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05 06 2015 Council AgendaPage -; 'Ellenf sr of u..jef" tta�1 ed once Prr�r�J Iieritza'1, txritirty Flame The Township of Oro-Medonte Council Meeting Agenda Council Chambers Wednesday, May 6, 2015 Immediately Following the Development Services Committee Meeting 1. CaII to Order - Private Prayer/Moment of Reflection: 2. Adoption of Agenda: a) Motion to Adopt the Agenda. 3. Disclosure of Pecuniary Interest: 4. Minutes of Council and Committees: 3 - 6 a) Minutes of Council meeting held on Wednesday, April 1, 2015. b) Recommendations of the Development Services Committee meeting held on Wednesday, May 5, 2015. 7-19 20-21 22-27 28-31 5. By -Laws: a) By -Law No. 2015-083: A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro- Medonte and Michael and Rosalba Lavorato described as lands as follows: Lot 11, Plan 51 M-881, as in 58568-0061 LT, Roll # 4346-030-012-42772, Township of Oro-Medonte, County of Simcoe. b) By -Law No. 2015-084: A By-law to remove the Holding symbol On lands described as follows: Lot 11, Plan 51 M-881 Township of Oro-Medonte, County of Simcoe, Roll # 4346-030-012-42772. c) By -Law No. 2015-086: A By-law to Designate Areas of the Township of Oro- Medonte as Site Plan Control Areas and to Repeal By-law No. 2009-062. d) By -Law No. 2015-087: A By-law to amend the zoning provisions which apply to lands within Part of Lots 1 and 2, Concession 3 (Former Township of Medonte), Township of Oro-Medonte. 6. Closed Session Items: None. 7. Questions from the Public Clarifying a By -Laws or Closed Session Agenda Item: Page 1 of 32 Council Meeting Agenda - May 06, 2015 8. Confirmation By -Law: 32 a) By -Law No. 2015-085: Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 6, 2015. 9. Adjournment: a) Motion to Adjourn. Page 2 of 32 4.a) Minutes of Council meeting held on Wednesday, April 1, ... r,Toumshipof lecknite Proud Heritage, Exciting Future Wednesday, April 1, 2015 The Township of Oro-Medonte Council Meeting Minutes Council Chambers 2014-2018 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Barbara Coutanche Councillor Scott Macpherson Councillor Phil Hall Councillor John Crawford Councillor Scott Jermey Time: 9:37 p.m. Staff Andria Leigh, Director, Development Services; Janette Teeter, Present: Supervisor, Clerk's Services/Deputy Clerk, Marie Brissette,' Coordinator, Corporate Services�� Also None. Present: 1. Callao Order - Private Prayer/Momentof 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. C150401-1! Moved by Hall, Seconded by Jermey Be it resolved that the agenda for the Council meeting of Wednesday, April 1, 2015 be received and adopted. 3. Disclosure of Pecuniary Interest: None declared. Carried. Page 1 of 4 Page 3 of 32 4.a) Minutes of Council meeting held on Wednesday, April 1, ... Council Meeting Minutes — Wednesday, April 1, 2015. 4. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, March 4, 2015. Motion No. C150401-2 Moved by Jermey, Seconded by Crawford Be it resolved that the draft minutes of the Council meeting held on Wednesday, March 4, 2015 be received and adopted as printed and circulated. Carried. b) Recommendations of the Development Services Committee meeting held on Wednesday, April 1, 2015. Motion No. C150401-3 Moved by Hall, Seconded by Crawford Be it resolved that the recommendations of the Development Services Committee Meeting held on Wednesday, April 1, 2015 be adopted. 5. By -Laws: Carried. a) By -Law No. 2015-056:,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 87, Plan 51 M-957, as in 58533-0311, LT Roll # 4346-010-003-26587, Township of Oro-Medonte, County:of Simcoe. b) By -Law No. 2015-057: A By-law to remove the Holding symbol On lands described as follows: Lot 87, Plan 51M-957 Township of Oro-Medonte, County of Simcoe, Roll # 4346-010-003-26587. c) By -Law No. 2015-060:`A By-law to Repeal By-law No. 2010-007 And A By-law to authorize the execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Suzanne Caudry for the lands described as follows: 15 Pemberton Lane, PT Lot 1 Range 1 Former Township of Oro Parts 1 & 2 51R19045; Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600. d) By -Law No. 2015-061: A By-law to Adopt An Amendment to the Official Plan of the Township of Oro-Medonte OPA No. 37 (Horseshoe Valley Lands Ltd.). Page 2 of 4 Page 4 of 32 4.a) Minutes of Council meeting held on Wednesday, April 1, Council Meeting Minutes — Wednesday, April 1, 2015. e) By -Law No. 2015-062: A By-law to amend the zoning provisions which apply to lands within Part of the South Half of Lot 3 and Part of Lot 4, Concession 4 (Former Township of Oro), Township of Oro-Medonte, being Plan 51 M-1035 Lots 9-13 and Lots 45-49 inclusive. f) By -Law No. 2015-064: A By-law to amend the zoning provisions which apply to lands within Block 88, Plan M-367, Concession 7 (Former Township of