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HomeMy WebLinkAboutZoning By-law No. Z262-1991 FORM 1 PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE TOWNSHIP OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Township of Bayham passed By-Law No. Z262-91 on the 19th day of September, 1991 under Section 34 of THE PLANNING ACT, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Township of Bayham not later than the 15th day of October, 1991, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies, and a Key Map showing the location of the lands to which the By-law applies (or, alternatively an explanation as to why a key map is not provided) are attached. The complete By-law is available for inspection in my office during regular office hours. DATED AT THE TOWNSHIP OF BAYHAM THIS 25TH DAY OF SEPTEMBER, 1991. William Bogue Clerk Township of Bayham Box 160 STRAFFORDVJLLE, Ontario Nal 1Y0 EXPLANATORY NOTE The purpose of By-law No. Z262-91 is to change the zoning on a parcel of land comprised of approximately 121.41 m2 (1307 f ) on the south side of Main Street just west of County Road No.46 in the Hamlet of Corinth, from the Hamlet Commercial (HC) Zone to the Hamlet Residential (HR) Zone. The effect of this By-law will be to recognize an adjustment in lot lines between existing Hamlet Residential and Hamlet Commercial uses. Township of Bayham KEY MAP LOT 5 LOT 6 Con. zx Con. X ie. CI d Q C4 g IIQ U AlA IN sR��rIIIII CPN N�1Ia� NV_ ta D G�,t,Po ...i - _ SUBJECT LAND ........„......,,,,,r1 HAMLET OF CORINTH THE CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. Z262-91 BEING A BY-LAW TO AMEND BYLAW NO. 2387 WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to amend its Zoning By-law No. 2387; THEREFORE, the Council of the Corporation of the Township of Bayham enacts as follows: 1. THAT By-law No. 2387, as amended, is hereby further amended by amending Schedule 'C', Corinth, by deleting from the Hamlet Commercial (HC) Zone and adding to the Hamlet Residential (HR) Zone, those lands enclosed in heavy solid lines and marked HR on Schedule 'A' 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 Township's Clerk within the time prescribed by the Planning Act, 1983 and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act, 1983 and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 19th DAY OF SEPTEMBER, 1991. READ A SECOND TIME THIS 19th DAY OF SEPTEMBER, 1991. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF SEPTEMBER, 1991. MAYOR CLERK LOT 5 LOT 6 Con. IX Con. X MI s HR fir I — _L .. i rI mg `-`w_ Fe --~_ � V --___,..,' i ,....._., - ,_,---_ - 'iIThiN �__ r.----- . . 0 \\.., Gpt,P��pN �r 0 d a a z 11111 0 LOT 5 111 LOT 6 Con. IXIIIIII Con. X a This is Schedule"A; TOWNSHIP OF BAYHAM to By-law No. 2 262-93passed the SCHEDULEIIC'I 19th day of September, 1991 9 125m 250m f Seale: 1:5000 iv 6,,,,,, REEVE CLERK CORINTH FORM 1 PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE TOWNSHIP OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Township of Bayham passed By-Law No. Z262-91 on the 19th day of September, 1991 under Section 34 of THE PLANNING ACT, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Township of Bayham not later than the 15th day of October, 1991, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. An explanation of the purpose and effect of the By-law, describing the Iands to which the By-law applies, and a Key Map showing the location of the lands to which the By-law applies (or, alternatively an explanation as to why a key map is not provided) are attached. The complete By-law is available for inspection in my office during regular office hours. DATED AT THE TOWNSHIP OF BAYHAM THIS 25TH DAY OF SEPTEMBER, 1991. Wintry d h 3� 2777-77—..._z.TiO'� " Ontario • — --.._.. . _ -7We are replying to your lettel' With marginal notations on the ; :7-0:3 �,2_,_� , _ , i:.',1:::: Uttar Nall. 1 i 'this i..9orraal meted metal; 7_177 _, pc:siAe iFsmediate response i : Y .