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HomeMy WebLinkAboutOctober 05, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 5, 2017 7:00 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. — Derek Richmond, Canadian Union of Postal Workers re expanding postal services 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held September 21, 2017 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Official Plan and Zoning By-Law Amendment (A. Boeder, 14 Snow Street Vienna) 2017 Council Agenda October 5, 2017 B. Notice of Public Meeting re Proposed Zoning By-Law Amendment (Tim and Brenda Martin, 55720 Chute Line C. Notice of Public Meeting re Proposed Zoning By-Law Amendment (Henry Reimer) D. Notice of Public Meeting re Proposed Zoning By-Law Amendment (Randy Gagnon, Calvin Gagnon and Irene Paula Gagnon) 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-57/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E67/17 Hildebrandt B. Report DS-59/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement— Guenther, P & A, 56967 Eden Line 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of The Blue Mountains resolution re tax-exempt portion of remuneration paid to local officials B. Municipality of Chatham-Kent correspondence to The Honourable Kathleen Wynne re Barriers on Highway 401 C. Media Advisory re Vienna Memorial Park Capital Upgrades 11.1.2 Requiring Action A. Long Point Region Conservation Authority re National Disaster Mitigation Program B. Long Point Region Conservation Authority re Municipal Appointment to Long Point Region Conservation Authority 11.2 Reports to Council A. Report CAO-63/17 by Paul Shipway CAO/Clerk re Municipal Green House Gas Challenge Fund B. Report CAO-67/17 by Paul Shipway, CAO/Clerk re Great Lakes Guardian Community Fund C. Report CAO-68/17 by Paul Shipway, CAO/Clerk re 2018 Council Schedule 2017 Council Agenda October 5, 2017 12. BY-LAWS A. By-Law No. 2017-078 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Centre Street North Municipal Drain (This by-law follows the recommendation made in Report DS-51/17 by Bill Knifton, Chief Building Official/Drainage Superintendent during the Court of Revision of September 7, 2017) (Third and Final Reading) B. By-Law No. 2017-101 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Ramona Peidl for the provision of public space receptacles and East Beach washroom maintenance (This by-law follows the recommendation made in Report CA0-66/17 by Paul Shipway, CAO/Clerk during the regular meeting of September 21, 2017) C. By-Law No. 2017-102 Being a By-law to authorize the execution of a Site Plan Agreement between Peter and Anna Guenther and The Corporation of the Municipality of Bayham (This by-law follows the recommendation made in Report DS-59/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of October 5, 2017) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017- 103 Being a By-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 21, 2017 7:00 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Long Point Region Conservation Authority re National Disaster Mitigation Program added as Item 11.1.2-A 4. ANNOUNCEMENTS A. Councillor Casier, Mayor Ens and Councillor Ketchabaw attended the Straffordville Hall Foundation Rib Dinner Fundraising Event on September 9, 2017 noting the success of the event. The Straffordville Hall Foundation also made an additional donation of$8,000 to be used toward Straffordville Community Centre Capital Projects. B. Councillor Ketchabaw announced two Elgin County businesses were winners at the SCOR Local Food Recognition Day on September 8, 2017 —"Our Sugarbush" owned by Chris and Wendy Davidson of Bayham and Destination Church of St. Thomas. C. Mayor Ens commented on the success of the 2017 Doors Open East Elgin on September 16, 2017 and thanked Municipal Employee Leann Walsh for organizing the event for Bayham 5. DELEGATIONS 2017 Council Minutes September 21, 2017 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held September 7, 2017 B. Court of Revision Centre Street Drain - North held September 7, 2017 Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the minutes of the Regular Meeting held September 7, 2017 and the Court of Revision held September 7, 2017 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Committee of Adjustment Decision A-08/17 Tom & Ruth Oliver Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 2017 Council Minutes September 21, 2017 10.2 Reports to Council A. Report DS-49/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent Application E63/17 0830513 B.C. Ltd./Tupper Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Staff Report DS-49/17 regarding the Consent Application E63/17 submitted by 0830513 B.C. Ltd. be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E63/17 be granted subject to the following conditions: 1. Rezoning of the severed lands to a Rural Residential (RR) Zone prohibiting the keeping of livestock in accordance with MDS and the retained lands to a Special Agricultural (A2) Zone to prohibit new dwellings 2. Planning report fee payable to the municipality 3. Copy of the final survey (paper and digital) provided to the municipality 4. That the retained lands be merged with the title of the abutting land to the east owned by 0830513 B. C. Ltd. and be subject to Subsection 3 of Section 50 Subdivision of the Planning Act to prohibit future conveyance of these lands CARRIED B. Report DS-55/17 by Margaret Underhill, Deputy Clerkplanning Coordinator re Site Plan Agreement Request for Extension— Stadey's Auto Sales Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report DS-55/17 regarding the Stadey's Auto Sales site plan agreement extension be received; AND THAT Council agrees to extend the site plan agreement approved on October 20, 2016 by By-law 2016-088 due to expire on October 20, 2017 for an additional time period ending December 30, 2017. CARRIED C. Report DS-56/17 by Margaret Underhill, Deputy Clerkplanning Coordinator re Rezoning to Remove the Holding Provision 1 Hamlet of Richmond Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Staff Report DS-56/17 regarding Rezoning for the Removal of a Holding Symbol in the hamlet of Richmond be received; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands within the hamlet boundary of Richmond as shown on Schedule E by removing the holding symbol (-h1); 2017 Council Minutes September 21, 2017 AND THAT Zoning By-law Z663-2017 be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Halton Hills resolution re zero tolerance for racism B. Long Point Region Conservation Authority Board of Directors Minutes of meeting held August 2, 2017 Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT correspondence items 11.1.1-A— 11.1.1-B be received for information. CARRIED 11.1.2 Requiring Action A. Long Point Region Conservation Authority re National Disaster Mitigation Program Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Long Point Region Conservation Authority correspondence re National Disaster Mitigation Program be deferred to the October 5, 2017 regular meeting of Council. CARRIED 11.2 Reports to Council A. Report CAO-65/17 by Paul Shipway, CAOICIerk re By-Law No. 2014-120— Building By- Law Moved by: Councillor Breyer Seconded by: Councillor Casier THAT Report CAO-65/17 re By-law No. 2014-120 — Building By-law be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to amend By-law No. 2014-120, the Building By-law for Council consideration. CARRIED 2017 Council Minutes September 21, 2017 B. Report CAO-66/17 by Paul Shipway, CAOICIerk re RFP 17-03 Public Space Receptacles & East Beach Washroom Maintenance Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-66/17 re RFP 17-03 Public Space Receptacles & East Beach Washroom Maintenance be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a By-law to enter into an Agreement with Ramona Peidl for the provision of Public Space Receptacles & East Beach Washroom Maintenance for Council consideration. CARRIED 12. BY-LAWS A. By-Law No. Z663-2017 Being a By-law to further amend By-Law Z456, 2003 (This by- law follows the recommendation made in Report DS-56/17 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of September 21, 2017) B. By-Law No. 2017-098 Being a By-law to amend By-Law 2014-120, a By-law to regulate building construction, demolition, change of use permits, septic systems, sewer connection permits and inspection (This by-law follows the recommendation made in Report CAO- 65/17 by Paul Shipway, CAO1Clerk during the regular meeting of September 21, 2017) C. By-Law No. 2017-099 Being a By-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and The Corporation of the Municipality of Central Elgin (This by-law follows the recommendation made in Report CA0-62/17 by Paul Shipway, CAOICIerk during the regular meeting of September 7, 2017) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT By-Laws Z663-2017, 2017-098 and 2017-099 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS A. Council Education Session Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the Council of the Corporation of the Municipality of Bayham call a closed Council Education Session on Wednesday, September 27, 2017 at 5:00 p.m. to be held throughout the roads and facilities of the Municipality of Bayham for the general purpose of a Road and Facility Tour so that Council may be informed on the state of municipal infrastructure prior to the 2018-2027 Capital Budget deliberations. CARRIED 2017 Council Minutes September 21, 2017 14. OTHER BUSINESS A. Councillor Breyer discussed the need for a procedure to be used for events which require additional parking at the Straffordville Community Centre. A procedure is now in place. 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2017-100 Being a By-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT confirming By-Law 2017-100 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the Council meeting be adjourned at 7:38 p.m. CARRIED MAYOR CLERK INA}( NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED 11 �''� OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT owit.