10 11 2022 SpCouncil Agenda The Township of Oro-Medonte
Special Council Meeting Agenda
�+- Electronic Hybrid Meeting
0;Township of
Tuesday, October 11, 2022
Proud Heritage,Excitiu�Future 10:30 a.m. - Open Session
Effective Monday, March 28, 2022, all Township facilities are open to the Public for
Customer Service (all meetings to remain virtual) with safety measures in place
including social distancing and discretionary masks/face coverings.
Residents and business owners are encouraged to continue to utilize online and
telephone services for Township related business; and staff continue to be available
to provide assistance by telephone or email.
Input on agenda items are welcome and encouraged.
The Township of Oro-Medonte has amended its Procedural By-law to allow for
electronic participation at Council meetings. Protocols have been established to
advise how to participate in the public portions of these meetings. Please visit the
following links for additional information:
• Request for Participation Form
• Protocols for Public Participation Council and IDS Committee
All electronic Council meetings will be streamed live, where possible, on the Township
YouTube Channel. Council Agendas will continue to be published on the Civic Web
Meeting Agendas in advance of the meeting date in accordance with the Township's
Procedural By-law.
The Township of Oro-Medonte is committed to providing and maintaining a working
environment that is based on respect for the dignity and rights of everyone within the
organization and for those individuals visiting our organization.
The Township of Oro-Medonte supports and fosters an environment that is safe,
welcoming and respectful for all residents, visitors, members of Council and staff.
Page
1. Call to Order - Moment of Reflection:
The Township of Oro-Medonte acknowledges that we are situated on the
traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and
ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa
Page 1 of 40
Council Meeting Agenda - October 11, 2022
[Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee]
nations, collectively known as the Three Fires Confederacy. It continues
today as the home for diverse Indigenous Peoples including the historic
Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with this
land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-
Council and the Williams Treaties First Nations. The Huron-Wendat Nation
also continues to pay respect and protect their ancestors and heritage on this
land. We honour the Indigenous history and culture that has thrived for
millennia in this territory and the Treaties that bind us together as partners in
the spirit of a shared sustainable and prosperous future. We are all Treaty
People. Our commitment begins with acknowledging the Truth so that we
can move forward together towards Reconciliation.
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Public Meeting:
3 - 16 a) 10.30 a.m. Notice of Public Meeting Regarding Proposed Amendment to the
Development Charges By-Law.
5. Public Hearings:
17 - 39 a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:
Consent Applications: 2022-B-28 by Hedley & Lorraine Parsons, 5 Shelswell
Boulevard and 2022-B-29 by Daniel S. Gibson & Daniel G. Gibson, 78
Lakeshore Road West, Agent: James Zaharopoulos.
6. Confirmation By-Law:
40 a) 2022-088: Being a by-law to confirm the proceedings of the Special Council
meeting held on Tuesday, October 11, 2022.
7. Adjournment:
a) Motion to Adjourn.
Page 2 of 40
4.a) 10,30 a.m. Notice of Public Meeting Regarding Proposed Amendment to...
Notice of Public Meeting Regarding Proposed
TwnSh Amendment to the Development Charges By-law
Proud Heritage,Exciting Future
On Tuesday, October 11, 2022 the Council of the Township of Oro-Medonte will hold a public
meeting, pursuant to section 12 of the Development Charges Act, 1997, as amended, to
present and obtain public input on proposed amendments to the municipality's Development
Charges (D.C.) By-law and underlying background study.
All interested parties are invited to attend the Public Meeting of Council, and any person who
attends the meeting may make representations relating to the proposed amendments to the
D.C. By-law and background study. The meeting will be held on:
Tuesday, October 11, 2022
10:30 am
Township of Oro-Medonte Council Chambers
Administration Centre
Electronic Hybrid Meeting
148 Line 7 South, Oro-Medonte, ON
In order that sufficient information is made available to the public, the Development Charges
background study was made available online at the municipality's website Development
Charges - Oro Medonte (oro-medonte.ca) on Friday, September 9, 2022.
Copies of the proposed amendments to the D.C. By-law and the background study are also
being made available as of September 20, 2022 from the Finance department at the above
location.
