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HomeMy WebLinkAboutSeptember 05, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 5, 2019 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 August 15, 2019 B. Statutory Public Planning Meeting held August 15, 2019 re Lester & Lorene Gingrich Zoning By-law Amendment C. Statutory Public Planning Meeting held August 15, 2019 re N. Grewal Remove Holding Symbol D. Statutory Public Planning Meeting held August 15, 2019 re Mark Weber Zoning By-law Amendment 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 2 2019 Council Agenda September 5, 2019 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Passing of a Zoning By-law re Orchard Crest Farms Ltd. B. Notice of Public Open House and Public Meeting Concerning a Zoning By-Law Review in the Municipality of Bayham 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-55/19 by Bill Knifton, Chief Building OfficialiDrainage Superintendent re Petition for Drainage B. Report DS-56/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Application for Site Plan Agreement— Gardner By-Law No. 2019-075 C. Report DS-57/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application - Gingrich Zoning By-Law No. Z691-2019 D. Report DS-58/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Zoning Amendment Application —Weber Zoning By-Law No. Z692-2019 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ontario News Release re 2019 Excellence in Agriculture Program B. Office of the Solicitor General re Public Reports Regulation (O.Reg. 377/18) under the Fire Protection and Prevention Act, 1997 C. Town of Aylmer re Aylmer Police Costing D. Town of Aylmer re Preserving Rail Corridors and Expanding Rail Usage E. Municipality of Bluewater re Resolution Support for Reducing Litter and Waste in Our Communities F. Town of Bradford West Gwillimbury re Never Forgotten National Memorial Foundation G. Elgin County re Phragmites H. Elgin County Draft Minutes of meeting held August 13, 2019 I. Elgin Group Police Services Board re Enforcement for Safety on Family Farms 2 3 2019 Council Agenda September 5, 2019 J. Norfolk County re Request for Provincial Response to Address Gas Well Issues K. Notice re Proposed Closure of a Highway and Conveyance of Land in the Municipality of Bayham L. Notice re High Speed Fiber Optic Internet Connectivity Coming to the Municipality of Bayham M. Chuck West re Edison Mystery Cruise Poker Run 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-52/19 by Paul Shipway, CAOICIerk re Investing in Canada Infrastructure Program (ICIP) —Community Culture & Recreation Stream 12. BY-LAWS A. By-Law No. Z691-2019 Being a by-law to further amend By-Law No. Z456-2003 — Gingrich (This by-law follows the recommendation in Report DS-57/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of September 5, 2019) B. By-Law No. Z692-2019 Being a by-law to further amend By-Law No. Z456-2003 —Weber (This by-law follows the recommendation in Report DS-58/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of September 5, 2019) C. By-Law No. 2019-075 Being a by-law to authorize the execution of a site plan agreement between Rosemarie and Mark Gardner and the Corporation of the Municipality of Bayham (This by-law follows the recommendation made in Report DS-56/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of September 5, 2019) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Fire Education — Smoke House 14.1 In Camera A. Confidential Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board; a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Auction Sale) 14.2 Out of Camera 3 4 2019 Council Agenda September 5, 2019 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-077 Being a by-law to confirm all actions of Council 16. ADJOURNMENT 4 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, August 15 2019 7:00 p.m. 7:30 p.m. — Public Meeting — Planning A. Gingrich — 5552 Godby Road B. Grewal — Sandytown Road C. Weber—7057 & 7059 Plank Road PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 PM 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS A. Councillor Froese announced the Police Services Board Community Safety &Well- Being program is taking shape and moving forward. B. Mayor Ketchabaw thanked the Otter Valley Naturalists who completed a clean-up and a phragmites removal on the Port Burwell East Beach bioswales on July 9, 2019 and again on August 9, 2019. These clean-up activities are in support of the Blue Flag Beach designation and general betterment of the beach environment. C. Mayor Ketchabaw announced a partnership with North Frontenac Telephone Elgin Corp. to install fiber optic internet connectivity in the Municipality of Bayham. Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-Law No. 2019-070 and 2019-071 be read a first, second and third time and finally passed. CARRIED 2019 Council Minutes August 15, 2019 Council recessed at 7:06 PM for a photo opportunity with North Frontenac Telephone Elgin Corp. and reconvened at 7:13 PM. 5. DELEGATIONS A. John Stewart &Alyssa Cousineau, ALUS Elgin re ALUS Elgin Overview and Fourth Annual ALUS Elgin Environmental Stewardship Tour Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the presentation from John Stewart & Alyssa Cousineau, ALUS Elgin be received for information. CARRIED B. Chuck Buchanan, Port Burwell Historical Society, Wheelhouse Committee re Funding Request Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the presentation from Chuck Buchanan, Port Burwell Historical Society, Wheelhouse Committee be received for information; AND THAT the request of the Port Burwell Historical Society be referred to 2020 Capital Budget deliberations. CARRIED Council recessed at 7:38 PM for the public meeting and reconvened at 7:47 PM 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held July 18, 2019 B. Statutory Public Planning Meeting held July 18, 2019 re Orchard Crest Farms Ltd. Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the minutes of the Regular Meeting held July 18, 2019 and the Statutory Planning Meeting held July 18, 2019 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 2 2019 Council Minutes August 15, 2019 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 A. Municipality of Bayham Water Financial Plan Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Municipality of Bayham's Water Financial Plan prepared by Watson & Associates Economists Ltd. dated August 1, 2019 be approved; AND THAT notice of availability of the Financial Plan be advertised and posted on the Municipal Website; AND THAT the Financial Plan dated August 1, 2019 be submitted to the Ministry of Municipal Affairs and Housing (O.Reg. 453/07, Section 3(1)6); AND THAT the resolution of Council approving the Financial Plan be submitted to the Ministry of Environment, Conservation & Parks, satisfying the requirements under the Safe Drinking Water Act. (S.D.W.A. Section 32(5)2ii.). CARRIED 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Passing of Zoning By-Law No. Z686-2019 — Lama B. Notice of Passing of Zoning By-Law No. Z687-2019 — 1841449 Ontario Inc. C. Notice of Passing of Zoning By-Law No. Z688-2019 — 1841449 Ontario Inc. D. Notice of Public Meeting re Zoning By-Law Amendment— Gingrich, 5552 Godby Road E. Notice of Public Meeting re Intent to Pass an Amending By-Law to Remove a Holding Symbol - Grewal F. Notice of Public Meeting re Proposed Zoning By-Law Amendment—Weber, 7057 & 7059 Plank Road 3 2019 Council Minutes August 15, 2019 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence items 10.1.1-A— 10.1.1-F be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-53/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning Application — Orchard Crest Farms Zoning By-Law No. Z689-2019 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report DS-53/19 regarding Orchard Crest Farms Ltd. rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 18, 2019 associated with this application, there were no written submissions and two oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Orchard Crest Farms Ltd. described as Concession 10 Part Lots 13 & 14 from Agriculture (A1) to Special Agricultural (A2-17) on the retained lands and from Agriculture (A1) to Rural Residential (RR) on the severed surplus farm dwelling portion; AND THAT Zoning By-law Z689-2019 be presented to Council for enactment. CARRIED B. Report DS-54/19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Subdivision Agreement and Rezoning to Remove Holding — Grewal By-Law