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HomeMy WebLinkAboutApril 06, 2017 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, April 6 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 A02/17 Dujardin - Request to grant relief from Zoning By- Law Z456-2003, Section 5.2- to permit Accessory Living Quarters which will allow the installation of an accessory bunkhouse of 11.5 m (38 feet) by 7.9 m (26 feet) to accommodate a total of nine (9) seasonal farm labourers and to recognize the two existing accessory bunkhouse buildings constructed over 35 years ago of 9 m (30 feet) by 6 m (20 feet) and 6 m (20 feet) by 6 m (20 feet) B. Minor Variance Application A-03/17 Best Line Farms Ltd. — Request to grant relief from Zoning By-Law Z456-2003, Section 5.2 to permit a supplementary farm dwelling of 139 m2 (1,500 ft2) which will allow the existing dwelling to be deemed as a supplementary farm dwelling for the purpose of accommodating seasonal farm labourers 5. STAFF PRESENTATION A. Report DS-14/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Minor Variance —A-02/17 Dujardin B. Report DS-15/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Minor Variance —A-03/17 Best Line Farms Ltd. 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT $AYH�� REPORT ,W�,� DEVELOPMENT SERVICES uj'tunity Ism0 TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: April 6, 2017 REPORT: DS-14/17 FILE NO. C-07 / D12.Dujardin Roll # 34-01-000-001-05100/001-05300 SUBJECT: Committee of Adjustment - Minor Variance—A-02/17 Dujardin BACKGROUND: Luc and Debbie Dujardin have submitted a minor variance application for their 61.6 hectare (152.2 acre) property located in Concession 1 Lots 19 & 20. The property is designated "Agriculture" and "Natural Gas Reservoir" on Schedule "Al" Land Use and partially "Hazard Lands" on Schedule "A2" Constraints in the Official Plan and zoned Agriculture (Al) and LPRCA regulation limit and located on Map No. 14 of the Zoning By-law Z456-2003. The purpose of the variances is to grant relief from Agriculture (Al) Zone, Section 5.2 to permit Accessory Living Quarters to the extent the use is not permitted for a property with 61 ha (150 acres) of land located on the south side of Glen Erie Line, east of Clarke Road known as 56149 Glen Erie Line. The effect will be to allow the installation of an accessory bunkhouse building of 11.5 m (38 feet) by 7.9 m (26 feet) to accommodate a total of nine (9) seasonal farm labourers and to recognize the two existing accessory bunkhouse buildings constructed over 35 years ago of 9 m (30 feet) by 6 m (20 feet) and 6 m (20 feet) by 6 m (20 feet). 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 (CO alarms Staff Report DS-14/17 Dujardin Page 2 (if required), smoke alarms, compliance with the Fire Code) with the Municipality prior to occupancy and inspection by the Elgin St. Thomas Public Health. A draft agreement is attached for Committee comment and will be considered for approval in the April 61h regular Council agenda. Staff and planner concur the application meets the criteria and recommend approval. ATTACHMENTS 1. Application for Minor Variance A-02/17 Dujardin 2. IBI Memorandum dated March 29, 2017 3. Draft Development Agreement (subject to Council approval) RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-14/17 regarding the Dujardin minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.1(1) of the Planning Act and this variance is considered minor; THEREFORE application A-02117 submitted by Luc and Debbie Dujardin, 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 an accessory bunkhouse building of 11.5 m (38 feet) by 7.9 m (26 feet) to accommodate a total of nine (9) seasonal farm labourers and to recognize the two existing accessory bunkhouse buildings constructed over 35 years ago of 9 m (30 feet) by 6 m (20 feet) and 6 m (20 feet) by 6 m (20 feet) 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: Margaret Underhill u ipw Secretary/Treasurer Committee of Adjustment C O/Clerk $Ay File No. A- OAf'Ortunity IsY A P P L I CATI O N F O R MINOR VARIANCE R E C E I V E D MAR Q 8 2017 Planning Act, R.S.O. 1990, O.Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY SAYNAM 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 L qc— D e- I t '�. J QYd I b) Mailing Address I/F 3 0 Cglh-, L f�� p K� I 41,lmel- N5 4'.