„ qty IN THE MUNICIPALITY OF BAYHAM tunity Is APPLICANT: A. BOEDER, 14 SNOW STREET, VIENNA TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan and a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 19, 2017 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law and Official Plan amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the land use designation on 1,738 m2 (0.4 acres) of land from "Institutional" to "Residential" in the Official Plan of the Municipality of Bayham; and to change the zoning on the same lands from Institutional (I) Zone to Village Residential (R1) Zone in Zoning By-law Z456-2003. The subject lands are located on the east side of Snow Street, south side of Fulton Street known as 14 Snow Street in the Village of Vienna. THE EFFECT of this By-law will be to allow residential use on the lands in the former Edison Museum building. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed Official Plan or Zoning By-law amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 29th day of September 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill __ Deputy Clerk/Planning Coordinator _1,--1-- !`� "` '1 Municipality of Bayham �!_- P.O. Box 160, 56169 Heritage Line �— 4 (`���� ! �' Straffordville, ON, NOJ 1Y0 i —""� l , 1 T: 519.866-5521 Ext 222 , ' _�� F: 519 866-3884 1 --` \ `-j3 11-- ---At::-- Et 1 E: mwnderhiII(a>,bavham.on.ca � �--'`y W: www.bav�ham.on.ca FUL- 110-- B E� } VV1--- / ii' `-\ SUEtJECT LANDS ___, ,L,_ \ _ \,___ ,,, *.,/ 4 -\---( \ 7/‘ /;;---- Village of Vienna iii 1 ac NI g F:_iV.........�,ias�t°z.....• N LIME ^a .l iiiil ga,69.ii i.,.. 71, J IO © l fi;ii:..- .6 :€ii 153364 ORINTH II0W ;I< FO `:tII �� =EST LINE `6; .C it di XA--""11 10 f i 55025 <CI5 IC 0 Ifv> / li i' Z SCAR-.• :.. . Q NUNE �':):, - 6'.11iil Q QI 562>S,�`Y'\:'i €e" • ip¢ ^v t, Q;ii;ii ifiii:5s367 v u' tt , �...20 OEi ii o II! EDENEi Lu.1cE••,1,�,n cr;:€$ _®ORTH LINE ¢ '55041 = °....„,,,,•,0l � "F • J Ilii i.`<<. . HALL 1i 11 v 57024 U +':• J'ff?ii€f o SI•I4-y i! EDE ili?:, 1:: -52637 „ ;. , NE S>9> iiiA rt r:.1!.RMOFly RIDC+E W f;:a; _ OTTERGATE LINEE ) -\ 0 r.,-;t ESU. z :: :f BALDWIN LIN • ET il' , 85 €€l LINE AP • LE GROVE e111:1 UNE m I (tile 1E .9OD o I /N / :° R� qI70W ENcE €SaG4LINE pEYICNMON• t.A ♦11111111 4, ell ii; kF O Ni--A-1: ell�: 563° 90 J' 4 UN 1 J D0 58338 =' z� N In Q m • cn ;1l,} O ¢ �I 4 7 0 � €:�, 5612' m c >' 11:1 D 620 i*' - /, J II u iiiii`w — It en W -i 111 • �STRAFFj1 'DVII LE oEir '`1 D M 2 re J Z ¢ ERS LINE Mir ?ii€i Z ¢ gCKso a 0 i?? t • 52398r. ES N ix S4p.> ON t9 ¢ �� 52647 II `m f Tiff 111 UNE ,� �� '�`• I • ;� 1 i'•': 506II IT e� D€€ /5S25 ¢ s>6t t.-:E Im OE a" 0 CA, 0 •i W� 6^ / •.n e :ALTON 5- ON ., ¢ilQ l a?lois 526 1 Q 1 m a o ,4. • U° :1 Z`ft `353481 Z Q Z E a !sf` • Of ; Z Q 7 O fid U III i W 0 O (0. s75-40 V s ii ri ill II ` J ® ct;;t ..,, N n ....„ :i 1,o McQ11/6'r W ► „„..: N 53348 fi.m L/ A l Q S63 N@ N a u.'� g5 52521 o U m .1 .411_, r !�2j'/FiyNg vN MSN r, UGC u CrE m _T f 40 ,,1.1E L4yF ' iii O O i' �LAKEVIEW o D o "VIENNA 5'629:`:-9 n O d' ¢ tf 52661 ° S 3g9'YVZ .SCo�5g36p 03 38 2 4 JAI O ¢ A L/N m p NFL 1-/NE. N l I1 ilt Q '`Rc co, 0: Opt Z Q X D 57 ". (:��' ,1 \J 2 829 <; U �- ,km z D 6 .LE-N O ,,,` N 1, 097 D FR/EL/ p O 1131 . NE l9 'll PARKINCIAL. �1,m I` 5'628 P•RT BURWELT 4"eeS"O/?e '' \ 11,1s 11 9 { vipNYHA NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED LIN174 ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM Oppor YO41111111111w '�F tunny Is APPLICANT: TIM AND BRENDA MARTIN 55720 CHUTE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 19th, 2017 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on 2.5 ha (6.2 acres) of land in the Open Space Site-Specific (0S2-4) Zone, located within a 10 ha (25 acre) parcel of land in the Open Space (OS2-4 and OS2) and Holding Village Residential (R1(h2)) Zone, to an Open Space Site-Specific (0S2-XX) Zone in Zoning By-law Z456-2003. The subject lands are located on the north side of Chute Line, east of Plank Road known as 55720 Chute Line. THE EFFECT of this By-law will be to allow for the erection of an over-sized accessory building, with an increased maximum floor area and height, within a required yard for a residential use, primarily for the storage of recreational vehicles and property maintenance equipment. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 29th day of September 2017. KEY MAP Margaret Underhill MUNICIPALITY OF BAYHAM Deputy Clerk/Planning Coordinator Municipality of Bayham t ` 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 { F: 519-866-3884 ! E: munderhill()bayham.on.ca W: www.bavham.on.ca 1 -- —r---- J� / rJ ��� Qyi+� SUBJECT LANDS / \ • • 1 ;iI LI ill ,ii 11 qii _ -_ iii iip ill ;< REENLINE \'' 1i ^ �;;i� ; tr,:o k::,c)w 53469ill 5336e ORINTH w :'4 iS: il lit '' � —= =EST LINE 0PQ ,66 /r �CARSO !Z � LINE � i` ; l ❑ :58275,, � :vt qP �,,� 5/ ' Cc"i'5339? '�J -,O .'i l` ; INNYHAN NOTICE OF A PUBLIC MEETING �,,� CONCERNING A PROPOSED 4�S ''� ZONING BY-LAW AMENDMENT 4 , IN THE MUNICIPALITY OF BAYHAM ll Opportunity IS800 a APPLICANT: HENRY REIMER TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 19, 2017 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on a 0.7 ha (1.8 acres) parcel and on a 3.8 ha (9.4 acres) parcel in the Agricultural Site-specific (A1-3) Zone to an Agricultural (A1) Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Best Line, east of Talbot Line known as 55653 & 55663 Best Line. THE EFFECT of this By-law will be to remove previous site-specific regulations for commercial greenhouse use which has ceased on the lands and to allow for the parcels to have the full range of permitted uses in the Agricultural (A1) zone. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 29th day of September 2017. KEY MAP Margaret Underhill MUNICIPALITY OF BAYHAM Deputy Clerk/Planning Coordinator _ /4 Municipality of Bayham 2 56169 Heritage Line Straffordville, ON, NOJ 1Y0 11 !.<)'!,12 T..ar 13 ---- /7: T: 519-866-5521 Ext 222 10.1015—�A� "'' 16ll(aiF: 519-866-3884 o<" E: munderhibayham.on.ca W: www.bavham.on.ca Ares t ,------ .Z t's...---- .„ L.: / SUBJECT LANDS /I;ttl 12 1.0T 13 N� \ll,p'I,1, L,ti'16 • I J V• �UU1 iii'i, i' _ _ d /a 7 • /✓" `' FEEN LINE a (yiiiii'1`i.1,iI iii 10 .43 • o i0 <: "y`:.y-'53°'69 i€ s, a a .J qtr © t ' _t::'S336c ORINTH N w `q.Y?. - . =EST LINE b O il � �,Y fid• •C ii,.. - 2: 55.25.11 ^ ¢ '•C'!. CD / Z 411, ��CARS•NLINE °<',, / /r J :o� ' .'Ps'- f -6 ii ill Fi€ill! JFORTH SS04 EDEN LINE = p O I HALLTig ': J 57024 ",5� - ::;;:I - SHAD EDEN ; a i;3 Y 52637 'NE .r-------,----,11b,,g' ,i w :-"RMCtry Ft1DGE 5 . '� ill Z ?:='ES LI `� OTTERGATE LINE BALpWI N LINE N AP LE I is LINE rn LE GROVEI a aEV UNE INCE €• / m c,'3 '.i:1:'.'1: y OSE Z 0 .ii`. 1 G� eq�G LINE O ~O\\EY LINE z ` V\NE 07> €iii '1CHMON• SPP\ \�E S� N 'LAu • ill ci 'ili'I •P i OQ •RIE3t Vii . X330 090 �'� - UNE- 0 o g633 `!i _• c'''‘ '' a O 5612'llr� m�\c,,,:,-, N0 38 Q 96 i W`—,, Ir \l, O rn c£`i E m .:. h 1 62 t:.._ C J II i� V F '4C � wI : J viii Wo ! 111141. m= 6 gTRAFF0 0 'DVII LE o U ¢ JqC Z oQ HERS LINE iii ilir o O 54>0>SON NI-INE- c¢7 0 f 111111 52398 iii MES_ V) r€i.1. 52647 MAL:N `cc I�) � TA`� i °C'gLTO o • N ¢ o 52651 = m N D Y '0 Lllye ,=, O Z07 .I53481 Z.tt fi Z Q cc Z w o 5>540 O>i : ZIO ¢ O f it I. w [ N J Uri iii II O O J. a:: �€ ii Y m Cr O m I; 1111� 53348 5 L1/yFGAIy' 0 d� 5839$ e'E 52521c., Ri iii c,-,CchilL7. co F; U •'5558/ m s V/F M\\ E F sal» NNq L/ \N cNU- /../G,_„... i ei NE to ._r L1NE LIVE s ( O o i oLAKEVIEW t 3 0 0 6IENNA s s>629 I. lust 0 x ¢' • 52661 is 56 1� • s ''34 g0 5 Z 438 i'N zi Z''SCO 4360 3 O (9i cc- . O o TIA `1N O NNeC 4dl t!: i-- O r.oqp 1,g,zo Iff cc W o N£ W N ,..„v,..---\z <O ,a Q 51629 cc ': U 13:ait ,ii- 1111 ~ o o -6p9/•LENFi - oIII PROVINCIAAh....01 �bi• .4 • cc O C/NE 00 578 ii• 117 PARK ¢ za PART BURWELL ~ `"Ees"ORF 2g l,AYH,4 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED *Air�' ZONING BY-LAW AMENDMENT 0-441A 9 IN THE MUNICIPALITY OF BAYHAM { 41-"unity Is i APPLICANT: RANDY GAGNON, CALVIN GAGNON AND IRENE PAULA GAGNON TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 19, 2017 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on 700 m2 (7,500 ft') of land in the Agricultural (A1-A) Zone to an Agricultural (A1) Zone and on 8.7 ha (21 acre) of land from Agricultural (A1) Zone to an Agricultural (Al-A) Zone in Zoning By-law Z456-2003. The subject lands are located on the north side of Carson Line, east of Talbot Line known as 57214 Carson Line. THE EFFECT of this By-law will be to fulfil the conditions of severance by consolidation of the agricultural zoning on the two parcels, subsequent to lot boundary adjustment approval by the Elgin County Land Division Committee, file E40/17. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 29th day of September 2017. KEY MAP Margaret Underhill MUNICIPALITY OF BAYHAM Deputy Clerk/Planning Coordinator N______ Municipality of Bayham 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: muutlerhill(abayhani.on.ca W: www.bavham.on.ca Lcrr;t. t r) I SUBJECT LANDS -- ___ ___La____ (----j J ,C4 ovLtn —�._ U:1'f'� (p IN ii Atir ? � `'`"' •56001 J 't ✓/-^\ ' ,ix,, er , _ *' E 11 ,.vas : "" - 51 l I ' 11 T-c - y.... 54275 ' w'.❑ ❑ . i . — • J �:yii..W 3469 6,II s�53364 v OR �,,c W �Fc ��_ =ESTINTH LINE 6� O`O , CC i is SCAR .N LINE .t i; ii a'I?) 27s .., ❑ 'I x5335��`J N ,� '�;;is 20 gi O¢ i iii o El ti. 't `:: A .i i ,o ORTH 5500EDEN LINE Q p' O i. <'ai s 4-r HALL Z �E ii 4 J Nom 57024 U .. J iEi:IN 'i.`a+ __.!:N - SHADY is EDE Si i; 52637 <� ,NE 57875'%•3 ,. tr RMONY Ft1DGE. Z ._ -ES LI OTT ATE LINE BALD L1NE WIN ��\ Nii LIVE APLE GROVE 1:17 3 LINE m i Li .NCE ` / `'3,0 �I OJT 6q OQ o LINE 'ri3 G1 �G UNE OO -7.----y:/_OW, i i> ��NE 41 '7 °:::: / 1 i� ii iii -ICHMON• OT Lq., ii Q • 9Q r IWO.: :1;1 1; 0.1 T ii? ;!! 5433° 0 :. _ i„s 31 111 ❑ I' J o 583.38 iii_i/ &1 p 5612'!Ir � �PGS Q °�� jtt7 s5'`�E o lo ill 526961 >' i IIT m [Iii iii ilililil Q / W N W Iiil i Li tTRAFF�► 'DV LE o EU ❑ w ❑ LINE 0 m,— j sii i Q hg01 s Z QO ERS i o ''a` O S47p1'Melt-so Z i 52398 ii`: ES_ Ul �. ii;.ii 11 ;jj:IT: 52647 - W `a . °i J = r � .o S ❑ \ S7 .,� ❑ S25p Q 828 is I� O ° 50o C,10..04, o� O�� ALTON U Q 52651 ❑€ii 1153481 ® p p Y LINE- Woo ce O SJ s iii Z€€€ ,n Iiia D Z Q N Z M1 O iiii :: =;i: <; ❑' C7 J 57540 _VI .. V' `' II D D J _i" i EW ill Y m ix, O m nil• N :•, o MC E,, ❑ .