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HomeMy WebLinkAboutNovember 16, 2017 Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 16, 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. Municipal Planning Consultants William Pol and Paul Riley, IBI Group Inc. re Official Plan Review— Background Report presentation 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 2, 2017 B. Public Meeting held November 2, 2017 Zoning Application Bartsch C. Public Meeting held November 2, 2017 Official Plan and Zoning Applications Mudge 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 2017 Council Agenda November 16, 2017 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Adoption of Official Plan Amendment No. 21 re Boeder B. Notice of Passing of Zoning By-Law Z665-2017 re Gagnon C. Notice of Passing of Zoning By-Law Z666-2017 re Martin D. Notice of Passing of Zoning By-Law Z667-2017 re Reimer 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-67/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re By-Law 2017-114 Official Plan Amendment No 22 and Zoning By-Law Z669-2017 Mudge B. Report DS-68/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application Bartsch 56087 Calton Line and Zoning By-Law Z668-2017 C. Report DS-69/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent Application E73/17 Baldwin 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Elgin St. Thomas Public Health re Ontario's Safe and Sensible Framework to Manage Federal Legalization of Cannabis B. Ministry of Finance re Federal Legalization of Cannabis C. Municipality of Morris-Turnberry resolution concerning the Tenanted Farm Tax Class Properties Being Changed to the Residential Tax Class D. Municipality of Bayham Winter Control Operations Notice E. Long Point Region Conservation Authority Board of Directors minutes of meeting held October 4, 2017 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-70/17 by Paul Shipway, CAOICIerk re Sign By-Law B. Report CAO-72/17 by Paul Shipway, CAOICIerk re Wheelhouse C. Report CAO-73/17 by Paul Shipway, CAOICIerk re 2018 Insurance Renewal 2017 Council Agenda November 16, 2017 D. Report CAO-75/17 by Paul Shipway, CAOICIerk re Accessibility Plan Update — Status Report 12. BY-LAWS A. By-Law 2017-114 Being a By-law to adopt Official Plan Amendment No. 22 regarding lands designated as "Commercial" being changed to "Residential" in the Municipality of Bayham Official Plan (This by-law follows the recommendation made in Report DS-67/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 16, 2017) B. By-Law Z668-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-68/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 16, 2017) First and Second Reading Only C. By-Law Z669-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-67/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 16, 2017) First and Second Reading Only 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Straffordville Hall Foundation re Straffordville Community Centre Outdoor Rink 14.1 In Camera A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Beattie Rd) B. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-115 Being a By-law to confirm all actions of Council 16. ADJOURNMENT IBI GROUP I BI 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 9, 2017 From William Pol, MCIP, RPP Project No 3404-OP Review cc File Subject Official Plan Review Update The following actions have been undertaken with respect to the Official Plan Review and will be presented to Council on November 16, 2017. Public Open House On March 23, 2017, the Municipality of Bayham held an open house at the municipal offices for Official Plan Review. Approximately 25 people attended the review to discuss the project. Residents were invited to comment on the display boards at the open house. One written comment was received regarding tourism on the Bayham waterfront suggesting the municipality obtain Blue Flag beach status. Other comments were received informally with an invitation to provide written comments. Notice of the Official Plan review has also been posted on the Municipality's website. Background Report We have completed a draft background report on the following issues and potential land use policy direction for various issues. Each topic describes the issue, the Provincial Policy Statement 2014, the Elgin County Official Plan, the existing Municipality of Bayham Official Plan and possible land use policy direction. These will be discussed and presented at the Council update. The following topics are included in the Official Plan review. Agricultural Policies • Supplementary accommodation for farm labour • Alternative accommodation for tourism • Agricultural Tourism • Agricultural Industrial Environmental Policies • Lake Erie Shoreline Management • Climate Change • Source Water Protection • Species at Risk IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 9,2017 Industrial Policies • Industrial Expansion\boundaries • Brownfields Redevelopment Settlement Area Policies • Community Design • Secondary Suites • Inclusionary Zoning • Cash-in-lieu for Parking\Cash-in-lieu for Parkland Official Plan Implementation (Planning Act Bill 73) • Complete application requirements • Pre-consultation requirements • Public Notice requirements • Ontario Municipal Board procedures Next Steps: • Prepare draft Official Plan text and map changes for presentation to Council in January 2018; • Provide public notice and circulate the draft amendments to commenting agencies February 2018. • Review comments and provide a final draft for Council adoption in March 2018 and submit to the County of Elgin for approval. We look forward to presenting this material to the Council November 16, 2017. W• � IBI Group William Po, MCIP, RPP Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 2, 2017 7:00 p.m. 7:30 p.m. — Public Meetings — Official Plan and/or Planning/Zoning Applicant A— Bartsch Applicant B — Mudge 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 Deputy Mayor Southwick declared a conflict in regard to Item 11.1.2-A ALUS Support correspondence as he has some ALUS lands. Deputy Mayor Southwick vacated his chair and did not take part in discussion or vote on the item. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS A. Vienna Remembrance Day Ceremony will be held Sunday, November 5 at 11:00 a.m. at the Vienna Cenotaph. B. Port Burwell Remembrance Day Parade and Service will be held Sunday, November 5 at 1:00 p.m. beginning at the Port Burwell Legion. 5. DELEGATIONS None. 2017 Council Minutes November 2, 2017 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held October 19, 2017 B. Public Meeting held October 19, 2017, Official Plan and Zoning Boeder C. Public Meeting held October 19, 2017 Zoning Gagnon D. Public Meeting held October 19, 2017 Zoning Martin E. Public Meeting held October 19, 2017 Zoning Reimer Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT the minutes of the Regular Meeting held October 19, 2017, Public Meeting re Boeder held October 19, 2017, Public Meeting re Gagnon held October 19, 2017, Public Meeting re Martin held October 19, 2017 and the Public Meeting re Reimer held October 19, 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. Notice of Committee of Adjustment Decision re Dewachter, 56862 Eden Line B. Notice of Public Meeting concerning a Proposed Zoning By-law Amendment re Abram and Maria Bartsch, 56087 Calton Line C. Notice of Public Meeting concerning a Proposed Official Plan and Zoning By-law Amendment re D & P Mudge, 27 Erieus Street 2017 Council Minutes November 2, 2017 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the correspondence items 10.1.1-A - 10.1.1-C be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-63/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator re By-Law 2017-112 Official Plan Amendment No. 21 and Zoning By-Law Z664-2017 Boeder Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report DS-63/17 regarding the Official Plan and Zoning By-law Amendments submitted by Adrian Boeder be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held October 19, 2017 associated with these applications, there were no written submissions and only the Owner oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the proposed amendments are consistent with the Provincial Policy Statement 2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law as outlined in the IBI Group memorandum of September 5, 2017; AND THAT By-law 2017-112, being an adopting By-law for Official Plan Amendment No. 21, regarding lands designated as "Institutional" being changed to "Residential" in the Municipality of Bayham Official Plan be presented for enactment; AND THAT adopted Official Plan Amendment No. 21 be forwarded to the County of Elgin for approval; AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 21 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the subject lands from the Institutional (I) Zone to the Village Residential (R1) Zone; AND THAT Zoning By-law Z664-2017 be presented to Council for First and Second reading." CARRIED 2017 Council Minutes November 2, 2017 B. Report DS-64/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application — Gagnon and Zoning By-Law Z665-2017 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Staff Report DS-64/17 regarding the Gagnon rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held October 19, 2017 associated with this application, there were no written submissions and only the Agent on behalf of the Owners made oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THEREFORE Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Randy Gagnon, Calvin Gagnon and Irene Gagnon, described as Concession 10 Lots 18 to 20 from Agriculture (A1) to Agricultural (Al-A) on the retained lands and from Agricultural (Al-A) to Agricultural (A1) on a portion of the boundary adjustment lands; AND THAT Zoning By-law Z665-2017 be presented to Council for enactment. CARRIED C. Report DS-65/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application - Martin and Zoning By-Law Z666-2017 Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report DS-65/17 regarding the Martin rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held October 19, 2017 associated with this application, there were no written submissions and only the Agent on behalf of the Owners made oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Tim and Brenda Martin, described as Plan 54 Lots 1, 2, 3, A, C & J from Open Space Site-specific (OS2-4) Zone to Open Space Site-specific (OS2- 4) Zone with additional regulations for lands at 55270 Chute Line to permit the construction of an accessory building to exclusively accommodate residential and personal use goods and materials; AND THAT Zoning By-law Z666-2017 be presented to Council for enactment. CARRIED 2017 Council Minutes November 2, 2017 D. Report DS-66/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application — Reimer and Zoning By-Law Z667-2017 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Staff Report DS-66/17 regarding the Reimer rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held October 19, 2017 associated with this application, there were no written submissions and only the Agent on behalf of the Owners made oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Henry Reimer, firstly described as 0.7 hectare parcel, from Site-specific Agricultural (A1-3) to Agricultural (A1) to permit the existing single-detached dwelling to remain in accordance with Section 5.2 of the Zoning By-law and secondly, parcel described as 3.8 hectare parcel, revised Site-specific Agricultural (A1-3) Zone in order to recognize the lot area and frontage and to prohibit specific future Agricultural permitted uses that are not appropriate due to the size and nature of the parcel; AND THAT the recommended changes to the Zoning By-law amendment are minor and no further public notice is required; AND THAT Zoning By-law Z667-2017 be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Township of Malahide re Appointment of Joint Representative to LPRCA B. Notice to Residents re 2018 Garbage Tag Pickup Moved by: Councillor Kethabaw Seconded by: Councillor Breyer THAT the correspondence items 11.1.1-A - 11.1.1-B be received for information. CARRI ED 2017 Council Minutes November 2, 2017 11.1.2 Requiring Action A. ALUS Canada re Draft letter of support for ALUS request Deputy Mayor Southwick declared a conflict as he has some ALUS lands. Deputy Mayor Southwick vacated his chair and did not take part in discussion or the vote on this item. Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Council of The Corporation of the Municipality of Bayham endorse a letter of support for ALUS. CARRIED 11.2 Reports to Council A. Report CAO-69/17 by Paul Shipway, CAO/Clerk re Association of Municipalities of Ontario (AMO) — Electric Truck Pilot Program Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-69/17 re Association of Municipalities of Ontario (AMO) — Electric Truck Pilot Program be received for information; AND WHEREAS municipalities purchase and maintain fleet vehicles in order to provide necessary services to their communities; AND WHEREAS emerging electric vehicle and hybrid technologies have the potential to significantly improve the environmental impact of municipal fleets by reducing their GHG emissions; AND WHEREAS municipal fleet managers make significant and costly decisions on the fleet vehicles they purchase and these vehicles may be part of municipal fleets for several years; AND WHEREAS more data and information is necessary to encourage municipal adoption of new green technologies and to help make decisions about the most appropriate applications; AND WHEREAS AMO is proposing to apply to the Municipal GHG Challenge Fund to procure electric trucks which will be loaned to participants in the pilot and members to test and measure usage; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Municipality of Bayham will participate in and support the AMO Electric Truck Pilot Project alongside other interested municipal governments, including by partnering with AMO in the application for grant funding from the Municipal GHG Challenge Fund. CARRIED 2017 Council Minutes November 2, 2017 12. BY-LAWS A. By-Law 2017-104 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Swantech Industries for the provision of yard maintenance associated with By-Law Enforcement B. By-Law 2017-110 Being a By-law to further amend By-Law 2015-086 a by-law to appoint Board and Committee Members (This by-law follows the resolution of Council during the regular meeting of October 5, 2017) C. By-Law 2017-111 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. for Supplying, Hauling, Mixing and Stacking Winter Sand D. By-Law 2017-112 Being a By-law to adopt Official Plan Amendment No. 21 regarding lands designated as "Institutional" being changed to "Residential" in the Municipality of Bayham Official Plan (This by-law follows the recommendation made in Report DS-63/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 2, 2017) E. By-Law Z664-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-63/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 2, 2017) First and Second Reading Only F. By-Law Z665-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-64/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 2, 2017) G. By-Law Z666-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-65/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 2, 2017) H. By-Law Z667-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-66/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 2, 2017) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT By-Law Z664-2017 be read a first and second time only; AND THAT By-Laws 2017-104, 2017-110, 2017-111, 2017-112, Z665-2017, Z666-2017 and Z667-2017 be read a first, second and third time and finally passed. CARRIED Council recessed for a short break at 7:28 p.m. and reconvened at 7:30 p.m. 2017 Council Minutes November 2, 2017 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS None 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-113 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT confirming By-Law 2017-113 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 7:44 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 2, 2017 Planning —Zoning Application Application A- Bartsch 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 SIGNED IN ATTENDEES: None 1. CALLTO ORDER Mayor Ens called the public meeting to order for Application A— Bartsch at 7:31 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT Application A submitted by Abram and Maria Bartsch THE PURPOSE of this public meeting is to consider an application to change the zoning regulations on 6151 m2 (1.5 acres) of land in the Rural Residential (RR) Zone to a Temporary (T) Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Calton Line, west of Plank Road known as 56087 Calton Line. THE EFFECT of the By-law will be to temporarily allow, for a maximum of two years, for rural industrial use on the property for the construction and assembly of mini-barns in the existing accessory building, including outdoor storage of pre-assembly materials and finished mini-barns and retail sales of mini-barns. 2017 Planning Meeting Minutes November 2, 2017 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS Councillor Casier made an inquiry regarding loss of tax revenue due to the property being residential and the time period until the change takes place. Deputy ClerklPlanning Coordinator, M. Underhill advised MPAC determines the tax class and has the ability to back date. Councillor Ketchabaw asked how long the business has existed. Deputy ClerkiPlanning Coordinator, M. Underhill advised municipal staff were notified in September 8. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the Zoning By-law be considered at the meeting scheduled for November 16, 2017; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Application A - Bartsch is now complete at 7:37 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 2, 2017 Planning —Official Plan and Zoning Applications Application B - Mudge 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 SIGNED IN ATTENDEES: Patti Mudge D. Mudge 1. CALLTO ORDER Mayor Ens called the public meeting to order for Application B — Mudge at 7:38 p.m. and asked those in attendance for this Planning Public Meeting regarding an Official Plan Amendment and Zoning By-Law Amendment to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT Application B submitted by D & P Mudge THE PURPOSE of this public meeting is to consider an application to change the land use designation on 1,011 m2 (0.2 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham; and to change the zoning on the same lands from the Central Business District (C1) Zone to the Village Residential (R1) Zone in Zoning By-law Z456-2003. The subject lands are located on the west side of Erieus Street, south of Waterloo Street known as 27 Erieus Street in the Village of Port Burwell. THE EFFECT of the by-law will be to allow for residential use of the lands with the construction of a single detached dwelling on the vacant parcel. 2017 Planning Meeting Minutes November 2, 2017 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE Deputy ClerklPlanning Coordinator, M. Underhill advised receipt of County General Procedural correspondence. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Official Plan Amendment No. 22 and Zoning By-law be considered at the meeting scheduled for November 16, 2017; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Application B — Mudge is now complete at 7:41 p.m.; AND THAT the regular meeting will now reconvene at 7:41 p.m. CARRIED MAYOR CLERK o ( , PLANNING ACT PPortunftylei° NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 21 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: BOEDER TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2017-112 on the 2nd day of November 2017 in accordance with Section 17 of the PLANNING ACT. THE PURPOSE of the official plan amendment is to change the land use designation on approximately 1,738 m2 (0.4 acres) of land from the "Institutional" designation to the "Residential" designation in the Official Plan of the Municipality of Bayham; which would allow an amendment to zoning on the same lands from the Institutional (I) Zone to the Village Residential (R1) Zone. The amendment applies to lands located at 14 Snow Street, Vienna. THE EFFECT of the amendment will accommodate a change in use of the subject lands from institutional in nature to residential in accordance with the `Village Residential' policies of the Official Plan. THE COMPLETE By-law and Official Plan Amendment No. 21 is available for inspection in the Bayham Municipal office during regular office hours. ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, Attention: Steve Evans. The official plan amendment is not exempt from approval under subsection 17(9) or (10) of the Act. DATED AT THE MUNICIPALITY OF BAYHAM THIS 6th DAY OF NOVEMBER 2017. KEY MAP MUNICIPALITY OF BAYHAM II )\ r Margaret Underhill Deputy Clerk/ Planning Coordinator I. Municipality of Bayham P.O. Box 160, 56169 Heritage Line 4 rStraffordville, ON, NOJ 1Y0 1 1 T: 519-866-5521 Ext 222 F: 519-866-3884 011 sT-- wir,A, .,:i E: munderhill@bayham.on.ca ------r-\-------\-1,‘1:... scTuNos 1ro 11115 111111.41 W: www.bayham.on.ca III� � $� -1601144 ,,� PLANNING ACT �!. NOTICE OF THE PASSING OF o ,W ZONING BY-LAW Z665-2017 BY p'p."mutt;ty ls'l©° THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: Randy Gagnon, Calvin Gagnon & Irene Gagnon TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z665-2017 on the 2nd day of November 2017 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 23rd day of November, 2017 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning regulations on 700 m2 (7,500 ft2) of lands in the Agricultural (Al-A) Zone to an Agricultural (A1) Zone and on 8.7 ha (21 acre) 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 consolidating the agricultural zoning on the two parcels, subsequent to lot boundary adjustment approval by the Elgin County Land Division Committee, file E40/17. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 3rd DAY OF NOVEMBER 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill „� N Deputy Clerk/Planning Coordinator '" Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill�a7bayham.on.ca LOT 17 1t)11.8 LOT 19 LOT 2, SUBJECT LANDS NMI 1 Qt t7 '11`d'f1YE 1 C)7 Q, �� NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Ontario Municipal Board is presently set at $300.00 by the Province of Ontario. ioNHAAr 11111111" PLANNING ACT " ThLtif° NOTICE OF THE PASSING OF pPortunityls`��o ZONING BY-LAW Z666-2017 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: T & B Martin TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z666-2017 on the 2nd day of November 2017 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 23rd day of November 2017 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. 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 by adding additional Site-specific regulations for accessory use buildings in Zoning By-law Z456-2003. The subject lands are located on the north side of Chute Line, east of Plank Road known as 55270 Chute Line. THE EFFECT of this By-law will be to permit the development of an accessory building, with 300 m2 (3,229 ft2) in floor area and 6.7 m (22 feet) in height, where the permitted maximum floor area is 75 m2 (807 ft2) and 6.0 m (20 feet) is the maximum height, limited to storage of personal items and material related to permitted uses and located a minimum of 34.0 m from the front lot line, on the subject lands. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 3rd DAY OF NOVEMBER 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill rt—[ , Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill(c�bayham.on.ca CE of kyr SUBJECT LANDS \t "i' of Vienna NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Ontario Municipal Board is presently set at$300.00 by the Province of Ontario. B042 PLANNING ACT mo I ` NOTICE OF THE PASSING OF o/�� ► ZONING BY-LAW Z667-2017 BY '°A�.r�,A, ii.k,. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: H. Reimer TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z667-2017 on the 2nd day of November 2017 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 23rd day of November 2017 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning regulations on a 0.7 ha (1.8 acres) parcel in the Agricultural Site-specific (A1-3) Zone to an Agricultural (A1) Zone and to change the Site- specific regulations on a 3.8 ha (9.4 acres) parcel in the Agricultural Site-specific (A1-3) Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Heritage Line, east of Talbot Line known as 55653 & 55663 Best Line. THE EFFECT of this By-law will be to 1) remove the site-specific regulations permitting a commercial greenhouse use; allow an existing dwelling to remain; and to have the full range of permitted uses in the Agricultural (A1) zone on the smaller parcel; and 2) amend the site-specific regulations in Section 5.12.3 recognize a reduced lot frontage and lot area; and to prohibit a riding stable and landing strip use on the larger parcel. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 3rd DAY OF NOVEMBER 2017. KEY MAP MUNICIPALITY OF BAYHAM 1 Margaret Underhill t =o Deputy Clerk/Planning Coordinator zi Municipality of Bayham 10111 L0112 Loi 13 .l.,aLot56169 Heritage Line, P.O. Box 160 g 101 ifi 1011- Straffordville, ON, NOJ 1Y0 v Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 .e..esAzi" ., E-mail: munderhill@bayham.on.ca no- 4. III 1,[11 11 SUBJECT LANDS] tl.U'I'I-4 zrij/ C ------n--------....__, J NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Ontario Municipal Board is presently set at$300.00 by the Province of Ontario. INNYHA4 43.1104.440.:..., el, ii, -%. REPORT o`�I 447114;t*;?-:,----- DEVELOPMENT SERVICES �c �p(artunity Ism°o TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 16, 2017 REPORT: DS-67/17 FILE NO. C-07/ D07.MUDG / D13.MUDG Roll # 3401-002-001-19100 SUBJECT: By-law 2017-114 Official Plan Amendment No. 22 and Zoning By-law Z669-2017 Mudge BACKGROUND: An official plan amendment application and rezoning application was submitted by David and Patricia Mudge proposing to amend the official plan designation and zoning of the subject lands located at 27 Erieus Street, Port Burwell. The subject lands are designated "Commercial" in the Official Plan and zoned Central Business District (C1) Zone in the Zoning By-law No. Z456-2003. The purpose of this By-law is to change the land use designation on 1,011 m2 (0.2 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham; and to change the zoning on the same lands from the Central Business District (C1) Zone to the Village Residential (R1) Zone in Zoning By-law Z456-2003. The subject lands are located on the west side of Erieus Street, south of Waterloo Street known as 27 Erieus Street in the Village of Port Burwell. The effect of this By-law will be to allow for residential use of the lands with the construction of a single detached dwelling on the vacant parcel. PUBLIC PARTICIPATION: As required by the Planning Act, the public meeting notice was circulated with no written comments received prior to the public meeting. The public meeting was held on November 2, 2017 at 7:30 pm at the Municipal Council Chambers, 56169 Heritage Line, Straffordville, with the Owners present. County of Elgin general procedural comments were received October 27, 2017. At the time of writing this report, no additional written comments have been received. DISCUSSION: Please reference the planner's memorandum dated September 26, 2017 as attached providing a complete analysis of the proposal. DS-67/17 Mudge 2 Staff and planner recommend approval of By-law 2017-114 adopting the Official Plan Amendment No. 22 and the Zoning By-law Z669-2017, First and Second Reading only with Third Reading withheld until the County approval of the OP Amendment. ATTACHMENTS 1. Official Plan Amendment Application 2. IBI Memorandum dated September 26, 2017 3. County of Elgin Manager of Planning correspondence received October 27, 2017 4. Draft By-law 2017-114 adopting Official Plan Amendment Number 22 5. Zoning By-law Amendment Application 6. Draft Zoning By-law Z669-2017 RECOMMENDATION THAT Staff Report DS-67/17 regarding the Official Plan and Zoning By-law Amendments submitted by David and Patricia Mudge be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 2, 2017 associated with these applications, there were no written pubic submissions regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the proposed amendments are consistent with the Provincial Policy Statement 2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law as outlined in the IBI Group memorandum of September 26, 2017; AND THAT By-law 2017-114, being an adopting By-law for Official Plan Amendment No. 22, regarding lands designated as "Commercial" being changed to "Residential" in the Municipality of Bayham Official Plan be presented for enactment; AND THAT adopted Official Plan Amendment No. 22 be forwarded to the County of Elgin for approval; AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 22 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the subject lands from the Central Business District (C1) Zone to the Village Residential (R1) Zone; AND THAT Zoning By-law Z669-2017 be presented to Council for First and Second reading." Res•ectfully Su miffed b • Reviewed by. IFF Margret Underhill ,7 pwIy Deputy Clerk/Planning Coordinator CAO lerk 10011A4 MUNICIPALITY OF BAYHAM 4 r ,� 56169 Heritage Line ���� �' P.O. Box 160 0 Straffordville, ON NOJ 1Y0 A Air v,4 °0Poptunity gsK Phone (519) 866-5521 - Fax(519) 866-3884 APPLICATION FOR AMENDMENT TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000. If the application is not completed in full, the application will be returned. I/WE, ® �- �� vkkt shall assume responsibility for any additional costs exceeding the deposited amou elated to the said application and understand and agree that for payment of said addit : al costs shall be a condition of this signed application. I also agree to accept all costs as rendered. P • •ert Owner Pa t tgl',C__-\.C.A A AA Tr\\wig e J Property Owner FOR OFFICE USE ONLY DATE RECEIVED: ? 5/!� 7 AMOUNT RECEIVED: -'P DEEMED COMPLETE: i /'//7 RECEIPT# : C7 g 0"") FILE NO: ` C -7 - 66— DATE ADOPTED BY COUNCIL: Prepared Feb 2016-revised Mar 2017 Municipality of Bayham Official Plan Amendment Application Page 2 1. Registered Owner's Name: CkAV s.tX 6I• C A ( �GY 2 -t( AtAAA_Kklq Address: :2)(-4 CA ACecc, LIA rlQ Q 6- fid Q E( CO . :11 Phone No. (Home): ro(-r-14.%4 - tic e c4 Business: ra ;j t3t-S��1-( X/ Fax: (,c-(- ?'0(- Email: rmuc r e_n€w C-0 WA Lot and Concession (if applicable): 2. Applicant/Authorized Agent: Address: Phone No.: Fax: Email: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested: Concession: 4., Lot: Roll # 34 - 01 - -CO; Reference Plan No: Part Lot: Street and Municipal Address No.: c4.77 L ej.,&_c eek Po rk- 4. Size of property which is subject to this Application: Area: f(((.