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The Township of Oro-Medonte
Council Meeting Agenda
Council Chambers
Thursday, July 16, 2015
Immediately Following the
Development Services Committee
Meeting
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. Minutes of Council and Committees:
3 - 5 a) Minutes of Council meeting held on Wednesday, June 3, 2015.
b) Recommendations of the Development Services Committee meeting held on
Thursday, July 16, 2015.
5. By -Laws:
6 - 7 a) By -Law No. 2015-128: A By-law to amend the zoning provisions which apply
to lands within Part of Lot 12, Concession 1 (Orillia), Township of Oro-
Medonte, 204 Line 15 North, Simcoe County District School Board (2015-
ZBA-04).
8 - 16 b) By -Law No. 2015-134: A By-law to allow a Temporary Use for a Garden
Suite by William and Caren Dougherty On lands described as follows:
Concession 14, East Part Lot 9, Registered Plan 51R35511, Part 1 (Oro),
Township of Oro-Medonte, County of Simcoe under Section 34 an 39 of the
Planning Act, R.S.O. 1990, c.P.13, as amended, Roll No. 4346-010-005-
42010.
6. Closed Session Items:
None.
7. Questions from the Public Clarifying a By -Laws or Closed Session
Agenda Item:
8. Confirmation By -Law:
17 a) By -Law No. 2015-135: Being a By -Law to Confirm the Proceedings of the
Page 1 of 17
Council Meeting Agenda - July 16, 2015
Council Meeting held on Thursday, July 16, 2015.
9. Adjournment:
a) Motion to Adjourn.
Page 2 of 17
4.a) Minutes of Council meeting held on Wednesday, June 3, 2...
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Proud Heritage, Exciting Future
The Township of Oro-Medonte
Council Meeting Minutes
Council Chambers
Wednesday, June 3, 2015 Time: 7:54 p.m.
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
Staff Robin Dunn, Chief Administrative Officer; Andria Leigh, Director,
Present: Development Services; Janette Teeter, Supervisor, Clerk's
Services/Deputy Clerk; Derek Witlib, Manager, Planning Services; Marie
Brissette, Coordinator, Corporate Services.
Also Ann Truyens, Ann Honeywood
Present:
1. 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. C150603-1
Moved by Coutanche, Seconded by Macpherson
Be it resolved that the agenda for the Council meeting of Wednesday, June 3, 2015 be
received and adopted.
3. Disclosure of Pecuniary Interest:
Carried.
Page 1 of 3
Page 3 of 17
4.a) Minutes of Council meeting held on Wednesday, June 3, 2...
Council Meeting Minutes — Wednesday, June 3, 2015.
None declared.
4. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday, May 6, 2015.
Motion No. C150603-2
Moved by Coutanche, Seconded by Macpherson
Be it resolved that the draft minutes of the Council meeting held on Wednesday, May 6,
2015 be received and adopted as printed and circulated.
Carried.
b) Recommendations of the Development Services Committee meeting held on
Wednesday, June 3, 2015.
Motion No. C150603-3
Moved by Macpherson, Seconded by Coutanche
Be it resolved that the recommendations of the Development Services Committee
Meeting held on Wednesday, June 3, 2015 be adopted.
Carried.
5. By -Laws:
a) By -Law No. 2015-100: A By-law to amend the zoning provisions which apply to
lands at Part of Lot 5, Concession 14 (Medonte) Township of Oro-Medonte 2015-
ZBA-06 (Owen Estates).
Motion No. C150603-4
Moved by Hall, Seconded by Jermey
Be it resolved that By -Law No. 2015-100: A By-law to amend the zoning provisions
which apply to lands at Part of Lot 5, Concession 14 (Medonte) Township of Oro-
Medonte 2015-ZBA-06 (Owen Estates) be read a first, second and third time, passed,
be engrossed by the Deputy Clerk, signed and sealed by the Mayor.
Carried.
6. Closed Session Items:
None.
Page 2 of 3
Page 4 of 17
4.a) Minutes of Council meeting held on Wednesday, June 3, 2...
Council Meeting Minutes — Wednesday, June 3, 2015.
7. Questions from the Public Clarifying a By -Laws or Closed Session Agenda
Item:
8. Confirmation By -Law:
a) By -Law No. 2015-104: Being a By -Law to Confirm the Proceedings of the Council
Meeting held on Wednesday, June 3, 2015.