-I c) Telephone No. Home: ' 6 =z Y Work: (tp yL d) Fax No. !j j S Z `, +/ 2. SOLICITOR/AUTHORIZED AGENT a) Name Lu(,I-Cel /A I✓A b) Mailing Address "6 y G I A R r�2- ✓je-1.7 na, 0 tv /-t- 7 G c) Telephone No. Home: P 9 Y7 yjo'.5' Work: U,5-1 t,3 ° - 5(_1 k d) Fax No. 9 7q-Y D 3 J u C i erg V ar i� eas���i1r.ca Send correspondence to: Owner(s) [� Solicitor/Authorized Agent FOR OFFICE USE ONLY � �✓Yt '� ' 7 G ,i �2 Application No.: / / 7 Date Received: IF Date of Meeting: lC/ File No.: _va _11Fee Received: p��UCj �' 11 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 4. Location of Land a) Lot and Plan or Concession No.: �- D troll � /i- 1YA "I b) Street/911 #& Name: t-t1 5. Nature and extent of relief applied for: / 3 I (re hiE it kVPl�,#t�+l' 0Lr.✓11 C 1 ��y,t , i C/� �r1 :'G/%C/l'S J'C�'�'��/.1 y iC�nC'fi'�Y� -?'"'tr►'�'` �c.��'11i�n NOTE: In the case of a Supplementary farm dwelling, a Develo ment Agreement is required. 6. Why is it not possible to comply with the provisions of the By-law? Vec CLV, 5 cy � e) I vi -el n i r C 4tir 7. Dimensions of the land affected: a) Frontage(m) TV 0 00 b) Depth (m) c) Area(sq.m /ha) 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) Existing 40"" c - / S¢o,-e]or "LI De,-IffZ �r✓ n�� � Tod(rcc � k IIJ �<. �0.c.� �J`�°-'A 5; ��u X5 V/ !�` Ems.-ar�� �•�.1' C j� deli ht,—5, 0 3V'r lA� b) Proposed Z/ ey f 9. Date of acquisition of subject land: 1777� 11/03/2015 Minor Variance 2015 Municipality of Bayham c� �-0.,�� � /•' ip,r � �� 7�, Application for Minor Variance �,�f h 5—`jt lJe — 1 l-° "- Page 3 10. Date of construction of all buildings and structures on subject lands: &-,-eey j�_c,.rc j 0 VD, 11. Existing uses of the subject property: i r'�S 2-0 V Z I lL f0 l ?7 3 C'�yc 12. Length of time and existing uses to the subject property have continued: is-6 V�' 13. Existing uses of abutting properties: a) North t4 ri"�c , e-ilWe�t b) East c) South �,%� Cyr j"C d) West 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System ❑ Private Individual Well Private Communal Well ❑ Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and / Private Communal System ❑ Tile Field System GY Public Sanitary Sewer System ❑ Other(please specify) 15. Present Official Plan designation: �a-t G-z/ k'-c 16. Present Zoning Bylaw classification: 1 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes ❑ No If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes ❑ No Eyct 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION I/We, L,' of the Name of Applicant(s) LAr\I (rl�� I��JGy ��vc,-� in the �.�en.�-�-- (City, Municipality, Town, Township) (County/District/Region) SOLEMNLY DECLARE / 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; AND I make this solemn Declaration 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 r (City, Municipality,T wn,Township ) Signature of Applicant or Authorize Agent in the 6ZC Z2& 07` (County/Dist(ct/Region) ) Signature of Applic ) this_ day of �%�M Signature of Ap icant ) A Commissioner, etc. ) MARGARET UNDERHILL,a Commissioner, etc. Deputy Clerk of the Corporation of the * If authorized agent, a letter of authorization from WniciraiEty Of B-,yhzm. the owner of the property must accompany this application. 11/03/2015 Minor Variance 2015 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME PROPERTY ADDRESS rz Roll#3401 - Lot l Concession Registration Plan No.: Part Lots: Quarter of Municipality Lot N.E. ❑ N.W. ❑ S.W. ❑ S.E. ❑ See Sketch Instructions on the following page. ll El0�� ( ,,0,ouSz a, / I Ij r1•:L1441,14 Illlll�'If�� j 0 r,�� "� RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC 1 � 3 - • Y feet 700 meters 200 i 1,J1 Z, 14 n' ! • Google Earth f eel'km 1 4000 01�� Need: The farm operation needs to house enough seasonal labourers for 200 acres of tobacco and 60 acres of Ginseng. The existing bunkhouses on the property were only large enough to accommodate workers for 130 acres of tobacco and no Ginseng which is what the farming operation was growing prior to 2017. With the increase in the tobacco acreage and the addition to the Ginseng, a new bunkhouse is needed. Existing dwellings: The landowners son and family reside within one dwelling. One of the existing bunkhouses is used by a hired mari,��he other, larger bunkhouse is used by migrant�(s� workers and is close to capacity. It is not normal farm practice to accommodate seasonal