-- —and we irpa you will agree -. - — _ -. ----f—` that promptness is more Impoil• ----___,"_�---- tant than formality. Many Thanks. y William Bogue 9 Clerk m Township of Bayham ,et..--door t ••-`•-t Box 160 ems+ STRAFFORDVIIIP, Ontario NOJ 1Y0 i q •.i..1,,. , E � teyp� C�` Z i Pli 1ani I99i TOW NSIDI S. :aA.D. a/'•`r. Engineering Services Southern Ontario District Suite 404 277 Front Street West Toronto, Ontario M5V 2X7 9 September 1991 Our file: 4500-B-13 Township of Bayham P.O. Box 160 Straffordville, Ontario NOJ IY0 ATTENTION: W. Bogue, Township Clerk Dear Sir/Madam RE: Proposed Zoning By-Law Amendment, Bill & Carol Berry R.P. 97, Lot 5, Hamlet of Corinth We acknowledge receipt of your letter requesting comments with respect to the subject proposal. In general, the Railway does not favour the introduction of residential developments in the immediate vicinity of our rail operations due to the obvious incompatability. For your advanced information, any residential development proposed, adjacent to our Cayuga Subdivision, which is classed as a Secondary Mainline and would be expected to comply with our standards for noise, vibration and safety is attached. In view of the minor circumstances, the Railway only specifically requests a 30 metre setback and our "Warning Clause" (Item "E"). Our remaining conditions are safety suggestions offered on behalf of the Railway, for the Applicant's consideration. By this letter we formally request receiving Notification of Passing of the implementing By-Law. If you require further clarification, contact Mr. D. A. Bonnell at (416) 860-2504. Yours truly 4i:1;• D. A. Bunnell .E.T. For: P. J. Penney Engineering Officer a MB/T6116 „ 00000000,,.`. Cart\i SECONDARY MAIN LINE REQUIREMENTS A. Noise berm,or combination berm and acoustic fence,adjoining and parallel to the railway rights-of-way and having returns at the ends: (i) Minimum total height 4.5 metres above top-of-rail. (ii) Acoustic fence to be constructed without openings and of a durable material weighing not less than 20 kg.per square metre(4 lb/sq ft)of surface area. Note: The Railway may consider other measures recommended by an approved Noise Consultant satisfactory to the Railway. B. Safety setback of dwellings from the railway rights-of-way to be a minimum of 30 metres in conjunction with the safety berm noted below. In the absence of a safety berm, we require a dwelling setback of 120 metres. C. Ground-borne vibration transmission to be estimated through site testing and evaluation to determine if dwellings within 75 metres of the railway rights-of-way will be impacted by vibration conditions in excess of 0.14 mm/sec RMS between 4 Hz and 200 Hz. The monitoring system should be capable of measuring frequencies between 4 Hz and 200 Hz,±3 dB with an RMS averaging time constant of 1 second. If in excess,isolation measures will be required to ensure living areas do not exceed 0.14 mm/sec RMS on and above the first floor of the dwelling. D_ Safety berm adjoining and parallel to the railway rights-of-way with returns at the ends, 2.0 metres above grade is required despite none being required to address the Railway's noise concerns. E. The following clause should be inserted in all offers to purchase,agreements of sale and purchase or lease and in the title deed or lease of each dwelling: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity,notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on,over or under the aforesaid rights-of-way." F. Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. G. The Developer shall install and maintain at his own expense, a chain link fence of minimum 1.83 metre (6 feet)height along the mutual property line,which shall be maintained by the Owner. H. The Owner shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety berm, fencing and vibration isolation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN Rail. I. Pursuant to the Planning Act, the Municipality shall provide this office of the Railway with written notice of the public meeting,by-law and passing of the by-law appropriately zoning the lands hereby proposed for subdivision. J. The Owner enter into an Agreement stipulating how CN Rail's concerns will be resolved and will pay CN Rail's reasonable costs in preparing and negotiating the agreement. 01/91 00.111i, elgin st.thonnas 99 Edward Street Telephone: (519)631-9900 '4111, health unit St. Thomas,Ontario N5P 1Y8 Fax: (519)633-0468 Verna M.Mai,MD,MHSc, FRCP(C) Director&Medical Officer of Health September 6, 1991 Mr. W. Bogue, Clerk Township of Bayham P.O.Box 160 STRAFFORDVILLE, Ontario NOJ 1Y0 Dear Mr. Bogue: Re: Zoning By-Law Amendments; Owner - Bill Berry; Lot 5; (Hamlet of Corinth) Bayham Twp. We have no objection regarding zoning by-law amendment. Yours truly, ,. . / y!t -,g4. % s D. L. Holmes, C.P.H.I. (C) , C.E.H.A. Assistant Director Community Health Inspection Service DLH:kt f 1, .: !. • 5Q ..r,g F°° 1971 ,.a t .) CV _ "ug111, f:.i141.PM4."--- 1�► �I. Aylmer: (519)773-3969 so CqToWVSHIP OF BAYHAM ' t 2'16s..) Nanarat P.O.Box 160 li—i t'iesourcee ,` Ontario Straffordvilte,Ontario NOJ 1Y0 • telephone (5t918 6-5521 • fax(519)866-3884 -\ 1 We are replying o Your —with margins!notations on ih6 f fOLIT2 f:1G eglr p4 Ati' ;.,,;r., .: .... letter itself. Planning Act , 1983 ' � 1 � This informal method makes NOTICE OF A 1 I ! possible imnrediaie response PUBLIC MEETINGr ' --and we hope}'or:will agree 71* AUL; 2 . 1991 i..i,, that pra+n�atress is more Impol' To Be Held By BAYHAM TOWNSHIP COUNCIL i_.. gent thin corn a',:y. , (-Yrs r TIT lis. / : Respecting proposed -1--_ , �4(j��6.c..L i Zoning By-Law ' Amendments .. _._ w __ ,_...__.__._._ (. .,;:',405: / ---- +(C,-,Y T TAKE NOTICE that the Council •of the Corporation of the Township of BAyham will hold a public meeting for the purpose of informing the public in respect of proposed zoning by-law amendments to be considered in accordance with the provisions of The Planning Act .. The Amendment to be considered is as follows : APPLICATION- BILL ANI) CAROL BERRY:-- R.P. 97, Lot 5 (Hamlet of Corinth) to change the zoning of a portion of their property from Hamlet Commercial to �. Hamlet Residential . This will permit the enlargement of an adjoining lot and will facilitate the severance by the Elgin County Land Division. Committee. The. Public Meeting will be held in the Council Chambers at Straffordvile commencing at 8: 30 P.M. on Thursday September 19, 1991 . Any inquiries prior to that date may be directed to the Township Clerk (866-5521) W. Bogue ., ;,:cTownship Clerk i; ., d,.'` .' , ', V. Box 160 1 . ,. .- r.. ... Straffordville , Ontario ,. -, -a-1' . NOJ 1Y0 6." ,.' .. '..,.--' ;.J. . K /r .,..., William Bogue,A.M.C.T. James Gibbons Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent TOWNSHIP OF BAYHAM „Q P.O.Box 160 1B0 Straffordville,Ontario NOJ 1Y0 telephone (519)866-5521 • fax(519)866-3884 ! 'x &A YHA' Planning Act, 1983 NOTICE OF A PUBLIC MEETING To Be Held By BAYHAM TOWNSHIP COUNCIL Respecting proposed Zoning By-Law Amendments TAKE NOTICE that the Council of the Corporation of the Township of BAyham will hold a public meeting for the purpose of informing the public in respect of proposed zoning by-law amendments to be considered in accordance with the provisions of The Planning Act . The Amendment to be considered is as follows : APPLICATION BILL AND CAROL BERRY:- R.P. 97, Lot 5 (Hamlet of Corinth) to change the zoning of a portion of their property from Hamlet Commercial to Hamlet Residential. This will permit the enlargement of an adjoining lot and will facilitate the severance by the Elgin County Land Division Committee. The Public Meeting will be held in the Council Chambers at Straffordvile commencing at 8: 30 P.M. on Thursday September 19, 1991 . Any inquiries prior to that date may be directed to the Township Clerk (866-5521) W. Bogue Township Clerk Box 160 Straffordville , Ontario NOJ 1Y0 William Bogue,A.M.C.T. lames Gibbons Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent _____"l ---. LOT 5 LOT 6 Con. IX SEE MAP NO. 4 Con. X Al FD HR ■ HR HC of imiT. Rir - Al ', , . ~~w ~~ `LHR OS- w f" N — may -y: : � t--- -_ _ia- HR , _ z ___ w ,D, = 0 Ilic, I Rp` 01°‘ '‘._____ HR-8 ,.