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Home My WebLink AboutZoning By-law No. Z564-2008 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z564-2008 BORM BEING A BY-LAW TO AMEND BY-LAW No.Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No.Z456-2003, as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 57,by removing from the Agricultural(A l-A)Zone and adding to the Rural Industrial(M2) Zone,which lands are outlined in heavy solid lines and marked M2 on Schedule"A"to this By-law, which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 7th DAY OF August 2008. READ A SECOND THIS 7th DAY OF August 2008. READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF August 2008. I MAY01 P I r CLE - — . _ • — — _ _ _ _ I 1 1, I , I 1 j I , —I I -- • '' I I --, ;IA . . ,1.II — ---- 1, LA,12 --- I 0 Th----- H I I • i 1 Iv -7- , .:. I .._ LOT :1 . LOT I. L()14 (1.(1'NCESHON ,'- .F_ I c I I I --, -_ I I I .....................---."'- ';---"---------- L•i''(( ' \\\ 1 '------z-----1--- I' [ 0 .. I,-4TON --,_ (SEE SCHEP.ILE ' 1 i-- Ci 1 ...."' -----, .: I i . I 1 1 I 1 '--- .-'----- .-71,.1 _)---" ---•---- -77--' I i 1 I 1 I'l I _ 1 jrr jicf:::, ki.7-:::.E. .... Airt_o 1. -7-- .. -- 1,,JAIzizIH _ - ...., - . — --- 1 11 _, --- . 11N . , il SCHEDULE 'A' MAP No57 l' _ . ISSUE DATE: EIF s Nov 30 2009 "' • L V 71** DEC # L ZOD9p o .e..........: PL08A1148 Ontario Ontario Municipal Board MUNICIPALITY OF BAYH1 M Commission des affaires municipales de ('Ontario IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended; Appellant: Roger& Cheryl James Appellant: Kathleen Kennedy Subject: By-law No. 2564-2008 Municipality: Township of Bayham OMB Case No.: PL081148 OMB File No.: PL081148 IN THE MATTER OF subsection 53(19) of the Planning Act R.S.O. 1990, c. P 13, as amended; Appellant: Roger and Cheryl James Appellant: Kathleen Kennedy Applicant: Romain &Simonne Borm Subject: Consent Property Address/Description: 7202 Richmond Rd Municipality: Township of Bayham OMB Case No.: PL070854-C070205 OMB File No.: PL070854-C070205 Municipal No. E55/07 BEFORE: J.E SNIEZEK ) Monday, the 30th MEMBER ) ) day of November 2009 THESE MATTERS having come on for public hearing, and the Board in its Decision issued on July 14 2009, having withheld its Order pending receipt of a completed Site Plan Agreement; AND THE BOARD having been advised by Margaret Underhill (Planning Coordinator/Deputy Clerk) on November 6, 2009 that the Site Plan Agreement was approved by By-law 2009-096 on November 5, 2009; THE BOARD ORDERS that the appeal against By-law Z564-2008 of the Township of Bayham is allowed in part, and By-law Z564-2008 is amended as set out in the Board's Decision and illustrated in the Site Plan Agreement. In all other respects, the Board orders that the appeal is dismissed. ¢. � . P 4 SECRETARY ISSUE DATE: July 14, 2009 rte`.• PL070854 mintimmurcra Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario IN THE MATTER OF subsection 34(19) of the Planning Act, A.S.O. 1990, c. P.13,as amended; Appellant: Roger& Cheryl James Subject: By-law No. Z564-2008 Municipality: Township of Bayham OMB Case No.: PL070854-C070205 OMB File No.: PL081148 IN THE MATTER OF subsection 53(19) of the Planning Act R.S.O. 1990, c.P.13, as amended; Appellant: Roger& Cheryl James Appellant: Kathleen Kennedy Appellant Romaine & Simonne Borm Subject: Consent Property Address/Description: 7202 Richmond Rd Municipality: Township of Bayham OMB Case No.: PL070854-C070205 OMB File No.: PL070854-C070205 Municipal No. E55/07 APPEARANCES: Parties Counsel Municipality of Bayham Barry Card Roger and Cheryl James Steven D. S. Ross Kathleen Kennedy The County of Elgin and the Corporation of Stephen H. Gibson the County of Elgin Land Division Committee DECISION DELIVERED BY J. E. SNIEZEK AND ORDER OF THE BOARD Romaine and Simmone Borm (the Applicants) applied to rezone their property from Agricultural Al to M2 Industrial in