Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
September 20, 2018 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 20, 2018 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 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held September 6, 2018 B. Public Planning Meeting held September 6, 2018 re Carolyn Baker C. Public Planning Meeting held September 6, 2018 re Dion Gale 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 10.1.2 Requiring Action 2018 Council Agenda September 20, 2018 10.2 Reports to Council A. Report DS-53/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning Application — Baker Zoning By-Law Z679-2018 B. Report DS-54/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning Application — Gale Zoning By-Law Z680-2018 C. Report DS-55/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Application for Amendment to Site Plan Agreement— By-Law 2018-086 D. Report DS-56/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E57/18 Chad Underhill Farms Limited E. Report DS-57/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E58/18 Dennis 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Municipal Elections 2018 Notice of the Voters List B. Elgin Residential Hospice Status Report C. Long Point Region Conservation Authority Board of Directors minutes of meeting held July 4, 2018 D. Farm Credit Canada —AgriSpirit Fund Notice grant funds E. Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement Information F. 2018 Volunteer Appreciation Notice 11.1.2 Requiring Action 11.2 Reports to Council 12. BY-LAWS A. By-Law No. Z679-2018 Being a by-law to further amend By-Law No. Z456-2003 (Baker) (This by-law follows the recommendation made in Report DS-53/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of September 20, 2018) B. By-Law No. Z680-2018 Being a by-law to further amend By-Law No. Z456-2003 (Gale) (This by-law follows the recommendation made in Report DS-54/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of September 20, 2018) 2018 Council Agenda September 20, 2018 C. By-Law No. 2018-085 Being a by-law adopt Municipality of Bayham Speed Limit Assessment Policy (This by-law follows the recommendation made in Report CAO-67/18 by Paul Shipway, CAO I Clerk during the regular meeting of September 6, 2018) D. By-Law No. 2018-086 Being a by-law to amend By-Law 2014-095 a by-law to authorize a site plan agreement (This by-law follows the recommendation made in Report DS-55/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of September 20, 2018) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-087 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 6, 2018 7:00 p.m. 7:30 p.m. — Public Meeting — Planning/Zoning Applicant A— Baker Applicant B — Dion Gale PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER ED KETCHABAW ABSENT: COUNCILLOR RANDY BREYER STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL ROADS OPERATIONS SUPERVISOR STEVE ADAMS 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS A. Congratulations were extended to Councillor Ketchabaw on winning the Watermelon Fest seed spitting contest. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held August 16, 2018 Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the minutes of the Regular Meeting held August 16, 2018 be adopted. CARRIED 2018 Council Minutes September 6, 2018 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting concerning a proposed zoning by-law amendment— Baker B. Notice of Public Meeting concerning a proposed zoning by-law amendment—Gale Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT correspondence items 10.1.1-A— 10.1.1-B be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. North Frontenac resolution re NFPA Standards B. Town of Oakville resolution re Regulating the Display and Distribution of Objectionable Images C. Township of Selwyn re Provincial Agricultural Systems Mapping D. Municipal Elections 2018 Notice of the Voters' List Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence items 11.1.1-A— 11.1.1-D be received for information. CARRIED 2018 Council Minutes September 6, 2018 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-63/18 by Paul Shipway, CAO I Clerk re Otter Valley Chamber of Commerce Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-63/18 re Otter Valley Chamber of Commerce be received for information. CARRIED B. Report CAO-66/18 by Paul Shipway, CAO I Clerk re Winter Operations Plan — Level of Service Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Report CAO-66/18 re Winter Operations Plan — Level of Service be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan — Level of Service Policy attached hereto as Appendix 'A'. CARRIED C. Report CAO-67/18 by Paul Shipway, CAO I Clerk re Speed Limit Assessment Policy Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report CAO-67/18 re Speed Limit Policy be received for information; AND THAT staff be directed to bring forward a by-law to adopt a Speed Limit Assessment Policy for Council consideration; AND THAT the correspondence of Mr. Kevan Rouse be referred to the Elgin County Director of Engineering Services. CARRIED 12. BY-LAWS 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 2018 Council Minutes September 6, 2018 Council recessed at 7:09 p.m. and reconvened at 7:30 p.m. 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-084 Being a by-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Confirming By-Law No. 2018-084 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 7:39 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, September 6, 2018 7:30 p.m. Applicant — Baker PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER ED KETCHABAW ABSENT: COUNCILLOR RANDY BREYER STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Carolyn Baker Scott Baker Dan Garner 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Carolyn Baker 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 A. Application submitted by Carolyn Baker The purpose of the public meeting is to consider an application to change the zoning on a 222 m2 (2,389 ft2) parcel of land from a Village Residential (R1) Zone to the Site- Specific Village Residential (R1-XX) in Zoning By-law Z456-2003. The zone change is to permit the reconstruction and reorientation of a single detached dwelling. The subject lands are located at 8 Robinson Street, east side, south of Brock Street, in the Village of Port Burwell. The effect of the by-law will be to allow for the replacement of a dwelling in disrepair and to recognize the reduced lot area, no lot frontage and reduced lot setbacks. 2018 Planning Meeting Minutes September 6, 2018 Carolyn Baker 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE Deputy ClerkiPlanning Coordinator, M. Underhill advised comment received from the owners of 2 Robinson Street in support of the zoning, however they expressed concern regarding the existing cottage and deck setbacks. The Deputy ClerklPlanning Coordinator advised the issue will be addressed in the rezoning process. 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Zoning By-law be considered at the meeting scheduled for September 20, 2018; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Carolyn Baker is now complete at 7:35 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, September 6, 2018 7:30 p.m. Applicant -Gale PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER ED KETCHABAW ABSENT: COUNCILLOR RANDY BREYER STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Tracey Davies 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:36 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Dion Gale 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 A. Application submitted by Dion Gale The purpose of the public meeting is to consider an application to change the zoning on a 2,266 m2 (0.5 acres) parcel of land from a Village Residential (R2) Zone to the Village Residential (R1) to permit a single detached dwelling use on the lands in Zoning By-law Z456-2003. The subject lands are located at 27 Ann Street, south side, at the corner of Union Street, in the Village of Vienna. The effect of the by-law will be to allow a single detached dwelling to be constructed in a residential area currently intended for a higher density residential use. 2018 Planning Meeting Minutes September 6, 2018 Dion Gale 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE Deputy ClerkIPlanning Coordinator, M. Underhill advised 1 submission was received from 39 Union Street in support of the rezoning. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Zoning By-law be considered at the meeting scheduled for September 20, 2018; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Dion Gale is now complete at 7:38 p.m. CARRIED MAYOR CLERK vo YHAA? Ili , , �<< REPORT oppo o4,. DEVELOPMENT SERVICES j'tunity Is TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 20, 2018 REPORT: DS-53/18 FILE NO. C-07/ D13.BAKE Roll # 3401-002-001-20400 SUBJECT: Rezoning Application — Baker Zoning By-law Z679-2018 BACKGROUND: Carolyn Baker has submitted a rezoning application to rezone her property located on the east side of Robinson Street, known as 8 Robinson Street. The lands are designated Residential and Hazard Land on Schedule "D" Port Burwell: Land Use and Constraints. The property is zoned Village Residential (R1) and Long Point Region Conservation Authority Regulation Limit on Schedule "I" Port Burwell in Zoning By-law Z456-2003. As required by the Planning Act, the Notice of Public Meeting was circulated to agencies and the neighbouring properties within the 120 metres. A public meeting was held September 6, 2018 with Landowner, Landowner's Son and Appointed Agent as attendees. One written submission was received from the Owners of 2 Robinson Street (see attached). At the time of writing this report no additional applicant or public comments were received. PURPOSE & EFFECT The purpose of this By-law amendment is to change the zoning on a 222 m2 (2,389 ft2) parcel of land from a Village Residential (R1)Zone to the Site-Specific Village Residential (R1-12) in Zoning By-law Z456-2003. The zone change is to permit the reconstruction and reorientation of a single detached dwelling. The subject lands are located at 8 Robinson Street, east side, south of Brock Street, in the Village of Port Burwell. The effect of this By-law will be to allow for the replacement of a dwelling in disrepair and to recognize the reduced lot area, no lot frontage and reduced lot setbacks. DISCUSSION: The rezoning will address several zoning by-law deficiencies to effectively allow for the new construction. The planner's memorandum dated September 10, 2018 discusses the Official Plan and Zoning By-law sections to be addressed. DS-53/18 Baker 2 The property falls within the Long Point Region Conservation Authority Regulation Limit and is subject to their approval and permit. The Owner has obtained Permit No. LPRCA-138/18 dated September 5, 2018 giving permission "to replace an existing vacation home". Staff and planner support the zoning by-law amendment and recommend approval. ATTACHMENTS 1. Zoning By-law Amendment Application 2. IBI Memorandum dated September 10, 2018 3. Correspondence from R. Greisbach and C. Anton-Griesbach dated August 24/18 4. Draft Zoning By-law Z679-2018 RECOMMENDATION THAT Staff Report DS-53118 regarding the Zoning By-law Amendment for Baker 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 September 6, 2018 associated with this application, no verbal and one written submission was received and that all considerations regarding this matter 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 from Village Residential (R1)to site-specific Village Residential (R1-12) on property identified as 8 Robinson Street, Port Burwell; AND THAT Zoning By-law Z679-2018 be presented to Council for enactment; Respectfully Submitted by: Reviewed by: ,/f41"r'; Margar= Underhill Paul Shipway Deputy ClerkiPlanning Coordinator CAOICIerk pNliA4 MUNICIPALITY OF BAYHAM • 7,41.% 56169 Heritage Line �1 P.O. Box 160 \<:./77.7( Straffordville, ON NOJ 1Y0 C.) ort-unity Yo Phone (519) 866-5521 — Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM y.,:-k This application must be filed with the Deputy Clerk/Planning Coordinator or designate Municipality of Bayham along with a cheque for the required amount. The applicant stlouic_ retain one copy for their records. The information in this form must be completed in full. This mandatory information riiust r provided with a fee of$2,000 (Zoning By-law Amendment or Temporary Use Zoning By-law) ui 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 returnee. `- ;IVVe - t ZOL kik ( - L shall assume responsibility f°• 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 tl:i signed application. I also agree to accept all costs as rendered. AD .- Property Owner Property Owner FOR OFFICE USE ONLY :, r ''� RECEIVED } rM AMOUNT RECEIVED DATE y 1, i ;;;;; 4;474 ;sdfsayC% -Jva#ti � �+tl ��Z " , DEEMED3COIVIPLETE ,� ' « "�§ . rf.:3 i JI tlF C a-fC� a y. < �k�'xkt � tb a g s 1 � ttiY� p � f coo l— � ;� r �3 r ear ra 7 5 �a tl�'f tin 7 4 x X14 t : Y �tL. 1 > } � �� ! yT�u j 'I ( < r � FM f ''t I `E NO i n PATE ADOPTEDxBY COUNCIL .;. Municipality of Bayham Zoning By-law Amendment Application Page 1. Registered Owner's Name(s): (3,11 IRC L F K E .,, Address: _ 1 2 0o RA 4110-0 >J 4br /. A17),� L� C� 2 A c) Phone No. (Home): z`7 I �� '1 5 3 [ t usiness: � ra- Fax: I 1 h i 0 tN �.'- Email: et-or\r 1 , 0,LQN,-- 6 i< ! t?. <- 0,601,1 ecc>m, 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. r IVC r- ti 2. Applicant/Authorized A � Agent: AN) 6 A 040 EY-/- Address: /Address: ft.,)A I© 1--t) (AA l` C ‘`f) Phone No.: LC°)-1_ Fax: Fit c(t49 L-1 E-mail: Please specify to whom all communications should be sent: Registered Owner ( r) Applicant /Authorized Agent 3. Legal Description of the land for which the amendment is requested Roll # c-22)(tnO —00 P. 00 ~000 Concession: Lot: I A f r1-2 R.0°A1 Reference Plan No: Part Lot: Street and Municipal Address No.: Q 0 C-' What is the size of property which is subject to this Application? Area: aja.. C g. m2 Frontage: LO 11'1 m Depth: g,Q e , , When were the subject lands purchased by the current owner? I crq Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: f\1z i� —�g Zf 'O G�'�Y`�/� . How does the application conform to the Official Plan? E-Ciiv/S7 f c c T -L7 f /fZ we") 5. Existing Zoning By-law Classification: 1.4...ct&E / ESfo1. i ,,Cts g L/&`Q /''E. What are the current uses of the subject lands? If known, provide the length of time these uses have continued on this property. ._.)fes /R 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 C c ' 13.3 a-6' 1 I ig)(2 6 _ t gf4 7' 1 G l,�r 1r LI 7 31/4xg1lz- 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. Sec-4o-Y1 /0. (,. z 7` Coverrz j< _ l�.mi11(et1 3oi�� prepsc'd 3� � y, it. re a ���.h%c:s -� �.�r��.�-U1 cis I71d'u<Gt Src 'en /® 3 cdacee/r-xisii-7 /43 erect o?� _ r►��a.4er� ol.�m g�r ee 0: � ec or r, /0• '0 " f , ,en'r r, i 'i a . ..« Srn 4.4i.e le C /V?!ijX70, s,4.:117-‘,71 /0.9. a f-duccI So )'a re/ —re.-(eym ie. tilt34-1.7 ..5e-/-64045 V/4'ovh iteivi7 4-e. tr.e d✓a/ ` T i Yc edT1 Sim.: Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? /tl Eru Q 7 y 4GE r> n lfA1617erti / erYk:"W7- C. te+ EX f S7rt/C- v0E-tsi P&--7) Lal- a r=773 /15 Gsf/ &--rr ,9-e . 55/ v /9�D 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes I No 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 CN 01) 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) X:;^Pc_refeCe_•-aLrr ( -rr c-E , ,O ,oteir/C—/tv 6- 1A-P TO L�/T 6a/L-0/A36- Can �,�r✓.py I) 5 /971/0 //n6e61 '6_= 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 Wapkce/reti-a re Setback Setbacks . ,3fyi / Om viesi- Vs,141 61-70 -71,07 7,, /. aryl E s-i- 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 ( ) ( ) 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: /45 Ek(5 7i Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) CountyRoad ( ) Municipal R ad — maintained all year ( ) Municipal Road — seasonally maintained ( ) Right-of-way ( V) Water ( ) cee If access is by water, do the parking and docking facilities � an79a ed 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/Oicif _ 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? X-5//e196a76CJ�6 Ifs e';,1 7 re5).4%4 Q 51 7a G/ area 3 demo/iii i' c &// vgradeG'� 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)? Muniicipality of Bayham Zoning By-law Amendment Application Page ' 17. The Owner is required to attach the following information with the application and it vvii 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; o 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, wouced 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); m the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conserva. c.n Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Officia; 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 f -- - - - i Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this applicationis to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: tii' 1 q Please provide the,assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated, Roll # 34..Q'01. . . 