labourers within a private residence. Location: The proposed dwelling unit will be located as close to the other migrant worker bunkhouse as possible and was chosen because it is in a spot where hydro and water is easily accessible to service the new bunkhouse. (h ou5 e uP fv C/) Size and type: The size of the dwelling is 91.78 m2, which is the minimum size required by the health unit to house 9 workers and is one story in height. i Services: The subject lands contain a private well that will provide water. A new septic tank and the bed will need to be installed to handle waste. Vehicular access; The supplementary farm dwelling unit residents will use the existing driveway on the property. The seasonal workers do not have vehicles and therefore will not create traffic-related hazards. �1 IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 29, 2017 From Paul Riley, CPT Project No 3404 -653 cc file Subject Dujardin -Application for Minor Variance to Zoning By-law#Z456-2003- Lot 19 Concession 1 Bayham, 56149 Glen Erie Line 1. We have completed our review of Minor Variance application A-02/17, submitted by Luc and Debbie Dujardin for lands located at 56149 Glen Erie Line, east of Clarke Road. The applicant is requesting a variance to Zoning By-law #Z456-2003 to permit an additional supplementary farm dwelling with 91 m2(988 ft)of floor area of to accommodate up to nine (9) seasonal farm labourers and to recognize the two (2) existing supplementary farm dwellings. 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 (All) and LPRCA regulation limit and are located on Map No. 15 of the Zoning By-law. The permitted uses include all forms of agricultural use with a minimum lot area of 20 ha (50 acres). 2. The subject lands have a lot area of 61 ha (150 acres), lot frontage of 840 m (2,755 ft) and lot depth of 500 m (1,640 ft). There are two existing bunkhouses for farm labour on the property. The first bunkhouse was added to the property prior to 1979 and has an area of 37 m2(400 ft'). The second bunkhouse was added in 1980 and has an area of 55 m2 (600 ft2). The property also includes an existing farm dwelling,two pack barns, two greenhouses, five grain bins and 26 tobacco kilns. The surrounding land uses are agriculture except for a rural commercial and residential uses in the northwest corner. 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) additional bunkhouse dwelling and to recognize the two (2) existing bunkhouse dwellings on the property. 5. 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 additional farm help for labour for a recent expansion of the farm operation from 130 acres of tobacco to 200 acres of tobacco and 60 acres of ginseng. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—March 30,2017 b) Existing Dwellings: Is there justification for permitting the proposed new dwelling, where existing on-site accommodations may exist. The applicant has indicated that the existing on-site accommodations are insufficient to meet the needs of the farm operation due to the expansion of the farm operations as described above. 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 in close proximity to Glen Erie Line. The proposed bunkhouse location is on the southerly edge of the farm cluster with access from the secondary driveway. This area is suitably buffered from the existing primary dwelling and nearest off site dwellings to the northwest by the barns and tobacco kilns. It is our opinion that the most suitable location on the subject lands for supplementary farm dwelling is in proximity to the existing services and farm building 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 Chief Building Official as well as the appropriate Health Unit should be satisfied that the bunkhouse can meet public health and safety requirements for accommodation of 9 seasonal workers. 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 an additional septic system will be required to meet the needs of the additional waste generated. The Municipality must be assured that adequate water and septic services are provided to provincial standards. 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 driveways. The applicant does not anticipate the seasonal labourers having their own vehicles, so no significant increase in traffic is anticipated, mitigating any potential traffic-related hazards. 