order to facilitate the sale of property to Etienne and Marie-Louise Borm. The purchasers wish to enlarge their existing tool and die - 2 - PL070854 operation known as ETBO. The rezoning application was approved when the Municipality of Bayham adopted By-law Z564-2008. The By-law Z564-2008 was appealed by Roger and Cheryl James and Kathleen Kennedy (the Appellants). The Applicants applied to sever a parcel of land with a frontage of 68.3m, a depth of 153.3m and an area of 2.0234 ha. The property will be consolidated with a 161 .5m by 92.3m parcel owned by Etienne and Marie-Louise Borm. The Applicants will retain the remnant parcel, a 76.64 hectare farm with a house and three barns. The provisional consent was granted by the Corporation of the County of Elgin Land Division Committee. The provisional consent was appealed by Roger and Cheryl James and Kathleen Kennedy (the Appellants). At the outset of the hearing Mr. Card made a preliminary motion to exclude the testimony of Heather James, a planner for the Appellants. Ms James is the daughter of Roger and Cheryl James, two of the three Appellants in this matter. Mr. Card referred to the case of Fellowes, McNeil v Kanza General International Insurance Co. 1998 CanLII 14856 (ON S. C.). Mr. Card alleges that the witness will not meet the test of impartiality and should be excluded. Mr. Ross responds that his client would be prejudiced by the exclusion and if the Board ruled that Ms James should be excluded that he would request an adjournment. He countered by using the facts of the case that related to an investigation of professional misconduct by a lawyer. There is no conflict between the parties. Mr. Ross noted that Ms James would not appear before the Board unless she had a strong case. Mr. Ross noted that in this case Mr. Rowe, the planning witness, had acted as the agent for the Applicants before the Land Division Committee and Municipal Council and now was appearing before the Board as an independent witness. The case law, as the Board understands it, is that the witness is qualified and gives testimony the Board must weigh that evidence and determine its proper weight. - 3 - P L070854 The Board will not exclude the witness, but will weigh her evidence given the relationship between the witness and two of the Appellants and assign a proper weight to it given its substance and veracity. Mr. Ross, after consulting with his clients, decided to proceed with the hearing based upon the preceding ruling by the Board. The Board heard from Mr. David Rowe, planning consultant for the applicant, Etienne Borm, the plant manager of ETBO and son of the founder, and Heather James, planner for the Appellants. Background ETBO is a tool and die company that has been located on the property since 1958. The industrial use is classified a tool and die manufacturing facility with 45 employees producing products for the automobile and electronics industries. The company is one of the largest employers in the municipality. A previous severance was added to the ETBO property in 1996 and that was accompanied by the requisite rezoning application. The planning responsibilities are divided with the County of Elgin being responsible for consents, the approval of zoning by-laws rests with the local municipalities and the approval of subdivisions and Official Plan Amendments (OPA) remains with the Ministry of Municipal Affairs and Housing (MMAH). The County has no official plan and therefore all planning documents are within the purview of the municipality which is, in this case, the Municipality of Bayham. The subject lands are designated "Agricultural" and a portion of the property to the rear is designated Hazard Land. The subject property fronts on the Richmond Road (County Road 43). The subject property is just north of the hamlet of Calton. The subject lands are located 414.7 m south of the James Line. The James Line connects with John Wise