> `7f m2 Frontage: 0 . m Depth: 5-0 ‘& m 5. Does the proposed amendment add, change, replace, or delete a policy/schedule of the Official Plan? Add ( ) Change (K) Replace ( ) Delete ( ) I If so, policy/schedule to be added, changed, replaced, or deleted: t,d,. Attach separately the requested additions, changes, or replacements. Municipality of Bayham Official Plan Amendment Application Page 3 6. Does the proposed amendment alter a growth boundary of any settlement area? Yes No If so, attach separately justification for the request based on the current Official Plan policies. 7. Does te proposed amendment remove land from an area of employment designation? ign\Lic If so, attach separately justification for the request based on the current Official Plan policies. 8. Existing Official Plan Designations: a it,A.et-e,L14 Land Uses Permitted in existing Designation: ts, N- tt� ;at 9. Present Use of subject lands (Be specific): Va o6 -- 10. Proposed Official Plan Designation: j \ -5'�. A ' 11. What is the purpose of the proposed Official Plan amendment? Municipality of Bayham Official Plan Amendment Application Page 4 12. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) re-oam ✓ 13. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( )c) Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage a z Provisions: Proposed Outlet: Municipality of Bayham Official Plan Amendment Application Page 5 14. Is the subject land or land within 120 metres of it subject of an application under the Planning Act for: Minor Variance ( ) Official Plan amendment ( ) Consent ( ) Zoning By-law amendment ( ) Plan of Subdivision ( ) Site Plan ( ) If yes to any of the above, indicate the file number, name of approval authority, the land it affects, purpose, status, and effect on this proposed amendment. 15. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 44, st;tek elg ' 16. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) Survey plan, or a sketch based on an Ontario Land Surveyor description of all lands in the Owner's possession in the vicinity of the subject application with the lands covered by this application outlined in red, and showing the location, size and use of all buildings and structures on the Owner's lands and on all adjacent properties. Municipality of Bayham Official Plan Amendment Application Page 6 (b) Large scale detail plan of the proposed development, showing the location and type of all buildings, setbacks, number and floor area or dwelling units (if applicable) the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses. (c) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council consideration of the application Municipality of Bayham Official Plan Amendment Application Page 7 I/We, ti'veN. . . .__r . is ,i • the L A. \ ,l'A Name ' Town/T nship/CityNill ge etc. of . .I ,4p, in the county of , do solemnly declare: Mt' cipality Name V County Name (i) that Iamb re the owner(s) of the lands described above (ii) that to the best of m lour nowledge and belief, all of the information and statements given in this applicationand in all exhibits transmitted are true. (iii) that IIWe hereby appoint----- ---_ to act as an Agent on my/our behalf in all aspects of this application n — . Owner(s) Signature: `,-1- .,, And make this solemn declaration conscientiously believing it to be true, and knowing that it is o a same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: (y. v,,,,,,..* , l /G�` '' ct),2a 4 / of /�C%✓�/,Z�GL7�" Own9!Agent )1'i- in the County/Region of: (: ?-t...- this L day of yC 4'-r` 20 (7. Owner ,Agent /f.ice'(C=�,,'Zai'" A Commissio Owner I Agent mitt. I T UNDERHILL,a Commissioner® eta Deputy Clerk of the Corporation of the Municipality of Bayka li o , ' / 1 d' r '• 0999 0123 25in 00 N 25 N O N p 6. 1_ ____.1_, . , _ ...0..k, ` ... 01124 0122 P. 2 24 11R4709 W 0127 4..---111-------_,— ,. ._,.u1-_,—....,.r..._.,.— a 0 O. CIG t9 23 011314.1 ? 14.1 CC U.- 0126 5'0\ 0114 ',.` \ 0120 L.. : $ N 22 1186776 .(2.�`�'� - �",•• o p N ......... c.i.c.. _. cF. 11R9 772 0115 ; 0118 0119 ;�{ 0 o d 21 '� 29 i. 21 l :: d IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date September 26 2017 From Paul Riley, CPT Project No 3404—672 cc William Pol, IBI Group Subject David and Patricia Mudge- Application for Official Plan and Zoning By-law Amendment-27 Erieus Street, Port Burwell 1. We have completed our review of an application for an Official Plan and a Zoning By-law amendment, submitted by David and Patricia Mudge, for a parcel located at 27 Erieus Street on the west side south of Waterloo Street in the village of Port Burwell. The applicant is requesting an official plan and zoning by-law amendment for a 1011 m2 (0.2 acres) parcel of land to change the designation from "Commercial" to "Residential" in the Official Plan and to change the zoning from a Central Business District (C1) Zone to a Village Residential (R1) Zone to allow for residential use. The subject lands are designated as "Commercial" on Schedule "D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham and the lands are currently zoned Central Business District (C1) on Schedule "I" Port Burwell in Zoning By-law Z456-2003. 2. The parcel has a lot frontage of 20 m (67 feet) and a lot depth of 50 m (165 feet). The land is vacant and flat. Surrounding land uses are residential to the north south and east. There is a cluster of commercial businesses to the south along Wellington Street and the main commercial corridor is along Robinson Street one block to the west. Although the abutting parcels are also designated and zoned for commercial use, single-detached residences make up the majority of land use. 3. The proposed amendments must be consistent with the Provincial Policy Statement 2014 (PPS). Section 1.1.3 indicates that settlement areas shall be the focus of growth and development, and that regeneration shall be promoted. The subject lands are located in a settlement area and the change from a commercial use to a Residential use increases the residential density in an area where there is no demand for additional commercial uses. Section 1.1.3.2 indicates that land use patterns within settlement areas shall be based on several criteria, including efficient use of land and resources. The proposed development is an efficient use of undeveloped land in a built up and serviced area, avoiding any unnecessary use of resources elsewhere. Therefore the proposed is consistent with the PPS based on promoting efficient growth and intensification where infrastructure exists within a settlement area. 4. Elgin County Official Plan Section C1.1 encourages the enhancement of the character and identity of existing residential areas and promotes the efficient use of existing infrastructure. The proposed redesignation to residential would enhance the character of the area by adding to the residential building stock. It would also create intensification in an area with existing infrastructure in an existing built up area. Therefore, the proposed is consistent with the Elgin County Official Plan. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 26,2017 5. The Official Plan of the Municipality of Bayham Section 4.5 sets out the policies for Villages. According to section 4.5.1.2 residential land use is permitted in the Village of Port Burwell. Section 4.5.2.2 indicates that the Municipality supports residential intensification on under- utilized lots in residential designations with full services. Section 4.2.4.1 encourages intensification and redevelopment in settlement areas on underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Based on the above sections the proposed changes are consistent with the Official Plan. 6. The Municipality of Bayham Zoning By-law Section 10 Village Residential sets out the zoning requirements for the R1 zone. The parcel meets the minimum lot frontage and lot area requirements of the zone and a single-detached dwelling is a permitted use. Therefore the proposed amendment conforms to the Zoning By-law. 7. Based on our review of this application we have no objection to Council approval of the requested Official Plan and Zoning By-law amendment. frf a ti D J`1� IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham ElginCounty October 23, 2017 FIECEIVr, Margaret Underhill OCT Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 Dear Ms. Underhill: RE: Proposed Official Plan Amendment No. 22 to the Municipality of Bayham Official Plan Applicant: David & Patricia Mudge Location: 27 Erieus Street, Port Burwell The County of Elgin received notice of a public meeting regarding the above noted Official Plan and Zoning by-Law Amendment and wishes to provide the following comments: 1. Council should be satisfied that the proposed amendment is consistent with the Provincial Policy Statement and that it conforms to the policies of the Elgin County Official Plan. 2. Council should be satisfied that the re-designation of the subject lands from "Commercial" to "Residential" is properly justified through planning reports in support of the Official Plan Amendment. 3. If Council adopts this Official Plan Amendment, the County as the Approval Authority shall be notified within 15 days in accordance with Section 17 (23) of the Planning Act. In addition, Approval Form A shall be submitted along with other prescribed information. Note: A planning fee of $1,000.00 is required (payable to the Treasurer — County of Elgin) under the Elgin County Fees and Charges By-Law. 4. In accordance with Section 17 (40) of the Planning Act the Approval Authority has 180 days in which to render a decision after which an appeal can be made to the Ontario Municipal Board. Thank you for the opportunity to provide comments and if you have any questions please contact the undersigned. Yours truly, d,-e '1/1'1 Steve Evans County of Elgin Administrative Services Manager of Planning 45OSunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature AMENDMENT NUMBER 22 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 27 Erieus Street, Port Burwell The following text and map schedule constitute Amendment Number 22 to the Official Plan of the Municipality of Bayham 1 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 22 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2017-114, in accordance with Section 17 of the PLANNING ACT, on the 16th day of November 2017. MAYOR CLERK 2 BY-LAW NO. 2017-114 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 22 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 22 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 16th day of November 2017. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-114 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK 3 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 22 1. PURPOSE The purpose of the official plan amendment is to change the land use designation for 1,011 m2 (0.2 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from a Central Business District (C1) Zone to a Village Residential (R1) Zone in the Municipality of Bayham Zoning By-law. The amendment is intended to accommodate a change in use for a vacant commercial parcel to allow residential infill development. 2. LOCATION The area affected by this amendment is a rectangular parcel of land located on the west side of Erieus Street, south of Waterloo Street in the Village of Port Burwell and known municipally as 27 Erieus Street. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an underutilized commercial use. Due to the lands being vacant, since a fire destroyed the original residence in the late 1970's, there is an opportunity for development on the lands. No commercial business has developed the lands for a number of years due to the lack of commercial demand in Port Burwell. The proposed redesignation of the subject lands would meet the intent of Section 4.5.2.2 that supports residential intensification in villages on underutilized lots in residential designations with full services. Furthermore, the proposed meets the intent of Section 4.2.4.1 that encourages intensification and redevelopment in settlement areas on underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Based on the above sections the proposed change is consistent with the Official Plan. The application is deemed to be in accordance with the Provincial Policy Statement 2014 (PPS) and the Official Plan of the County of Elgin. PPS Section 1.1.3 indicates that settlement areas shall be the focus of growth and development, and that regeneration shall be promoted. PPS Section 1.1.3.2 indicates that land use patterns within settlement areas shall include efficient use of land and resources. The proposed amendment is consistent with the PPS based on promoting growth, intensification and efficient use of land and resources where infrastructure exists within a settlement area. Elgin County Official Plan Section C1.1 encourages the enhancement of the character and identity of existing residential areas and promotes the efficient use of existing infrastructure. The proposed redesignation to residential would enhance the character of the area, by adding to the existing building stock. It would also create intensification in 4 an area with existing infrastructure in an existing built up area. 4. DETAILS OF THE AMENDMENT a) Schedule "D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Commercial" to "Residential" those lands outlined and marked as changed to "Residential" on the attached Schedule "D", which shall constitute part of this amendment. b) The lands subject to this Amendment and designated "Residential" may be used, developed and zoned in accordance with the "Residential" designation policies of Section 4.2.2 and 4.5 of the Official Plan, as amended. 5 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE 'D' I ` SII %��jy. PORT BURWELL: I . LAND USE and CONSTRAINTS _ tilj /04 LE 97 ,r", 4. �—' A''.,.. // !. f Land Use V' r V' A �f,`V" ! ; Residential !` / 1—a /44 ��, °' ` A t-- Harbour Residential/Commercial : = Multi Unit Residential ', �1� —,.,, ,, - Commercial ����� I r% / *4, A• —' -.. ;r Institutional \� -\��i F F /; J/� 6 • I .y.s h - Industrial L ��. _ j / � . wsl.�ri• �C, ,k Open Space ``,•� '��, � \ '��/ i•,_-•. - �- �c°, MN Conservation Lands N.��` �. \ esr� ') Specific Policy Areas �� _ / Qonstralnts ��`.. 1 \� 1], ,__1 — �i ►ice ,�. \ ` ®r'.. �:<��/�j�i� CT Hazard Lands I e.�� �'—�_ / / !_":1-ii i. +, �",���'�/,0' Sewage Treatment Facilities •1��� l\.^ j / ,..c7(10,111•0 � � �,y��; � • Existing Petroleum Walls 4 \ v' I � �I% I;/� d/� Base Features •• / V, ,.�-,r.- ��� ��1���, i — County Roads ,e• 4— At- — Local Roads J SUBJECT LANDS CHANGED �J 1 FROM"COMMERCIAL"TO � � "RESIDENTIAL" g,�� SPECIFIC POLICY AREA NO.2 / Lake Erie TWE • w )� s a 0 125 250 500 L'56' �•, Metres 3 1:10,000 g Schedule'D'forms part of Official Plan 8 of the Municipality of Bayham and must be read in conjunction xtth the written text. I May 2017 1w4,111HAilf MUNICIPALITY OF BAYHAM pp �*0,‘ 56169 Heritage Line .td� ��� P.O. Box 160 0 drillillwv Straffordville, ON NOJ 1Y0 pori'uni#y Is' Phone (519) 866-5521 — Fax(519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) or $1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, y� �, etct.l . A._ R shall assume responsibility for any additional costs exceeding the deposited a nt related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. --E,-4--i) ''' - '1? Vr'->11;-4--*-"7 % Property_Owner j____ lik PGAa,,-,C\ me \& .QS?.� Property Owner FOR OFFICE USE ONLY t DATE RECEIVED: .5;110 9` / e 1 AMOUNT RECEIVED: ` ® � � DEEMED COMPLETE: / 3//0 RECEIPT# : (900 gC � FILE NO: 17-) t 3 ' ' "bCT DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's pp11 �� �`I '- Am.Q_ ���� �Name(s): NW'S IV3.1-tiatA PCS` cA l�ltAc ciX: Address: 214 t �CS4 c.3� , '� r ( L Phone No. (Home): I9—y,4`(�-Q 090,.( Business: 0-6 "t_t Fax: A_Cz--?.C1 bio Email: pr Je Y1c i cww. Cann Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. N 0 2. Applicant/Authorized Agent: Address: Phone No.: Fax: E-mail: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested Roll # - k Vett (X Concession: Lot: Reference Plan No: P 1,0A Part Lot: c , Street and Municipal Address No.: a (✓��Q-� � - `�J" �.`�- u-51` .- What is the size of property which is subject to this Application? Area: Off, l m2 Frontage: ° m Depth: m When were the subject lands purchased by the current owner? __1_. _ (�i cL Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: COON How does the application conform to the Official Plan? _0A, 9 5. Existing Zoning By-law Classification: rl �� e�' �� What are the current uses of the subject lands? akr If known, provide the length of time these uses have continued on this property. tqc o - dam' a.. ', is 10. er1(0 Or' 1918 tk Ai® If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. 2_0m C.A. VI Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? ( e. --le k4DLA.A.-k. d, o,.._ get-4,4-4. ev-&-- ,---4,1 '4 _e',4 -- rec.i,ke4,02.i 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes o adjustment of a settlement area? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes IVo If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) - - , H For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks pj d R&INANAZ.C., ‘Ae1 VA. lift -link . li��J�� 409 Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) `g Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: ET:vkkk_S-k" 0-0-r°114r6k pta.Ag---\ Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( ) Municipal Road — maintained all year oc ) Municipal Road —seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. a 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? ).--Pclodt 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 ,/' 20. this application is to accommodate the consent of a surplus farm dw ' g, please providethe following information: �.�- Date surplus farm-dwelling was erected: Please provide the assessment roll num.- , ocation, and zoning of the farm parcel with which the subject lands are being consolidat-e Roll # - 01 911 Address: '"�� Zonin•. ' assification: -- \ e I/We, ► .�t ` . � gt 'ti,; I',-t__ of the `a A kAajki,q Name , Town/fm ship!Cit:yNiilag .etc. „ ten' the County of A' do solemnly declare: M (a ipality Name County Name (i) that I/111Pe am/are the owner(s) of the lands described above (ii) that to the best of my/ I' knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby-appoint to act as an Agent on my/our behalf in all aspects of'this--a plication. Owner(s) Signature(s): )-(.-7:: 1\:1/4, V • < . %%� It Andmake this solemn declaration conscientiously believing it to be true, and knowing that it is o e same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: f'! 0 _ 7 !/ y _ _ _r of /()6 yi ham r Owner(Agent in the County/Region of if this � J " day of ..._... "---,4,7772647---- 20 17 '-- r'/ Owner/Agent - " 9 / ,9 / / A Commissioner, etdJARGARET UNDERHILL,a Commissioners, etc, Deputy Clerk of the Corporation of the hirdeipulit f of Dey ac, ___,,,....,.„,,,..;,.„.„.„..._,__________....,,,,.:_,....._...„_.„________....„___„....._. i 0123 0111 25 u, F gig N o, 25 1 00 i g'..4.''''C.K-... . ' ' ' . I. .Q `f _ E 0112 1 0122 - h n. 24 1. 24 ,, 11R4709 Z 6 W 5 0127 r_ 'wun..�rn....--+rr. ..u.+nn-exxrr.w..w. ..�......nwrc..«,w.s-n.rv.x ..n».�..vnru.rxm - Y to} 23, _.. V ''' 1,,...:t:':!'.'::.:,'.:::::.:1,1!..:::;.,i;':..;:li,:',.;.1.:: ::',:'''.1...'1.1::::':':::::,I,::::.,,I::,::.::,.1.:1,....,,?::',1:01:,,:l.:,.....:::,:il CC r 23 0113 , W wX ta 0126...' ,..1 Lu m M ;5'0 l CIV. P.,e_ ..,:•,-1,e.$).___ LA-S 0114 0120 N 11R6776 % I2......62.14„\e4o 22 � �,, N ti 6 N P `�' I k 1 11R9772 •co `_� 0115 01180119 r I, 0 21 t 21 F i''. 21 t THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z669-2017 MUDGE BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "D" Port Burwell by changing the zoning symbol on the lands from Central Business District (C1) Zone to Village Residential (R1) Zone, which lands are outlined in heavy solid lines and marked R1 on Schedule "D" to this By-law, which schedule is attached to and forms part of this B-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 16th DAY OF NOVEMBER 2017. MAYOR CLERK F NALLY PASSED THIS _ DAY OF 2017. CLERK g SEE SCHEDULE A-MAP No.14 ' 1 '' 7:''''''''4%:%%%'''-'-''r--7,,' il C SEE SCHEDULE A-MAP Na.13 f .- I vg I'A' , l 7 �, ' X51 s v .I ,",r., u ;. LB , BYE ST a �N SEE INSET MAP 11 \ iii, 1 INSET MAP R1 F 1 f -.-.)1ATERLoo ST- -- ...._ -. r_ 3 4 1 a, z f w gg WRLLTVGTONST `.-,, c ti 1 \ w a • -,1 s 1 / r - 5___ 1 ,\ . .__ Arm's — MUNICIPALITY OF BAYHAM SCHEDULE I Legend PORT BURWELL t LPRCA Regulation Limit ao 200 400 Metres ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 vAYHA4 REPORT / /- „pc_ 471E/Art-unity o��y DEVELOPMENT SERVICES �' unity IS TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 16, 2017 REPORT: DS-68/17 FILE NO. C-07/ D13.BART Roll # 3401-000-002-16002 SUBJECT: Rezoning Application — Bartsch 56087 Calton Line and Zoning By-law Z668-2017 BACKGROUND: Abram and Maria Bartsch submitted a rezoning application to rezone their property at Concession 4 Part Lot 15, known municipally as 56087 Calton Line. A public meeting was held November 2, 2017 with no public comments received and no persons making presentation. At the time of writing this report no additional applicant or public comments have been received. The purpose of this By-law is to change the zoning regulations on 6151 m2 (1.5 acres) of land in the Rural Residential (RR) Zone to a Temporary (T) Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Calton Line, east of Plank Road known as 56087 Calton Line. The effect of this By-law will be to temporarily allow, for a maximum of two years, for rural industrial use on the property for the construction and assembly of mini-barns in the existing accessory building, including outdoor storage of pre-assembly materials and finished mini-barns and retail sales of mini-barns. DISCUSSION The application appears to not be in conformity with the Provincial Policy Statement (PPS) 2014 due the potential to create a nuisance to neighbouring properties; non-conformity with the Bayham Official Plan due to noise, traffic and visual impact of outdoor storage; non-conformity with the Bayham Zoning By-law Z456-2003 as the proposed temporary use does not comply. A complete analysis is provided in the planner's memorandum dated October 19, 2017. Based on the application review, staff and planner do not support the application as presented for a Rural Industrial Temporary Use (T2-6) zone for the lands. Staff Report DS-68/17 Bartsch 2 Option 1 recommendation reflects the staff and planner's comments. Option 2 is provided for Council's information should Council consider the proposed temporary use acceptable and is based upon the considerations noted in the planner's memorandum Section 9. Additionally, the proposed property development is subject to Site Plan Control By- law 2016-047 requiring the Owners enter into a site plan agreement with the Municipality in order to control measures regarding access, traffic circulation, parking, loading, buffering and storage areas. ATTACHMENTS: 1. Rezoning Application September 19, 2017 2. IBI Memorandum Dated October 19, 2017 3. Draft Zoning By-law Z668-2017 RECOMMENDATION Option 1 THAT Staff Report DS-68/17 regarding the Bartsch rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 2, 2017 associated with this application, there were no written submissions and no persons made oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the Council of the Corporation of the Municipality of Bayham take the following action with respect to the application by Abram and Maria Bartsch relating to the property located at 56087 Calton Line: The request to change the zoning on the lands from Rural Residential (RR) to Rural Residential —Site SpecificTemporary Use (RR/T2-6)Zone in Zoning By-law Z456- 2003 to permit the manufacturing, retail sales and outdoor storage of mini-barns for a period not exceeding two (2) years BE REFUSED for the following reasons: 1. Non-conformity with the Provincial Policy Statement 2014 (PPS) Section 1.2.6.1 Land Use Compatibility—the proposed temporary industrial use on a residential parcel in an agricultural area has the potential to create a nuisance to neighbouring properties 2. Non-consistency with the Bayham Official Plan Section 8.15.3.2 Temporary Use By-laws Permitted Uses due to noise, traffic and visual impact of outdoor storage and the potential to negatively impact surrounding parcels 3. Non-consistency with the Bayham Official Plan Section 2.1.1.2 — proposed use is not listed and uses that contribute to noise, traffic and visual impact Staff Report DS-68/17 Bartsch 3 of outdoor storage are not permitted as they have the potential to contribute to land use conflicts 4. Non-compliance with Bayham Zoning By-law Z456-2003 Section 26.2 Supplemental Regulations as the proposed temporary industrial use does not comply with the Rural Residential (RR)Zone Option 2: THAT Staff Report DS-68/17 regarding the Bartsch rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 2, 2017 associated with this application, there were no written submissions and no persons made oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Abram and Maria Bartsch, described as Concession 4 Part Lot 15 from Rural Residential (RR) Zone to Rural Residential —Site Specific Temporary (RR/T2-6) Zone for the temporary use of the lands for manufacturing, retail sales and outdoor storage of mini-barns for a period not exceeding two (2) years, ending November 16, 2019; AND THAT the lands are subject to Site Plan Control requiring the approval of a Site Plan Agreement prior to Third Reading of the Zoning By-law; AND THAT Zoning By-law Z668-2017 be presented to Council for First and Second Reading only. Respectfully Submitted by: Reviewed by: , /W/ Margaret Underhill P. ,a1400111 Deputy Clerkplanning Coordinator CAOICI-, vvOR44,1 MUNBCiPAU r1 Y OF BAYHAM Z 56169 Heritage [bane thrit 4iiiiio, 4' P.O. pox 169 ��` 0 Strreffi'r�..rdviiie, ON N®J 1V© P flI. ,t� o Phone(519)866-5521 - Fax(51i 9)866-38641 APPLiCAT ON FOR AMEN CC MENT TO THE ZONING BY-LAIN •F ," `` ^. 4� !' fix . THE lifiUNOCOPAU rl Y OF BAYHA 9 This application must be filed with the Deputy Caerka/PBannong Coordinator or designate of the Vilivanicipelaty of 8ayham along with a cheque ffor the required amount. The applicant should retain one copy for their records. The information On thus form must be oompieted an full. This man 'et y information must be provided with a fee of$2,000 gonang Bey-law Amendment or Temp<orrary Use Zoning Bay-law) or X500(Temporary Use Zoning Bey-law Renewal) or;1500(Zoning Amendment to Remove Holding Provision). Of the application as nit completed an full, the application will be returned. OIWe, Asac>,A Siker- cAMt A %stA shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application, i also agree to accept all costs as rendered. r)E 1; !..- 1 V t:D —e/ife,v-,. ' -co-7-,(€414:7-Z Properly Owner MUNICIPALITY itAYNA? -a. Pr,..perty Owner 4c 000 - /6.00 �� FOR OFFICE USE ONLY ��'' .3%�0 o •ATE RECElVEG: )O /, 7 AM c•;UUT RECEIVE®: -- m _ d DEEMED COMPLE d�: COC ni r:ECElPT 0 : `` "? (1,26,-) -; FILE NO: 1:f,"3 - / ,i.9/, s DATE -DO:'TED ,Y COUNCOL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): AQrtP -'t eAB15c \ MPrc.tN t3Al2'cc.N Address: Scooeb'I- GAL'fors -"NE gV:1 �� l vwa O 3 3C l "Te-,.c) - ;,- Phone No. (Home): 519-5T* -SSS Business: Fax: Email: oebroty•etw.rkst-h€ cJ,MQ•\. LOM Lot and Concession (if applicable): C.opc.E-SSiw ?RCL'i LO-r 15. Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. NSA 2. Applicant/Authorized Agent: a'►arc'C WE.to Ido Pt h Address: In-- - vA cx‘AaLo1-rewL4..E E 1/1-4 L..L ) aN ,kioE-i wb Phone No.: 5v\- t-110 -5cL S Fax: E-mail: mo. h2whoAcotibe cma�l. corn Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (X) 3. Legal Description of the land for which the amendment is requested Roll # 3'-1 - O1 -ono - OO2 - tlsoOZ Concession: y Lot: NIA Reference Plan No: ( ) p1(�35 v1-911 Part Lot: 15 Street and Municipal Address No.: 5t0 o GAt--ToN L.1NvE What is the size of property which is subject to this Application? Area: 40 m2 Frontage: het.00\ m Depth: 2 3.9 S m (.91St ,2.p When were the subject lands purchased by the current owner? JAL' t Zo pc Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: pt Ciro cu L7 u Q.E How does the application conform to the Official Plan? RO t_- IniOuS"F;21FFL. USC 5. Existing Zoning By-law Classification: gta&Kt— R,estoe?N1%AL (Q,(...) What are the current uses of the subject lands? tRe•Sto tai. �0t tLetPt( e ag_ esAiNo Gptatio Cows-VrtUcrooio )!ea5ENaeoi ReAtfL s%AOP , If known, provide the length of time these uses have continued on this property. Auc,us i Zot' If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks !-louse. Z1,.4bP .1-to 19.50 ,. >5M 244,3% 5HnP 51.106%4 3.96M 50.29ta4 21/4.1.76ma %2.1Q\ If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. �5�� :SSC Ti wc'7'af:l/9Ee /3 �tS ()era 5eL'itoh3 Ft12Mt"T$13 km ES - TO ALLOW foe T veTioM • SS �"0 Q%l.tN t a(31 2N% PN -THE EX‘S T!/uC1 Si4O r ON "Ti-t efLOP e2TY. R€Qu V f^otZ OPEN S"`t2Acl E Of M IN I e(;fktZNS . R&tivE5 . ievo..)s-TrztPk-L U5t. rote. A 2. ie C;(2-oO • -VIXUA)INCI ���lt_ SLS of PtsSF Bt-En Mtnpt -GAWP . Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? flioE FOt)IvPr1 eAD rutEN1 &cDNIN IVrEt2EArr `7T+Pt -Tovoti.piI' `t'0 eeCtArC coNknketZC.IAL E• W 00T To STM Vr�14.-C t$t kt 131 t_1k-uu b 1/4Ans-s-Loov''S 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes t® adjustment of a settlement area? t4O If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. S. Does the proposed amendment remove land from an area of employment? Yes NO If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) P�2.r-ArrreD 05 I S For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a I Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( X ) ( X ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) ( X ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and hydrogeological report. Are these reports attached? P 9� If not, where can they be found? Storm Drainage Provisions: Pi Ar- Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway( ) County Road ( A) Municipal Road—maintained all year( ) Municipal Road—seasonally maintained ( ) Right-of-way ( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent(X ) Zoning By-law Amendment ( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. Rec.tp►r evF DoT p oA-not-4 'Pty OPP2oveD . °ESet 0 O -0 FROCliCi D 2.e• oNeIQ w SfrsMs TIME TO 12.2 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? NI A. 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? NO Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council '1-11E" PSsf OLD ttcico12.1 6 LOuvcS of ettfromDA t5 A emsoK3ess t2vw fay Age.- Qiatrrsct} . ALL Ate LetiAt t Y uro rnl9 INN() W5\15 lN9vttfwee tg iN ' -E, cat-invert tp . 1N90 -' iS ALSO IN P11109e - vJae-uPkftee 9T ;Ptrel7 (AZmceQulL1 dt2E ¶ oL�.®cMec,. Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated. Roll# 34 - 01 - 911 Address: Zoning Classification: i/We, [\f\(,f (r`Nt).a )6„Q , of the \J ,cwn!Township/Ci ylViik ge etc. of , in the County of I\1044(0 , do solemnly declare: I 'll Nam-) County Name (i) that I/We am/are the owner(s)of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint 1-iFt.1.11/Ety.1 t 'tPctrq to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s): 5'eE 11/4-clht-AEO S Chop t- Z . And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtu 4 t e "Canada Evidence 1.Act". l )� DECLARED BEFORE ME at the: ] / Tr -iL l 'Ail of « '. Owner Agent in the County/Region of � ' 11 t this day of ,- -r 20 /7 . Owner/Agent A Comrriissioner, etc. September 1, 2017 To whom it may Concern, We,Abram Bartsch and Maria Bartsch give permission and authority to Matthew Hoag to act on our behalf as agent in the matter regarding our Bayham County zoning amendments from initial application,throughout the approval process and finalization. Our address is 56087 Calton Line, Con 4 Pt Lot 15. Roll#34-01-000-002-16002 Thank you, Ath.e/k Abram Bartsch Maria Bartsch 5k0c�%-k G P\L-To ra L.1 E (Zc Atitzu. 5L1,0t2P.L OLt.. t& •3.-1 P®> ---004 a OO2.—( fad.. mONaNLt p • `Coll £\- e PLA>\ *ay 4:4 50.15m ti5td 6°.t... .Fj rji �wSa PrN-11KL , i: �i�NeNc'1 'Iv 111:i Zotd 9NCn Ealy ; 542c%i #33.ta t®m ih.4 t2 14•tiC:10A 33,63 tcx%siL �� �1A \• � t•�. 5"tatASE 2 '• A y I 11 `r/ 4 ' `1 ' P • r •`� t t �i4+ 1 v0 > ter. e.,. t Aa 6eRL leu r `. attarov� a / - m . d `t esi taV- ( d. d ,. e Se4a.fec _t �± GHQ �1S 24.2.®wy :Is e ,:. . i ° 1'.0 ai t • ave ((`4.4 B ,� t (IV ��yy • t'� b l • Offl. i 1 • t,i' . • a I ,.. i ".;:1 QyM �y) �.© 22.134.9 p..4% (o. C)^4�,... Js"',,.0,1 // ----..........--,t-....„. ~s- - ,;._ �q , ,t Cid 6147,1 ~' Atlee I 5.51 ` = - s X 1- ill gi ki ® TS!,13 L dna I rig 2- I at��} oma' 4- T� ,i`2', / T Ihrz -'a_3e T al PAR ', / �. '� a? PAR b� *F 11. 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BEARING REFERENCE REWIRE THIS RAN To p 1 1�g,/39 BE..ARE ASIRONOMC MO ARE REFERRED TO THE NESTER,, BE oEWSPN t 3 RECEIVED AND DEP05RE0 C UL4T OF PLAN NE JN PIAN 11R-2512 AK REWIRE ACI O AE wNaD A 'FT y: waE:lovenc(aFia4 D51E'.xO.EYBFR 25.2004 / / \ ie �� 04/7.0 F s s N D0 MDQ qUW NNr(8 P "41;)-''. .7011, DT, TO 7 O i oNVJdD L01D 5UMf1'IXt FOR THE REGISTRY DIMON OF ••'-ZPT\�7- ?�9D>y' L,i t., 8 * B ELGIN.b.l t 2 , - ��YLi - �"`` Ac, ? `S 31 SCHEDULE . , i I `` � � `��„,,,, `pQ ;1 FART LOT CONCESSION 111577.No. AREA IN ACRES 1 -✓R+4� C/884,„__ 1 W 0 1 PART OF LEN 15 272952 0.927 ,Im CD.eIA' £ 1 S 2 PART Ci LOT 15 4 271952 0.994 esxyy +v CrQS R 0 � 5 PARr O<LOT 15 4 271952 0.070 0 5 �'\`__- µDS 6 1 b D, fz TUU+I v o eL»"L '"' PARI Z x '21 '°9?T` 6 4,o, I +° By.S PLAN OF SURVEY H$ ,,,,R, ''ai � rc�,0 I OF PART OF S °,77,9 !I's, ''''<,,,,.,,,,,,,,,, i LOT 15 \ pp� o ^ CONCESSION 4 $i I GEOGRAPIBC TOWNSHIP OF BAYRA1A N N-9,,P., z I ',Poo,: TOWNSHIP OF BAYHAM 1 R 1 COUNTY OF ELGIN l AR.,-U •_"i. �z•zs• eao 1/ 2004 �.. _ so.,W 9E R - 'N' 77.221. A: coN.ERTEo ro METRES BwN ON Y Nunv*05 IN Br�oao4e ADO 00* 0 2z..12. 2= vsr \ LEGEND - C X,9 �`++�`1 • DENOTES SURVEY MgN0FAT MIND 'AO • '> 1esu G 0 ; SURVEY uONUMENI RANTED R PART 1 W ` SIB • S� _ 1 's I S IRON BAR IR 90 ROUND IRONN BAR T ', PART 2 a ,BT N 7,5wITNESS , R !I.?, i `V 227 J.F.WESTON.OLS [� cr.., 741 D,067(0,01.5 O. a 9 "�N \ 1592 R.RUSTED,OL5 ~ n s Q h% UV)r 1uus • MEAstraco OlS ll SOURCE UNKNOWN C0 2 w an 8- k~ MO • MINISTRY aTWNPDRTA ON,ONTARIO N �0' 2V SURVEYOR'S CERTIFICATE C F r $ 1j7}f, y U C l CERTIFY SUMMAND PVH ARE CORRECT ANO N4 ACCORDANCE rt N TO 0 nye°A!�� q>, ^$ '.',Ar F �NaI 2T B2 I 4 (0) ANO REoaoonS WOE NDERALE RC SC4112KIES�no. PC REGISTRY A LF .-14/,..S-‘,/_, {,(� `J ,T, h'f1 ro•• v V 2.ME SURVEY WAS COMPOSTED ON NO0*100 9.2004 fp'Q¢o'YJ[///� ,V '�a'ayal• i a .i 1071 C T 7 N 01TE:NOVEMBER 25.2004 ODAVIO J.RUIN NTARIO QF In, NS _ 4^?� �-qrL, A' Ti I -tTo HOUGHTON&COMPANY Ah9tr /'9"/ ONTARIO HINCKS STREET,ST.THOMAS,ONT ' N5R3N5 PH.(519)631-2212 FAX(519)6314343 are i3 Old Hickory Buildings of Canada Business Scope Old Hickory Buildings of Canada, ULC. Has been operating in Canada since March 2016. The company currently employs approximately 40 employees in 2 provinces, mainly Ontario and recently in Manitoba. The company has plans to expand across Canada into 6 provinces within the next 12-24 months. The company has existed in the US since 1997 and is a large entity across North America. Expansion in Ontario is occurring at a very rapid rate over the last 12 months,with sales reaching$5M this calendar year. The demand for our Mennonite built mini-barns has increased exponentially, month over month. We had hit a maximum on build capacity at our current main factory in Frogmore, run by Friesen Buildings. The new satellite assembly shop located at the previously described property in Vienna,was established recently to expand that capacity,temporarily,while an addition is constructed at our main location. We had reached a point,where customer wait times were exceeding 8 weeks and this created a serious issue with customer satisfaction. We became unable to meet advertised delivery times and could begin to see the impact this was having on our perfect Canadian customer satisfaction. We anticipate the expansion to conclude within two years,which is the reason for our request for a temporary 2 year zoning change to allow us to keep up with demand. OHBC has a very aggressive expansion plan in place in the province of Ontario to open 3-4 more build factories in other counties throughout the province, as well as 25-30 more retail sales locations. The optimistic goal is to reach$20M in revenue in the next 3-5 years. The ability to keep this satellite,temporary factory,will enable us to keep our quality standards high,and our customers pleased with our product. The end result of this will be many, many more Canadian jobs,and a company that has the ability and size to seriously stimulate the Canadian Economy, especially the Canadian Lumber Industry. IBI GROUP 203-3 West Lond on N6HOxford S1T3eCanada tel 519 472 7328 fax 519 472 9354 I ' ibigroup.com Memorandum To/Attention Municipality of Bayham Date October 19, 2017 From Paul Riley, CPT Project No 3404 - 671 cc William Pol, IBI Group Subject Abram and Maria Bartsch -Application for Zoning By-law Amendment- Pt Lot 15, Con 4, 56087 Calton Line 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by Abram and Maria Bartsch, for a property located at 56087 Calton Line south side, west of Plank Road. The applicant is requesting a zoning by-law amendment to change the zoning on a 6151 m2(1.5 acres) parcel of land in the Rural Residential (RR) Zone to a Temporary (T-J Zone for general industrial purposes. The intent is to temporarily allow, for a maximum of two years, a rural industrial use on the property for the construction and assembly of mini-barns in the existing accessory building, outdoor storage of pre-assembly materials and finished mini- barns and retail sales of mini-barns. The subject lands are designated Agriculture and Natural Gas Reservoir on Schedule "Al" Land Use of the Official Plan of the Municipality of Bayham. The lands are zoned Rural Residential (RR) on Schedule "A" Map No. 11 in Zoning By-law Z456-2003. 2. The parcel has 59 m (193 feet) of lot frontage and a lot depth of 124 m (406 feet). The property comprises a detached family dwelling and a large accessory building/shop. The shop has a floor area of 297 m2 (3,198 ft2). Surrounding land uses are agricultural to the north and south, residential to the north, east and west and a vacant commercial parcel to the east. There are ten single detached dwellings in proximity, two are abutting and one is directly across the street. The signalled intersection of Calton Line and Plank Road is in proximity, including a seasonal vegetable market and farm dwelling on the south east corner; an abutting vacant commercial property on the south west corner; and a woodlot is located behind a dwelling on the north east corner. 3. The applicant has indicated that they require the temporary zone in order to keep up with demand while the business expands one of its operations in Norfolk County.After two years the industrial use is intended to relocate back to Norfolk County. The applicant started the business on the subject lands in August without the appropriate planning approvals and the applicant indicates that they did not know that the residential zoning would not permit a temporary industrial use. In 2016 the company, Old Hickory Buildings of Canada, ULC, went through the rezoning process in Norfolk IBI Group is a group of firms providing professional services and is affiliated with 181 Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—October 19,2017 County. The approved site-specific provisions from the Norfolk County Zoning By-law I-Z-2014 state that: In addition to the uses permitted in the Agricultural(A) Zone, the manufacturing of mini-barns/sheds using a maximum of 1.7 hectares of land including a maximum of 742.8 square metres of indoor space within accessory agricultural buildings as a home industry with a maximum of four (4) employees shall be permitted. [11-Z-2016] 4. The Provincial Policy Statement, 2014 (PPS) Section 1.2.6.1 Land Use Compatibility indicates that sensitive land uses should be planned to ensure they are appropriately designed and buffered to prevent or mitigate adverse effects from odour, noise and other contaminants to minimize risk to public health and safety. The proposed temporary industrial use on a residential parcel in an agricultural area has the potential to create a nuisance to neighbouring properties.The noise from constructing the barns is considered to be a nuisance concern. The temporary nature of the proposal does not remove the potential for nuisance on neighbouring properties, therefore the proposed zoning application is not consistent with the policies of the PPS. We recommend that the applicant seek an alternative location more suited to the proposed use. 5. The proposed amendment must conform to the Municipality of Bayham Official Plan. Section 8.15 Temporary Use By-laws provides policies concerning the proposed temporary use. Section 8.15.2 Permitted Uses Subsection c)states that for not longer than three years Council may allow the establishment of a land use activity on a specific parcel of land which is appropriate in the short term, but is otherwise prohibited in the Zoning By-law. Section 8.15.3.2 Criteria outlines the evaluation criteria for Council to consider where the proposed use is prohibited in the underlying zone, including the following relevant paragraphs and considerations for this application: a) Temporary Use By-laws shall only be enacted for uses which will not preclude the future development of any lands for their most appropriate use, as defined by the Official Plan; The proposed temporary use does not preclude the future development of the subject lands because the lands are used for residential purposes and could otherwise revert back to agricultural uses should the residential use cease, as the lands are designated for agriculture. The proposed industrial use has the potential to negatively impact the development of the vacant parcel to the east based on the land use conflict resulting from potential nuisance impacts. b) Does not apply; IBI GROUP MEMORANDUM 3 Municipality of Bayham—October 19,2017 c) Only uses which will not create land use conflicts or disrupt the use and development of neighbouring properties shall be authorized by Temporary Use By-laws; The proposed use is not appropriate for the property due to the land use conflict created from an industrial use adjacent to residential properties. The use has nuisance potential for neighbouring residential uses due to noise, traffic, and the visual impact of outdoor storage. To a lesser extent, the development of the vacant commercial property to the east may be disrupted by the presence of industrial activities on the neighbouring lands. d) Does not apply. Based on the above criteria the proposed temporary use is not consistent with the Official Plan due to noise, traffic and visual impact of outdoor storage. 6. The subject lands are located within an Agriculture designation in the Official Plan and Section 2.1 Agriculture Resources sets out the policies for agricultural lands. According to Section 2.1.1.2 the proposed use is not listed as the permitted use includes: all types, sizes and intensities of agricultural uses and normal farm practices; agriculture-related uses and secondary uses provided they are compatible with agricultural uses and do not contribute to land use conflicts; and farm-related industrial and commercial uses. The requested use has the potential for off-site impacts. The proposed temporary use is not in conformity with the Municipality of Bayham Official Plan based on the above sections, as uses that contribute to noise, traffic and visual impact of outdoor storage are not permitted. 7. The proposed amendment must comply with the regulations of the Municipality of Bayham Zoning By-law. The lands are currently zoned Rural Residential (RR) and industrial uses are not permitted. Section 26.1 Permitted Uses in the Temporary (T2) Zone includes a land use activity on a specific parcel of land which is appropriate in the short term, but is otherwise prohibited in the Zoning By-law. Section 26.2 Supplementary Regulations indicates that Temporary uses will be subject to the main use zoning provisions of this By-law for the applicable zone in which the temporary use is located. Therefore the applicable main use zoning provisions which apply are the RR zone. The shop building was recently constructed for personal use accessory to the residence and buildings in the RR zone are not accessory if business activities are taking place. Based on the above review of the provisions of the Zoning By-law of the Municipality of Bayham the proposed temporary use does not comply. 8. Based on our review of the application we do not recommend the requested Zoning By-law amendment for a Rural Industrial Temporary Use (T2-J zone for lands at 56087 Calton Line. IBI GROUP MEMORANDUM 4 Municipality of Bayham—October 19,2017 9. Should Council consider that the temporary use for the construction and storage of mini-barns and retails sales of min-barns on the lands is appropriate we recommend the following zone regulations: a) Temporary use for construction, storage and sale of mini-barns not to exceed two years from the date of approval. b) That all industrial activities take place inside the existing 297 m2 (3,198 ft2) accessory building. c) That the storage of construction materials be limited to inside the existing 297 m2 (3,198 ft2) accessory building. d) That the storage of finished mini-barns not exceed 20% lot coverage, be no closer than 10 m (32.8 feet)to a property line and not closer than 60 m (196.8 feet) to the front property line. e) That work on the property be conducted without contravening the Bayham Noise By-law 2017-068, a by-law regulating and controlling noises. f) That the number of employees for the temporary use be limited to six (6) persons including the resident. g) That the retail sales be limited to the existing 297 m2 (3,198 ft2) accessory building. h) That a Site Plan Control Agreement be registered on title with the Municipality of Bayham in order to control measures regarding access, circulation, parking, loading and storage areas. eaui O IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z668-2017 BARTSCH BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 11 by changing the zoning symbol on the lands from Rural Residential (RR) Zone to a combined Rural Residential (RR) and Temporary (T2-6) Zone, which lands are outlined in heavy solid lines and marked RR/T6 on Schedule "A" to this By-law, which schedule is attached to and forms part of this B-law. 2) THAT Section 26 Temporary (T) Zone, as amended, is hereby further amended by adding the following section, shown as RR/T2-6, to Defined Areas and End Dates: 26.4.3 RR/T2-6 as shown on Schedule "A", Map No. 11, for temporary use of the lands for manufacturing, retail sales and outdoor storage of mini-barns, for a period not exceeding two (2) years, ending November 16, 2019. 26.4.3.1 Temporary Permitted Uses Manufacturing and retail sales of mini-barns including the storage of construction materials inside the existing 297 m2 (3,198 ft2) accessory building. 26.4.3.2 Outdoor Storage Outdoor storage of finished mini-barns shall not exceed 20% lot area, shall not be located less than 10 m (32.8 feet) to the rear or side property lines and shall not be located less than 60 m (196.8 feet) to the front property line. 26.4.3.3 Employees Maximum Maximum number of employees six (6), including on site residents. 26.4.3.4 Privacy Fence An opaque privacy fence of 1.8 m (6 feet) in height is to be constructed from the north end of the existing hedgerow on the east property line northward along the property line ending at a point perpendicular to the north facing wall of the existing accessory building, of approximately 40 m (131 feet) in length. 3) THIS By-law comes into force: 2 Z668-2017 a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME AND SECOND TIME THIS 16th DAY OF NOVEMBER 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2017. MAYOR CLERK 3 Z668-2017 i . \ SEE SCHEDULEA •MAP No.8 c_ t - Ci 4,r jlflF RR/T2-6 1 LOT II / i , r/ 2/ rl f _'.l ,—. j/ \ I � li l I 1 0 ,- L0113/ r. y \ I i! I I I �1 ' � , ( y r }I I ¢ ,i'l cor t LOT IS \,1 \ f 11 i 1 �` / , is L---- / LO o \ 1 11 J▪ '/1ryr!!I i / ( 1 —" I I J / III 1\ 1 1 \fir / I 1 1 (,_01- \ \I I Jl w• i—/ a /� l I t, l \ \) LI, k 11 x i / \) \ e V z I :l y /� f 1 1 a J _ \ Ill _.\� 1� �\ — G \-f`' J c,o I %/ / 1✓ o \ / ' ! _ / U \ y 1 1 L 1 I I ` W \ SEE SCHEDULE H (` J - I N \ -MAPVIENNA I / / 11 1 I v ..„.ri' T, i I_ __ .'"'''''''''''''''...4,/2: 1;1`II I t 1 ,A Ii?\ i\ .. / I / This is Schedule"A"to By-law 1 j: No.Z668-2017,passed the — - 1 1 day of ,2017 /' t, SEE SCHEDULE A-MAP No.14 Mayor Clerk 12 x i CON 2 MUNICIPALITY OF BAYHAM Legend SCHEDULE A O ZBLA NORTH 1? LPRCA Regulation Lint MAP No.11 0 200 400 000 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 "11mm $AYH.4 - 4nppwfw,,c..k.,‘ ` REPORT 3 DEVELOPMENT SERVICES pp°AV-unity Is' TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 16, 2017 REPORT: DS-69/17 FILE NO. C-07/ D09.BALD Roll # 3401-000-006-16800 SUBJECT: Consent Application E73/17 Baldwin BACKGROUND A consent application was received from the Elgin County Land Division Committee submitted by Charles and Marlene Baldwin proposing to sever an irregular shaped parcel of land with a width of 179.28 metres by a depth of 833.93 metres, Area 29.79 acres, to add to the adjoining agricultural land to the west. The owners are retaining 37.21 acres, proposed to remain in agricultural use. The subject lands are described as Concession 10 Part Lot 21, known municipally as 14077 Bayham Drive. The subject lands are designated Agricultural and Natural Heritage on Official Plan Schedule "Al": Land Use and Natural Hazard, Significant Woodlands and Significant A.N.S.I. on Schedule "A2" Constraints in the Official Plan. The lands are zoned Agriculture (A1) on Schedule "A" Map No. 3 in Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on December 6, 2017. DISCUSSION: The planner's memorandum dated November 8, 2017 analyzes the application subject to the Elgin County Official Plan, Bayham Official Plan and Zoning By-law policies. The applications meet the criteria for the boundary adjustment policies subject to the recommended conditions. The road allowance is in process of transferring ownership from the Municipality of Bayham to Charles and Marlene Baldwin so that the allowance will be merged in title and completed prior to the consent. Staff Report DS-69/17 Baldwin 2 Staff and planner recommend Council's support of the applications with the listed conditions. ATTACHMENTS 1. Consent Applications E73/17 Baldwin 2. IBI Memorandum Dated November 8, 2017 RECOMMENDATION THAT Staff Report DS-69/17 regarding the Consent Application E73/17 submitted by Charles and Marlene Baldwin be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E73/17 be granted subject to the following conditions: 1. Rezoning of the retained lands to a Site-specific Agriculture (A1-XX) Zone to recognize the minimum lot area deficiency of 15 ha where 20 ha is the required minimum and the severed lands are rezoned to an Agriculture (Al-A) Zone Planning report fee payable to the municipality 2. Confirmation of the completion of the conveyance of the unopened public right-of-way described as Part 1 of 11R10176, having been stopped up, closed and conveyed by By-law 2017-076 passed on August 17, 2017 3. Survey confirmation the Top of Bank plus 6.0 metres is being retained with the retained lands in order for both sides of the valley to stay in one ownership 4. Copy of the final survey (paper and digital) provided to the municipality 5. Letter of Undertaking providing for the merger of the severed parcel with the adjacent westerly parcel as per the consent application Respectfully Submitted by: / Reviewed by: / Margaret Underhill a twv- Deputy Clerkplanning Coordinator /CAOIC jECEIVE 2011 << #1� OCT 13 ,r, r 1 L e,a a y. I NI'CIPAILITY OF RAYHAM T 'it'''" . APPLICATION FOR CONSENT 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name of Owner C/-/r11 L(-S C>,-\Lv) Wi -i X /'1,-1L c_f /( I lLI)VV/!'I Address CI i_ CC <<r_T , JILL_v,uN f-16-1 N Telephone Number S-19 6 c'c - / 9 y y Name of owner's solicitor or authorized agent I)(2 { r Le'-J i v e_ lc) Address C' S I;;,c {�) �' > Telephone Number S/ v - C `/Z- 7_35 / Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent ( L)/ 3. (a) Type and purpose of proposed 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: 1>( ) . 13E\/6-21--E Y IN Q C L `S (c) If a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added: Cl Iltt C V c l„, I — CG G CC t _ /! cc cc,-t. '/ N,GFt- S 4. (a) Location of land: Municipality I/A /i-H P"I Concession No. C cr1 rC Lot(s) No. /•-/ P7 t-c I 1 I Registered Plan No. Name of Street /9 C 7 7 /3,`4 Y/1-1/1 r),`Street No.and/or 911 No. P-76' 77 Assessment Roll No. "3'1 `1 c I CCC cc 6 /L'c''L( c( C( (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No ( fj If Yes,describe the easement or covenant and its effect: v�IE r7 Lar Li t 5. Description of land intended to be severed: (Accurate Measurements in Metric) x(16 17-r 7 F. z8 /�%7 9 Frontage / ? Depth 833 •'`73 Area ac - Existing Use ,-lc)r c I v, I Proposed Use /lc).- c- i Number and use of buildings and structures on the land to be severed: Existing No E Proposed NO NE 6. Description of land intended to be retained: (Accurate Measurements in Metric) r 2-/Frontage y/O' o 7 Depth 336. — �nrEJ r Area r Area c , 7- • Existing Use a,) 4 - .( Proposed Use ,11-, “-I Number and use of buildings and structures on the land to be retained: Existing ”c of C Proposed i f= County of Elgin Engineering Services 450 Sunset Drive St Thomas.On N5R 5V1 Phone:519-631-1460 www.elgi n-county.o n.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 A, ) Municipal road, seasonally maintained (I \) ( ✓) 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 ( k9 ( ✓) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) 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 (K ( J) Privately owned and operated communal septic system ( ) ( ) Privy ( ) ( ) Other means (specify) 11. When will water supply and sewage disposal services be available) U/I1,e1 �rvC .o Lj `� r'•f! f C.-'t"``'t 1 12. What is the existing Official Plan designation(s)of the subject land? NA 114, ,1c 'I',lHew+ uOlonU_S --10-? ( (_(loU, 13. What is the existing Zoning designation(s)of the subject land? 14. Has the subject land ever been the subject of an application for approval a pl of subdivision under the Planning Act? Yes ( ) No ofUnknown ( ) 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 ( 4 -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 Date parcel created Severance File No. 17. If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( "f If Yes, provide the previous severance File No. 18. If this 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. 0185 /'Ph_ c4-3LE - , , I 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 (✓) 20. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the County for approval? Yes ( ) No (✓) If Yes, and known, specify the County 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 variance, or approval of a plan of subdivision? Yes ( ) No ( ✓s 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 layid within an area designated under any provincial plan or plans? Yes ( ) No ( ✓S 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. 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 locate within 300 metres of the subject of this application? Yes ( ) No ( 1•)' 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 Man ire System Housing System Number per Year Liquid Semi- Dry check type Solid DAIRY Tie Free Loose 0 Cows Stall Stall '0 Heifers 0 Calves BEEF Open Lot Total 0 Cows &Barn Confine- 0 Calves 0 Feeders ment 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 AUTHORIZATION TO APPOINT AN AGENT NOTE: This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 7c L v�r�rr' c cc y c,;- L tel:rM( Cc_ r� t0 / I hT L-i Z ( /4/C 77 6,-(/r1,L1 �)r I/We, the undersigned, being the registered owner(s)of the above lands hereby authorize LI VC- of 7_r L L t)til a r2(,,- C N to: (Agents Name/Names) (Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s) of the application; and (3) provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the ///v;v' c t i> t c r -1-`( of y/-/'9 i'-( this 76 day of 5-6-PTC-v`-'1 20 /7 Zch/ 7 Signatu - • r Titness Signature of Owner i"1, rz1—N F 13 4r, ctr.µ,.L€€ vv,"' i Sign. .j itness Signature of Owner c&o,,,.r Signatur- of ; i ness Signature of Owner oncF_ ,rac,� , ,N -4- 26. SKETCH: 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 /1,/„,,, ,c i l)c.I I '1Y of /, o-r �.er4 � IS v" this 1 dT` day of . O1 20 t—1 ) 4-: t�',/rvc (ci SIGNATU-11;4/PPLICANT(S), SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We 1)(_,-/-z Le./r vkr,1 ci ctj,,/,,,i r\--I e i ct 1 z_kj of the -Fc:..- of 7-,//,; ,),„:-cl in the County of C j�i- ,-c- solemnly declare that all the information contained in this application is true, and I/We make this solemn declaration 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. MunkcoafIrNilz,ADECLARED before me at the Psin in the Qu this day of SignatuI((/.i 61 20 ti Signature =en Dianne Galloway,a ./,dik r nr;issioner,etc.,County of Elgin,for lI ,,Corporation of the County of Elgin A •ommissioner, etc. a, ,J4,�aryc,:o2o. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed,together with one copy of the sketch described, with the responsible person,accompanied by a fee of- $1,000.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of$250.00 will be charged for affixing the consent stamp. Revised December 2014 � 1Y / --7 .__.. _ P- .`fit -_ ;b F --,11't` r \ ,,..4 �v" '..4t. -t;_,_,,44.!.,t,;,&,?., �_ '.:. M pmt ...-' , n1:z- 'i. i.l .. , u�.- 1-1:-,414;iftr.-4-y., C� � Rg s� �, air .; w., �1 4 I#'� •r t z � -fir, ' . �,, a ^ 0.rpi` :..\rte\ .�i \ istiA \ 14077 BAYHAM DR 01.1111t ' 4-4-'''''*''' .'' •'ACREAG N PT LOQ 0 M ., ON_10 N, LOT 21 Y ., M RETAINED $ \\-\\' - Acreage 372. I\ r ' ' . O� 4 � ire - 9-^ f 41;'SEVERED Acreage �c�/°7Y r f ,� LOT 20 :.~ LOT 21 i, � \ 41 f, _ __ .._ �, � fes, �\ V 11 6.1-1,.,,,,,,,,__1',1:11.'....,,,,,,.'.1-',' \ \ S{ \\\ x ` // -',. -. at. Lo7 20 I r "ri L add SAS 16 fs b' \\ n/LOY 20 CONCESSION 10 3" A ,'i ;iti o. I , 5 aot• . 2 . �'!1 p � r Y S- Sg eoT-� GEOGRAPHIC TOWNSHIP OF BAYHAM is 111 / a bb ' s s ROAD ALLOWANCE BE:w,E�EN LOTS 20 AND 21 / Mar x a n 1>R - 10178 PART / ,,,,..11R-- >O17'�'�e ROAD .0 ..iJ µ �/ N TW[RN�Afe 9D. a .n v..a 3S(‘). Cl0 M pan. q N) ) � D LOT 'V 21 CONCESSION 10iq\ L Q r (� i -Q 1 p (; o i s s oq n°t If GEOGRAPHIC TOWNSHIP OF BAYHAM to • �/ q ,+�' 1 r- `� , 2P g ;,r P ' 3 f9 fi4/ u .snrx 1AI .� , $1 i$ v z I a 1 6- A m a '� ro 0gfr i N.) rn 4 r • a� _ --� I q LOT ' 21 CONCESSION 10 • I "TI IV g g b it a CC o s W I ...it 8 310 9� g 6,fit 'lb' e d I N11011113==. 3 GEOGRAPHIC TOWNSHIP OF BAYHAM �� � / � ! [ \ ...moo www 8 'ow.00.n .-.-<B .ar ox.a k.•.. Tr�'; irdk•\ lig: \ .rx »woo xa',s,Qy.�.11 1 Ip.•y;x:S. ,..` I WT t1 �Y -7dG" �u� Ia TwWtu.ecnoo..a °Awi�P'� ' �"a .--...4."'% rMvetl[nIAD \\a;s'�` —WV qCxma rxv n q _I. -' x ,a, ':.o�1;s .; yan`�'n'• r.,- ' r LOT - 2i- I dt 1 Ei x ""°'•a I .K�`°v•"°`• �q �\ At r i LOT 22 :9 K - xq I \`�\ y o f ... LOT 22 CONCESSION -- - I •moan.R ,om"',m..,m,.. 1114—Iori L :r LOT 19 CONCESSION 11 °",< MAY 2:2919 --r)"J".'+•'r 0 rosnonnoc no re • / GEOGRAPHIC TOWNSHIP OF BAYHAM LOT 20 CONCESSION 11 < LOT 21 CONCESSION 11 F 7.,',�'- - � r. . r 7g'9 GEOGRAPHIC TOWNSHIP OF BAYHAM au, PART SCHEDULE 3p o ®�Q' P.I.N. J J O "•'-�"ti� w ( � v , T}0r RrOq°_p m�LOK'ANCE BETLyE� �.,. ,yam S GEOGRAPHIC TOWNSHIP OF BAYHAM >e,.o _•' �Gl y O 5)ew :NCE pNS 70 ¢m POW cr'lrwkr or w," 4*n o .� AND 11,, '+« ,/ PART OF THE ROAD ALLOWANCE / 2 `>n5 ,.. ,or.^-- °"'GREEN Ll ,per � � .. /3/y CONCESSION 0BETWEEN LOTS 20 AND 21 j� ^�� Tti� a / + f J"'( 70 I o ° NE • y '. / P( X00 cLroorwycrowsrrcreA»cur l � . pA ravCVnurrcreAnwr `\ R .- y^ ®...,.. a , . '"" w.....� ,ao `•, r� 1114 CDUNTY OF ELGIN \ Ro, ,,a 1.. —,Y .' . 1 o-' \ 0 LOT 19 CONCESSION 10� ,aowx,..o„oum.,,._J $ ""000 LT rib m"'�'� , I I•� SCAE-ra 2000 agRT A. °rvTa"" 4 w"°" , • yiT METRIC,'carom.ma j3C�(yam�0�..r—\ y yrq_y�s0 5 ba"wa _8e' w�m1O.a°""",�� ..opo.. / 4 0 3 I o I P KIM RUSTED SURVEYING LTD" t , e i y GEOGRAPHIC TOWNSHIP OF SAYHAM , k e "a x g 0 .11'520•70C , i ¢ yy A ,- I 1114 01- Q q un 1 �S A 1 I • SURVEYOR'S CERTIFICATE I ..P.i.•.P�.rma,.•wP >. ..�• ��a /��m i & SAW. 1. On We I Z 1-7) E a N r>_ i I- to o IS p w z 5 i NOTESI aer Of ;N,+m,.,,...w�i I ♦ Iannum es 1a-,00,io.c.n or orR..rows vo aor.+n. ...., ky `a-gym rm`.rfts ewm.c°.o'"rt.:a r 1 e • PECEIVED y a S tl 7 m 2 N tl c�a mt„ ... I N Z N O O j . OCT 262017 ' • .� R�vr > • 11; rR R a LEGENDI MUNICIPALITY OF BAYHAM " ' ii F . ,, � s ...w s 0'002 e. w� u,.._4 �(°mFAD .oa,o NO a, COORDINATE SCHEDULE —' ' a F = F ,u maao.uns ART w r<nu NO.v¢Comsa..aaa O a o OPS 00SERV1l 4 0 UN-RET RC.1, -1 J ,U 2114.T2114.,LOVE i)(eIRI'.LST 51 M CC niQ LONtleIOQ'NADeI(815)(1007.0) 0 Illi ''Sal; 0 Cmm . Cu.,c VALI AK TO OMAN.wm.CY as P10 SEC.14(21 Or 0.REM 20/10 014 5J s g GO 05 POINT NORTHING EASTING R , A 4)42112 452 01 510.52. IA. 0 ''O,�a qy Y9 5l R 4742147.40 5i00.14.6370 'o M K HUSTED SURVEYING LTD. I ').6' ONTARIO LAND SURVEYOR coaaR.rEt wac a n .sn oc5eE USED TO4 .1.11.11'4,4,— nls.a r FAX x-ia1111.11[00002 coma mow RE-ESrnet191 CORNERS Ca 0021.40AMES SRO.o.,MS PLAN .n . IBI GROUP 203-350 Oxford Street West I I London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 8, 2017 From Paul Riley BA, CPT Project No 3404-675 cc William Pol, MCIP, RPP File Subject Charles and Marlene Baldwin - 14077 Bayham Drive, Concession 10, N Pt, Lot 21 -Applications for Consent E73/17 1. We have completed our review of the consent application submitted by Charles and Marlene Baldwin for lands located at 14077 Bayham Drive, south side and south of Talbot Line. The applicant is requesting consent for severance of 12 ha (29.8 acres) of land and to retain 15 ha (37.2 acres) of land. The intent is to add the severed lands to the adjacent farm parcel to the west. The lands are designated Agricultural and Natural Heritage on Schedule "A": Land Use; and Natural Hazard, Significant Woodlands and Significant A.N.S.I. on Schedule "A2": Constraints in the Official Plan. The lands are zoned Agriculture (A1) on Schedule "A", Map No. 3 in Zoning By-law Z456-2003. 