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HomeMy WebLinkAboutMarch 02, 2017 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 2, 2017 6:30 p.m. 1. CALLTO ORDER 2. APPOINTMENT OF CHAIRMAN 3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. APPLICATIONS A. Minor Variance Application A01/17Froese THE PURPOSE of the variance is to permit a 62 m2 (672 ft2) Supplementary Farm Dwelling in the Agricultural (Al-A) zone on a 40 ha (100 acres) property located on the north side of Calton Line, east of Toll Gate Road known as 57268 Calton Line. THE EFFECT of the variance will be to allow for additional farm labour of up to eight persons to reside in a mobile home adjacent to the existing farm building cluster during the harvest season. 5. STAFF PRESENTATION A. Report DS-06/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A-01/17 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT Froese $AYH NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED fill= MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM Ap°rtunity IsY° APPLICANT: Isaac and Maria Froese TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-01/17). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday March 2, 2017 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to permit a 62 m2(672 ft2) Supplementary Farm Dwelling in the Agricultural (Al-A)zone on a 40 ha (100 acres) property located on the north side of Calton Line, east of Toll Gate Road known as 57268 Calton Line. THE EFFECT of the variance will be to allow for additional farm labour of up to eight persons to reside in a mobile home adjacent to the existing farm building cluster during the harvest season. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 17th day of February 2017. KEY MAP MUNICIPALITY OF BAYHAM E f "1-0,T 4 2; Margaret Underhill Deputy Clerk/Planning Coordinator N Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON,NOJ 1Y0 1 "' 19 L01 20 T: 519-866-5521 Ext. 222 n Lor 221 F: 519-866-3884 1. IA)I 221 01 24 E: munderhill@bayham.on.ca I OT-23 W: www.bayham.on.ca SUBJECT LANDS JET°*zi*e LOT 20 LOT 21 LO 122 IA)I'23 4 25 voNYHA4 __ _ - 11 --- A`k - rt.,-, , .,„,„,--4.,..-iii,-..„ ,01--*'dik-4-07117*4 arv,-,-,,}lie REPORT o 8 ,T {y DEVELOPMENT SERVICES A'puj'tunity I5•iO TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: March 2, 2017 REPORT: DS-06/17 FILE NO. C-07 / D12.FROE Roll # 34-01-000-003-06900 SUBJECT: Committee of Adjustment - Minor Variance—A-01117 Froese BACKGROUND: Isaac and Maria Froese have submitted a minor variance application for their 40 hectare (99.46 acre) property. The property is designated "Agriculture" and "Natural Gas Reservoir" on Schedule "Al" Land Use in the Official Plan and zoned Agriculture (Al-A) and LPRCA regulation limit and located on Map No. 9 of the Zoning By-law Z456-2003. The purpose of the variance is to permit a 62 m2 (672 ft2) Supplementary Farm Dwelling (mobile home) in the Agricultural (Al-A) zone on a 40 ha (100 acres) property located on the north side of Calton Line, east of Toll Gate Road known as 57268 Calton Line. The effect of the variance will be to allow for additional farm labour of up to eight persons to reside in a mobile home adjacent to the existing farm building cluster during the harvest season. DISCUSSION: Council must be satisfied the submitted justification meets the criteria in the Official Plan regarding need, existing dwellings, location, size and type, services and vehicular access. Council must also be satisfied the application meets the Planning Act four "tests". Staff and planner concur the application meets the criteria as outlined in the planner's memorandum attached to this report. Approval is subject to a development agreement to address the general concerns outlined in the Official Plan and staff concerns, such as the installation a new septic system, requirement to arrange for a fire safety inspection with the Municipality prior to occupancy and inspection by the Elgin St. Thomas Public Health. Also, the owner is required to provide sufficient access roadway for fire apparatus to approach the building subject to approval by the Municipality of Bayham Fire Chief. A draft agreement is attached for Committee comment and will be considered for approval in the March 2nd regular Staff Report DS-06/17 Froese Page 2 Council agenda. Staff and planner concur the application meets the criteria and recommend approval. ATTACHMENTS 1. Application for Minor Variance A-01/17 Froese 2. IBI Memorandum dated February 3, 2017 3. Draft Development Agreement (subject to Council approval) RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-06/17 regarding the Froese minor variance be received; 2. AND WHEREAS the Committee agrees that the proposed variance meets Section 45.1(1) of the Planning Act and this variance is considered minor; 3. THEREFORE application A-01/17 submitted by Isaac and Maria Froese, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 5.1 — Permitted Uses —to permit the placement of one (1) mobile home as a supplementary farm dwelling on an agricultural lot identified as 57268 Calton Line in accordance with Section 2.1.10 of the Official Plan Condition of Minor Variance: Subject to a Development Agreement with the Municipality of Bayham to be executed within 30 days of minor variance approval. Respectfully Submitted by: Reviewed by: 4111101111".r Margaret Underhill '=ul h Secretary/Treasurer Committee of Adjustment CA• le $AYEFile No. A 0/ "' I -1 474 ® _ AunitylsYO APPLICATION FOR MINOR VARIANCE " ' ",J', Planning Act, R.S.O. 1990, O.Reg 200/96 as amended MUNICIPAL]]Y AYHA The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Rd. STRAFFORDVILLE, ON Telephone:.519 866-5521 Fax:519 866-3884 Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application, from By-law No. Z456-2003 (as amended) Municipality of Bayham. Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name :-/- 5 c,_ c Fe e S 4. / Atria 6O C5C b) Mailing Address 5-(101 g /e Grdve i,ii e Et)e-i 01'14- NO 5 I WO c) Telephone No. Home: swel 756 s-o( f Work: 5'/y 5-5-0 /f61/ d) Fax No. r 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: wner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY 1-4.,11 3 got ` coo -00 -- 062 cl 00 Application No.: v „F,p Date Received: .aQ:,� ( -//" Date of Meeting: File No.: 11 O = Fee Received: •j --(`.//'7 Committee Decision: 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address file,oho;it1.2 So_„„A5S 5"s9 TehiA Vvee}- /1) /,A/ €v 01F C,.^-„11 Cv t )II- ti-K;©v` /U J r"/ /X 1 4. Location of Land 9GU *-3Z% i --C CX: — 0° —CLAci 00 a) Lot and Plan or Concession 'No.: 'T kr<;,. 6 0 5 1-ytiaz4'�1 b) Street/911 #& Name: 67(96$ C//0 h �,.., e RR # / ll I-ii l 5. Nature and extent of relief applied for: A/. '/1 P✓1gd s ple.?in ova 1!y /'a. , _ PweA//`'; 14, eV /o 1 ' etr5.Oh,'' f0V �� i 1 F 1,^ / e NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. 6. Why is it not possible ito comply with the provisions of the By-law?/ l a '7`i ori trete j e p ii e e G�,�'1 i.a F�ltt r'l eS 'T (9f G issi 'i�j . Re CIL A.1r-- adc 4-I©r\c4, suer Ie"'t` 6,,,,� hcu.si\fn 7. Dimensions of the land affected: a) Frontage(m) /5--00 ree)4- b) Lb) Depth (m) c) Area(sq.m /ha) (Co //c i ei 8. Particulars of all buildings and structures on or proposed for the subject land (specify ground floor area,gross floor area, number of storeys,width, length, height, etc.) a) Existin p C, QQC�m hou.St? 1 a \Thos . 1 C�c\L a \-6( pho�i to t c ttr r IGS?0 - (F I ' �- /!e u s e1), aCY\ 9'6 e i i c�'roCo \'\1\l �i IU ,'eek b) Proposed QuN 0, \-e- C AA)AE t\Ci(YNe. Ir3C SGL. u T 9. Date of acquisition of subject land: 19e c ‘.10 1 5 ,90r---- .2 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 3 10. Date of construction of all buildings and structures on subject lands: 06 14 U# A00-14..) 11. Existing uses of the subject property: / Com .Cf„An 10j 36 ,- cye'j 6'.rcii.,ti�"\.i b(?Ywadiri 01-a400S. P .c., ‘71Q 4i'e.6 12. Length of time and existing uses to the subject property have continued: /eV P/kI 13. Existing uses of abutting properties: a) North /19 ,®i�/4//a yrs b) East 45 y i C iA i t i< re c) South 49 vie (A- / /“ V-e-'" d) West /1,9I.Ci} / AA,.•e 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well Alt Private Communal Well 0 Other(please specify) /ell i s c/a. ,e/ a,,,# it', // & b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System 0 Tile Field System NI Public Sanitary Sewer System 0 Other(please specify) 5. a -z 415 ./,--t e. r 7 pof/e /.4,ti ��. 15. Present Official Plan designation: A. , ,�� `;,, 16. Present Zoning Bylaw classification: gyri c Mire ( 1-4) 1,0A'('j% (rI irn; i` 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes 0 No CIO If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes 0 No D4 7 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION I/We, -s44 froe5e Q.ur\d`-.Ac cl'eA SC of the Name of Applicant(s) `"1 tit in the (City, Municipality, Town, Township) (County/District/Region) LE NtY DEC n/ AFFIRM THAT to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true; • THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. I/We also agree to accept all costs as rendered; ttt w cna �i cri^- AND I make this Betel ii-Deeta4ation conscientiously believing it to be true, and knowing that it is of the same force and affect as if made under oath and by virtue of the "Canada Evidence Act'. DECLARED before me at the (City,MunicipalitY,Town,Townshi ) Signature of Applicant or Authorized Agent* in the P c:77 Jc t ) A (County/Distfrict/Region), ) Signature of Applicant this z/ day of 44e20 ((0 ) I� n vy . , ) Signature of Applicant .Z/ 777 /id//( / A Commissioner, etc. ) MARGARET UNDEPJ-t1LL,a Commissioner, etc. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Municipality ofDaylze , application. 11/03/2015 Minor Variance 2015 ... Ca ti 0 irx L ; 1 PIC 1,,,/e. 1 t 4. o . 1 3 lc- --...._,), 'I\ < It- ',611 at t. I • A\ \ ---- -3 5----> •."