Oro), 3375 Line 6 South (Modco Investments Inc., 2013-ZBA-13). Motion No. C150401-4 Moved by Macpherson, Seconded by Coutanche Be it resolved that a) By -Law No. 2015-056: 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 87, Plan 51M-957, as in 58533-0311, LT Roll # 4346-010-003-26587, Township of Oro-Medonte, County of Simcoe. b) By -Law No. 2015-057: A By-law to remove the Holding symbol On lands described as follows: Lot 87, Plan 51 M-957 Township of Oro-Medonte, County of Simcoe, Roll # 4346-010-003-26587. c) By -Law No. 2015-060: A By-law to Repeal By-law No 2010-007 And A By-law to authorize the execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Suzanne Caudry for the lands described as follows: 15 Pemberton Lane, PT Lot 1 Range 1 Former Township of Oro Parts 1 & 2 51R19045; Township of Oro-Medonte, County of Simcoe PIN 58554-0100 (LT) Roll# 4346-010-001-08600. d) By -Law No. 2015-061: A By-law to Adopt An Amendment to the Official Plan of the Township of Oro-Medonte OPA No. 37 (Horseshoe Valley Lands Ltd.). e) By -Law No. 2015-062: A By-law to amend the zoning provisions which apply to lands within Part of the South Half of Lot 3 and Part of Lot 4, Concession 4 (Former Township of Oro), Township of Oro-Medonte, being Plan 51M-1035 Lots 9-13 and Lots 45-49 inclusive. f) By -Law No. 2015-064: A By-law to amend the zoning provisions which apply to lands within Block 88, Plan M-367, Concession 7 (Former Township of Oro), 3375 Line 6 South (Modco Investments Inc., 2013-ZBA-13). be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. Page 3 of 4 Page 5 of 32 4.a) Minutes of Council meeting held on Wednesday, April 1, ... Council Meeting Minutes — Wednesday, April 1, 2015. 6. Closed Session Items: None. 7. Questions from the Public Clarifying a By -Laws or Closed Session Agenda Item: 8. Confirmation By -Law: a) By -Law No. 2015-058: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, April 1, 2015. Motion No. C150401-5 Moved by Macpherson, Seconded by Coutanche Be it resolved that By -Law No. 2015-058: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, April 1, 2015 be read a first, second and third time, passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor. Carried. 9. Adjournment: a) Motion to. Adjourn. Motion No. C150401-6 Moved by Hall, Seconded by Crawford Be it resolved that we do now adjourn at 9:40 p.m. Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Carried. Page 4of4 Page 6 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... The Corporation of The Township of Oro-Medonte By -Law No. 2015-083 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Michael and Rosalba Lavorato described as lands as follows: Lot 11, Plan 51M-881, as in 58568-0061 LT Roll # 4346-030-012-42772 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 6th day of May, 2015. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 7 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... Appendix "A" Site Plan Agreement - between - Michael Lavorato and Rosalba Lavorato - and - The Corporation of the Township of Oro-Medonte Description of Lands Lot 11, Plan 51M-881, as in 58568-0061 LT Township of Oro-Medonte County of Simcoe Roll # 4346-030-012-42772-0000 May 6, 2015 By -Law No. 2015-083 Page 8 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedules Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction 2 Page 9 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... Site Plan Control Agreement This Agreement made, in triplicate, this 6th day of May, 2015, in accordance with Section 41 of the Planning Act. Between: Michael Lavorato and Rosalba Lavorato 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 construction of a 424.6 sq.m. (4570 sq.ft.) single detached dwelling with attached garage, and a 69.7 sq.m. (750 sq.ft.) accessory building 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 Plans 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: 3 Page 10 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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, 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 $5,000.00. 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: a) That the Township has enacted a By-law to permit a 424.6 sq.m. (4570 sq.ft.) single detached dwelling with attached garage, and a 69.7 sq.m. (750 sq.ft.) accessory building as described on the Site Plan, attached hereto as Schedule "B". 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. 4 Page 11 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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. 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. 