 118) (Democrat Maplewood Limited) 41 Diamond Valley Drive (Lot 95) 39 Diamond Valley Drive (Lot 96) 23 Diamond Valley Drive (Lot 118) DEVELOPMENT SERVICES April 10, 2013 Report No. DS2013 -018 Page 4 of 4 Page 87 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... "Township of REPORT Proud Heritage, Exciting future Report No. To: Prepared By: DS 2013 -019 Council Andria Leigh, Director Development Services Meeting Date: Subject: Proposed Official Plan Motion # April 10, 2013 Amendment Application: _ 2012- OPA -02 (Mike Mills) Part of Lot 20, Concession 8, Roll #: R.M.S. File #: D09 43607 4346010003 -32700 97 Line 7 North (Oro) Township of Oro - Medonte RECOMMENDATION (S): Requires Action For Information Only It is recommended to Council: 1. THAT Report DS 2013 -019 Re: Official Plan Amendment Application 2012- OPA -02 for Mike Mills, Part of Lot 20, Concession 8, (Oro), municipally known as 97 Line 7 North, Township of Oro - Medonte, be received and adopted. 2. THAT Official Plan Application 2012- OPA -02 , Part of Lot 20, Concession 8, (Oro), Township of Oro - Medonte that would serve to redesignate the subject lands from "Highway 11 Special Policy" and "Agricultural" to "Oro Centre Office /Industrial" on Schedule E of the Official Plan be approved. 3. THAT the appropriate Zoning By -law be brought forward for Council's consideration with the required Holding (H) Provision, not to be removed until such time as the appropriate Site Plan Agreement has been entered into. 4. AND THAT the Clerk bring forward the necessary Official Plan Amendment from "Highway 11 Special Policy" and "Agricultural" to "Oro Centre — Office /Industrial" for Council's consideration. BACKGROUND: The purpose of this report is to consider proposed Official Plan Amendment application submitted by Mike Mills the owner of 97 Line 7 North. Mr. Mills is proposing to re- designate the subject lands from "Highway 11 Special Policy" and "Agricultural" to "Oro Centre — Office /Industrial ". The applicant is also proposing to rezone the lands from Agricultural /Rural Exception 32 (A/RU*32) to Economic Development (ED). The proposed Official Plan and Zoning Amendments were submitted to allow the property to be used for office /industrial purposes including a proposed shop. DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 1 of 11 Page 88 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... ANALYSIS: The property is located in the northeast corner of Highway 11 and Line 7 South. The property is municipally known as 97 Line 7 North and legally described as Part of Lot 20, Concession 8, Township of Oro - Medonte. The subject property has approximately 2 hectares (4.9 acres) of land area with frontage of approximately 103 metres (337 feet) on Line 7 North. The entire property has a road frontage of 157 metres (515 feet) on Line 7 North and an area of 3.8 hectares (9.4 acres). Currently the property contains a single detached dwelling which is proposed to be maintained and the applicant is proposing a 700 square metre (7535 square foot) industrial building. The proposal is for an industrial building (shop) with approximately 700 square metres (7535 square feet). Ingress and egress is proposed through one existing point off Line 7 North for the proposed industrial building. The site will be serviced by an individual well and septic as Oro Centre is not currently a municipally serviced area of the Township. Lot grading and drainage would be addressed on a site plan during the site plan approval stage. Currently the Highway 11 Special Policy area designation permits no new development but recognizes existing development. The Amendment is necessary to permit development of any kind on the subject lands. A statutory public meeting was held on January 23, 2013 regarding the proposed Official Plan and Zoning By -law Amendments. Comments expressed dealt with the need for sufficient buffering for the neighbours to the north, noise and west and also drainage /stormwater concerns. The property is intended to be subject to a Holding provision which requires the approval of a Site Plan Agreement with Council prior to building permits being considered. The Site Plan will be required to ensure that the necessary tree buffering, fencing, lot grading /drainage is identified on a more detailed site plan to be considered by Council. The Site Plan Agreement is also registered on title which ensures that any future landowner is also obligated by the site plan requirements for any future development. FINANCIAL: N/A POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan: The subject site is located within the Oro Centre Secondary Plan Area in the Oro - Medonte Official Plan and is currently designated Highway 11 Special Policy Area and Agricultural. An Official Plan Amendment to re- designate the lands to Oro Centre Office /Industrial is necessary to facilitate the development of the property for industrial uses. The intent of the current designation is to ensure that lands required by the Ministry of Transportation for their Highway network be identified and protected from future incompatible development. Existing structures and uses were recognized but the development of new buildings, structures or uses is not permitted. The purpose of the designation on the lands in Oro Centre was to allow for the construction of a clover -leaf at this intersection and all associated widenings. Recent conversations with MTO, along with the redevelopment of the property on the northwest and northeast corners of Highway 11 and Line 7 North, suggests that a clover -leaf is no longer deemed necessary for this intersection. DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 2 of 11 Page 89 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... This Official Plan Amendment is requesting that Council consider whether it is appropriate to eliminate the Highway 11 Special Policy Area which will remove lands that may be needed for the very long term Highway 11 widening and interchange improvements. The Planning Department did receive comments from the Ministry of Transportation staff. The Ministry did complete a Study Design Report (2005) for Highway 11 (Barrie to Gravenhurst) and the study recommended that the future needs of highway 11 are a six lanes facility. The Study Design Report recommended six lanes for Highway 11 through a combination of widening, twinning and local bypasses. However, MTO staff did inform the Planning Department that MTO's engineers reviewed this location at the 20 year horizon and they have no plans to construct an interchange in this location. The Official Plan is a municipal document and therefore MTO is not bound by it. If Oro - Medonte or the County of Simcoe wishes to continue to protect lands in the immediate area through the Official Plan for future highway improvement they may do so however it is based on a local direction not based on direction from MTO. The "Oro Centre Office /Industrial" designation permits a broad range of industrial uses while taking advantage of the high visibility and accessibility offered by the 7th Line. Development within this designation shall be visually attractive from Highway 11 and will set the tone for the high quality image of Oro Centre. Permitted uses include manufacturing, assembly, processing and fabrication uses; warehousing uses; research establishments; business office; institutional uses such as places of worship; and outdoor storage uses. The concept plan illustrates an industrial shop for manufacturing and vehicle storage (electrical vehicles). In reference to the permitted uses noted above, the Official Plan Amendment would permit the proposed use of the property by the applicant. Future development on the lands will be subject to Site Plan Control which will require the submission of a comprehensive Site Plan, Traffic Impact Assessment, Site Grading /Site Servicing Plan and Stormwater Management plan. All proposed uses on the subject lands are appropriate uses for the designation that is being requested and are in keeping with the intent of the Oro Centre Office - Industrial designation. Section A2.7.2 of the Official Plan provides strategic objectives in promoting economic development in the Township. Subsection (f) strives "To encourage the concentration of economic activity along Highway 11 in one new area for employment, tourism and retail uses at or near the intersection of Line 7 and Highway 11 to take advantage of the location of the airport. In considering any application for an Official Plan Amendment, consideration of Section E1.7- Amendments to the Official Plan is required. This section states that the Plan is intended to manage change in the Township for the next 20 years and that the Plan identifies enough land for residential, commercial, and industrial uses until the year 2022. On this basis, the policies state that the Plan should only be amended when the policies have been found not to address issues or alternatively, issues have been raised with respect to site - specific proposals that must be addressed in a comprehensive manner. Staff is of the opinion that the requested Official Plan Amendment application does not offend the policies of the Official Plan. In the consideration of the proposed Official Plan Amendment the re- designation of the lands from "Highway 11 Special Policy Area" and "Agricultural" to "Oro Centre Office- Industrial" is in keeping with the intent and conforms with the policies of the Official Plan. DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 3 of 11 Page 90 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... Zonina By -law 97 -95 The site is currently zoned Agricultural /Rural Exception 32 (A/RU*32). An amendment to Zoning By -law 97 -95 is required in order to permit the proposed industrial development. Exception 32 recognizes the Oro Centre lands and states that notwithstanding any other provision in this By -law, the development of new buildings or the construction of additions to buildings that existed on the effective date of this By -law are not permitted on those lands denoted by the symbol "32. The exception is as a result of the Official Plan designation which does not allow further development. The proposed zoning by -law amendment for the property is to an Economic Development (ED) Zone. The proposed shop - industrial building are all permitted uses within the Economic Development Zone. The proposed rezoning of the subject property is in accordance with the goals, objectives and policies of the Official Plan. The Zoning By -law Amendment only comes into force and effect upon the approval of the Official Plan Amendment by the County of