Motion No. C150603-5
Moved by Hall, Seconded by Crawford
Be it resolved that By -Law No. 2015-104: Being a by-law to confirm the proceedings of
the Council meeting held on Wednesday, June 3, 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. C150603-6
Moved by Crawford, Seconded by Jermey
Be it resolved that we do now adjourn at 7:57 p.m.
Mayor, H.S. Hughes Deputy Clerk, Janette Teeter
Carried.
Page 3 of 3
Page 5 of 17
5.a) By -Law No. 2015-128: A By-law to amend the zoning provi...
The Corporation of the Township of Oro-Medonte
By-law No. 2015-128
A By-law to amend the zoning provisions which apply to lands within Part of Lot
12, Concession 1 (Orillia), Township of Oro-Medonte, 204 Line 15 North
Simcoe County District School Board (2015-ZBA-04)
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 add a Residential
Care Home as a permitted use in accordance with Section C6 of the Official Plan;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Section 7 — Exceptions of Zoning By-law 97-95 as amended is hereby amended
by deleting Subsection 7.259 in its entirety and replacing it with the following
subsection:
"7.259 *259 — CONCESSION 1, PART OF LOT 12 (FORMER ORILLIA)
Notwithstanding any other provision in this By-law including Table A5 —
Institutional Permitted Uses and Section 5.19 Parking Standards, the following
uses are permitted and zone provisions apply on the lands denoted by the
symbol *259 on the schedules to this By-law:
a) A 20 unit "Residential Care Home" with ancillary office and gymnasium
space is permitted.
b) A "Correctional Residential Care Home" is prohibited.
c) A minimum of 30 parking spaces for employees and residents is required.
2. This By-law shall take effect on the final passing thereof in accordance with the
provisions of the Planning Act.
By-law read a First, Second and Third time, and Passed this 16th day of July,
2015.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 6 of 17
5.a) By -Law No. 2015-128: A By-law to amend the zoning provi...
Schedule "A"
to By-law No. 2015-128 for
The Corporation of the Township of Oro-Medonte
-
T
Lands proposed to be rezoned from
Agricultural/Rural (A/RU) Zone
and Instituational (I) Zone to
Institutional Exception 259 (I*259) Zone
Mayor
Deputy Clerk
H.S. Hughes
Janette Teeter
Page 7 of 17
5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
The Corporation of the Township of Oro-Medonte
By-law No. 2015-134
A By-law to allow a Temporary Use for a Garden Suite
by William and Caren Dougherty
On lands described as follows:
Concession 14, East Part Lot 9, Registered Plan 51R35511, Part 1 (Oro)
Township of Oro-Medonte, County of Simcoe
under Section 34 an 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended
Roll No. 4346-010-005-42010
Whereas an application has been submitted to the Township of Oro-Medonte to
establish a temporary use;
And Whereas the Official Plan for the Township of Oro-Medonte contains certain
policies which allow for the establishment of temporary uses;
And Whereas Section 39 of the Planning Act, R.S.O. 1990, c.P.13, as amended, in
accordance with Section 34, provides the authority to establish temporary uses;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they apply
to lands described as Concession 14, East Part Lot 9, Registered Plan
51 R35511, Part 1 (Oro), as shown on Schedule "A" attached hereto, these lands
may be used for a "Garden Suite".
2. Schedule "A" and Appendix "B" attached hereto forms part of this By-law.
3. This By-law is enacted by Council and in accordance with the Planning Act,
R.S.O. 1990 c.P.13, will take effect from the date of passing of the By-law and
hereby repealed 10 years from the date of passing of this By-law.
By-law read a First, Second and Third time, and Passed this 16th day of July,
2015.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 8 of 17
La ng ma n_D r.
5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
Schedule "A"
to By-law No. 2015-134 for
The Corporation of the Township of Oro-Medonte
5
CD
Q.