2. The land intended to be severed is the south half of the lot. The retained lot is irregularly shaped, having a lot frontage of 410 m (1,345 feet) and a lot depth of 390 m (1,280 feet). The retained parcel comprises of agricultural land to the north and west; ravine/valley land along the south and east; and is flat where the parcel fronts on Bayham Drive. The severed parcel comprises of agricultural land centrally and westerly with wooded lands along the north, east and west. 3. The severed agricultural field has access from the parcel to the west, to which it is intended to be added. The nature of the slope of the ravine/valley lands restricts access to these fields from the retained lands to the north. In a previous request in 2016 the applicant requested comment on the configuration of the severance of the subject lands. The top of slope plus 6 m (20 feet)was requested to be included in the retained lands rather than the severed lands in order for both sides of the valley to stay in one ownership, as the revised lot configuration includes. The Municipality is in the process of stopping up, close and conveyance of the road allowance to the applicants. These lands comprise of a right-of-way of 20 m (66 feet) in width along the eastern property line. The conveyance adds approximately 0.5 ha (1.2 acres)to the retained lands. The applicant intends to sell the retained lands where the new owners would be able to construct a single family dwelling for the agricultural property. Currently there is informal agreement amongst family members to permit access to the severed farm fields, which would cease under new ownership. 4. The Provincial Policy Statement 2014 (PPS)Section 2.1 Natural Heritage includes policies on development and site alteration on sites with natural features.The general intent of the policies is to avoid development and site alteration in and around significant natural features in order IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 8,2017 to protect those areas for the long term. Policy 2.1.9 indicates that natural heritage policies of the PPS are not intended to limit continued farm use. The applicant is not proposing any site alteration, aside from a possible future residence on the retained parcel outside of the natural features area, and to continue farming the lands.Therefore the proposed consent is consistent V with the PPS. 5. The Elgin County Official Plan Section E1.1.3.2 Boundary Adjustments indicates that consent is permitted for the purpose of modifying a lot boundary without creating a new lot. The applicant proposes to sever the lands for lot addition to the abutting agricultural parcel,without the creation of a new lot. The retained lands are of adequate size to remain viable for future farm uses. The proposed consent is consistent with the Elgin Official Plan because no new lot is created. 6. The Municipality of Bayham Official Plan Section 2.1.9 Minor Lot Adjustments indicates that minor boundary adjustments to convey land shall be permitted if no new conveyable lot is created. Based on the physical constraints of access to the severed farm land; the intention to continue farming the lands once merged; and that no new lot is created, the consent is ✓ consistent with the Official Plan. 7. The Official Plan includes policies on Natural Heritage and Natural Hazard for the ravine/valley lands designated Natural Heritage, Natural Hazard, Significant Woodlands and Significant A.N.S.I. Section 6.1.7.3 indicates that valley walls and top of bank areas are intended primarily for the preservation of the natural landscape. The retained lands comprise of both sides of the valley wall so the heritage features are retained under one ownership for ensuring adequate ✓ preservation. 8. The subject lands are located in the Agricultural(A1)zone in By-law Z456-2003.The proposed lot configuration is below the minimum of 20 ha where 15 ha is proposed. In order to recognize the lot area deficiency we recommend that site-specific regulations be included in an amendment to the Zoning By-law of the Municipality of Bayham. The lot addition lands to the west are zoned Agricultural (Al-A), therefore, the Zoning By-law amendment should include rezoning the severed lands to Al-A to be consistent with the rest of the parcel. 9. Based on the above review of consent application E73/17 we have no objection to the proposed consent subject to the following conditions: • That the proposed retained lands are rezoned to a Site-specific Agriculture (A1-XX) Zone to recognize the minimum lot area deficiency of 15 ha where 20 ha is the required minimum; and, • That the severed lands are rezoned to an Agriculture (Al-A) Zone. • The lot is merged with the lands to the west. • The unopened public right-of-way is conveyed. • The Top of Bank plus 6.0 m being the boundary of the new severance. IBI GROUP MEMORANDUM 3 Municipality of Bayham—November 8,2017 IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham 1230 Talbot Street, St. Thomas, ON N5P 1G9 • p: 519.631.9900 I f: 519.633.0468 ELGIN ST.THOMAS PUBLIC HEALTH elginhealth.on.ca RECEIVE ; October 23, 2017 OCT 2 ,'. 1[)! The Honourable Yasir Naqvi Attorney General of Ontario 720 Bay Street, 11th Floor MUNICIPALITY 6AYHj Toronto, Ontario M7A 2S9 vnaqvi.mpp@liberal.ola.org Dear Minister Naqvi: Re: Ontario's safe and sensible framework to manage federal legalization of cannabis On October 11 2017, at a regular meeting of the Board of Health at Elgin St. Thomas Public Health (ESTPH), a letter was brought forward from Peterborough Public Health that applauded the Province of Ontario and the Cannabis Secretariat on releasing their plans for regulating cannabis once it is federally legalized. ESTPH contributed to the July 2017 provincial consultation on the proposed cannabis framework as part of the Ontario Public Health Unit Collaboration on Cannabis (OPHUCC). ESTPH shares in Peterborough Public Health's enthusiasm to see that Ontario's newly released plan aligns with various areas of the submission such as: • Establishing a safe and responsible supply chain of cannabis using a government monopoly, where cannabis will not be sold alongside alcohol in Ontario, • Setting the minimum age of purchase to 19, • Prohibiting the smoking of cannabis in public places, • Developing a public information campaign, to complement the federal government's public awareness campaign, • Developing a comprehensive prevention and harm reduction approach to promote awareness of cannabis-related harms, • Working with and supporting enforcement partners to keep our roads safe, and • Working with municipalities to choose the most appropriate store locations. We urge the Province to continue to use a public health approach in the legalization of cannabis. While the Federal Government has responsibility for setting packaging and advertising restrictions, ESTPH requests the provincial regulations include the following: • Adopt plain packaging, • Prohibit the production and sale of products that are attractive to youth, • Require that all cannabis products be sold in a child-resistant container and be marked with a universal symbol indicating the container holds cannabis, and • Restrict all forms of cannabis product and cannabis company promotion, including sponsorship, endorsement, branding, and point-of-sale advertising. , .,,fir V elginhealth.on.ca ESTPH commends Ontario on their promise that"revenues associated with cannabis legalization will be reinvested to ensure the Province meets the priorities of protecting young people, focusing on public health and community safety, promoting prevention and harm reduction, and eliminating the illegal market". We look forward to learning more about the reinvestment strategy and how our public health work may be supported by this. The Board of Health for Elgin St. Thomas Public Health is committed to working together to promote and protect the health and well-being of people who live, work and play in Elgin County. The Board looks forward to further details in order to support our community in this transition period. Sincerely, f Dr. Joyce Lock Cynthia St. John Medical Officer of Health Executive Director c. Honourable Kathleen Wynne, Premier Honourable Dr. Eric Hoskins, Minister of Health and Long-Term Care Jeff Yurek, MPP Elgin-Middlesex-London Dr. David Williams, Chief Medical Officer of Health Association of Local Public Health Agencies Ontario Boards of Health Municipal Councils in Elgin St. Thomas • T; k3 Wfa+,ViP w rvh4 elginhealth.on.ca Ministry Finance sce Bureau des Finances Office of the Minister Bureau du ministre Ontario 71h Floor, Frost Building South 7e stage, Edifice Frost Sud 7 Queen's Park Crescent 7 Queen's Park Crescent Toronto ON MTh 1Y7 Toronto ON M7A 1Y7 , Telephone: 416-325-0400 Telephone: 416-325-0400 Facsimile: 416-325-0374 Telecopieur:416-325-0374 October 27, 2017 Dear Heads of Municipal Councils: In April 2017, the federal government introduced legislation to legalize and regulate non-medical cannabis across Canada, and has firmly stated its intention to have the legislation in force by July 2018. In response to the federal legalization of cannabis, the Government of Ontario announced, on September 8, 2017, a safe and sensible framework to govern the lawful use and retail distribution of non-medical cannabis as a carefully controlled substance within the province of Ontario. As part of this framework, our government is proposing to retail cannabis through a government-operated Crown Corporation, as a subsidiary of the Liquor Control Board of Ontario (LCBO). This approach would meet the standards of control and social responsibility that Ontarians expect, while responding to consumer demand and displacing the illegal market. Under the proposed approach, the retail and distribution system would include an online province-wide sales channel by July 2018 and up to 150 stand-alone stores by the end of 2020, starting with 40 by July 2018 and rising to 80 within the first year. This proposed retail system would sell cannabis and cannabis-related items only, not alcohol. Our proposed approach is to build on the expertise and back-office capabilities of the LCBO to set up the Crown Corporation. Our priority is to reduce the illegal market by building on our strengths to create an efficient and secure system for people across the province. Engagement with Ontario Municipalities Our government acknowledges that municipalities are critical partners in provincial efforts to retail and distribute cannabis in communities across the province. We recognize that many municipalities have questions regarding the legal retail and distribution of cannabis and how municipalities will be involved going forward. .../cont'd - 2 - Since the announcement on September 8th, staff from the Ministry of Finance, Ministry of the Attorney General, Ministry of Municipal Affairs, and other partner ministries have engaged with municipalities through the Association of Municipalities of Ontario (AMO) on topics of interest to municipalities, including the retail model, enforcement and places of use. The input received to date has been valuable to informing the continued development of our approach and we look forward to ongoing discussions. I would like to thank the municipalities that have engaged with our government to date, particularly those municipalities who participated on the conference call Minister Naqvi and I held with Mayors following the announcement, as well as, those municipalities participating on the AMO's Marijuana Task Force. I understand that there have already been several productive consultation sessions with AMO since our announcement. I am writing you today to outline our government's approach to continuing to engage with municipalities on how retail stores may be located in advance of July 2018. As we move forward with preparations to implement the proposed retail and distribution system, Ministry of Finance staff, together with the LCBO, will begin direct engagement with municipalities on how stores may be located for July 2018. We are proposing that the LCBO partner with impacted municipalities in advance of launch to ensure that input from municipalities can be provided directly to the LCBO and local community interests can be heard. Identification of Municipalities for Initial Stores To ensure Ontario's readiness for the federal government's deadline of July 2018, Ministry of Finance and the LCBO have begun identifying municipalities under consideration for initial stores. Municipalities will be identified in stages. This will support ongoing engagement with municipal staff in these affected municipalities and phase efforts to search for store sites. Two primary considerations will be used to guide the identification of municipalities where stores will be located: first, to achieve geographic distribution of stores across the province; and second, to reduce the number of illegal stores, including dispensaries, currently operating in Ontario. As municipalities are identified, letters from the Ministry of Finance will be sent to the g. municipal Clerk or CAO of each identified municipality. Ministry of Finance staff will also work to notify Heads of Councils in identified municipalities in advance of these letters and will work with these municipalities to continue an open dialogue to ensure that council's perspectives are considered. The letters will request meetings between municipal staff, Ministry of Finance staff and the LCBO to discuss the guidelines and a process for siting stores, how the LCBO will address local concerns, and municipal .../cont'd - 3 - interests in siting. This will serve as the beginning of the partnership between municipalities and LCBO. Municipalities selected for initial stores will also be transparently identified on a website maintained by the LCBO: http://www.lcbocannabisupdates.com/. This website is expected to be launched today, October 27, 2017 and will be updated in coming weeks as the first group of letters are sent to the municipal Clerks/GAO's notifying them the LCBO intends to locate an initial store in their municipality. The LCBO will continue to update this website on a regular basis as additional municipalities are notified of the intention to locate stores in their municipality. Guidelines and Process for Siting of Cannabis Retail Stores Informed by consultations with AMO, proposed guidelines and a process for siting stores are being developed. The LCBO would utilize guidelines to identify specific store locations with the objectives of ensuring that youth are protected and addressing the illegal market. This includes ensuring stores are not located in close proximity to schools. Ministry of Finance staff and the LCBO are keen to meet with municipalities directly to discuss the proposed guidelines and ensure that local interests are being appropriately taken into account. The LCBO would utilize a public notification process to inform the public that a specific store location has been identified in their community. As part of this process, the LCBO will provide information to the public that outlines the store's operations and how local impacts would be mitigated. This notification process will also provide an opportunity for public questions and concerns on specific store sites to be submitted directly to the LCBO. More details of this process will be shared with municipal staff through the planned direct engagement. Province-wide Online Sales Channel Alongside the roll-out of stores, the LCBO will be implementing a province-wide online sales channel for cannabis beginning July 2018. As with retail stores, this online channel will be carefully controlled and include important social responsibility measures. It will also help meet the demand for legal cannabis access in all parts of the province. As we establish a new legal retail system for cannabis, it is critical that we do so with the objectives of protecting our youth and addressing the illegal market. I look forward to ongoing dialogue with AMO and with municipalities as we take the next steps in implementing this important initiative. .../cont'd - 4 - I welcome your support in ensuring an open and productive partnership with our government, the LCBO and your municipality as we continue to prepare for federal legalization of cannabis in July 2018. Where municipal staff may require assistance, please contact: Nicole Stewart • Executive Lead — Cannabis Retail Implementation Project Ontario Ministry of Finance N ico le.Stewa rt@ontario.ca 416-325-1593 Sincerely, 414/ lefr Charles Sousa Minister c: Yasir Naqvi, Attorney General of Ontario Bill Mauro, Minister of Municipal Affairs Lynn Dollin, President, Association of Municipalities of Ontario Penny Lipsett, Chair (Acting), LCBO George Soleas, President and Chief Executive Officer, LCBO Scott Thompson, Deputy Minister, Ontario Ministry of Finance Municipal Clerks/CAOs .../cont'd � !mil MUNICIPALITY OF MORRIS-TURNBERRY 46 0,1 P.O. Box 310, 41342 Morris Road, Brussels, Ontario NOG 1 HO ty l Tel: 519-887-6137 ext. 21 Fax: 519-887-6424 Email: nmichie@morristurnberry.ca "' Nancy Michie Administrator Clerk-Treasurer October 17,2017 Re: Resolution concerning the Tenanted Farm Tax Class properties being changed to the Residential Tax Class Motion: 553-2017 Moved by John Smuck Seconded by Dorothy Kelly Whereas, MPAC conducts ongoing reviews to ensure properties are accurately assessed and corrections are made where necessary. A review of a property could be triggered from ongoing data verification, updated tenant information,sales investigations, building permits and severances which may result in changes to the valuation or classification of a property. This could include wooded acreage on a farm property; And Whereas, MPAC recently changed the assessment classifications on properties with portions of land tenanted for farming. MPAC is responsible for assessing and classifying all properties in Ontario in accordance with the Assessment Act and regulations established by the Government of Ontario. All properties in Ontario are continuously reviewed as part of the MPAC valuation process to ensure accurate information is used in determining our assessed values and tax classifications; And Whereas, MPAC has stated: Under the Assessment Act, all properties are classified according to their use, and Ontario Regulation 282/98 sets out how various property uses are classified. By default, farm properties are classified in the residential property class in accordance with section 3(1)2 of Ontario Regulation 282/98 of the Assessment Act. Farm properties that meet the eligibility requirements will have farmland and associated outbuildings placed in the farm property class and are taxed at up to 25%of the municipal residential tax rate. An application for inclusion in the Farm Property Class Tax Rate Program must be approved by the Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA). Under the Assessment Act,all properties are classified according to their use. If a portion(or portions)of a farm property is used for non-farm purposes,the portion is valued and classified according to its use.This is to ensure that the appropriate value and tax class is applied to the various uses of the property; And Whereas, MPAC has assessed non-tillable acreage that is rented to tenants as residential. MPAC has explained that this is a correction under the Assessment Act/Ontario Regulation 282/98 with properties being assessed according to their use. They explained that it was a review of the Farm Forestry Exemption Class that prompted this action; And Whereas,Most of these non-tillage acres cannot be built upon, or generate any revenues. However, they do provide benefit to the wider community as woodlots, wetlands,streams. Therefore taxing at the higher residential ratio appears unfair; And Whereas, many properties have resulted in a substantial increase in property taxes due to this assessment class shift, an example being,with the tax billing increase of 572%. Tax increases to this magnitude are unacceptable. This process will force retired farmers to share crop to avoid the tax increases or it will cause land rent to increase to cover the increased taxes. That will create a burden on the property owner and the tenant farmers; And Whereas, MPAC did not advise the municipalities of these corrections or the impact that it may have on taxation write-offs going forward, as MPAC reviews appeals on these changes; Now Therefore, The Council of the Municipality of Morris-Turnberry hereby requests that MPAC conduct a review on the effects of the tax class shift from farm land to residential; And that MPAC act immediately on applications for reconsideration for the 2018 tax year and where possible for the 2017 year; And that MPAC advise the municipalities prior to any future tax class shifts or mass property assessment corrections; And that the Province of Ontario review Regulation 282/98 under the Assessment Act, in respect to the property tax classification of non-tillage acres; And that this resolution be circulated to Premier Kathleen Wynne, Minister of Finance, MPAC and the Association of Municipalities of Ontario and all Ontario municipalities. Disposition Carried Thank you Yours truly, NancyYvli hic Municipality of �ANHA ,I1 BAYHAM I� ` ;� A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 T: 519-866-5521 F: 519-866-3884 0r-orb E: bayham@bayham.on.ca rtunity IS W:www.bayham.on.ca Municipality of Bayham Winter Control Operations The Municipality of Bayham is making every effort to ensure that winter control operations are met effectively and economically through policies and procedures. The Municipality of Bayham Winter Operations Plan sets out a policy and procedural framework for ensuring that the Corporation of the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts. PRIORITIES The Municipality's winter control procedures are in place to meet or exceed the Minimum Maintenance Standards as set out in the Municipal Act. As such, some roads are given a higher priority. Not all roads will be maintained in the winter to the same degree. The degree of winter maintenance will vary in accordance with the role the road/street plays in the transportation network and its classification according to the Minimum Maintenance Standards. SIDEWALK MAINTENANCE Only select sidewalks are maintained for winter operations. The Municipality does not perform snow removal around community mailboxes; please contact Canada Post for snow removal in this area. WINTER PARKING RESTRICTIONS As per the Municipality of Bayham Traffic By-law, parking is not permitted on any Municipal streets from 3:OOam-5:OOam. This ensures the Municipality can completely clear streets of snow and that emergency vehicles can get down the street. DRIVEWAY ENTRANCES As we all anticipate having streets cleared free of snow accumulation, no one looks forward to the pile of snow that's left at the end of the driveway. Plows push the snow along the roadway, and some of the accumulated snow travels along the blade. As the plow moves past a driveway, the snow falls to one side leaving what is called a windrow. It is up to the home owner to clear the snow left behind the plow. Piling snow to the right side of the driveway can help reduce the amount of snow pushed back into the driveway. Standing in the driveway and looking at the street determines the right side. MAILBOXES The Municipality will replace broken mail boxes only if the snow removal equipment makes physical contact with the mailbox. Landowners are responsible to ensure that mailboxes are securely attached to their post. Heavy snow will knock down a mailbox if it is not properly secured. LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS — MINUTES October 4th, 2017 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes and John Scholten Staff in attendance: C. Evanitski, J. Maxwell, L. Minshall, P. Walther-Mabee and D. McLachlan Regrets: Tom Southwick The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, October 4th, 2017 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-210/17 moved: C. Grice seconded: R. Geysens THAT the LPRCA Board of Directors add "November Board Meeting Date"under New Business as item 10 (f) to the October 4, 2017 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS a) Kyle Cronk — LENSLA Mr. Cronk and LENSLA had concerns with the agenda that was posted online and the process regarding the Section 28 policies. He stated that LENSLA had been assured they would be consulted in the policy process and was troubled by the Section 28 Policies Report in the current agenda. Mr. Cronk requested to know why LENSLA was not consulted in developing the draft policy but others were consulted. On behalf of LENSLA, Mr. Cronk requested that the Board not approve this draft policy until LPRCA lives up to their promise. Staff explained that these policies are currently in use but had never been written into one inclusive document. The Policies for the administration of the Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation (V3-0 January 18, 2017) will now be the starting point with which to proceed to the public consultation process. This document had been circulated to municipal planning departments and neighbouring conservation authorities to help improve readability and address gaps. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 1 - MOTION A-211/17 moved: D. Brunton seconded: M. Columbus THAT the LPRCA Board of Directors receives the deputation from Kyle Cronk, LENSLA Re: Section 28 Policies. CARRIED MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-212/17 moved: D. Brunton seconded: M. Columbus THAT the minutes of the LPRCA Board of Directors Regular Meeting held September 6 2017 be adopted as circulated. CARRIED REVIEW OF COMMITTEE MINUTES None BUSINESS ARISING None DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved 12 applications since the last meeting. LPRCA-196/17, LPRCA-198/17, LPRCA-199/17, LPRCA-213/17, LPRCA-225/17, LPRCA-226/17, LPRCA-228/17, LPRCA-229/17, LPRCA-231/17, LPRCA-232/17, LPRCA-235/17 and LPRCA-236/17 No questions or comments. MOTION A-213/17 moved: M. Columbus Seconded: R. Geysens That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated September 25, 2017 as information. CARRIED b) New applications The Planning Department recommended approval for five applications. Staff noted that application LPRCA-240/17 originally required a coastal engineer review and drawings but the applicant has since revised the design of the project so that it is now consistent FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 2- with permit requirements. MOTION A-214/17 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-240/17 LPRCA-243/17 LPRCA-241/17 LPRCA-263/17 LPRCA-246/17 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED Further discussion focused on the Emergency Shoreline Protection Process approved at the July meeting. Staff has been in contact with Norfolk County staff to discuss shoreline protection for Norfolk County owned properties along the lakeshore. CORRESPONDENCE No questions or comments MOTION A-215/17 moved: D. Brunton seconded: R. Geysens THAT the correspondence outlined in the Board of Director's Agenda of October 4, 2017 be received as information. CARRIED NEW BUSINESS a) GENERAL MANAGER'S REPORT No questions or comments. MOTION A-216/17 moved: R. Geysens seconded: D. Brunton THAT the LPRCA Board of Directors receives the General Manager's Report for September 2017 as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 3- b) PRESCRIPTION — CALEY/PALMER/ABBOTT BLOCKS 2&3 Plans are completed annually for each property that will be receiving silvicultural treatment. The prescriptions will now be prepared by outside contractors as LPRCA no longer has a Registered Forester Professional on staff. The quote provided by GWG Resources Services is for both blocks of the Caley/Abbott/Palmer Tract consisting of approximately 67.2 hectares (166 acres) and also includes marking, tallying, compiling data and summary volume and valuations. Staff is currently marking, tallying and compiling data for two other LPRCA properties. Tenders for forestry operations on these properties will be advertised this fall. The 2017 budgeted forest revenue is $315,000. MOTION A-217/17 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors approves the prescription/operating plans for the Caley/Abbott/Palmer Tract Block# 2 and Caley/Abbott/Palmer Tract Block#3. CARRIED c) PARKS BUSINESS PLAN UPDATE Staff has been working on developing the parks business plan since early June and is ready to move to the next phase. Surveys will be circulated shortly to LPRCA seasonal campers and at the Norfolk County Fair this weekend. Staff expects to have the finished plan by the end of the year. MOTION A-218/17 moved: R. Geysens seconded: M. Columbus THAT the LPRCA Board of Directors receives the General Manager's Parks Business Plans Update as information; AND THAT staff be directed to proceed with preparing the analysis to complete the SWOT exercise. CARRIED d) SECTION 28 POLICIES LPRCA policies to administer its Conservation Authorities Act Section 28 regulation have not, to date, been available as a written document. Staff has now consolidated its existing policies into a written document, Policies for the Administration of the Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation. The next phase is to post the document, create guides and hold public consultations to review the document. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 4- MOTION A-219/17 moved: M. Columbus seconded: D. Hayes THAT the LPRCA Board of Directors receives the draft policy document, Policies for the Administration of the Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation (V3-0 January 18, 2017) as an expression of the LPRCA's existing policies for the administration of O.Reg. 178/06; AND THAT staff be directed to post the policy document online, create guides and hold consultation with stakeholders. CARRIED e) BIENNIAL TOUR The General Manager and R. Chambers attended the 2017 Biennial Tour hosted by Credit Valley Conservation (CVC) and Conservation Halton. CVC focused on Low Impact Development (LID) as the CVC watershed is almost entirely developed. With very little forest cover, stormwater management and climate change have been and continue to be big concerns. Credit Valley Conservation staff is now the leader in LID dealing with water management. Conservation Halton presented two of their conservation areas (Kelso/Glen Eden and Crawford Lake) and a stormwater pond providing drainage for a major subdivision. MOTION A-220/17 moved: R. Geysens seconded: D.Brunton THAT the LPRCA Board of Directors receives the verbal report on the 2017 Conservation Ontario Biennial Tour as information. CARRIED f) NOVEMBER BOARD MEETING DATE Neither the Chair nor Vice-chair will be available to attend the November meeting, consequently, the Chair suggested moving the meeting to the following Wednesday. Members suggested that November 8th was not convenient, therefore, the meeting will remain on Wednesday, November 1st at 6:30pm with the members present choosing an Acting Chair for the meeting. The Chair adjourned the meeting at 8:05pm. �-- Noel Ha : .a Dana McLachla-n Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 5- Pl°"AP‘144C'N f� ► REPORT op it �,�� CAO �'° tuny IS�o TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 16, 2017 REPORT: CAO-70/17 SUBJECT: SIGN BY-LAW BACKGROUND: On May 23, 1995 the Council of the Corporation of the Village of Port Burwell passed By-law No. 1995-016, being a by-law Prohibiting and Regulating the Erection of Signs and Advertising Devices. By-law 1995-016 has not been repealed as of the writing of this report. On May 1, 2003 the Council of the Corporation of the Municipality of Bayham considered Report P2006-003 concerning a draft Sign By-law. The Council of the Corporation of the Municipality of Bayham ultimately never enacted By-law No. 2003-019. A copy of By-law 2003-019 is attached hereto as Appendix 'A'. On April 18, 2013 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2013-038, being a by-law to authorize the execution of a County Road Agreement (0067- 003) with Elgin County. DISCUSSION The Elgin County Road Agreement contains the following provisions pertaining to signs: SOS702 - Unapproved Signage • The municipality shall remove any and all signage that becomes a safety concern due to sight line or drainage obstruction or is found to be in an unsafe condition or position that has the potential to threaten pedestrian or motorist safety. • Any unapproved signage attached to County infrastructure shall be removed immediately. Section 11 - Maintenance Best Practices • All signs, without an approved County permit, within the right-of-way should be noted and removed by the patroller where possible. In preparation for the 2018 Municipal Election and the Elgin County Road Maintenance Agreement staff have drafted a proposed Sign By-law, attached hereto as Appendix `B'. As per previous Council direction staff are currently in the final stages of negotiations with the County concerning the next term of the County Road Maintenance Agreement. The Elgin County Road Maintenance Agreement will include further roadside clearing, `fence line to fence line' which will increase the importance of Section 11 and Section SOS702 of the Elgin County Road Maintenance Agreement. Generally, the proposed Sign By-law is designed to function as follows: 1) Repeal Port Burwell By-law No. 1995-016 to eliminate a Sign Permitting and Licensing process. 2) Prohibit the placement of Signs, with the exception of Election Signs during specified time periods, within a municipal right-of-way. a. This will eliminate maintenance obstacles within the right-of-way. 3) Creates an objective and documented process for the removal of unauthorized Signs. The proposed Sign By-law does not contemplate a permit or licensing system for Signs on private property. Should Council approve the proposed Sign By-law staff would propose the following enforcement procedure roll-out: 1) November 16, 2017 — May 1, 2018 — Notice and Education of Sign By-law. 2) May 2, 2018 — Removal of all remaining unauthorized Signage which may be reclaimed by owners at no charge. 3) June 4, 2018 —Active enforcement of all provisions of the Sign By-law As a note, during the proposed enforcement roll-out procedure any signs which cause an immediate health & safety issue (sight lines) would be removed by Public Works staff. The tiered roll-out would provide ample time to adjust to active compliance with the County Road Maintenance Agreement. RECOMMENDATION 1. THAT Report CAO-70 /17 re Sign By-law be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a Sign By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW#2003-019 A BY-LAW FOR PROHIBITING AND REGULATING THE ERECTION OF SIGNS& OTHER ADVERTISING DEVICES WHEREAS Sections#8,#11,#15(4),and#99 of The Municipal Act,S.O.2001,Chapter M25,as amended,provides that the Council of a Municipality may pass by-laws for the prohibiting and regulating the erection of signs and other advertising devices and the posting of notices on building or vacant lots within any defined area or on land abutting on any defined highway or part of a highway; AND WHEREAS The Municipal Act, S.O. 2001, Chapter M25, Section 425 provides that any person who contravenes any by-law of the municipality is guilty of an offence; AND WHEREAS The Municipal Act, S. O. 2001, Chapter M25, Section 427 provides that the Municipality has authority by by-law or otherwise,to direct or require that a matter or thing be done, and in default of it not being done,such matter or thing shall be done at the person's expense;and the Municipality may recover the costs of doing a thing or matter from the person directed or required to do it and may recover the costs by action or by adding the costs to the tax roll and collecting them in the same manner as taxes; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to pass a by-law to regulate the use of signs and advertising devices in the Municipality of Bayham with a view to ensuring the safety of the public in respect to the erection and maintenance of such signs; Now therefore the council of the Corporation of the Municipality of Bayham enacts as follows: 1.0 TITLE AND SCOPE: 1.1 Short Title: This By-law maybe cited as the"Sign By-law". 1.2 Scope: The provisions of this By-law shall regulate the erection,location,construction,alteration, repair and maintenance of all outdoor signs and other advertising devices on land abutting any highway or part of a highway within the limits of the Corporation of the Municipality of Bayham. 2.0 DEFINITIONS: The following definitions shall apply for the purposes of this By-law unless the context otherwise provides: 2.1 Abandoned Sign-means a sign that no longer correctly directs or advertises a bona-fide business, lessor, owner, product or activity conducted, or product produced on the premise upon which the sign is displayed. 2.2 Advertising Device - means any fancifully and professionally designed device, commercially produced object or any means of identification visible from any public street creating a design and intended to be erected or located or affixed on any land, building or structures which directs attention to any land, building or structure and includes flags,banners,pennants,lights or any object intended for advertising purposes. For the purposes of this By-law,an advertising device shall mean a sign. 2.3 Alteration-means any change to a sign structure or sign face including the addition, deletion or re-arrangement of parts,excepting the changing of the message displayed by the sign,or the replacement of identical parts for maintenance purposes. 2.4 Area ofe Sign-means the number of square metres on the surface of the sign including the border and frame. The area of a multiple faced sign shall be 50%of the sum of the area of all the faces. 2.6 Awning—means a temporary shelter or roof-like projection consisting entirely of non- rigid materials such as cloth or canvas,except for supporting framework. An awning must be retractable. 2.7 Awning Sign-means a non-illuminating identification sign painted to or affixed flat to the surface of an awning that does not extend vertically or horizontally beyond the limits of such awning. 2.8 Banner Sign - means a sign produced on cloth, paper, fabric or other combustible material of any kind,which is normally hung from an object or structure using rope or some other device. 2.9 Billboard Sign-means a pole or pedestal sign erected for the purpose of displaying advertising posters that are renewed from time to time. 2.10 Building-means any structure or edifice use or intended to be used for the storage goods,chattels or people. 2.11 Building Face- means the external wall of a building elevation in one plane or elevation. 2.12 Business Sign-means a sign erected and maintained by a person,firm,corporation, business,commercial service or industrial enterprise upon which space is displayed the name of the business and/or a description of the product or service made,produced, assembled,sold or stored in the premises upon which the sign is erected. 2.13 Canopy—means a permanent roof-like projection,which extends from part or all of the building face or wall and is constructed of metal,glass,plastic or cloth. 2.14 Canopy Sign—means a sign attached to or constructed in or on the canopy. 2.15 Chief Building Official-means the person so appointed by Council pursuant to the provisions of the Building Code Act. 2.16 Construction Sign - means a sign identifying a proposed development or a construction project where work is in progress. 2.17 Council-means Council of the Corporation of the Municipality of Bayham. 2.18 Curb-means the edge of the travelled portion of the highway. 2.19 Display Surface-means the surface made available by the structure,either for direct mounting of letters and decorations or for the mounting of facing material intended to carry the entire advertising message. 2.20 $lection Sign - means a sign indicating support of a candidate or a recognized political party in a municipal,regional,provincial or federal election. 2.21 Electronic Sign-means an illuminated,remotely controlled changeable display sign, excluding signs that only display time and/or temperature. 2 2.22 Erect-means anything done in the installation,placement,maintenance,repair or alteration of any sign. 2.23 Erector-means anyone who does anything or permits anything to be done or causes anything to be done in the erection,maintenance,repair,installation or placement of any sign. 2.24 Face-means the surface of the sign upon,against or through which the message of the sign is exhibited. 2.25 Flashing Sign -means a sign that contains a light source varying in intensity or colour,or a sign that is illuminated by a light source varying in intensity or colour. 2.26 Frontage-means the width of a lot between the side lot lines measured at the street line. Where more than one property line abuts the street line each property line shall be considered separately for the purposes of determining frontage. 2.27 Grade-means when used in reference to a sign the average elevation of the finished surface of the ground where it meets the supports of the sign or the building upon which it is erected,exclusive of any artificial embankment. 2.28 Ground Sign-means a sign three(3)metres or less in height directly supported from the ground without the aid of any other building or structures other than the sign structure. 2.29 Height of Sign-means the actual vertical distance from the nearest finished grade to the highest point of the sign. 2.30 Highway-includes a common and public highway,street,avenue,roadway,road allowance,lane,driveway,parkway square,place,bridge,subway,viaduct,trestle or by- pass designed or intended for the use of the general public for the passage of vehicles and pedestrians. 2.31 Home Occupation-means a use as defined pursuant to the terms of the Municipality of Bayham Zoning By-law,as amended from time to time. 2.32 Illuminating Device-means any device employing artificial lighting intended to draw attention to a sign whether designed to function internally or externally in reference to a sign. 2.33 Institutional Sign - means any sign pertaining to government departments and agencies,hospitals,churches,schools,service clubs and similar non-profit organizations. 2.34 Lot - means any parcel of land, held in separate and distinct ownership from adjoining parcels of land,whether such parcel is described in a registered deed,or shown as a lot or block on a registered plan of subdivision on which a sign is located or intended to be located. 2.35 Marquee—means a permanent roof structure projecting horizontally from the face of the building. 2.36 Multiple Faced Sign-means a sign having two or more faces. 2.37 Municipal Law Enforcement Officer—means a person appointed by Council of the Municipality of Bayham to enforce the By-laws of the Municipality of Bayham. 2.38 Municipality -means the Corporation of the Municipality of Bayham. 2.39 Occupant—means the person in physical possession of the premises and includes all 3 persons who have the responsibility for and control over the condition of the premises or the activities there carried on notwithstanding that there might be more than one occupant of the same premises. 2.40 Over-Hangins Signs-means a sign,which projects from a wall of a premise and which is either single or double faced, with the sign face or faces approximately perpendicular to the plane of such wall. 2.41 Owner-includes: (a) Owner of a sign (b) Owner of the real property on which the sign is located,or, (c) Person,for the time being,managing or receiving the rent of (i) The sign,or (ii) The real property on which the sign is located. 2.42 Person-means and includes a real or corporate person. 2.43 Point of Sale Sign - means a sign erected and maintained upon which there is displayed advertising copy,describing products or services or services which are made, produced, assembled, sold, stored or available from the lot upon which the sign is erected. 2.44 Pole/Pedestal Sign-means a sign greater than three(3)metres in height directly supported from the ground without the aid of any other building or structure other than the sign structure. 2.45 Portable Ground Sign-means a type of ground sign situated on the ground but not permanently affixed thereto and without restricting the generality of the foregoing,be deemed to include signs that may be moved from place to place. 2.46 Poster Sign — means any type of advertising device that is generally made of cardboard, plastic, fibreboard, paper or similar flexible material and designed to be attached to the surface of a structure,building or post. 2.47 Premises — means that portion of a lot on which is carried on a business or undertaking and which is located within a building or structure erected upon such lot. 2.48 Produce Sign-means a sign not exceeding 0.6 square metres (approximately 6.5 square feet)in area and advertising seasonal locally grown farm produce for sale. 2.49 Projecting/Hanging Sign-means a type of vertical sign so constructed and so erected as to be attached at one end to a building and projecting outwardly there from. 2.50 Property Line - means any boundary that divides a lot from another lot or road allowance or highway. 2.51 Real Estate Sign-means a sign that advertises property or premises for sale,lease or rent 2.52 Residential Property - means property designated "Residential" or "Rural Residential" or "Estate Residential" in accordance with the Official PIan for The Municipality of Bayham passed on July 5,2001,as amended from time to time. 2.53 Road Allowance - means that portion of land allowed for road or highways established by any statute,act,by-law or plan. 2.54 Roof Sign-means a sign that is erected,constructed or supported on or above a roof of a building. 4 2.55 Sidewalk- means that portion of a highway between the curb and property line designed and constructed primarily to facilitate the movement of pedestrians. 2.56 Sight Angle-means the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being ten(10)metres measured along the street line from the point of intersection of the street lines. 2.57 Sigi -means any device displaying any letter,picture,stroke,stripe,line,trademark, reading matter, or illuminating device constructed, attached, erected, fastened or manufactured in any manner whatsoever,so that the same shall be used for the attraction of the public to any place,subject,person,firm,corporation,public performance,article, machine or merchandise whatsoever and displayed in any manner whatsoever. 2.58 Structure-when used in reference to a sign means the supports,uprights,bracing and framework of a sign. 2.59 Street Line-means the boundary Iine that divides a lot from a road allowance or highway. 2.60 Snecial Event Sign-means temporary street decorations,banners,paper signs,cloth signs,poster,handbills or any other temporary advertising devise installed for various civic celebrations and/or other festivals and/or events. 2.61 Temporary Directional Sign-means a sign erected to advertise the location of a recently established business. Such business having been operational for a period not exceeding six(6)months. 2.62 Traffic Sign-means a sign,marking or device carefully placed for the purpose of regulating or prohibiting traffic. 2.63 Violator—includes but is not limited to the property owner,the tenant,supplier of sign(s)or other party having an interest in the sign,or a combination of the above. 2.64 Visual Obstruction-means a sign which when so erected impairs the view of the public as may be determined by the Public Works Department for the Municipality. 2.65 Wall/Facia Sign-means a sign that is attached directly to the building wall or that part of a building wall that has the sign displayed directly on the wall. 2.66 Zoning By-law-means any by-law regulating the use of lands and the character, location and use of buildings and structures in the Municipality and passed pursuant to the Planning Act. 3.0 GENERAL PROVISIONS&REQUIREMENTS: 3.1 No person shall erect,place,maintain,repair,alter,cause or permit to be erected,placed, maintained,repaired or altered any sign without first having obtained a permit except as may be provided in Section 6.1 (Permit Exceptions). 3.2 Neither the granting of a permit nor the approval of the drawings and specifications,nor inspection made by the Chief Building Official during the erection of a sign shall,in any way,relieve the owner of such sign or the owner of the property on which the sign is located, from full responsibility for carrying out the work in accordance with the provisions of this By-law. 3.3 The Chief Building Official shall review all applications,plans and specifications submitted 5 for sign permits and if in conformity with the provisions of this By-law and all other applicable law,shall certify the plans and issue the sign permit. 3.4 Every sign shall be designed,constructed and erected in conformity with the provisions of this By-law and the Ontario Building Code. 3.5 Where a sign is required to be designed by a Professional Engineer or Architect the Chief Building official may require that the sign and its supporting structure be certified by the Engineer or Architect as being erected in compliance with the design drawings and specifications. 3.6 Where this By-law prescribes minimum setback provisions such setbacks shall be the shortest horizontal distance from any part of the signor its supporting structure to the nearest property line. 3.7 Every sign utilizing electricity shall be subject to the requirements of the authority having jurisdiction with respect to the supply of electricity. 3.8 Notwithstanding any other provision of this By-law,no person shall: (a) Erect or maintain any sign including signs displayed within a building,spotlights, floodlights,or any other special illumination or on a building or structure or portion thereof, in such a location or with materials, lights or colours, so as to interfere with the proper operation and visibility of any traffic signal light or traffic sign which is now or may hereafter be erected for the control or guidance of traffic and pedestrian upon the highways and/or streets of the Municipality, (b) Erect or maintain any sign where,it would adversely interfere with the line of vision of pedestrian or vehicular traffic, (c) Erect or maintain a sign located as to obstruct openings required for light and ventilation,any required means of egress or required access for fire fighting in accordance with the Ontario Fire Code or Ontario Building Code. 3.9 No sign shall be erected where the top of such sign will exceed a height of ten(10)metres above grade. 3.10 Where the provision of one portion of the By-law conflicts with any other provision of this By-law the most restrictive requirement shall be used to establish the minimum requirement. 4.0 APPLICATIONS&PERMITS: 4.1 Every application for a sign shall be submitted to the Chief Building Official on a prescribed form provided for that purpose and shall be accompanied by: (a) A plot plan showing the property lines of the lot on which the sign is proposed to be located, the location of the sign in relation to the lot lines and to all other structures located on such lot. (b)The Chief Building Official may require the correctness of such plans so submitted to be certified by an Ontario Land Surveyor. (c) Complete plans and specifications of the proposed sign sufficient in detail to include information with regard to materials used;message;lighting;colours;dimensions ofthe sign area;sign face;and supporting members;the maximum height,clearance and projection;and all relevant structural information to allow the Chief Building Official to determine if the proposed sign complies with the provision of the By-law and any other applicable laws. (d)The Chief Building Official may require such additional information as maybe required to determine if the structure or building will carry the additional loads or stress imposed by the erection of the sign. (e) The required sign permit application fee as set out in Schedule'A'attached hereto. 4.2 No person shall erect or cause to be erected a sign except in accordance with the certified plans,specifications or other information on the basis of which a permit was issued or any 6 changes authorized by the Chief Building Official. 4.3 In the event that the Chief Building Official refuses to issue a permit or revokes a permit,the owner or applicant may appeal such decision to Council. Such appeal must be undertaken within thirty(30)days of such refusal or revocation. 4.4 Permit Application Fee Refunds (a) Where an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected,upon written request of the applicant,the Chief Building Official may refund 50%of the permit application fee. (b) When an application is filed and no permit issued no fees will be refunded after six (6)months after the date of the filing of the application,and (c) Where a sign permit is issued and the sign is not erected no refund shall be made after twelve(12)months of the date of issuance of the permit. 4.5 Every sign for which a permit is required,shall be subject to inspection. The owner or his designate shall notify the Chief Building Official when the sign is completed and ready for inspection. 4.6 The Chief Building Official may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made, enter in or upon any land or premises at any time without a warrant. 4.7 The Chief Building Official may for the purpose of determining if a sign is safe and/or complies with the requirements of this By-law require the owner to produce documentation for the Chief Building Official's review to assist in the determination of the sign's safety and/or compliance. 4.8 The Chief Building Official may cancel an application for a sign permit which is still incomplete after six(6)months of the date of filing the application and such application,in the opinion of the Chief Building Official,is not being seriously pursued. 4.9 The Chief Building Official may revoke a sign permit: (a) Where it has been issued on mistaken or false information, (b) Where, after six months of issuance, work has not been fully completed in the opinion of the Chief Building Official, (c) Where work is substantially suspended or discontinued for a period of more than one year, (d) Where a sign is removed,save and except seasonally erected signs. 5.0 APPEALS&VARIANCES: 5.1 Where a person cannot comply with the provisions of this By-law application maybe made to the Council of the Municipality of Bayham for a sign variance to the provisions of this By- law. 5.2 Application to Council for a variance shall clearly set out why the provisions of the By-law cannot be met and shall be accompanied by the appropriate fee for a sign variance as detailed in Schedule'A'attached hereto prior to Council hearing the application for sign variance. The fee is non refundable. 5.3 Council may,upon the application for a sign variance from the provisions of this By-law, authorize such minor variances provided in the opinion of Council the general intent and purpose of the By-law are maintained. 5.4 A separate application for a minor variances under the Municipality of Bayham's Zoning By-law maybe required. 7 6.0 SIGN SPECIFICATIONS: 6.1 Permit Exemptions Notwithstanding the provisions of the By-law and unless otherwise required herein, no permit shall be required for the following signs: (a) A sign not exceeding 0.2 square metres(approximately 2.15 square feet) in area identifying the ownership of a property in a Residential or Rural Residential Zone, subject to the terms and conditions of Section 6.4.2, (b) A construction sign,subject to the terms and conditions of Section 6.4.3, (c) An election sign,subject to the terms and conditions of Section 6.4.4, (d) An institutional sign,subject to the terms and conditions of Section 6.4.5, (e) A real estate sign not exceeding 0.6 square metres(approximately 6.5 square feet)in area identifying a property for rent, sale or lease, and subject to the terms and conditions of Section 6.4.6; (f) A produce sign as defined in this By-law provided there is only one such sign per frontage, (g) A sign erected inside a building or structure, (h) A sign not exceeding 0.2 square metres(approximately 2.15 square feet)displaying a prohibited use, (i) An official plan and zoning by-law amendment sign,required by Council policy to be erected(such sign shall be removed when required under the policy); (j) The changing or repair of any non-structural part of an existing legally erected sign or an approved,sign for which a permit was issued,that is designed for such change or the repainting or reporting of the advertising message on the display surface of such sign. 6.2 Prohibited Signs The following signs are prohibited from being erected within the jurisdiction the Municipality of Bayham: (a) Flashing signs, (b) Revolving signs or beacons, (c) Signs which are not conventionally supported by structural apparatus but float above the ground and aro tethered to the ground (d) Signs which by their pictures,words or drawings are indecent or may tend to corrupt or demoralize (e) No sign shall be erected on any utility pole,traffic marker,tree,shrub or hedge. 6.3 CLASSIFICATION BY STRUCTURAL TYPE: All signs shall comply with the general provisions of the By-law as well as all specific requirements of the By-law,which may be applicable to its particular use as determined in Section 3 of this By-law. 6.3.1 Ground Signs Unless otherwise prohibited in this By-law ground signs may be erected provided: (a) Ground signs shall not exceed 3 square metres(approximately 32.3 square feet)in area. (b) Ground signs shall not exceed 3 metres in height. (c) No portion of a ground sign shall be erected closer than 1 metre to a property line. (d) A ground sign shall not be located in a sight triangle as defined in this by- law. (e) Except as provided in 6.3.1 (e) not more than one ground sign shall be permitted for each business to a maximum of three ground signs per frontage. (f) Where the traffic speed limit applicable to the highway adjacent to a lot exceed 70 kilometres per hour and the lot has a minimum frontage of exceeding 150 metres then a maximum of three ground signs maybe erected. 8 6.3.2 Sandwich Board Signs Unless otherwise prohibited in this By-law a sandwich board sign may be erected provided: (a) "Sandwich Board" signs shall have dimensions not greater than 0.61m(in width)x 0.91m(in height)(approximately 2'x 3')in total area; (b) Shall not be erected within three(3)metres of another sandwich board sign or a driveway entrance; (c) Shall not, in the case of corner lots, be erected within 6.1 metres (approximately 20 square feet)of the intersection of two or more streets; (d) Shall not block pedestrian traffic; (e) Shall be removed at the end of business hours each day; (f) 1 sandwich board sign may be erected for each property. (g) Sandwich board signs shall not be permitted,without written permission of Council,in any Residential or Rural Residential or Estate Residential Zones. 6.3.3 Portable Ground Signs Unless otherwise prohibited in this By-law portable a ground sign may be erected provided: (a) Portable ground signs shall not exceed 3 square metres(approximately 32.3 square feet)in area. (b) Portable ground signs shall maintain a minimum setback of 1.0 metres from any property boundary, (c) Portable ground signs shall not be located in a sight triangle as herein defined, (d) No portion of a portable ground sign including directional arrows shall be flashing, (e) Portable ground signs shall not be permitted,without written permission of Council,in any Residential or Rural Residential or Estate Residential Zones 6.3.4 Awning,Canopy&Marquee Signs Unless otherwise prohibited in this By-law awning,canopy and marquee signs may be erected provided: (a) No awning,which in any way overhangs any street,shall be supported by any support extending to the sidewalk,but shall be supported by metal framework secured to the building and every part of such awning including its curtains, framework,awning cover,etc., shall not be less than 2.5 metres above the established grade of the sidewalk. (b) No awning which in any way overhangs any street shall carry any sign or advertising matter other than the name and character of the business to which it relates. (c) Awnings shall be made of canvas or other fabric with metal frames and be of the usual roll-up type,or folding type,or maybe made of metal,fibreglass or other durable materials,provided they are sectional, and capable of being folded up against the building,and provided they shall not project more than 0.3 metres over the street line when folded. Awnings made of wood shall not be permitted. (d) Notwithstanding anything hereinbefore contained, canopies and/or canopy signs maybe erected on any building or premises provided that such canopies and/or canopy signs shall not have a projection measured on right angles from any building or walk of more then 1.2 metres. In measuring the distance which any canopy sign projects,any neon or other raised lettering or device mounted on the edge or fascia boards of the canopy shall be deemed to be a part of the canopy and the overall distance from any building or walk to the edge of the lettering or device shall not exceed 1.2 metres. (e) Canopy signs which in any way project from any building or premises shall not carry any lettering or advertising device other than the name and character of the business to which such sign relates. (f) Canopies shall not exceed 0.3 metres in,vertical thickness,nor shall they have edges or fascia boards more than 0.3 metres wide. 9 (g) No canopy shall be erected or maintained,the lowest point of which is less than 2.75 metres above the grade. (h) Canopy signs shall not project above or below the canopy or its edges. (1) Horizontal signs parallel to the face of the building and resting on or attached to the top of a canopy shall not project more than 0.3 metres over the street. 6) No signs except fascia signs fastened on the building itself and parallel to the front of the building shall be erected below a canopy. 6.3.5 Pole/Pedestal Signs Unless otherwise prohibited in this By-law pole/pedestal signs may be erected provided: (a) Pole signs shall be greater than 3 metres in height but not greater than 10 metres. (b) Pole signs shall not exceed 12.0 square metres(approximately 129 square feet)in area. (c) Pole signs shall be designed by a Professional Engineer or Architect and shall be erected under the supervision of such Professional Engineer or Architect and shall be certified by such Professional Engineer or Architect as having been erected in accordance with the design drawings and specifications. (d) The number of pole signs on any one lot shall not exceed one(1)sign for each street frontage. (e) Pole signs are not permitted in any Residential or Rural Residential or Estate Residential Zones as herein defined. 