Simcoe. The proposed Zoning By -law Amendment for the subject property is in accordance with the policies of the Official Plan and maintains the general intent of the Economic Development (ED) Zone of By -law 97 -95, as amended. Provincial Policy Statement The Provincial Policy Statement (PPS) was revised on March 1, 2005 to include new and revised policies along with the requirement to `be consistent with' those policies. The PPS does not require absolute conformity, however, decisions must reflect required standards and implement results that align with and move toward the goals of the PPS. Furthermore, the approval authority must consider all the components of the PPS and how they interrelate. The PPS seeks to provide for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural environment. The Vision of the PPS is to promote the long -term prosperity and social well -being of Ontarians by maintaining strong communities, a clean and healthy environment, and a strong economy. The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 1.1.1(b) provides that healthy, liveable and safe communities are sustained by accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses) recreational and open spaces to meet long term needs. Policy 1.1.2 provides that sufficient land shall be made available through intensification and redevelopment to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for time horizon of up to 20 years. Policy 1.1.4.1 provides "in rural areas located in municipalities: g) recreational, tourism and other economic opportunities should be promoted. Rural Areas are defined as lands in rural areas which are located outside settlement areas and which are outside prime agricultural areas. This describes the lands within the Oro - Centre Secondary Plan. DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 4 of 11 Page 91 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... The three principal parts of the PPS include (i) Building Strong Communities, (ii) Wise Use and Management of Resources and (iii) Protecting Public Health and Safety. As such, the following relevant section and sub - sections of the PPS are applied to the proposed development of the subject lands. Building Strong Communities 1.1 Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns 1.1.1 Healthy, livable and safe communities are sustained by b) accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long -term needs. c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; e) promoting cost - effective development standards to minimize land consumption and servicing costs; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. 1.1.2 Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. The development of this property within the Oro Centre Secondary Plan area for industrial uses assists in meeting long -term employment land needs for the Township of Oro - Medonte, utilizes existing road networks, and minimizes land consumption as the site is a redevelopment of a property that is within the designated Oro Centre area of the Township. In addition, there are no known natural heritage features on the subject lands. Employment Areas 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long -term needs; b)providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) planning for, protecting and preserving employment areas for current and future uses; d) ensuring the necessary infrastructure is provided to support current and projected needs. The Oro Centre Secondary Plan area is a prominent corner /gateway in the Township of Oro - Medonte. The availability of these lands for industrial development/redevelopment will allow for the growth of Oro Centre as a focal point of employment per the Official Plan policies. The re- designation and rezoning of this property allows for increased economic development activity in an area where the Township envisions and desires future employment growth to occur. DEVELOPMENT SERVICES Report No. DS 2013 -019 Meeting Date: April 10, 2013 Page 5 of 11 Page 92 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... Infrastructure and Public Service Facilities Section 1.6 deals with infrastructure and public service facilities. Planning for infrastructure and public service facilities shall be integrated with planning for growth so that these are available to meet current and projected needs. Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost - effective manner to accommodate projected needs. 1.6.4.3 Municipalities may choose to use private communal sewage services and private communal water services, and where policy 1.6.4.4 permits, individual on -site sewage services and individual on -site water services, where: a) municipal sewage services and municipal water services are not provided; and b) the municipality has established policies to ensure that the services to be provided satisfy the criteria set out in policy 1.6.4.1. The Oro Centre area is proposed to be serviced by municipal sewer and water or communal services. The site will be developed in the short term with individual water and sewer services in conjunction with all other properties in this area. 1.6.6.1 Planning authorities shall plan for and protect corridors and rights -of -way for transportation, transit and infrastructure facilities to meet current and projected needs. 1.6.6.2 Planning authorities shall not permit development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. The subject lands are designated Highway 11 Special Policy Area and Agricultural in the Oro Centre Secondary Plan Area. The lands, including all the lands adjacent to Line 7 North within the Oro Centre Plan area, were placed in this designation during the last review of the Official Plan in the late 1990s to allow for the future expansion of Highway 11 at this particular intersection. The Ministry of Transportation (MTO) envisioned that a potential clover -leaf would be needed at the intersection of Highway 11 and Line 7 in the future, however, since this time it has further been determined by the MTO that a clover -leaf will not be considered. The use of these properties for commercial purposes is entirely appropriate given their location adjacent to Highway 11. The above noted Provincial Policy Statement policies were the principles which formed the basis to create the Oro Centre Secondary Plan area at Highway 11 and Line 7. This Official Plan Amendment (2011- OPA -03) is requesting that an existing Official Plan designation (Oro Centre Commercial) be extended to the whole property and replace the Highway 11 Special Policy Area designation for which MTO has commented it has no plans for the next 20 years. Twenty years is the time horizon that the PPS ask municipalities to provide policies in their Official Plan. Staff is of the opinion that the requested Official Plan Amendment does not offend the policies of the Provincial Policy Statement. Places to Grow The Places to Grow Act was established in 2005, and was the catalyst for the Growth Plan for the Greater Golden Horseshoe (PTG) which took affect in June of 2006. This Plan is an important tool for the Provincial Government to implement growth management for this region up until the year 2031. The Plan is about building complete communities that are well- designed, DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 6 of 11 Page 93 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... offer transportation choices, accommodate people at all stages of life and have the right mix of housing, a good range of jobs, and easy access to stores and services to meet daily needs. The PTG Plan deals with all aspects of development, with some principle guidelines including: • a desire to build compact and complete communities; • supporting a strong economy; • protection of natural resources; • efficient use of infrastructure; and • use of dynamic approaches to growth management that includes collaboration of all stakeholders. Section 2.2.2 h) "Managing Growth" encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services. Section 2.2.6, "Employment Lands" speak to an adequate supply of land providing locations for a variety of employment use will be maintained to accommodate the growth forecasts in the Plan. Subsection 2 provides that municipalities will promote economic development and competitiveness by "providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long -term needs." Subsection 2c) provides municipalities will promote economic development by: planning for, protecting and preserving employment areas for current and futures uses. Places to Grow has policies to direct development to settlement areas, however does not have specific policies to provide direction to municipalities how they should consider an Official Plan Amendment to existing employment lands /secondary plan in the rural area outside of the settlement area. The development of the subject lands takes into consideration the location in terms of being located within an area in the Township that is to evolve into a focal point for economic growth providing increased economic development, while also contemplating and balancing the Places to Grow policies. In my opinion the proposed amendment to the Official Plan conforms to the policies of the Places to Grow Growth Plan. County of Simcoe The Township of Oro - Medonte is a lower -tier municipality that is subject to the policies of the County of Simcoe being the upper -tier municipality. The County's Official Plan contains overall growth policies and planning strategies to help provide guidance for growth throughout the region. The general intent of the County Official Plan is to direct urban -type growth to the settlement areas throughout the County, and to preserve prime agricultural land. General policies relating to Settlement and development provide direction in terms of how lands can be developed to ensure protection of environmental features, and to manage growth so that municipalities can provide servicing effectively and efficiently. The lands are designated Special Development Area in the current County of Simcoe Official Plan. Special Development Areas recognize major commercial, industrial, and recreational areas, or a combination thereof, associated with particular attractions or infrastructure in the County such as Casino Rama and the Lake Simcoe Regional Airport. An objective of this designation is to recognize they are major economic generators in the County, to ensure they are comprehensively planned to maximize coordination of infrastructure planning and ensure timely consideration of development applications, and to ensure they are located and planned to DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 7 of 11 Page 94 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... protect important natural features and functions and resources of the County, and where appropriate, to be designed so as to be integrated with and /or sensitive to the character of the area in which they are located. The proposed development must comply with the policies established within the County's Official Plan, and does so in the following way: • The County promotes employment growth in association with the Lake Simcoe Regional Airport. The subject lands are the gateway to the Airport lands; • No portion of the site is within the County Greenland's designation; • Proposes growth without the need for expansion of the Secondary Plan area; • Development does not impact prime agricultural lands; • The development integrates new industrial development, in proximity to other industrial uses both current and proposed within Oro Centre and the Lake Simcoe Regional Airport lands; and • The development will act as a catalyst for further commercial /industrial development and investment in the immediate area. Overall, the proposed Amendment to the Official Plan would conform to the County of Simcoe Official Plan. CONSULTATIONS: Supporting documentation was submitted in support of the proposed development and circulated to internal Township Departments and relevant external agencies. Their comments are reviewed as follows: Ministry of Transportation — MTO staff have no objection in principle to the applications. MTO staff did inform the Planning Department that MTO's engineers reviewed this location at the 20 year horizon and they have no plans to construct an interchange in this location. The official plan is a municipal document and therefore MTO is not bound by it. If Oro - Medonte or the County of Simcoe wishes to continue to protect lands in the immediate area through the Official Plan for future highway improvement they may do so however it is based on a local direction not based on direction from MTO. As part of the Site Plan Process the applicant will be required to provide the following" Traffic Impact Study, Site Grading /Site Servicing Plan, Stormwater Management Plan to the satisfaction of MTO. A detailed site plan including site servicing and grading details and a stormwater management report will be required to be submitted to the Ministry of Transportation for their review and approval. ATTACHMENTS: Schedule #1- Location Map Schedule #2- Applicant's Plan CONCLUSION: On the basis of the analysis provided above, Planning staff support the proposed Official Plan Amendment No.32 to re- designate the subject lands from "Highway 11 Special Policy Area" and "Agricultural" to "Oro Centre Office- Industrial" and rezone the lands from Agricultural /Rural Exception 32 (A /RU*32) to Economic Development (ED) Zone. The proposed Official Plan Amendment Application and Zoning By -law Amendment Application is consistent with the DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 8 of 11 Page 95 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... Provincial Policy Statement and conforms to the policies of Places to Grow Growth Plan and the County of Simcoe Official Plan and Township of Oro - Medonte Official Plan. The proposed Amendment which would permit the development of the site for Office- Industrial Uses is considered to be appropriate and represents good planning. Respectfully submitted: Andria Leigh, MCIP,RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Report No. DS 2013 -019 Meeting Date: April 10, 2013 Page 9 of 11 Page 96 of 174 10i) Report No. DS2013 -019, Andria Leigh, Director of De... Schedule #1 — Location Map LOCATION MAP LAKE SIMCOE REOI0NALAIRPORT W Z J SUBJECT LANDS HIGHWAY 11 7 TOW NSH I P OFFICE n W Z J -4- E--] ■ LANDS SUBJECT TO OFRGAL PLAN AMENDMENT 2012- OPA -02 AND 2012- ZBA -10 DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013 -019 Page 10 of 11 Page 97 of 174 10i) Report No. DS2013-019, Andria Leigh, Director of De Schedule #2- Applicant's Plan w. NI 3Z 3C-34 —95 o Ci C11 o Legend: Orange - Proposed new lot line for industrial zoning Green - Permanent tree line to be maintained (minimum of 7m on each side and back, and minimum of 5m on the road side Green Lined - Non Permanent treed area with industrial zoning Purple - Cleared area for driveway and shop (40m by 40m plus driveway) Black - Shop ( 35m by 20m this is not a fixed size as it is not know yet but this is an estimate) 2 Storey Brick Dwelling - Existing house is being renovated with a large addition being built on DEVELOPMENT SERVICES Meeting Date: April 10, 2013 Report No. DS 2013-019 Page 11 of 11 Page 98 of 174 12a) Announcements of Interest to the Public . Concert by A... Siviier- sosl.9Writer Anne WalLer Iq cogcert at the historic Coulson Church Horseshoe Valley Road Saturday, May 25, 2013 7:00 PM for tickets aqd igforn)atioq call: r F y? lap Walker (705) 835 -2760 G' 4 Ar)r)e Walker (416) 287 -2951 µ. Website: www.ar)r)ewalker.ca Tickets $15.00 Page 99 of 174 12b) World Autism Day - Blue Jays Superfan - http: / /www.... Brissette, Marie Subject: RE: World Autism Day - Blue Jays Superfan From: Tanya Stephenson Sent: Wednesday, April 03, 2013 10:10 PM To: Othman, Samah Cc: Hughes, Harry Subject: Re: World Autism Day - Blue Jays Superfan Hi Sam and Mayor Hughes, This is a wonderful story and I will be sharing it with our team! On a side note, I can't tell you how much my family and I appreciate the support and how proud I am to live in a community where acceptance and inclusion of all individuals is a priority. Your thoughtfulness in sending this along, as a follow up to your phone call, only confirms that my husband and I chose the right location to raise our family and we are grateful for your kindness... With many thanks, Tanya Sent from my iPhone On 2013- 04 -03, at 12:03 PM, " Othman, Samah" <sothman @oro- medonte.ca> wrote Hi Tanya, As per Mayor Hughes' voicemail message, please find a link to the video pertaining to the Blue Jays superfan and his story living with Autism. This is a great story — enjoy http://www.cbc.ca/news/canada/story/2013/04/03/mays-stub.html Regards, Sam Samah Othman, CMO Executive Assistant / Corporate Communications Specialist Township of Oro - Medonte Page 100 of 174 12b) World Autism Day - Blue Jays Superfan - http: / /www.... Jays superfan gets a surprise from player - Canada - CBC News CBCne I Canada . Tax season . How rich hide money ■ Korean military might ■ Instagram arrest Home World Canada Politics Business Health Arts & Entertainment Technology &Science Community Weather Video IPhoto Galleries Jays superfan gets a surprise from player CBC News Posted: Apr 3, 2013 7:13 AM ET I Last Updated: Apr 3, 2013 8:58 AM ET Facebook,! 378 Twiner III 34 As the Toronto Blue Jays opened their 2013 season on Tuesday Kamloops evening, Matt Harvey, a longtime fan with an overwhelming presence on 'I ; 0 Twitter, was invited to the team's home opener by catcher J.P. Arencibia. snare 472 Having previously suffered from Asperger's Syndrome, Harvey used to Email be bullied often, once getting thrown into a locker room and having Manitoba insults hurled at him. Thunder Bay When Arencibia found out about his experiences, he reached out to Sudbury Harvey and offered him a surprise. Blue Jays superfan 3:01 • British Columbia Hamilton Kamloops Toronto Calgary Ottawa Edmonton Montreal Saskatchewan New Brunswick Manitoba Prince Edward Island Thunder Bay Nova Scotia Sudbury Newfoundland & Windsor Labrador Kitchener - Waterloo North Report Typo Send Feedback Facebook Twitter k7 I Share ^Email Stay Connected with CBC News 0, f Mobile Facebook Podcasts Twitter Alerts Newsletter htt p: / /www.ebe- ca/news /emada/story/ 2013 /04/03 /jays- stub.htn l[4 /5/2013 9:11:24 AM] Top News Headlines ■ Canadian's firm used in huge Russian tax scandal a L7 45 ■ Friend of Canadians in Algerian attack studied Page 101 of 174 13a) Correspondence dated March 27, 2013 from Murray A.... Township of Oro- .Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Murray A. Greaves 1929 Penetanguishene Road Barrie, Ontario L4M 4Y8 Date: March 27''', 2013 Re: Request for By -law Exemption at 1945 Penetanguishene Road To the Members of Council, MAR 2 7 1013 ORO- MEDONTE This letter is to request an exemption to to Part 5.11 with regards to the placement of a Refreshment Vehicle on commercially zoned property. We own and operate a family farm known as Green Valley Farms Inc., on lots 28 and 29 which are zoned agricultural. 1945 Penetanguishene Road is a RU zoned property in the middle of our farm where we wish to operate a Refreshment Vehicle for the purposes of selling our farm raised meats and vegetable products. We appreciate your consideration in this matter, Murray A. Greaves Green Valley Farms Inc. Page 102 of 174 13b) Correspondence dated April 2, 2013 from David Birni... April 2, 2013 To: Jerry Ball Re: Why is Hydro One proposing the movement of the hydro line from the west side of Line 4 to the east side of Line 4? It was brought to the attention of residents on Line 4, just south of the proposed solar facility, that Hydro One wanted to move the existing hydro line from the west side of Line 4 to the east side of Line 4 half way up the road between Mr. Ferris's property on the west and Mr. Birnie's property on the east. Mr. Birnie and other concerned residents have questioned the rational and motives for the proposed move of the hydro line, and are asking the Township of Oro - Medonte to consider and support the many objective reasons for leaving the existing hydro line on the west side of the road. 1. During the early discussions between the Township of Oro - Medonte, Hydro One, and the solar facility on Line 4, it was explained to Mr. Jerry Ball and Mrs. Lisa McNiven that the "Hydro Guy" (Mr. Tim Ferris: Superintendent— Station Services) was okay with leaving the hydro line on his property which is on the west side of Line 4. Obviously Mr. Tim Ferris should have known as a Superintendent employed with Hydro One that there was a Hydro One easement on the property when he purchased it a few years ago. Mr. Ferris, who holds a prominent position within Hydro One, should have understood when he purchased the property that he was accepting all established easements. Therefore, it is expected that he would be cooperative with the improvement of the line on the west side of Line 4 across the front of his property. 