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) Preservation of Existing Vegetation Outside Driveway, Building Envelope, Access and View Restrictions The Owner applying for the Building Permit shall deposit with the Township securities as noted in Section 1 f) to ensure the preservation of existing vegetation outside the building envelope, driveway location and lake access/view location, as shown on Plans 1001, 1002, 1003, 1004 and 1005, prepared by Cole Engineering Group Ltd and stipulated on the site plans. This security deposit will be returned one (1) year from the date final occupancy is achieved and certified by the Township that existing vegetation outside the building envelope, driveway location and lake access/view location have been preserved. i) Lake Simcoe Region Conservation Authority The owner shall agree to obtain all necessary permits from the Lake Simcoe Region Conservation Authority in accordance with Ontario Regulation 179/06. The owner shall agree to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Lake Simcoe Region Conservation Authority. 5 Page 12 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... j) 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 to the satisfaction of the Township and the Lake Simcoe Region Conservation Authority. 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) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to 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 Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit 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 Letter of Credit 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 Letter of Credit. 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. 6 Page 13 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 427 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. 9. Severability of Clauses 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. 7 Page 14 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 ) Owner: Michael Lavorato Owner: Rosalba Lavorato ) The Corporation of the ) Township of Oro-Medonte per: H.S. Hughes, Mayor J. Douglas Irwin, Clerk ) 8 Page 15 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 Michael Lavorato and Rosalba Lavorato. Legal Description of Lands Lot 11, Plan 51M-881, Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42772-0000 9 Page 16 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 Michael Lavorato and Rosalba Lavorato Site Plan Site Plan Drawing as approved by Director, Development Services. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 10 Page 17 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 Michael Lavorato and Rosalba Lavorato. 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 11 Page 18 of 32 5.a) By -Law No. 2015-083: A By-law to Authorize the Executio... 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 Michael Lavorato and Rosalba Lavorato. Itemized Estimate of Cost of Construction 1. Itemize Construction Estimate Amount N/A 2. Letters of Credit Amount Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 10 and 5 herein. 12 $5,000.00 Page 19 of 32 5.b) By -Law No. 2015-084: A By-law to remove the Holding sym... The Corporation of The Township of Oro-Medonte By -Law No. 2015-084 A By-law to remove the Holding symbol On lands described as follows: Lot 11, Plan 51M-881 Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42772 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; Nor Therefore the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule `A8', to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as "Lot 11, Plan 51M- 881, Roll 4346-030-012-42772" 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 6th day of May, 2015. The Corporation of The Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 20 of 32 5.b) By -Law No. 2015-084: A By-law to remove the Holding sym... Schedule 'A' to By -Law No. 2015-084 This is Schedule 'A' to By -Law 2015-084 passed the 6th day of May, 2015. Mayor Deputy Clerk H.S. Hughes Janette Teeter Township of Oro-Medonte MOON POINT DRIVE Subject Lands (21 Warbler Way) Page 21 of 32 5.c) By -Law No. 2015-086: The Corporation of the Town4144YdWrIPQ.kibialaate Areas of the... By-law No. 2015-086 A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas and to Repeal By-law No. 2009-062 Whereas Section 41(20 of the Planning Act, R.S.O. 1990 c.P. 13, as amended, provides that where an area is shown in the Township's Official Plan as a proposed Site Plan Control Area, Council may, by by-law designate such area as a Site Plan Control Area; And Whereas the Township of Oro-Medonte Official Plan designates all areas of the Township as proposed Site Plan Control Areas and provides for the establishment of a site plan control by-law; And Whereas Section 41(13) of The Planning Act, RSO, 1990 c. P, 13, as amended authorizes the Council of a municipality to delegate to an appointed officer of the municipality any of the Council's power or authority under Section 41; And Whereas the Township may require the approval of certain plans and drawings as a condition of development in the Township, and may require that an owner enter into a Site Plan Agreement with the Township, in accordance with Section 41 of the Planning Act. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Definitions (a) "Council" means the Council for the Corporation of the Township of Oro- Medonte. (b) "Development" shall have the same meaning as set out in Section 41 (1) of the Planning Act, R.S.O. 1990 c.P.13, as amended. (c) means the construction , erection, or placing of one or more buildings or structures on land or the making of an addition or altering to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of site for the location of three or more trailers as defined in Section 168(5) of the Municipal Act 2001, S.O. 2001, c.25, as amended, or of site for the location of three or more mobiles homes. (d) "Person" means an individual, association, firm, partnership, corporation, trust, incorporated company, or other legal representatives of a person to whom the same can apply according to law. (e) "Township" means the Corporation of the Township of Oro-Medonte or the appointed officer of the Council in accordance with this by-law. (f) "Director of Development Services" shall mean the Director of Development Services of the Corporation of the Township of Oro- Medonte. (g) "Zoning by-law" means the Township of Oro-Medonte Comprehensive Zoning By-law, as amended. (h) In this by-law all other terms shall be as defined in accordance with the Township of Oro-Medonte Zoning By-law 97-97, as amended. 2. Site Plan Control Area All land within the corporate limits of the Corporation of the Township of Oro- Medonte ("the "Township') are hereby designated as a Site Plan Control Area. Page 22 of 32 5.c) By -Law No. 2015-086: The properties listed in Schedule "A" and Aii'nOlttibIigW was of the... designated as Site Plan Control Areas in accordance with Section 41 of the Planning Act. 3. Classes of Development Excluded The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Section 41(4) and 41(5) of the Planning Act R.S.O. 1990 c.P.13, as amended; (a) Any residential development containing two (2) dwelling units or less (including buildings and structures accessory to such residential development) except where such residential development: (i) includes an existing or proposed Home Industry; (ii) includes an existing or proposed Bed and Breakfast operation; (iii) is subject to site plan control as imposed as a condition or requirement, of consent, plan of subdivision or zoning by-law amendment by Council, or as a condition of approval by the Development Services Committee; (b) Any development occurring in or upon lands zoned in the Airport (AP) Zone; (c) Agricultural structures and accessory structures thereto; (d) Any development, buildings or structures erected by the Township of Oro- Medonte (e) Any land, building or structure undergoing interior alterations or renovations that do not change the location, height, volume gross floor area of the building or structure; and any land, building or structure undergoing alterations, renovations, or addition that does not increase the gross floor area of the building or structure by more than 10%. Only one exemption per building or structure shall be permitted pursuant to this section. Section e) does not apply to development or uses prescribed under subsections 3(a)(i) and 3 (a)(ii) above. 4. Site Plan Agreements No Development is permitted within the Township unless the owner enters into a Site Plan Agreement, except where exempted from Site Plan Control, or where Council waives the requirement for an Agreement. Any Agreement or Amendment to an existing Site Plan Agreement made in accordance with the provisions of this By-law or a predecessor of this By-law shall be registered against the lands affected by the Agreement or Amendment, and the costs of such registration shall be borne by the owner or person undertaking the development. 5. Classes of Site Plan Applications (a) Residential: -residential development containing two dwelling units or less; - Any temporary building; or - Any change to a site not involving the erection of a new building or building addition. (b) Minor Commercial/Industrial/Milti-Residential - Residential developments greater than 2 dwelling units but less than 12 units; or - Where construction or additions to buildings that would result in an increase in the building footprint greater than 50.0 square metres, but less than 200.00 square metres. Page 23 of 32 5.c) By -Law No. 2015-086: (c) Major Commercial/Industrial/Multi-Resislaut"rdPW to Designate Areas of the... All development that is not consider Residential or Minor Commercial/Industrial shall be considered Major Commercial/Industrial/Multi-Residential. 