No. 2019-069 & Zoning By- Law No. Z690-2019 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-54/19 regarding the Subdivision Agreement and an application for Rezoning to Remove the Holding 2 Provision submitted by Nariender Grewal be received for information; AND THAT By-law 2019-069 being a By-law to authorize a subdivision agreement between Nariender Grewal and the Municipality of Bayham be presented for enactment; 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 August 15, 2019 4 2019 Council Minutes August 15, 2019 associated with the rezoning application, there were no written or oral submissions received regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Nariender Grewal described as Parts 2-5 on Registered Plan 11 R-10449 from Village Residential — Holding 2 [R1(h2)] to Village Residential (R1); AND THAT Zoning By-law Z690-2019 be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Infrastructure re ICIP Rural and Northern Funding Stream Important Information B. Ministry of Municipal Affairs and Housing re Provincial Policy Statement Review— Draft Policies C. City of Stratford re Opposition to Changes in 2019 Provincial Budget and Planning Act D. Municipality of McDougall resolution in support of Township of Warwick resolution re Enforcement for Safety on Family Farms E. Township of McKellar re Municipal Amalgamation F. Town of Halton Hills resolution re Reducing Litter and Waste in Our Communities G. Elgin County Council Draft Minutes of meeting held July 9, 2019 H. Municipality of Bayham August 2019 Newsletter I. Municipality of Bayham Notice re Proposed Closure of a Highway— Otter Street (also known as Valley Lane) J. Notice re Fred Bodsworth Public Library Grand Reopening K. Notice re Port Burwell Marine Museum & Lighthouse Display at Queen's Park Toronto Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence items 11.1.1-A— 11.1.1-K be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham support the Municipality of McDougall resolution in support of Township of Warwick resolution re Enforcement for Safety on Family Farms; 5 2019 Council Minutes August 15, 2019 AND THAT the Council of the Municipality of Bayham support the Township of McKellar resolution re Municipal Amalgamation; AND THAT staff be directed to submit comments to the Provincial Policy Statement Review as follows: • Reduce the administrative and reporting burden associated studies with the Species at Risk process and agricultural properties; • Consider Source Water Protection outside of the Official Plan and Zoning By-law process similar to the Minimum Distance Separation (MDS) formula; • Remove the prohibition of accessary dwellings on retained lands for farm consolidation surplus farm dwelling severances; • Reduce the minimum farm size of 40 hectares, which is large for intensified farming; • Consider permitting severance of rural residential building lots from agricultural properties consisting of low quality soil types (non-prime agricultural areas) and/or un-workable isolated parcels separated from the primary farm by ravine/gully. CARRIED 11.1.2 Requiring Action A. Bob & Sue Drayson request re Fence By-law Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence from Bob & Sue Drayson re Fence By-law be received for information. CARRIED B. Elgin County re new exterior signage for Fred Bodsworth Public Library of Port Burwell Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT correspondence from Elgin County Director of Community & Cultural Services re New Exterior Signage for Fred Bodsworth Public Library of Port Burwell be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approve the design concept and schematic drawing for new exterior signage for Fred Bodsworth Public Library of Port Burwell CARRIED C. Lighthouse Gospel Church request to use the Memorial Park in Port Burwell Moved by: Councillor Donnell Seconded by: Councillor Chilcott 6 2019 Council Minutes August 15, 2019 THAT correspondence from Lighthouse Gospel Church be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham grants permission for the Lighthouse Gospel Church to non-exclusively use the Memorial Park in Port Burwell for an event on Saturday, August 31, 2019 from 2:00 p.m. — 5:00 p.m., subject to provision of liability insurance certificate in the minimum amount of$2,000,000.00 naming the Municipality of Bayham as additional insured; AND THAT food vendors, if any, be approved by Southwestern Public Health; AND THAT the cleanup of the park area be the responsibility of the organizers. CARRIED 11.2 Reports to Council A. Report CAO-45/19 by Paul Shipway, CAOICIerk re Water St. —Vienna Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-45/19 re Water St. - Vienna be referred to the 2020 Operating Budget for Council consideration. CARRIED Council recessed for a short break at 8:28 PM and reconvened at 8:31 PM B. Report CAO-46/19 by Paul Shipway, CAOICIerk re Rural Economic Development (Red) Program Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report CAO-46/19 re Rural Economic Development (Red) be received for information; AND THAT staff be directed to make application for Capital Item PR-05, Quality of Place Initiatives for a Community Wide Banner Program. CARRIED C. Report CAO-48/19 by Paul Shipway, CAOICIerk re Municipal Sale & Disposition of Land By-law— Road Allowances Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-48/19 re Municipal Sale & Disposition of Land By-law— Road Allowances be received for information; 7 2019 Council Minutes August 15, 2019 AND THAT staff be directed to Stop Up, Close and Convey portions of Dennis Road and Woodworth Road pursuant to the Municipal Sale & Disposition of Land By-law as outlined within Report CAO-48/19 CARRIED 12. BY-LAWS A. By-Law No. Z689-2019 Being a by-law to further amend By-Law No. Z456-2003 — Orchard Crest Farms Ltd. (This by-law follows the recommendation in Report DS-53/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of August 15, 2019) B. By-Law No. Z690-2019 Being a by-law to further amend By-Law No. Z456-2003 — Grewal (This by-law follows the recommendation in Report DS-54/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of August 15, 2019) C. By-Law No. 2019-069 Being a by-law to authorize the execution of a subdivision agreement between Nariender Singh Grewal and the Corporation of the Municipality of Bayham, to provide for the development of four severed lots on Sandytown Road, Village of Straffordville, Municipality of Bayham (This by-law follows the recommendation in Report DS-54/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of August 15, 2019) D. By-Law No. 2019-070 Being a by-law to authorize the execution of a land licence agreement between the Municipality of Bayham and North Frontenac Telephone Elgin Corp. E. By-Law No. 2019-071 Being a by-law to authorize the execution of a municipal access agreement between the Municipality of Bayham and North Frontenac Telephone Elgin Corp. F. By-Law No. 2019-072 Being a by-law to repeal By-Law No. 2015-093 (Agreement No. 0554) a by-law to authorize the execution of an agreement between the Municipality of Bayham and Can Sweep for the provision of Roadside Grass Cutting Services G. By-Law No. 2019-073 Being a by-law to amend By-Law No. 2018-095 (Agreement No. 0677) a by-law to authorize the execution of an agreement between the Municipality of Bayham and Underhill Trucking Ltd. for various works associated with construction and operational maintenance activities Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-Law No. Z689-2019, Z690-2019, 2019-069, 2019-072 and 2019-073 be read a first, second and third time and finally passed. CARRIED 8 2019 Council Minutes August 15, 2019 13. UNFINISHED BUSINESS A. Deputy Mayor Weisler reminded everyone of Watermelon Fest on Saturday, August 24. 