Interested persons may express their comments at the public meeting or in writing, addressed
to the Director, Finance/Chief Financial Officer by e-mail to nmorrow@oro-medonte.ca or by
mail or hand delivery addressed to the Director, Finance/Chief Financial Officer, Township of
Oro-Medonte, 148 Line 7 South, Oro-Medonte, ON LOL 2EO prior to 4:30 pm Thursday,
October 6, 2022.
Page 3 of 40
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Page 16 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Township of
Report Proud Heritage, Exciting Future
Report No. To: Prepared By:
DS2022-127 Council Derek Witlib, Manager
Planning Services
Meeting Date: Subject: Motion #
October 11, 2022 Consent Applications:
2022-B-28 by Hedley & Lorraine
Roll #: Parsons, 5 Shelswell Boulevard R.M.S. File #:
4346-010-009-30300 and D10
4346-010-009-30800 2022-B-29 by Daniel S. Gibson &
Daniel G. Gibson, 78 Lakeshore
Road West
Agent: James Zaharo oulos
Recommendation(s): Requires Action For Information Only
It is recommended:
1 . That Report DS2022-127 be received and adopted;
2. That Consent Application 2022-13-28 by Hedley & Lorraine Parsons, to permit an
easement measuring approximately 2 metres by 50 metres (6.56 feet by 164 feet) for the
purposes of a private water service connection serving lands located at 76 Lakeshore
Road West, be approved, subject to the conditions identified in Report DS2022-127.
3. The conditions for Consent Application 2022-13-28 are as follows:
a) That one copy of a Registered Reference Plan of the easement, prepared by an
Ontario Land Surveyor, be submitted to the Secretary-Treasurer, Development
Services Committee, which conforms substantially with the application as submitted
(precise easement dimensions to be based on field conditions and functional
requirements);
b) That the applicant's solicitor prepare and submit a copy of the proposed easement
document, for review by the Municipality and for use for the issuance of the
certificate of Consent;
c) That all municipal taxes be paid to the Township of Oro-Medonte;
d) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of
the Planning Act R.S.O. 1990, without qualification; and,
e) That the conditions of consent imposed by the Committee be fulfilled within two years
from the date of the giving of the notice of decision (Approval shall lapse where the
conditions have not been fulfilled within two years of being imposed and/or two years
from the date of the certificate if the transaction has not been finalized.). WARNING:
Failing to fulfil the conditions within the above-noted statutory periods
Development Services October 11, 2022
Report No. DS2022-127 Page 1 of 11
Page 17 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
(Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the
application to lapse and render this Decision null and void.
4. That Consent Application 2022-B-29 by Daniel S. Gibson & Daniel Glenn Gibson, to
permit an easement measuring approximately 2 metres by 3 metres (6.56 feet by 9.8
feet) for the purposes of a private water service connection serving lands located at 76
Lakeshore Road West, be approved, subject to the conditions identified in Report
DS2022-127.
5. The conditions for Consent Application 2022-B-29 are as follows:
a) That one copy of a Registered Reference Plan of the easement, prepared by an
Ontario Land Surveyor, be submitted to the Secretary-Treasurer, Development
Services Committee, which conforms substantially with the application as submitted
(precise easement dimensions to be based on field conditions and functional
requirements);
b) That the applicant's solicitor prepare and submit a copy of the proposed easement
document, for review by the Municipality and for use for the issuance of the
certificate of Consent;
c) That all municipal taxes be paid to the Township of Oro-Medonte;
d) That the Certificate of Consent be issued utilizing Form 2, under Section 53(42) of
the Planning Act R.S.O. 1990, without qualification; and,
e) That the conditions of consent imposed by the Committee be fulfilled within two years
from the date of the giving of the notice of decision (Approval shall lapse where the
conditions have not been fulfilled within two years of being imposed and/or two years
from the date of the certificate if the transaction has not been finalized.). WARNING:
Failing to fulfil the conditions within the above-noted statutory periods
(Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the
application to lapse and render this Decision null and void.
6. And that the applicants be advised of Council's decisions under the Secretary-
Treasurer's signature.
