2016-121 Temporarily Amend Zoning 754 Horsehoe Valley Road (Lazy Dayz)ATTACHMENT 1
Temporary By-law
The Corporation of the Township of Oro-Medonte
By-law No. 2016-121
A by-law to amend Zoning By-law 97-95, as amended, as it applies to the
lands located at 754 Horseshoe Valley Road in the Township of Oro-
Medonte, being the South Part of Lot 1, Concession 5 (Medonte)
Pursuant to section 34 of the Planning Act, as amended:
1. Schedule 'Al 5' to Zoning By-law 97-95, as amended, is hereby further
amended by changing the zone symbol applying to the lands located in
the South Part of Lot 1, Concession 5 (Medonte), Township of Oro-
Medonte, from the Agricultural/Rural (A/RU) Zone to an Agricultural/Rural
Exception 269 (AIRU*269) Zone, as shown on Schedule 'A' attached 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:
"7.269 *269 – South Part of Lot 1, Concession 5 (Medonte)
Notwithstanding any other provision of this By-law, the following permitted
uses, regulations and general provisions apply on the lands denoted by
the symbol LXX on Schedule A attached hereto:
7.269.1 -Additional Permitted Use:
Notwithstanding Table 3, the following additional use is permitted:
a) Indoor and outdoor special events such as banquets, weddings,
receptions,
or similar functions.
7.269.2 - General Provisions:
a) Lot Area — 3.5 hectares
b) Front Yard Setback — 30 metres
c) Maximum Number of Guests —150 per event
d) Events to be held between April 15 — October 31 annually
e) Hours of Operation — ending at 12:30am"
3. Schedule "A" and all other notations thereon are hereby declared to form
part of this By-law.
4. This By-law shall come into force immediately upon being approved by
the Ontario Municipal Board and shall lapse on November 1, 2016.
Schedule "A"
to : for
Ontario Municipal Board
Commission des affaires municipales
de I'Ontario
ISSUE DATE: August 8, 2016
Ontario
CASE NO(S).: PL160115
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990,
c. P.13, as amended
Applicant and Appellant:
Subject:
Existing Zoning:
Proposed Zoning:
Purpose:
Property Address/Description:
Municipality:
Municipality File No.:
OMB Case No.:
OMB File No.:
OMB Case Name:
Heard:
APPEARANCES:
Parties
Kathleen Marrs
Township of Oro-Medonte
Cathedral Pines Ratepayers Alliance
Inc.
Kathleen Marrs
Application to amend Zoning By-law No. 97-95 -
Refusal of Application by the Township of Oro-
Medonte
Agriculture/Rural
Agricultural/Rural Exception
To permit indoor and outdoor special events
754 Horseshoe Valley Road West
Township of Oro-Medonte
2015-ZBA-01
PL160115
PL160115
Marrs v. Oro-Medonte (Township)
August 2, 2016 in Oro, Ontario
Counsel*/Representative
= rl•E
A. Skinner
K. Matveev (student -at -law)
MEMORANDUM OF ORAL DECISION DELIVERED BY M. C. DENHEZ ON AUGUST
2, 2016 AND ORDER OF THE BOARD
3
PL160115
[7] Negotiations continued during the lead -up to the Board hearing, culminating in
Minutes of Settlement. That process included a local organization named Cathedral
Pines Ratepayers Alliance Inc. ("the Association"). At the opening of the Board hearing,
the Association requested party status; that request was supported by the other parties,
and was granted.
[S] The parties agreed that the single outstanding issue was noise. Although the
applicant had constructed various abatement works, and there had already been three
noise studies — and three peer reviews — there was also consensus that not all the data
was in yet. In particular, not all weather conditions had been tested, nor all the
abatement work. The Board was told that, until that data was collected and reviewed,
there could still be some uncertainty about whether further measures should be
introduced, with the potential for controversy accordingly.
[9] The consensus of the parties provided for the following:
• The applicant should be permitted to conduct more "test" events, under
the authority of zoning permission that would extend until October 31,
2016.
• At two events, to occur in the next few weeks, further acoustical data
would be collected and included in a report, to be submitted to the
Township by September 16, 2016.
• By the end of October 2016, the parties expected to be in a position to
discern whether further measures were necessary.
• If there was consensus at that time, then they expected that they could
advise the Board that the rezoning should be permanent.
110] If there was no consensus, then the matter would need to be resolved via a
Board hearing.
[11] Out of an abundance of caution, the Board agreed to schedule a two-day hearing
accordingly.
5 PL160115
• -.a - •
MM
5. The Board will thereupon consider whether it is appropriate to give effect to
the attached Zoning By-law Amendment on a permanent basis.
6. It the parties agree on an earlier settlement teleconference, the Board may be
7. No further notice will be given for the matters currently before the Board.
107. Effective Date of Board Decision A Board decision is effective
on the date that the decision or order is issued in hard copy, unless it
states otherwise.
mailed by Board administrative staff to the clerk of the municipality where the property is
W. C. Denhez"
If there is an attachment referred to in this document
please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Municipal Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248