-. 53348lii iiii Q^/�GgN." OQ a c 58395 V 52521 '> ':E 5558 :. `t2 1.14.NNq MSN r CHUTE LIGM 7 VN f ,/! UN6 LINE i i D ❑ m LAKEVIEW Eii o % o o ❑ S IENNA 5,828 �\ ii si N O R F tr T 2601 ii ii iII:ii 3qg,v0 ,I. Z / 58438 to m iy i i O COrIq UN O 71-1/VN L/N N.. (' m o p tr f N iii iIi �Q5 O - to Z ¢ W :°Dn ii E,I Y Q 5782g \/ O U , \�_.\J 1111 • �, m U) : .6091�—pokkNfR�fLI O PROVINCIAL 17 AO Th. `i PARK `�� 5788 PART BURWELL CAA., S"ORf Shy_ `�9 t_ \ _�� REPORT o '444441:4Af- 4e, DEVELOPMENT SERVICES pul'tunity TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: October 5, 2017 REPORT: DS-57/17 FILE NO. C-07/ D09.HILD SUBJECT: Consent Application E67/17 Hildebrandt BACKGROUND A consent application was received from the Elgin County Land Division Committee submitted by Gertruda Hildebrandt proposing to sever a building lot 3051 m2 (0.7 acres) and to retain 2995 m2 (0.7 acres) of residential land fronting onto Culloden Road, Concession 9 S Pt Lot 6, known municipally as 10580 Culloden Road. The subject lands are designated "Hamlets" on Official Plan Schedule "Al" Municipality of Bayham: Land Use. The lands are zoned Hamlet Residential (HR) on Schedule "C": North Hall in Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on November 1, 2017. DISCUSSION: The proposal suggests severing to create one building lot north of the existing residence fronting on to Culloden Road in the hamlet of North Hall. The planner's memorandum dated September 7, 2017 analyzes the application subject to the Elgin County Official Plan, Bayham Official Plan and Zoning By-law policies. The application meets the criteria for the creation of a lot within the urban boundary of North Hall subject to the recommended conditions. Staff and planner recommend Council's support of the application with the listed conditions. ATTACHMENTS 1. Consent Application E67/17 Hildebrandt 2. IBI Memorandum Dated September 7, 2017 Staff Report DS-57/17 Hildebrandt 2 RECOMMENDATION THAT Staff Report DS-57/17 regarding the Consent Application E67/17 submitted by Gertruda Hildebrandt be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E67/17 be granted subject to the following conditions: 1. Water Quality testing reports for nitrates and bacteria content meeting the Provincial standards for residential use, as a matter of public health and safety 2. Water Quantity testing report meeting the Provincial standards for residential use, as a matter of public health and safety 3. Provide a professionally prepared grading plan 4. Obtain a Municipal Lot Assessment for private septic 5. Purchase civic number sign 6. Planning report fee payable to the municipality 7. Copy of the final survey (paper and digital) provided to the municipality 8. Parkland Dedication Fee payable to the Municipality 9. County Road Access confirmation Respectfully Submitted by: Reviewed by: Marga et Underhill `a P7pwa. Deputy ClerkiPlanning Coordinator CAOICIe BEEPED stP U�2Q,� COON TY OF ELGIN ;'-'ft �� �' Ems" - ' LAND DIVISION COMMIT)EE kr x, 7 7 El��n v. �� APPLICATION FOR CONSENT 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. • Name of Owner �'`i mid-.broo f j- Address qa io RI`C yt1r-Jl cf ltd / 1 . Telephone Number 0226_234-222 1 Email 'I4-J-lacie b yc d+ q@ rlb"�rneols Ca Name of owner's solicitor or authorized agent ' Address Telephone Number — Please sper:ify to whom all communications should be sent: Owners ( Solicitor ( ) Agent 3. (a) Type and purpose of pyoposed transaction: (check appropriate space) • Transfer: ✓/ creation of a new lot Other: mortgage/charge addition to a lot lease surplus farm dwelling easement/R.O.W. technical severance correction of title other(specify (b) Name of person(s), if known,to whom land or interest in land is to be transferred,leased or charged: �o l.,n � G�-1t.,d� (c) If a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality 5c�y/71,, 1 Concession No. 5 S Fr Lot(s)No. pca` Registered Plan No. Name of Street (,,j,[7tStreet No. and/or 911 No. j O ''O Assessment Roll No. '3401 000 Oo5 0(o 50° C1oo (b) Are there any easements r restrictive covenants affecting the subject land? Yes ( ) No (v4' If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) ' Frontage A 1M hf�,° ' Depth M 9, 63 Area 30 1.42, 4�(6� Existing Use G-rt s ( _S'daA, c Proposed Use ietiv j /04- _ Number c+- Number and use of buildings and structures on the land to be severed: Existing Kv-svQ- Proposed (-1-nnl .grij.i( at.Le6rd . �Str - gktc�,1-1-00-e- O _. Sq 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage ? `ut�� al ,,,,r-,' • g - Depth o Z.(BADE'IA Area x915 I tipa ExistingUse4 ' Rte.= �� Proposed Use Hints( ens �, 2- Number and use of buildings and structures on the land to be retained: Existing aO XZ-y fril-ott52 5OO g�ua, al Proposed kuy .r `5r-',\ .c c-+u.� County of Elgin Engineering Services 450 Sunset Drive St.Thomas,On N5R 5V1 Phone:519-631-1460 www.elgin-county.on.ca Progressive by Nature ` -2- 7. Number of new lots proposed (including retained lots) 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) Municipal road, maintained all year ( /) ( ) (a4 Municipal road, seasonally maintained ( ) Other public road ( ) ( ) Right Of Way ( ) ( ) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) . TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) til I Pt- kI I1 10. What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) . Privately owned and operated individual septic tank ( F (J) Privately owned and operated communal septic system ( ) ( ) Privy ( ) ( ) Other means (specify) k`iA 11. When will water supply and sewage disposal services be available? 12. What is the existing Official Plan designation(s) of the subject land? C '""�9CP f) '' 13. What is the existing Zoning desig ation(s)of the subject land? trot tart tA41-6;t /6itg • 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No (X) Unknown ( ) If Yes, and known, provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application, describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes ( ) No ()‹.) -3- ' (b) If the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel iDate parcel created 1 . If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( ) If Yes, provide the previous severance File No. N-/i 1 . If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. N 19. Is the owner,solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes ( ) No (k1( 20. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? _., Yes ( ) No (i/) If Yes, and known, specify the Ministry file number and status of the application 21. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor va "ance, or approval of a plan of subdivision? Yes ( ) No ( ) If Yes, and known,specify the appropriate file number and status of the application 22. Is the application consistent with policy statements issued under subsection 3(1)of the Planning Act? ,(/ Yes ( ) No ( ) 23. Is the subject land within an area designated nder any provincial plan or plans? Yes ( ) No ( ✓) If yes, does the application conform to or conflict with the applicable provincial plan or plans 24. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 25. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 26. SKETCH: 4 The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads,watercourses,drainage ditches, river or stream banks, wetlands,wooded areas,well and septic tanks; - the existing use(s) on adjacent lands; - the location,width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Dated at the Cote-1;j of ej( this -25 •.y of X --- 20 'Ti' SIGNATURE OF AP P] NT(S), SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION •r i APPENDIX"A" The County of Elgin Land Division Committee requires that, in addition to the"Application for Consent",the following information be completed for all applications: 1. Are there any barns loca within 300 metres of the subject of this application? Yes ( ) No (14 If the answer is"YES"are these barns: i) Now used for livestock? Yes ( ) No / ii) Capable of being used for livestock? Yes ( ) No (,� NOTE:If you answered"YES"to#1.PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BY APPLICANT AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR NON-FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS In order to calculate the minimum distance separation,the following information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: NAME TELEPHONE TOWNSHIP LOT CONC. TILLABLE HECTARES(where livestock facility located) ' Type of Livestock Maximum Housing Capacity Manure Systern Housing System Number per Year Liquid Semi- Dry check type Solid DAIRY Tie Free Loose 0 Cows Stall Stall ,'0 Heifers 0 Calves BEEF 0 Cows Open Lot Total &Barn Confine- 0 Calves ment 0 Feeders 0 400-750 lb. • 0 400-1100 lb. 0 750-1100 lb. SWINE 0 Sows 0 Boars 0 Weanlings . 0 Feeders POULTRY Caged On Floor 0 Laying Hens 0 Breeder Flock 0 Pullets 0 Chicken Broilers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms 0 Roasters MINK-Females HORSES SHEEP-Rams&Ewes RABBITS VEAL CALVES OTHER MANURE STORAGE: DRY Open Pile Covered Pile SEMI-SOLID Open Pile Storage with Buck Walls LIQUID Covered Tank Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank HO SKETCH l r V`��-k ILLUSTRATING PROPOSED SEVERANCE PART PART OF LOT 6 11R - 9727 CONCESSION 9 __ GEOGRAPHIC TOWNSHIP OF BA YHAM IN COUNTY OF ELGIN m -• PART 1 VQCCira[ rim 11R -- 1900 KIM HUSTED SURVEYING LTD. NOT TO SCALE 0 � ' too `OitX'L ZU) u7 r- >-• O Q --] ,-_ m P.I.N. 35339 - 0161 m fi a \� i U] U U +n O el 0 a, Fn (M 14M n Q a94.)as' a a. U a 111 e) u o PARCEL 1 - erec� M !Ii !TtP.. 3s3 —.41 91 bki Q Q s - o PARCEL 2 ..