---.....,. IN- to z c) a FD f- z Al HR LOT 5 LOT 6 Con. IX SEE MAP NO. 10 Con. X TOWNSHIP OF BAYHAM --I This is sonedule"c; �SCHEDULE'iC" to 13y-law No. 2387 passed the _ 7th day of January ,19$8. 9 125m 250m Scale: 1:5000 MAX STEWART J.A. PETRI E CORINTH REEVE CLERK • TOWNSHIP.OF'BA HAM tie�o P.O.Boz 160 . • • Straffordv111e,Ontario NOJ 1Y0 • telephone(519)866-5521 • 'hoc(519)866-3884 • �RYHA"n t. • • August 22 , 1991 • • • The •Tilisonburg News ' ,r. . • P.O. Box 190 Tillsonburg, Ontario ' N4G 4116 , Gentlemen ,. 4 Please print the following :advertisement ': in, youl'; issue of August 26, 1991 . + t' :Planning. Act j19!83 7 ' OP ° • a PUBLIC MEEPING-' , . ..To Be 'Held;'>1yr 'BAYJIAM 'TOWNSHIP• COUNCIL.. ' Respecting •Proposed : • ' TAKE NOTICE that the Council of the 'Co. pbta.tidn.' of the:'Township of Bayham will hold a public' meeting'fore=the ,purpose .ofKJ`informing' the 'public in respect' of proposed, zoning .by-law' amendments to be considered' .• in accordance with the provisions of"The 'Planning,Act:. The amendments • to be considered are a,s follows • ' APPLICATIONS : A , . BILL AND CAROL BERRY:- R.P. '97 ,• Lot ,5 ,(Hamlet' Of'.Corinth) to change . '• the zoning of a portion of their `property from Hamlet Commercial to ' Hamlet Residential.` :: This will:',permit•.the- enuargetttent of: an adjoining ' . lot and will facilitate the'rseveratnce by_: the. Elgin • County ,Land • Division Committee. ,, . i t •':..CONTINUED. . . . . r. . William Bogue,A.M.C.t. James Gibbons "` ";Lortalni Monte '`Dwayne Daniel Clerk Treasurer Road Superintendent 'Tax Collector Chief Building Official ' By Law Enforcement Officer • • - • Drainage Superintendent , t • RAGS 2 ' - MITCHELL FARMS IND:- Concession` N`.T'.lt r .Lot' 117 to •change..the-zoning ; • on a portion of their property from 'Agriculture- ,(A1) .;to Rural Residential (R.R. ) . This willfacilitate. the severance •Of a ''Surplus farm house by the Elgin County Land Division Committee:; : • � The Public Meeting, will .be •held in the;".Council Chambers at , Strafforidville, commencing,-at,':$s30_',P.M. on' Thursday;' SEptember 19, 1991 . Any .inquiries. prior to that date; may .be directed to.•the • Township Clerk (866-5521) .W , ''Bogue - Township glerk , ., • Box' '16Q, ` Stra :fgrdv l:Te.►. Ontario _ ti ••Yours • truly k' ? u.' Wmm' Bogue • CIerk ' • • �. � a • •- u* ... ' 1 ' ' • ` L , ' ' IUMI.I ! I' UI ' BAYHAN d (4, Moved by l �e C(111 41 by ---). 1'r That u,t .crud e.se,4,47 Cn,.v ,Gf (2,44.4.a ! 1i4n.r,j c l w e.45'LL; -44) 'Jo. . 9 .7 /cal • e ,, . ,A . 7 Carried Reeve The Planning Act, R.S.O. 1970, chapter 349, section 35 (10) APPLICATION FOR ZONE CHANGE BY AMENDMENT TO RESTRICTED AREA BY-LAW NO._ 2387 TOWNSHIP of BAYHAM _.___ in the COUNTY of ELGIN (Name of Municipality) {Name of Region,County or District) NAME OF OWNER:3tt-(k C oL 6E MY NAME OF APPLICANT: . 11. 1-* ADDRESS: t+ PY+ ER LADDRESS: --�- ] - ___-- (91\k:1--- N 6(- -a R% TELEPHONE: g 6 &^ S6 9 TELEPHONE: f RE, LOCATION OF REQUESTEkZai NE/ Lt CHANGE r Street and Civic Address: 4J```. FOR OFFICE USE ONLY Lot Number: .3 Registered Plan Number 9,-7 Application Number: Township Lot: Concession Number 9 NOTE: A legal survey plan or a property plan accurately drawn Date of Submission: to scale will be required when the application is submitted. DIMENSIONS OF LAND AFFECTED Checked By: Frontage: i 4:::::"F � t Average Width: IC) 64E - Average Depth: ( \ FE-4� Date of Acceptance: Area: (square feet) . 