14. OTHER BUSINESS A. Ms. Bev Howes request for signage at the corner of Calton Line & Plank Road to identify the location as Froggett's Corner Moved by: Councillor Donnell Seconded by: Councillor Froese THAT request for signage at the corner of Calton Line & Plank Road to identify the location as Froggett's Corner be received for information. CARRIED B. Ms. Cheryl Wardle request for increased grass cutting frequency at the Richmond Community Park Moved by: Councillor Donnell Seconded by: Councillor Froese THAT request for increased grass cutting frequency at the Richmond Community Park be received for information. CARRIED C. Municipal Drainage Process Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT information re Municipal Drainage Process be received for information; AND THAT staff be directed to proceed with a streamlined Municipal Drainage process. CARRIED 14.1 In Camera Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Council do now rise to enter into an "In Camera" Session at 9:12 PM to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose; • a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. CARRIED 9 2019 Council Minutes August 15, 2019 A. Confidential Report regarding advise that is subject to solicitor-client privilege, including communications necessary for that purpose; a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Municipal Drainage) 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise from the "In Camera" session at 9:24 PM with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-074 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Confirming By-Law No. 2019-074 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 9:24 PM CARRIED MAYOR CLERK 10 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, August 15, 2019 7:30 p.m. — Lester & Lorene Gingrich Zoning By-Law Amendment PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Lester & Lorene Gingrich 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:38 PM and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Lester & Lorene Gingrich 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. Zoning By-law Amendment Application submitted by Lester and Lorene Gingrich The purpose of the public meeting is to consider an application to change the zoning on a 12.9 ha (31 acres) parcel of land from an Agricultural (A1) zone to a site-specific Agricultural (A1-XX) zone to permit a second dwelling unit in the upper storey of the existing accessory building of 44.9m2 (484 ft2) floor area for the accessory use, in Zoning By-law No. Z456-2003. The subject lands are located at 5552 Godby Road, east side, south of Tunnel Line. 2 2019 Planning Meeting Minutes August 15, 2019 Lester& Lorene Gingrich The effect of the by-law will be to allow a second dwelling unit in the upper storey of the detached garage building built in 2019 for short-term accommodation for family and friends. 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the meeting scheduled for September 5, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Lester& Lorene Gingrich is now complete at 7:40 PM CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, August 15, 2019 7:30 p.m. — N. Grewal Remove Holding Symbol PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:41 PM and asked those in attendance for this Planning Public Meeting regarding intent to remove a holding symbol application by Nariender Grewal 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. Zoning By-law Amendment Application with intent to pass an amending by-law to remove a holding symbol submitted by N. Grewal The purpose of the public meeting is to consider an application to remove the Holding (h2) provisions on four (4) residential lots with a combined land area of 1.7 hectare (4.3 acres) located on Part Lot 123, Concession North of Talbot Road, on the north end of Straffordville along Sandytown Road, south of Stewart Road, in the Village of Straffordville from the Village Residential Holding (R1(h2)) Zone to the Village Residential (R1) Zone in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The applicant will fulfill the requirements of the holding provisions following approval of the Subdivision Agreement By-Law No. 2019-069 to be considered August 15, 2019. 2 2019 Planning Meeting Minutes August 15, 2019 Nariender Grewal The effect of the by-law will be to permit the development of four (4) residential building lots created by consent (Applications E65-68/18) in accordance with the Village — Residential Uses policies of the Official Plan 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Zoning By-law and Subdivision Agreement By-law be considered at the meeting scheduled for August 15, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Nariender Grewal is now complete at 7:44 PM CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, August 15, 2019 7:30 p.m. — Mark Weber Zoning By-Law Amendment PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Mark Weber 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:44 PM and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Mark Weber 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. Zoning By-law Amendment Application submitted by Mark Weber The purpose of the public meeting is to consider an application to change the zoning on a 6,240 m2 (1.5 acres) parcel of land from a Rural Residential (RR) zone to a site- specific Rural Residential (RR-XX) zone to permit a federally licensed cannabis cultivation, micro use as an accessory industrial use to the main residential use; to permit the outdoor cultivation with a growing area of 200m2 (2,152 ft2); and to permit the indoor drying, curing and packaging of the cannabis flower inside the existing accessory building of 44.9m2 (484 ft2) floor area for the accessory use, in Zoning By- law No. Z456-2003. The subject lands are located at 7057 & 7059 Plank Road, west side, north of Light Line. The effect of the by-law will be to allow cannabis cultivation, micro use as a secondary use; and to allow harvesting of cannabis within an accessory building. 2 2019 Planning Meeting Minutes August 15, 2019 Mark Weber 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the meeting scheduled for September 5, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Mark Weber is now complete at 7:47 PM CARRIED MAYOR CLERK Bp,YHA4 ate`" ilii W 4PLANNING ACT , NOTICE OF THE PASSING OF A ZONING BY-LAW BY Ap0r tun ityIL THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: ORCHARD CREST FARMS LTD. TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z689-2019 on the 15th day of August, 2019 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 5th day of September, 2019 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to amend the zoning on a 1.3 hectare (3.3 acre, lands to be severed) parcel of land from an Agricultural (A1) zone to a Rural Residential (RR) zone to permit a single detached dwelling; and to amend the zoning on a 13 hectare (32.1 acre, lands to be retained) farm parcel from Agriculture (A1) to Special Agriculture (A2-17) to prohibit new residential dwellings on the site and to recognize reduced lot area of 13 hectare where 20.0 hectare (49.4 acre) is the required minimum to Zoning By-law Z456-2003. The subject lands are located at Part Lot 13 & 14, Concession 10, 55957 Green Line south side, west of Elliott Road. THE EFFECT of this By-law will be to fulfil conditions of the consent application E01/19. Firstly, to change the severed lands to a rural residential zone; and secondly, to recognize reduced lot area and to prohibit new dwellings on the retained farm lands. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 16TH DAY OF AUGUST 2019. KEY MAP MUNICIPALITY OF BAYHAM t I Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160. Straffordville, ON, NOJ 1Y0 — T: 519-866-5521 Ext 222 k� .�,,F F: 519-866-3884 � E: munderhillbayham.on.ca W: www.bayham.on.ca H ______ SUBJECT LANDS /1 The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. Zoning By-law Review INNMA NOTICE OF PUBLIC OPEN HOUSE AND PUBLIC MEETING CONCERNING A ait../11111114 � ZONING BY-LAW REVIEW 4 �y IN THE MUNICIPALITY OF BAYHAM PPortunity Is' TAKE NOTICE that the Municipality of Bayham is considering a comprehensive amendment to Zoning By-law No. Z456-2003 to recognize recent updates made to the Official Plan. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public open house from 5:45 p.m. —6:45 p.m. and a public meeting at 7:30 p.m. on Thursday, September 19, 2019 in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider the Zoning By-Law Review under Section 34 and in accordance with Section 26(9) of the PLANNING ACT. THE PURPOSE of the amendment is to ensure the Zoning By-law of the Municipality of Bayham is up-to-date and is consistent with the Official Plan in accordance with Section 26 (9) of the Planning Act. The review process includes a review, consolidation and update of the Zoning By-law. Generally, the amendment will address recent updates to the Official Plan, revisions to map schedules based on updated parcel mapping, as well as other housekeeping items which will affect regulations in the Municipality. No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of this amendment will be an updated Zoning By-law document, which will allow Municipal Council to implement the goals and objectives outlined in the Official Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 28th day of August 2019. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca iNx1(11411/1 �,,,,,„ . .i ,„ , REPORT � „ \` DEVELOPMENT SERVICES „ter Opo �o4 l'tunity 19 TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: September 5, 2019 REPORT: DS-55/19 SUBJECT: PETITION FOR DRAINAGE BACKGROUND: This report is to present Council the Petition filed with the Clerk, of the Municipality of Bayham, on August 20, 2019. The petition is for a drainage works for adjacent properties on McCord Lane, being Pt Lot 13, Con 1, known as 1 McCord (Jeff& Marcy Elliott), 3 McCord (Kenneth & Karen Bechard), 5 McCord (Ad & Monica Teixeira) and 7 McCord Lane (Isaac Legault). The petition was also signed by neighbors in support of the petition; 50 Wellington Street (Paul & Lisa Alward) ,54 Wellington Street (Norm & Neva Barber) and 48 Wellington (Judith McHugh & Tina Berdan). Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the Engineer, Road Superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the "area requiring drainage". Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an Engineer at the "on-site meeting" to determine the validity of the petition. If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an Engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of Engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the Engineer is to file said report within six (6) months (Section 39.1) of the appointment. Following the appointment, the Engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an "on-site meeting". The notice must be served seven days prior to the proposed site meeting. DISCUSSION: As stated on the petition the properties noted on McCord Lane are subject to surface runoff from the farm land to the north of the properties. There is significant slope on the lands and no means has been provided to alter the surface runoff that is causing damage to the properties on McCord Lane. RECOMMENDATION 1. THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from 1 McCord (Jeff& Marcy Elliott), 3 McCord (Kenneth & Karen Bechard), 5 McCord (Ad & Monica Teixeira) and 7 McCord Lane (Isaac Legault). 2. THAT Report DS-55/19 regarding the petition for drainage and for drainage improvement be received; 3. AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. Respectfully Submitted by: —T....ezt Bill Knifton ' Paul Shipway Chief Building Official CAOICIerk Drainage Superintendent DECEIVE Ontario O Ministry of Agriculture, Petition for Drainage W by Owners Food and Rural Affairs Form 1 (�ja�Or2,0 2019 Drainage Act,R.S.O. 1990,c.D.17,clause u4,r1' r k ��y This form is to be used to petition municipal council for a new drainage works under the Drainage I4U ML IBAltfer OF BAYHAIA used to request the improvement or modification of an existing drainage works under the Drainage Act. To: The Council of the Corporation of the Municipality of Bayham The area of land described below requires drainage(provide a description of the properties or the portions of properties that require drainage improvements) McCord Lane-Corn field and right of way(ROW)belonging to David McCord of Victoria St.,Port Burwell. The field and the ROW does not drain adequately causing surrounding properties to take on excessive water. As a result,#3 McCord Lane has had to regrade and manage driveway erosion.,requiring repairs or rebuilding of the driveway 5-6 times in the last 4 years. The property located at#5 has encountered erosion along the west side of their house,resulting in large sand accumulation onto their back patio area. Further,the weeping bed(septic)area at#1 has been encountering excessive run off from the ROW as well. In accordance with section 9(2)of the Drainage Act,the description of the area requiring drainage will be confirmed or modified by an engineer at the on-site meeting. As owners of land within the above described area requiring drainage,we hereby petition council under subsection 4(1)of the Drainage Act for a drainage works.In accordance with sections 10(4),43 and 59(1)of the Drainage Act,if names are withdrawn from the petition to the point that it is no longer a valid petition,we acknowledge responsibility for costs. Purpose of the Petition(To be completed by one of the petitioners.Please type/print) Contact Person(Last Name) (First Name) Telephone Number BECHARD Karen 519 282-6691 ext. Address Road/Street Number Road/Street Name 3 McCord Lane Location of Project Lot Concession Municipality Former Municipality(if applicable) Bayham What work do you require?(Check all appropriate boxes) ❑ Construction of new open channel ❑ Construction of new tile drain ❑ Deepening or widening of existing watercourse(not currently a municipal drain) ❑ Enclosure of existing watercourse(not currently a municipal drain) ❑ Other(provide description♦) Name of watercourse(if known) Estimated length of project General description of soils in the area What is the purpose of the proposed work?(Check appropriate box) ❑Tile drainage only ❑Surface water drainage only Both Petition filed this 26 day of quc ,s—r ,20 19 Name of Clerk(Last,first name) Signature 0173E(2012108) a Queen's Printer for Ontario,2012 Disponible en frangais Page 1 Property Owners Signing The Petition Page of(4i • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description 3 McCord Lane(Con 1 PT Lot 13 Plan Rd 6/Part 1 &ROW Reg) Ward or Geographic Township Parcel Roll Number Municipality of Bayham 34-01-002-001-32000-0000 I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Sign • Date(yyyy/mm/dd) BECHARD,Karen i j( Y .1? 2019/08/06 ❑✓ Partnership(Each partner in the ownership of the proloerly,ust sign th=petit o, fo rf1) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) BECHARD,Kenneth 4; � 1' / 2019/08/06 ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description 1 McCord Lane(Con 1 PT Lot 13 Plan Rd 7/Part 1 &ROW Reg Ward or Geographic Township Parcel Roll Number Municipality of Bayham sq- 0/- ot.2 - 0W- 3i 400._ oVC70 I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature L:te(yyyy m/d ELLIOT,Jeff '� � � ?)7, J ❑✓ Partnership(Each partner in the ownership of the property must si the et' on form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/ ) ELLIOT,Marcy r ` `9 f"g7:j ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) ❑✓ Check here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552, 0173E(2012/08) Property Owners Signing The Petition Page ✓j of(d • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. l ( �� Number Property Description f •r' 4-0 I c 4'COAP KURT Eh /2 vt) G(__- O N r/ /f-x14-71)/4- 0 I 1‘-"I)Ward or Geographic Township Parcel Roll Number -WO ( 06200l 32/d0 oaoo I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ® Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) Ate. 9 /1(a24A- at tilt�rl 1� t EIXEi P\ A M c • • ' ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) eck here if additional sheets are attached Clerk initial etitloners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0173E(2012/08) Property Owners Sig ng The Petition Pageof b • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description 7 NA r. _Cs) r� ( cot.' 1 19'�Loi 13 PLR- ` 17A-ter d Ward or Geo raphic Township Parcel Roll Number /LO tJ _ y t-Lft..t 3 1 ti o a- o c 1 "3 D, eco I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership '® Sole Ownership Owner Name(Last,First Name)(Type/Print) nature Date( /mm/ d) C- liffq ❑ Partnership(Each partner in the ownership of the property mus n the petition for / Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Sig ture r, A Date(yyyy/mm/dd) L.e a r v L r NAc Zvi Voir ❑ Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) trtrbeck here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0173E(2012/08) Property Owners Signing The Petition Page y of CI • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description ‘SZ 1A7C1 I I n ,( COO I •P-- Lo-1-- 13 P II R-Ns1 ' -r Z $, . -1 sC I5.do) Ward or Geographic T ship r Parcel Roll Number a�UniCI pa,k l o- j(�,yI�cLVYI '›at-f- 0 1 -c;e,;3.