6. 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? To date we are not aware of any adverse impacts. The location the applicant is proposing seems appropriate, therefore it is a desirable use the land. 1131 Group Professional Services(Canada)Inc.is a member of the 1131 Group of companies IBI GROUP MEMORANDUM 3 Municipality of Bayham—March 30,2017 • 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 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. 7. 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. 8. Based on our review we would have no objection to the requested minor variance to permit a supplementary farm dwelling in the form of a bunkhouse with a maximum floor area of 91 m2(988 ft2)for a maximum of 9 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 bunkhouse 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 bunkhouse. IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham 1131 Group Professional Services(Canada)Inc.is a member of the IBI Group of companies Development Agreement— Dujardin 1 DEVELOPMENT AGREEMENT BETWEEN LUC AND DEBBIE DUJARDIN AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 56149 Glen Erie Line, Concession 1 North Part Lots 19 & 20 Municipality of Bayham, County of Elgin Development Agreement— Dujardin 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 6th day of April 2017. BETWEEN: LUC AND DEBBIE DUJARDIN 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 North Part Lots 19&20, Concession 1, 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 (bunkhouse) 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 bunkhouse 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) bunkhouse to house up to nine (9) 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 bunkhouse 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 tobacco, ginseng 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; Development Agreement— Dujardin 3 3. The Owner shall not permit the bunkhouse, deemed as a supplementary farm dwelling on the Lands, to be occupied by any persons between the period of December 1st and March 31 st 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 bunkhouse, 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) in compliance with the Fire Code and 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 bunkhouses; 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 Development Agreement— Dujardin 4 Council of the Municipality of Bayham, which after hearing the Owner, shall express its 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. Development Agreement— Dujardin 5 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Luc Dujardin, Owner Witness (signature) Debbie Dujardin, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, MAYOR Paul Shipway, CAO/CLERK Development Agreement— Dujardin 1 ATTACHMENT `A' Roll # 3401-000-001-06100 and #3401-000-001-05300 Legal Description: Concession 1, North Part Lots 19 & 20, Municipality of Bayham, County of Elgin Municipal Address: 56149 Glen Erie Line PIN # Development Agreement— Dujardin 2 ATTACHMENT `B' Conceptual Site Plan ff i ©� to /.-��� ntchouS2. .9, t � Y s �y V G (� �' L \� v i REPORT o� o��� DEVELOPMENT SERVICES portunity I9�C TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: April 6, 2017 REPORT: DS-15/17 FILE NO. C-07 / D12.BestLine Roll # 34-01-000-005-12501 SUBJECT: Committee of Adjustment - Minor Variance—A-03/17 Best Line Farms Ltd. BACKGROUND: Best Line Farms Ltd. has submitted a minor variance application for their 30.35 hectare (75 acre) property located in Concession 10 South Part Lots 7 & 8. The property is designated "Agriculture" on Schedule "A1" Land Use and partially "Hazard Lands" on Schedule "A2" Constraints in the Official Plan and zoned Agriculture (Al) and LPRCA regulation limit and located on Map No. 1 of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from Agriculture (Al) Zone, Section 5.2 to permit a supplementary farm dwelling of 139 mZ (1,500 ft2) to the extent the use is not permitted for a property with 30 ha (75 acres) of land property located on the north side of Best Line, east of Culloden Road known as 54526 Best Line. The effect will be to allow the existing dwelling to be deemed as a supplementary farm dwelling for the purpose of accommodating seasonal farm labourers according to the Official Plan and Zoning By-law policies. 