Loading...
2019-056 A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas and to Repeal By-law No. 2015-086The Corporation of the Township of Oro-Medonte By-law No. 2019-056 A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas and to Repeal By-law No. 2015-086 Whereas subsection 41(2) of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides that where an area is shown in the Oro-Medonte 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 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 subsection 41(13) of the Planning Act authorizes the council of a municipality to delegate to an appointed officer of the municipality any of the council's powers 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) "By-law" means this by-law passed under subsection 41(2) of the Planning Act; (b) "Council" means the Council for the Township. (c) "Development" shall have the same meaning as set out in subsection 41(1) of the Planning Act, meaning the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration 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 sites for the location of three or more trailers as defined in subsection 164(4) of the Municipal Act2001, S.O. 2001, c. 25, as amended, or of sites for the location of three or more mobiles homes as defined in subsection 46(1) of the Planning Actor of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of the Planning Act. (d) "Director of Development Services" shall mean the Director of Development Services of the Township or designate. (e) "On -Farm Diversified Use" includes, but is not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. (f) "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. (g) "Township" means The Corporation of the Township of Oro-Medonte or the appointed officer of the Council in accordance with this By-law. (h) "Zoning By-law" means the Township of Oro-Medonte Comprehensive Zoning By-law 97-97, as amended. (i) All other terms used in this By-law shall be have the meanings as defined under the Zoning By-law. 2. Site Plan Control Area All land within the corporate limits of the Township are hereby designated as a Site Plan Control Area. The properties listed in Schedule "A" and forming part of this By-law are 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 do not require the approval of plans and drawings otherwise required under subsections 41(4) and (5) of the Planning Act, (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, except where such agricultural development; (i) includes an existing or proposed commercial greenhouse; (ii) includes an existing or proposed building or structure for the indoor growing of crops; (iii) includes an existing or proposed On -Farm Diversified Use, meaning uses that are secondary to the principal agricultural use of the property, and are limited in area; (iv)includes a kennel; (v) is subject to site plan control 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; (d) Any development, buildings or structures erected by the Township. (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%, except that: (i) only one exemption per building or structure shall be permitted pursuant to this section; and (ii) 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 all costs of such registration of the Agreement or Amendment or any other related instruments 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/Multi-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. (c) Major Commercial/Industrial/Multi-Residential - All development that is not consider Residential or Minor Commercial/Industrial shall be considered Major Commercial/I ndustrial/M u Iti-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 an agreement under 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 Committee of Adjustment has approved a development application (i.e. Zoning By-law Amendment), 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 delegated authority set out above: (a) The Director of Development Services may, at any time, refer applications to Council for approval; 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 owner or applicant may request that the application be presented to Council for approval. 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 plans and drawing, 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 Applicants are encouraged to consult with the Township before submitting plans and drawings for approval as provided in subsection 41(3.1) of the Planning Act. 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 Land Planning Appeal Tribunal, has approved one or both as the Township may determine, of the following: (a) 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 (b) 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. 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 expense 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; (j) Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon; and (k) Subject to subsection 41(9.1) of the Planning Act, the conveyance of part of the land to the Township for a public transit right of way. 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 8 (b), (c), (d), (e), (f), (g), (h) and 0), 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 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 of land 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, 2001. 3. Any offence of the provisions of section 41 of the Planning Act or any provisions of this By-law, 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 executing a 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 Development Services delegates the responsibility may enter on land subject to the Agreement to inspect same for compliance with the Agreement. Nothing in this provision authorizes the entry into 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 2015-086 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 12th day of June, 2019. The Corporation of the Township of Oro-Medonte Mayor, Deputy Clerk, Janette Teeter Schedule "A" to By-law No. 2019-056 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: Lands zoned *31 in Comprehensive Zoning By-law 97-95 of the Township of Oro- Medonte, described as E1/2 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 (141) 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 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). 6. Lots 1 to 13 inclusive, Plan 51 M-720, Township of Oro-Medonte. 7. Lots 16 to 28 and Lots 30 to 43 inclusive, Draft Plan of Subdivision 43T-91031 (Buffalo Springs). 8. West Part of Lot 1, Concession 13 (6 Catherine Street).