OldBarrie Rd E
Subject Lands
Page 9 of 17
5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
Appendix "B" to By-law No. 2015-134
This Agreement made the 16th day of July, 2015
Between
Jason John Read and
Constance Irene Read
hereinafter called the "Owners"
of the first part
And
William James Dougherty and
Caren Elizabeth Dougherty
hereinafter called the "Occupant"
of the second part
And
The Corporation of the Township of
Oro-Medonte
hereinafter called the "Municipality"
of the third part
Whereas the Council of the Municipality has received an Application to
temporarily re -zone a parcel of land as more particularly described in Schedule
"A" attached hereto (the "Subject Lands"), pursuant to Sections 34 and 39 of the
Planning Act, R. S.0, 1990, as amended, to authorize the Temporary use of a
Garden Suite;
And Whereas pursuant to subsection 39 (1.2) of the Planning Act, the Council of
the Municipality may require the owner of the Garden Suite, or any other person
to enter into an Agreement with the Municipality under. Section 207.2 of the
Municipal Act;
And Whereas the lands are being purchased by the owner and the owner and
the occupant have consented to enter into this Agreement with the municipality
under the terms and conditions hereinafter set forth, as a condition of the
transfer of the rights and obligations of the temporary use by-law;
And Whereas the owner and the occupant have consented to enter into an
Agreement with the municipality under the terms and conditions hereinafter set
forth, as a condition of the temporary re -zoning to authorize the use of a Garden
Suite upon the Subject Lands;
Not Therefore consideration of the temporary re -zoning of the subject lands, the
Owner and the Occupant hereby covenant and agree with the Municipality as
outlined in this Agreement.
Page 10 of 17
1. Definitions
1.1
5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
2
"Garden Suite" means a one unit detached residential structure
containing bathroom and kitchen facilities that is ancillary to an
existing residential structure and that is designed to be portable.
1.2 "Permitted Temporary Use" means one mobile home, used as a
Garden Suite, in accordance with the terms of this Agreement and
the provisions of the Temporary Use By-law.
1.3 "Temporary Use By-law" means the by-law passed by the
Municipality pursuant to Sections 34 and 39 of the Planning Act to
authorize the permitted temporary use upon the subject lands.
2. Use, Installation, Maintenance and Removal of Garden Suite
2.1 The Owner and Occupant shall be responsible, at their sole cost for
the installation and maintenance of the Garden Suite upon the
subject Lands in accordance with the by-laws of the Township in
effect from time to time, Including but not limited to the Temporary
Use By-law, and all applicable Federal and Provincial legislation.
2.2 Subject to the terms of this Agreement and the Temporary Use By-
law, the permitted temporary use may be carried on upon the
Subject Lands from the date of the commencement of the Term of
this Agreement, as hereinafter defined.
2.3 The Owner and Occupant shall remove the Garden Suite from the
subject lands on or before the earlier of.
(a) in the event of default by the Owner or Occupant under -the
terms of
this Agreement or the provisions of the Temporary Use By-law,
the 30th day following written notice from the Township of the
termination of this Agreement;
(b) the 180th day following the date of death of the Occupant; or:
(c) the last day of the Term of this Agreement.
2.4 In the event that the Owner and occupant fail to remove the Garden
Suite from the Subject hands in accordance with the provisions of
this Agreement, the Municipality may enter upon the Subject Lands
to remove the Garden Suite, and all costs incurred by the
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5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
3
Municipality in connection therewith shall be recoverable from the
Owner pursuant to the provisions of Section 326 of the Municipal
Act, c.M. 45, R.S.O. 1990, as amended, whereby the costs incurred
will be added to the tax roll and collected in a like manner as taxes.
3. Term
3.1 The Term of this Agreement shall commence from the date of
execution by the Township and expiring on the day immediately
preceding the 16th day of July, 2025.
4. Occupancy of Garden Suite
4.1 The Owner and Occupant shall not permit the Garden Suite to be
occupied by any person other than the Occupant.
5. Default and Termination
5.1 In the event of default by the Owner or the Occupant under the
terms of this Agreement, which default shall not have been cured
by the Owner or Occupant within 30 days of written notice of default
from the Municipality, the Municipality shall have the right to
terminate this Agreement on 30 days notice in writing to the owner
and Occupant.
5.2 In the event of termination of this Agreement, the rights of the
Owner and Occupant to continue the permitted temporary use shall
immediately cease, and the Municipality shall be entitled to repeal
the Temporary Use By-law without further notice to the Owner or
Occupant.
6. Expenses of the Municipality
6.1 Every provision of this Agreement by which the owner or occupant is
obligated in any way shall be deemed to include the words "at the
expense of the Owner or Occupant" as the case may be, unless the
context otherwise requires.