6. Delegation The Director of Development Services is hereby delegated as being the official entitled to exercise Council's authority to approve or exempt development, impose conditions and require agreement pursuant to Section 41 of the Planning Act and this by-law where they relate to a residential or minor commercial/industrial/multi-residential site plan application as defined in Section 5 above. The Director of Development Services shall consult with the appropriate municipal departments and outside agencies to ensure compliance of the plans and drawings submitted in accordance with Section 7 below, the policies, by-laws and/or statutes administered by such departments and/or agencies. In the case where Council or the Development Services Committee has approved a development application ( i.e. Zoning By-law Amendment or Minor Variance), within 12 months of the date of that decision, the Director of Development Services is hereby delegated authority to approve major site plan applications and amendments thereto, unless otherwise directed by Council. Notwithstanding the delegation set out above: (a) The Director of Development Services may, at any time, refer applications to Council forapproval; or (b) Council may request (by resolution) that an application be presented to Council for approval; or (c) Where the Director has refused to issue an approval or where the conditions of approval are disputed, the Applicant may request that the application be presented to Council for approval. (d) Upon receipt of the resolution under subsection (b) or the written application under subsection (c), the Director shall refer the matter to Council. The Director of Development Services may approve minor changes to any approved site plan, in writing without an amendment to the site plan agreement. Multiple minor changes shall be incorporated into the site plan agreement through an updated site plan and amending agreement process. 7. Approval of Plans As provided in Section 41 (3.1) of the Planning Act R.S.O. 1990 c.P, 13, as amended, applicants are encouraged to consult with the Township before submitting plans and drawings for approval; Subject to the exclusions set out in Section 3 of this By-law, no person shall undertake any development in the Site Plan Control Areas unless the Township, or where a referral has been made, the Ontario Municipal Board, has approved one or both as the Township may determine, of the following: (d) Plans showing the location of all buildings and structures (including electrical, mechanical, heating and/or cooling equipment not located within the building or structure) to be erected and showing the location of all facilities and work to be provided in conjunction therewith and of all facilities and works required under Section 5 of this by-law; and (e) Drawings showing the plan, elevation, cross section views for each building to be erected which are sufficient to display the massing and conceptual design of the proposed building, the relationship of the proposed building to adjacent buildings and streets, exterior areas to which members of the public have access, and the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces, and interior walkways in adjacent buildings. Page 24 of 32 5.c) By -Law No. 2015-086: A By-law to Designate Areas of the... 8. Facilities, Works, Maintenance, Agreement As a condition of the approvals of the plans referred to in Section 7, the Township may require the owner of the lands to provide to the satisfaction of, and at no expenses to, the Township any or all of the following: (a) Widening of highways that abut the land such as access ramps and curbing's and traffic direction signs; (b) Facilities to provide access to and from the land such as access ramps and curbing's and traffic direction signs; (c) Off-street vehicular loading and parking facilities, access driveways, including driveways for emergency vehicles and the surfacing of such areas and driveways; (d) Walkways including the surfacing thereof, and all other means of pedestrian access; (e) Facilities designed to have regard for accessibility for persons with disabilities; (f) Facilities for the lighting including flood lighting of all land or any building or structures thereon; (g) Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; (h) Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (i) Easements conveyed to the Township for the construction, maintenance or improvement of watercourses, ditched, land drainage works, and other facilities on the land; and Grading or alteration in elevation or contour of the land and provision for disposal of storm, surface and waste water from the land and from buildings or structures thereon. Maintain to the satisfaction of the Township and at the sole risk and expense of the owner any or all of the facilities or works mentioned in clauses b, c, d, e, f, g, h and j of subsection 8, including the removal of snow from access ramps and driveways, parking and loading area, and walkways and all other means of pedestrian access. Enter into one or more agreements with the Township which will deal with and ensure: (a) The provision of all the facilities, works or matters referred to in subsection 8; (b) The continued maintenance referred to in subsection 8; and (c) The approval of the plans and drawings referred to in Section 7. 