911 Address: Zoning Classification: I/We, '2o 77)-444.4 , of the e t,si-v 0 Name Town/Township/City/Village etc. of , in the County of M ibbWcry , do solemnly declare: Municipality Name 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 l�Ve hereby appoint ,72. 6, tJ to act as an Agent on my/our behalf in all aspects of this application. • Owner(s) Signature(s): nAA 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". (t_ ,1 DECLARED BEFORE ME at the: !( ( /;t t,�� 7/7(/ � � of J) �1���/I Own Age•t in the County/Region of h this4 /3 ' day of V5/J`7// 20 tl Owner/Agent #Z/Z,CAK#1, A Commissioner, etc. MARGARET IJNDERHILL,a Commissioner, etc. Deputy Clerk of the Corporation of the Municipality ofJayhatn. ,'4:`,:41„1. '• 4 / ,j rY ; , y.. lj ,':'.4,;',.^','',,: ::',;.,4'.;'..,..:,.:;t,...::'''.f . I' 1. tN{ 1J / (• 'r r\L' r/•�G "�siflr,. r- ( i ark 5`rit ,�1ix .1.'... ..{4:'!.‘,,I..:.'''...:t • udr u�• f L ? �. SrF1t r 47 tJ}�` i .. ? ( r>• 9 dry r: Y '1'tidk •' �}L•„4:4, 1 Q, ,y )L. %AY r) ' t. 11 jS"aT2,V(rt��Y,f�,l� t 'jtt Z yt �) M 'tir V . i.1. / ; k,ifF,'1 EyM1�+ }q jt • r q.e, <l”f fir.t+� II p.4J'( fs r�y 4�1t1 i�C. r 'Ne .�t?-S i }, }4I:4%41411n • Lr l,Y{' A'"C. r S` s{ 'M1GLo`' �i f. '2'4.'4:1511'0'4-r� "ti :O" {� ij'r i a3�S'1,'('�� k 7W n•'y d r'`(t`l'S rte)"? tri�'� 1 p t T ¢ d{ t et ii�v r 1c „, y.t{,;),,4,{ t r r �u q S '1 .,Ntkk{ S •{ "tlrlrk4} Ak ,` CC '1�• ' �� 'Yi�iLrYr}°l1r�j"� {• / • �' .4Y A t ,^ rig ,..4 'J ry Yci..t'c k,h st� h ` C` +9 riii" • 1,-. f t f o p • hi\t L A �F.7 !7`« Y�{ 1 /....:.....'...--:1 MA ?�lbo�1� tib. irt3�' �' F�Lt °��y �4+rtry 7 +�r t4+} r i-.. :...'..,-)..14......: :T r. :!0}tilt ( 1,?6.4,7,{4f.; ,,,,i!.e,q''•4,7, ,'. I 11tA'iY l,M.�,a�pli '7i-ijiy� ' Cr ,ti�' 4' k�.* L,. `,9,1t,iI.A�t i r4 4 1!r AIAif•r ,I.St if".; e 1•C /', k.;'1.f1 .. h ( r� 4. N>lh t't �7y�r37 L+; / ar'.✓, RL'). _'r{ t!1.,L .•i._ �� - Yf + "t�rYlfili' �s h ���7.El�fM y! as ` u,E it _ _ �o J�wy L,, tag P2I.un(�os k 'I, alp' it t otv` \" ;.0 7t _ 3Ef1CUS St ,-;.\.,(7., ffX •-' r . I`�) II Strachan St ,� :: :: t" iiia 7/ k —11 --ir�"---)�, L,,,_ ■ ��. �, -, . r z. • IIi,:p, shakespedre,,i, ,'t,° LiL ,.... g „. E • Milton St �$� ,_. . . . . . RObmson St. ,_, is uTiolous, x ‘,..p Ttumuctramlu..4 1 `'�-- iS._ •,.. . Is agzztla • J aazi�J , I 777777:iit n - ` M Y �A.., C:) 11421 l"--c • bbill iti E / ^+l )4'"g"3 IP'. i, . > •N it n !K' 4, t A. 4 , „.. z I• /fr.� ,/� N Q 1 (r1.;i 1 is 7�, iP v slattzi r 1 ; I ' � ; z 3 : , f icZ ibel %ba*pir,.. .. . X11 1 J.�1. - r 0` i I (-15' P1) 3 a D1 & S - ti I 1 0.4' \<?, SHED 1 I 4'� oq (vIr�n ;,' I 0 sl ►NG). ' . - w y . 7---t 0.5' •tea 1t CJ I INS UMEN� 150154 coC .C� .' :A tc l > L�, 1 N Q J.. � en i-. ,,, . , „ ..,, ...., „, 1 - 1,, a 6 Ll r /. • ,, ,----- --- ----7, 2 �, I PORCH / / 47.4. 0'. 31188s r� � 4 , 40� I / / 3; `, J ,- ! / / F r h `° -< 7.1' / 1.3' 9 "4,r , 1 L / 1 STOREY COTTAGE 6 `, ' PI :I / (VINYL. SIDING) L, I N , Q 0 56 } I • • ®• o W00DEN DECK t� I I � \� 35.00' (D1 do S) ----- NF • (16.5' P1) � -<4.0' F:,, iri Lik$AQ V. 14 1 r_(" Ontario IV oLandA Form 1—Land Registration Reform Act J C•4o (1) Registry ® Land Titles 1.] (2) Page 1 of 4 pages LV c= rn r-i (3)Property Block Property T • identifier(s) tional: Oc See $2 Schedule 0� t7� �r \ (4)Consideration SIXTY—TWO THOUSAND C`7 �, I Z = o j,1 me/100 Dollars S 62,000.00 cr O - - c'� ;1 0 (5)Description This is a: Property Property w - ._i ❑ ur -, r_� i.r5 s Division ❑ Consolidation F= " --J Corporation of the Municipality of Bayham, 0 o-_- 07 E. , formerly Village of Port Burwell, County of New Property Identifiers Elgin, being Part of Lot 8 east of Robinson o SAeedditional: schedule ❑ Street as shown on Registered Plan 12, described Executions more particularly in Schedule attached hereto Additional: as Page 2 See ❑ Schedule ((I This (a)Redescription jib)Schedule for: Document New Easement J(7)FeInte eTransferred Contains Plan/Sketch j Additional Fee Simple ❑ Description® Parties ❑ Other (8)Transferor(s)The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that I am not a spouse. Date of Signature Name(s) Signature(s) Y M 0 RICRWOOD, Edna Greta --:-e . . ._ ,e- , 4.--------t 11999 '062-1' . . . . (9)Spouse(s)of Transferor(s)I hereby consent to this transaction Name(s) Date of Signature Signature(s) V M D (10) ress Transferor(s) Svcs)A�erie109 St. George Street, St. Thomas, Ontario N5P 2L7 (11)Transferee(s) Date of Birth V M D BAKER, Carolyn Joan 1945 0928 BAKER, John Telford 1945 08 09 .. . . . . .. . . .. . as joint tenants (12)Transferee(s)Address for Service 8 Robinson Street, Port Burwell, Ontario NOJ 1T0 (13)Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature r� Y M r D Signature4Nw..-'-:•a ' e. .". .. . . .1. 1999,06lz9, I Signature I • Solicitor for Transferor(s)1 have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to C determine that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and z belief,this transfer does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature Name and WILLIAM O. HEROLD, Q.C. v , M D E Address of p0 Centre Street. -� 1999 06 z9 0 Solicitor St. omas. Ontario N5R 2Z9 Signature I t ' (14)Solicitor for Transferee(s)I have investigated the title to this land and to abusing land where relevant and I am satisfied that the title records adz reveal no contravention as set out in subclause 50(22)(c)(i)of the Planning Act and that to the best of my knowledge and belief this transfer o'p y i does not contravene section 50 of the Planning Act.I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good standing. SII,- 'GARY D. WILSON .it n. yo= Name and PENSA & ASSOCIATES Date of Signature , e Address of Barristers & Solicitors Y M o Qr-,t Solicitor P.O. Box 816, Station B 1999 06i30 r a London, Ontario N6A 4Z3 • Signature [(15) Assessment Roll Number .Cty. Mum! Map Sub. Par. III Fees and Tint Property 34 01 002 001 20400 _'r Z Registration Fee (16)Municipal Address of Property (17)Document Prepared by: O 8 Robinson Street WILLIAM O. HEROLD, Q.C. ILI • Land Transfer Tax Port-.BurweIl,Ontario Barrister & Solicitor o NOJ 1T0 130 Centre Street U. St. Thomas, Ontario 0 N5R 2Z9 o O ' Total DYE 6 DURHAM CO.INC—Form No.99 OntarProvince Schedule Amended NOV.1992 io ^. Ontario Form 5—Land Registration Reform Act 2 Page (Additional Property Identifier(s)and/or Other Information • SCHEDULE FOR LEGAL DESCRIPTION Municipality of Bayham, formerly Village of Port Burwell, County pf Elgin, being Part of Lot 8, east of Robinson Street as shown on Registered Plan 12, described as follows: COMMENCING at the South-east angle of the said lot; THENCE Westerly along its southerly limit 35 feet; THENCE Northerly parallel with the Easterly limit 66 feet; THENCE Easterly along the northerly limit 35 feet; THENCE Southerly along the easterly limit 66 feet to the place of beginning. TOGETHER WITH a right-of-way over that part of the said lot described as follows: COMMENCING at the north west angle of the said lot; THENCE easterly along the Northerly limit 95 feet; THENCE southerly parallel with the westerly limit 10 feet; THENCE easterly parallel with the northerly limit 35 feet to the westerly limit of the above described premises; THENCE southerly along that limit 8 feet; THENCE westerly parallel with the northerly limit 43 feet; THENCE northerly parallel with the westerly limit 10 feet; THENCE westerly parallel with the northerly limit 87 feet; THENCE northerly along the westerly limit 8 feet to the place of beginning. Being the lands described in Instrument Number 150154. • U- 00o Omo \uni 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 10, 2018 From Paul Riley, CPT Project 3404 - 697 No cc William Pol, IBI Group Subject Carolyn Baker-Zoning By-law Amendment Application - Part Lot 8 East of Robinson St, Registered Plan 12, 8 Robinson Street 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by Carolyn Baker, for the property located at 8 Robinson Street east side, south of Brock Street, in the village of Port Burwell. The applicant is requesting a zoning by-law amendment to change the zoning regulations on 222 m2 (2,390 ft2) of land in the Village Residential (R1) zone to a site-specific Village Residential (R1- XX) Zone in Zoning By-law Z456-2003. The change is to permit the reconstruction of a single detached dwelling reoriented on the lot; with a lot area of 222 m2 (2,390 ft2); with zero lot frontage; with a building lot coverage of 38%; with a rear yard depth of 2.5 m (8 feet); and with a side yard depth of 1.0 m (3.4 feet). The subject lands are designated as Residential and Hazard Land on Schedule "D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham. The lands are currently zoned R1 and LPRCA Regulation Limit on Schedule "I" Port Burwell in Zoning By-law Z456-2003. 2. The property comprises a single family dwelling with a floor area of 77 m2 (832 ft2) and a shed with a floor area of 6.7 m2 (72 ft2). The dwelling is in a state of disrepair, is not straight on the lot and has a patio encroaching onto the abutting property. It is located in the village of Port Burwell and is adequately serviced with public water and sewer services. Robinson Street is accessed via right-of-way Instrument Number 150154, there is no lot frontage on Robinson Street. Robinson Street is an opened public road maintained year-round. The lot has a depth of 20 m (67 feet) and a width of 10.6 m (35 feet). The Lake Erie shoreline top-of-bank is located at the south boundary. Surrounding land uses are residential. 3. Official Plan Section 8.4.2.1 states that lands where existing land uses do not satisfy all the policies set out in the plan may be zoned in the Zoning By-law in accordance with their present use, provided the zone change meets the following criteria: a) the zoning will not allow any change of use which will be detrimental to adjacent complying uses; IBI Group is a group of firms providing professional services and is affiliated with 181 Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 10,2018 Surrounding uses are residential and residential use is continued. A new dwelling is not considered detrimental to adjacent uses. b) the use does not constitute a danger or a nuisance to surrounding uses by the traffic, noise, odours, dust or visual impact which the use may generate; Residential use is continued on the lands and no danger or nuisance is created by the zone change. c) where the use is discontinued, rezoning may only take place if the new use is more compatible with or is in accordance with the policies and the spirit and intent of this Plan. The residential use is continued and the change is more compatible based on increased side and rear yard depths. Based on the continued residential land use, no danger or nuisance created and being more compatible with increased side and rear yard depths, the zone change is consistent with the Official Plan. 4. The subject parcel is located in the Hazard Lands overlay on Schedule D of the Official Plan. Section 6.1 Hazard Lands Designation applies to areas which exhibit or potentially exhibit a hazardous condition as a result of their susceptibility to flooding, erosion, dynamic beach hazards, etc. Section 6.1.2 states that buildings are permitted provided that approval is obtained from the Conservation Authority. Section 6.1.8.3 indicates that buildings and structures may be permitted on the Lake Erie Shoreline where the erection of buildings is approved by the Conservation Authority. The applicant has provided written approval for the new dwelling from the Long Point Region Conservation Authority which is consistent with the Official Plan. 5. Zoning By-law Section 10.1 Village Residential (R1) Permitted Uses lists single detached dwelling as a permitted use. The proposed zone change is to permit the reconstruction and reorientation of the dwelling. The change from R1 to a site- specific R1 is necessary due to the extent of the reduced lot area, lot frontage, lot coverage and lot setbacks, outlined in the following paragraphs: Lot Area The subject parcel has a lot area of 222 m2 where 800 m2 is the required minimum. The zone change will permit reduced lot area. Generally, minimum lot area is intended to ensure the lot can adequately accommodate municipal services as well as the dwelling, parking and amenity area. The dwelling is adequately serviced with municipal water and sewer services, and the parking and amenity area on the north side of the property is unaffected. The change will allow for the continued use of an existing lot with municipal services. IBI GROUP MEMORANDUM 3 Municipality of Bayham—September 10,2018 Lot Frontage The subject parcel has no frontage on Robinson Street where the required minimum is 20.0 m (65 feet). The lands access Robinson Street via Right-of- Way instrument number 150154 from the driveway located at 10 Robinson Street, 12 Robinson Street and 6 Robinson Street. Lot frontage provides access for municipal water and sewer services. There are existing water and sewer services to the subject parcel. The lack of frontage has been long-established and there are no practical ways to acquire frontage based on the surrounding lot configuration, therefore, the continued use of the lands via the established right- of-way for residential purposes is appropriate. Lot Coverage The subject parcel has an existing lot coverage of 38%where 30% is the permitted maximum. The dwelling is located on a small lot and the proposed dwelling maintains the existing lot coverage. It would not be practical to build a new dwelling any smaller that would meet the lot coverage requirement. Therefore, permitting a maximum lot coverage of 38% on a small lot allows for the practical continuation of the residential use. Rear and Side Yard Depth The existing rear yard depth is 1.5 m where 7.0 m is the permitted minimum. The proposed building location improves the rear yard depth by 1.0 m to 2.5 m. Permitting a new dwelling with reduced rear yard depth allows for continued use of the lands. Written correspondence was received from the neighbour at 2 Robinson Street. They requested that a setback of at least four feet is maintained from their parcel to the south. The proposed setback exceeds their request. The existing side yard setbacks are 1.7 m and 0.5 m where 1.25 m and 3.0 m are the required minimum. The reorientation of the dwelling improves the eastern setback from 0.5 m to 1.0 m. The zone change permits an improved building location. Permitting the replacement and reorientation of the dwelling in a state of disrepair keeps the parcel, with access to municipal water and sewer services, viable for the future. It makes sense to permit existing reduced lot area, lack of lot frontage with the existence of a right-of-way to a public road and increased building lot coverage, in combination with improved side and rear yard depths, to allow for the continued use of the lands. IBI GROUP MEMORANDUM 4 Municipality of Bayham—September 10,2018 6. Based on our review of this application we have no objection to Council approval of the requested zoning by-law amendment from a Village Residential (R1) zone to a site-specific Village Residential (R1-XX) Zone in order to permit the reconstruction and reorientation of the single detached dwelling;to permit a minimum lot area of 222 m2; to permit zero lot frontage; to permit a maximum lot coverage of 38%; to permit a minimum rear yard depth of 2.5 m; and to permit a minimum side yard depth of 1.0 m. CZ/We • IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham 42-1250 Marlborough Court Oakville,ON.L6H 2W7 DECE I V E August 24,2018 AUU 2 9 2018 MUNICIPALITY UAYHAM Margaret Underhill. Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line Straffordville,ON,NOJ 1Y0 Dear Planning Coordinator: Subject: Proposed Zoning By-Law Amendment-8 Robinson Street As the owners of 2 Robinson Street,we are writing in regards to the proposed zoning by-law amendment for 8 Robinson Street. As shown on the sketch sent with the notice for a public meeting,the entire lake facing side of 8 Robinson Street borders on our property. The dwelling at 8 Robinson Street has a deck that extends along its entire lake-side. This deck extends onto our property on the far left side(as you face the lake) and for most of its length is less than 4 feet from our property line. We would like to request that any amendment to the by-law that is passed requires that any dwelling or other building at 8 Robinson Street is a least four feet from our property line in all cases and that the owner be required to provide a survey by a registered land surveyor as proof that this requirement has been met. Yours faithfully, Robert Griesbach and Chris Anton-Griesbach THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z679-2018 BAKER 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 Section 10.12 Exception — Village Residential (R1) Zone by adding the following clauses: 10.12.12.1 Defined Area R1-12 as shown on Schedule "I" Port Burwell to this By-law. 10.12.12.2 Minimum Lot Area 222 m2 10.12.12.3 Minimum Lot Frontage 0.0 m; A private right-of-way providing vehicular access to Robinson Street is required. 10.12.12.4 Maximum Building Coverage 38% 10.12.12.5 Minimum Side Yard Width East property line 1.0 m; west property Line 1.6 m 10.12.12.4 Minimum Rear Yard Depth 2.4 m 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "I" Port Burwell by changing the zoning symbol on the lands from Village Residential (R1) to site-specific Village Residential (R1-12) Zone, which lands are outlined in heavy solid lines and marked R1-12 on Schedule "I" Port Burwell to this By- law, which schedule is attached to and forms part of this By-law. 3) 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 Local Planning Appeal Tribunal. READ A FIRST AND SECOND TIME THIS 20th DAY OF SEPTEMBER 2018. READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK l'''''''''''': '''..,,,,„,,,,,,,,,,,..7.4, y G SEE SCHEDULE A-N1AP No.14 H L 0 SEE SCr EDULE R-".i No.13 g �� t N O' 1 I � f r ,,,,,,, , n''''''''''''...."''..,‘„ 1 . T 41 ,,,,'.5 I .�J C' v . Jt, e a s '*,...� Imo' A,[ 'yc" _ s 1 i SEE INSET MAP ` 1 . 1 i tis. 1 INSET MAP 44 .«-fir,,,. k. i r F IIA.Nti4IIST "*', 1 4ThR1OU,f ..._ ::. "' 1 *2 R1—�2 i HELLIA<TOYST '%, --j� i r I. I ti 7 �� .�,/ `s.'::.',.-,,,-- ;. This is Schedule"I"to By-law Y 1 , c ' ,< No.Z679-2018, passed the 1 i -'N'',,,,4,,. day of ,2018 .. i i y ,, pr,, i i Mayor Clerk MUNICIPALITY OF BAYHAM L-eaend, - SCHEDULE I 0 Z8L.. NORTH PORT BURWELL LAR AReg la£ionLimit G 100 200 600 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 m ) ) REPORT o� o��� DEVELOPMENT SERVICES poi'tunity Is TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 20, 2018 REPORT: DS-54/18 FILE NO. C-07/ D13.GALE Roll # 3401-004-001-19320 SUBJECT: Rezoning Application—Gale Zoning By-law Z680-2018 BACKGROUND: Dion Gale has submitted a rezoning application to rezone his property located on the east side of Union Street, south side Ann Street, known as 27 Ann Street. The lands are designated Residential on Schedule "C" Vienna: Land Use and Constraints. The property is zoned Village Residential (R2) on Schedule "H" Vienna in Zoning By-law Z456-2003. As required by the Planning Act, the Notice of Public Meeting was circulated to agencies and the neighbouring properties within the 120 metres. A public meeting was held September 6, 2018 with the Appointed Agent attending. No verbal and one on-line comment was received from the Owner of 39 Union Street in support of the zone change. At the time of writing this report no additional applicant or public comments were received. PURPOSE & EFFECT The purpose of this By-law is to change the zoning on a 2,266 m2 (0.5 acres) parcel of land from a Village Residential (R2)Zone to the Village Residential (R1)to permit a single detached dwelling use on the lands in Zoning By-law Z456-2003. The subject lands are located at 27 Ann Street, south side, at the corner of Union Street, in the Village of Vienna. The effect of this By-law will be to allow a single detached dwelling to be constructed in a residential area currently intended for a higher density residential use. DISCUSSION: The rezoning will permit a single detached dwelling on the lands as the current zoning prohibits single detached dwellings. The planner's memorandum dated September 6, 2018 discusses the Official Plan and Zoning By-law sections to be addressed. Staff and planner support the zoning by-law amendment and recommend approval. DS-54/18 Gale 2 ATTACHMENTS 1. Zoning By-law Amendment Application 2. IBI Memorandum dated September 6, 2018 3. Draft Zoning By-law Z680-2018 RECOMMENDATION THAT Staff Report DS-54/18 regarding the Zoning By-law Amendment for Gale 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 September 6, 2018 associated with this application, no verbal and one written submission was received and that all considerations regarding this matter 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 from Village Residential (R2) to Village Residential (R1) on property identified as 27 Ann Street, Vienna; AND THAT Zoning By-law Z680-2018 be presented to Council for enactment; Respectfully Submitted by: Reviewed by: Margar-t nderhill Paul Shipway Deputy Clerk�Planning Coordinator CAOICIerk $011.44 MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 �� C ��� Straffordville, ON NOJ 1Y0 , , P"uniity WO Phone(519)866-5521 - Fax(519) 866-3884 g x_ TSP p�r,!prir. 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, Dion Gale 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. Dion Gale Property Owner Property Owner FOR OFFICE USE ONLY ozr DATE RECEIVED: /76e9 7AF AMOUNT RECEIVED: &CO° DEEMED COMPLETE: 4//7//(r. RECEIPT# : 0 a Yo 365 , FILE NO1731/5 . L DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): Dion Gale Address: 2072 Bridge Rd,Oakville, ON L6L 2E9 Phone No. (Home): 1-416-768-4331 Business: Fax: Email: dion_gale@outlook.com 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. not applicable 2. Applicant/Authorized Agent: Tracey Davies Address: 6926 Richmond Road, Bayham N5H 2R5 Phone No.: 519-671-6918 Fax: E-mail: tracey@traceydavies.ca Please specify to whom all communications should be sent: Registered Owner ( x ) Applicant/Authorized Agent ( x) 3. Legal Description of the land for which the amendment is requested Roll # 34 010 040 011 932 0 Concession: Lot: 15, 16,17 Plan 54 and Pt lot 14 Plan 54 Reference Plan No: 11R3126 Parts 1 &2 Part Lot: c7 Street and Municipal Address No.: ,22 Ann St Vienna What is the size of property which is subject to this Application? Area: 2266.24 m2 Frontage: 28.29 m Depth: 64.48 m When were the subject lands purchased by the current owner? July 25,2018 Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: Residential How does the application conform to the Official Plan? The request for single family residential zoning complies with the official plan designation of residential 5. Existing Zoning By-law Classification: Village Residential R2 What are the current uses of the subject lands? Vacant Lot If known, provide the length of time these uses have continued on this property. No known other use.Was part of a reference plan 11R3126 registered on July 3, 1987 This property was owned by Steven Joseph Nagy as of April 20, 1999 with a$2 transfer This property was registered as a sale to R&M Thompson Holdings with a July 16,2010 transfer 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 no buildings If known, provide the dates in which each of these buildings were constructed. not applicable 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. Section 11 -Village Residential(R2)Zone Regulations to be changed to Section 10-Village Residential(R1)Zone Regulations. Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? The present zoning permits a minimum density of triplex home.The proposed zoning permits a maximum of duplex home. The owner intends to build a single family home. The home will be his principle residence. 8. Does the proposed Zoning By-law amendment implement a growth boundary No 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? 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) The proposed improvement is a bungalow style 1100 sq.ft.single family home with an attached garage 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 Residence 8m 6m 42m 1 storey 8m x 14m 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 J' Proposed Municipal Piped Water Supply ( V I Cahr'/ cf 'r) ifiri or Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ( `� "a,/46/e. . al 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: Existing Drainage in Vienna 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. no 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? The zone amendment is consistent with section 1.0 Building Strong Healthy Communities by promoting a)efficient developr and land use patterns which sustain the financial well being of the province and municipalities over the long term. I here are newer single family homes across the street from the subject property.b)accomodating an appropriate range and mix of east, and single family residential to the north and west.c)avoiding development which may cause environmental, health,o safety concerns.The subject is in a residential development with no concerns.d)avoiding land us patterns that would preve efficient expansion of settlement areas.The subject is an existing lot within a settlement area and does not infringe on any settlement boundaries.The zone amendment is consistent with section 1.1.3 Settlement areas regarding section 1.1.3.1, -:- --. - . - - - - : . :. - -- - • - _ : - : :- . . : -.The subject is a vacant lot suitable for residential development within an established settlement area. 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 Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwellin• • ease provide the following information: Date surplus farm dwelling was erected: n/a Please provide the assessment roll number, location, - .• zoning of the farm parcel with which the subject lands are being consolidated. Roll # 34 - 01 - 911 Address: Zoning Classification: I/We Dion Gale , of the City Name _f.c \AI /Townstip!C ity ilL,,2j of Oakville , in the County of Halton , do solemnly declare: lity NaFfle 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 Tracey Davies to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s): --2)7A An tamake 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". DECLARED BEFORE ME at the: L / '1(17/C' fie'/ of 4,6 r k/n Owner/Agent in the County/Region of L �� this i day of a,y- 20 / . • !'�Ic:c e wner/Agent /; ://7 MARGARET UNDERHILL,a Colatutanelb !tal A Commissioner, etc. Deputy Clerk of the Corporation of the Municipality of Bayham. Municipality of Bayham Zoning By-Law Amendment Application Page 9 .492Z 4r/r) S*I Vie.-nniSL ammmimiummiii34 010iii0 iii9320mmiarnamiaNm SUS\je.k.1 (5).:erTte.,4-ej t.,(\ -11.-x_cilal not to scale - visual aid only CC,M)erS lC NS -40 Mek C(;_. N Aoo_ Di , r. ,.-. r- \ ! 1 I , osg,. ',',::,•3s. . i 1 . ..}- , I l ty)2- 'i r: 2 ,5 1:. •4*-,i ,C6 i .. j ts° 00 ' (--Ct. - . Lr ----- / (7) \ I r i . i1 -• i I I 1 I I ( i . . ! cc 01 , 1 , s...._, , ! 471.? .0qrn (13 F. 7 cr) 4 m It----1 ..„ ...s, , C2 C2.2 " - -,- : / ; LL......R1(h2 . ., , . - 0S1 1.,... 87 OS2 _t - . , Ri I , . R1(h2) i , „„, 0 - '..... ..' , 052-2 IC2 RI — i .....- ; OS,24 i I. , sr 11 ‘ R1(h2)-- , _, _. PM 1 1 ' A. --- , .- f.-.. C I C2 - R I RI r f,. R1 ... Cl f -6, ...0 , ... ....r\114(1. RI ' * RI(h2) 052 . ,.. RI , ,---Ri(hith4) 411 "/41/ -'- SEE SCHEDULE A- MAP No 1/ .....„,,,.. .-EE SCHEDULE. A . MAP Ne 14 K.....!4* ' --_, OS1-12 , ! ... . . 1 F BAYHAM Legend . . 2ONSOLIDATED MARCH 17. 2017 • .. _--- _�.) PART LOT SCHEDULE ) REQUIRE THIS PLAN TO RE PLAN I I R-3!2.L I ,1.° f ; ew INSTRUMENT AREA DEPOSITED UNDER THE REGISTRY I s': r, -- xe>e. �� \ I I66,7,ffig;,'E7(t, }+.. 54 2773:8 0.26 Ac. RECEIVED AND DEPOSITED 6,ne Y 2 41aO6',i,c�6 66y� 54 277398 0.28 Ac. ACT. DATE: TULy 3. 1967 I Jt. �a0_�_�:i { ISI`66p0• WIDE) II¢'� '�� �, 3 R61�vo1'OP ¢IT CP USI 6i S4 277398 O.:DAC. ♦ ., \ ` rep'M OF ruing,,V„ 54 277398 0.22 Ac. DATE: JULY 3. 1987 r A ��/� ISS'WIDE) eL v' 16� „�� \, If+T `1 4 eni muo sc 6`i6Tsoi worn ���// ��I�f"v-” _,_ ^—I +m `04 ah` 6=/ ,+(0 r;; D ..omen mwo.OF rw.169 6rKeT '54 277398 0.23 Ac. / /VI`�/.T6N + `O'69 DO 1 r{MORT4MFULTOH STIEFT• 54 277398 0.24 AC y ,v �''' 6 + ol.A: e SY IIOmx a LAND REGISTRAR °F • I.,11.6 , O �x auc,ax 6c.6nsi'or wax V. A {},A • I. • ,a.o11 Y 1 \" LQT YE/ , �:" ../..... .- .,- FOR h1E REGISTRY I < BRIAN VAUGHAN DIVISION OF ELGIN (II) \ I \V I �/ 1 5 \ I_U 3 \.O 7-7.598 a L <V _' \-U' CAUTION: THIS PLAN IS NOT A PLAN OF SUBDIVISION WITHIN Nc.�y = \---------- , r�,1 1- , THE MEANING OF THE PLANNING ACT, IXST a(3- I_ M 5 � E \- \ L L) //�^ N PLAN OF SURVEY -� c.` I) Is+ t L \ I„I 4 L F 6� ,. _ LOTS 9.10 LOT LIRE I_I IL; ...4:-. NvyT73g8 « I + NORTH OF EUSTON STREET M v 6 x,. ii \-- \4 \ \_C , AND OF .N„o,.6D° -77390 cZ)ti /� 1 LOTS EST OF PtNESTREET,I'S,16 NORTH a 17 1ONN STREET a EAST OF.NEJM sI RGr o, ¢ REGISTERED PLAN 54 \ ,„ VILLAGE OF VIENNA 5 _\_,.-----2- . �_ ' ��'�~ _ \ 3 W E COUNTY OFBR ELAN GIN ClI.. I i + E `I_1• -77396 c ._ \_() I t 1 ONTARIO LOAD SURVEYOR Z /�-` \FIST'N°. 2 %,7J 198 7 •_ N i-+- ,...._____A--,P T %.T+ z \-L /�SO/' 6 r\ ` v'x ,oT�1Y !¢¢� Lwy SCALE 1'. 50' or Ha 2 39 \/{ .m 1\___,* `I•`,d.¢o , 'OMI! LOT LINE • ,NST. y _- V , , \ �� 1 /l.. `• \'L� { .. .;J ,�nm S NOTES: m O l -' +AT " E ARE UN N STREET ARD ARL REFERRED REF TD THE ,.....!--- g- xe �+ \;•r7 VI. « e v \� \ �1.. % EASTERLY LIMIT OF UNON STREET AS SHOWN ON REFERENCE PLAN Nv. �' +" �1�i 1\r_ 3 IIR-28 T2,HAYING A BEARING OF NO°54'40"E. T ii P INS.' +6D.{T. •n y,- i I Ux-6 ,Y\ `F I_ Cl k + 4 • 60.00' a r... ' �°�r o ! " *..\ 11. ' ■DEMOTES SURVEY YONUYEYT FOUND 4�0 yl,,..,,,,,t60:-.,. {°Op 60).•� J\ « y98 O G 0 DENOTE• SURVEY MOYYEMT SET { yT, 01 .1 .F n \ { 1 , S.L.. L.I"..•LOM.IESY SURVEY..E. C I/I ,-.0 - R.1.•. DENOTES{/{•DIA.•l."MI IRON{WIVES RAR ...!..1---;&----A , T g98 9Cy �p 2 01 \� r L•. 0111101.••VW.•EF6•EE'LONG IR.SURVEY WE aaF V " l METES O.L x0.11.011 o.L.s. cOT WIC +NST' ✓ "X BU+L•IR ;`� O \ ( 111//// ■c.N. DENOTES CONCRETE MONUM[MT, MINISTRY Of 1 F Y� ,� R A� ••••." 0 ,\ _ I �' �J. , / TRANSPORTATION AMO EDYYVNICATIONf MATO —Q', " 3+0 Z �+ .-- I 1�' WIT. DENOTES WITNESS. _ _ •:,..,e°46'6"¢ .Lr a `� - \,�� SURVEYOR'S CERTIFICATE r x es 1 4:.71:".I. hJ )-{06 t o'.;\- a,= F 'Y \---"i I HEREBY CERTIFY THAT: - (- 01 ' -� . .. �iD z 1P� , ------ I._ t,v A ......... ___.---- I. THIS 3YRVCY AND PIAN ARE CORRECT AND IN ACCORDANCE I_Ll.I 5 I i 6..-�,\"I 2�T 39s A p ..,.......3,- \------ .7_,' — l OP-' WITH TX! SURVEYS ACT AMD TN[ BENINTRY ACS AND J + ` Ne 97 a �, (�Li�11�'` /A THE RESULATIONS MA DC THEREUNDER. O P� I XI6 T'+ +! +•6''e •MELS. _/' 1 _ 1 2. THE SURVEY WAS COMPLETED ON THE IIII. DAY OF O 6x%• W _ i' �,/' , JUNE,1987. Ix E 11 f1.. THOMAS, OMT.. BRIAN VAUGHAN YNk_NRV�:IR-:: ` v.1ee'*4)y-1 t , JUNE 16,1987. ONTARIO LAND SURVEYOR .®M1° ,=U I-T �, �\ i I f c" \ BRIAN VAUGHAN _�� 1 \ ONTARIO LAND SURVEYORS 1. WOENIHO IIR-118 1 i�"� . L.S. PO. BOX 6, ST. THOMAS. ONT. �_I I \ ' 0.I FILE:96-339 PH.1531-5057 T •D TAANNIAN IBI GROUP I203-350 Oxford Street West BLondon ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date September 6, 2018 From Paul Riley, CPT Project No 3404—698 cc William Pol, 161 Group Subject Dion Gale-Application for Zoning By-law Amendment- Part Lot 14 and Lot 15, 16, 17 Plan 54, Part 1 &2 Reference Plan 11R3126, 27 Ann Street, Vienna 1. We have completed our review of an application for a Zoning By-law amendment, submitted by Dion Gale, for a property located at 27 Ann Street, east side, on the corner of Union Street in the village of Vienna. The applicant is requesting a zoning by-law amendment for 2,266 m2 (0.5 acres) of land to change from a Village Residential (R2) Zone to a Village Residential (R1) Zone to permit a single detached dwelling on the lands, single detached dwellings are not permitted in the R2 zone. The subject lands are designated"Residential"on Schedule"C" Vienna: Land Use and Constraints of the Official Plan. The lands are currently zoned Village Residential (R2)on Schedule"H"Vienna in Zoning By-law Z456-2003. 