HomeMy WebLinkAboutBy-law No. 2017-114 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
c:
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 _______I Fr
PORT BURWELL:
---, LAND USE
�/ and CONSTRAINTS
0 (.4 r
1 Moaawm+ /� ./ /'�
1
1=_ =, T3—,
��` Land Use
g eo sr�ii-.fp., I" �+� P \ , Residential
■ Multi Unit Residential
•
r_18,m(1,0 *`• � �' �j Harbour Residential/Commercial
JN--,.,...,,,vC::. .__.___„,
�t MO Commercial
mfj -_ ® Institutional
� AeIndustrial
`,.. ' �,f\� � 7��� terata �i�� w'n f Opan Space
\� !�` /I I=1 MI Conservation Lands
�' `,: .1 / Specific PolicyAreas
,o_ 1r\ �f I1 T� �! H- IIP jcjfttfijy
S . ,
�, 4 j�.—+� — Local Roads
, �.,:.,`".
I SUBJECT LANDS CHANGED
FROM"COMMERCIAL"TO
i I 1 ,`� "RESIDENTIAL"
1 ;føARSdNo2
Lake Erie
OA-
...
N
tti '1� S
4% 0 125 250 500
Metres
c �I 1:10,000
ci
9
Schedule'13'forms part of Official Plan
8 of the Municipality of Bayham and must
`�-' May 2017 be read In conjunction with the written text.
4j�!►� MUNICIPALITY OF BAYHAM
`'' � 56169 Heritage Line
����, P.O. Box 160
(cL ,
®p Straffordville, ON NOJ 1Y0
► s�
POrtunity is*i° 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.
Q
I/We, y‘ PetC-Lq 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.
PropertOwner
cr. 1A-,1 ,
PA3--\6,a, VNme .‘Nk
Property Owner
FOR OFFICE USE ONLY
DATE RECEIVED: ` -r7 AMOUNT RECEIVED: `'`®<.�
DEEMED COMPLETE: C: / 3//0 RECEIPT# : ( 0 -'`'C
FILE NO: l-J t ' ' QCT DATE ADOPTED BY COUNCIL:
Revised March 2017
Municipality of Bayham Zoning By-law Amendment Application Page 2
1. Registered Owner's pp� aA
Name(s): l�tOtNv:,--twxv1 Vk puseC not AMQ k(C4Z
Address: 234 `-'114/\ AcC.tc_c3," �IP, (to,
Phone No. (Home): Ict-`-(az(°-( '0;l( Business: Ana .
Fax: -6svG C1 4 Email: p r @ (lc 5O al-AD Cion
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.
s)
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 # ;� � �+ � lett
Concession: Lot:
Reference Plan No: p tap, k Part Lot:
Street and Municipal Address No.: 471 (�s-a�-�3- � �- P3,1
What is the size of property which is subject to this Application?
Area: if Ott 701 m2 Frontage: ° >. m Depth: 50s m
When were the subject lands purchased by the current owner? S„_i__
Municipality of Bayham Zoning By-law Amendment Application Page 3
4. Existing Official Plan Designation: .e.
How does the application conform to the Official Plan?
C_O WU('rie,V&CS' w • 4-W\Q--vvikWe- ft--40
't4
5. Existing Zoning By-law Classification: ,.
What are the current uses of the subject lands?
Veke
If known, provide the length of time these uses have continued on this property.
A
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
MO
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.
eaD
t
k
Municipality of Bayham Zoning By-law Amendment Application Page 4
7. Why is the rezoning being requested?
a
DA dfi A Sy
8. Does the proposed Zoning By-law amendment implement a growth boundary Yes ,
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? YesN®.
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)
N.
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
p d
ReS:12./Ne.a..- k,A 4 1 r✓k tl b ktfk, MU% 164 4 S CO l' 56
f
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 ( ) ( )
uz,cne\tec-- %.-Lt69, 4-0 *LA
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: t `A, t- ., ! ',.4c__ ;;Nik,
11,
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.
14. How is the proposed amendment consistent with the Provincial Policy Statement 2014?
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 consolida o
Roll #k -- = 01
911 Address:
Zonin•, assification: \–____
I/We, �� 4� Co. � a. , ',., ,,I,-_ of the ,,A, \ OJ.1''
Name :‘, Town/roti ship/City[Viliage1etc.
of , >s j3,�, _A;' ;Pj the County of �_ , do solemnly declare:
1
M ` ipality Name a� County Name
(i) that I/ am/,a-r�the owner(s) of the lands described above
(ii) that to the best of my/€u) 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 orthis--a.p lips_cati�on.
Owner(s) . )---- �1/4„: ,r `0 %%��`'-'
A
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: @t, _
�„ __
r
,,
/ , ,, , ,,,,,, ,,,,f� / of 7)c y/747/k7 '- (Owner%Agent
in the County/Region of /' this
day of � fe-1hZ,� 20 ..
7'7 !f- Owner/)Agent
A Commissioner, etddARGAR T UNDERHILL,a Commissioner, ete,
Deputy Clerk of the Corporation of the
h'Iuricipwtity ofDayhace
....._,....._„.....____,___„,......_ ...,„,......,.._.„. ....