9. Registration, Municipal Remedial Action and Enforcement 1. Any agreement entered into under this by-law shall be registered against the land to which it applies and the Township is entitled to enforce the provision of the agreement against the owner, and subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of lands. 2. Where the owner is directed or required by this by-law or an agreement entered into under of this by-law that any matter or thing be done and such person defaults in doing such matter or thing, it may be done by the Township at its expense and the Township may recover the expenses of doing such matter or thing by drawing upon any securities provided by the owner by adding these costs to the tax roll and collecting them in the same manner as taxes pursuant to Section 446 of the Municipal Act S.O. 2001, C. 25, as amended. 3. Any offence of the provisions of Section 41 of the Planning Act or any provisions of this by-Baw, as may be amended from time to time, may be prosecuted pursuant to the Provisions of Section 67 of the Planning Act. 4. Unless prohibited by law, the owner signing each Site Plan Agreement shall be requested to agree to a provision whereby the Director Development Services, the Chief Building Official, or other person to whom the Director delegates the responsibility may enter on land subject to the Agreement to Page 25 of 32 5.c) By -Law No. 2015-086: inspect same for compliance with the hgaY114Mtt4JaAPipk1li&sIditekiAti the... authorizes the entry of any building. 5. The right of entry described in paragraph (4) above is in addition to any statutory rights of entry the Township may otherwise specifically have. 10. Authorization After approval of an application by Council, the Director of Development Services or designate, the Mayor and Clerk are hereby authorized to sign any site plan agreement and any documents which may be required to implement the conditions of approval. 11. Severability Should any Section, subsection, clause or paragraph of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part other than the Section, subsection, clause or paragraph declared to be invalid. 12.That By-law 2009-062 is hereby repealed in its entirety. 13.This by-law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed this 6th day of May, 2015. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 26 of 32 5.c) By -Law No. 2015-086: Schedule' 'By-law to Designate Areas of the... to By-law No. 2015-038 for The Corporation of the Township of Oro-Medonte The following properties are designated as Site Plan Control Areas in accordance with Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended: 1. Lands zoned *31 in Comprehensive Zoning By-law 97-95 of the Township of Oro- Medonte, described as E112 of Lot 22, Concession 8 (Oro), Township of Oro- Medonte, Roll Number 4346-010-009-06700,240 Line 8 South (Barrie Speedway) 2. Part of Lots 5 and 6, Concession 14, being Lots 5 and 6, Plan M-205, Part 1, RP51 R-14573 (Oro), Township of Oro-Medonte, Roll Number 4346-010-005-21807- 0000,14 Petherwin Place (Locke) 3. South Part of Lot 17, Concession 3 (Orillia), Township of Oro-Medonte, Roll Number 4346-030-012-43100-0000, 18 Moon Point Drive (Cooke). 4. Lands designated Residential One (R1) Zone in Registered Plan 1464, Lots 23 and 24, Concession 11 (Oro), Township of Oro-Medonte - zoned with Holding Provisions prior to September 16, 1998 (Ukrainian Camp) 5. Lands designated as Agricultural and described as East Part of Lot 17, Concession 3, Township of Oro-Medonte, Roll Number 4346-010-002-06300, 608 Line 3 North (Trans -Canada Pipelines) 6. Lands designated as Agricultural and described as West Part of Lot 15, Concession 4 (Medonte), Township of Oro-Medonte, Roll Number 4346-020-002- 04000, 1071 Moonstone Road West (Hillsdale Correctional Camp). 7. Lots 1 to 13 inclusive, Plan 51M-720, Township of Oro-Medonte. 8. Lots 16 to 28 and Lots 30 to 43 inclusive, Draft Plan of Subdivision 43T-91031 (Buffalo Springs). 