2. Recently, Hydro One cleared the township right -of -way on the west side of Line 4 half way up Mr. Ferris's property. Then the work came to a complete halt. Just before the cutting of the trees on the west side of Line 4, Hydro One approached Mr. Birnie on the east side of Line 4 and asked if he would cooperate with Hydro One and accept the line coming over the road and running up the front of his property. It was explained by Troy from Hydro One to Mr. Birnie that "Tim" (Mr. Tim Ferris: Superintendent — Station Services) would "not work with" Troy, a fellow employee at Hydro One. Furthermore, Mrs. Lynn Hayes "would not talk to him" and that the township preferred the hydro line to be relocated to the east side of Line 4. It seemed apparent that no one on the west side of the road wanted to cooperate with Hydro One. It was later discovered, that Mr. Ferris actually put a stop to the tree cutting in front of his property even though the trees were on the hydro and township easements. Ultimately, if Mr. Birnie was willing to cooperate with Hydro One it would accommodate Mr. Ferris and Mrs. Hayes. The proposal to move the hydro line to the east side of Line 4 would also positively affect Page 103 of 174 13b) Correspondence dated April 2, 2013 from David Birni... the aesthetics and value of Mr. Ferris's property, but negatively affect the aesthetics and value of Mr. Birnie's and Mr. Crocker's properties located on the east side of the road. During the meeting on March 22, a Hydro One employee explained that continuing the cutting of trees on Mr. Ferris's property "would look terrible ". However, those trees and the township easement do not belong to Mr. Ferris and he has no authority to stop the work by Hydro One, despite his position as the "Superintendent — Station Services ". Mr. Ferris's protests, Hydro One's stoppage of work and alternate proposal seem to be a conflict of interest. Hydro One explained that the proposal to move the line to the east side of Line 4 would cost the solar facility less money and time if Mr. Birnie would cooperate and allow for a Hydro easement on his property. When Mr. Birnie showed resistance to the proposal, Hydro One explained that they did not really need Mr. Birnie's approval as they could either drill under the road at a large expense to the solar facility or simply place the new hydro line in the ditch in front of Mr. Birnie's and Mr. Crocker' property with Oro - Medonte's consent using a variance. However, the east ditch has recently been cleaned out by the Township of Oro - Medonte and this ditch has Watercress growing in it due to the fact that the ditch contains flowing water most of the year. Putting a hydro pole in a wet ditch seems ridiculous. In addition, this proposal would necessitate the pruning and potential harm of two Butternut trees which the Ministry of Natural Resources had declared a "species at risk ". There are also two mature Sugar Maples, two mature Carolina Poplars, and one mature Ash tree on the east side of the road that would have to be pruned and potentially harmed as well. 4. During the meeting on March 22, one of the Hydro One employees acknowledged that Mr. Ferris has an interest in selling the property on Line 4 in the very near future. This furthers the concern that Hydro One's proposal is intended for the benefit of one of its own employees at the expense of local residents, the harm to species at risk, and the potential damage to the reputation of Hydro One as a government organization. The Birnie family and the Crocker family who reside on the east side of Line 4 want the hydro line, which has been in place on the west side of the road since 1951, to remain on the west side of the road where there is already an existing hydro easement. Hydro One and taxpayers have already acquired the easement on the west side of Line 4 and to abandon this acquisition and propose an alternative plan that invokes negative impact on residents and on protected species seems irresponsible. Page 104 of 174 13b) Correspondence dated April 2, 2013 from David Birni... 6. Mr. Ralph Hayes, who owns the property north of Mr. Ferris's property on the west side of Line 4, was never consulted by Hydro One. Mr. Hayes explained in a meeting held on March 22, that he was indifferent toward the Hydro One proposal of moving the line to the east side of the road, but would like the poles to be removed out of his field and placed on the township right -of -way, thus allowing him better access to his field. In other words, he is okay with keeping the line on the west side and would hope that the new poles would move out of his field and onto the township right -of -way. Hydro One's neglect to contact and inform Mr. Hayes of the proposal seems purposely bias and unprofessional as if they are seeking a particular perspective. 7. In the center of Mr. Ralph Hayes' property on the west side of Line 4, Mr. Rick Hayes and his wife Lynn own a house and property, and it was explained to Mr. Birnie, by Hydro One, that Mrs. Lynn Hayes was against keeping the hydro line on the west side of the road in front of her house, and wanted it moved to the east side of the road. However, upon investigation, whether the line remains on the west side of the road or is moved to the east side of the road, Mrs. Hayes will have the existing line removed from her front yard as the line will cross over the road before it reaches her residence in order to connect with the solar facility on the east side of Line 4. Once the hydro line moves to the east side of the road (logically at the south west corner of the solar facility property which is south of Mrs. Hayes' residence) the line will travel up the east side of Line 4 toward Edgar, directly removing the hydro line from the Hayes' front yard. Hydro One's use of Mrs. Hayes' objection as an excuse to endorse their proposal seems disingenuous and purposely misleading in an effort to possibly benefit one of its prominent employees. 8. Hydro One has also explained that the solar facility will be paying the bill to update the lines and clear the hydro and township easements on Mr. Ferris's property. Currently, Oro - Medonte Township has paid a private contractor to clear trees and brush on township roads in an effort to maintain the ditches and easements. if the solar facility and Hydro One will clear the trees on the west side of Line 4 at no expense to the taxpayers of Oro - Medonte, it would seem logical from an financial perspective that the township would endorse the position of Mr. Birnie and Mr. Crocker. Furthermore, as the township clears the ditches and easements, it has been brought to the attention of residents that they have no say over the removal of trees from the ditches and easements as it is the responsibility of the township to maintain township property. Therefore, why would a resident of Springwater Township, Mr. Ferris, who also owns the property in question on Line 4, have special privileges as he is able to stop the Page 105 of 174 13b) Correspondence dated April 2, 2013 from David Birni... removal of township trees from township property, while residents of Oro - Medonte have not been afforded the same benefits? In conclusion, any effort, excuse and expense to move the hydro lines from the west side of Line 4 in front of the property owned by Mr. Ferris to the east side of line 4 in front of Mr. Birnie's and Mr. Crocker's property appears to be self- serving and a conflict of interest. On March 22, it was made clear to all parties involved that Mr. Ferris (Superintendent — Station Services) owns the property that Hydro One appears to be protecting at the expense of other residents on Line 4. As a result, Hydro One has placed the final decision in the hands of the Oro - Medonte Township. In the interest of serving the residents and municipal taxpayers of Oro - Medonte, as well as protecting those species at risk, we would ask that this Council reject Hydro One's proposal to move the hydro line to the east side of Line 4 in front of the Birnie and Crocker properties. We recognize that having trees cut down to improve easements and update lines is necessary, but all decisions should be made based on the full disclosure of facts, the fair treatment of all residents concerned, and honest business practices, especially when it involves a government organization such as Hydro One. Sincerely, David Birnie 1283 Line 4 North RR1 Shanty Bay, ON, LOL 21-0 Page 106 of 174 13b) Correspondence dated April 2, 2013 from David Birni... Page 107 of 174 A o� tin S i :;-D P .� L� gia � z Page 107 of 174 )WS h� A eld 13b) Correspondence dated April 2, 2013 from David Birni... Al �-,i # zG 12 �^ - Zz Page 108 of 174 15a) A By -law to amend the zoning provisions which apply... 119: 1:981010:161 Eel H1 ad: 1:0iHTJIZ &]:IIZo7:ro]:Z02�d:11I0L11 1 -I BY- LAW NO. 2013 -041 A By -law to amend the zoning provisions which apply to lands within Part, of Lot 1, Concession 10 (Former Township of Oro), 3270 Line 10 North (Roger and Heather Kerslake 2012- ZBA -15) 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, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C3.2 of the Official Plan; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'A17' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part Lot 1, Concession 10 (Former Township of Oro); 3270 Line 10 North, Township of Oro - Medonte, from the Agricultural /Rural Exception 15 (A /RU *15) Zone to the Residential One Exception 224 (R1 *224) and the Residential One Exception 225 (R1 *225) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.224* *224* — PART OF LOT 1, CONCESSION 10, MUNICIPALLY KNOWN AS 3270 LINE 10 NORTH (FORMER ORO) "Notwithstanding "Table B1 — Standards for Permitted Uses in the R1 Zone, the following provisions apply: a) Width of planting strip adjacent to front lot line 6.0 metres" 3. Section 7 — Exceptions of Zoning By -law 97 -95 as amended is hereby further amended by adding the following subsection: "7.225* *225* — PART OF LOT 1, CONCESSION 10, MUNICIPALLY KNOWN AS 3270 LINE 10 NORTH (FORMER ORO) "In addition to Table B1 — Standards for Permitted Uses in the R1 Zone ", the following provision applies: a) Minimum required front yard (dwelling) 3.0 metres And Notwithstanding Section 5.1.6 — Maximum Floor Area, one detached accessory building is permitted with a maximum floor area of 139.1 sq.m." Page 109 of 174 15a) A By -law to amend the zoning provisions which apply... 4. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. � 17 I � • i • 7 :71 • 7 :7n� � [ • ] � H ] � � : I � C H � J / � 6y :111 • 7 � • ] : Z • � � �, I � • L l � r r � Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 110 of 174 15a) A By -law to amend the zoning provisions which apply... Page 111 of 174 15b) A By -law to Authorize the Execution of a Site Plan 19: 1:90161 7aQX A1[ 07 Z1107 a9: I* 1101TAZ &] :II107:901Y0M�A1:I1I07Zk9:1 BY -LAW NO. 2013 -042 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 96, Plan 51 M -957, as in 58533 -0320 LT ROLL # 4346- 010 - 003 -26596 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 112 of 174 15b) A By -law to Authorize the Execution of a Site Plan ... APPENDIX "A" SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 96, Plan 51M -957, as in 58533 -0320 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26596 By -Law No. 2013 -042 April 10, 2013 Page 113 of 174 15b) A By -law to Authorize the Execution of a Site Plan THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless I+Ya71 *11f111*y Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 114 of 174 15b) A By -law to Authorize the Execution of a Site Plan SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10' day of April 2013, in accordance with Section 41 of the Planning Act. BETWEEN: Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the construction of a single detached dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B ": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 115 of 174 15b) A By -law to Authorize the Execution of a Site Plan ... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and /or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP Page 116 of 174 15b) A By -law to Authorize the Execution of a Site Plan ... The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 1,880 square feet (174.70 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule `B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan. attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control Page 117 of 174 15b) A By -law to Authorize the Execution of a Site Plan ... The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. C) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Priorto depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. Page 118 of 174 15b) A By -law to Authorize the Execution of a Site Plan 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 14 11 wao];KDWAIM*� Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Democrat Maplewood Limited per: Name: Enzo Palumbo Title: Authorized Signing Officer I have authority to bind the Corporation The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 119 of 174 15b) A By -law to Authorize the Execution of a Site Plan SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 96, Plan 51M -957 as in 58533 -0320 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346- 010 - 003 -26596 Page 120 of 174 15b) A By -law to Authorize the Execution of a Site Plan SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 96, Prepared by Valdor Engineering Inc dated February 11, 2013. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. Page 121 of 174 15b) A By -law to Authorize the Execution of a Site Plan SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A io Page 122 of 174 15b) A By -law to Authorize the Execution of a Site Plan SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. m Page 123 of 174 15c) A By -law to Authorize the Execution of a Site Plan 19: 1:90161 7aQX A1[ 07 Z1107 a9: I* 1101TAZ &] :II107:901Y0M�A1:I1I07Zk9:1 BY -LAW NO. 2013 -043 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 118, Plan 51M -957, as in 58533 -0342 LT ROLL # 4346- 010 - 003 -26618 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 124 of 174 15c) A By -law to Authorize the Execution of a Site Plan ... APPENDIX "A" SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 118, Plan 51M -957, as in 58533 -0342 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26618 By -Law No. 2013 -043 April 10, 2013 Page 125 of 174 15c) A By -law to Authorize the Execution of a Site Plan THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless I+Ya71 *11f111*y Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 126 of 174 15c) A By -law to Authorize the Execution of a Site Plan SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10' day of April 2013, in accordance with Section 41 of the Planning Act. BETWEEN: Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the construction of a single detached dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B ": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 127 of 174 15c) A By -law to Authorize the Execution of a Site Plan ... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and /or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: Page 128 of 174 15c) A By -law to Authorize the Execution of a Site Plan ... a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 1,164 square feet (108.13 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule `B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (1. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. Page 129 of 174 15c) A By -law to Authorize the Execution of a Site Plan ... h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. G) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Priorto depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. Page 130 of 174 15c) A By -law to Authorize the Execution of a Site Plan 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 14 11 wao];KDWAIM*� Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Democrat Maplewood Limited per: Name: Enzo Palumbo Title: Authorized Signing Officer I have authority to bind the Corporation The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 131 of 174 15c) A By -law to Authorize the Execution of a Site Plan SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 118, Plan 51M -957 as in 58533 -0342 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346- 010 - 003 -26618 Page 132 of 174 15c) A By -law to Authorize the Execution of a Site Plan SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 118, Prepared by Valdor Engineering Inc dated February 15, 2013. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. Page 133 of 174 15c) A By -law to Authorize the Execution of a Site Plan SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A io Page 134 of 174 15c) A By -law to Authorize the Execution of a Site Plan SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. m Page 135 of 174 15d) A By -law to Authorize the Execution of a Site Plan 19: 1:90161 7aQX A1[ 07 Z1107 a9: I* 1101TAZ &] :II107:901Y0M�A1:I1I07Zk9:1 BY -LAW NO. 2013 -044 A By -law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro - Medonte and Democrat Maplewood Limited described as lands as follows: Lot 95, Plan 51 M -957, as in 58533 -0319 LT ROLL # 4346- 010 - 003 -26618 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control, pursuant to By -Law No. 2009 -062; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A ", on lands described on the attached Schedule "A "; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro - Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By -Law; 4. THAT this By -Law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE MAYOR, H.S. HUGHES CLERK, J. DOUGLAS IRWIN Page 136 of 174 15d) A By -law to Authorize the Execution of a Site Plan ... APPENDIX "A" SITE PLAN AGREEMENT - between - DEMOCRAT MAPLEWOOD LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Lot 95, Plan 51M -957, as in 58533 -0319 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346 - 010 - 003 -26595 By -Law No. 2013 -044 April 10, 2013 Page 137 of 174 15d) A By -law to Authorize the Execution of a Site Plan THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless I+Ya71 *11f111*y Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction z Page 138 of 174 15d) A By -law to Authorize the Execution of a Site Plan SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 10' day of April 2013, in accordance with Section 41 of the Planning Act. BETWEEN: Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit the construction of a single detached dwelling on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B ": NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: Page 139 of 174 15d) A By -law to Authorize the Execution of a Site Plan ... 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro - Medonte By -law 2010 -059, retain the services of a consulting archaeologist for their on -site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the discovery of any ossuary and /or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and /or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and /or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township /Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: Page 140 of 174 15d) A By -law to Authorize the Execution of a Site Plan ... a) That the Township has enacted a By -law to permit the construction of a single detached dwelling with attached garage occupying 2,218 square feet (206.06 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule `B ", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (1. C. & 1) and multi -unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi -unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. Page 141 of 174 15d) A By -law to Authorize the Execution of a Site Plan ... h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. G) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Priorto depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. Page 142 of 174 15d) A By -law to Authorize the Execution of a Site Plan 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 14 11 wao];KDWAIM*� Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED Democrat Maplewood Limited per: Name: Enzo Palumbo Title: Authorized Signing Officer I have authority to bind the Corporation The Corporation of the Township of Oro - Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk Page 143 of 174 15d) A By -law to Authorize the Execution of a Site Plan SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 95, Plan 51M -957 as in 58533 -0319 LT TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE ROLL # 4346- 010 - 003 -26595 Page 144 of 174 15d) A By -law to Authorize the Execution of a Site Plan SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 95, Prepared by Valdor Engineering Inc dated March 12, 2013. Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. Page 145 of 174 15d) A By -law to Authorize the Execution of a Site Plan SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 Page 146 of 174 15d) A By -law to Authorize the Execution of a Site Plan SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. m Page 147 of 174 15e) A By -law to remove the Holding symbol On lands desc... 19: 1:90161 7aQX A1[ 07 Z1107 a9: I* LOITAZ &] :II107:901Y02�A1:I1I07Zk9:1 BY -LAW NO. 2013 -045 A By -law to remove the Holding symbol On lands described as follows: Lot 96, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346 - 010 - 003 -26596 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 96, Plan 51 M -957, Roll # 4346- 010 - 003 - 26596" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 148 of 174 15e) A By -law to remove the Holding symbol On lands desc... Schedule 'A' to By -Law No. 2013 -045 This is Schedule 'A' to By -Law 2012 -045 passed the 1 Ot' day of April, 2013. Mayor H.S. Hughes Clerk J. Douglas Irwin {� SUMAC CRESCENT 'Yr �0 n �o r C) G LANDS SUBJECTTO REMOVAL OF HOLD TOWNSHIP OF ORO- MEDONTE Page 149 of 174 15f) A By -law to remove the Holding symbol On lands desc... 19: 1:90161 7aQX A1[ 07 Z1107 a9: I* 1101TAZ &] :II107:901Y02�A1:I1I07Zk9:1 BY -LAW NO. 2013 -046 A By -law to remove the Holding symbol On lands described as follows: Lot 118, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346 - 010 - 003 -26618 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 118, Plan 51 M -957, Roll # 4346- 010 - 003 - 26618" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 150 of 174 15f) A By -law to remove the Holding symbol On lands desc... Page 151 of 174 15g) A By -law to remove the Holding symbol On lands desc... 19: 1:90161 7aQX A1[ 07 Z1107 a9: I* LOITAZ &] :II107:901Y02�A1:I1I07Zk9:1 BY -LAW NO. 2013 -047 A By -law to remove the Holding symbol On lands described as follows: Lot 95, Plan 51M -957 Township of Oro - Medonte, County of Simcoe Roll # 4346 - 010 - 003 -26618 WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A16', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 95, Plan 51 M -957, Roll # 4346- 010 - 003 - 26618" as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 152 of 174 15g) A By -law to remove the Holding symbol On lands desc... Page 153 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -049 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte OPA No. 32 (Mike Mills) WHEREAS The Corporation of the Township of Oro - Medonte is empowered to Amend its Official Plan as required; AND WHEREAS Sections 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provide Council such authority to amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro - Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to lands within Part of Lot 20, Concession 8, Part 1, 51 R- 33801 (former Township of Oro), municipally known as 57 Line 7 North, Township of Oro - Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro - Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: That the attached explanatory text and Schedule "A -1 ", which constitute Amendment Number 32 to the Official Plan, is hereby adopted and; 2. That the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.32 to the Official Plan of the Township of Oro - Medonte; and 3. That this By -law shall come into effect upon the date of passage therefore subject to the provisions of the Planning Act R.S.O. 1990, c. P. 13, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 154 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... Schedule 'A -1' to By -Law No. 2013 -049 (Official Plan Amendment No. 32) This is Schedule 'A -1' to By -Law 2013 -049 passed the 1 Ot' day of April, 2013. Mayor Clerk H.S. Hughes J. Douglas Irwin Page 155 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... OFFICIAL PLAN AMENDMENT NO. 32 (MIKE MILLS) TOWNSHIP OF ORO- MEDONTE Page 156 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... AMENDMENT NO. 32 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO- MEDONTE The attached explanatory text and Schedule "A -1" constituting Amendment Number 32 to the Official Plan for the Township of Oro - Medonte, was prepared and adopted by the Council of the Corporation of the Township of Oro - Medonte, by By -law Number 2013- 049 in accordance with the provisions of Section 17, 21 and 22 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended. MAYOR — H. S. Hughes CLERK — J. Douglas Irwin 2 Page 157 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -049 A By -law to Adopt An Amendment to the Official Plan of the Township of Oro - Medonte OPA No. 32 (Mike Mills) WHEREAS The Corporation of the Township of Oro - Medonte is empowered to Amend its Official Plan as required; AND WHEREAS Sections 17, 21, and 22 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provide Council such authority to amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro - Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to lands within Part of Lot 20, Concession 8, Part 1, 51 R -33801 (former Township of Oro), municipally known as 57 Line 7 North, Township of Oro - Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro - Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: That the attached explanatory text and Schedule "A -1 ", which constitute Amendment Number 32 to the Official Plan, is hereby adopted and; That the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.32 to the Official Plan of the Township of Oro - Medonte; and 3. That this By -law shall come into effect upon the date of passage therefore subject to the provisions of the Planning Act R.S.O. 1990, c. P. 13, as amended. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin 3 Page 158 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... CERTIFICATION Certified that the above is a true copy of By -law No. 2013 -049 as enacted and passed by Council of the Corporation of the Township of Oro- Medonte on the 10th day of April, 2013. CLERK 4 Page 159 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... OFFICIAL PLAN AMENDMENT No. 32 TABLE OF CONTENTS CONSTITUTIONAL STATEMENT PART 1 — THE INTRODUCTION 1.1 TITLE 1.2 COMPONENTS 1.3 BACKGROUND 1.4 LOCATION 1.5 BASIS OF THE AMENDMENT 1.5.1 Application 1.5.2 Proposal and Site History 1.5.3 Provincial Planning Policies -PPS and PTG 1.5.4 County of Simcoe Planning Policies 1.5.5 Township of Oro - Medonte Planning Policies 1.5.6 Zoning 1.5.7 Conclusions PART 2 — THE AMENDMENT 2.1 PREAMBLE 2.2 DETAILS OF THE AMENDMENT 2.3 IMPLEMENTATION 2.4 INTERPRETATION SCHEDULE `A' PART 3 — THE APPENDICES Appendix 1: Site Plan Drawing Page 160 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... THE CONSTITUTIONAL STATEMENT The following Amendment to the Official Plan for the Township of Oro - Medonte consists of three parts. PART I — The Preamble - consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. PART II — The Amendment - consisting of the following text and Schedule "A -1 ", constitute Amendment No.32 to the Official Plan for the Township of Oro- Medonte. PART III - The Appendices - consisting of the background data associated with this Amendment. This section does not constitute part of the actual Amendment. 11 Page 161 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... AMENDMENT No.32 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO- MEDONTE "Mike Mills" PART 1 — INTRODUCTION 1.1 TITLE This Amendment when approved by the County of Simcoe shall be known as Amendment No.32 to the Official Plan of the Township of Oro - Medonte. 1.2 COMPONENTS This Amendment consists of the text and Schedule "A -1" attached hereto. Schedule "A- 1", attached hereto, provides mapping indicating thereon the location of the lands for which a change in the land use designation is being proposed and the specific land use proposed for the site. The text provides for an amendment to permit the development of future office /industrial uses on the property. The introduction does not constitute part of the actual Amendment, but is included for information purposes. 1.3 BACKGROUND The purpose of this Amendment to the Official Plan of the Township of Oro - Medonte, is to re- designate certain lands located in Part of Lot 20, Concession 8, Township of Oro - Medonte, from the Highway 11 Special Policy Area and Agricultural designations to the Oro Centre Office /Industrial designation in order to permit the future use of the property for Industrial and office uses. The subject lands have a total land area of approximately 2 hectares. 1.4 LOCATION The lands affected by this Amendment are located within the Oro Centre Secondary Plan area on the northeast corner of Highway 11 and Line 7 South. The site is municipally known as 97 Line 7 North, and is legally described as Part of Lot 20, Concession 8, Township of Oro - Medonte, County of Simcoe. 7 Page 162 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... 1.5 BASIS OF THE AMENDMENT 1.5.1 Application An application was made and determined by the Township to be complete as of September 2012. The applications submitted on behalf of Mike Mills, was made to amend both the Township of Oro - Medonte Official Plan and Zoning By -law for lands municipally known as 97 Line 7 North. The purpose of the applications was to amend the planning documents to permit the development of an office - industrial building on the subject lands. 1.5.2 Proposal and Site Histor The amendment originated from an application for appropriate planning amendments to permit the use of the entire subject lands for various office - industrial uses, including but not limited to a shop. The property itself is approximately 2 hectares in area with frontage of approximately 157 metres (515 feet) along Line 7 North. The property currently contains a single detached dwelling. There is currently one ingress /egress point off Line 7 North. The proposal is for an industrial building (shop) with approximately 700 square metres (7535 square feet). Ingress and egress is proposed through one existing point off Line 7 North for the proposed industrial building. The site will be serviced by an individual well and septic as Oro Centre is not currently a municipally serviced area of the Township. Lot grading and drainage would be addressed on a site plan during the site plan approval stage. Currently the Highway 11 Special Policy area designation permits no new development but recognizes existing development. The Amendment is necessary to permit development of any kind on the subject lands. 14 Page 163 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... 