6.3.6 Roof Signs Unless otherwise prohibited in this By-law a roof sign may be erected provided: (a) Roof signs shall not exceed 10 metres in height as measured from grade. (b) Roof signs shall not exceed 10 square metres(approximately 107.6 square feet)in area. (c) If required by the Chief Building Official roof signs shall be designed by a Professional Engineer or Architect to ensure the safety of the design as well as the Building on which it is to be erected. (d) The maximum number of roof signs shall not exceed one(1)per building. (e) Roof signs are not permitted in any Residential or Rural Residential or Estate Residential Zones. 6.3.7 Wall/Facia Signs Unless otherwise prohibited in this By-law a wall/facia sign maybe erected provided: (a) The total area of all wall signs shall not exceed 10%of the area of a building face. (b) Wall signs shall not project more than 400 millimetres (approximately 15.75 inches)from a building face. (c) Wall signs shall not extend above the eave of the building face. (d) Wall signs are not permitted in any Residential or Rural Residential or Estate Residential Zones. 6.3.8 Projecting/Hanging Signs Unless otherwise prohibited in this By-law a projecting/hanging sign maybe erected provided: (a) Projecting signs shall not project more than 2 metres from the face of the building wall. (b) A projecting sign shall not extend over a street or highway and shall not extend closer than 0.6 metres to a property line. (c) Projecting signs shall not exceed 10 square metres (approximately 107.6 square feet)in total area. (d) Where required by the Chief Building Official, projecting signs shall be designed by a Professional Engineer or Architect. (e) Projecting signs are not permitted in any Residential or Rural Residential or Estate Residential Zones. 10 6.4 CLASSIFICATION BY USE: All signs must comply with the general provisions of the By-law as well as the specific Provisions for its structural type as determined in Section 5 of this By-law. 6.4.1 Point of Sale Signs (a) Shall require a sign permit; (b) Unless otherwise specifically permitted herein Point of Sale signs shall be located only on the lot to which the sign applies and shall only advertise a use,service or product available from the lot on which the sign is located. (c) Section 6.4.1 does not apply to a home occupation sign,an institutional sign or an election sign. (d) Section 6.4.1 shall not apply to prohibit the erection of one industrial directory sign per plan of subdivision or similar lands intended primarily for multiple industrial occupancies. (e) An industrial directory sign shall require a sign permit and is a sign erected to identify the name and address of more than one industrial use and the uses are not necessarily on the lands on which the sign is located. Such sign shall still comply with the requirements applicable to its construction type and is subject to re-inspection and renewal every five years after the initial permit is issued. 6.4.2 Home Occupation Signs (a) A home occupation sign shall not exceed 0.2 square metres(approximately 2.15 square feet)in area and shall not exceed 1.5 metres in height. (b) There shall be only one such home occupation sign per lot. (c) A home occupation sign shall not be illuminated. 6.4.3 Construction Sign Construction signs may be erected on a project site or within an active plan of subdivision provided they comply with the following: (a) Shall not exceed 5 metres in height and shall not exceed 12 square metres (approximately 129 square feet)in area, (b) Shall remain in place for only that period of time the project is active,and (c) Shall comply with all applicable general requirements as provided for in the By-law. 6.4.4 Election Sign Election signs may be erected on streets in any zone,which is under the jurisdiction of the Municipality,subject to the following conditions: (a) No such sign is greater than 1.5 square meters in sign area(approximately 16.15 square feet), or is not greater than 2 meters in height; (b) The sign is not erected within the Municipality's parks or other properties, without the written consent of Council; (c) The signs do not impede pedestrian or vehicular traffic. Election signs may be erected on lots in any zone,which is under the jurisdiction of the Municipality,subject to the following conditions: (a) Consent of the owner or occupant is obtained;and (b) No such sign is greater than 1 square meter in sign area(approximately 10.76 square feet), or is not greater than 2 metres in height. No person shall pull down,remove,deface, or cause damage to any election sign lawfully erected under this By-law without the consent of the property owner, occupant political candidate or political party who placed the sign. 6.4.5 Institutional Signs (a) Institutional signs that do not exceed 1.5 square metres(approximately 16.15 11 square feet)in area,shall not require a sign permit but are subject to all other requirements of this By-law. (b) Institutional signs that exceed 1.5 square metres(approximately 16.15 square feet)in area,shall require a sign permit. (c) Institutional signs exceeding 1.5 square metres(approximately 16.15 square feet)in area shall require a sign permit. (d) Institutional signs shall not be located on any property other than the property to which the sign applies except that Council may grant permission to specific signs for specific events and times. 6.4.6 Real Estate Signs (a) Real Estate signs that do not exceed 0.6 square metres(approximately 6.5 square feet)in area,shall not require a sign permit but are subject to all other requirements of this By-Iaw. (b) Real Estate signs that exceed 0.6 square metres (approximately 6.5 square feet)in area,shall require a sign permit and are subject to all requirements of this By-law as maybe applicable to the structural type of sign erected. (c) Real Estate signs shall be removed within ten(10)days of the closing date and transfer of the property's ownership. 6.4.7 Temporary Directional Sign A temporary directional sign may be erected in accordance with the following provisions: (a) A temporary directional sign shall comply with the requirements of a ground sign as defined herein and shall not exceed 2.2 square metres(approximately 23.68 square feet)in area, (b) A maximum of two temporary directional signs are permitted for each business with a maximum of one sign per street, (d) Temporary directional signs may be erected for a maximum period of one year from the date of permit issuance and such one year period may be extended for a maximum of one additional year provided all the applicable terms of this by-law are met, (e) Temporary directional signs are restricted to lots abutting to Provincial and County roadways. 6.4.7. Special Event Sign Special Event signs may be erected on streets in any zone,which is under the jurisdiction of the Municipality,subject to the following conditions: (d) No such sign is greater than 1.5 square meters in sign area(approximately 16.15 square feet), or is not greater than 2 meters in height; (e) The sign is not erected within the Municipality's parks or other properties, without the written consent of Council; (f) The signs do not impede pedestrian or vehicular traffic. Special Event signs may be erected on lots in any zone, which is under the jurisdiction of the Municipality,subject to the following conditions: (c) Consent of the owner or occupant is obtained;and (d) No such sign is greater than 1 square meter in sign area(approximately 10.76 square feet), or is not greater than 2 metres in height. 7.0 MAINTENANCE&REMOVAL OF SIGNS 7.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business,lessor,owner,product of activity conducted or product available,on the premises where such as a sign is displayed,the owner shall remove the sign within thirty(30)days from the date of receipt of Notice a such removal from the Chief Building Official or a Municipal Law Enforcement Officer. 12 7.2 Removal of Dangerous Signs - In cases of emergency, the Chief Building Official or a Municipal Law Enforcement Officer may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a physical hazard to public safety. 7.3 If any sign is in an unsafe or defective condition,but not an immediate hazard to public safety,the Chief Building Official or a Municipal Law Enforcement Officer may give written Notice to the owner of such sign to repair or remove said sign within a period of forty-eight (48)hours.It shall be the duty of such owner to repair or remove such sign in accordance with the said Notice. If the Notice is not adhered to,or if the owner of the sign cannot be located,the Chief Building Official or a Municipal Law Enforcement Officer may have the offending sign removed. 7.4 If a Notice or an Order is not complied with,the Chief Building Official or a Municipal Law Enforcement Officer is authorized to pull down or remove any sign that is erected or displayed in contravention of the By-law and may require any person who: (a) Has caused a sign or other advertising device to be erected,displayed,altered or repaired without first having obtained a permit to do so;or (b) Having obtained a permit has caused a sign or other advertising device to be erected, displayed,altered or repaired contrary to the certified plans in respect of which permit was issued,to make such sign or other advertising device comply with the provisions of this By-law if it does not so comply,or to remove such sign or advertising device within such period of time as the Chief Building Official or a Municipal Law Enforcement Officer specifies. 8.0 LIABILITY: Notwithstanding anything contained herein or any permit issued or inspections made by the Chief Building Official or a Municipal Law Enforcement Officer,any person erecting,displaying, altering or repairing any sign under the provisions of this By-law and the owner and/or occupant of the building or premises to which it relates,shall at all times be responsible severally and jointly,that the said sign is properly and safely erected,displayed,altered or repaired in a condition ensuring the safety of the public at any time and in that they shall indemnify and save harmless the Corporation of the Municipality of Bayham from and against all loss,damages,costs,charges and expenses,which may be incurred or be paid by reason of the erection or maintenance of such sign. 9.0 ADMINISTRATION&ENFORCEMENT: 9.1 The Chief Building Official and/or any Municipal Law Enforcement Officer shall be responsible for the administration and enforcement of this By-law as provided for herein. 9.2 The Chief Building Official shall perform the following functions: (a) Receive and review all applications in conjunction with any sign or sign structure governed by this By-law. (b) When the application conforms to the provisions of this By-law and all other By-laws of the Corporation,the Chief Building Official will review and approve the drawings and specifications,retain one(1)set for file purposes and issue the sign permit. (c) Carry out such inspection as may be necessary to satisfy him that all construction is in compliance with the provisions of this By-law and the approved plans. (d) Issue the required Notice whenever work is found not to be in conformity with the provisions of this By-law. 9.3 The Chief Building Official is empowered to enter or inspect any building, structure or premises in the Municipality for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists. 13 9.4 If, upon inspection, the Chief Building Official or Municipal Law Enforcement Officer finds that a sign is abandoned,the Chief Building Official or a Municipal Law Enforcement Officer shall issue a written Notice to the owner of the sign and/or occupant of the premises, and the owner of the premises,stating the nature of the violation and requiring the sign to be removed within thirty(30)days of the date of the Notice. 9.5 If, upon inspection,the Chief Building Official or a Municipal Law Enforcement Officer finds that a sign is materially or electrically defective,or erected and displayed without first having obtained a permit to do so, the Chief Building Official or Municipal Law Enforcement Officer shall issue a written Order to the owner of the sign and/or occupant of the premises,and the owner of the premises,stating the nature of the violation and requiring the sign to be repaired or removed within forty-eight(48)hours of the date of the Order. 9.6 When a sign ceases to comply with the requirements of this By-law as a result of a road widening the Chief Building Official or a Municipal Law Enforcement Officer may require the removal of the subject sign at the owners'expense within thirty(30)days of notification. 9.7 Service of any Notice or Order under this Section shall be carried out by personal service upon the violator, by the Chief Building Official or Municipal Law Enforcement Officer. 9.8 Where the owner fails to comply with a Notice issued pursuant this Section of the By-law, the Chief Building Official or a Municipal Law Enforcement Officer may cause such sign to be removed or the contravention corrected at the expense of the owner of the premises and the Municipality may recover the expense incurred by action, or in the same way be recovered in like manner as municipal taxes. 9.9 Signs so removed by the Municipality of Bayham shall be stored by the Municipality for a period of time of not more than forty-five(45)days,during which time the owner or his agent may be entitled to redeem such sign upon receipt of the Treasurer of the amount calculated by the Chief Building Official or a Municipal Law Enforcement Officer as the costs of removing the sign($50.00 minimum charge)plus storage charge of$2.00 per day. 9.10 Where a sign has been removed by the Municipality and stored for a period of forty-five(45) days and has not been redeemed,such sign maybe forthwith destroyed or otherwise disposed of by the Municipality on authority and direction from the Chief Building Official or a Municipal Law Enforcement Officer, and the owner of the sign shall be liable to pay the Municipality the cost of removal and storage of the sign as provided for in Section 9.12 herein. 9.11 The Municipality of Bayham shall not be liable to compensate the owner, occupant or another person having interest in the sign,by reason of anything done by or on behalf of the Municipality under the provisions of this By-law. 9.12 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign or display for personal injury or property damage resulting from the placing of such sign or resulting from the negligence or wilful acts of such person, his agents or employees, in the construction, erection, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor can it be construed as imposing upon the municipality of its officers or employees any responsibility by reason of the approval of any signs,materials or devices under the provisions of the by-law. 9.13 Any person who contravenes any provision of this By-Iaw is guilty of an offence,and on conviction is liable to a fine as provided for in the Provincial Offences Act,as amended and any successor legislation thereto. 9.14 Each day such violation is committed,or permitted to continue,shall constitute a separate offence and maybe punishable as such there under. Such fine shall be recoverable under the Provincial Offences Act. 14 9.15 Where a person has been convicted of an offence under this By-law, the Court may in addition to any other penalty imposed on the person convicted,issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence. 9.16 Every person who fails to comply with an Order made under this By-law,as confirmed or modified,is guilty of an offence and on conviction is Iiable to a fine as provided for in the Provincial Offence Act 10.0 DETERMINATION OF LEGAL NON-CONFORMING SIGNS: 10.1 Existing signs which do not conform to the specific provisions of this By-law maybe eligible for the designation"legal non-conforming"provided that: (a) The Chief Building Official determines such signs are properly maintained and do not in any way endanger the public. (b) The sign was installed in conformance with a valid permit or variance,or complied with all applicable laws on the date of adoption of this By-law. 10.2 A legal non-conforming sign may lose this designation if: (a) The sign is relocated or replaced. (b) The structure or size of the sign is altered in any way except toward compliance with this By-law. This does not refer to change of copy or normal maintenance. 10.3 The legal non-conforming sign is subject to all requirements of this By-law regarding safety, maintenance and repair. However,if the sign suffers more than fifty percent(50%)damage or deterioration,as based on appraisal,it must be brought into conformance with this By-law or removed. 11.0 CONFLICT,SEVERABILITY&EFFECTIVE DATE: 11.1 If any portion of this By-law is found to be in conflict with any other provision of any zoning, building,fire,safety or other By-law of the Municipality,the provision,which establishes the higher standard,shall prevail. 11.2 Should any Section,clause or provision of this By-law be declared by a Court of competent jurisdiction to be invalid,the same shall not affect the validity of the By-law as a whole or in part hereof other than the part which was declared to be invalid. 11.3 Any and all previous Sign By-laws are hereby repealed. 11.4 This By-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this day April 2003. Clerk: Lynda Millard Mayor: Max Stewart Read a third and final time this day of May 2003. Clerk: Lynda Millard Mayor. Max Stewart 15 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2003-000 A BY-LAW FOR PROHIBITING&REGULATING THE ERECTION OF SIGNS AND OTHER ADVERTISING DEVICES FEE SCHEDULE'A' A. Sign Permit Application Fees: 1. Hand Bills,Posters,Picture/Sandwich Boards $20.00/sign 2. Portable Signs,Awning,Canopy,Marquee Signs $50.00/sign* Permit Fee for Sign Permit issued prior to installation Portable Signs,Awning,Canopy,Marquee Signs $100.00/sign* Permit Fee for Sign Permit issued following installation 3. Pedestal,Facia Electric,Facia Non-Electric $100.00/sign* Hanging Electric,Hanging Non-Electric Permit Fee for Sign Permit issued prior to installation Pedestal,Facia Electric,Facia Non-Electric $200.00/sign* Hanging Electric,Hanging Non-Electric Permit Fee for Sign Permit issued following installation * May also require a Building Permit B. Appeal&Variance Application Fee $ 125.00 16 BY-LAW NUMBER 2017-XXX OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO REGULATE SIGNS INCLUDING ELECTION SIGNS WITHIN THE MUNICIPALITY OF BAYHAM WHEREAS Section 11(3) of the Municipal Act, S.O. 2001, as amended, provides that a lower tier municipality may pass by-laws respecting structures, including signs; AND WHEREAS Section 88.2 of the Municipal Elections Act, 1996, as amended, outlines provisions for the permitting of posting election signage; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to have a Sign By-law for the Municipality of Bayham to ensure public safety on roads and highways; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the 'Sign By-law' Section 1 - Definitions 1.1 "Candidate" shall have the same meaning as in the Municipal Elections Act, 1996, as amended, as applicable, and shall be deemed to include a person seeking to influence another person to vote for or against any question or by-law submitted to the electors under Section 8 of the Municipal Elections Act, 1996. 1.2 "Campaign Office" shall mean a building or portion of a building which is used by a candidate or an agent of a candidate as part of an election campaign and where a candidate's campaign staff are normally present and the public may enter to obtain information about the candidate. 1.3 "Daylighting Triangle" shall mean the triangle space formed by intersecting street lines on a corner lot and a line drawn from one point on one of the street lines to a point on the other street line. 1.4 "Election Sign" shall mean any sign: i. advertising or promoting a candidate in a municipal, provincial or federal election or by-election; ii. other advertising device, including without limitation, posters, placards, bulletins, banners, notices, pictures or any combination thereof, which promote or relate to any municipal, provincial or federal election, including an election of a local board or commission; and iii. that uses words, pictures or graphics or any combination thereof intended to influence persons to vote for or against any question or by-law submitted to electors under Section 8 of the Municipal Elections Act, 1996, as amended. 1.5 "Highway" shall have the same meaning as the Highway Traffic Act, RSO 1990 c.H.8, as amended, and includes common and public highway, street, roadway, avenue, gate, alley, court, crescent, boulevard, lane, trail, way, chase, road, drive, circle, mews, line, side road, parkway, driveway, square, place, bridge, viaduct, or trestle, any part or which is intended for, or used by the general public for the passage of vehicles and includes the area between the lateral lines thereof. 1.6 "Municipal Law Enforcement Officer" shall mean a person appointed by the Council of the Corporation of the Municipality of Bayham for the purpose of enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario Provincial Police and the Manager of Public Works and Operations or designate. 1.7 "Public Property" shall mean property owned by or under the control of the Municipality of Bayham or any of its agencies, boards or commissions, including highways, boulevards and road allowances, and shall be further deemed to include public utilities facilities, regardless of whether the public utilities facilities are owned by or under the control of the Municipality and shall also be deemed to include, benches, municipal recycling containers or other structures, located on a highway regardless of whether the containers or structures are owned by the Municipality. Property owned by the Municipality and leased to another person or entity shall not be and shall not be deemed to be public property. 1.8 "Official Sign" shall mean a sign placed by the Municipality to control and regulate the movement of vehicles and pedestrians, signs posted by the Municipality under the provisions of the Sign By- law, includes a sign approved by the Ministry of Transportation Ontario, and includes signs described in the Highway Traffic Act, RSO 1990 c.H.8, as amended. 1.9 "Person" shall mean an individual, corporation, partnership or sole proprietorship. 1.10 "Premises" shall include the parking lot, adjoining fences and road allowances. 1.11 "Sign" shall mean any advertising or promotion device, including without limitation, posters, placards, bulletins, banners, notices, pictures or any combination thereof. 1.12 "Sign Height" shall mean the vertical distance measured from the highest point of the sign to grade and includes any support structure. 1.13 "Vehicle" includes any means of transportation powered by any type of motor or human power. 1.14 "Voting Place" means the entire property and all the boundaries associated with it, when such voting place is located within a public premises and shall mean all of the common elements when the voting place is located on private premises. Section 2— General Provisions 2.1 No Person shall erect, attach, place or display any sign except as permitted by this by-law. 2.2 No Person shall erect, attach, place or display any sign, with the exception of an Election Sign, on any Highway or Public Property within the Municipality of Bayham. 2.3 No Person or Candidate shall erect, attach, place or display any Sign or Election Sign or permit to be erected, attached, placed or displayed any Sign or Election Sign: i. on or overhanging Public Property, including a Municipal Park or a facility that is owned or operated by the Municipality; ii. on a utility pole or light standard; iii. which include electronic display that incorporates in any manner any flashing or moving illumination which varies in intensity or which varies in colour and signs which have any visible moving parts or visible mechanical movement of any description; iv. on any Official Sign or Official Sign structure; v. in a location that would, by reason of size, location, or illumination, obstruct the vision of drivers or pedestrians, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads or which are located in a sight triangle; vi. which make use of words such as "STOP", "LOOK", ONE WAY", "DANGER", "YIELD", or any similar words, phrases, symbols, lights or characters in such manner as to tend to interfere with, mislead, or confuse traffic; vii. on a tree, stone or other natural object; viii. at a voting place; ix. on or within a vehicle parked at a voting place; x. in a location where the Sign or Election Sign: a. obstructs or impedes any required fire escape, fire exit, door, window etc., or so as to prevent or impede access of firefighters to any part of a building; b. constitutes a danger or hazard to the general public. 2.4 No Person or Candidate, to whom the Sign or Election Sign relates, shall erect, attach, place or display or permit to be erected, attached, placed or displayed any Sign or Election Sign not in compliance with the requirements of this By-law. 2.5 No Person shall pull down, deface or remove a lawfully erected Election Sign on private property without the consent of the Candidate to whom the sign relates or the Owner of the property on which the Election Sign is erected. 2.6 No Person shall erect, attach, place or display or permit to be erected, attached, placed or displayed a Sign or Election Sign in such a position that such Sign or Election Sign would contravene any other applicable legislation. 2.7 No Person shall display the Municipality of Bayham logo, crest, trademark or seal, in whole or in part, on any Sign or Election Sign. 2.8 No Person or Candidate, to whom the Sign or Election Sign relates, shall erect, attach, place or display or permit to be erected, attached, placed or displayed any Sign or Election Sign on private property without the consent of the owner or occupant of such property. 2.9 No Person shall erect, attach, place or display or permit to be erected, attached, placed or displayed any sign except as in accordance with the Ontario Building Code Act, 1992, S.O. 1992, c. 23, as amended. 2.10 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Municipal Law Enforcement Officer or Public Works Employee while exercising any power or performing any duty under this By-law. Section 3 - Election Signs 3.1 No Person shall erect, attach, place or display or permit to be erected, attached or displayed an Election Sign on any Public Property, with the exception of a Highway, pursuant to the provisions of Section 2.3 of this By- law. 3.2 An Election Sign may be erected, attached, placed or displayed on private property if: i. the Election Sign is no larger than 1.22 metres by 1.22 metres (4 feet by 4 feet) and the Election Sign height is no higher than two metres above ground level, save and except Election Signs on campaign offices, billboards and Election Signs displayed indoors; ii. the Election Signs do not interfere with the safe operation of vehicular traffic or with the safety of pedestrians; and iii. the Election Signs are erected, attached, placed or displayed with the consent of the owner or tenant of the property. 3.3 No more than two (2) Election Signs per candidate are permitted on any one lot zoned residential pursuant to the Municipality of Bayham Zoning By-law No. Z456-2003, as amended. 3.4 No more than three (3) Election Signs per candidate are permitted on any one lot zoned other than residential pursuant to the Municipality of Bayham Zoning By-law No. Z456- 2003, as amended. Section 4— Election Sign Placement Timing 4.1 No Person shall erect, attach, place or display or permit to be erected, attached, placed or displayed an Election Sign prior to Nomination Day. 4.2 Despite Sections 4.1, an Election Sign may be erected, attached, placed or displayed on campaign offices once the Candidate has filed his or her nomination papers and paid the required filing fee. 4.3 Every Person or Candidate, to whom the Election Sign relates, shall remove the Election Sign no later than 48 hours following the Voting Day of the election for which the Election Signs were erected, attached, placed or displayed. For the purpose of this subsection, the Candidate shall be responsible for the removal of his or her Election Signs within the prescribed time frame. Section 5 - Removal of Unlawful Election Signs 5.1 Where an Election Sign has been erected, attached, placed or displayed in contravention of any provision of this By-law, a Municipal Law Enforcement Officer may cause the Election Sign to be removed immediately without notice and/or take any further action as provided within this By-law. 5.2 If an Election Sign is removed in accordance with Section 5.1 of this By-law, any person responsible for erecting, attaching, placing or displaying the Election Sign in contravention of this by-law shall, in addition to any fine or other penalty which may be imposed for an offence under this by-law, be required to pay to the Municipality the cost of removing the Election Sign. 5.3 If an Election Sign is removed pursuant to Section 5.1 of this By-law, the Candidate to whom the Election Sign relates shall be responsible for payment of all fees pursuant to Section 5.4 of this By-law to cover the cost of removing the Election Sign. 5.4 The Election Sign removal costs owed to the Municipality under this By-law shall be ten dollars ($10.00) for each Election Sign removed. 5.5 Election Signs removed, pursuant to Section 5.1 of this By-law, shall be stored by the Municipality for a period of not more than thirty (30) days, during which time the Candidate, upon payment of monies owed, may be entitled to redeem such Election Sign pursuant to Section 5.4 of this By-law. 5.6 Election Signs removed, pursuant to Section 5.1 of this By-law, and stored for a period of thirty (30) days, not redeemed with payment, pursuant to Section 5.5 of this By-law, shall be disposed of by the Municipality. 5.7 Any applicable fees as set out in this By-law may be recovered by legal action or in like manner as municipal taxes. Outstanding amounts will be applied to a Candidate's tax roll, if applicable, based on the qualifying address provided on the Candidate's nomination paper. Section 6— Removal of Unlawful Signs 6.1 Where a Sign has been erected, attached, placed or displayed in contravention of any provision of this By-law, a Municipal Law Enforcement Officer may cause the Sign to be removed immediately without notice and/or take any further action as provided within this By-law. 6.2 If a Sign is removed in accordance with Section 6.1 of this By-law, any person responsible for erecting, attaching, placing or displaying the Sign in contravention of this by-law shall, in addition to any fine or other penalty which may be imposed for an offence under this by-law, be required to pay to the Municipality the cost of removing the Sign. 6.3 If a Sign is removed pursuant to Section 6.1 of this By-law, the Person to whom the Sign relates shall be responsible for payment of all fees pursuant to Section 6.4 of this By-law to cover the cost of removing the Sign. 6.4 The Sign removal costs owed to the Municipality under this By-law shall be ten dollars ($10.00)for each Sign removed. 