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Home My WebLink AboutBy-law No. 2017-045 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-045 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 19 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 19 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 18th day of May 2017. /72 MAYOR 'RK CERTIFIED that the above is a true copy of By-law No. 2017-045 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 19 1. PURPOSE The purpose of the official plan amendment is to change the land use designation for 2,013m2 (0.5 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from Local Commercial(C2)Zone to a Village Residential(R1)Zone.The amendment is intended to recognize the existing residential use of the lands and to provide for residential development on the lands at 34 Victoria Street. 2. LOCATION The area affected by this amendment is two rectangular parcels of land located on the north side of Wellington Street, between Victoria Street and Elizabeth Street in the Village of Port Burwell and known municipally as 34 Victoria Street and 49 Wellington Street. 3. BASIS OF THE AMENDMENT The application is deemed to be in accordance with the Provincial Policy Statement 2014 and the Official Plan of the County of Elgin. For a complete analysis of this criteria including why the proposed application is recommended for approval see the memorandum dated April 26, 2017 titled "Edgar Floyd Matthews- Application for Official Plan and Zoning By- law Amendment- 34 Victoria Street and 49 Wellington Street, Port Burwell', by IBI Group. 4. DETAILS OF THE AMENDMENT a) Schedule"D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from"Commercial"to"Residential"those lands outlined and marked as changed to"Residential"on the attached Schedule"D",which shall constitute part of this amendment. b) The lands subject to this Amendment and designated"Residential"may be used,developed and zoned in accordance with the "Residential" designation policies of Section 4.2.2 of the Official Plan, as amended. OFFICIAL PLAN --------------..."---r"..".........-s."---1 OF THE MUNICIPALITY of BAYHAM I re SCHEDULE 'D' � ' PORT BURWELL: LAND USE and CONSTRAINTS / `',( `\ ..• I / C +I J t Lan Use p _] Residential xthl ��r i` r I _] Multi Unit Residential '� a�II ,`� ie�'�' L- ° Harbour Residential I Commercial *''•� ��,..� ��'� � N _ um Commercial f� t— _.. NI Institution f'� I ".-, I 0I l al ��>J r �� / �i� 1,- :(LI, S : Industnal •� '/ /�� >` _.... \� r j / � � Open Space f'' .� ..�• \ I / _ --1 — Conservation Lands I�-\ �l \-, �� (t�.r. � . �,� Specific Policy Areas "7"---- -,..,„~, 0 . ® I� �/ Constraints n : i .. �``_ ly �R, _. //�'' fJF Y/�;` ' ® Hazard Lands ('f`�� \� ( ��% I�;I rl p,,�� 'I/ ��', •� , Sewage Treatment Facilities °l ,•.* Y!' /r, +M Lj ! ; 100 Fl a Existing Petroleum Wells lN. /' \ ,,i,-,-„„,,,,roped Base F aures !T \/^ �� '.1:00:107,4/ , .�; '/jrZ4041 9 — CountyRoads 2 / Local Roads J \ /N. SUBJECT LANDS CHANGED Or 10 FROM"COMMERCIAL"TO ,�, "RESIDENTIAL" SPECIFIC POLMY flyAAREA M0.2 Lake Erie N #.04: : ../ �. 0 120 200 500 �,*. Moires 1. .a. 1.10,000 Schedule'D'forms part of Official Plan 9 of tho Municipality of eayham and must Ming 2017 her odd In conjunction with the written bud. Elgin August 8, 2017 Margaret Underhill, Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville ON NOJ 1Y0 Dear Ms. Underhill: RE: Official Plan Amendment No. 19 File No: BA-OPA19-17 Further to the Notice of Decision given on July 14, 2017 please be advised that no appeals have been lodged with the County of Elgin within the 20 day appeal period and therefore this OPA is approved . A signed declaration is attached for your files. If you have any questions please contact me. Yours truly, ,21/e ‘//4 Steve Evans Manager of Planning enclosure County of Elgin Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature DECLARATION In Accordance with Section 17(38) of the Planning Act Re: Official Plan Amendment No. 19 Municipality of Bayham Applicant: Edgar Floyd Matthews Municipality: Municipality of Bayham County File No.: BA-OPA19-17 I, Steve Evans, Manager of Planning, for the County of Elgin hereby declare, 1. That the Council of the County of Elgin approved Official Plan Amendment No. 19 on July 11, 2017. 