1.5.3 Provincial Planning Policies — Provincial Policy Statement and Places to Grow Growth Plan Provincial Policy Statement The Provincial Policy Statement (PPS) was revised on March 1, 2005 to include new and revised policies along with the requirement to `be consistent with' those policies. The PPS does not require absolute conformity, however, decisions must reflect required standards and implement results that align with and move toward the goals of the PPS. Furthermore, the approval authority must consider all the components of the PPS and how they interrelate. The PPS seeks to provide for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural environment. The Vision of the PPS is to promote the long -term prosperity and social well -being of Ontarians by maintaining strong communities, a clean and healthy environment, and a strong economy. The three principal parts of the PPS include (i) Building Strong Communities, (ii) Wise Use and Management of Resources and (iii) Protecting Public Health and Safety. As such, the following relevant section and sub - sections of the PPS are applied to the proposed development of the subject lands. Building Strong Communities 1.1 Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns 1.1.1 Healthy, livable and safe communities are sustained by b) accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long -term needs. c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; e) promoting cost - effective development standards to minimize land consumption and servicing costs; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. 1.1.2 Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. The development of this property within the Oro Centre Secondary Plan area for industrial uses assists in meeting long -term employment land needs for the Township of Oro - Medonte, utilizes existing road networks, and minimizes land consumption as the site is a redevelopment of a property that is within the designated Oro Centre area of the Township. In addition, there are no known natural heritage features on the subject lands. Page 164 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... Employment Areas 1.3.1 Planning authorities shall promote economic development and competitiveness by. a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long -term needs; b)providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) planning for, protecting and preserving employment areas for current and future uses; d) ensuring the necessary infrastructure is provided to support current and projected needs. The Oro Centre Secondary Plan area is a prominent corner /gateway in the Township of Oro - Medonte. The availability of these lands for industrial development/redevelopment will allow for the growth of Oro Centre as a focal point of employment per the Official Plan policies. The redesignation and rezoning of this property allows for increased economic development activity in an area where the Township envisions and desires future employment growth to occur. Infrastructure and Public Service Facilities Section 1.6 deals with infrastructure and public service facilities. Planning for infrastructure and public service facilities shall be integrated with planning for growth so that these are available to meet current and projected needs. Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost - effective manner to accommodate projected needs. 1.6.4.3 Municipalities may choose to use private communal sewage services and private communal water services, and where policy 1.6.4.4 permits, individual on -site sewage services and individual on -site water services, where: a) municipal sewage services and municipal water services are not provided; and b) the municipality has established policies to ensure that the services to be provided satisfy the criteria set out in policy 1.6.4.1. The Oro Centre area is proposed to be serviced by municipal sewer and water or communal services. The site will be developed in the short term with individual water and sewer services in conjunction with all other properties in this area. 10 Page 165 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... 1.6.6.1 Planning authorities shall plan for and protect corridors and rights -of -way for transportation, transit and infrastructure facilities to meet current and projected needs. 1.6.6.2 Planning authorities shall not permit development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. The subject lands are designated Highway 11 Special Policy Area and Agricultural in the Oro Centre Secondary Plan Area. The lands, including all the lands adjacent to Line 7 North within the Oro Centre Plan area, were placed in this designation during the last review of the Official Plan in the late 1990s to allow for the future expansion of Highway 11 at this particular intersection. The Ministry of Transportation (MTO) envisioned that a potential clover -leaf would be needed at the intersection of Highway 11 and Line 7 in the future, however, since this time it has further been determined by the MTO that a clover -leaf will not be considered. The use of these properties for commercial purposes is entirely appropriate given their location adjacent to Highway 11. The proposed Amendment to the Official Plan is consistent with the Provincial Policy Statement. Places to Grow The Places to Grow Act was established in 2005, and was the catalyst for the Growth Plan for the Greater Golden Horseshoe (PTG) which took affect in June of 2006. This Plan is an important tool for the Provincial Government to implement growth management for this region up until the year 2031. The Plan is about building complete communities that are well- designed, offer transportation choices, accommodate people at all stages of life and have the right mix of housing, a good range of jobs, and easy access to stores and services to meet daily needs. The PTG Plan deals with all aspects of development, with some principle guidelines including: o a desire to build compact and complete communities; • supporting a strong economy; • protection of natural resources; • efficient use of infrastructure; and • use of dynamic approaches to growth management that includes collaboration of all stakeholders. Policies within PTG fall within three main categories including: growth, infrastructure, and protecting what is valuable. 5.1.1 Where and How to Grow The Where and How To Grow section of the PTG Plan reiterates the policy direction provided by the Building Strong Communities Section within the PPS. This section essentially notes that better use of land and infrastructure can be achieved by directing growth to existing urban areas. 11 Page 166 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... Managing Growth: The PTG Plan outlines a number of policy goals to help manage sustainable population and employment growth. One of the goals is to direct growth to built up areas of the community, through intensification. The PTG Plan encourages cities and towns to develop as "complete communities" with a diverse mix of land uses. The policy goal being to meet people's daily needs by creating compact communities, with accessible housing, jobs, recreation and amenities. In addition, the Plan encourages ensuring the availability of sufficient land for employment to accommodate forecasted growth to support economic competitiveness. Oro Centre is a Secondary Plan Area in the Township of Oro - Medonte that has primarily developed, and is planned to develop as an Employment area. According to Official Plan policies, it is to be considered a focal point for employment generating development and redevelopment. The proposed use of the site allows one of the most prominent areas of the Township to further evolve into a focal point and important employment area that will lead to job creation and investment in the region. The intersection of Highway 11 and Line 7 South and North is a gateway area to both the Oro Centre Secondary Plan lands which accommodates the Township Municipal Offices, in addition to the Lake Simcoe Regional Airport lands which are planned for significant growth in the future. Employment Lands: Municipalities are to promote economic development and competitiveness by providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long -term needs. As well as, providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. The Oro Centre Secondary Plan area has for over a decade been essentially frozen for development purposes due to a potential expansion of the intersection by the MTO, thereby, not allowing for the potential of this area to be realized in terms of the economic hub that it is projected to become. Providing opportunities for businesses to develop in Oro Centre is fundamental to ensuring a prosperous economic future. The PTG Plan notes that it is important to ensure there is an adequate supply of land for employment areas and other employment uses. Allowing for future development in a location that is not only a gateway to the Township and located along a major highway, but is fundamental to economic growth, is good planning. 5.1.2 Infrastructure to Support Growth Existing and future infrastructure is sought that will optimize growth to 2031 and beyond. Infrastructure includes, but is not limited to, transit, transportation corridors, water and wastewater systems, waste management systems, and community infrastructure. This project conforms to the infrastructure policies as follows: • Development is immediately north of Highway 11, a major highway moving people north to south through Ontario. Ingress and egress is currently provided to the site from Line 7 North a haul route. The development of the property for 12 Page 167 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... employment uses helps facilitate efficient movement of goods by linking Oro - Medonte with the rest of Ontario. • Development opportunities that do not require the development of new infrastructure should be considered efficient and desirable. The development of the property will be by individual well and septic as Oro Centre is not a municipally serviced area in the Township. This is consistent with all other development within the Secondary Plan Area. • Stormwater management will occur in a manner consistent with Provincial guidelines and best management practices as reviewed and approved by the Township and the Ministry of the Environment where applicable. • The road network is sufficient to sustain any future traffic that will be generated by development on the subject lands. • Development of the subject lands takes into account the availability and location of existing and planned community infrastructure thereby utilizing it efficiently and effectively. The development proposed will support and utilize existing infrastructure creating an efficient use of the subject lands, thereby creating opportunity for development of the Oro Centre Secondary Plan Area which has sat dormant for years and will prove to be an important economic hub for the Township. 