? .,, •Icv,:: 0*-- 6(7 l'5A t I \ ;4 11)0 b;I e (-I 0 kti ej 7I-e____ -, "../0 > CGIF 7 MOW a) Need: Sufficient information must be provided which outlines how the type, scale, and/or size of the farm operation warrant the need for a supplementary farm dwelling; b) Existing:dwellings: Sufficient justification must be provided to show how any existing supplementary farm dwellings that are part of the farming operation can't satisfy the housing needs of the farming operation; c) Location: Sufficient justification must be provided to show how the location of the supplementary farm dwelling makes efficient use of existing services and infrastructure and how the location will not impact surrounding land uses. Preference will be given to close proximity to principal farm dwellings and the use of natural landscaping to buffer temporary dwellings from surrounding land uses; d) Size and type: The supplementary farm dwelling unit is of a minimum size and type that can accommodate both health unit and building code requirements,and shall be no larger than necessary to accommodate the needs of the temporary farm help residing in the dwelling. Preference will be given to temporary dwellings, or alternatively permanent dwellings that are one storey in height with a maximum floor area of approximately 167m2(1800ft2); e) Services: The supplementary farm dwelling must demonstrate an adequate supply of potable water and sanitary sewage disposal system to the satisfaction of the Municipality. Preference will be given to dwellings which can make use of existing services; f) Vehicular access: The supplementary farm dwelling must demonstrate how vehicular access will not contribute to any traffic-related hazards to the satisfaction of the appropriate road authority. Preference will be given to the use of existing driveways. 2.1.10.2 The Municipality may enter into an agreement with the applicant relating to such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help. 2.2 NATURAL HERITAGE RESOURCES In accordance with the policies of Section 2.1 of the Provincial Policy Statement 2005, this Plan shall recognize the natural heritage features and areas of the Municipality and protect them from incompatible development. Natural Heritage resources include Official Plan of the Municipality of Bayham Consolidated January 8"',2016 Page 2-7 A) I need the house in order to house laborers during harvest time. B) There is an existing building but it is not sufficient housing for my laborers. C) The building will be placed in close proximity to other farm dwellings, and will not impact surrounding land uses because the area for the proposed building is an empty plot of grass. D) The trailer is large enough to accommodate both health unit and building code requirement, and is just big enough to house a family of 6 during the working season. E) Sewage and water are already in place,and are accessible for the new building. F) There are two existing driveways on the land,one of which leads directly to the proposed building and provides vehicular access for the living in said building. 707 IBI GROUP I B I 203-350 Oxford Street West London N N6H T3 Canada tel 519 4072 328 1 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date February 3, 2017 From Paul Riley, CPT Project No 3404 -647 cc file Subject Froese-Application for Minor Variance to Zoning By-law#Z456-2003 S Part Lot 22 Concession 5, 57268 Calton Line 1. We have completed our review of Minor Variance application A-01/17, submitted by Isaac and Maria Froese for lands located at 57268 Calton Line, east of Toll Gate Road. The applicant is requesting a variance to Zoning By-law#Z456-2003 to permit the addition of a mobile home trailer as a supplementary farm dwelling to accommodate eight(8) seasonal farm labourers.A variance is required because a supplementary farm dwelling is not a listed permitted use in the zone. The subject lands are designated Agriculture and Natural Gas Reservoir on Schedule"Al" Land Use in the Official Plan. Specifically, Section 2.1.10 sets out policies for Supplementary Farm Dwellings requiring a minor variance to permit temporary accommodation for farm labourers. The lands are zoned Agriculture (Al-A)and LPRCA regulation limit and are located on Map No. 9 of the Zoning By-law. The permitted uses include all forms of agricultural use with a minimum lot area of 40 ha (100 acres). 2. The subject lands have a lot area of 40 ha(100 acres). The applicant operates an additional farm property. The farms together are operated to grow the following area of specific crops: 16 ha (40 acres) peppers and 14 ha (35 acres) cucumbers employing approximately 8 seasonal workers for harvesting. The property includes an existing farm dwelling, barn,and tobacco kiln. The proposal is to add a mobile home trailer of 62 m2(675 ft2) to be used as residence for farm labour. Services to the property include private on site well, mutual to all dwellings, and separate private tile field septic systems for the mobile home and the farm house. 