A 0111
1
;• 0123
I :
: co
CV
1 vG)
-. Cr
, r
'., v...
: 25
oD N 0)
25 i, e)1,.e_ ;
t
:UV —----- I 1 1
,,m,,,„„ h,r, ---:>--.---,-zer-^o-,..--"------m 1
— - ...----- --- .....--7 ..3:...--,
I QJ '
. .,. . g
1
•,, ,
1 t.
0112
; 0122
24 1
i ••
24 t ;
11 R47 09
[ cn z I
141
0127
LCI 23,
I-..
Ci-
(#) (NI co
..,-
. ,,,,„..,...., ....LL,.... .... L. ,.. . .. .... . „ .,....,L. .......... , .. . _L. .. .... :. ,.... .....„,..,....., .„,..,,., 14 t... ..,'5,__L....4— . ..._---
v -, . . , .. .. . . . .. .. ... ...., .. ,. . .... . . . .... ,„.. ,e-N
''.[„'.:„.',..,.1,..„,„„•;;..1": 1.,,,',.,:,,,':-..:1,, . ..:. ..,...,..',71...::.::...;:::.:;:;::..,1.',:r',,...,..,;;::'.' . -: ,.:‘;',';'','''';':1'''''"''.',.:1;:',.:.,Y.,. .. KJ EX 1 cf. Cc
(D III
0113 14.1 LW t4" 0126
23 '1:::::!t'!"...."Ig.' '.2.!:t;!':'!!!:.:TI!;[,.•!!!!!!'"':'..":::::..!!•1!!:!;!...!! 1:1:!.:•.!!!!•i!•':•ll'•!!•':'"!:t!2 !•....:!!'•-.i1,' . .!.,,.-4-i,.—')--.,..,;',•:,:',?:,;.';';',.,.I.ctS . cc 0
::.,;,.i-j::•.•,:: :,,,..-i...,..,.. .i,::,, ,,,,.., ,i.‘,i-,.. ..;:.,,..,...,,,.:.:::;:.:::.;.,.-',.,-.. ii.J: u.1
... . . , .. ... ..........--
. 1---- .
.. ...,.,.. .... ..,.. . . .... . . ..........._,.......,_ _. _ . _ .. _ __L._„....... .. . .
. - - ...-..- .. - . . . •.. .................,....__...._ ....,...... ._........ . .
— ___.„,..,..,.... ... . .
_ ........ ,
1 tr)
e•-•
f 'N., c...
e_ ...-,'S...e,,e4zi)__ (..)--14-- ,
1 I
0114 0120 ‘st•
c.,
22 11R6776
1 co
--rw.,4--vc.°•-• ' cn
1 c'
I 1 1 cn
.c... ••c-,;
f r
....,_ ___,.._ - r m -----/
i it)
•:C•
1 e•-•
04 1 1
, 1
co 11R9772 ' 1
l' 1
0115 0
--c-7-.71-‘
:, ,...
'=*" 118 1 0119 1
1 CZ, t 0 ----...,.!
i. 1 Q (...:,.
p L 1 1 :
21 21
...—.....,
21
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.
?Ziej
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.
re/
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
P
SCHEDULE 'D'
`~
--,` \ i �����''��� PORT BURWELL:
�i LAND USE
,\ l and CONSTRAINTS
1 .040-
/,*i
• . (y /// I
j-T �` // /i • /,,,e.aP
��E / ��rpp t0+ Land se
!'��N-__p.,�' �� �" „1 ! Residential
a nW�T , ■ L_; Multi Unit Residential
a
t�I� ° 1`A r ® Harbour Residential/Commercial
b �.• {��u,.� = Commercial
i �� r N = Institutional
' l' .\ ,4 • myr-
Industrial
�� I`�'�I� �/� „;��--^� ooay.cucr.�o l f / �04 — " Open Space
1 w.� '� 1 •
per/ e ,j {I Conservation Lands
NN I I` �os�1� ;7 Specific Policy Areas
T \ '\ ?] �i �i I El ow ISI,! - ' , - .,,, / Constraints
'i'��/ r ' �/ M Hazard Lands
a � 7,I nj ,� /� ® /'f � � Sewage Treatment Facilities
###.I. �C , J I / I B^ 711 •� 1 t�I/,�041#4 ( 1�.•"4 1 • Existing Petroleum Welts
##i '',...-..4.r."-- / Ism!!e /1'4,I'/��!�t4Woi#1' A ` Base Features
l rI� n�1 '�' °,144 /� Oir' — CountyRoads
k. ��, / /pw10:1=0:
,� — Local Roads
E.y 41.411/4 „6,
� \ cli / SUBJECT LANDS CHANGED
'���fff,,, \\\ rA FROM"COMMERCIAL"TO
,.
av / "RESIDENTIAL"
S SPECIFIC POLICY
�f
AREA NO.2
r / Id. Lake Erie
L
4' /4 a t I
S ����1; S
v �I%/ p 0 125 250 500
Metres
-�'/1. 1:10,000
F.,'
Schedule'12'forms part of 0Mclal Plan
of the Municipality of Bayham and must
be read in conjunction with the written text.
'x- May 2017