€3 1- o -1 v o WELL C9, v Q hi FRAME • 0 01 BUILDING rn < 0.67 88.068 CM) , P 0.60 .per a Dy >-= `e-" PART 1 z 7 P.I.N. 35339- 0176 11R 8348 . • © COPYR e-T 2017 KIM HUSTED SURVEYING LTO. . THE REPRODUCTION,ALTERATTON,OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING. LTD. IS STRICTLY PROHIBITED PARCEL • 2880 4 SQUSEVERED ETREs KIM HUSTED SURVEYING LTD. = 0.71 ACRES ONTARIO LAND SURVEYOR PARCEL 2 TO BE SEVERED 30 HARVEY STREET, TILLSONBURG, ONTARIO. N4G 3J8 AREA = 2863.3 SQUARE METRES PHONE 519-842-3638 FAX: 519-842-3639 OVERAGE 0.71 ACR z ES C PROJECT: 1 7-1 31 00SKETCH REFERENCE: C:\OSOF 1141\WAYNE\1/ 131UUSKEICH.dwg, //10/231/ 10:35:55 AV, HP ENVY 5530 serves IBI GROUP B203-350 Oxford Street West ILondon ON 519 4 3 72 28 1 fax 519 472 9354 ' ibigroup.com Memorandum To/Attention Municipality of Bayham Date September 7, 2017 From Paul Riley BA, CPT Project No 3404-668 cc William Pol, MCIP, RPP File Subject Gertruda Hildebrandt- 10580 Culloden Road -Application for Consent E67/17 1. We have completed our review of the consent application submitted by Gertruda Hildebrandt for lands located at 10580 Culloden Road, east side and north of Eden Line in the hamlet of North Hall. The applicant is requesting consent for severance of 3051 m2 (0.7 acres) of residential land and to retain 2995 m2(0.7 acres)of residential land. The lands are designated Hamlet on Schedule "Al" Municipality of Bayham: Land Use. The lands are zoned Hamlet Residential (HR) on Schedule"C": North Hall in Zoning By-law Z456-2003. 2. The land intended to be severed is the vacant northern half of the lot having a lot frontage of 34 m (111 feet)and a lot depth of 89 m (292 feet). The retained lands are a rectangular parcel comprising of a single family dwelling. The retained lands have a lot frontage of 34 m (111 feet) and a lot depth of 88 m (288 feet). The surrounding uses are single family dwellings and open space land to the east. 3. The County of Elgin Official Plan Section E1.2.3 indicates that consents may be allowed where they are consistent with the Provincial Policy Statement 2014 (PPS), the County Official Plan, and the local Official Plan. The proposed consent is located in the settlement area of North Hall. Section 1.1.3 of the PPS indicates that settlement areas shall be the focus of growth and development and that regeneration and vitality is promoted in these areas. The proposed consent is consistent with the PPS as the growth is proposed within an existing settlement area, promoting the regeneration and vitality of North Hall. 4. The proposed consent is in accordance with Section Cl — Settlement Areas of the County Official Plan. The County promotes the efficient use of existing and planned infrastructure and encourages minimizing the amount of land required for new development. Section C1.3.2 General Policies indicates that the County supports residential intensification and redevelopment within settlement areas, therefore, the proposed amendment conforms to the intent of the Elgin County Official Plan. 5. The Municipality of Bayham Official Plan Section 4.1 Settlement Area Policies includes relevant objectives and policies related to the proposed consent. The intent of the Official Plan is to concentrate all the urban growth in settlement areas in order to prevent scattered non- farm development in the Municipality. Development in the settlement areas will be allowed on the basis of infilling in vacant areas, as is proposed. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 18,2017 6. The Bayham Official Plan Section 4.2.4 states that the Municipality shall encourage intensification and redevelopment within settlement area boundaries on vacant or underutilized sites.According to Section 4.4.2 Residential Uses,the principle land use function in hamlets shall be in the form of single detached dwellings. Section 4.4.2.2 includes the evaluation criteria for granting consents in hamlets where no subdivision plan is deemed necessary, including: a) Consents shall be granted only in areas where the minor, or no extension of any municipal service would be required. Any services required in a consent should be satisfactory to the appropriate approval authority; The new dwelling lot requires private water and sewer services, therefore no extension of municipal services is necessary. The applicant must provide lot assessments for soils (septic) and installation of wells with water quality and quantity testing results to provincial standards. b) Consents should be granted only when the land fronts on an existing public road, which is of a reasonable standard of construction; The lands front on a paved public road, Culloden Road the main north-south road through North Hall, considered to be of a reasonable standard of construction; c) Consents should have the effect of infilling in existing developed areas and not of extending the Hamlet area unduly; The effect is infilling in an existing developed area as the new lot is located between existing houses along a strip of residential properties within a settlement area; d) The size of any parcel of land created by a consent should be appropriate for the use proposed considering the public services available and the soil conditions, and in no case should any parcel be created which does not conform to the provisions of the Zoning By-law; The consent is in conformity with lot area provisions of the Zoning By-law, however, the installation of private water and sewer services must be appropriate considering the soil conditions of the lands. The owner must provide proof of adequate well water quality and quantity testing results and a lot assessment for soils(septic)to provincial standards; e) Direct access from major roads should be restricted and residential lots should, where possible, have access only from internal residential roads; Based on an examination of recent aerial imagery and Google Street View there is adequate sightlines along Culloden Road. The existing development accesses the street directly and there is a lower speed limit within the hamlet, therefore, access directly to and from Culloden Road is considered adequate; 0 Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades; As mentioned above, Culloden Road has adequate sight lines and does not present an additional traffic hazard for the additional residential access; g) Consents should be granted only when the creation of the lot will not interfere with subsequent access to interior lands; IBI GROUP MEMORANDUM 3 Municipality of Bayham—September 18,2017 No interference with access to interior lands is anticipated as the parcel abutting to the east is not accessed through these lands. The proposed consent is in conformity to the Official Plan based on the evaluation of the above criteria and more specifically based on the promotion of infilling in an existing settlement area. 7. The Hamlet Residential (HR) zone in By-law Z456-2003 allows for residential uses. The proposed lot configuration conforms to zoning regulations, being above the minimum lot area and lot frontage. The proposed lot configuration for the retained lot meets the regulations for lot coverage and front and rear setbacks, however, the southerly side yard is existing below the minimum regulation. According to Section 4.10 Non-Conforming Uses, the provisions do not apply where a building has been lawfully used for such purpose and continues to be used for that purpose if erected prior to the current Zoning By-law. Based on an examination of aerial and street view imagery we consider the deficient side yard setback, of 0.6 m where 1.2 m is the minimum, for the existing non-conforming house. The building appears to be in existence prior to the existing By-law regulations and so is recognized as non-conforming under Section 4.8.1. Therefore the proposed consent is in compliance with the Zoning By-law regulations. 8. It is noted that the subject lands include storage of unlicensed and/or derelict motor vehicles on the property in various states of disrepair. Section 4.8.1 Prohibited Uses includes the use of any land for the purposes of any refuse, the definition of which includes derelict and unlicensed motor vehicles in the Property Standards By-law. The site needs to comply with municipal yard maintenance and property standards by-law. A condition be added to ensure the appearance of the property is in keeping with the character of the area requiring the property be inspected and equipment on both the severed and retained parcels be removed in accordance with the Property Standards By-law 2002-10 and the Yard Maintenance By-law 2002-9 of the Municipality of Bayham. 9. Based on the above review of consent application E67/17 we have no objection to the proposed consent and recommend the following condition for consent approval: a) The applicant must provide a lot assessment for soils (septic) and installation of a well with well water quality and quantity testing results to provincial standards. b) That both the severed and retained lands comply with the requirements of the Yard Maintenance By-law 2002-9 and the Property Standards By-law 2002-10 of the Municipality for the removal of unlicensed motor vehicles or equipment from the property. Cx2'� IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham voNYH.4.4� � , REPORT o `' may „# Y �,.... DEVELOPMENT SERVICES it,portunity IS ' TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: October 5, 2017 REPORT: DS-59/17 FILE NO. C-07/ D10.GUEN / BL 2017-102 Roll # 3401-000-006-23300 SUBJECT: Site Plan Agreement—Guenther, P &A, 56967 Eden Line BACKGROUND: A site plan control application was received on July 25, 2017 and deemed complete September 27, 2017 from Peter and Anna Guenther for their property located at 56967 Eden Line. The application proposes the development of their property at 56967 Eden Line, formerly the Eden &Area Community Centre, to a retail commercial property. The subject land is designated "Hamlet" in the Official Plan and zoned Hamlet Commercial (HC) in the Municipality of Bayham Zoning By-law Z456-2003. Zoning By-law Z456-2003 was amended by Zoning By- law Z659-2017 passed March 16, 2017 changing the zoning from Institutional to Hamlet Commercial. DISCUSSION: Based on staff review of the Application for a Site Plan Agreement and accompanying final drawings received on September 27, 2017, staff concur that it meets the intent of the Official Plan and the requirements of the Zoning By-law. Staff circulated the County engineering office and they are satisfied with the final drawing S-0. Staff recommends approval of the site plan agreement as presented for the development of the Guenther property. ATTACHMENTS 1. Application for Site Plan Agreement— received July 25, 2017 2. Draft By-law 2017-102 - Site Plan Agreement attached. Staff Report DS-59/17 Guenther 2 RECOMMENDATION 1. THAT Report DS-59/17 regarding the Peter and Anna Guenther site plan agreement be received; 2. AND THAT By-law No. 2017-102 being a By-law to authorize the execution of a Site Plan Agreement between Peter and Anna Guenther and the Municipality of Bayham for development at the property known as 56967 Eden Line be presented for enactment. Respectfully Submitted by: Reviewed by: Marga et Underhill 'ul " i ay Deputy Clerk/Planning Coordinator CAO/Cle L . i.