Background:
James Zaharopoulos, owner of 76 Lakeshore Road West, acting as agent on behalf of Hedley
& Lorraine Parsons (5 Shelswell Boulevard) and Daniel S. Gibson & Daniel G. Gibson (78
Lakeshore Road West) has applied for Consents to permit easements across 5 Shelswell
Boulevard and 78 Lakeshore Road West to accommodate a proposed underground private
connection from the municipal watermain located under Shelswell Boulevard to the existing
dwelling at 76 Lakeshore Road West. The connection to the municipal watermain has been
proposed to provide a water supply due to a failing private well serving 76 Lakeshore Road
West. Schedule 1 to this report shows the locations of the subject properties and the location
of the municipal watermain.
The details of the applications are as follows:
Development Services October 11, 2022
Report No. DS2022-127 Page 2 of 11
Page 18 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Application 2022-B-28 (5 Shelswell Boulevard)
Proposed Easement:
Frontage/Width: Approx. 2 metres 6.56 feet
Depth: Approx. 50 metres (164 feet)
Area: Approx. 100 s . metres 1076 s . feet
Use: Easement for underground private water service.
Application 2022-B-29 (78 Lakeshore Road West)
Proposed Easement:
Width: Approx. 2 metres 6.56 feet
Depth: Approx. 3 metres 9.8 feet
Area: Approx. 6 s . metres 65 s . feet
Use: Easement for underground private water service.
It should be noted that the above-noted dimensions provided by the applicant are approximate
and that the precise dimensions of the easements would be determined and illustrated on a
future reference plan based on field conditions (i.e. locations of buildings/structures) and
functional requirements (i.e. width required to accommodate the installation of the private
water service through directional boring).
Schedule 2 to this report illustrates the locations of the proposed easements across 5
Shelswell Boulevard and 78 Lakeshore Road West, utilizing existing side and rear yards.
Schedule 3 contains the applicant's sketch of the proposed water service location.
Analysis:
Provincial Policies
Provincial Policy Statement (PPS), 2020
The Provincial Policy Statement provides policy direction on matters of Provincial interest
related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas and
Section 1.1 .5 Rural Lands, are applicable to this application. Residential development that is
locally appropriate, compatible with the rural landscape, that can be sustained by rural service
levels and that is appropriate to the infrastructure which is planned or available, is permitted on
rural lands. These applications represent consents for legal or technical reasons (e.g.
easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not
result in the creation of a new lot). The PPS is silent on and does not restrict consents for
legal or technical reasons on rural lands.
The subject lands are located within an established residential area, parts of which are partially
serviced (municipal communal water system and private individual sewage disposal systems)
or that are entirely on private individual water (wells) and septic systems.
Development Services October 11, 2022
Report No. DS2022-127 Page 3 of 11
Page 19 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Township Environmental Services Staff have reviewed the applications and provided
comments (detailed later in this report) that do not oppose the proposed water servicing
arrangement, but do note that potential challenges and long term risks for the private parties
have been discussed at length with the proponent.
Based on the above, the proposed easements for the purposes of a private water connection
are consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term
plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is
applicable to this application. This section has been reviewed and Planning Staff is of the
opinion that the proposed consents for easements are consistent with the Rural Areas policies
in the Growth Plan as the lands subject to this application are already within an established
residential area and the Growth Plan is silent on and does not restrict consents for legal or
technical reasons in rural areas. Planning Staff are of the opinion that the application
conforms to the Growth Plan.
Lake Simcoe Protection Plan (LSPP)
The subject lands are located outside the Lake Simcoe Region Conservation Authority's
regulated area and the Township is not required to circulate consent applications that are not
within the regulated area to the LSRCA. However, the property is located within the Lake
Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe
Protection Plan (LSPP), which is a Provincial Plan approved under the Lake Simcoe Protection
Act, 2008. Planning Staff have reviewed the consent applications in the context of the LSPP
and have determined that the LSPP is silent on and does not restrict consents for legal or
technical reasons such as easements.
Based on the above, Planning Staff are of the opinion the applications conform to the LSPP.