2. The parcel has a lot area of 2,266 m2(0.5 acres), lot frontage of 28 m (92.8 feet)and lot depth of 64 m (211 feet). The lands are vacant, have frontage along municipal roadways maintained year-round and can connect to full municipal water and sewage services. The proposed single detached dwelling is one storey in height with a floor area of 112 m2 (1,205 ft2). Surrounding land uses are institutional to the east and residential to the north, south and west. The institutional to the east comprises a ball field, playground, open space and the Vienna Community Centre. 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. Section 1.1.3.2 and 1.1.3.3 indicate that intensification is promoted where infrastructure exists within a settlement area. The lands are vacant and municipal water and sewage services are available. Therefore the proposed is consistent with the PPS based on promoting growth and intensification where infrastructure exists in a settlement area. 4. Section C1.1 of the Elgin County Official Plan sets out objectives for residential areas within settlement areas. Section C1.1.1 includes objectives for residential areas in settlement areas including the promotion of the efficient use of existing and planned infrastructure and promoting the efficient use of existing infrastructure. Section C1.3.2 indicates that the County supports residential intensification within settlement areas, where an appropriate level of services is available. The subject lands are intended for residential use, are underutilized and have access to existing municipal water and sewage services. The proposed development is consistent with the County Official Plan insomuch as infilling on vacant lands in an area with access to existing infrastructure is promoted and encouraged. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 7,2018 5. Municipality of Bayham Official Plan Section 4.5 sets out the policies for Villages. Single detached dwelling is permitted in the Residential designation. Section 4.2.2.1 indicates that the Municipality supports residential intensification by filling in vacant areas. Section 4.2.4.1 encourages intensification within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Based on the above sections the proposed development is consistent with the Official Plan. 6. The Municipality of Bayham Zoning By-law Section 10 Village Residential (R1) and Section 11 Village Residential (R2) sets out the zoning requirements residential use in settlement areas. The R2 zone does not permit single detached dwellings, the R2 zone being intended for higher density dwellings. The lands have remained vacant for several decades and there is minimal growth pressures in Vienna. Lands zoned R2 to the south and southeast, being 32 and 36 Fulton Street, are developed and provide higher density housing options in Vienna. The R1 zone permits single detached dwellings. The proposed lot configuration meets the minimum lot area and minimum lot frontage requirements and the proposed dwelling can accommodate building coverage and setback requirements of the R1 zone. Therefore, the proposed use is in compliance with the regulations of the Zoning By-law. 7. Based on our review of this application we have no objection to Council approval of the requested zoning by-law amendment from a R2 zone to a R1 Zone. [paid � IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z680-2018 GALE 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 "H" Vienna by changing the zoning symbol on the lands from Village Residential (R2) to Village Residential (R1) Zone, which lands are outlined in heavy solid lines and marked R1 on Schedule "H" Vienna to this By-law, which schedule is attached to and forms part of this By-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 Local Planning Appeal Tribunal. READ A FIRST AND SECOND TIME THIS 20th DAY OF SEPTEMBER 2018. READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK SEE SCHEDULE A-MAP No.11 ` o / - i ro — 1 `i I I ii i \r 1 II 1 /-- —1 I ILL1t�E. 1, — -- __ / 1 i ,,` I r I i r i 1: { f Ita . l ! -._ ,-.CHESTN-ST 1\``_ .�` ! I ,_...)_ I ' I i 1 A�usr 'i \ z i /, _ p y •yA { { f _R1 "+ '' • y ' • 1, Jl I _ J ,•\t , C00TELIN. SEE SCHEDULEA-MAP No.11 o ;, o / t + if (r w ; = 1.4 t41,4-. SEE SCHEDULE A-MAP No.11 1' Thr ( ','\•rNc This is Schedule"H"to By-law 9 41'FI No.Z680-2018, passed the y 4',rT \, day of ,2018 SEE SCHEDULE A-MAP No.14 _, Mayor Clerk MUNICIPALITY OF BAYHAM Legend A. SCHEDULE H 0 ZBLA NORTH VIENNA 1=' LPRCA Regulation Limit 0 100 200 400 m.U.. ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 , REPORT K "� DEVELOPMENT SERVICES uj'tunity Is• •LOVI TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 20, 2018 REPORT: DS-55/18 FILE NO. C-07/ D10.GENU Roil # 3401-000-006-17901 SUBJECT: Application for Amendment to Site Plan Agreement— By-law 2018-086 BACKGROUND: JT Lonestar Holdings Inc., subsidiary Genuine Transportation, has applied to amend the site plan agreement originally approved on by Council November 4, 2004 for the property known as 14769 Bayham Drive. At this time, Genuine Transportation is looking to expand the warehouse on the premises and wish to construct a 916.64 m2 (9866.6 sq. ft.) addition to the existing 929.03 m2 (10,000 sq. ft.) building. The overall building size once construction is complete will be 1845.67 m2 (19,866.6 sq. ft.) DISCUSSION: The original site plan agreement was executed in November 2004 and registered on title to the property in December 2004. In order for the new construction to be approved for permit, the site plan agreement approved by By-law 2004-095 must be amended by removing and replacing the site plan drawing Schedule "B" with a revised drawing showing the proposed new construction for the site. Staff support the amendment to the site plan agreement and present the by-law to remove the original Schedule "B" and replace with the revised Schedule "A" for enactment. ATTACHMENTS 1. Application for Amendment to Site Plan Agreement 2. Draft By-law 2018-086 with Schedule "A" attached DS-55/18 Genuine 2 RECOMMENDATION THAT Staff Report DS-55/18 regarding the Site Plan Agreement with JT Lonestar Holdings Inc. and Genuine Transportation be received for information; AND THAT By-law 2018-086 be presented to Council for enactment; Respectfully Submitted by: Reviewed by:i , Margaret nderhill P. - i Deputy Clerkplanning Coordinator CAOICIerk 44 E A _ . FILE No. ��/� — 03 /874 ill%; f, 9 llca DATE REC'D: 9.4( <g DATE APPLICATIO CONSIDERED I5Yua _ COMPLETE: t II _z t a€ L Yea t` f iead§�E FEE RECEIVED: 2, 3 c2O ;WO d (MO MUNICIPALITY OF BAYHAM *MO /4(49' /7/F APPLICATION FOR AMENDMENT TO SITE PLAN AGREEMENT The undersigned hereby request the Municipality of Bayham to consider an amendment to a Site Plan Agreement. This application is accompanied by a fee of$500 ($250 fee + $250 deposit) cash or cheque made payable to the Municipality of Bayham. 1. BACKGROUND INFORMATION a) Applicant's Name 1-0/Nen-w-- 1-1-v )f (19.S. I1r1 C_ Applicant's Mailing Address ilbq ) Phone # S19 CS8-t1538 Fax: Email: ,: o1-\ Tnv;,\ �dun, ficn ✓n b) Registered Owner (if other than applicant) nus i€ CN sps`1-al O1 Owner's Address 147( 6.Ly „ (fir t (66411E:9G ON 'f WC-i Phone # 5(✓r -6'0-I85 Fax: Email:john€5Qnu,,-44c0?(>0"-t c) Location of Subject Land ROLL# 3401- 0'-(t)t✓co-t3�i O 1 Lot Number(s) ns PI a„,4 20 Plan No. or Concession it Part Number(s) Reference Plan 911 Address (if any) 14769 The subject land is located on the LJe " side of Gcyhc-tN.. {r between Tek b0-4 -+' and PcesSe ne • 2. Identification of details of the original Site Plan Agreement i) Approved by Bayham By-law# a0J`it oc(S on c. i - Gti Lf- 49m.74 i 0/// Application -Amendment to a Site Plan Agreement ii) Registered as # CT LtC(I " 7S on Dec 3. Indicate the Section(s) of original Site Plan Agreement to be amended: 4-C) ccc grope 3-ed Cw MM( on 4. State the details of the Amendment: ZDV G� TrAv.k f ica cec c5-F ISt5 627 in 5. Explain the reason for the Amendment to the original Site Plan Agreement:a 6. Required Attachments 1. Original Site Plan Agreement 2. Revised Site Plan Drawing. 3. Revised Lot Grading and Landscape Plan (if applicable) 4. Other items as required by the Municipality 2 Application - Amendment to a Site Plan Agreement Dated thisag4k day of !',,) i1,5+ , 20 a ignature o Owner Agent igna - . owner/Agent I/We, iqleK Ara //1 ' of the 7A't7 of /7 //506./ in the (_..TJl( 7)4/ of c1x d ** Next section to be completed and signed in the presence of a Commissioner DO SOLEMNLY DECLARE THAT: All of the statements contained in this application to amend are 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. DECLARED before me at the /f/ gi/CteeP of /�x y41'I in the 64//* of thisay ofC20 go_ ' j Signature of Owner Agent A Commissioner, Etc. Signature of Owner/Agent MARGARET UNDERHILL,a Connalaslanori eta Deputy Clerk of the Corporation of the Municipality of Bayham. 3 R to U } 5 P R. T Ps ' J N 14769 Bayham Drive TEL#(519) 6881888 Tillsonburg, ON N4G 4G8 FL,' i FAX#(519) 6881889 l;�s To Whom It May Concern: AIR 3=A e`' Re Property I John Wiebe president of Genuine Transportation do confirm that JT Lonestar is the same owners as Genuine transportation Inc. Both company's are Owned by John and Tina Wiebe. I would also like to authorize Braunz Construction to have the authority to obtain any permits that are required for any new construction. Sincerely, John Wiebe President nrau n Z (an siruc>iai,) kr graa�� bra u z covi5./ruck/on . Com ce// 3-/9 67iY 9 -/ F6---- w nnR s.o°v xu<xuxorr,.mrt \ ;+ ,V ds"°x''' TOPOGRAPHIC SURVEY '• ""A PART OF LOTS 19 AND 20 '\\ F CONCESSION 11 °''"" - \ `$. GEOGRAPHIC TOWNSHIP OF H4Y/IM/ .17 ti I ee�i1x,H w u..>°„e,.,u0..°o•w°s0. — ++ m ." '.` MUNICIPALITY OF r 1t'I I -ia >,- `",00 -- ------=-.e[«4[,wx.x. ''\l >\, BAYHAM rr4: / _ BOUNTY OF ELGIN a I °11LN1 o J ++'�\� �c,'°a (PART 7, 77R-8922) o,4' a 'B �\ ,a ° ACTUAL NORTH STORM COMM..ivx"i 9929 r ' ¢Q % \ SCALE is 400 o¢,wms sxmx ax,xx.uv cw METRIC "m �.wv.an" 1,4', ' °/'' ¢++& .' \e'`''• u n -x«.w KIM HUSTED SURVEYING LTD. ,L .r ,a.>rox[o.x 111, ,3' L�' a'',/'‘.4'' /�9Y�'joy' \ °sVI.''' NOTES �s a,ua.,�,,, x,ar«,rx. ..xy.�"°.n» .e.„4.,-+ '�-- -- -\ .,-,,qr„� I :gin.z'.. I°" w,,.,x —..,......,,„.,—..°"m,.„....,. • lt,„."` , +a• ' �i_',\ y4\\\ oI- x.,,x.w .11.1«.1 2 • x, s -P*--- -s}6- '!� \,� y �r.�.,,.:.1— 1r .1xp......."w:w,.�, ",. „ �a...,4 ' - q /u+A') +„)" "'' + \,�• ' 9 w.mr,� nm"'" o. , ......,,..r....— n ..uu.,3o0 i' .,,,,, -;=',0,'\ \' --a- 51-Rimumun�wxxr pw[.um m„�� '/,."5‘''''.4-3 €,' -oay ,s'r -"T.'''-_'.1'.1.11. ,'' ,'.../...3--:'' .e,. _,..�' +'` . ..,x,,,.1«0..,.1.«0,451.141.004......... .. A.m°1,.1.,. PO'' �'' - �'� i S'D� +"� Q'"_tip,. % +'�-;os,� -° SURVEYOR'S CERTIFICATE Y,,,....,!--,0.',,,,,::-,-,,,---'":6.40- 4 4`e j° / ,J' ��\ \.....,04:-,' ya'' 'v"',ra ,. �rl,i� \/ �,o rl '• ''''''',,,,/ , '`\�.hQ ":3S" i, OM ..,",.41..1.5.. r, • rµ3 - ---7,..--..r„— °w.v '• ,,+ , ' ,� v v� 43N:11AU NZ .•a '- ( �"-°,;' / ' ': ' I \\ + ' CONSTRUCTION PPR " W I i�'\\e. D'• `'* ' TK SON0U0S,ONTARIO,1183 T1LLSON A046 391 \LSI y 'J l'' C �; \\ '' ++ �+' oy \ % '- 10 [FIfi21 ` f I.. , `. �,,,:e... ►�'lo. .[ V' ''fi��°'•'4' .5e� +.[`., `,.."\\\ "' ,�`� \;, ''''s- / 0..a,.. A c°",0. s I �.Lrey �f ply 1 p 1 \v,+ do \, •' �° } w' ,« ,„..,_',f4`" • ;.';y \(?,:`,-„,1, ' 2478153 ONTARIO INC. t' w \ \u`\ v41,'''' + ` 4,...' " �`,9 ,,s 212 MAIN STREET WEST P.O.BO%99 ,`� ''..y., \y� * �,' r+ \\1 \n. d pegSe':'.";+ ,▪ +r {+ GRUM.,ONTARIO NOJ IRO .. %s ^ ,>D ��i 11•519.879.607S \q\ \A.� . \, \ ✓ ' o r'` u •`4,0„../' / F•`C‘‘..0, ) • 6i „M>i fvut:dr C�`�\ + `'S "''•,�N \ •\\ 1 �aM� , � �,+0. �y-V • � •,,s0 ?.1. ru LOlvAno[xop[[pxa.0 "g+\ ' VP \\' .\\ I+; x0;aV ° , ,., .-•<. / r ,✓ ,<,•".. :•4\\ 5.x4rt..,5.......... cif+ 0.v\ \ ' I ,•9° -4' d` ..s,.<<'''. ,a ^) , fat''' \ ,�'\ , , •" ! AI +c \\ e\ ✓ ▪ .,„,,o,.. • 1� +"'•,;>''''''..,0" ' ,,,/:ate', \ • - j Y 1,\ me °" ,- r_ . +,• ,/F. \ .e•00°,.x* \‘', • o� \ t' ems. 5r.,5..0.1.e55.,50. `°+�[ \ \•;,, e. ® \ , �\ y� '+• f.'•."' cn / /' -. \\ .STORM...•l[R Nnxnp[Nc.1 x0iF5:5o�¢,erauvm,m«onwai ��\` R•r ' \\�+\\\ ' ,"`'+ % \ lxvx.:. ...a0T7:;r;."".1,:w uk,«:.1�:k: "a.'W41;1.1 ���• c , 3\ `,o\\1L1 c r 'a.++,.^ . 29�/ / \\ °w.arvm«u.9..:.1a°.1. I...n.I ..� +� \\�;\\' 1 ,+" ° '`\9 $•'c • --M�/ •. W5� C T 1,'.N.1 7 J TIT T,: W',r•�'+ +c• + Fc \ • / uP QAR1 oO ` + , 4` •/'' ,-"i•`!`s+ ware.n,w.,v ,++ '''' ` +,• ,+'' ." ' ' 4# ems°' .x«. °.i, 1 14799 BAYHAM DRIVE TLLSONBURG,ONTARIO,N4G 4G9 vos t • m ` ` {'''t°°'j/ e` GK - ""T"s'`"xI"°Ds-sisal: PROPOSED DEVELOPMENT 010 ` " a r' : %=a-''•'' / g _______/ '$ 9ART� d'y6' 6 / ,° SITE PLAN J � AR �/ , sass,0nsa f° ` 5 �x4x V / J °4wa x ......x � P \ 0.x..... L s«,.xn1x.,1.1x5 1a.a- 6321. .4. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-086 BEING A BY-LAW TO AMEND BY-LAW 2014-095 A BY-LAW TO AUTHORIZE A SITE PLAN AGREEMENT WHEREAS the Council of the Municipality of Bayham on the 4th day of November 2004 enacted By- Law 2004-095, being a by-law to authorize a site plan agreement on lands identified as 14769 Bayham Drive; AND WHEREAS the Municipality of Bayham enacted a Site Plan Control Area By-law pursuant to Section 41 of the Planning Act; AND WHEREAS Council is desirous of amending By-Law 2004-095; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule"B" of By-law 2004-095 be removed and replaced by Schedule "A" attached to and forming part of this by-law being plans showing the location of all existing and proposed buildings and structures and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required as per the site plan agreement; 2. THAT in all other respects By-Law 2004-095 is hereby confirmed and remains unchanged; 3. AND THAT this By-law and Schedule "A" be registered on title to the subject lands READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK oo.E.xE,oxx PEx.xxxo�..,x[ ..4 TOPOGRAPHIC SURVEY PART OF LOTS 19 AND 20 I $, CONCESSION 11 ., ‘,‘,...2f ,v \`+\@• GEOGRAPHIC TOWNSHIP OF BAYHAM }'y{ s> \ MUN/C/PAG/TY OF "( , *,'i ---- '7=76.1 ,>a, 1-.�,,..n.::„w, .. \ y^`"� BAYHAM j�� ''M� ,y\( COUNTY OF ELGIN ., ' . —; ---°.„� °dEyKEe.xE ^ \\ 4.‘ UAo- PART 1, 17R-8922) m n� ACTUAL NORTH o,, �'s ,.'§..„Ar 111A, o -- .+ 'Z' \\ SCALE 1:400 e,9Rx R9R.nax�,.xn ' 8929 ��t a .6104 \' METRIC k'",„ ,�[Ecr„°m�,Rw n R>o.e °E"x o.x "MN d�" \\p'U KIM HOSTED SURVEYING LTD. xm - I , o;' ��/a \\ h+ .7,70 NOTES ,q `+':�i,+°\ u9.a°% ..off\ \,.�? NOTES x.rnv.xoa, m.mxx.,M ,00x„R.,.. ,.„»,e o.x 1 'S�,,. i- _ ti,r'' Im°"°,,..n ,>. > r<s.r.Eww.m„> ,xt.t.,.w,x.....,.t.,t..AHD..,a.t.utt.. 2. ..S"‘-$0."./...a. ,d'4"...,!', r, y, +y '.! \e,C acwvw-,,..n t,!- = w.e ..xx,,,...,,��.....,,, ax,. �. ....... ' . �,µ�`�.• "..4 4.. . ''� iei; \Y\ A Mow.n� az.,nz7,o°i ME ,or',..n e...---------”. - ""---- ".....„....1„--„,„.PO' ,>4� �.yga ;. ;P%,----,._4'14,.. .„,_,e,---„- '-- +y //^ 3-';e+ \8• y,4 SURVEYOR'S CERTIFICATE \ = 4 ,�, •�'!F\LA eGw�,.,,!_ 4. ,yy 1'` +a� 2,a\, \' s' 'opo U r a^ c/`' .�� v %.*"*, Maµ1 T'° J'% `p '/`t,,'-�', ,s ,` \\ \ .? 4g yo ox,xno�.,x w.m, �. • %--"v----, n . E rn `e' = '-- ." '', , r 1 ,\• ,,, ;; eLst 4RAUNZ r1 s �\ ''". mss;.- ��\ y wo;<<pox,o�° '' s' y., + '_---,,, ' 1 kk� CONSTRUCTION '/ �s PO' o' vpc°� /W l]\�� B 'y 1 ,, \\\ \ L�� 1193 TILLSON AVE. '' // N. y TILLGONGURG,ONTARIO,N4G 391 �e O f✓,r- ...` • ` 4•. ��✓i, ` *a ^ le ++ �”\\\'‘\s',', ' l's, TEL:151955UIfi21 r�, a ' ', 7i0 0"' I'yl i aJ wo.,•^° ��'01'T` ...:3,* �a °0.0 ., ,,',+,'`\y" \,,, �i \ • '+\ ,yo- I. ,..1 y V o-aA',e'`' a„ A\",'�, .-Ls 2479153 ONTARIO INC. S \ " y+ \ \ \ ,s° c+' '� O \ ''r. 212 MAIN STREET WEST P.O.90%99 \� ^ \ ' \ 'T '>',D OTTERVILLE,ONTARIO NUJ IRO r\' Ay \ \ i s ys;,, ' er.A ver, .a,.9 f \ 0 \ G \'\ ,tµ d` / . y. V tt 5 98 466 S -6/ \'�. V� ,,+^' \ °'�^° , r' o ',\u '� . "0 Z6 6196796636 J1' "\ a\ V d J' / \�J �. ExuE:lxr '1 �9 \ \ % to a e,fi /+'� ys, ) '."30 .E LNuxo[xoN ll.. a \Z,,. \a' + +'\,,, \\ \1 0. " Eo"/.. +°S. rA' n ..7', ''. ,, `": - '�6 <.aR,ltu....,.,...,ow„ + *,' ly g Q ,41P • \ +,,\...,,,\www��� i I > �..Ij3 ,d`�AI e"-09 A,AN",s '.,„;,/ t F,v .,,o ',�\\ , d9,g's \ w a YJ / ,p,p.0.,..° REQUIREMENTS `1 \ '‘‘.•-••---% \ Edi° \\ \,,,o,.• � "' ((�� / ..meEEe.eexox.,,.>..,e.,>.:a4-R�rx„.e..e, '\\4�'', \ '� �"" .. '\ \\g /nR" d " ' -6• '/ / \\ MANAGEMENT NOTES: +gam+, who- ��P":.1.' • s® \\\i\\ ':�I,.•'`i w' /�-'' '.�}l /� \\ .x,[.e�.,>e.,. tl,:��o:"°rf:mox;l:f.dd.T�.LL ';`,` \�, < � ",: \ �\\+. . ,^4^ - 2 ...1... a• / \\\ .....>e,ex..E. .�,,..me.> x, I- ,, ' 1° ,n \fir \\ .° - 'PO'/ / ., .w p (;T-.N L TT NTT. '�3 ✓'',.�'3 ' 4.• ,0 •, Qp,1 pals' 0. s' ,,.>° , ti 4769 9AVNAm DRIVE > \1 Y," 4" / ....›.......r.,10, sow. ..a.,,ss. TILLSONGNRG,ONTARIO,N4G 409 1 / vmAR\ / ,>, .,P 'R• °' /C'' rM ..,,o-> a TEL:I5I9 fi99 i9B9 \/��'� `Yax e" -->:::::'''',", vq y'4..