3. Official Plan Section 2.1.10 states that the Municipality supports the erection or placement of additional dwellings on farm parcels where the size or nature of the farming operation warrants additional dwellings. Such dwellings may only be permitted by a minor variance to the Zoning By-law and may not be severed from the farm operation. Such dwellings may be temporary dwellings in the form of a mobile home or modular home; or a permanent dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer to any parcels owned, or owned in part by an applicant.The applicants are seeking approval for one (1) mobile trailer on the site. 4. Establishment of supplementary farm dwellings will be permitted subject to the following criteria: a) Need: Is there a need for such a dwelling based on the type, scale, and/or size of the farm operation. The applicant requires farm help for labour during harvest season based on the land area being harvested. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—January 31,2017 b) Existing Dwellings: Is there justification for permitting the proposed new dwelling, where existing on-site accommodations may exist. There is an existing dwelling that is insufficient to meet the farm operation needs. c) Location: The location of the proposed dwelling should utilize existing services (driveways, wells, septic systems) where feasible and be sited so as to not impact any surrounding land uses. Our review of the conceptual sketch and the most recent aerial photographs indicates the existing cluster of farm buildings is located near Calton Line. The proposed mobile home location is on the northerly edge of the farm cluster in proximity to the barn with access from the secondary driveway. This area is suitably buffered from the existing dwelling and on-site and off-site agricultural uses and would be suitably removed from the nearest off-site dwelling, minimizing any potential nuisance impacts. It is our opinion that the most suitable location on the subject lands for supplementary farm dwellings is in proximity to the farm buildings cluster as proposed. d) Size and Type: The proposed dwelling must meet building code requirements for public health and safety and should not be any larger than necessary to accommodate the needs of the farm help residing in the dwelling. The proposed mobile trailer is the preferred form of housing as they can be more easily removed from the property. The Chief Building Official as well as the appropriate Health Unit should be satisfied that the mobile home can meet public health and safety requirements for the total number of persons to be accommodated. e) Services: The proponent must illustrate adequate water and sewage treatment and disposal services for the proposed dwelling. The application indicates that an existing well will service all dwellings and that the mobile trailer will connect to a septic system that is separate from the existing dwelling located on the subject lands. f) Vehicular Access: The proponent should illustrate how the proposed dwelling will not contribute to any traffic-related hazards. The proposed dwelling is located within close proximity to the existing farm buildings and the existing driveways which avoids the need for additional driveways resulting from the new supplementary farm dwelling. 5. Section 45.(1)of the Planning Act outlines the four"tests"with which the Committee of Adjustment must be satisfied with, when considering an application for a minor variance to the Zoning By-law. The following outlines our analysis of these tests: • Is the variance minor in nature? The variance of use is minor in nature, insomuch as dwellings are permitted on agricultural lots, and the Municipality has stated support for additional supplementary farm dwellings in accordance with the above criteria. • Is the variance desirable for the use of the lands? Provided there is no history of ongoing adverse impacts, the variance can be deemed a desirable use of the lands. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 3 Municipality of Bayham—January 31,2017 • Does the variance maintain the general intent and purpose of the Zoning By-law? The Zoning By-law permits a variety of agricultural uses in the Al-A zone. The requested supplementary farm dwelling is deemed to be complementary to agricultural uses as they would provide additional support to continue normal farming operations; and therefore the variance would meet the intent and purpose of the Zoning By-law. • Does the variance maintain the general intent and purpose of the Official Plan? The intent and purpose of the 'Agriculture' land use designation is to provide for all types, sizes, and intensities of agricultural uses and normal farm practices. It is our opinion that supplementary farm dwellings maintain the intent of the'Agriculture' land use designation. 