-- tG I 3�-1 oil-- 0000 I hereby petition for drai a for the land desc bed and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) [y],'T'artnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signa re Date(yyyy/mm/dd) AL.k � ,-1J r PA 0 L. �- l4—'— 2,6/ v 5- D ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) eck here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0173E(2012108) V, Property Owners Signing The Petition Page 6-of k) • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If youhave more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description 5t,J3u eJ6.zv,---) sr (Cc O l -()-r iii 13 /P 1 I 12‘-i- 57 5 W d or Geographic Township Parcel Roll Number Vag� s (tg H, 1 — 62 g`f o i VOL d° 1 I hereby petition for drainage for the land described and acknowledge my financial obligations. 3 1 lo(, (JQCY3 Ownership Q Sole Ownership 1, 1� , / Owner Name(Last,First Name)(Type/Print) Signature f-,_. ',6' /1/ Date(yyyy/mm/dd) �I ( rbcr /1lofYn ,Jt:vc� �e�rw 02otv(; oS/eo artnership(Each partner in the ownership of the property must sign petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description 4 0 [ALIA I -61"‘ roft I 0- f I 3 Pp Mq".3-4 ) W d or Geographic Tow ship arcel Roll Number 1'5 r'- ( uNe.. I (balli 340 1 00). 0013Z4 01 0000 I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Typ /P> Sign_ Date(yyyy/mm/dd)• i2itC�-���h ,l, ;t�-G- J �� z©iK't�$/%6 Partnership(Each partner in the own ship of the property must sign the pet n form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) • PY<<I dam__. 3o/1 /d'/its ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) heck here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0173E(2012/08) Property Owners Signing The Petition Page f of(1, • Your municipal property tax bill will provide the property descrii tion and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if av ylal VI • If you have more than two properties,please take c9py(ies)of this page and continue to list them all. Number Property Description ' 3 McCord Lane Ward or Geographic Township Parcel Roll umber Municipality of Bayham 34-01-002- 01-32000-00 0 ti .( i I hereby petition for drainage for the I.•d described and acknowl dge my fin al obligations. Ownership r ❑ Sole Ownership Owner Name(Last,Firs ame)(Type/Print) Si atur d Date(yyyy/mm/dd) ' BECHARD,Kare ,��� ' 2019/07/28 ❑✓ Partnership(Eac•partner in the ownership oft e property must sign the petition form) Owner Name ast,First Name)(T pe/Print) '' Signature Date(yyyy/mm/dd) z' ;\ BECHA ,Kenneth 2019/07/28 c. / > \ , Vim. Q % ❑ Corporation(The individual with authority to bind the corporation must sign the petition) z Name of Signing'bfficer(Last,First Name)(Type/Print) Signature /" Name9.of Corporation /% Ytiave the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description _ CO �,)' > N S ► " CQN 1 PTT Loi 23 0911 '365 7 /: ,eT1 Ward or Geographic Township Parcel Roll Number 34/ OI-0Q --b0ie3i76c2 - 00rx) I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) g Partnership(Each partner in the ownership of the property must sign the 'tion form) Owner Name(Last,First Name)(Type/Print) Signature .7 Date(yyyy/mm/dd) riarch 1 W,it; nmG(/ -'1. l% ) /l d a ci u s ()et)ora k vit - l/4--- ao i/1 -6 // ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) gCheck here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). J" • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original � f1,' petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural 1*r 1 r Aex-f( {J9Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0173E(2012/08) 1510(1144 REPORT O s ,cy DEVELOPMENT SERVICES Apr. °j'tunity Is 0� TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 5, 2019 REPORT: DS-56/19 FILE NO. C-07/ D10.GARD Roll # 3401-000-004-20500 SUBJECT: Application for Site Plan Agreement— By-law 2019-075 BACKGROUND: A site plan approval application was received on August 20, 2019 and deemed complete August 28, 2019 from Rosemarie and Mark Gardner for the property located at 9292 Plank Road, Straffordville, known as the Rose's Sandytown Variety. The application proposes the development of their property by placing an addition on the existing building to increase the commercial footprint. The subject land is designated "Commercial" in the Official Plan and zoned Central Business District and Village Residential (C1/R1) in the Municipality of Bayham Zoning By-law Z456-2003. DISCUSSION: The Owners are looking to increase the floor space of the commercial building by an additional 89.7 m2 (965.7 sq. ft.) at the intersection of Plank Road and Heritage Line. When the addition is complete, the total building floor area will be 199.7 m2 (2149.7 sq. ft.) Staff circulated the County engineering office and the County is satisfied with the proposed setbacks from the "addition" of 20 metres from centerline of Plank Road (CR 19) and Heritage Line (CR 38). The County required the following items to be included on the site plan: 1. Parking at the southwest corner of the parking lot adjacent to the County's intersection is prohibited and "No Parking" signage shall be installed; and, 2. The existing westerly Heritage Line entrance adjacent to the County's intersection shall be closed in its entirety and a replacement concrete barrier curb installed abutting the County road surface. Based on staff review of the Application for a Site Plan Agreement and accompanying final drawing received on August 28, 2019, staff concur that it meets the intent of the Official Plan and the requirements of the Zoning By-law. DS-56/19 Gardner Site Plan 2 Staff presents the standard site plan agreement with attachments and recommends approval of the site plan agreement as presented for the expansion development of Rose's Sandytown Variety. ATTACHMENTS 1. Application for Site Plan Approval Application 2. Draft By-law 2019-075 with Schedule "A" Site Plan Agreement RECOMMENDATION THAT Staff Report DS-56/19 regarding the Site Plan Agreement with Rosemarie and Mark Gardner be received for information; AND THAT By-law 2019-075 being a by-law to approve a site plan agreement between the Municipality of Bayham and Rosemarie and Mark Gardner be presented to Council for enactment; Respectfully Submitted by: Reviewed by: /227 Margaret nderhill Paul Shipway Deputy Clerkplanning Coordinator CAOICIerk B-71.c.. FILE No. (5/P -c / /9 ��►t',(01=-0.," li �, REC'D: I ! ru o 0 49 DATE APPLICATION ONSIDERED R 't/ ";t'$°( COMPLETE: E I 1► FEE RECEIVED:$ MUNICIPALITY OF BAYHAM /�G)�caS "C1/11Y?‘") `?Cic4 1 AUG 2 62019 J SITE PLAN APPROVAL APPLICATION FORM 411 MUNICIPALITY O t finned hereby request the Municipality of Bayham to consider a Site Plan Control application pursuant to Section 41 of the Planning Act on the lands hereinafter described. This application is accompanied by a fee of$500($250 fee+$250 deposit for properties with accumulative building area of 150 m2 or less)OR$2000($1000 fee&$1000 deposit for accumulative building area 151 m2 or greater)by cash or cheque made payable to the Municipality of Bayham. 1.BACKGROUND INFORMATION a) Applicant's Name /f eAy J-- Re)s e C e1— (y Applicant's Mailing Address ,- x S f'r(A.'Ice)e)r'cli✓; // UA-) it-/0-3 1 Telephone Numbers)9.8/J6-336 9 Fax Number 5l 9- k 66 S iJ 17 b) Registered Owner(if other than applicant) . NAA Owner's Address Telephone Number Fax Number c) Location of Subject Land P o t-4 34/0 l 000 00 el a 0:'S o 0/31/.)/Of)0c 0e4,9UcoO0 Lot Number(s) rZ L04- d' PlC+n t`01/50z-/O ii fll - {2. Plan No.or Concession �� Part Number(s) Reference Plan 110- d-01-1 7 rt- I 911 Address(if any) q 9 Re/ 7,-/ `� 3 p+- The subject land istlocated on the f c°,s f side of Pk-A.A. ,k, , between r6 / 5/, and r/ ,r, f ai 5 L' ,C i n co• d) Existing use of Subject property Ce; /0 re_ 6Ylimercfcti ffs-c> e) Specific indication of proposed uses of land and buildings cf. ,.Ce (./ SCC /SO Sfu<< f) Official Plan Designation 67'1/141�"y'C(,T 4-- g) Zoning By-law-Existing Zoning C-70rx,/ltC�'C/E 2 C/ /, 7( -Requested Zoning ,--5-79-mG 1 2.SITE INFORMATION a)Zoning Provisions REQUIRED PROPOSED EX%5%i/( Lot Frontage 3"7. `3 t /'LTh'/4 Lot Depth 4' . S4' /iLvt/7z ,," Lot Area Lot Coverage Front Yard (s 7�� M( „y,,A VV% Rear Yard /S, ,ti.� Interior Side Yard „Z.(.,, 7 („v,w.v,'- Exterior Side Yard(corner lot) 7 `1 3 1'r,n>on, Landscaped Open Space(%) No.of Parking Spaces No.of Loading Spaces Width of Planting Strip Driveway Width Handicap Spaces Other(Specify) Off-Street Parking and Loading Facilities Total number of off-street parking spaces existing 6 Number of off-street parking spaces proposed(include existing&proposed) Number of off-street loading facilities existing Number of off-street loading facilities proposed(include existing&proposed) b) Proposed Building Size: r Ground Floor Area of Existing Buildings(s) / / 5 J t'i 9" / / 0 it Ground Floor Area of Proposed Development C1if- 7-1-11 7 7 r Total Ground Floor Areaq� (including existing&proposed) (9,`l�� `"9"3-64-5 Number of Storeys proposed Building Height Proposed / 11/ 3 &CO ON Total Gross Floor Area Proposed p /)d- /l� ) (including existing and proposed) (9/1/9 7 c2 3 d p 1"`I / �• 2 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL Landscaped Area sq m Conversion or Addition to Existing Residential Buildings Yes No Amenity and/or Children's Play Area Yes Vo /' UNIT BREAKDOWN Type ,,„.