‘'..':'%.'S .e,�. ,maxto-xa evm 5w, `. w .s—_'`� 9\y\ a c , 0N[9UVE,L9A.fix0L0LL/Lv<RLE: PROPOSED DEVELOPMENT 0 m .o.<"xt..-. ,.......,.«,.SITE PLANt . ,. ',r 00,----- n( OS / 6 / m/ ,NYN,?>,.-' - TART ~. ee.,xx,o, 0RT 5 1 0 �� x ,eu.. xxx ,.w ez.nx/ ART \ REPORT o DEVELOPMENT SERVICES 42urtunity IS TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 6, 2018 REPORT: DS-56/18 FILE NO. C-07/ D09.UNDE Roll # 3401-000-002-03100 SUBJECT: Consent Application E57/18 Chad Underhill Farms Limited BACKGROUND Consent application E57/18 was received from the Elgin County Land Division Committee submitted by Chad Underhill Farms Limited proposing to sever an irregular shaped parcel of land 1.132 ha(2.79 acres) and to retain +/- 75 ha (185.3 acres) of land with the intent to add to the adjoining agricultural land to the north owned by Douglas Dennis. The subject lands are described as Concession 3 Part Lots 7, 8 & 9 with no municipal address. The subject lands are designated Agricultural, Natural Gas Reservoir, and Natural Heritage on Schedule "Al": Land Use and Hazard Lands, Significant Woodlands on Schedule "A2" Land Constraints in the Official Plan. The lands are zoned Agriculture (A1) and LPRCA Regulation Limit on Schedule "A" Map No. 10 in Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on October 3, 2018. DISCUSSION: The planner's memorandum dated September 11, 2018 analyzes the application subject to the Elgin County Official Plan, Bayham Official Plan and Zoning By-law policies. The application meets the criteria for the boundary adjustment policies subject to the recommended conditions. The intent is to add the lands to the neighbouring property owned by Douglas Dennis identified as Roll# 3401-000-002-03300. Consent Application E58/18 Dennis is being considered concurrently for an easement to a municipal road allowance for Chad Underhill to access a farm field in exchange for the severed lands. Staff Report DS-56/18 Chad Underhill Farms 2 Staff and planner recommend Council's support of the application with the recommended conditions as listed. ATTACHMENTS 1. Consent Application E57/18 Chad Underhill Farms Limited 2. IBI Memorandum dated September 11, 2018 RECOMMENDATION THAT Staff Report DS-56/18 regarding the Consent Application E57/18 submitted by Chad Underhill Farms Limited be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E57/18 be granted subject to the following conditions: 1. Planning report fee payable to the municipality 2. Copy of the final survey(digital) provided to the municipality 3. Letter of Undertaking providing for the merger on title of the severed 1.132 ha parcel with the adjacent northerly parcel as per the consent application Respectfully Submitted by: Reviewed by: -- Margaret -nderhill Paul Shipway Deputy ClerkiPlanning Coordinator CAOICIerk JUL 18 zoIs - 3 A COUNTY OF LAND DIVISION CQ ITT - 7 V g L� APPLICATION FOR CONSENT 1, Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2, Name of Owner Chad Underhill Farms Limited Address 7135 Dennis Road,R.R.#1 Telephone Number 519-617-1679 Email chad underhill1976(othotmail.com Name of owner's solicitor or authorized agent Patrick Clancy,McKenzie Lake Lawyers LLP Address 1800-140 Fullerton St.,London,ON NSA 5P2 Telephone Number 519-672-5666 x.7468 Email clancy(a�mckenzielake.com Please specify to whom all communications should be sent: Owners ( ) Solicitor (x) Agent ( ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer. creation of a new lot Other: mortgage/charge x 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: Douglas Dennis (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 3401000002033000000 4. (a) Location of land: Municipality Bayham Concession No. 3 7 I /fit/ Lot(s)No. Part of lots 6,7&Q Registered Plan No. p,� Lc71 ) Name of Street Woodworth St.Nienna Line Street No.and/or 911 No. -Xe (73 Assessment Roll No.3401000002031000000 a,-u/ 14/.0 ?- Ua)_ (b) Are there any easements or restrictive covenants affecting the subject land? treto —U 3 7 „yLl�' Yes ( ) No (x) If Yes,describe the easement or covenant and its effect: /,- 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage Does not front on to road Depth irregular Area 1,132 ha. Existing Use Agriculture Propose8 Use Agriculture Number and use of buildings and structures on the land to be severed: Existing None Proposed None 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 707m+/- 0.10 irregular Area 75 ha+/- Existing Use Agriculture Proposgd Use Agriculture Number and use of buildings and structures on the land to be retained: Existing None . C„c„o,El„, Proposed None mon tt3l.445 +e 't fi'S .ht N iJ� .-`oK w a Y fir' •F't 4 �f.;..,at`� �s,,,�r.��'L'.,,h"^;+<�r'�+`��.,. `t}. .r��o ';,E�^-^�� _ �.�'n :.;Yit M -2_ 7. Number of new lots proposed(including retained lots) None,addition to existing lot 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT roc i AINETTLOT Provincial Highway ( ) ( ) Municipal road,maintained all year ( ) (X) Municipal road,seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way (x) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( ) ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) None(no need) None(no need) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) 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 ( ) ( ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) None(no need) None(no need) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? Never 12. What is the existing Official Plan designation(s)of the subject land? Schedule Al-Natural Gas Reservoir,Natural Heritage Schedule A2-Hazard Lands,Significant Woodlands 13. What is the existing Zoning designation(s)of the subject land? Agricultural(Al)and Long Point Region Conversation Authority Regulation Limit -3- 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No ( ) Unknown (x) 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 n/a 16. (a) Has there been any previous severances of land from this holding? Yes ( ) No (x ) (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 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 (x) If Yes,provide the previous severance File No. 18. (a) If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. n/a 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes ( ) No (x) i) Now used for livestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation(MDS)document-Implementation Guideline#6. 20. 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? There is a related consent application being submitted Yes (x) No ( ) for a right-of-way over the lands to which the proposed severed lot will be added to,in favour of the applicant 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (x) If Yes,and known,specify the Ministry file number and status of the application -4- 22. 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 (X) If Yes,and known,specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes,identify policies from the Provincial Policy Statement 2014 to support this application for consent 1.1.5.7 Opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas.where it will minimize constraints n these uses. 24. Is the suject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) If Yes,does the application conform to or conflict with the applicable provincial plan or plans 25. 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. 26. 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. 27. DETAILED SKETCH: The application shall be accompanied by a detailed 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 municipal 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; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - 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. -5- Dated at the th/� G( l bv..a6�f�t.�// ,ef this * day of /14Are 20 /8 to SIG'• OF •-•LI ANT , OLICITOR OR AUTHORIZED AGENT AFFIDAVIT/O/R SWORN� , DECLARATION I/We li1'r^q' yl, {S r' of the J BwK, of V 04 yt,Q in the County of � //h 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. DECLARED before me at the G11 of Lo 7..,r,-", in the i)rrvi wt c (21,,,A-A-r D Signature this TA 41^ day of Signature 20 ty A Commhsioner,etc. r 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 detailed sketch described,with the responsible person,accompanied by a fee of— $1,250.00 in cash or by cheque made payable to TREASURER,COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp. Revised January 1,2018 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: eat e. 3 f Pte- .tori �t 7 ?ewn o f B � � An, INVe,the undersigned,being the registered owner(s)of the above lands hereby authorize Pi r;Q G(6.,►” of M �r e l Loovi is UPto: (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 i�F^� �/� of L.,04 *�r this 24 {{{ day of '"1 20 c8 Sign ture of WitneSs Signature of owner Signature of Witness Signature of Owner Signature of Witness Signature of Owner CONSENT SKETCH OF PART OF LOTS 6, 7, 8 & 9 \,//-?,>N25____ 6,,, 9 a co //// CONCESSION 3 // / (GEOGRAPHIC TOWNSHIP OF BAYHAM) ,/ / /� qeP� IN THE ///j i/i �� MUNICIPALITY OF BAYHAM - , /j/ /Hi z /1 /z/ COUNTY OF ELGIN ,�j Aj...,„,lt �/�� 3 /// ____ i_;______,_._.,_,_- _,N,_____,Kz/z:z / z z//z.//, ' z ,.//z/zz zrz.0/0, Agriculture/ / "tea / I C �B\/ • Woods .}}jr, V ,Se ed�rea----_ _ _ fy, �// / 1o ��j / /5 / 1/ ///// // O < / a m I t Agriculture/ rzz, ) -�� 'o Woods / //// o I // �//�gric p�/%, z a W Bridge T' / / / / U O I/ / T/ / 0 ' / / /z//\ I/ / 4eG�ea -6)/p/ rv'±/=/ � aa 4.. -No ver ey o ,/,.. /O/ rlcu8u e �/ '‘';5,,p 7// z ly 4/z /7/ to L/ 189'4 Woodworth — — — - zam Road' — — - C-.tea Lands to be severed p®� ARCHIBALD,GRAY&McKAY LTD. = �a 3514 WHITE OAK ROAD,LONDON,ON,N6E 2Z9 Li® PHONE 519-685-5300 FAX 519-685-5303 e z Lands to be retained PLAN•SURVEY•ENGINEER EMAIL into@agm.on.ca WEB www.agm.on.ca DRAWN BY: DH DIGITAL FILE: BA1702sk2ms12.DWG CHECKED BY: RTW C0G0 FILE: BA1702.COG Plot dote: July 6,2018 FILE No: BA-03-07-2 F:\Projects\B\Boyham(BA)\BA\BA-03\BA-03-07\BA-03-07-1\CAD\BA1702sk2ms12.dwg ti' ,. /18 iib SCHEDULE I REQUIRE THIS PLAN TO BE PLAN 11 R-9515 PART LOCATION P. I. N. AREA DEPOSITED UNDER THE LAND TIES RECEIVED MD DEPOSITED ACT J(1_n.e c)210.6 I a.. I PART OF LOT 8 CONCESSION 3 PARI OF P.I.N.35333-0120 2Ac 80 M. DATE DATE: JUNE 27,2012 iJ.GARDNER REPRESENTATIVE FOR 3 09 UNEl'c---------"---"---i LAND REGISTRAR ORNARIOASURVEYOR ODEGEN L(AND 11110 OMSN r • r-----------: • PLAN OF SURVEY OF PART OF r Ig CONCESSION 3 LOT8 • CONCESSION 3 / (GEOGRAPHIC TOWNSHIP OF BAYHAM) i; P.L N. 3 5 3 3 3-0 1 1 8 + MUNICIPALITY OF BAYHAM 0 �/ COUNTY OF ELGIN e' O + 0 100 2001--y 300 FEET /j DEED LINE y WEE EPEE H H H HH I j 4 \ N etc a•+o•E MEAS. 51000•IOW,E41obu,E4leneo a sEr� SCALE 1" = 100 'p DISTANCES SHOWN ON THIS PLAN ARE IN FEET AND CAN BE CONVERTED La 4 a6V j,^4 `• TO METRES BY MULTIPLYING BY 0.3048 P.I.N. 3 5 3 3 3-0 f 2 0 .1v�5, o AREAS SHOWN ON THIS PLAN ARE IN ACRES AND CAN BE CONVERTED +4 TO HECTARES BY MULTIPLYING BY 0.40468 k m '� K. BRIAN VAUGHAN SURVEYING LIMITED u k PART 1 / o NOTES ▪ g`e,�•e •LeE ry III] (1)BEARINGS ME ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMIT ,WW(J0 ^! OF ROAD ALLOWANCE BETWEEN CONCESSIONS 2&3 AS SHOWN ON - N= x4 `h REFERENCE PLAN 118-4113,HAVING A BEARING OF N 69'58'30"W. o I 404'* '1' ,G' ,., (2)BEARINGS SHOWN ON THIS PLAN ARE ASTRONOMIC MD CAN BE CONVERTED Sg S. TO GRID BEARINGS BY ROTATING THE BEARINGS COUNTERCLOCKWISE 01'14'10" $ I 'A9 4'004„,,,,,.. , f N S Vi, y (3)DISTANCES SHOWN 014 THIS PLAN ARE IMPERIAL GROUND DISTANCES AND 9 qp ea'u 4 �S CAN BE CONVERTED TO METRIC GRID DISTANCES BY MULTIPLYING BY 0.3048 ' �Il q•M 4}q y.' MO 0.899602 a IFa`Ae r COORDINATE SCHEDULE u PRA' �' ALL COORDINATES ARE IN METRIC AND WERE DERIVED FROM GPS e U OBSERVATIONS USING SPECIFIC CONTROL POINT 00820060028 �I $ 5`?J 1 UTM ZONE 17,NAD 83(ORIGINAL)COORDINATE VALUES ARE TO ylm -01 RURAL ACCURACY PER SEC.14(2)OF 0.REG 216/10 Z 0 POINT ID NORTHING FASTING -I ORP A 4728865.655 4728877.882 514435,788 ORP B 514392.922 ml CONCESSION 3 COORDINATES CANNOT,IN THEMSELVES,BE USED TO RE-ESTABUSX CORNERS OR BOUNDARIES SHOWN ON THIS PLAN Co "MUNICIPALITY OF BAYHAM” • iµ, SURVEYOR'S CERTIFICATE \ CERTIFY THAT: \ A'[* I 1.TH IS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE PgRT SURRUI ATIONS MAGE UNDR SURVEYORS ACT AND THE'ANO TIRES ACT MD THE REGBOAC 4/.40,,, �e ''`40,3 LEGEND 2.THE SURVEY WAS COMPLETED ON THE NN.DAY OF JUNE,2012. "NCE- SID.(lass) ' • - DENOTES SURVEY MONUMENT FOUND0 - DENOTES SURVEY /� LANTED , MJ a BN nP SSI.B. - DENOTES STANDARD OIRON�BAR T P Sf THOMAS,OAT. �B VAUCHAN F JV N I WeeN Wiq�AAr Z W R'I'B.(IDSA) 5.5.1.8.- DENOTES SHORT STANDARD IRON BAR JUNE 27,2012. ONTARIO LAND SURVEYOR ' A CO 4YIVLY. R.I.B. - DENOTES ROUND IRON BAA l•'NN�eSS \ INST. - DENOTES SQUARE IRON BAR BRIAN VAUGHAN SURVEYING LIMITED e /ONS \ BEGS. - DENOTES MEASURES 124 CENTRE STREET ST THOMAS, ONT. 1355 - DENOTES BRIAN VAUGHAN,0.LS. N5R 2Z9 PH. (519) 631-5057 2 �' 3 - WT - DENOTES WITNESS I FILE:12-12A FAX(519) 631-6255 E-MAIL bvavghan49goJden.net G.6 Is)ceS5•10 1\1 3 1....\-T-4 13CA••k v-tft rY\ p-ssp,-;oo tAck R.sts-D v,zorr- 04 0,c) L,to teRk, -To DouG Nce‘S t4 bu... -01 NG o en)rik 9-° jf\1 u..tsinef2N-;,,v.LS Si S' Ro PG KV • + AGiittro.),L1(-Las) '•. NN Do ir) \ • •-„*„ •, .\\\N, • (f,N. \ 6 /48 • 9.I.11.LUStRVING». xIsmv 0890 PMT OF OF LOIS 6,],8 AND 9 CONC.MoN 3 ' I0.901,OF d...NAM udmrvam OF _ _ = I I BAYHAM _ I COUNTY OF ELGIN LOT 5 LOT I V _ p'LOT T .-.1.- LOf 8 I Lot 9 I I.OT 10 7 con 1 coNCCSSION 3 I GEOGRA HC TOWNSHIP OF 6811•181,4 I i ��7] LOT 5 7,Q g ' LOT d LOT I LOT e_ I LOTi9 I Lor W ; 1 I . i CONCESSIONS 'IF 6EOGRAPHIG TOWNSHIP OF BAYHAM . I i I I ,0. I • I ��- I I I j X44, SCHEDULE .,............ PLAN 11R—G5I5 PAU LOCA,Oti P.I.P. APFA ....F..T..Lwo.,,O, OM,.MO 0170Ploo 1 ,.,...•Or tot a cams...3 PIM OF Pito IoVa-O,2,-LC N. 77E,.....,„..,..., .'' Cittu cA.Dol.a. si J.GARDNER , .„..e .-•-..---- raf,.,-..-..-.— r-------Ti PLAN OF CONCESSION 3 SURVEY OF PART OF LOT 8 gr 3 CONCESSION 3 XZi / iGOOLPOPPIC-tonmsx,OF PM.) MUNICIPAUlY OF BAYHAM o .,, 0 il COUNTY OF ELGIN I SCALE 1* =100' • set* Lt.., ....ewe.... ....x...aa........a,..7., . 1,... \._ „4 .." •1 .1, TrOnrsn Irrttri.t.r.crofe'ma ma cam ez cawmuro BRUN VAUGHAN SURVEYING LUDT. . - NOTES ' 1 P A R T 1 ..... "',.—r.',.=1,=',..7=-•—^,------"'":" .- - t i '.....'-. oo.o• .4". ...to. ,5_...41:P.. // ;17 ..' COORDINATE SCHEDULE ,,. , El! ' "-•, . on A amnion 1.1.5.71,8 :I CONCESSION 3 \ .7.1 I -MUNICIPALliT OF NISSAN ...:11 m SURVEYOR'S CERTIFICATE --...,_ ii --...,_ 'I'`... fro, ----- ,f7,nr:g.7.=:—‘.........-..‘..o. LEGEND ------ / .. 1..&,....o.n,',/ .... ,,"......— '' ,7*CliVE" 4"4.---ikt....., ra t a. Toe.'''''‘re•&VI,. Ir.tW2.a r.. BRUN VAUGHAN SURVEYING LIMITED V* . " .4..r.,,,„..,,,,W4^ 154 CENTRE STREE7;ST 00101615. ONE .52&.....,..,.. `°7?,4 .1.4..,----..,.— NCR EEC PH.(519)631-5057 r,&,1.-.., FAX(CII)631-5255 p-re,5nntg03251d51e. 71,,,, ..71 st f .-- ',,' . • •••_• r r IBI GROUP II 203-350 Oxford Street West BLondon ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date September 11, 2018 From Paul Riley BA, CPT Project No 3404-695 cc William Pol, MCIP, RPP File Subject Chad Underhill Farms Limited - Part Lots 6, 7 and 8, Concession 3 Application for Consent E57/18 1. We have completed our review of consent application submitted by Chad Underhill Farms Limited for lands located at Part Lots 6, 7 and 8, Concession 3, east of Woodworth Road, north of Vienna Line and south of the end of Dennis Road. The applicants are requesting consent for severance of 1.1 ha (2.8 acres) of land and to retain 75 ha (185 acres) of land. The purpose of the severance is a lot addition to the adjacent farm parcel to the north. The lands are designated Agricultural, Natural Heritage and Natural Gas Reservoir on Schedule "A": Land Use in the Official Plan and are within the Hazard Lands and Significant Woodlands overlay on Schedule A2 Municipality of Bayham: Constraints. The lands are zoned Agriculture (A1) and LPRCA Regulation Limit on Schedule "A", Map No. 10 in Zoning By-law Z456-2003. 2. The severed lands comprise a wooded area, to the north and south is wooded, to the east and west are agricultural fields. The retained lands are irregular in shape having a lot frontage of 707 m (2,320 feet) and irregular lot depth. There are no existing or proposed buildings, structures or site alterations. The severed lands are to be merged as lot addition to the parcel to the north as part of a legal settlement agreement between abutting landowners. Consent application E58/18 is being considered concurrently for a 9.75 m (32 feet) wide easement and a frontage of 12.9 m (42 feet)on the municipal road allowance. The applicant is seeking an easement for farm field access in exchange for the severed lands. 