6.5 Signs removed, pursuant to Section 6.1 of this By-law, shall be stored by the Municipality for a period of not more than thirty (30) days, during which time the Person, upon payment of monies owed, may be entitled to redeem such Sign pursuant to Section 6.4 of this By-law. 6.6 Signs removed, pursuant to Section 6.1 of this By-law, and stored for a period of thirty (30) days, not redeemed with payment, pursuant to Section 6.5 of this By-law, shall be disposed of by the Municipality. 6.7 Any applicable fees as set out in this By-law may be recovered by legal action or in like manner as municipal taxes. Section 7 - Penalty 7.1 Any person who contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to the penalties specified by the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. Section 8 - Liability for Damages 8.1 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting, attaching, placing or displaying any Sign for personal injury or property damage resulting from the erecting, attaching, placing or displaying of such Signs or resulting from the negligence or willful acts of such person, or his or her agents or employees, in the construction, erection, maintenance, repair or removal of any such Signs. Likewise, the provisions of this section shall not be construed as imposing on The Corporation of the Municipality of Bayham, its officers, employees, servants, agents and contractors any responsibility or liability (whatsoever) by reason of the removal of any Sign. Section 9 - Administration 9.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 9.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 9.3 This By-law shall not apply to any Sign erected or placed by the Municipality of Bayham. 9.4 Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws which regulate signs or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required, or for obtaining the approval of the property owner. 9.5 Port Burwell By-law No. 1995-016 shall be repealed in its entirety upon passing of this By-law. 9.6 This by-law shall take effect on the date of passage by Council. 9.7 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. 9.8 This By-law shall apply to all Signs or Election Signs which were erected, attached, placed or displayed before this By-law was enacted and passed. READ a FIRST, SECOND and THIRD TIME and finally passed this Xth day of XXXX, 2017. V,AYIL 441111111, • REPORT o icy CAO wrtunity I91(0 TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 16, 2017 REPORT: CAO-72/17 SUBJECT: WHEELHOUSE BACKGROUND On January 8, 2015 the Council of the Corporation of the Municipality of Bayham passed a motion requesting a report from staff on the proposed Wheelhouse Project. On February 5, 2015, in response to the requested Report CAO-06/15 re Proposed Wheelhouse, Council passed the following resolution: THAT Report CAO-06/15 re Proposed Wheelhouse be received for information; AND THAT Council agree in principle to the placement of the Wheelhouse on the museum property subject to: i. an approved and completed site plan; ii. an approved and completed minor variance; iii. statement of accounts showing that no funds are owing and that funds are in place for final placement on municipal property. On June 2, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-39/16 re Proposed Wheelhouse be received for information; AND THAT the Council of the Municipality of Bayham approve the proposed location of the Wheelhouse; AND THAT Staff be directed to proceed with Site Plan and Minor Variance applications at the sole expense of the Wheelhouse Committee; AND THAT the Wheelhouse Committee provide a statement of accounts showing that no funds are owing and are in place for final placement on municipal property; AND THAT the Wheelhouse be completely restored prior to placement on Municipal property; AND THAT a Trust Agreement be brought forward for consideration should any funds raised through Lottery Gaming be used for the Wheelhouse project. On September 15, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT correspondence from Port Burwell Historical Society regarding Ship's Wheelhouse Project be received for information; AND THAT the June 2, 2016 resolution, due to modified information, be further modified for staff to conduct lot consolidation, Official Plan and Zoning By-law amendment; AND THAT the Wheelhouse Committee pay the fee of$2,000 for the project. On August 17, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Staff Report DS-46/17 regarding the Official Plan and Zoning By-law Amendments for 18 and 20 Pitt Street Port Burwell be received for information; AND THAT Council acknowledges that Official Plan Amendment No. 20 is County of Elgin approved with no appeal; AND THAT Zoning By-law Z662-2017 be presented to Council for Third and Final reading. On August 17, 2017 the Council of the Corporation of the Municipality of Bayham passed By-Law Z662-2017, being a By-law to further amend By-Law Z456-2003 (This by-law follows the recommendation made in Report DS-46/17 by Margaret Underhill, Deputy Clerk'Planning Coordinator during the regular meeting of August 17, 2017) (Third and Final Reading) DISCUSSION On April 4, 2017 the Port Burwell Historical Society paid the $2,000 Zoning and Site Plan Fees. The approved Site Plan is attached hereto as Appendix 'A'. On September 27, 2017 the Port Burwell Historical Society provided financials attached hereto as Appendix 'B' showing that no funds are owing and that funds exist for final placement of the Wheelhouse on municipal property. Staff do not know the exact costs of the engineered supports, foundation, artefact relocation or sidewalk relocation, so cannot comment on if the funds in the Port Burwell Historical Society accounts are sufficient for said works. Further some of these expenses may be provided to the Port Burwell Historical Society via donation. A Draft Trust Agreement is attached hereto as Appendix 'C' as the Port Burwell Historical Society utilized and intends to continue to utilize funds raised through Lottery Gaming for continuing restoration of the Wheelhouse. On October 31, 2017 the CAOICIerk and the Deputy Clerk'Planning Coordinator met on the work site of the Wheelhouse with Mr. White and Mr. Buchanan to review the efforts of the Port Burwell Historical Society and the community in restoring the Wheelhouse. Ultimately the Council of the Corporation of the Municipality of Bayham must now determine if the Wheelhouse is `completely restored prior to placement on municipal property' as Council contemplated in the June 2, 2016 resolution of Council. Once Council provides approval to move forward with placement of the Wheelhouse the CBO may issue a building permit for the placement of the Wheelhouse on municipal property on the engineered structure and cement pad. As of the date of this report the CBO has not issued any permit for foundation activities as Council approval is required before proceeding any further. RECOMMENDATION 1. THAT Report CAO-72/17 re Wheelhouse be received for information; 2. AND THAT Council acknowledge and accept the financials provided by the Port Burwell Historical Society; 3. AND THAT Council acknowledges the Wheelhouse has been fully restored to the level contemplated by Council on June 2, 2016; 4. AND THAT Council direct staff to bring forward a By-law to authorize the execution of a Trust Agreement with the Port Burwell Historical Society, for Council consideration; 5. AND THAT Council approve the placement of the Wheelhouse on municipal property pursuant to the approved Site Plan. Respectfully Submitted by: Paul Shipway CAOICIerk APPENDIX 'B' EXISTING CHAIN LINK FENCE .\ 10 a a a a 0 a 0 0 0 N PROPERTY LINE _ _ 4\ _ _ _ _ _ I- I I 11 1 1 I I I I I 1 I I 1 I I 1 'in II I I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I I I I I Q EX. HP JIJI I I Lu w o_ o_ O O ct EXISTING WOOD PICKET FENCE PROPERTY LINEW4 o_ o_ \ - - - - - - - - _N_ r..- - - - - - - - -.. ., - k - - - - w Lu Z 5.75' 33.69' I 18.00' 11.17' �� 9.42' I 6.58_-+ 16.42' 2r , * 12.22' / 23.00' / z 14.22' ,,_ 10.30' / 23.02' / cri O co'to co \ \ O pW4 - ul ---PROPOSED o 1 a I SAILBOAT0 o EXISTING EXISTING LIFEBOAT O (20'0" HT.) SHED LOCATION / \ 1 0 (12'5" HT.) EXISTING 0 rx /24 I I I EXISTING __ I EX. ENT EXISTING TANK L J o BREOLOCATEDE PROPOSEDVN 1 ^ __ TO E \ BUOY TO BE I No. Description Dately.m.d) (12'5" HT.) (6'-0" HT.) RELOCATED LOCATION 1 REVISIONS/ISSUE EXISTING r RELO TED °° MUSEUM I !-1 I EXISTING \ (6'-0" HT.) \ I �i iI <\ LIFEBOAT TO BE C EX. CATCHBASIN RELOCATED \ Cin / � _ iceJ I i i --- 46.69' / 108.31' / 1 (..-../ o 8.17' c I \ I _ 1I EXISTING B.F. PARKING LOCATION, I 1 �� 7.--- • EXISTING ASPHALT SIDEWALK zETO TBE REMOVEDING K 36.52' 2.0 ��L/ /10 - '� 1 z o r PROPOSED 0 4 --‘-\-- 7 " BUOY LOCATION' w L PROPOSED •6 _O" HT.) EX. CA iOPY OVERHANG WHEELHOUSE 18.00' EXISTING ASPHALT PARKING LOT EX. CATCHBASIN / 8.22' LOCATION / / ODo not scale the drawings. I I I \ I All dimensions must be verified by the sub-contractors prior °� I I 1 to commencement. - I I / p PROPOSED I If any discrepancies, contradictions or ambiguities occur on cocci BUOY LOCATION the drawings, immediately advise our firm. 411.17' / (6'-0" HT.) Drawings not to be used for construction unless signed below: 4.00' / 41.52' 8.22' II JA! / / �' /NEW BARRIER FREE PARKING LOCATION\ — 1 j / I 4 CLIENT: DATE: 1 I I POPOSED \ I I, 32.33' SRDEWALK \ / \ ^ BARRY WADE: DATE: fff a 00 0 o c'. ®EX. FLAGPOLE �+ EXISTING ARINER TOWER PROPERTY LINE - - - - - - - - � - - - - - - � - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — Design Firm PROPERTY LINE CO 1" 411 Iwo. barry wade / 776497 Ontario Limited Q O519 268 2995 tel barry wade 519 268 2694 fax barry@barrywade.ca 2EX. HP 519 521 6860 cell www.barrywade.ca P4 15 Jane Steet, Dorchester, NOL 1G2 b EX. HP PLOT DATE May 12, 2016 PROJECT NORTH SCALE 3/32"=1'-0" DESIGN BW Drawn AG Project PORT BURWELL PITT STREET MARINE MUSEUM Address Drawing Title PROPOSED SITE PLAN Project No. Drawing No. 1426 Net Worth - As of 9/27/2017 (in Canadian Dollars) 9/27/2017 Page 1 9/27/2017 Account Balance ASSETS Cash and Bank Accounts PBHS General Account 6,236.03 PBHS Lottery Trust Account 1,733.06 Petty Cash 149.87 TOTAL Cash and Bank Accounts 8,118.96 Other Assets First Ontario Share 30.00 Souvenir Inventory 776.36 TOTAL Other Assets 806.36 TOTAL ASSETS 8,925.32 LIABILITIES 0.00 OVERALL TOTAL 8,925.32 • RECEIVED SEP 2 7 2017 MUNICIPALITY BAYHAM THIS AGREEMENT DATED THE XXTH DAY OF DECEMBER, 2017 BETWEEN: THE PORT BURWELL HISTORICAL SOCIETY (Hereinafter called the "Donor") of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the "Municipality") of the Second Part WHEREAS the Donor has raised funds through licensed gaming events and has utilized those funds to refurbish a Wheelhouse as an artefact to be displayed on municipal property; AND WHEREAS subject to certain conditions the Municipality agrees to the placement of the Wheelhouse on municipal property; AND WHEREAS the Municipality agrees that when the Wheelhouse is disposed of, that it will return to the Donor the artefact in its entirety subject to the Donor accepting the same; NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained and such other consideration as the parties hereto deem acceptable, the parties agree as follows: 1) That the Donor shall provide monetary funds to be utilized for the refurbishment and placement of the wheelhouse on municipal property. 2) Subject to certain conditions the Municipality agrees to the placement of the Wheelhouse on municipal property and shall hold the Wheelhouse in trust until the Wheelhouse is removed from municipal property. 3) The Municipality agrees that should the Wheelhouse be disposed of and/or removed from municipal property that it will return to the Donor the artefact in its entirety subject to the Donor accepting the same. If the Donor does not accept the same the Municipality shall dispose of the Wheelhouse in accordance with applicable municipal policy. 4) Should, upon the removal of the Wheelhouse from municipal property, the Donor no longer be doing business the Municipality shall distribute the revenue, if any, from the disposal of the Wheelhouse to one or more charitable organizations, with the approval of the Licensing Authority. IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal attested to by the hands of their proper officers, duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of ) Port Burwell Historical Society Witness ) Date ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Per: ) Mayor Date: ) ) Per: Clerk We have authority to bind the Corporation. ir,xymtivz _. ,..,, 4rippo,..„ ...#4,„ • REPORT o 4e, CAO ortunity Is-1o%1► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 16, 2017 REPORT: CAO-73/17 SUBJECT: 2018 INSURANCE RENEWAL BACKGROUND The Municipality currently purchases its insurance needs through Frank Cowan Company Limited. Prior to the 2012 calendar year the municipal insurance policy had been with Jardine Lloyd Thompson (JLT)for several years. Prior to the award of the 2012 Municipal Insurance program, the Municipality requested competitive quotations, and Frank Cowan Company submitted the lowest quote. On November 6, 2017, Frank Cowan Company provided a renewal proposal for the 2018 program, with a premium of $120,717 plus applicable taxes. This represents an increase of $4,008 (4.9%) over 2017. DISCUSSION The overall property insurance market pricing and particularly the Lloyds market has been impacted by the recent large catastrophe losses (hurricanes, fires, floods). Since property insurance pricing often subsidizes the liability exposures, insurers are seeking rate increases. Liability Insurance is up 9.8% representing both an increase in population and increasing liability rates. Municipality of Bayham population went from 6,989 to 7,396. Approximately 5% of the Liability increase is reflected here. The remaining 4.8% is an increase in rate. The loss ratio (dollars in — dollars out) for liability (10 year claims period) is high at 123% (ideal is approximately 60%). Property insurance is up 1.6% representing an inflationary increase. Within the proposed 2018 Municipal Insurance Program from Frank Cowan Company, insurance limits and deductibles remain consistent with the 2017 insurance program. The general liability deductible remains at $15,000. Of note, the 2018-2019 Multi-Year Operating Budget had previously utilized a 5% projected annual insurance increase. RECOMMENDATION 1. THAT Report CAO-73/17 re 2018 Insurance Renewal be received for information; 2. AND THAT the 2018 Municipal Insurance Program be obtained from Frank Cowan Company Limited in accordance with the offer to renew dated November 6, 2017, at a total premium of$120,717 plus applicable taxes. Respectfully Submitted by: Paul Shipway CAOICIerk INXICH.44,1 eir ► REPORT o cao ppol'tunity ISMO TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 16, 2017 REPORT: CAO-75/17 SUBJECT: ACCESSIBILITY PLAN UPDATE — STATUS REPORT BACKGROUND The Accessibility for Ontarians with Disabilities Act (AODA) received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and the Act has strong enforcement provisions including inspections, orders and significant penalties. On March 19, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO 17-15 re Municipality of Bayham —Accessibility Plan-Policies 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 adopt the Municipality of Bayham Accessibility Plan — Policies; AND THAT the Municipality of Bayham Accessibility Plan — Policies be posted on the website. AND THAT By-law No. 2009-079 be repealed in its entirety. On April 2, 2015 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-040, being a by-law to adopt Accessibility Plans-Policies. Through By-law No. 2015- 040 the Municipality has committed to continued improvement of accessibility to its facilities and services for residents, visitors and staff with disabilities and to the participation of persons with disabilities in the development and review of its policies and procedures. The Integrated Accessibility Standards Regulation (0. Reg 191/11) was updated in July 2016 by the Province of Ontario. As a result of the update, the Municipality is required to update its corporate accessibility policy to ensure compliance with the regulation. Additionally, the Municipality is required to prepare an annual status report on the progress of measures taken to implement the strategies outlined in the multi-year accessibility plan. The annual status report is attached hereto, forming the final page of Appendix 'A'. On December 1, 2016, for the 2016 Status Update, the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-79/16 re Accessibility Plan Update—Status Report 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 the Municipality of Bayham Accessibility Plan - Policies; AND THAT the Municipality of Bayham Accessibility Plan - Policies be posted on the municipal website. RECOMMENDATION 1. THAT Report CAO-75/17 re Accessibility Plan Update– Status Report be received for information. 2. AND THAT the 2017 Municipality of Bayham Accessibility Plan – Status Update be posted on the municipal website. Respectfully Submitted by: Paul Shipway CAOICIerk The Corporation of the Municipalityof Bayham 2015-2020 Multi-Year Accessibility Plan Onie 14.110 a , November 2017 ii, :: Submitted to: Mayor and Members of Council Municipality of Bayham n b 7 d • • R 4 - rY Y► "� aF - .. 1r 6r + .r . Ilk _ —mal ,..:- ,°r vi If'"4• t' PyLMINIMMIkr Alsilikki\ • I do afe _ _ •r F I 1.71 q —_ _ ...0 i _ 1 .., r , x N . • $* _. '—, _ 3 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1 2. GOVERNING LEGISLATION 2 3. COMMITMENT TO ACCESSIBILITY PLANNING 4 4. HOLISTIC ACCESSIBILITY, INCLUSION & YOU 5 5. IMPORTANCE OF ACCESSIBILITY & INCLUSION 6 6. ACCESSIBILITY PARTNERSHIP IN ELGIN COUNTY & BEYOND 7 7. BARRIER EXAMPLES 8 8. REVIEW & MONITORING PROCESS 10 9. COMMUNICATION OF THE PLAN 11 10. GLOSSARY 12 11. APPENDICES Appendix 'A' 15 Appendix 'B' 19 Executive Summary The need to improve accessibility is becoming more pronounced in Ontario as the population ages and the labour force shrinks. According to the Ministry of Community and - Social Services, approximately - 1.85 million people or 15.5% of ' , = _ _q 11._; people in Ontario have some type of disability; that is 1 in every 7 Ontarians. By 2036, that number I IAg will rise to 1 in 5 as the population �- ages. In the next 20 years, the aging population and people with disabilities will represent 40% of the total income in Ontario, that's $536 billion dollars (Ontario Population Projections 2008-2036, Fall 2009 Ministry of Finance Report). A University of Toronto study further concluded that disability tends to increase with age, with the highest incidence of occurrence among individuals forty-five years of age and older. It is important to note the increasing aging population in the Municipality of Bayham, as older persons have higher tendencies to experience declining functional abilities. Accordingly, the 2011 Census revealed that 2,680 people, or 38% of the population of the Municipality of Bayham are forty-five years of age or older. This statistic provides the impetus for removing and preventing barriers in the Municipality of Bayham to allow for holistic accessibility and inclusion. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan was prepared in order to meet the obligations of the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan reviews earlier efforts to remove and prevent barriers to people with disabilities and identifies the measures to be undertaken in the coming years to increase accessibility and inclusion in the Municipality. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan also describes how the Municipality of Bayham will make the Multi-Year Accessibility Plan available to the public, provide opportunity for feedback and strive towards a holistically accessible and inclusive Municipality. 1 Governing Legislation There are two pieces of broad legislation in Ontario that speak to accessibility for individuals with disabilities as well as impact directly on the Municipality. The Ontarians with Disabilities Act, 2001 (ODA) directs that municipalities with more than 10,000 residents appoint Accessibility Advisory Committees as well as create and make public an annual accessibility plan. More recently, the Province passed the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) which also includes the (11.1 development of mandatory accessibility standards that will identify, remove and prevent barriers for people with disabilities in key areas of daily living. Enforceable requirements will ensure the removal of these barriers in both the public and private sectors with the aim of a fully-accessible province by 2025. These accessibility standards include: • Accessible Customer Service Standard This standard ensures that goods and services are provided in a manner that takes into account persons with disabilities. Requirements include policy development and extensive training thereof for all employees who deal directly or indirectly with the public. The training is key in assuring accessible customer service is provided by the Municipality. • Integrated Accessibility Standard Areas of information and communication, employment and transportation often contain barriers for persons with disabilities. The Accessibility Directorate determined that these three key areas will be combined and the accessibility requirements identified in a single regulation. Compliance deadlines vary according to the type of organization and the particular component of each individual requirement, i.e. Communications & Information, Transportation or Employment. 2 • Built Environment Standards The Accessibility Standards for the Built Environment focus on removing barriers in two areas: Ontario Building Code Ontario's Building Code was amended to include enhancements to accessibility in buildings. As of January 1, 2015, new construction and renovations will be subject to updated accessibility requirements. Accessibility Standard for the Design of Public Spaces The standard for the design of public spaces only applies to new construction and major changes to existing features. The standard covers: i. Recreational trails/beach access routes ii. Outdoor public eating areas like rest stops or picnic areas iii. Outdoor play spaces, like playgrounds in provincial parks and local communities iv. Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps and rest areas v. Service-related elements like service counters, fixed queuing lines and waiting areas 3 Commitment to Accessibility Planning The Council of the Municipality of Bayham is committed to: • The continual improvement, over time, of access to all municipal facilities, programs and services for those with disabilities, while having regard for the financial constraints faced by the Municipality. • The concept of universal design which makes the environment more user friendly for everyone. • The provision of quality Municipal services to all members of the community. • Accessibility training • Incorporating accessibility into the daily functions of all employees The process of accessibility planning is one that is never complete. Staff, Council and the Public are continually involved in discussions regarding accessibility planning year- round. The Municipality of Bayham Accessibility Plan provides the opportunity to demonstrate current achievements in accessibility and to establish implementation framework and future priority initiatives. Please refer to Appendix 'A' attached hereto to review the Municipality's current achievements in accessibility and inclusion. Please refer to Appendix 'B' attached hereto to review the Municipality's future priority initiatives to improve accessibility and inclusion. t. l'", le i 1 1 Tice' I' _ ,, , F Y ,0���.. `PBBD ud1H 91Y! ELL°F r - • I sk \I r,..,r,srw sv:.a-:.,-.. _,�,=•,.ss.�,�,y,er�w.-w^..w�e�.r.,�'��+i4iY�; 4 Holistic Accessibility, Inclusion & You Recognizing that the Municipality of Bayham, organizations, businesses, and community agencies (including businesses and organizations that provide services, supplies or products, to, or on behalf of the Municipality of Bayham) set the tone for the community, the Municipality will do the following and encourage other organizations to do the same: • ensure that this policy is widely communicated and that all employees, and others to whom the policy applies, understand its intent; • ensure that existing policies and practices, including employment policies, are built upon non-discriminatory bases such as merit; that future policies and practices meet the objectives of this policy; and that revisions are communicated to the entire organization; • review current practices to ensure that every person is treated without discrimination and to eliminate barriers in accessing goods and services; • seek opportunities to involve people of diverse backgrounds in the design, use and evaluation of goods and services; • provide training and involve staff and volunteers in activities designed to promote an awareness, acceptance, and celebration of accessibility and inclusion; • establish mechanisms to ensure that discrimination and harassment are not encouraged or tolerated; • monitor organizational compliance with this policy; and lead by example. What can you do? • recognize that social change begins with individual change; you can, as a resident or visitor of the Municipality of Bayham, initiate change; • evaluate your own actions and preconceived biases and ideas about accessibility and inclusion; • educate yourself, volunteer your time and participate in activities which will broaden your experience with accessibility and inclusion; • encourage and support the development of programs and projects that promote holistic accessibility and inclusion; • advocate for both the elimination of barriers and discrimination and the celebration of accessibility and diversity within your own workplace and community; • challenge barriers and discrimination when you experience them or become aware of their existence. 5 Importance of Accessibility & Inclusion? • When we encourage the full and active participation of every person, we are drawing on the diverse life experiences and points of view of our fellow citizens, which leads to innovative solutions; • When we promote the Municipality of Bayham as a diverse Municipality that is welcoming of all people, the Municipality is more competitive in the economic marketplace and more attractive as a destination for visitors and new residents; • When we respect, value, and nurture accessibility and inclusion as an exciting and integral part of our collective experience and identity, we can strengthen and create a safe, healthy, and vibrant community; • In order to enjoy the benefits of a holistically accessible and inclusive community, we need to address barriers that impede equal participation, work toward the elimination of bias, prejudice and discrimination • (which can be intentional, unintentional or systemic). Responsibility Every resident, organization, institution, agency, government and individual has an opportunity to make this plan successful. We are all leaders. This plan is designed to create plenty of opportunities for all voices to be heard and new leaders to emerge. 6 Accessibility Partnership in Elgin County & Beyond All lower tier Elgin County Municipalities utilize the Accessibility Coordinator services provided by Elgin County. Elgin County coordinates regular meetings with local municipal accessibility staff, which provides the opportunity to share best practices and information. Additionally, Accessibility Coordinators meet regularly with staff counterparts across the County and Southwestern Ontario to discuss ongoing planning and implementation. The Municipality of Bayham Accessibility Coordinator is also a member of the Ontario Network of Accessibility Professionals (ONAP), a group comprised primarily of staff responsible for accessibility planning in the municipal sector. The network provides the opportunity to share accessibility planning resources and initiatives across the province. ill Leimmaimm j ILiiiiii. Accessibility a Barrier Examples The intent of the Multi-Year Accessibility Plan is to prevent, identify and remove barriers. Barriers are obstacles that stand in the way of people with disabilities from being able to do many of the day-to-day activities that most people take for granted. A barrier is defined as anything that prevents a person with a disability from fully participating in all aspects of society because of the disability. The traditional definition of a barrier used in the context of accessibility has been expanded to include obstacles beyond physical boundaries. There are several other categories of barriers to consider, such as • Environmental Barriers: features, buildings or spaces that restrict or impede physical access. For example, a doorway that is too narrow to accommodate entry by person in a motorized scooter. • Communication Barriers: obstacles with processing, transmitting or interpreting information. For example, print on a brochure that is too small to read or documents not available in alternative formats. • Attitudinal Barriers: prejudgments or assumptions that directly or indirectly discriminate. For example, assuming that all visually impaired persons can read Braille. • Technological Barriers: when technology cannot or is not modified to support various assistive devices and/or software. For example, a website that does not provide for increased text size or contrast options. • Systemic Barriers: barriers within an organization's policies, practices and procedures that do not consider accessibility. For example, listing a driver's licence as an employment qualification for an office position may prohibit persons with visual impairments from applying. Members of Council, Municipal staff and Committee members must keep in mind that barriers can be either "systemic" or "specific"; that is, barriers that are prevalent throughout the Municipality or are just specific to one process or facility. 8 Two examples are: A Systemic Barrier: Job postings and public meeting notices are advertised in local newspapers and on the website. As the Municipal website does not have a program for the visually impaired, and visually impaired residents may not be able to read the newspaper, not all residents or viewers have equal access to the information. A Specific Barrier: There is no accessible entrance at the Vienna Community Centre, therefore any person unable to utilize the stairs is prevented from participating in events hosted at the Community Centre. thiP ,Gfe ,„, lit if leI Oki 1 .�. .. 