6. Based on our review, we have no objection to the proposed variance to the Zoning By-law as requested subject to an agreement to address general concerns outlined herein. Section 2.1.10.2 states that the Municipality may enter into an agreement with the applicant relating to such matters as location, maintenance, buffering, removal, and period of occupancy of any dwellings, as well as any other matters deemed appropriate to ensure that the dwelling is used for its intended purpose of providing housing for farm help. 7. Based on our review we would have no objection to the requested minor variance to permit a supplementary farm dwelling in a mobile home with a maximum floor area of 62 m (672 ft2) for a maximum of eight seasonal farm labourers on the property where the following conditions have been fulfilled: i. The owner enter into an agreement with the Municipality for the removal of the mobile trailer building from the property no more than 6 months after the existing vegetable farm operation has ceased and that the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham. ii. The owner provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on site capacity for potable drinking water and a septic system for the existing dwellings and proposed mobile home. ?Cx ai IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017 - 023 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN ISAAC AND MARIA FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45(9.1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Isaac and Maria Froese are the owners of lands in Lot 22 Concession 5, known municipally as 57268 Calton Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-01/17, including the condition that the owners execute a development agreement for the supplementary farm dwellings as per policies of Section 2.1.10 the Official Plan; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Isaac and Maria Froese affixed hereto and forming part of this By-law and marked as Schedule "A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MARCH 2017. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW 2017 -023 DEVELOPMENT AGREEMENT BETWEEN ISAAC AND MARIA FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 57268 Calton Line, Concession 5 S Pt Lot 22 Municipality of Bayham, County of Elgin 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 2"d day of March 2017. BETWEEN: ISAAC AND MARIA FROESE Hereinafter called the "OWNER" OF THE FIRST PART -AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being South Part Lot 22, Concession 5, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to locate one (1) additional supplementary farm dwelling (mobile home) in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (and hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of the location of the mobile home on the Lands requires the Owner to enter into a Development Agreement; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that the one (1) mobile home to house up to eight (8) seasonal farm labourers shall be located on the Lands in general accordance with the area identified on the attached Plan. 2. The Owner shall remove the mobile home from the property should it cease to be used for the purpose of housing supplementary farm labour for a period longer than two(2)calendar years after the existing bona fide vegetable and cash crop farm operation has ceased and the Owner shall maintain the site in accordance with the By-laws of the Municipality of Bayham; 3 3. The Owner shall not permit the mobile home, deemed as a supplementary farm dwelling on the Lands, to be occupied by any persons between the period of December 1St and March 31St of any calendar year. 4. The Owner further agrees: a) To provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on-site capacity for potable drinking water, and; b) To apply to the Municipality for the installation of a new septic system for the mobile home, and; c) That upon failure by the Owner to do any act identified herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security, and; d) That nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 5. The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from the Elgin St. Thomas Public Health. 6. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 7. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may,from time to time, and at any time,enter on the premises of the Owner to inspect the mobile homes for the purposes of ensuring public health and safety, in specific regards to condition of the mobile homes; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. 8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 9. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its 4 opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion,which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. 11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term,covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 13. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipality, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof,and without limiting other remedies available to the Municipality,the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. I ATTACHMENT 'A' Roll #3401-000-003-06900 Legal Description: Concession 5, South Part Lot 22, Municipality of Bayham, County of Elgin Municipal Address: 57268 Calton Line PIN# 4 rrf9CH/, ENT ',t ' 7 CCA/C6PTai9 L 5176. pzi / , i CCPov, L ;,e G+.'e I( c.._ 13'---.1. \ .') TcS:tcr, ,C18 \ �;I( ,r) ' , \ \L \ � -3`� -� 1{ J ` 1 �4 l .� ,,I\ I t., 1 C� mac- �U'--� �` S, , -, I , , ,, vt Ap.,./e, (-/oMel