5.1.3 Protecting What is Valuable The Growth Plan acknowledges the importance of the surrounding natural environment to the quality of life for those living within it. The Plan provides policies which protect the array of natural systems, as well as preventing the fragmentation of prime agricultural lands, or Class 1, 2 and 3 soils. The PTG plan depends on planning authorities to identify at risk natural heritage systems. No natural features are identified on the subject property. In summary, the development of the subject lands takes into consideration the location in terms of being located within an area in the Township that is to evolve into a focal point for economic growth providing increased economic development, while also contemplating and balancing the Places to Grow policies. In my opinion the proposed amendment to the Official Plan conforms to the policies of the Places to Grow Growth Plan. 1.5.4 Countv of Simcoe Plannina Policies The Township of Oro - Medonte is a lower -tier municipality that is subject to the policies of the County of Simcoe being the upper -tier municipality. The County's Official Plan contains overall growth policies and planning strategies to help provide guidance for growth throughout the region. The general intent of the County Official Plan is to direct urban -type growth to the settlement areas throughout the County, and to preserve prime agricultural land. General policies relating to Settlement and development provide direction in terms of how lands can be developed to ensure protection of environmental 13 Page 168 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... features, and to manage growth so that municipalities can provide servicing effectively and efficiently. The lands are designated Special Development Area in the current County of Simcoe Official Plan. Special Development Areas recognize major commercial, industrial, and recreational areas, or a combination thereof, associated with particular attractions or infrastructure in the County such as Casino Rama and the Lake Simcoe Regional Airport. An objective of this designation is to recognize they are major economic generators in the County, to ensure they are comprehensively planned to maximize coordination of infrastructure planning and ensure timely consideration of development applications, and to ensure they are located and planned to protect important natural features and functions and resources of the County, and where appropriate, to be designed so as to be integrated with and /or sensitive to the character of the area in which they are located. The proposed development must comply with the policies established within the County's Official Plan, and does so in the following way: • The County promotes employment growth in association with the Lake Simcoe Regional Airport. The subject lands are the gateway to the Airport lands; • No portion of the site is within the County Greenland's designation; • Proposes growth without the need for expansion of the Secondary Plan area; • Development does not impact prime agricultural lands; • The development integrates new industrial development, in proximity to other industrial uses both current and proposed within Oro Centre and the Lake Simcoe Regional Airport lands; and • The development will act as a catalyst for further commercial /industrial development and investment in the immediate area. Overall, the proposed Amendment to the Official Plan would conform to the County of Simcoe Official Plan. 1.5.5 Township of Oro - Medonte Planning Policies The subject site is located within the Oro Centre Secondary Plan Area in the Oro - Medonte Official Plan and is currently designated Highway 11 Special Policy Area and Agricultural. An Official Plan Amendment to redesignate the lands to Oro Centre Office /Industrial is necessary to facilitate the development of the property for industrial uses. The intent of the current designation is to ensure that lands required by the Ministry of Transportation for their Highway network be identified and protected from future incompatible development. Existing structures and uses were recognized but the development of new buildings, structures or uses is not permitted. The purpose of the designation on the lands in Oro Centre was to allow for the construction of a clover -leaf at this intersection and all associated widenings. Recent conversations with MTO, along with the redevelopment of the property on the northwest and northeast corners of Highway 11 and Line 7 North, suggests that a clover -leaf is no longer deemed necessary for this intersection. The "Oro Centre Office /Industrial" designation permits a broad range of industrial uses while taking advantage of the high visibility and accessibility offered by the 71h Line. Development within this designation shall be visually attractive from Highway 11 and will set the tone for the high quality image of Oro Centre. 14 Page 169 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... Permitted uses include manufacturing, assembly, processing and fabrication uses; warehousing uses; research establishments; business office; institutional uses such as places of worship; and outdoor storage uses. The concept plan illustrates an industrial shop for manufacturing and vehicle storage (electrical vehicles). In reference to the permitted uses noted above, the Official Plan Amendment would permit the proposed use of the property by the applicant. Future development on the lands will be subject to Site Plan Control which will require the submission of a comprehensive Site Plan, Traffic Impact Assessment, Site Grading /Site Servicing Plan and Stormwater Management plan. All proposed uses on the subject lands are appropriate uses for the designation that is being requested and are in keeping with the intent of the Oro Centre Office - Industrial designation. In the consideration of the proposed Official Plan Amendment the re- designation of the lands from "Highway 11 Special Policy Area" and "Agricultural' to "Oro Centre Office - Industrial' is in keeping with the intent and conforms with the policies of the Official Plan. 1.5.6 Township of Oro - Medonte Zoning By -law 97 -95 The site is currently zoned Agricultural /Rural Exception 32 (A/RU *32). An amendment to Zoning By -law 97 -95 is required in order to permit the proposed industrial development. Exception 32 recognizes the Oro Centre lands and states that notwithstanding any other provision in this By -law, the development of new buildings or the construction of additions to buildings that existed on the effective date of this By -law are not permitted on those lands denoted by the symbol *32. The exception is as a result of the Official Plan designation which does not allow further development. The proposed zoning by -law amendment for the property is to an Economic Development (ED) Zone. The proposed shop - industrial building are all permitted uses within the Economic Development Zone. The proposed rezoning of the subject property is in accordance with the goals, objectives and policies of the Official Plan. The Zoning By -law Amendment only comes into force and effect upon the approval of the Official Plan Amendment by the County of Simcoe. 1.5.7 Conclusions On the basis of the analysis provided above, Planning staff support the proposed Official Plan Amendment No.32 to re- designate the subject lands from "Highway 11 Special Policy Area" and "Agricultural' to "Oro Centre Office- Industrial' and rezone the lands from Agricultural /Rural Exception 32 (A/RU *32) to Economic Development (ED). The proposed Official Plan Amendment Application and Zoning By -law Amendment Application is consistent with the Provincial Policy Statement and conforms to the policies of Places to Grow Growth Plan and the County of Simcoe Official Plan and Township of Oro - Medonte Official Plan. The proposed Amendment which would permit the development of the site for Office - Industrial Uses is considered to be appropriate and represents good planning. 15 Page 170 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... PART II -THE AMENDMENT 2.1 PREAMBLE All of this part of the document entitled "Part II -The Amendment ", consisting of the attached text and map schedule constitutes Amendment No.32 to the Official Plan of the Township of Oro - Medonte. 2.2 DETAILS OF THE AMENDMENT The Official Plan for the Township of Oro - Medonte is hereby amended as follows: 1. Schedule E Oro Centre Secondary Plan Area to the Official Plan is hereby amended by re- designating lands described as Part of Lot 20, Concession 8, Township of Oro - Medonte and identified on Schedule "A -1" attached hereto and forming part of this Amendment, from the "Highway 11 Special Policy Area" and "Agricultural' designations to the "Oro Centre Office /Industrial" designation. 2.3 IMPLEMENTATION This amendment to the Official Plan of the Township of Oro - Medonte will be implemented by an amendment to Zoning By -law 97 -95, as amended, of the Township of Oro - Medonte. The provisions of the Official Plan regarding the implementation of that Plan shall also apply to this amendment. 2.4 INTERPRETATION The provisions of the Official Plan of the Township of Oro - Medonte, as amended from time to time, shall apply to this Amendment. 16 Page 171 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... Schedule A Location Map LOCATION MAP AV LAKE SI MC OE REGI O NAL Al RPO RT A W Z J SUBJECT CT LANDS l� HIGHWAY 11 TOWNSHIP OFFICE n W Z J ■ LANDS SUBJECT TO OFFIGAL PLAN AMENDMENT 2012- OPA,02 AND 2012- ZEA -10 17 Page 172 of 174 15h) A By -law to Adopt An Amendment to the Official Plan... Schedule A -1 M- HIGHWAY#11 _Lands to be Redesignated from Agricultural and Highway 11 Special Policy Area to Oro Centre Office/Industrial Lands Subject to Official Plan Amendment No. 32 UM Page 173 of 174 18a) Being a By -Law to Confirm the Proceedings of the Co... THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2013 -048 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, April 10, 2013 WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended provides that the powers of the Municipal Council shall be exercised by By -Law, unless the municipality is specifically authorized to do otherwise; AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte deems it expedient that the proceedings at this Council Meeting be confirmed and adopted by By -Law; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. That the actions of the Council at its Council Meeting held on Wednesday, April 10, 2013, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. That the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro - Medonte. 3. That the Mayor /Chair and Clerk /Designate are hereby authorized and directed to execute and affix the corporate seal to all necessary documents. 4. And That this by -law shall come into force and take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10TH DAY OF APRIL, 2013. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 174 of 174