9 Review & Monitoring Process The Accessibility Plan is intended as a working document. Comments and recommendations will be noted throughout the upcoming year. These comments and recommendations will then be taken into account during the compilation of the 2016 Annual Accessibility Plan. Accessibility improvements, ideologies and benchmarks continue to be solidified with planning concepts that develop into Municipal procedures and processes. User Testing for Web Accessibility Additional evaluation and reporting efforts include: • Annual review of the Multi-Year Accessibility Plan and preparation of a progress report. • Annual progress report prepared for Council to identify progress of the Plan's implementation, accomplishments and achievements; posted online and available in alternative formats upon request. • Compliance reports submitted to the Accessibility Directorate of Ontario, which regulates compliance for all Ontario Organizations 10 Communication of the Plan Feedback is an integral part of the evaluation process. The Municipality of Bayham will continue to review and expand consultation strategies to engage key groups in providing accessibility related feedback, including people with disabilities. Members of the public are encouraged to make comments on the Municipality of Bayham Multi-Year Accessibility Plan and accessibility matters in general. There are a number of ways you can contact the Municipality of Bayham to express your accessibility related comments including contacting the undersigned. The Corporation of the Municipality of Bayham 56169 Heritage Line Bayham ON NOJ 1Y0 Phone: 519-866-5521 Email: accessibilitybayham.on.ca The 2015-2020 Multi-Year Accessibility Plan will also be available in the following locations: Report to Council: Initially, this Accessibility Plan will be made available through a report to Council. Website: The 2015-2020 Multi-Year Accessibility Plan can be accessed through the Municipality of Bayham website www.bayham.on.ca 11 Glossary Accessibility: In a context relating to people with disabilities, the term can be defined as the degree with which people with disabilities are able to access the functionality, and possible benefit, of some system or entity. Essentially, `Accessibility' refers to the potential for a product or service to be beneficial to as many people as possible. Accessibility for Ontarians with Disabilities Act, 2005 (AODA): Legislation enacted by the Province of Ontario in June of 2005, that provides the framework by which certain accessibility standards will be developed to ensure that businesses and organizations maintain practices and provide goods and services in a manner that is accessible to everyone including people with disabilities. The goal of the AODA is to build on the framework of the ODA, establish enforceable and qualitative standards in order to assist in developing a "fully accessible" province by 2025. Accessible Formats: May include, but not limited to large print, recorded audio and electronic formats, Braille and other formats useable by persons with disabilities. Assistive Device: Any auxiliary tool, aid, technology or other mechanism that enables a person with a disability to do everyday tasks and activities such as moving, communicating or lifting; assists in accessing goods, services or information and helps the person to maintain independence. Examples include but are not limited to: communication aids, cognition aids, personal mobility aids, and medical aids. Barrier: Anything that prevents a person with a disability from fully participating in all aspects of society due to their disability. The definition is not limited to structural or physical impediments, it can also relate to various other obstacles such as systemic, attitudinal, technological, informational, etc. Designated Public Sector Organization: Every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies — Definitions) made under the Public Service of Ontario Act, 2006. 12 Disability: The ODA and AODA both adopt the broad definition for disability that is set out in the Ontario Human Rights Code, "Disability" is: • Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; • A condition of mental impairment or a developmental disability; • A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; • A mental disorder; or. • An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; ("handicap"). Information: Includes data, facts and knowledge that exist in any format, including text, audio, digital or images, that convey meaning. Multi-Year Accessibility Plan: A program and itemization of forecasted initiatives to identify past achievements with respect to improving accessibility for people with disabilities, formulating future goals and providing a context by which both can be assessed and evaluated. Ontarians with Disabilities Act, 2001 (ODA): Legislation enacted by the Province in November of 2001 to `improve opportunities for persons with disabilities and provide for their involvement in the identification, removal and prevention of barriers'. The ODA required municipalities with more than 10,000 residents to develop an Accessibility Advisory Committee and to submit an annual Accessibility Plan to the province. The AODA will eventually replace the ODA; however, a date for its repeal has not yet been determined. Ontario Human Rights Code: A provincial law in Ontario that gives all citizens equal rights and opportunities without discrimination in specific areas such as employment, housing and services. The Human Rights Commission was established as an oversight and appeal body in relation to the law. Prior to the ODA being enacted in 2001, the Human Rights Code was the only applicable legislation to uphold accessibility rights. 13 Ontario Regulation 429/07 (Accessible Customer Service Standard): The first standard to be released under the AODA which took force and effect for all public organizations on January 1, 2010 and private organizations on January 1, 2012. The standard mandates the development of policies, practices and procedures in the areas of communication, notice for disruption of services, service and support animals, assistive devices, training and customer feedback in relation to the core principles of the standard; dignity, independence, integration and equal opportunity. Ontario Regulation 191/11 (Integrated Accessibility Standards): The second standard to be released under the AODA which took force and effect for all public organizations on July 1, 2011. The standard consolidates the development of policies, practices and procedures in the areas of information and communications, employment and transportation within a phased implementation schedule. Redeployment: The reassignment of employees to other departments or jobs within the organization Standard: The criterion establishing what a person or organization must accomplish to achieve the minimum level of compliance. Accessibility Standards will be legislated by way of Ontario Regulations pursuant to the AODA. Web Content Accessibility Guidelines (WCAG): International guidelines to ensure consistent web accessibility; the World Wide Web Consortium recommendation, dated December 2008, entitled "Web Content Accessibility Guidelines" (WCAG) 2.0. 14 Accessibility for Ontarians with Disabilities Act Legislation Ontario Regulation 191/11 — The Integrated Accessibility Standards Ontario Regulation 429/07 — Accessibility Standards for Customer Service The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The following table depicts the Municipality's compliance with the various regulations stemming from the Accessibility for Ontarians with Disabilities Act. The Municipality has taken a proactive approach to compliance with the legislation and regulations and is on track to satisfy all requirements under the Accessibility for Ontarians with Disabilities Act by January 2014. The Municipality's compliance with the legislation will allow resources to be directed towards increasing policy and program efficiency and effectiveness, while also reaching out into the community to assist the private sector with legislative compliance in an effort to make the Municipality of Bayham holistically accessible and inclusive. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2010 Accessibility Standards for Customer Service: CAO The Municipality is in compliance with this Establishment of policies, practices and requirement procedures regarding Accessible Customer Service Procedure, Service Animals and Support Persons Procedure, Disruption in Municipal Service Procedure, Feedback Mechanisms Procedure and the Accessible Customer Service Feedback Form. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January Emergency Procedure, Plans or Safety CAO The CAO will arrange to 2012 information: provide emergency information in accessible Provide or arrange for the provision of formats upon request. accessible formats and communication supports for persons with a disability, as soon This requirement relies as is practical upon request. on the use of the Alternate Formats Policy The Municipality is in compliance with this requirement 15 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2012 Workplace Emergency Response: CAO The Municipality of Bayham Workplace Provide individualized workplace emergency Emergency Response response information to employees who have a Procedure is an internal disability, if the disability is such that the policy available to all individualized information is necessary and the Municipal staff and is employer is aware of the need to provide circulated to new accommodation. employees during orientation and to If employee requires assistance,with the existing employees once employee's consent, the employer shall provide a year. the individualized workplace emergency response information to the person designated This requirement relies to provide such assistance. on the use of the Alternate Formats Policy. Review of Individualized Emergency Response Plan: The Municipality is in compliance with this When the employee moves to a different requirement location in the organization,when the employee's overall accommodation needs are reviewed,when the employer reviews its general emergency response policies. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2014 Establishment of Accessibility Policies: CAO The Municipality documents its Develop, implement and maintain policies accessibility initiatives governing how the organization achieves or will yearly in its annual Multi- achieve accessibility through meeting its Year Accessibility Plan. requirements under the accessibility standards. Additionally, all Municipal policies are based on the Establishment of a Multi-Year Accessibility Plan Mission Statement: The Municipality of Bayham is dedicated to promoting, enhancing and creating a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The Municipality is in compliance with this requirement January 2014 Procuring or Acquiring Goods, Services or CAO The Municipal Facilities: Treasurer Procurement By-law and Accessible Incorporate accessibility criteria and features Procurement Guide into procurement practices so that goods, satisfy this requirement. services and facilities are more accessible to people with disabilities unless it is not The Municipality is in practicable to do so. compliance with this requirement 16 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2014 Self-Service Kiosks: CAO The Municipality of Bayham does not All organizations that offer services or products currently utilize any self through self-service kiosks shall take steps to service kiosks. make them accessible to people with disabilities so they can be used independently and securely. January 2015 Training: CAO Municipal Staff in consultation with the All organizations will train those individuals Elgin County Accessibility (employees or volunteers)who participate in Coordinator are currently developing the organization's policies, and all developing those who provide goods or services on behalf comprehensive training of the organization, about the requirements of to satisfy this the Integrated Accessibility Standards and the requirement that will be Ontario Human Rights Code as it relates to ready for spring 2015. people with disabilities. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Public Feedback Process: CAO This requirement relies on the use of the Provide or arrange for provision of accessible Alternate Formats Policy. formats and communication supports for persons with a disability upon request. The Municipality is in Notify the public of the availability of accessible compliance with this formats and communication supports for the requirement feedback process. January 2014 Internet Content and Websites: CAO The Municipality had a website accessibility New internet websites and content to conform audit completed on the to the World Wide Web Consortium Web Municipal website in the Content Accessibility Guidelines(WCAG)2.0 spring or 2014 and will initially at level A. have all internet websites &content conforming to World Wide Web Consortium Web Content Accessibility Guidelines (WCAG)2.0 Level AA (exceptions success criteria 1.2.4& 1.2.5) by May 2015 Additionally, all Municipal documents are produced in accordance with the Alternate Formats Policy. 17 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Recruitment Process: CAO The Municipality is in compliance with this Notify employees and public about the requirement availability of accommodation. Selection &Assessment Process: Notify job applicants, when individually selected,that accommodations are available upon request. Documented Individual Accommodation Plans: develop a written process for the development of documented individual accommodation plans. Return to Work: Develop and document a return to work process for employees who have been absent due to a disability and require disability-related accommodations in order to return to work. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Accessible Formats and Communication: CAO The Alternate Formats Policy ensures that all Provide or arrange for provision of accessible corporate documents are formats and communication supports for produced in an persons with a disability upon request; in a accessible format. timely manner taking into account the person's accessibility needs; at a cost no more than The Municipality is in charged by other persons. compliance with this requirement January 2012 All internet websites&content to conform to CAO The Municipality will have World Wide Web Consortium Web Content a website accessibility Accessibility Guidelines (WCAG) audit completed on the 2.0 Level AA, exceptions success criteria 1.2.4 Municipal website by the & 1.2.5. spring 2015 and have all internet websites& content conform to World Wide Web Consortium Web Content Accessibility Guidelines (WCAG)2.0 Level AA (exceptions success criteria 1.2.4& 1.2.5). Additionally, all Municipal documents are produced in accordance with the Alternate Formats Policy. 18 Accessibility for Ontarians with Disabilities Act Legislation MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The following table depicts the Municipality's initiatives completed to date and a list of proposed future initiatives to enhance accessibility in the Municipality of Bayham in an effort to make the Municipality holistically accessible and inclusive. Year 2015-2020 Task Department Municipal Facilities Accessibility Audit (2014-2015) CAO Barrier-Free Municipal Elections (2006-2010) Clerk's Department Continual monitoring of Municipal sidewalks including mud-jacking Public Works (leveling sidewalks to alleviate water ponding and trip hazards), cutting (eliminating trip hazards) and replacement Utilization of the Elgin County Coordinator to ensure holistic CAO accessibility and Inclusion 19 Accessibility for Ontarians with Disabilities Act Legislation MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. 2017 Municipality Annual Accessibility Report Status Update The purpose of this Status Report is to make the public aware of the Municipality's progress with accessibility implementation and to prevent and remove barriers and meet requirements under the AODA. Task Department Completed and filed Accessibility Compliance Report with the Accessibility Directorate of CAO Ontario under the Ministry of Economic Development Trade and Employment Services The Municipality focuses on removing barriers which may exist in buildings and facilities, Council/Staff while ensuring that new buildings, leases, and renovations do not create any new barriers. This includes the construction of the renovated Straffordville Community Centre, Municipal Office and Council Chambers Training for all staff on the Integrated Accessibility Standard and updated Corporate All Staff Accessibility Policy (2014) - Ongoing training for new staff Training for all staff on the Ontario Human Rights Code as it pertains to people with All Staff disabilities (2014) - Ongoing training for new staff - On-going training for staff on the Customer Service Standard Update Corporate Accessibility Policy (November 2017) Council Submitted a funding application under the Enabling Accessibility Fund in order to provide Council an accessible viewing platform at the Port Burwell Municipal East Beach Participate in review and consultation of Provincial Accessibility Legislation and CAO Regulations AMENDMENT NUMBER 22 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 27 Erieus Street, Port Burwell The following text and map schedule constitute Amendment Number 22 to the Official Plan of the Municipality of Bayham 1 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 22 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2017-114, in accordance with Section 17 of the PLANNING ACT, on the 16th day of November 2017. MAYOR CLERK 2 BY-LAW NO. 2017-114 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 22 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 22 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 16th day of November 2017. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-114 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK 3 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 22 1. PURPOSE The purpose of the official plan amendment is to change the land use designation for 1,011 m2 (0.2 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from a Central Business District (C1) Zone to a Village Residential (R1) Zone in the Municipality of Bayham Zoning By-law. The amendment is intended to accommodate a change in use for a vacant commercial parcel to allow residential infill development. 2. LOCATION The area affected by this amendment is a rectangular parcel of land located on the west side of Erieus Street, south of Waterloo Street in the Village of Port Burwell and known municipally as 27 Erieus Street. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an underutilized commercial use. Due to the lands being vacant, since a fire destroyed the original residence in the late 1970's, there is an opportunity for development on the lands. No commercial business has developed the lands for a number of years due to the lack of commercial demand in Port Burwell. The proposed redesignation of the subject lands would meet the intent of Section 4.5.2.2 that supports residential intensification in villages on underutilized lots in residential designations with full services. Furthermore, the proposed meets the intent of Section 4.2.4.1 that encourages intensification and redevelopment in settlement areas on underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Based on the above sections the proposed change is consistent with the Official Plan. The application is deemed to be in accordance with the Provincial Policy Statement 2014 (PPS) and the Official Plan of the County of Elgin. PPS Section 1.1.3 indicates that settlement areas shall be the focus of growth and development, and that regeneration shall be promoted. PPS Section 1.1.3.2 indicates that land use patterns within settlement areas shall include efficient use of land and resources. The proposed amendment is consistent with the PPS based on promoting growth, intensification and efficient use of land and resources where infrastructure exists within a settlement area. Elgin County Official Plan Section C1.1 encourages the enhancement of the character and identity of existing residential areas and promotes the efficient use of existing infrastructure. The proposed redesignation to residential would enhance the character of the area, by adding to the existing building stock. It would also create intensification in 4 an area with existing infrastructure in an existing built up area. 4. DETAILS OF THE AMENDMENT a) Schedule "D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Commercial" to "Residential" those lands outlined and marked as changed to "Residential" on the attached Schedule "D", which shall constitute part of this amendment. b) The lands subject to this Amendment and designated "Residential" may be used, developed and zoned in accordance with the "Residential" designation policies of Section 4.2.2 and 4.5 of the Official Plan, as amended. 5 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM \_ 1 -------._ SCHEDULE 'D' \___" �` ' �� PORT BURWELL: —'� I ~\'�I LAND USE p-� and CONSTRAINTS -..r i 1 r TSI rj , .� T '� /- '0410/ � Land Use _ rL-, �p per,\ Residential > eolm,�. f A. / _ __. Multi Unit Residential t .--rd:. ��, VA' _ [� Harbour Residential/Commercial �� �' ��' s In Commercial \ 1 �, / �� _ r� Institutional �\ `�, /��� �� I/ A/ ��A. I� . Industrial .� )�� C u���rlllaaai�� �� y �., ,;L7, n• t'='•._•° Open Space 1 • 4 ' '''->-, \ '� •p// �—I Conservation Lands $ s'",... � ` w .. ,i I '. --i„ , C: Specific Policy Areas ki �\ I III • �� � ��� Constraints '?-1----- ^ i'L I I'f� �i � ����p � �� tZel Hazard Lands a `w, V — ^ -1 j/ U I. • I ,��... ��.I _ Sewage Treatment Facilities V (� F �� / o Existing Petroleum Wells ���...1. �� 1� /' %`' i!' a��, `p// Base Features �� �/ ;wily r/f r — County Roads , ,llt,W 4 �I�� "TO — Local Roads 8.3 ss . SUBJECT LANDS CHANGED 1 � ,„tFROM"COMMERCIAL"TO 11'4' la "RESIDENTIAL" 40 AREA NO,2 3 IVfSPEciFiCPQUCY 'f �� Lake Erie 2. 90" 41 ./4.41. •ri 4i1 LT; ''�• 0 125 250 500 v,1 �C Metres 4�,, 1:10,000 9 Schedule'D'forms part of Official Plan 8 of the Municipality of Bayham and must be read In conjunction with the written text. May2017 vaiNlYHAAT MUNICIPALITY OF BAYHAM 56169 Heritage Line 044;41114"".. ....0‘'',4- P.O. Box 160 04fOov°4 & Straffordville, ON NOJ WOp � pOrtunity Ise°"yd Phone (519) 866-5521 - Fax(519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$Z000(Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) or$9500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, et�t R shall assume responsibility for any additional costs exceeding the deposited a nt related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. el z"1/ 7.---;:.;;,z",e,,, r,,,--7/7 Z../el;- ._ . , , , IA?,t-,t l' L:\Of-v\ss-r:_1,\ t \:,cam.,e, Propert Owner . 1\ lik_ifii, iJ c. A AAe .1y 'a Property Owner FOR OFFICE USE ONLY DATE RECEIVED: '-°' - ! r1 AMOUNT RECEIVED: C. � DEEMED COMPLETE: C / 3/17 RECEIPT# : 86,0 57c-, -. FILE NO: 1. ..) 1. 3-) - ''"bG DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's pp11 �` 1, Name(s): �►Sk Ki YtWAtA 4Cs5L AMQ- A41 Address: :1-4 k "7.0A (-.4 c c/ 2j� , k.) t (E-0 Phone No. (Home): 619-yt, ( ( —g064 Business: pna . l To1 —(�' Fax: c$ -TbI4 Email: p e @ neckC.W3. Cavin Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. N 0 2. Applicant/Authorized Agent: Address: Phone No.: Fax: E-mail: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested Roll # k- $ekk OC) Concession: Lot: a_ Reference Plan No: p . Part Lot: Q Street and Municipal Address No.: (Q7-1 ✓�-� `3- '—� — °� 3J c`-U-54,- • What is the size of property which is subject to this Application? Area: f 011,761 m2 Frontage: ea 0 r:1 m Depth: 1 m When were the subject lands purchased by the current owner? __i_. _ C� 3•00, Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: COQ dve re...Lcsa How does the application conform to the Official Plan? LQ-1.-Avvve-rZt-4-0 cQvLify,i4 5. Existing Zoning By-law Classification: c'r s ,o What are the current uses of the subject lands? If known, provide the length of time these uses have continued on this property. tq.� ‘a� OtinUA is A erK0. fit If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks e If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. 4.121 Nseelk_ A P01,-N . t'" Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? ie, kot.A.,_1/4,, 4, 0,,,.. get,f,4"61-r%seVk ,',,---411e '4 e144 -- recsiigke4,c(4.3 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes o ,\ adjustment of a settlement area? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes ,No , If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) u.-..e._q..r.,(' c),_e_re For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks a e&11 *A, 1 tik _P - matin -def® oiswer vo i ci : 0,, 4.,5y,e,...„..94z, ,.s --,,as.,. i\ack_ 4Thsisit,______v_14-18A.wwilecip ,A Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) ULKate-r qt- Sia:LLVZSt 4-42M- Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: *- i Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( ) Municipal Road —maintained all year ( ) Municipal Road —seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. a 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? ft 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 /' 20. Nifthis application is to accommodate the consent of a surplus farm dw ' g, please provide the following information: ------- --- Date ---__Date surplus farm-dwelling was erected: Please provide the assessment roll num._- -, ocation, and zoning of the farm parcel with which the subject lands are being consolida Roll # - - 01 911 Address: '' Zonin assification: �\ I/We, �b `I v� . `,`�,,.; ;,I: of the , A k01‘Q . Name Town/To ship/CityNillagetc. ? pok . the Countyof 4e do solemnly declare: M ' ipality Name County Name (i) that I/�We amtar the owner(s) of the lands described above (ii) that to the best of my/ ui knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint_ to act as an Agent on my/our behalf in all aspect's orchis-ap.p cation. _ Owner(s) Signature(s): )-(----7----) And l! make this solemn declaration conscientiously believing it to be true, and knowing that it is o a same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLAREDBEFORE ME at the: F _ ,,,, / (i COI(-Oa /7:71-y of /1)ct/1)cy ha frOwner l agent in the County/Region of (-�,7 j f this . :- - day of / rnhz-✓' 20 /7 .. �.v, r ') 7 Owner%Agent ./,--6Z4.--/— _,-•' A Commissioner, etddARGARET UNDERHILL,a Commissioner ete Deputy Clerk of the Corporation of the h'iValcipanty of Dayhac, N s O 0123 R 0111 y n t 25 04V w 25 N i N eel �. O N Y cz 4 mow--- , t i 1 0112 0122 24 24 I 0 t 1 11R4709 tW p,. 0127 - ...._..............:: ...... ... — :..... ..,..a._—_.w.�,,,�.,�_.�._..w,�,..--- 1 { 23, 1 N "" L-tZ CC a cc Lu 23 0113 10 W 41 a 0126 w 0114 Ret t' r` 0120 11R6776 e � � 1 o 22 C �, r--o y'_� M S (1' 1 4 11R9772 0115 J; to �.. 0118 0119 o O i ke 21 21 i t 21 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z668-2017 BARTSCH BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 11 by changing the zoning symbol on the lands from Rural Residential (RR) Zone to a combined Rural Residential (RR) and Temporary (T2-6) Zone, which lands are outlined in heavy solid lines and marked RR/T6 on Schedule "A" to this By-law, which schedule is attached to and forms part of this B-law. 2) THAT Section 26 Temporary (T) Zone, as amended, is hereby further amended by adding the following section, shown as RR/T2-6, to Defined Areas and End Dates: 26.4.3 RR/T2-6 as shown on Schedule "A", Map No. 11, for temporary use of the lands for manufacturing, retail sales and outdoor storage of mini-barns, for a period not exceeding two (2) years, ending November 16, 2019. 26.4.3.1 Temporary Permitted Uses Manufacturing and retail sales of mini-barns including the storage of construction materials inside the existing 297 m2 (3,198 ft2) accessory building. 26.4.3.2 Outdoor Storage Outdoor storage of finished mini-barns shall not exceed 20% lot area, shall not be located less than 10 m (32.8 feet) to the rear or side property lines and shall not be located less than 60 m (196.8 feet) to the front property line. 26.4.3.3 Employees Maximum Maximum number of employees six (6), including on site residents. 26.4.3.4 Privacy Fence An opaque privacy fence of 1.8 m (6 feet) in height is to be constructed from the north end of the existing hedgerow on the east property line northward along the property line ending at a point perpendicular to the north facing wall of the existing accessory building, of approximately 40 m (131 feet) in length. 3) THIS By-law comes into force: 2 Z668-2017 a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME AND SECOND TIME THIS 16th DAY OF NOVEMBER 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2017. MAYOR CLERK 3 Z668-2017 j SEE SCHEDULEA -MAP No.8 / I / w RR/T2-6 LO'1 10, '�/ 7 / 1I ( LOTII / i /,./:".„,_„,, //' i ��������1� //LOT 10 ` — � 1:/ / ^. 1 11 _1 c) ' L0T71 i- ! I I//Yl ' \\\ i I 1 I / c� v / v v I I, 1 1 / 1 r" i , \ \ 1 I1 -1 I I 0 /�� I L.1�13f q A , 11 I1I I I o i I l y /y - /,11 ,h - I \, / I I' I I Z I 6' '_OT I4 i � i -.1- ( l 1 , -, ,/,,,, COI\4% LOT 16 \.S 1 \ / 1 i I I Q /f i �' \ — 1 / LO 6 \ 11 11 J / r 1 1 1 I t ! _Of 111; ,1\ 11 r �, I 1 / - N U I .>-lfGi�rj2tg �2 i y! /`1 it F.� I 1 /—1', \\:,T('Il I! Li, k 1 1 I J( \I 5 / `- f / a \ I . i ' 1 \ ! / s o z a \ 1 \ 11-.,: I 4 1 /l ! /1 \ /r w _ �J J I CIw '` i I / ( ' Wo SEE SCHEDULE H \ , til // / ` I w \ -MAP VIENNA I � / . N / _' f I i I i i ;l / \ ( / / _ i / This is Schedule"A"to By-law 1 i1/ No. Z668-2017,passed the _ J — -I i day of ,2017 . t/ • SEE SCHEDULE A-MAP Mayor Clerk z No.14 I I COV 2 MUNICIPALITY OF BAYHAM Legend SCHEDULE A 0 ZBLA NORTH (2 LPRCARegulaten Limlt MAP NO.11 0 200 400 800 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 Neves THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z669-2017 MUDGE BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "D" Port Burwell by changing the zoning symbol on the lands from Central Business District (C1) Zone to Village Residential (R1) Zone, which lands are outlined in heavy solid lines and marked R1 on Schedule "D" to this By-law, which schedule is attached to and forms part of this B-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 16th DAY OF NOVEMBER 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS_ DAY OF 2017. MAYOR CLERK Nw SEE SCHEDULE A-MAP No.14 " r Qd SEE SCHEDULE A-3/AP No.13 j / , ob , i y�, r 5� , C .•-,.„.,,-,...„;...„,,,,,,,,,,.... .rte: :, C. , ' t • p ^rte, �'LIBBYEST 1 - SEE INSET MAP 1 "l tcf, • 1' vim. y��: . r 1 '�� LININSET NI P RI � ' � E ....,: ._._ _ _ r : s ,E-rr i– –_:– ....– 7".(L 'AHST – –,44-,,,.wrvtif. �„ ^S' _��H A A I 1�A7ZRL00 ST r o t HTIL!NCTONSTI z, I M w,, ,' y 1.4 it- -- — - -- 'i 2 1 �� u' 1 . , a rr_, c , . a1. This is Schedule"I"to By law °. No.Z669-2017, passed the t-.., ��_--1 day of 2017 pry 3 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE I Leaend NORTH PORT BURWELL t? LPRCA Regulation Limit a too 200 aoo Mel Ce ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-115 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD NOVEMBER 16, 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 November 16, 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 16th DAY OF NOVEMBER, 2017. MAYOR CLERK