` V � FILE No. 5-1°A — 03/7 ✓j` II_il_ REC'D: ki e..1"/ f O164borgyni gs-04se DATE APPLICATION CONSIDERED ' lr'diCif'F it"1"� /Yiifli COMPLETE: FEE RECEIVED:$ -00 a(4' MUNICIPALITY OF BAYIIAM �� SITE PLAN APPROVAL APPLICATION FORM The undersigned hereby request the Municipality of Bayham to consider a Site Plan Control application pursuant to Section 41 of the Planning Act on the lands hereinafter described. This application is accompanied by a fee of$500($250 fee+$250 deposit for properties with accumulative building area of 150 m2 or less)OR$2000($1000 fee&$1000 deposit for accumulative building area 151 m2 or greater)by cash or cheque made payable to the Municipality of Bayham. 1.BACKGROUND INFORMATION a) Applicant's Name 1e,-k(- 4- Anna Gs Ave f Applicant's Mailing Address h 5P-lp17Ic,nK >Qrl Fc1e_r1 C\.! G.JCIs i I-4O Telephone Number 5 i G-5stQlo-?, Fax Number Slci 3Tc s b) Registered Owner(if other than applicant) Owner's Address Telephone Number fon t,(,, 1 Fax Number G, 3 ,:3? c) Location of Subject Land Lot Number(s) cc incl \c c T3-a Plan No.or Concession a' C.'\c4 C C n 4 Part Number(s) Reference Plan 911 Address(if any) 5 €cl+- L. e The subject land is located on the ;\h side of t_c -e Lo-* between and d) Existing use of Subject property QGCCtc\ Ce,SCC•\ e) Specific indication of proposed uses of land and buildings ityy:,� �C. ttld c . CJ\ \ ( srx 0,06 c eS*lac c r.4- ctc\ YC.C,a Se`\14 c f) Official Plan Designation Oa,\� } g) Zoning By-law-Existing Zoning Co h\YVVCC<<ck -Requested Zoning NIC. ChGt-Nc3c_. 1 2.SITE INFORMATION a)Zoning Provisions REQUIRED PROPOSED Lot Frontage 3.4-1 tv1 Lot Depth .9 a m Lot Area 3 -`-S9 0 rn.)- Lot Coverage /Z 8- Bio Front Yard Al, ry. Rear Yard 9. t ro Interior Side Yard Exterior Side Yard(corner lot) Landscaped Open Space(%) .a- % No.of Parking Spaces No.of Loading Spaces Width of Planting Strip Driveway Width Handicap Spaces Other(Specify) q,,-(44,1 Yon+c-? 101 Off-Street Parking and Loading Facilities r51n7 si d 6 i'daG+117-6'''" a r-ta area °Ivy, r2o 7,arkt;i7 Total number of off-street parking spaces existing Number of off-street parking spaces proposed(include existing&proposed) ay; Number of off-street loading facilities existing Number of off-street loading facilities proposed(include existing&proposed) b) Proposed Building Size: Ground Floor Area of Existing Buildings(s) 7)lQ ma Ground Floor Area of Proposed Development d+1/4,`,c�� Total Ground Floor Area (including ex sting&proposed) Number of Storeys proposed Building Height Proposed 413?ry, Total Gross Floor Area Proposed (including existing and proposed) 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL Landscaped Area,, sq m Conversion or Addition . xisting Residential Buildings Yes No Amenity and/or Children's Play • ea Yes No UNIT BREAKDOWN Type Number of I •s Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom 2 3. COMPLETE AS APPLICABLE:-(cont'd) a) MULTIPLE FAMILY RESIDENTIAL;,(ebnt'd) Other Facilities provided(eg. facilities,underground parking,games rooms, swimming pool,etc.) b) (COMMERCIANDUSTRIAL/INSTITUTIONAL/OPEN SPACE OR OTHER USr S L I(as applicable) No.of New Buildings Proposed N61-1 Conversion or Addition to Existing Building Yes ✓ No Describe Gross Floor Area(breakdown by type of use,eg.-office area,retail,storage, manufacturing area,etc.) (Ze\a;.\) EaA`,�� ,mer, . \ *Cr,-'Gf -F ,r : ,T;i-« � r SP\V1�� cis era S iv _ Seating Capacity(for rest-br assembly hall,etc.'Y < -\n r)Q_c,Oe Describe Type of Business Proposed .e kc-,';\ , 'R =,,k ,c at,-t- No.of Staff Proposed-Initially 5 In future(5 yrs) 5 Open Storage Required Yes No ✓ Describe type,location,and buffering(if any) a rec,c;,,(5 Phasing if any Describe Type of Use Proposed No.of Beds(if applicable) ,------ Gross Gross Floor Area by Type of Use (eg.office,common rooms,storage,etc.) I. i 4{4\t'hex,Face,-,,, c-,,,--e ,c-,,,--e ,, G 7---) (eg. Landssaped Area (1.g m X 35.a5eN4_ (699/ sq m 3a n: - c ci\\ i 5(7:M. .' ate c ceJ_ If residential use proposed as part of,or accessory to commercial/industrial/open space/other use,pleas- .ecify Type Nu :-r of Units Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom Dated this Jr day of .)V /7 ,20 / 7 X 0.. .t..„.___/./( gnature o Owner/Agent k�-,-� Wit., ,� J// Signature of Owner/Agent We Pay-/-�ha 6uoTH-e yy/of the /i//tliCL/9u/, >y of Z7 a//'? in the ( //Ay' of �lti/r1 �ri/�n'I DO THAT: a-P-i;m a,74;n,) All of the statements contained in this application are true and I make this se - deelaratien conscientiously believing it to be true and knowing that it is of the same force and effect as if made under Oath and by virtue of the Canada Evidence Act. DECLARED before me at the {nlniet- a 47y of /5a t,f am in the a{e, of thisgi ay of ,Ju( 20 /7 r1"1"--.j' � Signature of Owner/A ent A Commissioner,Etc. Signature of Owner/Agent Attachments: Site Plan Control By-law 2005-061 with Schedule"A"only 3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017- 102 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN PETER AND ANNA GUENTHER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016- 047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Peter and Anna Guenther. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Peter and Anna Guenther affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 5th day of October 2017. READ A THIRD TIME AND FINALLY PASSED this 5th day of October 2017. MAYOR CLERK SCHEDULE 'A' TO BY-LAW NO. 102 SITE PLAN CONTROL AGREEMENT PETER AND ANNA GUENTHER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Plan 258 Lot 3, Concession 8, Part Lot 22, Bayham This Agreement made in duplicate this 5th day of October 2017. BETWEEN: PETER AND ANNA GUENTHER (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being Plan 258 Part of Lot 3, Concession 8 Part Lot 22 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" —Certificate of Compliance 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "A" ("Site Plan S-O") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot- mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. 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 compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of Dollars and Cents ($_NIL ). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred and Fifty Dollars and Zero Cents ($250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$ 2,000,000 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before October 5, 2018. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Dollars and Cents ($ NIL ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachment "A", the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "B" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, 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 from any action taken by the Owner in accordance with this Agreement. 34.All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this 5th day of October 2017. Signed, Sealed, and Delivered ) In the presence of ) ) Peter Guenther, Owner Anna Guenther, Owner Witness ) ) We have authority to bind the Company ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM Paul Ens, Mayor ) Paul Shipway, CAOICIerk ) We have authority to bind the Corporation 0 CONSTRUCTION NORTH PARK PLAYGROUND 1,11 EX.WOOD FENCE �R d� SITE STATISTICS&ZONING DATA TABLE: /,v� w.ox.oa. GRA`''OV s'''' GRA55'OW STRIP EXISTING USE:RETAIL SPACE&IVAREHOUSING:VACANT LAND '�{ PROPOSED BUILDING USE:RETAIL SPACE&WAREHOUSING 0 EXISTING ZONE:AC•HAMLET COMMERCIAL(SECTION 161 g I rarc , 1 r ZONE REGULATION 0.EQUIREO PROVIDED 4.4.4, / 2478153ONTARIOWEST INC. rrr•••x^^^,���V��VVV\\\"' LOT AREA•MINIMUM 90042 3272ADED • T LOT COVERAGE-MAXIMUM 40% 18%± 210Tifm'ILLE,2 MAIN EONFARXI NMI P.0.1302 98 4 LOT FRONTAGE-MINIMUM 254 62.4144! TEL:(-S14B746575 �'{� LOT DEPTH••MINIMUM 364 52.934_ FA 5:997965]fi 1 Eu.IL Ix R�IP.RD x1.x((nxR. FRONT YARD(NORTH)DEPTH••MINIMUM THE ESTABLISHED 22.0134 BUILDING LIME EXTERIOR SIDE YARD•MINIMUM 6M N:A _ j o z c REAR YARD(SOUTH)DEPTH-MINIMUM 6m 8.90.4± ..4 11IESDES 4.544.54264 PEN aMUNICIPAL PARKING HEIGHT OFEBUIOl01NG SPACE MINIMUM NO PROVISION 45%0 F GROSS FLOOR AREA-MAXIMUM NO PROVISION 575.204 ` GRANULAR AREA NO PROVISION 4N/A N i ,."....1::::. ' •, PAVED AREA NO PROVISION 36?.! vvn v q, �n,. • Ex.I.zo4 cHAINUNK rENLE ALONG PARKING REQUIREMENTS PARKING RATE REQUIRED PROVIDED FENC ERIY LINE IEAPPROS MOM T 5,505 iuo,uiq%�puo v to 'i(,�mow��o n P� FENEE FROT PROPERTY VINCELYD.60A RETAIL STORE 1489.6421 1/2542 20 21 -3.011-rZ.7N-2.74-2.74--2.7 F 711-$.711-2,71.--2,71.-' pF THE FRONT PROPER1v LINC1 um...4.y .(�gpyM.y WAREHOUSE IBS.fiM21 1/10042 1 2 I Go 6S1FFE5'�IP �l BARRIER FREE-•• 3%OF TOTAL+I 2 211A+IDI ' II ICI 9 B 7 6� 5 4 3 2 I • I PCCE9515LE PARKING AIPLE TOTAL PARKING REQUIRED(INCLUDING R.F.1 21 23 5 PER NOTES LOADING REQUIREMENTS RATE REQUIRED PROVIDED LINE Tp SE PAINED IN CENTER DF SITE I TNTRANCE MOM FONT PRDPERn LINE COMMERCIAL timed 2 2 ASPHALT PARKING AREA / ODEPTH OF FIRfii RDW Di PARKIND SPACES LENA GUENTHER IJ/// RROWS TO 5E EER LANES CENTER Di ACCESSIBLE PARKING SPACES ARE TO BE PROVIDED IN TWO SIZES FOR ALL UM LEN IOENTIAL 119E5 56967 EDEN LINE I INGRESS S EGRESS CAVIES JOS}INSIDE DF A)TYPE A SHALL HAVE A MINIMUM WIDTH DF 3.4 M 111.2 RI AND A MINIMUM LENGM DF EDEN,ONTARIO NOJ I HO 12 13 14 I S 16 17 18 19 20 21 22 23 PROPERTY LINE t0 CLEARLY DEITNf TRAFFIC 5.5 4118 RI. FLOW OIRELTIOA IN AND 0111 DF SITE BI TYPE B SHALL HAVE A MINIMUM RAUH OF 2.7 M 18.9 FTI ANDA MINIMUM LENGTH OF I 14.005_ • -.DA>-int.7M-2.74--2.74-2.7N-2.75-2.75-2.7A•-2.7n�2.7M--2.74-2.7w,•.. 