3. Elgin County Official Plan Section E1.2.3.2 Boundary Adjustments indicates that a consent may be permitted for the purpose of modifying lot boundaries, provided no new lot is created. The proposed lot addition does not result in the creation of a new lot and therefore is consistent with the policies of the County Official Plan. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 8,2018 4. 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. The intent of the application is to add the severed lands to the adjacent parcel and to continue agricultural use with no new lot created. Based on no new lot being created the consent is consistent with the Official Plan. 5. The subject lands are located in the Agricultural (A1) zone in By-law Z456-2003. Agriculture is a permitted use and there is no change to the use of the lands. The new lot configuration maintains the minimum lot area requirements of the Al zone. The proposed changes are in compliance with the regulations of the Zoning By-law. 6. Based on the above review of consent application E57/18 we have no objection to the proposed consent to sever 1.1 ha of land provided: a) that the severed lands are merged on title. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham -g,AYH. - . REPORT o �� DEVELOPMENT SERVICES �pui'tuni TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: August 16, 2018 REPORT: DS-57/18 FILE NO. C-07/ D09.DENN Roll # 3401-000-002-03300 SUBJECT: Consent Application E58/18 Dennis BACKGROUND The Elgin County Land Division Committee circulated a consent application submitted by Douglas Dennis proposing to create an easement over lands legally described as Concession 3 Part of Lots 6, 7& 8, east side Woodworth Road. The proposal is to create an easement with a frontage of 12.9 metres by an irregular depth, area 0.478 ha, proposed to provide driveway access for the agricultural parcel owned by Chad Underhill Farms Limited in Concession 3 Part Lot 7. The owners are retaining approximately 23 +/- ha proposed to remain in agricultural use. The subject lands are currently designated Agriculture, Natural Gas Reservoir and Natural Heritage on Schedule 'Al' Land Use and Hazard Lands and Significant Woodlands on Schedule `A2' Constraints in the Official Plan and zoned Agricultural and Long Point Region Conservation Authority Regulation Limit in the Zoning By- law No. Z456-2003. Elgin County Land Division Committee will consider this application on October 3, 2018. DISCUSSION The applicant wishes to provide a permanent easement for access for the adjacent agricultural property located to the south. Mr. Dennis will retain ownership and share the easement with the neighbour. No new lots are being created. The easement is requested by Mr. Dennis to provide formal access to Chad Underhill Farms Ltd. lands. Mr. Underhill is presently using the unopened portion of Dennis Road (north of the creek), the bridge and Dennis' lands to access his agricultural lands. Both parties would like to Staff Report DS-57/18 Dennis 2 formalize the easement of access through a consent application. The request for easement in its current state cannot be supported as it requests an easement to an unopened road allowance (municipally owned) both northerly across the bridge to Dennis Road and southwesterly to Woodworth Road. This easement may only be considered if the landowner Chad Underhill, owner of the lands on the north side of the bridge, agrees to the process of the Municipal Sale and Disposition of Land By-law to stop up, close and convey and purchase this road allowance, including the bridge "as is where is" condition and lands south of the bridge to the easement as a means to connect to the requested easement across Mr. Dennis' lands. As expressed through his appointed Agent, Mr. Underhill has agreed to proceed with the Municipal Sale and Disposition of Land By-law for the Dennis Road allowance, bridge and connecting land to the easement. All costs for this transaction would be the responsibility of Mr. Underhill. The planner's memorandum dated September 12, 2018 analyzes the application subject to the Elgin County Official Plan, Bayham Official Plan and Zoning By-law policies. Bayham Official Plan Section 8.7.2.5 supports consents for easements in any land use designation provided it complies with all other policies and regulations of the Official Plan and Zoning By-law. Both staff and the planner are of the opinion that the land between the bridge and the easement should be included in the stop up, close and convey process to provide the private land ownership connectivity to the easement. Additionally, discussions have taken place regarding the road allowance from the south boundary of the easement southwesterly to the travelled portion of Woodworth Road. Staff would suggest the Municipality consider a proposal in December 2018 from the affected three land owners to stop up, close and convey this portion of the road allowance. The municipal planner and staff recommend support of this application with conditions. ATTACHMENTS 1. Consent Application E58/18 Dennis 2. Aerial Map 3. IBI Memorandum dated September 12, 2018 RECOMMENDATION THAT Staff Report DS-57/18 regarding the Consent Application E58/18 submitted by Douglas Dennis be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E58/18 be granted subject to the following conditions: 1. As per the Municipal Sale and Disposition of Land By-law, an agreement with Chad Underhill to purchase the road allowance and bridge "as is where is" at the southerly end of Dennis Road including that parcel of land south of the bridge connecting to the requested easement located in Concession 3 between Staff Report DS-57/18 Dennis 3 North Part Lots 6 and 7 2. Easement Agreement with the Municipality for a turn-around agreement on Chad Underhill's subject property— 7135 Dennis Road 3. Planning report fee payable to the municipality 4. Copy of the final survey (digital) provided to the municipality Respectfully Submitted by: Reviewed by: Margare nderhill Paul Shipway Deputy ClerkIPlanning Coordinator CAOICIerk JUL •I b 2,.;13 e- //F COUNTY i Et(;.„�_. LAND DTVI i- �;I.+`,it'DEE s -y S APPLICATION FOR CONSENT 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name of Owner Douglas Dennis Address R.R.#1, Port Burwell,ON NOJ 1T0 Telephone Number 519-874-4038 Email otterriverfarmsegmail.com Name of owner's solicitor or authorized agent Patrick Clancy, McKenzie Lake Lawyers LLP Address 1800-140 Fullerton St.,London,ON N6A 5P2 Telephone Number 519-672-5666 x. 7468 Email clancymckenzielake.com Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (x) 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 x 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: Chad Underhill Farms (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: n/a 4. (a) Location of land: Municipality Bayham Concession No. 3 Lot(s)No. Part of lots 6,7&8 Registered Plan No. Name of Street Woodworth St.Nienna Line Street No.and/or 911 No. Assessment Roll No. 3401000002033000000 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x) If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 12.9m Depth irregular Area 0.478 ha Existing Use Agriculture Proposed Use Agriculture Number and use of buildings and structures on the land to be severed: Existing None Proposed None 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 316m Depth irregular Area 23 ha+/- Existing Use _ Agriculture//�� Proposed Use _Agriculture - - Number and use of t?tlildings and structures on the land to be retainea: Existing None County ofEhn Engineering Services Proposed None 450 Sunset Drive St.Inomas,Un n105501 Phone:519-631-1460 vivW.eIgin-county.on.ca Progressive by Nature • -2- 7. Number of new lots proposed(including retained lots) n/a 8. Type of access for proposed and retained lot: (check appropriate space) Vienna Line and Woodworth Road TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road,maintained all year (x ) ( x ) Municipal road,seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way ( ) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( ) ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) None(no need) None(no need) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) 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 ( ) ( ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) None(no need) None(no need) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? Never 12. What is the existing Official Plan designation(s)of the subject land? Schedule Al -Natural Gas Reservoir, Natural Heritage Schedule A2-Hazard Lands,Significant Woodlands 13. What is the existing Zoning designation(s)of the subject land? Agricultural(A1)and Long Point Region Conversation Authority Regulation Limit -3- 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No ( ) Unknown (x ) 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 n/a 16. (a) Has there been any previous severances of land from this holding? Yes ( ) No (x ) (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 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 (x ) If Yes,provide the previous severance File No. 18. (a) If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. n/a 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes ( ) No (x) i) Now used for livestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation(MDS)document-Implementation Guideline#6. 20. 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? There is a related consent application being submitted Yes (x) No ( ) for a lot addition over the lands to which the ROW will be granted(ROW not over lot addition however) 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No ( x) If Yes, and known,specify the Ministry file number and status of the application • -4- 22. 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 (x ) If Yes,and known,specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes,identify policies from the Provincial Policy Statement 2014 to support this application for consent 1.1.5.7 Opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses. 24. Is the subject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) If Yes,does the application conform to or conflict with the applicable provincial plan or plans 25. 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. 26. 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. 27. DETAILED SKETCH: The application shall be accompanied by a detailed 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 municipal 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; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - 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. 5 Dated at the C 41 of Lyd011. -(' " I r this day of l 20 /� SIGNATURE OF APPLICANT S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR WORN DECLARATION /' l/We i( �1 of the all/ of I,4i 4.471n, in the County of114/411,5-t)4- solemnly 4 5-G)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. DEC/LA-RED before me at the U of ,A.i.li.. in the ;ni(Z V pp b pai,„..4.7 'k. r ( Signature this �' day of 20 (S/ Signature — ' / ' • / 1, A diommissrpne , etc. 'yr,y�` f I i 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 detailed sketch described,with the responsible person, accompanied by a fee of– $1,250.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp. Revised January 1, 2018 AUTHORIZATION TO APPOINT AN AGENT NOTE:This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 0-4 IIVVe,the undersigned,being the registered owner(s)of the above lands hereby authorize Grr �A►� 'y of PGlakttie tAkt y2rSLeo: (Agt nts Name/Names) I (Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s)of the application;and (3)provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the ' ( if: 7-7- of S this 7 day of } 7 C C 20 / gat e if Wi e Signature of O ner Signature of Witness Signature of Owner Signature of Witness Signature of Owner CONSENT SKETCH OF PART OF LOTS 6, 7 & 8 CONCESSION 3 (GEOGRAPHIC TOWNSHIP OF BAYHAM) IN THE MUNICIPALITY OF BAYHAM COUNTY OF ELGIN II I lII I Agriculture ! I Big Otter 11 C Agriculture s i �=�j/j 1-7-----/----- I$ / �� /j r Z . R s '`f►� /n / (/,Agnc tu� 1 /�"%/in CONCESSIONS)/ i3/' I is / �oca6r / Agricyi�e�/ �j�� �Z 7/ �{ / /1..01-/i / �'O./// //� 7i / //'Ify/ or/ 8,--/� B.7e wM/ / ' / ) Xj � �I� / prop/R.D.Wj�ODT-� /� / / I I/ //,/,/ 1 Agriculture i g NI O DO S 1 !/// I / // GEOGRAPHIC TOWNSHIP / / OF BAYHAM j�/ // / / Ii--- 158 I I Area of proposed R.O.W. = 0.478 Ha I Total Area of Parcel = 23 Ha +/— p Not verified by survey ..`•'.'` _„ (prop to be severed ARCHIBALD GRAY&McKAY LTD. � r�'`" ;�t (proposed R.D.W.) 3514 WHITE OAK ROAD,LONDON,ON,N6E 2Z9 • 7 ;`t PHONE 519-685-5300 FAX 519-685-5303 'iLands to be retained PLAN•SURVEY•ENGINEER EMAILinlo@agm.on.ca WEB wwwag .on.ca L/ _/J m(entire parcel) DRAWN BY: OH DIGITAL FILE BA1702RP1ms12.DWG CHECKED BY: RTW COGO FILE BA1702.COG Plot date June 7,2018 FILE N. BA-03-07-1 F:\Proleots\e\9ayhom(8A)\BA\BA-03\8A-03-07\BA-03-07-1\CAD\BA1702RP1ma12.dwg irriYri Jr t. i-.. 7., r=1..77,- Ok1C DOI r c3ig 0`"` L_„,•,---'ir— _,,,..--"'-''1_1 .....-... c . muNicipALITy .:DF BAYHAM COUNTY OF ELC N ni;lkail , I c''',F•iik')i'Ara‘g".;‘,44gAv ' "4.--'7X>c' ,0.1', ',' S/ I/ i s., ^I. ..... ... UTM GPID 14OT ES / SURVEYOR S CERTIFICATE „,.,..........,,......., ., „..=,".,.,..,..,...=Z.r,`.F. 7..",..:-.f.Z...."...P.:,-.'„:..--.7.--7......,........;' I ' 9 ELGIN MAPPING �<' : ------ — _ - I,- .. _ _ _ s ,,, ..-:‘ -'441F10*, ,,Er . 340100000813300 340100000212300 * ,r 1'5:: . *0 4"4� 3401000008124003401'00000812500 7414 4 ` LfSTd LOTS LUTE 7351 3d01DDOD02119DD '3.4-pt , a y iia 340100000807600 7351 340100000212500 .,,`"' 3 401 0000807600 77302 LOT `'' LOT8 340100000212350 7351 340100000212330 Legend it 1 LOT9 E911 340100000807600 z -_ ter 7m ❑ Parcels 3 401 0000 080 76 00 I1 Roll 53688 3 401 00000212330 0 Lot Lines 117135 340100000212600 ❑ Lagoons Local 340100000507200 340100000807300 340100000809200 340100000212350 Arterial — Highways 537933 401 00000212400 3401000008073 00 World Street Map 53 800 54626 "'-" 00000203300 '~ 6 +s 3401 0000080722 0 3401 0o0oI s 01 D ,rr�.rd' WTd 3401000008x084003401 00;,.",j608450.�` ----.•LOTS 340100000204120 ��id:;-+CL rnt.�' OTE 340100000203800 . 34 0000807510 RbpSedE.CS LOT; 340100000203200 1 ter.' 3.Ogh'�1�1 3 401 000002 6i Laar.S , 4010000080 400 LOTg -- '- (AY\Open Rd LT 15 Pll;w41 n Ce 02 34D1DD0008DSODD1340100000508700 2 6371 3401000003100 6679 oro tS 3401000008083003401 0000080871 0 340100000204100 rof c 1 °`6678 ce 340100000809300 r r 3401'00000809500 340100000807700 3401000008C"""" 340 1: 17,629 340100000808500 0 Notes nE 0.9 0 0.45 0.9 Kilometers This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION IBI GROUP 203-350 NOxford Street West II tel 5194072 328 1 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date September 12, 2018 From Paul Riley BA, CPT Project No 3404-695 cc William Pol, MCIP, RPP File Subject Douglas Dennis - Part Lots 6, 7, 8 and 9, Concession 3 Application for Consent E58/18 1. We have completed our review of consent application submitted by Douglas Dennis for lands located at Part Lots 6, 7, 8 and 9, Concession 3, east of Woodworth Road, north of Vienna Line and south of the end of Dennis Road. The applicant is requesting consent for easement of 0.5 ha (1.2 acres) of land for access to farm lands. The lands are designated Agricultural, Natural Heritage and Natural Gas Reservoir on Schedule "A": Land Use in the Official Plan and are within the Hazard Lands and Significant Woodlands overlay on Schedule A2 Municipality of Bayham: Constraints. The lands are zoned Agriculture (A1) and LPRCA Regulation Limit on Schedule "A", Map No. 10 in Zoning By-law Z456-2003. 2. The proposed easement is irregular in shape with a width of 9.75 m (32 feet) and a frontage of 12.9 m (42 feet) on a municipal road allowance. The retained lands have a lot frontage of 304 m (997 feet) and have an irregular depth. There are no existing or proposed buildings or structures. Surrounding uses are agriculture. 