3 0 (acres) Official Plan Policies: LAND USE { Existing Uses (if any): k��i T C a Proposed Use of Land: "4Uk LT Adjacent Land Use: t � - \ kes " ` Existing Zoning: /PROPOSED DEVELOPMENT 1 _ —•_ 1. RESIDENTIAL INFORMATION (if applicable) / Proposed Zoning: Number of Units: • Number of Storeys: ' Pertinent Restrictions and Ground Floor Area: / Remarks: / Type & No. of Units: Bachelor_____1 Bedroo "_2 Bedroom 3 Bedroom Bedroom No. of Parking Spaces: (surface) (underground) (see zoning by-law for requireme s) Connected Services: 2. COMMERCIAL & !NDUSTFIAL INFORMATION (if applicable) ' Dimensions of Building: Water `� Sanitary Sewer❑ Total Floor Area: (al Dors) Storm Sewer LI No. of Parking S ces: -, Physical Development to Start and End: General Comments: {approximate time) - Brief S 'mart' of Reasons for Requesting Change: J `. -----1 PLANS REQUIRED: IT WILL BE NECESSARY TO SUBMIT PRELIMINARY SITE PLANS FOR THE DEVELOPMENT AT THE TIME OF THE FILING OF THIS APPLICATION. ....) 6 ..._,,. /:- / --- ,,), L 2,_ 4 q ( {Signature of Applicant) (Date) ( v -____ Submit 1 Copies of Application and Plans `IC /10 A: 4-1D r rI i L r a3 g" ._�..�.�_. } E f � � -/f/474eT &n m Ex!cd/14. ta aOP0.5 017 Lr a � y `f iC' ,,.Am''r1-ri,L I s c i) 2-f irk L ff,r C rtJ C�=.is. AI t 1' .. " .: A.r' Al) 9 7 1 141, .r-ati F-7 TOWNSHIP OF BAYHAM '850 n,O.sox I60 4,430 Straffordville,Ontario NOJ 1Y0 telephone(519)866-5521 • fax(519)866-3884 \ 1 eAYHA�` August 19th, 1991 Cumming Cockburn Ltd. , 350 Oxford St. West, Suite 203, London, Ontario N6H 1T3 Attention: Gary Blazak . Dear Gary: Enclosed is an application for Zoning Amendments for the following: 1 . ) Mitchell Farms Ltd. .(a) Application for zone change (b) Applicants sketch (c) Copy of Zoning Map No. 32 20 ) Bill and Carol Berry (a) Application for zone change (b) Applicants sketch (c) Copy of Zoning Map Schedule "C" Corinth A public meeting for these applications is scheduled to be held Thursday s 'wr Is' 1991 • Yours very truly, Wm. Bogue, ',Clerk, Treasurer WB/dn • William Bogue,A.M.C.T. James Gibbons Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent e _4±-2er Yle6- 267 if# „AL „ • 4('61-/ _./azz.e_cetz4,412_._zo _.2, PAckce".34i _ _A6141.66.1 e_Aonimiz,Lzt:gici 4 .4.Le.e:J _.efte,:"/ yme4.,(„ iy24A6Litd-- 44, 2Z t , 47-, C..adf 41A. 44447 /Of '-L . 42 7j SECTION 9 - HAMLET COMMERCIAL (HC) ZONE REGULATIONS 9. 1 PERMITTED USES No land shall be used and no buildings or structures shall be erected , used or altered in the Hamlet Commercial (HC) Zone except for the following purposes : automobile service station clinic farm supplies hotel , motel , or tavern motor vehicle sales establishment offices, general or professional parking lot public garage restaurant restaurant, drive-in or take-out retail store retail store, general service shop one dwelling unit as an accessory use 9 . 2 MINIMUM LOT AREA where a public or communal water supply is not available 1850.0 m2 where a public or communal water supply is available 930.Om2 9. 3 MINIMUM LOT FRONTAGE where a public or communal water supply is not available 30.0 metres where a public or communal water supply is available 25. 0 metres 9. 4 ' MAXIMUM LOT COVERAGE 40 percent 9 . 5 MAXIMUM BUILDING HEIGHT 12 .0 metres 9. 6 FRONT YARD DEPTH the established building line 9. 7 SIDE YARD DEPTH where the yard abuts a residential zone 4. 5 metres waere a yard abuts a public street on a corner lot 6. 0 metres r h, Assiyp' � - I/O ' . 3. S2? ri AJ,14 /30. 42g :37 8' rH R R• /z 8 1 2- LOT 5 LOT 6 Con. IX SEE MAP NO. 4 Con. X Al FD HR HR HC w � HR eOS HI " ill '11- I NA�IONPL HR-8 ,..r.....4 FD Al HR LOT 5 LOT 6 Con, IX SEE MAP NO. 10 - Con. X Th TOWNSHIP OF BAYHAM This i, Schedule'C;. H �� to By-law No. 2381 .. passed the SCHEDULE C 7th day of Januarv,,1988. 9 12.5m 25om Scale: 1:5000 MAX STEWART _ J .A. PETRIE REEVE CLERK CORINTH