- cumber of Units Floor area of Unit Type Bachelor One-Bedroo Two-B room ee-Bedroom 2 3. COMPLETE AS APPLICABLE:-(cont'd) -- a) a) MULTIPLE FAMILY RESIDEN -(cont'd) Other Facilities prow' e eg.play facilities,underground parking,games rooms, swimming po c.) b) COMMERCIAL/INDUSTRIAL/INSTITUTIONAL/OPEN SPACE OR OTHER USES (as applicable) No.of New Buildings Proposed /'J N. '�%/'o;c L�C,S'77,i q g// wS U�//fol-- Conversion or Addition to Existing Building Yes ' o Describe Gross Floor Area(breakdown by type of use,eg.-office area,retail,storage manufacturing area,etc.) } 31,2k- . f �" /(7 rr tom, / Seating Capacity(for rest.or assembly hall,etc.) Describe Type of Business Proposed Coil.'1?-{rcl ez-7 No.of Staff Proposed-Initially In future(5 yrs) Open Storage Required Yes No Describe type,location,and buffering(if any) Phasing if any Describe Type of Use Proposed No.of Beds(if applicable) Gross Floor Area by Type of Use C. (eg.office,common rooms,storage,etc.) 2 3eaa— e;)/9. /ire Landscaped Area sq m If residential use proposed as part of,or accessory to commercial/industrial/open space/other use,please specify Type Number of Units Floo i nit Type Bachelor One-Bedroom Two-Bedroom Three-Bedro. Dated this 06; day of /4-;cit-C/5/2-l./5/2- 0 9 . Sign. of Owner/Agent ���(�2v? tit�.h. / 2 �IL�• j� /71 Signature of Owner/Agent I /2Cr /'t/� (J"7 1 / �� ' Q 5� C tC/9-�'� of the /Loi9i LL ,�<. i of „./5?y/tTf4-1 in the (l1 at? of DO SOLEMNLY DECLARE THAT: All of the statements contained in this application are true and I 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. DECL ED efore me at the///G of i9 j/ in the (' this %@ay of / 46 20 /9, d ignature of Owner/Agent 'A C4 1 An, ERH1 L,a Commissioner, etc*Signature of Owner/Agent Deputy Clerk of the Corporation of the F itil of Bz y-lham. Attachments: n ntrolaw 2005-061 with Schedule"A"only 3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-075 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN ROSEMARIE AND MARK GARDNER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Rosemarie and Mark Gardner, Rose's Sandytown Variety. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Rosemarie and Mark Gardner, Rose's Sandytown Variety, affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 5th day of September 2019. READ A THIRD TIME AND FINALLY PASSED this 5th day of September 2019. MAYOR CLERK SCHEDULE 'A' TO BY-LAW NO. 2019-075 SITE PLAN CONTROL AGREEMENT ROSEMARIE AND MARK GARDNER (Rose's Sandytown Variety) AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Part Lot 1 Marked R. Hubbard N/S Talbot Rd Block E Plank Rd Plan 205, Municipality of Bayham This Site Plan Agreement made in duplicate this 5th day of September, 2019. BETWEEN: ROSEMARIE AND MARK GARDNER (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot 1, Marked R. Hubbard N/S Talbot Rd Block E Plank Rd Plan 205 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "B" and "B1" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands Description, Attachments "B" and "B1" —Site and Servicing Plan, and Attachment "C" — Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands Description) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachment "B" and "B1" depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "B" and "B1" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" and "B1" ("Site and Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" and "B1" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "B" and "B1" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the County of Elgin, Long Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief and Chief Building Official for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of ZERO Dollars and _ZERO_Cents ($ 0.00_). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount set out in the Municipality of Bayham By-law to establish rates and fees in the municipality. 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $_ZERO per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before December 31, 2019. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of _ZERO_ Dollars and _ZERO_ Cents ($_0.00_). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34.All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day , 20_ Signed, Sealed, and Delivered ) In the presence of ) Rosemarie Gardner, Owner Mark Gardner, Owner We have authority to bind the Company ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Mayor ) Clerk ) We have authority to bind the Corporation ATTACHMENT "A" Lands Description Property Assessment Roll # 3401-000-004-20500 and #3401-000-004-20600 Consolidated Legal Description: PIN 35336-0258 LT Pt Lt 1 Marked R. Hubbard N/S Talbot Rd in Blk E Plank Rd PL 205 Bayham Pt 1 11R2047; Bayham; PIN 35336-0259 LT Part of Lot 1 Marked R. Hubbard N/S Talbot Rd in Block E Plank Rd Plan 205 Designated as Part 1, 11 R7453; Municipality of Bayham Addresses: 9292 and 9286 Plank Road consolidated as 9292 Plank Road, Straffordville SITE PLAN C 4. PREPARED FOR BUILDING PERMIT 0 =�,RJ. cj PART 1 AND LOT GRADING <� =y �0. PLAN -1-1R — 6 O6O FOR: ROSES SANDYTOWN VARIETY of X45-49 -\ F oQ `O,L. ��� \\ X SCALE - 1: 250 o s Io 15 METRES 4 O.' DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN o ITE BENCHMARKS ART METRIC I FINISHED FLOOR I PA S-1 1 BE CONVERTED TO FEET BY WADING BY 0.3048 , I LEV= 228.29mi r r T-- PLAN 11R - -947 �� \\� aseg CC CAUTION c) ry°0°^� ry ,�J A-CJ /�] h Z - THIS IS NOT A PLAN OF SURVEY OR SURVEYOR'S REPORT AND SHALL NOT ��)� C- Ø X ,Pry °B „� q9 ' mBE USED FOR TRANSACTION OR FINANCING PURPOSES ry°� �9 7,y? Y '7 - DO NOT CONVEY FROM TIS PLAN ti^ — ?ysX S N - THE PROPOSED BUILDING AND ITS LOCATION SHOWN HEREON MAY BE \ "' I '/Os l SUBJECT TO CHANGES PRIOR TO CONSTRUCTION.THIS SKETCH SHOULD �`LI 0. p0 m^ 1 2d (�• NOT BE RELIED UPON AS CERTIFICATION THAT THE DWELLING WAS ACTUALLY Vl Q ry m,oh'ryry x ic�J EXIS77N L x> ^o CONSTRUCTED AS SHOWN. ` C� 4O n�m h m$ NrXJN 1 STOREY 1 I , .0- -ELEVATION OF EXISTING GROUND WATER TABLE AND SOIL CONDITIONS g.,,,A.,: h. --_ VARIETY STORE I ' I •�' �_--�- NOT DETERMINED \. GUTTER ^�`P A-V°'1'hh° ryry°� �N XI 'h X X X,y'L^mp ,Lry^^m 70' UNE ...pi/ "i x ,, �___�I - x I NOTES el.',J? ^ l0 At, L1FV.p5r Iry of ry N 0 1g 22830m gLL X"T °,- ,,,9 =ry x I ,Pry •cF I (1)-PROPERTY'DIMENSIONS ARE AS SHOWN ON PLAN 11R-7453 °' 22674 6W ^0 '� @n9"-'6. h�htih °:° ii �,0° 228.tg 22Z a .,�22g f3 x•ly^ pT1 if �, I (2)-PROPOSED BUILDING ADDITION POSITIONED BY CALCULATIONS,NOT BY n L � E1EV pN I ��L x ACTUAL SURVEY eryryry//^� by ]3s ---_ 10 m 229,75 uo"Ta E�aTs17 1 (3)-PROPOSED FINAL GRADES ARE SHOWN ® AND ARE IN METERS (� x sa3 r I ryry ',',Vh° yla>'E1E°°^ x 22a.t4 :Ix �' ' Q (4)- T.F.W. DENOTES TOP OF FOUNDATION WALL O m •h°O �ry ryry A :::::::'°:127.,A.:0.0„,-; = ' (5)-U.S.F. DENOTES UNDERSIDE OF FOOTING me ryh h 2$10 h^X{ ^ x °, PROPOSED ry �4R I (6)-SITE BENCHMARK FINISHED FLOOR OF THE EXISTING VARIETY STORE ryry,°Pgh'iryry PARKING LOi ry^ J 22$.9 ADDIMEC/ Try ' •d` I HAVING A GEODETIC ELEVATION OF 228.29m // N 5xF0°fix iE, z eery ,m� i' r �S-S �' ��¢� r , \, m (7)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE ELEVATION / h ry`4y° ^'II yo �L� q a h^ ry OF THE UPPER LIMIT OF THE GROUND WATER TABLE,SOIL BEARING F. 0''x ° °0 2 8.70x ,Pry^eX 4 t5� `" OT CAPACITY AND THE ELEVATION OF THE UNDER SIDE OF FOOTING II • ryh °' ryry \ .1 �1 PRIOR TO EXCAVATION. 4..,;-: \\ ,` X `° xti•, _ BENCH uum (8)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO AYCRUSHEDFIRST n H20YPf ASPH'LLT PAINC LOT• /a5 x e° I sTEP ov SIDENALR VERIFY THE SITE BENCH MARK PRIOR TO EXCAVATION b NI LEADING TD HOUSE EX/SANG a ELEV.-227.99m (9)-ELEVATIONS ARE REFERRED TO CANADIAN GEODETIC DATUM, ` x�zafa TO BE REMo ANCE \ °o' °OO,P x ,Lry^ -Cr MID 1928 VERTICAL DATUM 's:,-. �Eo ryh e° ^ •N' (10)-THIS SKETCH WAS COMPLETED FROM FIELD WORK COMPLETED ON THE 25TH 22 - 38.441'L1' ^R CN+CREIE ,01::-.14"-\\::: $f9 229 rt: ^ J STEPS DAY OF JULY.2019 :, ` -pgE� $03 �'.Da ...A EXISTING I ^mm.. 22:." x227.09 OR/l2-WAy ryry (11)-AREA OF SUBJECT PROPERTY= 1378.3 S0. M. 804 .:; 7.9, SIDEWALI( ].92 o '\ 22$Of _ 22289 x -AREA OF EXISTING STORE AND PROPOSED ADDITION 204.0 SQ.M. ryg m•�C,--7.3770_6.,--_:..._________..227.91. 