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 confirmation by a licensed installer that the septic system is in working order and capable of accommodating the supplementary farm dwelling, confirmation of potable water supply, Staff Report DS-15/17 Best Line Farms Page 2 requirement to arrange for a fire safety inspection (CO alarms (if required), smoke alarms, compliance with the Fire Code) with the Municipality prior to occupancy and inspection by the Elgin St. Thomas Public Health. A draft agreement is attached for Committee comment and will be considered for approval in the April 6th regular Council agenda. Staff and planner concur the application meets the criteria and recommend approval. ATTACHMENTS 1. Application for Minor Variance A-03/17 Best Line Farms Ltd. 2. IBI Memorandum dated March 30, 2017 3. Draft Development Agreement (subject to Council approval) RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-15/17 regarding the Best Line Farms Ltd. minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.1(1) of the Planning Act and this variance is considered minor; THEREFORE application A-03/17 submitted by Best Line Farms Ltd., 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 existing dwelling of 139.3 m2 (1500 sq. ft.) to be deemed as a supplementary farm dwelling for the purpose of accommodating seasonal farm labourers 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: Margaret Underhill ay Secretary/Treasurer Committee of Adjustment CAO Clerk File No. A ----- �� �j'Aol.funity Ts�n��� APPLICATION FOR �' E I V E MINOR VARIANCE MAR 15 2017 Planning Act, R.S.O. 1990, O.Reg 200/96 as amended 41UNICIPALITYWHAM The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160, STRAFFORDVILLE, ON NOJ 1 YO 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) ff a) Name b) Mailing Address I C i I a�'YI e ,- c) Telephone No. Home: _51 Work: . d) Email Address Fax No. 52 qn g 6 6 _ S 2 -7 3 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 Application No.:_D (_ File No: 0'3 / Date/Time of Meeting:, Date Received:lWo f J(, Fee Received: e?C)U U `" Paid By: 13e"s/L;n t /—a rrn S L Deemed Receipt#: Committee Decision: Complete: (� � 14/03/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 11 4. Location of Land a) Lot and Plan or Concession No.: Zd Co L b) Street/911 # & Name: S Ll + ^ Q c) Roll #34-01-000 .o 0 �,S - j ,2�v ) —,C m O 0 5. Nature and extent of relief applied for: O -P X/T� T,�a"►�i C!icJ'�'��i� � �JCr/�� ,rl � / ��� NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. 6. Why is it not possible to comply with the provisions of the By-law?` 7. Dimensions of the entire subject land affected: a) Frontage (m) 2) a g. b) Depth (m) c) Area (sq.m/ha) �] G iy_ g 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) Existing I y / ' J js 1 le Old G�( lJ ,�p r.4��ba ✓1 / 02 / b) Proposed Ive Ui r.n c.e?'r P eS J e.i c e D St 0 14/03/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: ✓t Z o o 10. Date of construction of all buildings and structures on subject lands: 11. Existing uses of the subject property: 4 rL cL4 6' 12. Length of time and existing uses to the subject property have continued: jd 0 TTf ? 13. Existing uses of abutting properties: j a) North cl r L U b) East c u /"k c) South C 4 d) West a/- !e-, -r- .,, e Q r: 14. Services available (check appropriate space(s)) a) Method of Water Supply (if applicable) Public Water Supply System ❑ Private Individual Well liZ/ Private Communal Well ❑ Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System ❑ Tile Field System Er/' Public Sanitary Sewer System ❑ Other (please specify) 15. Present Official Plan designation: 2ar)LI 16. Present Zoning Bylaw classification: aI L 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes ❑ No ©� If Yes, describe briefly: 18. Is the property the subject of a current application of consent/severance? Yes ❑ No IIK— 14/03/2017 Minor Variance 2016 STATUTORY DECLARATION nn F.TPr' I/We, 1� '� C� �� �� �� /',MS of the Name of Applicant(s) jc, -( in the i (City, Munici ality, To n, Towns ip) (Count District/Regi ) SOLEMNLY DECLARE / 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; AND I make this solemn Declaration 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 Acf'. DECLARED before me at the eei/ CGS (City, Municipality,T n, Township) ) Signature of Applicant or Authorized Agent in the �� "gyp.. ) _/ (County/15istrict/Regio ) _ -Signature o pp scan -I-� � -FOP }" t / this ay of 1W , 20a ) �ury VO0 ` Ptrt wed Signature of Applicant A C mmissioner, etc. ) MARGARET UNDERHILL,a Commisslonoro ®tee * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Dlra`cipa:ity of Bnyhpm. application. 