HomeMy WebLinkAboutZoning By-law No. Z571-2009 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 Bayharn 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-Iaw,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
21.10.8.1 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 Depth
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 structures for 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. PL070854-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 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 DAY OF 2009.
READ A SECOND TIME THIS DAY OF_ 2009.
READ A TIME AND FINALLY PASSED THIS DAY OF 2009.
MAYOR CLERK
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This is Schedule "A" to By—law7' eat __'
No. Z571-2009, passed the __th ' _
day of ___... ._. ___ 2009. = _
1 MAYOR CLERK _
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MUNICfPALITY OF BAYHAM 0 250m 500m
_IIIIIIJ MAP No. 57 ;ry
SCHEDULE A Scope 1 : 12,500
ISSUE DATE: r
Nov 30 2009 � C.
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F.:( ' G PL081148
Ontario
Ontario Municipal Board gi if=:!`•=1 rE'3' Y tk 1 R
Commission des affaires municipales de l'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. Z564-2008
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.
U 4
�.t
SECRETARY
ISSUE DATE: Agi
July 14, 2009
*** PL070854
Ontario
Ontario Municipal Board
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
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 FeHowes, McNeil v Kanza General International Insurance Co. 1998 CanLll
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 - PL070854
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 properly 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.
4J. E. Sniezek"
J. E. SNIEZEK
MEMBER