227.9-=227.91 227.80 22. ry ,(P^R 8pp - z92 EppE:�,2-7.9f- 22..7_43---------------9,,,,,,,,,,,z �( 227.as -PROPOSED LOT COVERAGE= 15% d1UNE 71ER 227.99 ^:' ^0 c, °. 0“ -� . SIRS 22 O�RNEAD N1DR0 ,1.1' ry'L•ryh ,P^ o. ASPHALT ��_.g -� 0 ry ryry 4/'. °° ryry ry^m�� PROPERTY DESCRIPTION: ryry^ �7^°g 11i ry PART OF LOT 1 J'O��f r 2 E=V TDP m. NORTH OF TALBOT ROAD, EAST OF THE PLANK ROAD r PLAN 11rr� �I 'LIE J r,( Gr 227 REGISTERED PLAN No. 205 (STRAFFORDVILLE) f�3 JJ\JE DESIGNATED AS PART 1, PLAN 11R-7453 & PART 1, PLAN 11R-2047 _ (SEE BAyHAM R040 NAMING By_ MUNICIPALITY OF THE TOWNSHIP OF BAYHAM J c� FIJ f RO ROAD LAW NO. 99-16) COUNTY OF ELGIN (20,117 WIOE�ORIGYNA�70WNSHPJS RVEUT`Y)ROAD 38 © COPYRIGHT 2019 KIM HUSTED SURVEYING LTD. THE REPRODUCTION,ALTERATION,OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING LTD.IS STRICTLY PROHIBITED "THIS IS AN ORIGINALOCOPY KIM HUSTED SURVEYING LTD. UNLESS EMBOSSED 1417H ONTARIO LAND SURVEYOR SEAL' 30 HARVEY STREET, TILLSONBURG, ONTARIO. N4G 3J8 PHONE: 519-842-3638 FAX: 519-842-3639 AUGUST 29, 2019 PROJECT: 19-15109 REFERENCE: FILE C:\OSOFT141\WORK2019\19-15109.dwg,2019-08-29 11:40:22 AM,DWG To PDF.pc3 `� �\���,>m SITE PLAN 7 yea" PREPARED FOR BUILDING PERMIT C. J2G',(2� AND LOT GRADING 4� r�_� 0„0 PLAN r�-1-JR J FOR: ROSES SANDYTOWN VARIETY _ 8050 891/ a4t' Qv y4Ti'�ti �+ --"\,,,., a S f0 15 Ncom5 a `e 0 \ X SCALE — 1: 250 )' FSITE BENCHMARKS METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN yc BE CONVERTED TO FEET BY DIVIDING BY 0.3048 rya? IFIF�FINISHED FLOOR PART 1 L--T--J PLAN -1-JR 5'92,7 �� �� ‘,0 , \\ 8589 CAUTION _ \ 0 ( ) A> \ \ ,o A'`I? /?/g/ , Z - THIS IS NOT A PLAN OF SURVEY OR SURVEYOR'S REPORT AND SHALL NOT �"( l,, B L"9J�g9 r o- co BE USED FOR TRANSACTION OR FINANCING PURPOSES 4� (-'^' I1� •_ Jg �j',L> > a -DO NOT CONVEY FROM'IIS PLAN ll v �L�•f�_ ?sX 6:/os h -THE PROPOSED BUILDING AND ITS LOCATION SHOWN HEREON MAY BE � �4 _ \ -'/ 1. /GS I SUBJECT TO CHANGES PRIOR TO CONSTRUCTION.THIS SKETCH SHOULD —1 Q �. `� NOT BE RELIED UPON AS CERTIFICATION THAT THE DWELLING WAS ACTUALLY e• \---/ EXIS77NG L 4y -� r CONSTRUCTED AS SHOWN. �0 LLO o VARI REY , •-J - -ELEVATION OF EXISTING GROUND WATER TABLE AND SOIL CONDITIONS \I J V� STORE / cP' -—� NOT DETERMINED + I I 206 —� � 9 NOTES �^ _ 9 a•Sn LL ` E _ / •� �,` I (1)-PROPERTY DIMENSIONS ARE AS SHOWN ON PLAN 11R-7453 � i3A I (2)-PROPOSED BUILDING ADDITION POSITIONED BY CALCULATIONS.NOT BY �1 Lana' I --pL ' ' ACTUAL SURVEY , Y G/i OEY FlM� — /`/B —— i Ta M4iQ+g. cwkiyj R p 16 13 (3)-PROPOSED FINAL GRADES ARE SHOWN ® AND ARE IN METERS \ conCT�iTE ' R (4)- T.F.W. DENOTES TOP OF FOUNDATION WALL V -- 11 \ a I (5)-U.S.F. DENOTES UNDERSIDE OF FOOTING PRIN'OSED \\\ I (6)-SITE BENCHMARK FINISHED FLOOR OF THE EXISTING VARIETY STORE PARKING LOT J ADD/T70NMMERC/AL I ••&� I 1j Y)9 HAVING A GEODETIC ELEVATION OF 228.29,9 �9 ��j��R �'¢4 � m (7)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE ELEVATION o R.� / ��'Q' \ N OF THE UPPER UMIT OF THE GROUND WATER TABLE,SOIL BEARING I4/ 15.86 \ L J�" CAPACITY AND THE ELEVATION OF THE UNDER SIDE OF FOOTING (a, 43 ` 1 PRIOR TO EXCAVATION. A e 9ENw u MOST (8)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ^ amus 1 I TOP a 9ROE VERIFY THE SITE BENCH MARK PRIOR TO EXCAVATION !, yp ASPHALT PARKING laT• h SRP OF 99EWALIt 24, G� I 1 LEASING TO NOOSE ` ,� EX/SANG ENTRANCE ` ` DEV.-227.99m (9)-ELEVATIONS ARE REFERRED TO CANADIAN GEODETIC DATUM, TO BE REMOVED \ ��'�NN.T• Q. •�� C000 1929 VERTICAL DATUM 38.441 Q. I \ .wE>E (10)- THIS SKETCH WAS COMPLETED FROM FIELD WORK COMPLETED ON THE 25TH DAY OF JULY.2019 —CRETE EXISTING I (11)-AREA OF SUBJECT PROPERTY= 1378.3 SO.M. 9OEN'ALX DRIVEWAY -AREA OF EXISTING STORE AND PROPOSED ADDITION 204.0 SQ.M. — -PROPOSED LOT COVERAGE= 15% X---'—Gl'ERHEA= 4. —� PROPERTY DESCRIPTION: PART 7 PART OF LOT 1 r� \ EEV Ta w. NORTH OF TALBOT ROAD, EAST OF THE PLANK ROAD PLAN J JR 7%�3 JJr RJ 1 AGR -22/.9, J1\J C REGISTERED PLAN No. 205 (STRAFFORDVILI E) (SEE BAYHAM DESIGNATED AS PART 1, PLAN 11R-7453 & PART 1, PLAN 11R-2047 TAI ROgO NAMING BY-LAWMUNICIPALITY OF THE TOWNSHIP OF BAYHAM .r-1--iJ J' r�Jl1� NO. 99-16) COUNTY OF ELGIN (20.117 WIDE ORIGINA�TO OUN rY ROAD �9��7 TOWN SURVEY) J`/ © COPYRIGHT 2019 KIM RUSTED SURVEYING LTD. THE REPRODUCTION,ALTERATION,OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING LTD.IS STRICTLY PROHIBITED -THIS IS N ORIGINALO ACOPY KIM HUSTED SURVEYING LTD. EMBOSSED UNLESS ONTARIO LAND SURVEYOR SEAL- ...„..) EAL / 30 HARVEY STREET, TILLSONBURG, ONTARIO. N4G 3J8 // PHONE 519-842-3638 FAX: 519-842-3639 AUGUST 29, 2019 PROJECT: 19-15109 REFERENCE: FILE C:\OSOFT141\WORK2019\19-15109-i.dwg,2019-08-2911:4542 AM,DWG To PDF.Fc3 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Name of Owner (Print) Address of Owner (Mailing) Telephone Number voxICH.44 Aiinpokeswsk,, v=-3. ,:ttr REPORT DEVELOPMENT SERVICES ppflirt-Unity I5.i TO: Mayor& Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 5, 2019 REPORT: DS-57/19 FILE NO. C-07/ D13.Gingrich Roll # 3401-000-002-02701 SUBJECT: Rezoning Application —Gingrich Zoning By-law Z691-2019 BACKGROUND: Lester and Lorene Gingrich submitted a rezoning application to rezone their property known municipally at 5552 Godby Road being located in Concession 1 Part Lot 26. The property is currently zoned Agricultural (A1) Zone and the request is to amend to permit the placement of a second dwelling in the upper area of the existing garage. A public meeting was held August 15, 2019, with only the land owner in attendance. At the time of writing this report no additional applicant or public comments have been received. The purpose of this By-law is to change the zoning on a 12.9 ha (31 acres) parcel of land from an Agricultural (A1) zone to a site-specific Agricultural (A1-31) zone to permit a second dwelling unit in the upper storey of the existing accessory building of 44.9m2 (484 ft2) floor area for the accessory use, in Zoning By-law Z456-2003. The subject lands are located at 5552 Godby Road, east side, south of Tunnel Line. The effect of this By-law will be to allow a second dwelling unit in the upper storey of the detached garage building built in 2019 for short-term accommodation for family and friends. DISCUSSION Staff and planner have reviewed the application to rezone to permit the secondary dwelling and the proposal meets the Official Plan Section 2.1.12 Second Dwelling Units Agriculture and will meet the zoning requirements. ATTACHMENTS: 1. Rezoning Application June 26, 2019 2. IBI Group Memorandum dated August 19 2019 3. Draft Zoning By-law Z691-2019 Staff Report DS-57/19 Gingrich 2 RECOMMENDATION THAT Report DS-57/19 regarding Gingrich rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held August 15, 2019 associated with this application, there were no submissions received and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Lester and Lorene Gingrich described as Concession 2 Part Lot 26 at 5552 Godby Road from Agricultural (A1) to Site-specific Agricultural (A1-31); AND THAT Zoning By-law Z691-2019 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Paul Shipway Deputy ClerkjPlanning Coordinator CAOICIerk AN H44 MUNICIPALITY OF rAYHA^;" f"..'w. 56169 Heritage Lone ` RECEIVED !���! , Str::ffffordville, e) 9 NOJJ DIY® ®E'gnaIInntt�v §�® Phone (519) 866-5521 - Fax (519) 866-3884 JUN 2 6 2019 MUNICIPALITY OF BAYHAM APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be flied with the Deputy ClerldPlanning Coordinator or designate of the Municipality of ,ayham along with a cheq u- for th-: required anruount. The applicant sh:•uld retain one copy for their records. The information in this form must be con pleted in ffull. TMs mandatory information must be provided with a fee •'ff$2,000 (Zoning Hy-law Amendment or Temporary Use Zoning ":y-law) or $1500(Temporary Use Zoning =;y-I w Renewal) or $1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in MI, the application will be returned. Iffle, e3sh,- LA, c:1e lwr,�t r; b sh<.II assume responsibility for any addition,.