14/03/2017 Minor Variance 2016 L.-\ e- C 'f ► I � '� rr �' Ua 'ctnce -t d 6LOO_u� CE J�d 12 wl C dl t a r sv► r 64✓Z (lI s ' J `AA [ _ j J ea Gt� �-t Lt `Q f►S i S tX v v�C�(( t ¢z�7 <S 2 G` / ) / c4" �� t f7 �i cc #� i,.� � 0 C, �;r of v �t� ✓t e �, ieo,l w -f, 'd sr lvo et U � t` ka se -ro ; kd pay o-sc rk f s ),v L II,K J t3 GL e 6t 't'a -Al e taeJ a-A&/ pv e, w(--i . '�Y`I d�. nn .� 4 6� ! h -�CctLt ✓`f� rr,f 0 /k,-V sa .--T� REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME t p -�— � e ha PROPERTY ADDRESS ` �� � -�- L" ' e Roll#3401 - p ( p Lot S Pt g Concession qL) Registration Plan No.: Part Lots: Quarter of Municipality Lot N.E. ❑ N.W. ❑ S.W. ❑ S.E. ❑ See Sketch Instructions on the following page. l_ey map fieal-e Sk'e 6111 ctck?e e" CS C'°Dy � I uf. •t'' IDtc<�, ter �-- P�� ,�/�� CtL / e "7 Inn I s _ e s j y RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC f _ _71T L �? {� n W 0 *�" } I� �p �t z W �.: } � r iq € a 9 } , 5 44 ki Yll- r 4 4--J L � ; r LLJ z + S 1 $ y > T i' r � IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 30, 2017 From Paul Riley, CPT Project No 3404 -652 cc file Subject Best Line Farms-Application for Minor Variance to Zoning By-law #Z456-2003 - S Part Lot 7 &8 Concession 10, 54526 Best Line 1. We have completed our review of Minor Variance application A-03/17, submitted by Best Line Farms Ltd. for lands located at 54526 Best Line, east of Culloden Road and the Hamlet of Corinth. The applicant is requesting a variance to Zoning By-law#Z456-2003 to permit a supplementary farm dwelling of 139 mZ(1,500 ft2)to accommodate seasonal farm labourers in the existing dwelling in advance of the construction of a new primary farm dwelling on the property. A variance is required because a supplementary farm dwelling is not a listed permitted use in the zone. The subject lands are designated Agriculture 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) and LPRCA regulation limit and are located on Schedule A, Map No. 1 of the Zoning By-law. The permitted uses include all forms of agricultural use with a minimum lot area of 20 ha (50 acres). 2. The subject lands have a lot area of 30 ha (75 acres), lot frontage of 308 m (1010 ft) and lot depth of 1000 m (3280 ft). The applicant farm operation grows 607 ha (1500 acres) of corn and soy beans and 30 ha (73 acres) of asparagus, employing approximately 35-40 seasonal workers to assist in the asparagus harvest. There are no existing supplementary farm dwellings that are part of the farm operation. The property includes the existing farm dwelling, a pack barn, and an old storage barn. Surrounding uses are agriculture to the north, east and south, a cemetery to the south, rural residential to the south and open space to the west. 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) supplementary farm dwelling 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. 1131 Group Professional Services(Canada)Inc.is a member of the 1131 Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—March 30,2017 The applicant requires farm help for labour during harvest season for 30 ha (73 acres) of asparagus crop, employing approximately 35-40 workers during the growing season. b) Existing Dwellings: Is there justification for permitting the proposed new dwelling, where existing on-site accommodations may exist. The proposal is to permit the existing dwelling to provide accommodation for farm help. The applicant intends to build a new main farm dwelling on the property in the near future and would like to keep the residence on the property. 