County of Simcoe Official Plan
The subject lands are designated Rural in the County of Simcoe's Official Plan. Section 3.7.4
lists limited residential development as a permitted use within the Rural designation. Section
3.3 - General Development Policies, permits consents for the purpose of legal or technical
reasons in all designations. Therefore, it is Planning Staff's opinion that the applications, for
proposed easements, conform to the County of Simcoe Official Plan.
Notice of these applications has been circulated to the County; but as of the preparation of this
report County Staff have not provided any comments, Council should have regard to any
County comments that may be received.
Development Services October 11, 2022
Report No. DS2022-127 Page 4 of 11
Page 20 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Township of Oro-Medonte Official Plan
The subject property is designated Shoreline in the Township's Official Plan. The Shoreline
designation generally applies to those lands which have already been developed for
permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake.
Section C5 of the Township's Official Plan outlines the permitted uses within the `Shoreline'
designation, which includes single detached dwellings.
Section C17.6.5 - Subdivision Control, pertains to all land use designations in the Township
and Subsection C17.6.5. (c)(i) permits consents for legal or technical purposes.
Based on the above, Planning Staff are of the opinion that the applications, for proposed
easements, conform to the Official Plan.
Zoning By-law 97-95
The subject lands at 5 Shelswell Boulevard are zoned Residential One (R1) and the lands at
76 & 78 Lakeshore Road West are zoned Shoreline Residential (SR) in the Township's Zoning
By-law 97-95, as amended. Single detached dwellings are permitted in these zones.
Although the Zoning By-law does not regulate easements, Planning Staff have considered and
are satisfied that no zoning-related or functional matters such as parking and septic systems
would appear to be impacted or restricted by the proposed easements.
Financial / Legal Implications / Risk Management:
Potential financial and legal implications should the decision of the Committee be appealed to
the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision.
Policies/Legislation:
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• Lake Simcoe Protection Plan
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• County of Simcoe Official Plan
• Township of Oro-Medonte Official Plan
• Township of Oro-Medonte Zoning By-law No. 97-95, as amended
Corporate Strategic Goals:
In 2021, Council adopted the Township's Strategic Plan. The following Goals of the Plan are
relevant to this application:
Foster Safe and Inclusive Community Living & Business Growth
• manage change, promote economic activity that does not negatively impact the
Development Services October 11, 2022
Report No. DS2022-127 Page 5 of 11
Page 21 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Township's natural heritage features and attributes
Consultations:
Notice of this application was circulated to the public and to applicable review agencies and
Township departments, public notice signs were also posted on the subject lands. As of the
preparation of this report, the following comments have been received:
• Building Division — No comments.
Operations Division — No comments on either of these applications. Applicant is to obtain a
road occupancy permit.
• Environmental Services —A long service line across neighbouring private properties
represents challenges and long term risk for all parties and had been discussed at length
with the applicant. In order to provide support to all those involved, Environmental Services
has provided detailed comments (see Schedule 4 to this report).
Attachments:
Schedule 1: Location Map
Schedule 2: Proposed Easements
Schedule 3: Applicant's Sketch of Proposed Water Service
Schedule 4: Township Environmental Services Comments
Conclusion:
Based on Planning Staff's analysis of the applications, it is Staff's recommendation that
Consent Applications 2022-B-28 and 2022-B-29 for the purposes of private water service
easements be approved, subject to the conditions as outlined in this report on the basis that
the applications conform to and are consistent with applicable Provincial, County and
Township land use policies, comply with the requirements of Section 51(24) of the Planning
Act and represents good planning.
Respectfully submitted:
Derek Witlib, MCIP, RPP
Manager, Planning Services
Approvals: Date
Andria Leigh, Deputy CAO/Director Development Services October 6, 2022
Development Services October 11, 2022
Report No. DS2022-127 Page 6 of 11
Page 22 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Schedule 1: Location Map
L
7
Municipal
Watermain -
__ _ ~ ell glv d• _
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Proposed
Easement
5 5helswell Blvd
2022-B-28
78 Lakeshore Rd.W.
2022-B-29
keshore Rd W.