14.020 Y 5.5 M 118 FTI. ACCESSIBLE PARKING AISLE REQUIREMENTS: I _,A'I— • A PARKING AISLE SHALL BE PROVIDED FDA ALL ACCESSIBLE PARKING SPACES AND MAY BE DOABLE YELLOW LINE TO BE PMNTED IRON SHARED BY TWO ADJACENT PARKING SPACES.IN ACCORDANCE WITH THE FOLLOWING PROVISIONS: AAENI 5TP1F PGOPE CH.E11Nf RE FENDS IA FRONT Al A PARKING AISLE SHALL NAVE A MINIMUM WIDTH OF 1.5 M(4.9 FT)AND EXTEND THE FULL EDEN COMMUNITY CENTRE GRA55 BURPER LENGTH OF AIS PARKING SPACE. L________.___L_______ BIAPARKINGTHE SHALL BENARKEDWMHIGH A HCONPASTETOARNLLANES,WNICN RENOVATIONS 1.504 CONCRETE SIDEWALK DISCOURAGES PARKING,WHERE THE SURFACE 15 ASPHALT,EONCRETE OR SOME OTHER HARD SURFACE. SITE PLAN / EXISTING ASPHALT DRIVEWAY APRON \ .xI r •LL EDEN LINE CITY RD 44 aap` TAMSE8-0 ATTACHMENT "B" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 56967 Eden Line Owner: Peter and Anna Guenther This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_ Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number V1N `° Town of The Blue Mountains 32 M:il:l Stlleat,P.O.Bax 31(1,Thornt my,ON NOH 2P0 'Dei]: 0119)5S1O-:113:1 •Fax: (51:19' .ISI9-7733 te' 7b11 Freia: l-O88-B1IU-MTN9 111-8f18-2f.18-6R1) UE MOS' info@tteFluamauinlains.ca• www.tbabluiemountains.aa September 6,, 20111 Moved by: John MaGee Seconded by: Jae Halos 11HATI Council of the lawn ofl1lh a Blue Mou ntairls does riot support the resolullion o11th e IV uniclipalitly cif Marmora & LaNEl anc th El Mu niaipality of Bk ewater recommending that ti e neem oval of th e tax-exem pt pori ion oil remuneration paid to local officials show Id be aFlplied to elected officials at all levels of goverrnm cent,; PIN O-11H IT copies ofl t.is resolution I El ibrwlardec to Local M P Kellie Leitch and Ontario Mu CAIIRIBO. CBRTIFIBD TC B9 P 11RUB CORY (44 Krista Royal, DeF1ut ilk ,I;12i% (A10(unic'lll a a,i iht'ttiL i k t1Vt111/ 1,1)14:i'1 4 41114..1.P!['C'['.'.'i/iIi')101711ils It'.smon c/ /.11'acticc i)Ie(1/11111JUW/i Il/e''iI. office of the fMayor/CEO 315 ping Strer't West P.O. Ook 640 Chatham, Ontario ,! .7‘175t1 57(8 `2 • 14 •d. ! 4 ,, S . mza k rltlephour: 519.436.3219 Pa., 1-0.:519.436.3236 �an�y .%-lope Encaii 1Zandy:Hapee rhzrthain-kent.Cu fMuni�i flhty of Chatham-`L(,nt September 22, 2017 The RonouraBle Kathleen Wynne Premier of Ontario Legislative Building, Rm 281 Queen's ParK Toronto ON IMA 1A1 Dear Premier Wynne: RE: Barriers on Highway 4U1 As Mayor ot I he Municipality ot Chatham-Kent, I am providing this letter in support of a resolution passed by Council at its council meeting held on September 18, 2017, as follows: "WHEREAS, there continue to be serious unguiriy uunuerns regarding traffic safety on the 4U1 through Chatham-Kent from I ilbury through to Elgin County. WHEREAS, there have Been numerous serious and fatal collisions that have required the closing of the 4U1, impacting the safety of residents on detour routes with increased heavy truuk traffic. THEREFORE BE IT RESOLVED that council pass a resolution calling on the provincial government to install said Barriers and that the mayor draft a letter highlighting the above concerns, and that both the motion and the accompanying letter be circulated to the: Premier of Ontario, The Honourable Kathleen Wynne, The Minister of transportation, I he Ronoura6le Steven Del Duca, and the surrounding municipalities on the 401 corridor from Windsor to London. AND BE IT REsOLvED the petition as drafted by concerned residents of Chatham-Kent with the help of the MPP for Chatham-Kent-Essex be made available for signing until Sept 27th at all of our municipal service centers before being forwarded to the MPP." Por business interests, checkout www.invesrckca/abour-invest-c-k/a-message-from-our-mayor or www.chatham-kent.ca September 22, 2017 Page 2 I hank you tor your time and attention to this important matter. We would greatly appreciate a face-to-face meeting with you about this issue. Should you require turthei ii itormation, please do not hesitate to contact my ottice directly at randyhope@chatham-kent.ca or by telephone at 519.436.3219. Sincerely, Rudy R. Rupe, V ayur/CEO Municipality of ehatham-Kent C I he Ronoura6le Steven Del Duca Minister of Transportation Ferguson Block, 3rd Flr. 77 Wellesley St W Toronto ON M7A1Z8 Municipalities within Counties of Essex, Elgin and Middlesex Municipality of YHA ,11 BAYHAM13' I� `s" ;- A: P.O. Box 160, 56169 Heritage Line .4.0. "MI Straffordville, ON NOJ 1Y0 11P T: 519-866-5521 F: 519-866-3884 0°Pia_ -`SiO E: bayham@bayham.on.ca rtunity IS W:www.bayham.on.ca MEDIA ADVISORY FOR IMMEDIATE RELEASE On Friday, October 27th, municipal officials, as well as Elgin-Middlesex-London MPP Jeff Yurek and a representative from the Ontario Trillium Foundation (OTF) will take part in a ribbon-cutting ceremony at the Vienna Memorial Park to mark the completion of the park's capital upgrades as a result of the Municipality receiving an Ontario150 Community Capital Program grant earlier this year. The capital and electrical upgrades will have a positive impact on the residents of Bayham as they continue to utilize this public space. The aim of the grant was to assist municipalities to improve existing infrastructure through repairs, renovations and retrofitting. The Municipality is appreciative of the grant proceeds which contributed to the funding of this project Friday, October 27, 2017 11:30 AM Vienna Memorial Park 6226 Plank Road Vienna For further information, please contact: Paul Shipway, CAOICIerk Municipality of Bayham 519-866-5521 pshipway@bayham.on.ca Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 • Fax 519-842-7123 Email: conservation@lprca.on.ca www.lprca.on.ca Date: September 15th, 2017 File: 3.6.2 Municipality of Bayham Dear Municipal Partner: The Long Point Region Conservation Authority is proposing to apply to the National Disaster Mitigation Program for funding assistance to make improvements to its Flood Forecasting and Warning System. LPRCA operates and maintains a flood forecasting and warning system for the watercourses and Lake Erie shoreline in the Long Point Region watershed. Flood watches and warnings are issued by LPRCA to provide early notice to municipal flood coordinators, emergency responders and the public to assist you in taking timely and effective action to reduce the risk to life and property. This project will: • provide more readily available and usable real-time data to support flood forecasting, warning and emergency response; • improve the timeliness, accuracy and reliability of flood watches and warnings; and • working with your emergency response team, update/improve tools to support flood emergency planning and response, such as thresholds for warning messages that can link to actions. At its September 6th meeting, the LPRCA Board of Directors passed the following resolution: Res. No. A-208/17: THAT LPRCA makes application to the National Disaster Mitigation Program for funding to improve its flood forecasting and warning capabilities, and THAT LPRCA plan during its 2018 budget discussions to contribute 50% of the total project cost, with 43% from General Levy — Capital and 7% in-kind staff time, as its share of the matched funds, and THAT a letter be sent to member municipalities requesting endorsement for the project. Municipal letters of endorsement/support will greatly assist in the success of the application and are, in fact, a requirement for it. The Ministry of Municipal Affairs staff has confirmed that a letter of support from a senior municipal staff member A Member of the Conservation Ontario Network (signing officer) will meet their requirements. The MMA deadline for submitting the municipal letters of support is October 13, 2017. Thanking you in advance for your consideration, ca*, Cliff Evanitski General Manager/Secretary-Treasurer Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 . Fax 519-842-7123 Email: conservation@lprca.on.ca . www.Iprca.on.ca September 28th, 2017 File: 1.1.1 Paul Shipway CAO/Clerk Municipality of Bayham - Municipal Office 56169 Heritage Line, Box 160 Straffordville, ON NOJ 1Y0 RE: Municipal Appointment to Long Point Region Conservation Authority Dear Mr. Shipway, As per Section 14.(4) of the Conservation Authorities Act, municipal councils may appoint a representative for up to three years. As such, LPRCA requires a confirmation from both the Municipality of Bayham and Township of Malahide of their appointment to the Board of Directors for the Long Point Region Conservation Authority for the final year of the current municipal term. Conservation Ontario, the umbrella organization for the province's 36 conservation authorities, continues to work with the provincial government on amending the Conservation Authorities Act so that conservation appointments correspond with the respective municipal terms. Your current appointment expires November 30th 2017. If you have any questions, please do not hesitate to contact this office. T' : king you in advance for your assistance, • dir liff .a ski General Manager/Secretary-Treasurer c.c. Clerk, Township of Malahide A Member of the Conservation Ontario Network REPORT opp * CAO ui'tunity Isco TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: October 5, 2017 REPORT: CAO-63/17 SUBJECT: MUNICIPAL GREEN HOUSE GAS CHALLENGE FUND BACKGROUND On August 14, 2017 the Province of Ontario launched the Municipal GHG Challenge Fund. The Municipal GHG Challenge Fund is designed to invest in local projects that will help to reduce greenhouse gas (GHG) pollution. This initiative is part of Ontario's Climate Change Action Plan and is funded by proceeds from the province's carbon market. The Municipal GHG Challenge Fund will support projects such as renewable energy and energy efficiency retrofits to municipal facilities and making energy-efficiency upgrades to drinking water or wastewater treatment plants, to achieve long-term and cost-effective pollution reductions. • Ontario is investing up to $100 million of proceeds from its carbon market in the Municipal GHG Challenge Fund in 