2. That notice of the decision was given as required under section 17(35) of the Planning Act on July 14, 2017. 3. That no notice of appeal to the Ontario Municipal Board of the decision to approve Official Plan Amendment No. 19 was filed under section 17(36) of the Planning Act within the time allowed for submitting an appeal. 4. That based on the above information, the decision of the Council of the County of Elgin (Approval Authority) is final and Official Plan Amendment No. 19 is now in full force and effect. Dated in Elgin County, Ontario, this 8th day of August, 2017. ;71/1/1(/ Steve Evans, Manager of Planning County of Elgin THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-045 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 19 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 19 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 18th day of May 2017. MAYOR / ERK CERTIFIED that the above is a true copy of By-law No. 2017-045 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 19 1. PURPOSE The purpose of the official plan amendment is to change the land use designation for 2,013m2 (0.5 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from Local Commercial(C2)Zone to a Village Residential(R1)Zone.The amendment is intended to recognize the existing residential use of the lands and to provide for residential development on the lands at 34 Victoria Street. 2. LOCATION The area affected by this amendment is two rectangular parcels of land located on the north side of Wellington Street, between Victoria Street and Elizabeth Street in the Village of Port Burwell and known municipally as 34 Victoria Street and 49 Wellington Street. 3. BASIS OF THE AMENDMENT The application is deemed to be in accordance with the Provincial Policy Statement 2014 and the Official Plan of the County of Elgin. For a complete analysis of this criteria including why the proposed application is recommended for approval see the memorandum dated April 26, 2017 titled "Edgar Floyd Matthews- Application for Official Plan and Zoning By- law Amendment- 34 Victoria Street and 49 Wellington Street, Port Burwell', by IBI Group. 4. DETAILS OF THE AMENDMENT a) Schedule"0" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from"Commercial"to"Residential"those lands outlined and marked as changed to"Residential"on the attached Schedule"D",which shall constitute part of this amendment. b) The lands subject to this Amendment and designated"Residential"may be used,developed and zoned in accordance with the "Residential" designation policies of Section 4.2.2 of the Official Plan, as amended. OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM `�, SCHEDULE 'D' \\\L ` .11 , I�/ PORT BURWELL: ,l LAND USE and CONSTRAINTS 1 z- /fi.i '4 e�vlka3r h�ia�..�'��, /t�� ,t , , � - , Land Use r * ' / �� t X11 Residential 1—H. ,,,j ;i/ `,//,,{ ® Harbour Reedential/Corttnercial NV,,rte ) - Commercial 1 Marra-um 1 �C�� `— ! �_ �� ® Institutional�� i L�— - / n�... x ® Industrial 'g ��. 1 \`C 4•-•:'----. /y`...� �fw—arv�n«mt ��` /fir �wEhla @Y I -( ® – Open Space •-•..›...„. `�`•w\\ f �i �^.; �%� -I ' r� �� .- Conservation Lands a�?'' ��i; \v �� I'unuYxaa�� , a R •; gm Specific Policy Areas A II ''.---7,, � 5- / Constraints E ` \\_ ,41,1_?';/ / �� 1 Hazard Lands o �ix r r, `Ti�de / i 0 .y iT1 I'0 it, / �• /� Sewage Treatment Facilities & ��+* ��\\\\" \ I ♦� �'��_ �'o ,� a Existing Petroleum Wells ?' i4 '\,I �'w/ % �iys'tl� �,♦ //" Base Features \ i, \ / ' i,", 1 ', ; /J — County Roads `c.„,:::::.,,:::, \\ , ,n.hryy,rs — Local Roads �, ,� %' fie'°' SUBJECT LANDS CHANGED t 1 / y, FROM"COMMERCIAL"TO �V- "RESIDENTIAL" 1YI��J f -�4 SPECIFIC POLMY 3 P j _7/ AREA NO.: 6 p /, Lake Erie / P+' {N f/ � ! w E 0 f+,{ VVs t MI / `40% 0 125 250 500 Afri, 1:10,000 9 Schedule'D'forms part of Official Plan $ of tho Municipality of Bayham and must h May 2017 a,ead In cunJunclion with the mitten teal.