La
76 Lakeshore
Development Services October 11, 2022
Report No. DS2022-127 Page 7 of 11
Page 23 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Schedule 2: Proposed Easements
72
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74
5
76
78
9
84 75
Development Services October 11, 2022
Report No. DS2022-127 Page 8 of 11
Page 24 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re-...
Schedule 3: Applicant Sketch of Proposed Private Water Service
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Development Services October 11, 2022
Report No. DS2022-127 Page 9 of 11
Page 25 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re:...
Schedule 4: Township Environmental Services Comments
From: Jakobi, Michelle<mlakobi@oro-medonte.ca>
Sent: October 4, 2022 9:35 AM
To: Dedora,Abbey<adedora@oro-medonte.ca>
Subject: RE: Notice of Public Hearing-Special Council October 11, 2022 (2022-B-28) Parsons& (2022-B-
29) Gibson
Environmental Services acknowledges that this application is atypical given 76
Lakeshore West does not front a municipal roadway with corresponding municipal
watermain and service connection opportunity.
The application and proposal received is essentially a long service line across
neighbouring private properties, which represents challenges and long term risk for all
parties. Nevertheless, as discussed at length with the applicant, and in order to provide
support to all those involved, Environmental Services offers the following formal
comments:
1. The servicing preference for 76 Lakeshore West is a private well, consistent with
neighbouring properties on Lakeshore. However, we understand the property
owner has contacted well drillers and obtained repair quotes but wishes to
pursue a connection to the municipal drinking water system and has the support
of neighbouring property owners.
2. All work associated with connection to the municipal drinking water system (e.g.
private agreements, easements, survey, legal registration, contractor, materials,
supplies, water meters etc.) is to be completed at the 100% sole expense of the
applicant.
3. Given the proposed easement dimensions as provided in the application, we
recommend language in the easements include consideration for provisions for
the exclusive use of hand tools and/or hydro-excavation within the easement for
any type of repair.
4. Upon registration of easements, completion of survey and fulfillment of any
applicable consent approval conditions, the field connection to the municipal
drinking water system can be initiated through direct coordination with
Environmental Services.
5. A water meter package and trench fee will need to be purchased through
Environmental Services. This water meter must be installed by a licensed
plumber but remains the property of the Township. Upon installation of the water
meter package and an internal shut off valve, an Environmental Services
Technician will seal the meter and install the MXU to permit water meter reading.
6. Immediately following the installation of water service to the property, a water
utility account will be created and water rates immediately applied. Information
on water rates, billing cycles and services can be found on the Township website
https://www.oro-medonte.ca/municipal-services/environmental-services/drinking-
water/water-rates. Unpaid water bills are transferred to taxes and interest rates
imposed.
7. The property owner of 76 Lakeshore West is solely responsible for maintenance
of the water service line from the Township water shut off (i.e. curb stop at
Development Services October 11, 2022
Report No. DS2022-127 Page 10 of 11
Page 26 of 40
5.a) 12.00 p.m. DS2022-127, Derek Witlib, Manager, Planning Services re-...
watermain) to the owner's internal shut-off valve. If there is a leak, or break in the
line, or frozen service it is the homeowner's responsibility to repair.
8. Well decommissioning in Ontario is regulated by the Ministry of the Environment ,
Conservation and Parks. Please see https://www.ontario.ca/page/wells-
reaulation-well-abandonment-haw-plua-and-seal-well-technical-bulletin to ensure
all provincial requirements are followed with respect to decommissioning of the
existing well. The decommissioned well record must be provided to the Township
within 14 days of completion.
Sincerely,
Michelle Jakobi
Director, Environmental Services
Township of Oro-Medonte
Development Services October 11, 2022
Report No. DS2022-127 Page 11 of 11
Page 27 of 40
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Page 39 of 40
6.a) 2022-088: Being a by-law to confirm the proceedings of the Special ...
The Corporation of the Township of Oro-Medonte
By-Law No. 2022-088
Being a By-Law to Confirm the Proceedings of the Special Council Meeting
held on Tuesday, October 11, 2022
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 Special 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 Special Council Meeting held on Tuesday,
October 11, 2022, 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 Land Tribunal 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 11th day of
October, 2022.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Clerk,Yvonne Aubichon
Page 40 of 40