3. The easement lands follow an existing roadway/trail accessed from the end of Dennis Road, via a bridge across Big Otter Creek (Creek) and up the south valley wall of the Creek. The route is used in order to access farm fields at the south end of the proposed easement because it is the most direct route to the fields. Those fields have adequate frontage for access along Woodworth Road, however, an alternative route around the Creek is approximately 10 km (6 miles) in distance — along Dennis Road to Calton Line, County Road 43, Vienna Line and Woodworth Road. 4. The bridge is within a portion of closed municipal road allowance and has not been maintained by the Municipality since the road allowance was closed. Dennis Road ends on the north side of the Creek and there is a closed municipal road allowance from the end of Dennis Road to the end of Woodworth Road.The proposed easement ends at the closed road allowance. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 11,2018 The route has been used by Chad Underhill Farms, the landowner requesting the easement, for access to the fields for many years, however, a recent title search by the applicant found that there was no easement registered on title. The applicant and Chad Underhill Farms have agreed to exchange easement access for a lot addition in a legal settlement. Consent application E57/18 is under consideration concurrently and proposes a lot addition of 1.1 ha (2.8 acres) of land and to retain 75 ha (185 acres) of land. 5. Through the review process it became evident that the end of the proposed easement accessed a closed road allowance. It is determined that in order for Chad Underhill Farms to use the easement they would need access over the closed road allowance lands. The Municipality proposed to the applicant and Chad Underhill Farms to stop up, close and convey the portion of the Dennis Road road allowance from north of the driveway to Chad Underhill Farms property, located at 7135 Dennis Road, to the proposed easement. The result of the stop up, close and convey would allow Chad Underhill Farms to directly access the easement on private lands. From a bridge maintenance perspective having ownership south of the bridge would be preferable for maintenance purposes. We recommend that a condition of consent require Dennis Road be stopped up, closed and conveyed into private ownership and merged on title. The Municipality would require the acquisition of a portion of Chad Underhill Farms lands at the end of Dennis Road to construct a public turnaround. The lands to be stopped up, closed and conveyed are illustrated in the below sketch. LOTS 6, 7 & 8 CONCESSION 3 (GEOGRAPHIC TOWNSHIP OF BAYHAM) IN THE MUNICIPALITY OF BAYHAM COUNTY OF ELGIN To Convey Agriculture Big Otter lr�_ Agriculture :117e(1• ur octir Agric Iture j6,/Tj rt „L..17/:///1 0 Agriculture .1/7(y?<;;;z { r GEOGRAPHIC t'7 TOWNSHIP 4V /,/ OF BAYHAM IBI GROUP MEMORANDUM 3 Municipality of Bayham—September 11,2018 6. Elgin County Official Plan Section E1.2.3.3 Technical Severances states that consent may be granted for the creation of an easement or right-of-way, where such severance does not result in the creation of a new lot. Section E1.2.3.2 Boundary Adjustments indicates that a consent may be permitted for the purpose of modifying lot boundaries, provided no new lot is created. The proposed easement does not result in the creation of a new lot, therefore, is consistent with the policies of the County Official Plan. 7. The Municipality of Bayham Official Plan Section 2.1.9 Minor Lot Adjustments indicates that minor boundary adjustments to create easements shall be permitted if no new conveyable lot is created. Section 8.7.2.5 indicates that where no new lot is created an easement is permitted by consent in any land use designation. Based on no new lot being created the consent is consistent with the Official Plan. 8. The subject lands are located in the Agricultural (A1) zone in By-law Z456-2003 and agriculture is a permitted use. There is no change to the use of the lands. The proposed consent is in conformity with the regulations of the Zoning By-law. 9. Based on the above review of consent application E58/18 we have no objection to the proposed consent to sever 0.5 ha for the purpose of an easement, provided: a. That the Municipality, through the stop up, close and convey process, convey that portion of the Dennis Road road allowance from north of Chad Underhill Farms driveway to the proposed easement. b. That the applicant convey adequate lands for a turnaround at the new end of Dennis Road. eA411 e l IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham Form B08 VAYH4&? 4rippi,„„.,,, IIAleorio— „i 0 0Ppoi.tu IS�Co-`'460_ * nity Corporation of the Municipality of Bayham MUNICIPAL ELECTIONS 2018 NOTICE OF THE VOTERS' LIST NOTICE IS HEREBY GIVEN that, the list of all persons entitled to be electors for municipal elections in the Municipality of Bayham has been prepared by the Clerk's office. As of September 4, 2018 all electors should ensure that their names and relevant information are correct on the Voters' List. An elector can go on the municipality's website www.bayham.on.ca to see if you are on the Voters' List. A person may make an application to the Clerk requesting that the person's name be added to or removed from the Voters' List or that information on the Voters' List relating to the person be amended by completing and filing Form EL15 Application to Amend the Voters' List available from the Municipal Office during regular office hours between September 4, 2018 to October 22, 2018 and to the close of voting on October 22, 2018. The application shall be in writing on the appropriate form and shall be filed in person, by the applicant or his/her agent. Proof of identity and residence as prescribed by O. Req. 304/13 will be required. QUALIFICATIONS OF ELECTORS A person is entitled to vote in a municipal election if he or she on Voting Day, • resides in the local municipality, or is the owner or tenant of land in the municipality, or the spouse of such owner or tenant; and • is a Canadian citizen, and • is at least 18 years old, and • is not prohibited from voting by law. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22ND DAY OF AUGUST, 2018 Paul Shipway CAOICIerk i r r 7 Elgin Residential Hospice Status Report Ca) ELGIN RESIDENTIAL HOSPICE PLANNING COMMITTEE June 2018 BACKGROUN' The Elgin Residential Hospice Planning Committee has been working collaboratively with St. Joseph's Health Care Society and the SW LHIN to strengthen planning and increase readiness to build a residential Hospice in Elgin County. St. Joseph's Health Care Society owns and operates residential hospices in London and Sarnia Lambton. A business plan and feasibility study was conducted highlighting the significant care needs within Elgin County. The reports identified the community's interest and capacity to support the $7.1 million fundraising goal to build a residential Hospice. On March 20, 2018 the South West LHIN Board approved a motion supporting the establishment of an eight bed Residential Hospice for the Elgin sub-region. A subsequent letter and formal request was issued by the SW LHIN to the Ministry of Health and Long- Term Care (Ministry) requesting funding for a residential Hospice in Elgin County. OMOH After reaching out to the Ministry to understand the timing around a funding announcement, Elgin was informed that there is "no new funding for new residential hospice beds at this time". As a result, there is no clarity around if and or when funding would be provided for a Hospice in Elgin County. pg. 1 RISK AND IMPACT TO SLOWING OR STOPPING PLANNING With no current palliative care beds in Elgin, combined with an aging demographic larger than the provincial average, the urgency and need within the community continues to grow. Community capacity and readiness has been established, however in the absence of a funding commitment, planning for a residential hospice will slow if not stop, creating significant risk and impact to the project and community. Through the feasibility study, a number of major donations (totaling over $1 million) have been identified. Additionally, an opportunity to engage support from the City of St. Thomas and County of Elgin may be missed based on timing and their budget cycle. Donors are unwilling to commit to Hospice without a clear commitment (or timeline) that the project is moving forward. Slowing or stopping engagement and planning in this community will be viewed negatively and impact the ability to raise funds and engage donors. Without clarity on if or when the project is moving forward, it is likely that donors will redirect their gifts to other worthy causes. LOST MOMENTUM Through the process of developing a business plan and feasibility study, multiple individuals, community leaders, and agencies were engaged to inform the plan and build momentum. The positive results of these studies and the committee work has demonstrated community readiness and a willingness to invest in a Hospice. That being said, cynicism exists in Elgin; in the past other agencies have pg. 2 been fundraising and championing a Hospice for many years without seeing any results. The community trust (and support) is at risk. Community trust is at the heart of Hospice ensuring that the necessary funds can be raised to both build a hospice but also sustain operations each year. LEAD AGENCY St. Joseph's Health Care Society has been identified as the potential lead agency, bringing experience, expertise, and resources to the partnership. St. Joseph's Health Care Society has invested tens of thousands of dollars on Business Plan and Financial Feasibility Consultants and have funded other required prestart-up expenses. In the absence of a clear path forward or Ministry support, St. Joseph's Health Care Society will need to determine if they will continue to be involved, invest, and provide support. SUMMARY The Ministry has stated there is no new funding for new residential hospice beds at this time. As a result, Residential Hospice Planning in Elgin has stalled and is not moving forward at this time. Key stakeholders are skeptical that Elgin will ever be able to realize a vision for a Hospice in their community. This view is creating further risk that the project is losing momentum and losing engagement of key community leaders, donors, partners, and the lead agency. pg. 3 LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES July 4, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt and John Scholten Staff in attendance: J. Maxwell, L. Minshall, B. Colman, J. Stefek and D. McLachlan Regrets: Wayne Casier, Craig Grice and David Hayes The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, July 4, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-116/18 moved: J. Scholten seconded: R. Geysens THAT the LPRCA Board of Directors add "Gypsy Moth Outbreak"under New Business as item 10 (d) to the July 4, 2018 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-117/18 moved: L. Bartlett seconded: R. Geysens THAT the minutes of the LPRCA Board of Directors Regular Meeting held June 6, 2018 be adopted as circulated. CARRIED BUSINESS ARISING None FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - REVIEW OF COMMITTEE MINUTES The Backus Museum Committee wishes to recruit three additional volunteer committee members. MOTION A-118/18 moved: L. Bartlett seconded: R. Geysens THAT the minutes from the Backus Museum Committee meeting of May 10, 2018 be received as information. CARRIED CORRESPONDENCE None DEVELOPMENT APPLICATIONS MOTION A-119/18 moved: D. Brunton seconded: D. Beres THAT the LPRCA Board of Director's does now sit as a Hearing Board. CARRIED a) Hearing LPRCA— 97/18 — Gary and Mary Weber The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Ms. Weber and Mr. Randy Mawhiney then proceeded to present the staff report. Staff were notified of unauthorized construction of a deck on April 23, 2018. This application was received May 14, 2018 to recognize the construction of a 66m2 deck. The area requested for the construction is in the Lake Erie flood hazard and dynamic beach hazard and is contrary to the LPRCA shoreline policies. The construction of the structure would result in increased property damage due to flooding and the forces of wave action, and also, affects the control of flooding and interferes with dynamic beach processes. Therefore, staff recommended refusal. Ms. Weber acknowledged that she made a mistake in not getting a permit as she deemed the project as a replacement not new build as she found buried deck boards on the ground. She stated that the new deck is the same footprint as the old one, just raised to make it level with the smaller deck pods that were in a state of disrepair. The reconstructed deck utilized the existing pilings/posts. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 2- Staff and the proponent responded to questions from the Board. Mr. Mawhiney provided further comment attesting to the decay of the old decks. There were no further comments or questions. The Board moved into a closed session to discuss the matter further. MOTION A-120/18 moved: N. Haydt seconded: J. Scholten THAT the LPRCA Hearing Board does now enter into a closed session to discuss: O advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED MOTION A-121/18 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Hearing Board does now adjourn from the closed session. CARRIED Ms. Weber and Mr. Mawhiney were advised that application LPRCA-97/18 was approved. MOTION A-122/18 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED b) Staff Approved applications Staff approved 14 applications since the last meeting. LPRCA-275/17, LPRCA- 93/18, LPRCA-98/18, LPRCA-100/18, LPRCA-101/18, LPRCA-102/18, LPRCA- 103/18, LPRCA-104/18, LPRCA-105/18, LPRCA-106/18, LPRCA-109/18, LPRCA- 110/18, LPRCA-111/18 and LPRCA-112/18. No questions or comments MOTION A-123/18 moved: L. Bartlett seconded: J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 3- c) New applications The Planning Department recommended approval for four applications MOTION A-124/18 moved: D. Brunton seconded: R. Chambers 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.0. 1990 Reg. 188/06), LPRCA-18/18 LPRCA-86/18 LPRCA-113/18 LPRCA-116/18 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 NEW BUSINESS a) GENERAL MANAGER'S REPORT The GM reviewed the request made to the Nature Conservancy of Canada (NCC) for access to the Rowan Mills Conservation Area for harvesting and the restrictions placed on LPRCA activities by NCC. MOTION A-125/18 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors directs staff to contract an access road at Rowan Mills forest tract for future access for timber operations. Funding is to come from the 2018 forest revenue. CARRIED MOTION A-126/18 moved: D. Brunton seconded: R. Chambers THAT the LPRCA Board of Directors receives the General Manager's Report for June 2018 as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 4- b) TIMBER TENDER— HARLEY TRACT (LP-306-18) Two bids were received by the deadline and were within the expected range. MOTION A-127/18 moved: R. Geysens seconded: L. Bartlett THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey for marked standing timber at the Harley Tract— LP-306-18 for a total tendered price of $61,000. CARRIED c) MARKETING UPDATE Staff reviewed the report and provided further explanation of some of the events. MOTION A-128/18 moved: L. Bartlett seconded: R. Geysens THAT the updated marketing initiatives and outreach and Calendar of Events are received as information CARRIED d) GYPSY MOTH OUTBREAK The Chair noted that there has been significant damage caused by the gypsy moth this year and has reached out to Adam Biddle, Norfolk County Forestry Supervisor, for his assessment. Staff was directed to assess the damage to LPRCA properties and provide a report to the Board. MOTION A-129/18 moved: D. Brunton seconded: D. Beres THAT the LPRCA Board of Directors does now enter into a closed session to discuss: O a proposed or pending acquisition or disposition of land by the Conservation Authority O litigation or potential litigation, including matters affecting the Conservation Authority CARRIED MOTION A-130/18 moved: N. Haydt seconded: L. Bartlett THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 5- MOTION A-131/18 moved: D. Beres seconded: N. Haydt THAT the LPRCA Board of Directors receives the Property Matter Update - Tillsonburg as information. CARRIED The Chair adjourned the meeting at 9:20pm. • . 