6.2 The Owner and Occupant shall be responsible for and shall pay to
the Municipality on demand all costs incurred by the Municipality in
connection with the preparation and enforcement of this Agreement
and the Temporary Use By-law.
6.3 The Owner and Occupant shall, on or before the execution of this
Agreement by the municipality, file with the Municipality a deposit in
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5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
4
the amount of $2500.00, which may be applied by the Municipality in
reduction of the costs incurred as set out above.
6.4 All costs and expenses exceeding the said $ 2500.00 deposit shall
be recoverable from the owner as described in Section 2.4.
7. Notice
All Notices to be given hereunder may be given by registered letter
addressed to:
Owner: Jason and Constance Read
1004 Line 14 North R.R. 1
Orillia, Ontario L3V 6H1
Occupant: William and Caren Dougherty
1004 Line 14 North R.R. 1
Orillia, Ontario L3V 6H1
Municipality: Township of Oro-Medonte
148 Line 7 South
Oro-Medonte, Ontario LOL 2E0
or such other address as the parties may respectively from time to time
designate in writing, and any such Notice shall be deemed to have been
given to and received by the addressee three (3) days after the mailing
thereof, postage prepaid and registered.
8. Severability
8.1 Any provision of this Agreement which is found to be invalid or
unenforceable under the laws of the Province of Ontario by a court
of competent jurisdiction, to the extent such provision is invalid or
unenforceable, shall be deemed severable and shall not affect any
other provision of this Agreement.
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5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
5
9. No Assignment
9.1 This Agreement, and the rights and obligations arising under it, may
not be assigned by the owner or the Occupant without the prior
written consent of the Municipality.
10. Estoppel
10.1 The Owner, Occupant and the Municipality will not call into
question directly or indirectly in any proceeding in law or in equity
or before any administration or other tribunal, the right of the other
parties to enter in this Agreement and to enforce every term,
covenant and condition of it. The law of contract applies to this
Agreement and the parties are entitled to all remedies arising from
it. This provision may be pleaded by the parties in any action or
proceeding as an estoppel of any denial of such right.
11. Indemnification from Liability and Release
The owner and Occupant covenant and agree with the
municipality, on behalf of themselves, their permitted successors
and assigns, to indemnify and save harmless the Municipality, its
servants and agents from and against any and all actions, suits,
claims and demands whatsoever which may arise either directly or
indirectly in connection with this Agreement.
11.2 The Owner and Occupant further covenant and agree to release
and forever discharge the Municipality from and against all claims,
demands, causes of actions, of every nature and type whatsoever
that may arise as a result of any action taken by the municipality
under the terms of this Agreement
12. Interpretation
12.1 In the interpretation of this Agreement, unless the context indicates
a contrary intention:
(a) the obligations of more than one party will be joint and
several,
(b) words denoting the singular include the plural and vice versa
and words denoting any gender include all genders;
(c)
headings are for convenience only and do not affect
interpretation;
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5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
6
(d) reference to Sections and Schedules are to sections and
schedules of this Agreement and the Schedules form part of
this Agreement, and
(e) this Agreement may be executed in any number of
counterparts, each of which will be deemed an original but
which together will constitute one instrument.
In witness whereof the parties have hereunder set their hands and seals.
Signed, sealed and delivered
in the presence of
Jason John Read, Owner
Constance Irene Read, Owner
William James Dougherty, Occupant
Caren Elizabeth Dougherty, Occupant
The Corporation of the Township of
Oro-Medonte
Per:
Mayor, H. S. Hughes
Clerk, J. Douglas Irwin
Page 15 of 17
5.b) By -Law No. 2015-134: A By-law to allow a Temporary Use ...
7
This is Schedule "A" to the Agreement Between
Jason and Constance Read
and The Corporation of the Township of Oro-Medonte
Description
Part of the East Half of Lot 9, Concession 14, Township of Oro-Medonte, County
of Simcoe and Designated as Part 1, Reference Plan 51R35511, being all of PIN
58538-0028
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8.a) By -Law No. 2015-135: Being a By -Law to Confirm the Proc...
The Corporation of the Township of Oro-Medonte
By -Law No. 2015-135
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Thursday, July 16, 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 Thursday, July 16,
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 16th day of July,
2015.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
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