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09 20 1995 Sp Public 1 Minutes ~ CORPORA'l:IOlf 01' ~ 'lO1INSJU:P 01' ORO-KEDON'lB 8PECnL PUBL:IC XBft:ING WBDBBSDa.Y. 88ftDBIm 20. 1995 , 7:00 P.M. - COUNC:IL ClWlBImS ftBlft'Y-N:IN'lH XBft:ING 1994-1997 COUNC:IL (P41j95) The following members of Council were present: 8 Mayor Ian Beard Deputy Mayor Murray Martin Councillor Walter Dickie Councillor Neil Craig Councillor Larry Cotton Councillor Ron Sommers Absent: Councillor Don Bell staff Present: Gary Cunnington, C.A.O., Mark stagg, Planner, Andria Leigh, Zoning Administrator Also Present Were: Thelma Halfacre, James Hamilton, Ralph Engel, Jerry Schnurr, Betty Schnurr, David White, Bud Arbour, Ross Harvey. Mayor Ian Beard chaired the meeting. Mayor Ian Beard opened the meeting by explaining to those present that this Public Meeting was to receive public comments with respect to a proposed Zoning By-Law Amendment, under provisions of section 34, of the Planning Act. The applicant has applied to rezone certain lands, Part East Half of Lot 10, Concession 1, former Township of Oro, to rezone those lands as described to allow for a temporary use on the above noted property. To date, the Council of the corporation of the Township of Oro- Medonte have not made a decision on this application, other than proceeding to this Public Meeting. Only after comments are received from the Public, requested agencies and Township Staff, within the appropriate time period, will Council make a decision on this application. 8 Notice of the Public Meeting was mailed out on August 31, 1995, to all property owners within 400 feet of the subject lands. Notice of the Public Meeting was also placed in both the Barrie Examiner and Orillia Packet and Times on August 31, 1995. Mayor Beard then asked the Clerk if there had been any correspondence received on this matter. The Clerk responded by indicating that confirmation had been received from the Nottawasaga Valley Conservation Authority stating they had no objection. The Mayor then stated that those persons present would be afforded the opportunity of asking questions with respect to the proposed Amendment. He then turned the meeting over to the Township Planner, Mr. Mark Stagg, to explain the purpose and effect of the proposed Zoning By-Law Amendment. - 2 - Mark stagg: The subject property is located east of the City of Barrie and a short distance south of Highway 11. 8 This is a proposal to provide temporary zoning to permit the use of the subject property by the Barrie Rugby Football Club for regular games and practices. The property is designated agriculture on the official plan and zoned agriculture. That does not permit the use of the land for a rugby football field. The Official Plan however also has a policy which permits the temporary use of land in addition to permitted uses that are regularly allowed, provided of course that they do not totally conflict with the main ongoing and proper use. This being a playing field, it is clearly a use that would not conflict with the continued and eventual use of the land for agricultural purposes, therefore it fitted perfectly with the policies of the Official Plan which allowed us recommend to you the temporary rezoning of this property for a three year period and the applicant has the right to come back and request a further three years. Part of the arrangement was that, in recommending this temporary use, we would seek an agreement between the applicant and the Township for the use of the said area on a casual basis by members of the public. I understand that this is agreeable to the applicant and to the owner. The use at the moment would probably just be casual use. People could go and kick a ball around or throw a frizbee or something of that nature. In addition to the actual use of the area for a playing field, there is obviously a requirement for a temporary change building and of course the temporary toilets that would go with that. I think that is all I need to say right at the moment Mr. Mayor. Mayor Beard: Are there any members from the proponents, the people that are asking for this, are they present, if they wish to make a statement? Jim Hamilton: Sir, my name is Jim Hamilton and I am a member of the Barrie Rugby Club. with me is Ralph Engle, the president of the Club and the owner of the property involved, Mr. and Mrs. Schnurr. I think Mr. stagg has explained our position pretty well. 8 We currently have an arrangement with the City of Barrie and we have been practising for the past number of years at Sunnidale Park which they are converting to passive land and because of the squeeze on the properties the last two or three years we have began to search for fields of our own. Obviously, purchasing land for a small group is out of line and we, Mr. stagg has aided us in this compromise we believe that the advantage of it is that Mr. and Mrs. Schnurr are friends of ours and we would, as Mr. Stagg indicated in his part, for three years and we would sincerely hope that this would be a successful arrangement. It would last for a maximum of six years and at that point we hope we will be a stronger club and in a position to make another move. We think this is compatible with the community. We think it is a good precedent in that you have made it very easy for us as a group to help ourselves and Mr. staggs' aid in going through the paper work with us. We were very apprehensive about trying it and in fact, we had just about gave up on it when we were told we would need a zoning change. - 3 - Jim Hamilton: We are pretty certain we will be successful. We don't think it is going to cost the community any funds and I think in this day and age of fiscal restrictions, that is important and I think the fact that we as a club were willing to undertake the development and maintenance of our own field for a community athletic group. So we think we are on pretty solid ground and at the end of six years we will leave Mr. Schnurr with land that should be richer in a agricultural sense as it has been virtually used for that period of time and there are no permanent structures of any shape or form. As I say, it is an interim measure that is good for everybody involved. 8 Mayor Beard: Anyone who has questions of the proponent or of Mr. stagg? Councillor Sommers: Mr. Mayor, first of all, through to Mark. involved with here? How many acres are we Mark Stagg: Six or seven acres Councillor Sommers. councillor Sommers: Okay. My question is of our C.A.O. and he is not here so, my next question would be my only concern would be that there is no liability to the municipality. I don't know the legal content of this but I assume that between the owner and the applicant the liability would probably lie with one of them but I just want to be sure that there was no one who can come back on the municipality as far as liability goes. Mark stagg: I think Mr. Mayor in my conversations with Ms. Broderick on the matter, we would add it to the schedule of areas that the Township has in order that we save ourselves harmless from any damages. In other words, if we are sued, our insurance would cover us in the normal way that it would anywhere else. Councillor craig: 8 Mr. Chairman, just to let Council know that I did attend the site with Mr. Schnurr earlier in the year when he was considering this as far as with Council and I do appreciate the fact that he has worked and the group have worked with our planning department and our planning department have, I think, come up with a workable solution and it wasn't too much red tape for the Rugby Club and Mr. Schnurr to go through. I am pleased that the municipality has been of help and as far as the property goes, I looked at it. The field will be suitable for those purposes with levelling and grass seeding and I think Mr. and Mrs. Schnurr should be commended for offering this to the Rugby Club, to the community and to the citizens. It will be a good deal for everyone. councillor Dickie: Thank you Mr. Mayor, with respect to the liability I think as Mr. Stagg mentioned about an agreement and I think that should be dealt with at that time. - 4 - There being no further questions or comments, when being called for the third time, the Mayor in closing the meeting, thanked those in attendance for their participation and advised that Council would consider all matters before reaching a decision. He then advised those present that if they wished to be notified of the passing of the proposed By-law, they should leave their name and address with the Clerk. 8 MOTiON NO.1 Moved by Dickie, seconded by Martin Be it resolved that this Special Public Meeting of Council (East Half of Lot 10, Concession 1, formerly Township of Oro) now be adjourned at 7:13 p.m. Carried. /!¡!/" / l;)(¡.r);././ L:;.ilf.{4,;,11 MAYOR iAN BEARD ~ h ..Þ.nq..61. ~',;~ MRLDE SHOEBRIDGE, C~K 8