Line another major County road that runs in an east — west direction towards St. Thomas. - 4 - PL070854 On the second day of the hearing the Board was informed that the parties had reached a settlement. Ms James outlined the terms of the settlement to the Board and provided her unqualified planning opinion in support. The Appellants agreed to withdraw their appeal to the consent. The appeal to zoning by-law would be granted in part and the by-law would be amended to include a minimum 60 m setback from the northerly lot line (the lot line closest to the property of the Appellants), a minimum 30m setback from the property line to the east (the rear yard setback), a minimum lot size of 33,200 m2 (the area will be confirmed by the surveyor), maximum lot coverage of 15% and only one manufacturing use permitted on the property — the tool and die manufacturing facility including the metal stamping activity. The By-law incorporating the above-mentioned settlement is attached to this decision. The details of the buffer area to be incorporated into the site plan agreement will finalize the settlement. Ms James testified that the settlement addresses the concerns of the neighbours. Based upon the un-contradicted evidence, the Board allows the appeal of the zoning by-law in part and amends the by-law as attached to this decision. The Board will withhold its order pending the completion of a site plan agreement and the Parties will be given one year from the date of this Order to finalize the agreement. The Board may be spoken to if difficulties arise. So Orders the Board. "J. E. Sniezek" J. E. SNIEZEK MEMBER ATTACHMENT "1" THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z571-2009 BORM BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"A", Map No. 57,by deleting from the Rural Industrial (M2)Zone and adding to the Site-Specific Rural Industrial(M2-8)Zone,those lands which are outlined in heavy solid lines and marked M2-8 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 2) By-law No.Z456-2003,as amended,is hereby further amended by adding the following new subsection: "21.10.8 21.10.81 Defined Area M2-8 as shown on Schedule "A", Map No. 57 to this bylaw; 21.10.8.2 Minimum Lot Area 30,000 m2 21.10.8.3 Maximum Lot Coverage 15%of the minimum lot area; 21.10.8.4 Minimum Side Yard Death 60.0 metres for the primary building(north lot line) 21.10.8.5 Minimum Rear Yard Depth 30.0 metres for the primary building(east lot line); 21.10.8.6 Permitted Uses Tool and Die Design and Manufacturing Facility. 21.10.8.7 Defined Use For the purposes of the M2-8 Zone, a Tool and Die Design and Manufacturing Facility shall be defined as follows: Tool and Die Design and Manufacturing Facility: shall mean the use of land, buildings or structuresfor the purpose of engineering and tool design, manufacturing, fabrication, assembly, testing, prototyping, machining, milling, parts cleaning and repairing, stamping and press facility and ancillary warehousing and storage. 21.10.8.8 Supplemental Regulations A Site Plan Control Agreement be registered on title and appellants of OMB Hearing File No. PLO70854-C070205 be a party to the Agreement' 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time; or b) Where notice of objection has been tiled with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS DAY OF 2009. --READ A SECOND TIMETHIS ----- DAY-OF - 2009. READ A THIRD TIME AND FINALLY PASSED THIS- DAY OF_ 2009. MAYOR CLERK — _ 1 JqM 11N 0 w Mop SO 1 a _ II �_ zi „.... [ilir8 NN---F-6 I o :0 _J r 44. O O M o LOT 1 LOT 2 LOT 3 LOT 4 a CONCESSION IV ` r co c 3 0 I— OttEK aI .......-- I-"---H m CALTON (SEE SCHEDULE r) K RI I Iti 61\N.....Nst...................:1 I P -1 01111 I CAI." LINE WWIII I This is Schedule "A" to By—law Moa 641_ No. Z571-2009, passed the __th ---....• -.. . day of __________ 2009. _ _ 1 MAYOR CLERK MUNICIPALITY OF BAYHAM o 250m 500m 1 MAP No. 57 ;N SCHEDULE 'A' Scale: 12,500