11kLr- M' ael Columbus Dana McLac an - 'hair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 6- Municipality of tor HA fil BAYHAM 4p' A: P.O. Box 160, 56169 Heritage Line = Straffordville, ON NOJ 1Y0 ► T: 519-866-5521 F: 519-866-3884 �:b�o ��1}'�y E: bayham@bayham.on.ca 1'tUnity IS W:www.bayham.on.ca Farm Credit Canada — AgriSpirit Fund Straffordville Community Centre — Accessible, Portable Stage & Chairs The Municipality of Bayham, in partnership with the Straffordville Hall Foundation, is proud to announce the receipt of$18,500 from the Farm Credit Canada (FCC) AgriSpirit Fund to be utilized for the procurement of an accessible, portable stage and new chairs for the Straffordville Community Centre. Farm Credit Canada (FCC) is giving $1.5 million through its FCC AgriSpirit Fund to 84 community groups across Canada to support rural capital projects. "The FCC AgriSpirit Fund is about helping community-minded individuals and groups undertake projects that enhance the quality of life in rural Canada," said Sophie Perreault, FCC Executive Vice President and Chief Operating Officer. "Our employees care about the communities where they live and work, and we share in their pride and sense of accomplishment by lending a helping hand." This year, the FCC AgriSpirit Fund awarded between $5,000 and $25,000 for community improvement projects that enhance the lives of residents or contribute to sustainability in communities. "Through the contribution of funds from the FCC AgriSpirit Fund and the continued partnership with the Straffordville Hall Foundation the Municipality continues its efforts to rejuvenate community space and show residents and visitors alike that the quality of place in the Municipality of Bayham delivers an excellent rural experience," said local Mayor Paul Ens. "This is a great achievement for our community, and we look forward to the enhancements and additional uses the new equipment will provide for many years to come!" The Straffordville Hall Foundation, is a dedicated and accomplished community group, who volunteers and manages the Straffordville Community Centre, in conjunction with the Municipality of Bayham. The Straffordville Hall Foundation has donated over$130,000 towards the betterment of the Straffordville Community Centre. For further information, please contact: Municipality of Bayham 519-866-5521 bayham(a�bayham.on.ca Background Information What is the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement? In 2005, Ontario, Quebec, and the eight U.S Great Lakes State signed the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement' (the Agreement) in order to strengthen the protection and conservation of the shared waters of the Great Lakes basin. The Agreement, along with the corresponding U.S Compact'(the Compact), commit each jurisdiction to a ban on diverting water outside of the Great Lakes basin. They also contain commitments for regulating water use based on common environmental standards, implementation of conservation programs in each jurisdiction, and enhancing information and science to support water use decisions. How are exceptions granted to the ban on diversion of water from the Great Lakes Basin and what is a Regional Review? The Agreement has exceptions to the ban on diversions for communities that are close to or straddle the Great Lakes basin boundary, if they meet strictly regulated criteria. Communities that qualify may submit an application for a water diversion to its State or Provincial government, which evaluates it against the Agreement criteria before approval is granted. In some cases, the proposal must also be reviewed by the Regional Body, made up of the representatives of all Great Lakes States and Provinces. The Regional Body issues its findings for the State or Province to consider in making their approval decision. This process is referred to as a "Regional Review". If the proposal comes from a U.S. jurisdiction, it may also need unanimous approval by the Compact Council, made up of the eight Great Lake States. What are the procedures to be followed in conducting a Regional Review? In 2010 the Regional Body developed Interim Procedures for conducting a Regional Review of a proposal to divert Great Lakes water to a community that is close to or straddles the basin. The Compact Council also developed Interim Guidance to guide its approval process. The Interim Procedures and Guidance provide direction on what information should be included in an application for a diversion of Great Lakes water that is subject to a Regional Review, on what opportunities are to be provided for public and stakeholder input during a Regional Review, and on the involvement of Tribes, First Nations and Metis communities. What is the Procedures Update project and how can you provide input? On September 1, 2017 the Regional Body and Compact Council initiated a project to update the Regional Body's Interim Procedures and Compact Council's Interim Guidance. The content of the Agreement itself (e.g. the allowable exceptions for water diversions and their associated criteria) is not being reviewed. 1 http://www.glslregionalbody.org/GLSLRBAgreements.aspx 1 The project is a collaborative process by the Regional Body, which includes representatives of the States and Provinces, and the Compact Council, which includes the U.S. states only, with input from the public, stakeholders, and Indigenous communities. A 30-day comment period is being held on the proposed updated Regional Body Procedures and Compact Council Guidance and Rules from September 10 - October 10, 2018. Please visit the Regional Body website (http://www.glslregionalbody.org/ProposedUpdates.aspx) to view the proposed updated Procedures and for information on how to submit comments. All input received during the comment period will be reviewed by the Regional Body and Compact Council. Further updates will be made if needed prior to adopting a final version. Why is the Regional Body and Compact Council reviewing these procedures? In January 2016, the first proposal under the Agreement for a Great Lakes water diversion was submitted for Waukesha, Wisconsin. As a community outside of the basin but in a straddling county in the U.S., the Waukesha proposal was subject to both Regional Review and Compact Council approval. The review is aimed at addressing lessons learned and responding to public, stakeholders, and Indigenous concerns heard during this process. What are the key changes being proposed to the Procedures? Some of the key changes the Regional Body and Compact Council are proposing based on lessons learned and feedback received include: • Indicating that the Originating party will notify the other jurisdictions of the receipt of any application for a diversion. • Allowing for additional public meetings or Hearings of the Regional Body and Compact Council outside of the jurisdiction where the diversion is proposed. • Providing a separate meeting with Tribes, First Nations and Metis communities prior to the public meeting or Hearing in the jurisdiction where the diversion is proposed. • Noting that if additional time is provided to jurisdictions to submit a technical review, the public comment period shall be extended by the same length of time. • Clarification of what documents are included in the complete administrative record, including all documents which were relied upon or otherwise considered as part of Regional Body findings and Compact Council decisions. • Specifying that if the Compact Council's Final Decision on a diversion proposal contains provisions or conditions unrelated to those previously made available for public comment, an additional comment period shall be held on those provisions. • Setting out Rules of Practice for Administrative Appeals of Compact Council decisions and a process for the Compact Council to modify its Final Decision. • Including a placeholder to outline a process for the consideration of regionally significant or potentially precedent setting proposals. 2 $AYH.4 - gilicol,, I\A t 41 411W, 0 4'W Ortunity IsIN, ► Municipality of Bayham 2018 Volunteer Appreciation The Council of The Corporation of the Municipality of Bayham is pleased to invite all Bayham volunteers to attend a Volunteer Appreciation. The 2018 Volunteer Appreciation will be held at the Straffordville Community Centre on Thursday, November 15, 2018 from 6:00 p.m. — 7:00 p.m. This is an opportunity for Council to thank volunteers for the time and commitment dedicated to the betterment of the Municipality. Help spread the word. Please share this invitation with other volunteers. Council looks forward to seeing you at the Volunteer Appreciation. For more information, contact: Margaret Underhill Deputy ClerkiPlanning Coordinator munderhill@bayham.on.ca THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z679-2018 BAKER 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 Section 10.12 Exception — Village Residential (R1) Zone by adding the following clauses: 10.12.12.1 Defined Area R1-12 as shown on Schedule "I" Port Burwell to this By-law. 10.12.12.2 Minimum Lot Area 222 m2 10.12.12.3 Minimum Lot Frontage 0.0 m; A private right-of-way providing vehicular access to Robinson Street is required. 10.12.12.4 Maximum Building Coverage 38% 10.12.12.5 Minimum Side Yard Width East property line 1.0 m; west property Line 1.6 m 10.12.12.4 Minimum Rear Yard Depth 2.4 m 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "I" Port Burwell by changing the zoning symbol on the lands from Village Residential (R1) to site-specific Village Residential (R1-12) Zone, which lands are outlined in heavy solid lines and marked R1-12 on Schedule "I" Port Burwell to this By- law, which schedule is attached to and forms part of this By-law. 3) 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 Local Planning Appeal Tribunal. READ A FIRST AND SECOND TIME THIS 20th DAY OF SEPTEMBER 2018. READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK i SEE SCHEDULE:A-MAP No.14 Zi r SEE SCh DULEA-MAP No.13 • , r ' ,� `'- ' _. .-__ SQA 'T *4,.; -' 1.IBBTEST;, $ ... 1+,h SEE INSEZ MAP �—_..— " __.... 3S" ' INSET MAP ,n '"..` S,., w:arFxraosr II4V'iIIIST i ,,,, 1 r 1 - _. ....._I __. £,,;'"; R1-12 A � 1—: —. i ti _F.. - ....� 1 c :_. , Q ',�, 1 x m 7 { "\} This is Schedule"I"to By-law 1 1. No. Z679-2018, passed the t;1.,_ g 'N, day of , 2018 1 , .� _ - yil I 1 Mayor Clerk s}• >; r .. �.. ..---..-,e-,.-,..-m-Nor,rs-�.-�..--me '.E— ..--+sr—ms- -I MUNICIPALITY OF BAYHAM Legend Allk SCHEDULE I © zetA NORTH PORT BURWELL � RCAReguia:ionumttc. leo zoo <oo ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z680-2018 GALE 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 "H" Vienna by changing the zoning symbol on the lands from Village Residential (R2) to Village Residential (R1) Zone, which lands are outlined in heavy solid lines and marked R1 on Schedule "H" Vienna to this By-law, which schedule is attached to and forms part of this By-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 Local Planning Appeal Tribunal. READ A FIRST AND SECOND TIME THIS 20th DAY OF SEPTEMBER 2018. READ A THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK SEE SCHEDULE A-MAP No.11 �y y 0 1 / , \ t, 1 l rr f r ( 1 1 1 0 / \{ QUEliA,L2. I I. -_._.. t 1 i I �\ \sr • I I { - 1 J r I /, AAV ST ti R1 rr I . SEE SCHEDULE A-MAP No.11 2, .1; CB�1TE LTk R: A, o / i ..' -pFtiFi rr /' / COAPt 57 I N I A14.43,4 Re I f k9v • p SEE SCHEDULE A-MAP No.11 i �nZT ' sr.4 s 1 41,. This is Schedule"H"to By-law No.Z680-2018, passed the ''.454,, \. day of ,2018 s.� : SEE SCHEDULE A-MAP No.14 '''':'-.....‘,1\: Mayor Clerk MUNICIPALITY OF BAYHAM Legend SCHEDULE H 0 ZBLA N- VIENNA I_' LPRCA Regulation Limit 0 100 200 400 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017Metres THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-085 BEING A BY-LAW TO ADOPT MUNICIPALITY OF BAYHAM SPEED LIMIT ASSESSMENT POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy to maintain speed limits on Municipality of Bayham roads; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Municipality of Bayham Speed Limit Assessment Policy be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Municipality of Bayham Speed Limit Assessment Policy attached hereto as Schedule "A" and forming part of this by-law is hereby adopted; 2. AND THAT this by-law shall come into force and take effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-086 BEING A BY-LAW TO AMEND BY-LAW 2014-095 A BY-LAW TO AUTHORIZE A SITE PLAN AGREEMENT WHEREAS the Council of the Municipality of Bayham on the 4th day of November 2004 enacted By- Law 2004-095, being a by-law to authorize a site plan agreement on lands identified as 14769 Bayham Drive; AND WHEREAS the Municipality of Bayham enacted a Site Plan Control Area By-law pursuant to Section 41 of the Planning Act; AND WHEREAS Council is desirous of amending By-Law 2004-095; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule"B" of By-law 2004-095 be removed and replaced by Schedule "A" attached to and forming part of this by-law being plans showing the location of all existing and proposed buildings and structures and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required as per the site plan agreement; 2. THAT in all other respects By-Law 2004-095 is hereby confirmed and remains unchanged; 3. AND THAT this By-law and Schedule "A" be registered on title to the subject lands READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF SEPTEMBER 2018. MAYOR CLERK RR AmRn°[..99xR� n[ \\>$t �1„1,;:r:"'"' TOPOGRAPHIC SURVEY VEY PART OF LOTS 19 AND 20 CONCESSION11 ° ""° 'm'".'''' 9, „ P' \�'\.t• ,a' GEOGRAPHIC TOWNSHIP OF BA11-1.4 M MUNICIPAL/TY OF r COUNTY OF ELGIN ':_° --ft1.4,..-- n., -w.. .r.[x, J ' '4.\\ C°+',c (PART 1, 11R-8922) ACTUAL NORTH .t+° '•-:_ .p.' SCALE t:R00 srRRn Ru9xnox w,x.i 8929 \\'T' METRIC e�' E°°",'o'aR n° er o..,o.. r"" RAn ^as' �.'a ,�. KIM RUSTED SURVEYING LTD. o l ''/b' . \, \�ti'an. NOTES .a..rw... ".. ..Nr,.",.» fim. . .x[... R ,y i *'-.,,t r ,I a ("."ro ter)«��w . w— --------- ...-4"--2 ''' y " 4, °~ .9, •P ,t,P, \\., x��m[sx[eow,�, %w,r cw,".,w., _ is.r..m,......,..,... „ .r.°, . , ice.,. ..''''5'";', ,' y ''''4-•:.'..-.` �, ar.,a_,...' » ro A,Rr .a.,. m ,u,.,":;u..;o,. ... wmn;a„ PPR ,..a �g� q ,,," ,a-<\'\''''," d' °°aa --,�'i • ,•,s/-'�\:S^ \ ,'� '^ SURVEYOR'S CERTIFICATES x L/\/� j;,,,./T.;;-<•:"&"(0- ,�� �6 e5 s�� 'Y ,a '.6,,...:::,. ........'' �'✓' \ ‘,„,`t,?: �` ° lb ,.0 ar u zo, L B ,'d ./meq ;$,9°S�::'"a\-,,:\ �a°.M.»'' a°''a 1,, 21,a,\.),\" \ A'q'° `-",1 \ ;:° - �,aQ °', ���\' ' '' "„ ',,,, ° ,/ `\\a'\\.,X 5&oo w" ax,. ..xxm�x .. ""'''."' 0 h ,,- ao.. /aaa , SA \\ 6 s ." ) \ :.x_7, " '; ;% `'' ,'r / BRAUNZ s ^' �\,''„,,,t,-,..,--6 '' ,,,, '\\ \ ;a j'woq[°yya,.oa..°' 1 ,,, „',• ,a r,' .- Amo CONSTRUCTION PO' ^te ,c/�R�+I \`,"'a \ ,°,°^q ro��''° rt. \\"\\.\v`9 \o 1 183 TILLSON AVE. ,' �O ,> 0.. 404 '0;0 4 ''a �� ,, , ., I'yo N�''''Kra•'q 1:r Tlusox TER ER e.ONTARIO,1 381 Ute} ,,,,,,-,,,'.411">::9� ��i \p `� y yy i[[ 519SSOIfiY, /�" \,� / /,, w ,2 ,' o:.'^ \d ,a .as \ a C.''° ,a sI. \ {, , , o.oL �Y '•i 0.4.0 °." ,.;, \\\\a 'a 1"0 2473153 ONTARIO INC. \Y\ry: +' \\\�K\.. .,.fo%,�°na. i''` E.. ,es ,.aw y� a' �-e .. ,"'� o,\�\``,@�\,a t. m 210nE1m'ILLE EON AERIO NDJ BOX 98 G\ +, ' \\ \NAL. .'a ,Y" /1 p,, 'a I'y "'` //,,,, 'a\ �II/ �jb `L519 9'19 653\<q s\i\�, °'. , \\ \ / ° pH • a �..*` u .o / N t ,a6 c,.''♦>i� Enx[i.;9LaswAxR[x9w[[wxR ca ADDITION ` ;4 ito f- \\ ° ,°, r :'''aV'V, a ','f,e . e.. {,tip ,, a,' °'.e \ ,.a s \' -‘,,,f,' ''`. ,-0,::\ \ , ,d/dryli+, , moi"+ / / / \ rnoroa[o.om�ox vie.ewz,so is ew¢a a[auincoi[o raonoro \ \ \, +'\ --/ / \ vr,[nr NOTES: auiuioeizi ' \9 \ •• / \ I�`� ' d9' \„\ \\\ 1, a,ai ° / \\ ....".°x., O.° ,......��[... .x,w...°..,.,,.°.,,., ....rr..wr..a. �`\ \®P a,, r' ,a 9° ',,.Ya\\\ \N, ;• a'_!:� /' / \\\ c.x,o ;I.-..,» [r..M'.°o.«,.,°,°..,,,,... (��� • ,•••, za ,, \` +' -PPR1/ // %p- .,or.o<.'R.n..roa.. C3rTTTTTIVT: .a soy* , . d'.AS, ,"moi``.;'-�0,/ RNE I OD YEW Si11.11.E.R.M yaJ.„ '' ,+f' , y,dj�y, i,r,'/ / a~\/ O ea... o,„�,r --o.a'... 14769 DAYNAN DRIVE �P ,a. + TILLSONRIIRD,ONTARIO,N4G 4G8 ' w•A\ ,Jt .''� a..a+x UOa..YO°'��_-.S �� PPR z.,,e.. ' i[[:Isl9ie&Ieea ' 'y -0"/ ,', "'cam' V` sn[xSTATISTICScmxwc SSVV TAUS: /� ,/ `s, ''' ''R. '.7 AV- 0 / t pXo°oXueGe .wx,. PROPOSED DEVELOPMENT /��'M / SITE PLAN '? +'�'':.� PARi� u v ”` S. / 6 / .omu 'L3, ,o.".:,;-t---..Y.':°,0 / RARi /� mu" ,.,..e.a,. 0...,.°.° 11.11C1 7.$111 NOMA V, %R/ I / p \\� 5 J PPIIRIDR BIN YARD...KRUM 11.a. 2%.9.1E111 LOP..w.,x x,x,x"x 1..d e...,.- m �,r..° ❑❑ THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-087 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD SEPTEMBER 6, 2018 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 September 20, 2018 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 20th DAY OF SEPTEMBER, 2018. MAYOR CLERK