2017/18. • Any Ontario municipality with a community-wide greenhouse gas emissions inventory, emissions reduction targets and a strategy to reduce emissions is eligible to apply. Municipalities may request up to $10 million per project. Projects that are currently underway are only eligible if they were initiated after June 1, 2016. • Municipalities with a population of less than 10,000 that do not have a community-wide greenhouse gas emissions inventory, reduction targets and a plan, may be eligible for the Very Small Municipalities Stream. • At least 30% of funded projects will be located in Small / Rural / Northern Municipalities (population < 100,000 or areas north of, and including, the districts of Parry Sound and Nipissing). • The province will contribute up to 100% of eligible costs; however, a higher score will be given to applicants that leverage funds for up to 50% of eligible costs (e.g., through federal/municipal governments, private sector, industry partners etc.). DISCUSSION The Municipality appears to be in a favourable position for this grant as a result of its Community Energy Plan which Council approved in the 2017 Budget and is 70% complete. Staff assessed the Capital Budget to identify planned future facility replacements to demonstrate commitment to asset management. As a result Koolen Electric was consulted to scope appropriate replacement units for existing units at or near end of life. Staff propose the focus of the Municipality of Bayham application to be on improving facility efficiency. The combination of Capital Costs being funded by the Grant Program and a reduction in future operating costs, as a result of the replacements, presents the opportunity for significant benefit to the Municipality. Location Current Proposed Cost Straffordville Fire 1995 - 3.5 ton 97% Natural Gas $12,809+HST Hall Carrier AC Unit Modulating 90,000 (R22 Refrigerant) BTU Armstrong Pro Series Furnace 1995 - Gas Fired with variable ECM Carrier Furnace & Fan Motor with new Enviro Heat Venting & Air Recovery Cleaner Ventilator 3.5 ton Armstrong 14 SEER AC Marine Museum 1997 100,000 BTU 97% 110,000 BTU $12,556+HST Furnace & Coil Armstrong Pro Series Furnace with variable ECM Fan Motor with new Venting & Air Cleaner 2.5 ton Armstrong 14 SEER AC Port Burwell 1994 — 57,600 Natural Gas HVAC $9,469+HST Library BTU Terminal Unit with WIFI Programmable Thermostat Public Works 1993 — Gas Fired 91% Air Make Up $87,145+HST Garage Radiant Tube Unit with 260,000 Heaters — Gas BTU I/P Heater, Fired Modine Duct, Damper & Make Up Air Unit Controls Two-Stage Tube _ Heaters Straffordville 2003 - 2.5 ton 97% 110,000 BTU $12,556+HST Library Tempster AC Unit Armstrong Pro (R410A Series Furnace Refrigerant ) with variable ECM 2003 - Keeprite Fan Motor with new Furnace & Venting & Air Honeywell Air Cleaner Clean 2.5 ton Armstrong 14 SEER AC Staff propose to leverage the funding already included within the 2018 Capital Budget-Draft for Capital Item FA-4 - $12,000 (Station 2 HVAC) and also incorporate $18,000 of funds from the Facility Reserve to bring the municipal funding to $30,000. The Municipality would seek $104,535 from the GHG Challenge Fund Program for a total project cost of$134,535+HST. Preliminary calculations estimate the retrofits would reduce the CO2e (tons of carbon dioxide equivalent) by 11.22 tons annually. RECOMMENDATION 1. THAT Report CAO-63/17 re Municipal GHG Challenge Fund be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to make application to the Municipal GHG Challenge Fund as outlined within Report CAO 63/17. Respectfully Submitted by: Paul Shipway CAOICIerk REPORT opp * CAO to °''tunny Is' TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: October 5, 2017 REPORT: CAO-67/17 SUBJECT: GREAT LAKES GUARDIAN COMMUNITY FUND BACKGROUND In September 2017 the Province of Ontario, as part of Ontario's Great Lakes Strategy, released the Great Lakes Guardian Community Fund to help people take action to protect and restore their corner of the Great Lakes. The goals of the fund are as follows: Goal 1: protect water quality for human and ecological health Examples to meet this goal include: • strengthening riverbanks to reduce erosion • students restoring wetlands to manage stormwater runoff • building fences to keep livestock out of waterways • helping property owners maintain septic systems Goal 2: improve wetlands, beaches and coastal areas Examples to meet this goal include: • youth planting native grasses to restore sand dunes • rehabilitating coastal wetlands by restoring fish habitats • organizing community events to clean-up shorelines • restoring wetlands using traditional ecological knowledge Goal 3: protect habitats and species Examples to meet this goal include: • students planting trees to provided shaded habitats along shorelines • creating habitats for wetland wildlife • restoring traditional harvesting areas by planting native species • creating fish spawning beds The Great Lakes Guardian Community Fund provides 100% funding up to $25,000 for eligible projects with an application deadline of November 10, 2017 by 5:00 p.m. DISCUSSION Staff propose for the Municipality to complete a project on the East Beach in Port Burwell to be 100% funded ($23,000). The project would entail surrounding the bio-swales and existing naturalized areas of the beach with a formalized fence structure to both protect the natural flora and fauna and to encourage dune and dune habitat creation around the same. Additionally educational signage would be placed along the naturalized areas outlining the positive impacts of the dune habitat and the functions of the bio-swale in protecting water sources. The Municipality would seek letters of support from the Otter Valley Naturalists and LPRCA. • _tea v! Ai .w. a' , r w ey`s N'is a,'P •_:.. a ‘' _7.r,,,. • The proposed fencing would be an improvement on the dilapidated snow fence and would be similar to that in Grand Bend as outlined above. The proposed project summary would be as follows: As part of this project the Municipality intends to protect and preserve native dune species (Marram Grass, Switch Grass, Indian Grass, Little Bluestem, Wormwood, Hoary Puccoon etc.) within existing naturalized areas of the beach including the two bio-swales. The proposed fencing around the naturalized areas will aid in catching and storing wind blown sand, and limit foot traffic through the sensitive areas. The fence installation would occur in Spring 2018. Followed by the design and placement of educational signage. Signs will be installed at the site, describing the project and for partner recognition. The key project activities/expected results include; erecting permanent fence around the existing naturalized areas; and, installation of signs describing the project and recognizing partners. The proposed project direct environmental benefit will create a dune, plant community. These communities are uncommon on the north shore of Lake Erie, but includes a unique plant community that provides important habitat for rare fauna like the Fowler's Toad. This community is present west of the project site at the Port Burwell Provincial Park, and to the east at Long Point. The application as stated above is grounded in background documents as follows: The Great Lakes & St. Lawrence River Systems: Physical Features & Processes `Coastal dunes may form beyond the limit of annual wave action (i.e. top of the beach). For this to happen there must be a sufficient supply of sand, a wide dry beach to allow sand transport, sufficient wind energy to move sand up the beach and obstruction such as vegetation or fencing at the top of the beach to trap sand...There are essentially three prerequisites for dune initiation and building: onshore winds, an available sand supply and vegetation' Elgin County Shoreline Management Plan The conditions at the back of the beach and adjacent parking lot are...similar to the water's edge, the area is very flat and low lying. If the beach is maintained in an existing natural state natural dune vegetation would further colonize the subject areas, encourage the deposition of sediment and raise the overall volume of sand stored at the back of the beach. This in turn would increase the flood and erosion protection provided by the beach, and enhance local habitat. A future restoration project should be pursued by all stakeholders. Port Burwell Storm Sewer Master Plan Environmental Assessment Improvements to the management of storm water addresses two important community issues. Firstly, the safe movement and discharge of storm water will reduce the risk of flooding and the potential damage or loss of public and private property. The management of storm water will also reduce the health risks associated with stagnant ponding of water which allow breeding areas for mosquitoes, possibly carryingltransmitting disease. Improvements to the system will facilitate the flow of storm water from low lying areas, to treatment areas and safely discharge it to Lake Erie or Otter Creek. Secondly, the storm water management system will improve water quantity flow and water quality, entering into Lake Erie and Otter Creek. Currently, storm water discharges into the Lake occur with limited or no treatment to reduce contamination and no reduction in water velocity. This situation increases the nutrient loading and sedimentation in the water and increases the degree of pollution in the Lake and Creek. Through the Ministry of Environment and Climate Change (MOECC) the Province has adopted Ontario's Great Lake Strategy and is committed to restore and improve the water quality in Lake Erie to ensure it is drinkable, swimmable and fishable. By constructing a storm water system that collects and treats storm water before it enters into the Lake or Otter Creek, the volume of water, contaminants and sediment will be reduced, consistent with the Province's strategy. RECOMMENDATION 1. THAT Report CAO-67/17 re Great Lakes Guardian Community Fund be received for information; 2. AND THAT Council support an application to the Great Lakes Guardian Community Fund as outlined within Report CAO-67/17. Respectfully Submitted by: Paul Shipway CAOICIerk Arippf ► ieskg„,„ 4; -maw% REPORT o ` 14- CAO �pul'tunity ISIL��► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: October 5, 2017 REPORT: CAO-68/17 SUBJECT: 2018 COUNCIL SCHEDULE BACKGROUND: Please find the proposed 2018 Council Schedule attached hereto as Appendix `A'. Please note that this schedule is subject to change due to additions of public planning meetings, special council meetings or any other additions/deletions that may occur. Meetings during the summer recess are set for July 19th and August 16th 2017. RECOMMENDATION 1. THAT Report CAO-68/17 be received for information; 2. AND THAT Council approve the 2018 Meeting schedule attached hereto as Appendix 'A'. Respectfully Submitted by: Paul Shipway CAOICIerk 2018 Council Schedule Date Meeting Time Public Agenda Items Due- 9:00 AM January 4 Council 7:00 p.m. December 19, 2017 January 18 Council 7:00 p.m. January 9, 2018 February 1 Council 7:00 p.m. January 23, 2018 February 15 Council 7:00 p.m. February 6, 2018 March 1 Council 7:00 p.m. February 20, 2018 March 15 Council 7:00 p.m. March 6, 2018 April 5 Council 7:00 p.m. March 27, 2018 April 19 Council 7:00 p.m. April 10, 2018 May 3 Council 7:00 p.m. April 24, 2018 May 17 Council 7:00 p.m. May 8, 2018 June 7 Council 7:00 p.m. May 29, 2018 June 21 Council 7:00 p.m. June 12, 2018 July 19 Council 7:00 p.m. July 10, 2018 August 16 Council 7:00 p.m. August 7, 2018 September 6 Council 7:00 p.m. August 28, 2018 September 20 Council 7:00 p.m. September 11, 2018 October 4 Council 7:00 p.m. September 25, 2018 October 18 Council 7:00 p.m. October 9, 2018 November 1 Council 7:00 p.m. October 23, 2018 November 15 Council 7:00 p.m. November 6, 2018 December 6 Council 7:00 p.m. November 27, 2018 December 20 Council 7:00 p.m. December 11, 2018 NOTE: Public Agenda Items and Delegations, pursuant to Section 6.8 and 8 of the Procedural By-law are due to staff in the specified format by Tuesday at 9:00 AM the week preceding the meeting. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-078 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE CENTRE STREET NORTH MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Part Lot 13, Concession 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 213217, prepared by Spriet Associates, dated April 27, 2017, which is attached hereto as Schedule "A", and forms part of this By-Law. AND WHEREAS the estimated total cost of constructing the drainage work is $92,600.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 213217, dated April 27, 2017 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$92,600.00 being the amount necessary for construction of the drainage works. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by a chartered bank of Canada. By-law No. 2017-078 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$46,938.00 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of$250.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Centre Street North Municipal Drain". READ A FIRST AND SECOND TIME this 17th day of August, 2017 and provisionally adopted this 17th day of August, 2017. "7,f la - MAYOR LERK READ A THIRD TIME AND FINALLY PASSED this day of . MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2017-078 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on September 7, 2017 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing IEA %-� /?5 /i CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017- 101 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RAMONA PEIDL FOR THE PROVISION OF PUBLIC SPACE RECEPTACLES AND EAST BEACH WASHROOM MAINTENANCE WHEREAS the Municipality of Bayham has placed Public Space Garbage and Recycling Receptacles at various Municipally owned locations within the Municipality; AND WHEREAS the Municipality of Bayham is the registered owner of lands known locally as the East Beach; AND WHEREAS the Municipality of Bayham operates a facility on the subject lands known as the East Beach Washroom; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for provision of Public Space Receptacles and East Beach Washroom Maintenance; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Ramona Peidl for the provision of Public Space Receptacles and East Beach Washroom Maintenance. 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF OCTOBER, 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017- 102 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN PETER AND ANNA GUENTHER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016- 047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Peter and Anna Guenther. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Peter and Anna Guenther affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 5th day of October 2017. READ A THIRD TIME AND FINALLY PASSED this 5th day of October 2017. MAYOR CLERK SCHEDULE 'A' TO BY-LAW NO. 102 SITE PLAN CONTROL AGREEMENT PETER AND ANNA GUENTHER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Plan 258 Lot 3, Concession 8, Part Lot 22, Bayham This Agreement made in duplicate this 5th day of October 2017. BETWEEN: PETER AND ANNA GUENTHER (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being Plan 258 Part of Lot 3, Concession 8 Part Lot 22 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" —Certificate of Compliance 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "A" ("Site Plan S-O") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot- mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. 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 compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of Dollars and Cents ($_NIL_). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred and Fifty Dollars and Zero Cents ($250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$ 2,000,000 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before October 5, 2018. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Dollars and Cents ($ NIL ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachment "A", the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "B" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, 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 from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this 5th day of October 2017. Signed, Sealed, and Delivered ) In the presence of ) Peter Guenther, Owner ) Anna Guenther, Owner Witness ) ) We have authority to bind the Company ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Paul Ens, Mayor ) Paul Shipway, CAOICIerk We have authority to bind the Corporation 0 CONSTRUCTION NORTH N BIAINDAINII.P.A.AIANCIPORAAAD CA A114,M., PARK PLAYGgouND a I Ex.WOOD FENCE SITE STATISTICS&ZONING DATA TABLE: 157:4 Y u.R BEM-5TWP mn. T GppSS P BRp55 eFER+ 1P EXISTING USE:RETAIL SPACE S WAREHOUSING:VACANT LAND PROPOSED BUILDING USE:RETAIL SPACE&WAREHOUSING EXISTING ZONE:HC-HAMLET COMMERCIAL(SECTION 161 gi a rd•1V I 201E REGULATION REQUIRED PROVIDED F.ni r;f. r.;, ,T• j ••"T I, LOT AREA-MINIMUM 90012 3272.00,12 3 2478153 ONTARIO INC. 212 MATH STREET WEST P.O.Bax 913 LOT COVERAGE•MAXIMUM 40% 18%± OTTERVILLE,ONTARIO NDJ 1 RC 1 LOT FRONTAGE•MINIMUM 25m 62.414u x RL:1.51 aev9.66v5 /'S� LOT DEPTH•MINIMUM 3fiN 52.934_ EmAA 1519 RSS R c. I(1 tl I A FRONT YARD(NORTH(DEPTH-MINIMUM THE ESTABLISHED 22.042 RA9P NEuw �\111 !HELMS UNE EXTERIOR SIDE YARD•MINIMUM bN N;A o i o REAR YARD(SOUTH)DEPTH-MINIMUM 643 B.90.,^_ I 53 2,N- INTERIOR SIDE YARD IEASTI•MINIMUM 4,54 13.72m Z. A iINTERIOR SIDE YARD(WEST)-MINIMUM 4,54 15.B5N'_ / A MINIMUM DISTANCE FROM CL OF COUNTY ROAD 264 31.39m Z. 1/ rK `A�. APED PEN asPHaLi PARKING AREA MUNICIPAL PARKIHD HENGHTCOF BUIOl01NG SPACE MA%IMUINIMUM NO PROVISION 45301 SMJ V A- .1 .,.:•.,i:,:,:.', GROSS FLOOR ARE.-MAXIMUM NO PROVISION 575.104 t I $/1.11'11,1 /4 $. GRANULAR AREA NO PROVISION 4N/A Ne I :�' •. ..' PAVED AREA NO PROVISION 36%:X ' A Ex.1.204 CHAINIISE(ENCE ALONG HARKING REQUIREMENTS PARKING RATE REQUIRED PROVIDED v ,t�PROPETO IJNE IE%TE[NDB MOM WOODEN OPIETDWIMIROPERTY LINELY5.5DN RETAIL STORE 1489.5421 I/2542 20 21 nr amx„u'rouwrr�(F/4.$6'w,p4nemrKr.eian. .D(4s2.7N-2.74-2.71--2.74* .]M--2.]M-2,74-2.] OF THE FgaNi PROPERTr u4[I WAREHOUSE 1135.6121 1/100m2 I 2 SWES OATFEp' P BARRIER FREE•'• 3%OF TOTAL+1 2 211A,101 11 IC 9 5 7 6 5 4 3 2 I • I ACCESSIBLE PARKING MALE _ TOTAL PARKING REQUIRED(INCLUDING 1115.1 21 23 AS PER NOTES LOADING REQUIREMENTS RATE REQUIRED PROVIDED • ;:cL; D eE PAINTED IN CE!Itfr, 9RE NCE T0.pM FROHIPLINECOMMERCIALIi27BM2 1 2ASPHALT PARKING AREAPHOT TIg6T TEDID SPACESLENA GUENTHER S TO BE PAINTED IGfACCESSIBLE PARKING SPACES ARE TO BE PROVIDED IN TWO SIZES FOR ALL NDMRESIDENTIAL USES 56967 EDEN LINE • fifi b EGRESS LANEDE O( AI TYPE A BNALL HAVE A MINIMUM WIDTH OF 3.4 N()i,2 M MND A MINIMUM LENGRI OF EDEN,ONTARIO NDJ 1Hp 1 13 14 IS I6 17 IB 19 20 11 22 23 OIHECilOATIN gN0iE PAfFIC 5.5 MIIB FTI, BI TYPE B SHALL HAVE AMINIMUM MOTH OF 2.7 M 18.9 FTI AND A MINIMUM LENGTH OF I 14.020_ i,2.7 3.7 .7 2.7 2.7 2.11 2.7 4.02M 2 5.5X(10 FTI. ACCESSIBLE PARKING AISLE REQUIREMENTS( I A PARKING AISLE SHALL BE PROVIDED PAN ALL ACCESSIBLE PARKING SPACES AND MAY BE -- - - DOUBLE YELLOW LINE TO BE PAINTED FROM SHARED OP IWO ADJACENT PARKING SPACES,IN ACCORDANCE WITH THE FOLLOWING PROVISIONS: u SpAFAI pSTPIP 3/ PROPERTCYHLINENKFENCEiC VT A)APARKING AISLE SHALL HAVE AMINIMUM WIDTH OFI.5M14.9FTIAND EXTEND THE PALL EDEN COMMUNITY CENTRE Gp. BUPJE, LENGTH OF THE PARKING SPACE. S)A PARKING AISLE SHALL BE MARKED WRH HIGH TONAL CONTRAST DIAGONAL UNES,WHICH -- �'— �'�'� -'� RENOVATIONS DISCOURAGES PARKING,WHERE THE SURFACE I6 ASPHALT,CONCRETE DR SOME OTHER 1.504 CONCRETE SIDEWALK HARD SURFACE. / EXISTING ASPHALT DRIVEWAY APRON \ .K eLAT A, ANASITE PLAN EDEN LINE CITY R044 uRN KM.w 9-O ATTACHMENT "B" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 56967 Eden Line Owner: Peter and Anna Guenther This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-103 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD OCTOBER 5, 2017 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held October 5, 2017 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by- law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF OCTOBER, 2017. MAYOR CLERK