9. West Part of Lot 1, Concession 13 (6 Catherine Street). Page 27 of 32 5.d) By -Law No. 2015-087: A By-law to amend the zoning provi... The Corporation of the Township of Oro-Medonte By-law Number 2015-087 A By-law to amend the zoning provisions which apply to lands within Part of Lots 1 and 2, Concession 3 (Former Township of Medonte), Township of Oro-Medonte 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 and Section 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the lands for private recreation and commercial uses, in accordance with Sections C.14.3. of the Official Plan; Now Therefore the Council of The Corporation of the Township of Oro- Medonte hereby enacts as follows: 1. Schedule "A15" to By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in Part of Lot 3 and Part of Lots 1 and 2, Concession 3 (Former Township of Medonte), Township of Oro-Medonte, and identified on Schedule 'A' attached to and forming part of this By-law, from the Private Recreational (PR) Zone and the Future Development Exception 67 (FD*67) Zone to the Private Recreational Exception 257 Holding (PR*257)(H) Zone. 2. Section 7 — Exceptions of Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsections: "7.257 *257 - Part of Lots 1 and 2, Concession 3 (Former Medonte) Permitted Uses: Notwithstanding Table A5, the Uses Permitted in the PR*257 Zone are those uses set out under the heading Private Recreation (PR) in Table A5, together with the following uses: a) Banquet hall b) Commercial fitness centre c) Day nursery or daycare centre d) Accessory buildings, structures and uses are permitted, including the following: i) Nature interpretation centre iii) Private park iv) Summer day camp Use Standards: Notwithstanding Table B5, for those Permitted Uses in the PR*257 Zone the Use Standards shall be those set out in Private Recreation (PR) Column of Table B5, together with that notwithstanding Sections 5.1.3, 5.19, 5.20, 5.20.1.1, 5.20.2.2 and 6.0, the following Use Standards and Definitions shall apply: a) Maximum combined gross floor area for all main buildings and accessory buildings b) Accessory buildings and structures c) Minimum width of two lane driveways d) Minimum parking space size 4,000 square metres Permitted in front yard 6.4 metres 2.7 metres by 5.5 metres Page 28 of 32 5.d) By -Law No. 2015-087: A By-law to amend the zoning provi... e) Minimum number of parking spaces 1 space per 20 square metres of gross floor area f) Front Lot Line g) Exterior Lot Line Means the line which divides the lot from the private road known as High Vista Drive Means the line which divides the lot from Horseshoe Valley Road (County Road 22) 3. That all other provisions of the Zoning By-law 97-95, as amended, shall apply. 4. That, in accordance with Section 36 of The Planning Act, R.S.O.1990, the Holding (H) Provision affixed to the PR*257 Zone shall not be removed until such time that all development -related matters, including servicing and stormwater management, have been addressed to the satisfaction of the Township. The Holding (H) Provision shall not prohibit existing uses, buildings and structures and shall not prohibit the repair or renovation of existing buildings and structures. 5. That this By-law shall come into effect following the date of passage hereof, 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 this 6th day of May, 2015. Mayor, H. S. Hughes Deputy Clerk, Janette Teeter Page 29 of 32 5.d) By -Law No. 2015-087: A By-law to amend the zoning provi... Schedule 'A' to By-law No. 2015-087 This is Schedule 'A' to By-law 2015-087 Passed this 6th day of May, 2015. HORSESHOE VALLEY ROAD W Lands to be rezoned from PR and PD*67 Zones to PR*257 Zone (H) \\ / Mayor, H. S. Hughes Deputy Clerk, Janette Teeter Page 30 of 32 5.d) By -Law No. 2015-087: A By-law to amend the zoning provi... Explanatory Note to By-law No. 2015-087 The purpose of the Zoning By-law Amendment is to rezone Part of Lots 1 and 2, Concession 3 (Former Township of Medonte), now the Township of Oro- Medonte, from the Private Recreational (PR) Zone and the Future Development Exception 67 (FD*67) Zone to the Private Recreational Exception 257 - Holding (PR*257)(H) Zone, to: • Permit the expansion of a ski club house and parking lot; • Permit additional land uses consisting of: banquet hall, commercial fitness centre, day nursery or daycare centre, and the following accessory uses: accessory buildings and structures, nature interpretation centre, private park and summer day camp; and • Establish site-specific zoning provisions for the purposes of accommodating the above. The lands are zoned with a Holding (H) provision that is not to be removed until such time as all development -related matters, including servicing and stormwater management, have been addressed to the satisfaction of the Township of Oro- Medonte and other agencies, including the Nottawasaga Valley Conservation Authority. Page 31 of 32 8.a) By -Law No. 2015-085: Being a By -Law to Confirm the Proc... The Corporation of the Township of Oro-Medonte By -Law No. 2015-085 Being a By -Law to Confirm the Proceedings of the Council Meeting held on Wednesday, May 6, 2015 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, May 6, 2015, 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 6th day of May, 2015. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 32 of 32