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. Based on recent aerial photography, the existing farm building cluster is suitably removed from the nearest off-site dwellings as it is located approximately 250 m (820 ft) north of Best Line and the neighbouring residential is to the south of Best Line. There is vehicular access from the existing driveway and existing water and septic services to accommodate the dwelling. d) Size and Tom: 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 supplementary farm dwelling has a floor area of 139 m2 (1,500 ft2) which is below the maximum floor area as set out in the Official Plan of 167m2 (1,797 ft2). e) Services: The proponent must illustrate adequate water and sewage treatment and disposal services for the proposed dwelling. Preference will be given to dwellings which can make use of existing services. The applicant indicates that an existing well and septic system will service the dwelling. f) Vehicular Access: The proponent should illustrate how the proposed dwelling will not contribute to any traffic-related hazards. Preference will be given to the use of existing driveways. The proposed dwelling will use the existing driveway and according to the most recent street photography Best Line is flat and straight with adequate sight lines at the entrance location. 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? The continued use of the existing dwelling for farm help is desirable for the lands in order to make use of the existing building and services and to provide accommodation for farm help. t IBI Group Professional Services(Canada)Inc.is a member of the 1131 Group of companies IBI GROUP MEMORANDUM 3 Municipality of Bayham—March 30,2017 • 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 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; the property meets the regulations as set out in the Zoning By-law; 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 the existing building with a maximum floor area of 137 m2 (1,500 ft2) for 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 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. IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham 1131 Group Professional Services(Canada)Inc.is a member of the IBI Group of companies Development Agreement— Best Line Farms Ltd. 1 DEVELOPMENT AGREEMENT BETWEEN BEST LINE FARMS LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 54526 Best Line, Concession 10 South Part Lots 7 & 8 Municipality of Bayham, County of Elgin Development Agreement— Best Line Farms Ltd. 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 6th day of April 2017. BETWEEN: BEST LINE FARMS LTD. 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 Lots 7 & 8, Concession 10, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to deem an existing dwelling as a supplementary farm dwelling (bunkhouse) 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 bunkhouse 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) existing dwelling (1500 sq. ft.) is deemed to be a bunkhouse to house seasonal farm labourers(occupancy up to the maximum allowable as determined by the Elgin St. Thomas Public Health) and is located on the Lands in general accordance with the area identified on the attached Plan. 2. The Owner shall remove the bunkhouse 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; Development Agreement— Best Line Farms Ltd. 3 3. The Owner shall not permit the bunkhouse, deemed as a supplementary farm dwelling on the Lands, to be occupied by any persons between the period of December 1 st 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 provide to the Municipality written confirmation from a licensed septic installer that the existing septic system is suitable and in satisfactory operating condition; if the system is deemed unsatisfactory, the owner agrees to apply to the Municipality to install a new septic system; 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) in compliance with the Fire Code and 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 bunkhouses; 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. Development Agreement— Best Line Farms Ltd. 4 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 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. Development Agreement— Best Line Farms Ltd. 5 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Gary VanLeeuwen, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, MAYOR Paul Shipway, CAO/CLERK Development Agreement— Best Line Farms Ltd. 1 ATTACHMENT `A' Roll #3401-000-005-12501 Legal Description: Concession 10, South Part Lots 7 & 8, Municipality of Bayham, County of Elgin Municipal Address: 54526 Best Line PIN # Development Agreement— Best Line Farms Ltd. 2 ATTACHMENT `B' Conceptual Site Plan QC CL^ C_ '1 S R 3r 4 es4 CIO ` . 0 g on e � I-A