=l costs exceeding theeeeposited amount rel ted t•: the said application and and-rstand and agree that for p. yment of said additional costs shall be a condition of this signed applic<:tion. I also :gree to accept all costs as rendered. L.,ea V.;- Gtelti r a A Property Owner Lere:1t c �174,-• Prc•perty ,owner FO FFICE USE ONLY DATE ! ECEIVED: AMOUNT RECEIVED: DEE . ED COMPLETE: RECEIPT# e FILE NO: *ATE ADOPTED LAY CSUhCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's j j Name(s): L.e3 } t 6 reA Lnr► f A Address: 37S,5-2 J6,1 Rd R fi Vicir q OW NOJ 120 Phone No. (Home): SI 87 y / 76 4 Business: Fax: Email: Lot and Concession (if applicable): Con j IV er J, 4- ti Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant/Authorized f Agent: L es�T � A ►n i C Address: 5-5^5 Z C-.JL l /2J /� k.2 L,lieririei ON IVO J 170 Phone No.: 57 Cl 87 y /7 6L/ Fax: E-mail: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant I Authorized Agent ( V) 3. Legal Description of the land for which the amendment is requested Roll # 3 I 01 000 60a 0. 701 ODod Concession: Con .z Alf Lot: PT Lei- a ‘ Reference Plan No: Part Lot: 2 d Street and Municipal Address No.: 5c$ 2 G- �i R c/ What is the size of property which is subject to this Application? 31,5 at'cs Area: I 2q 02'1 m2 Frontage: 1 10 m Depth: /4-15- When 4-/cWhen were the subject lands purchased by the current owner? fl c,� '3 1 24 I Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: How does the application conform to the Official Plan? mita \4-4,A r1Aq 04-v-a / cijf.. v4 Arot er-Fy 5. Existing Zoning By-law Classification: A I qyn«1�u,� ,�,�{. L NcA re�K q•-L, 1 1:111+ What are the current uses of the subject lands? / �Q��,✓IAq Var cup Crop CtAc C4-e- rt i"d't'/lte - If known, provide the length of time these uses have continued on this property. iut1 ec‘r_S 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 Setbacko. Setbacks �f� i o M n 0Ltje U4h qq/e t 53'� 10/1 711 7 _ C m •f 't✓ I/U1 m x21 n'1 64.40 c% c V . o v r) 85 •7Ori 215 ti 7 ,1-1 13—m aryl 75-,A 13011 17o I''1 m 6,y, Irl rrzti Aouse5 �,�� 6 S,h /5S11 lory, gt) a al'ill y 6ill X ren e4ri► If known, provide the dates in which each of these buildings were constructed. duje c,Ac C7aril 2O/2, yrtt� Y1C+.r.3C.S .30 o/-t4ct/para• 20/ 9 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. / / / ) / �[ /�� Ca s�c crl d Ct,7 d'W'e /1►r1 1 i'J1 G n etc r s J't6u�"I d n y(;44631t1/ � • - Scc�ia1 S � J J �/ Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested?` / �!'e vi-tie- Cu,i+�y -fol I 'ami 17 o r l\�'irl i. Q&Cc e- 4\e4 /C3 Ic& LS. S0 e7cdem,vc, aft o/ re/14- so Acs,A vo✓,dt 7c.vyo,-n7 to/a ?o _S hiy ur+'1'i I T�tr con Fin u +-kV' f/etc '4e 1 #11"4 Gly /n I. r c.s • 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes I i►r 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 He 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) / ( 11 co'v t n. 4-he �l zrkir e.- 0 cA eke s Tnlc h 1 !c�A7 P i ct d 0 a n y c 5P COA etl y dive +0 1-AC C,rop 5'7'-6 rt'y C th /7ti, c K46 f' 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 f1 �1� Setback Setbacks Rome)/ s o l a t[t`(/1 3 drat e 20O m SSM 7061 2 I 7-n 141 5; 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 ( t1 ) ( ) Agfa) ,,,A-1, 5 ecid,7 dove ��,:�y Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( / ) ( ) Individual Septic System ( d/ ) ( )nest, se m or sec...doIy Communal System ( ) ( ) c�wel�,`ny 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: 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 ( V 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. 014 How is the proposed amendment consistent with the Provincial Policy Statement 2014? e [®rid Qv dweII y r'.5 c', poet- c/ U S e- /r' ` ,'<C c,/, J 015. 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; (;,qe kv44-0- O 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 wt. 1/ 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). fpIf 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 dwelling, please provide the following information: Date surplus farm dwelling was erected: 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: 4-e5le r ° La r ept' rick , of the WM/ c. Name Town/T6inshi City/Village etc. ofZ���t YY? , in the County of , do solemnly declare: Municipality Name Coutety Name (i) that l&migthe owner(s) of the lands described above (ii) that to the best of my ouy knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint to act as an Agent on my/our behalf in all aspects of this 'cation. Owner(s) Signature(s): nd I/ a 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: 7"-c- /376,77 iytt`i % of ,Lc C1/r/ wner Agent in the County/Region of / ilk this 'YI day of /LO\e20 /9 . " ;;-)1,b ,t,vsT' "Jl� wner/Agent A Commissioner, etc. -- --- ■ I ncc., I Gadd, _—) 1 /c m lI 3c►' �4oclrs �-m I �nie Aic4"rs ho�,se i Q- t S — ; V Q CNN (GH 1 If i _ i O V 4 S m j �— i/�i (f7�. aCGC II C64"/ tscuse, y, : 1 ) soil-S. leen J --R pi'vf-631 J/tt one�o 11we��,v�lr erµv01, --->I � 0 S oD n^ I / L1 wOeels \., V H ( ELGIN MAPPING _ 2 _ m.:' pplIPPPIP--- . ` rU �.� VG. ,;gin; Legend __ _,- . E911 II 57481 57478 a -- Local 5752 a Arterial 575'32 — Highways 57565 ❑ Lagoons I� :57568 57604 World Imagery 5751 57629 II } �. — :57741 E. 0 C) 11 5652— 1 1 Ii I I r ,i ,5552 I 5494 4l , 1: 8,815 ,::, ., Notes l 0.4 0 0.22 0.4 Kilometers This mapis a usergenerated static output from an Internet mapping site and is for p pp 9 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 I203-350 Oxford Street West BI London ON N6H 1T3 Canada tel 519 472 7328 1 I ibigroup.com Memorandum To/Attention Municipality of Bayham Date August 19, 2019 From Paul Riley, CPT Project No 3404 - 731 cc William Pol, MCIP, RPP Subject Lester and Lorene Gingrich -Application for Zoning By-law Amendment - Part Lot 26, Concession 2, 5552 Godby Road 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by Lester and Lorene Gingrich, for a property located at 5552 Godby Road, east side, south of Tunnel Line. The applicant is requesting a zoning by-law amendment to change the zoning regulations on a 12.9 ha (31 acre) parcel of land from an Agricultural (A1) Zone to a site-specific Agricultural (A1-XX) Zone in order to permit a second dwelling unit in the upper storey of the accessory building with a ground floor area of 135 m2 (1,453 ft2) for the accessory use in Zoning By-law Z456- 2003. The subject lands are designated as Agriculture on Schedule "Al" Land Use and Hazard Lands on Schedule "A2" of the Official Plan of the Municipality of Bayham. The lands are currently zoned Agriculture (A1) and LPRCA Regulation Limit on Schedule "A" Map No. 15 in Zoning By-law Z456-2003. 2. The parcel has a lot frontage of 110 m (360 feet) and a lot depth of 415 m (1,361 feet). The property comprises a single family dwelling, a detached garage, a barn and three greenhouses. Godby Road is a municipal road maintained year-round and according to recent Google Streetview images, the access width and location are adequate for the proposed use. Surrounding land uses are agriculture. There is a farm building cluster on the adjacent property to the north, the dwelling being approximately 150 m from the proposed use and screened by a small woodlot and greenhouses. 3. The Municipality of Bayham Official Plan Section 2.1.12 Second Dwelling Units Agriculture permits second dwelling units, not to be used for seasonal labour, in the agriculture designation where a single detached dwelling is permitted, in accordance with the policies of Section 4.7.1 Second Dwelling Units of the Official Plan. There is adequate parking area, evident in recent aerial photography; the water service is to be shared with the primary dwelling and a new septic system is to service the second dwelling. Section 4.7.1 c) policy indicates the second unit gross floor area (GFA) shall not be greater than 40% of the combined total GFA. The second unit GFA is 135 m2 and the dwelling has GFA of 420 m2. The proposed second unit is 24% of the primary and secondary dwelling GFA, in accordance to the policies of the Official Plan. Supplementary farm dwelling use is prohibited. IBI GROUP MEMORANDUM 2 Municipality of Bayham—August 13,2019 4. The Second Dwelling Unit policies of the Official Plan were added in February 2019 through the Five-Year Review process. The Zoning By-law is currently being reviewed and additional regulations are to be added to permit and regulate second units in certain zones in response to the new Official Plan policies. The proposed zone change is in conformity to the expected Zoning By-law amendments for second dwelling units. 5. The Agricultural (Al) Zone permitted use includes one single detached residential dwelling unit and accessory use. The primary and secondary dwelling maintain the minimum setback requirements in the Al zone. Section 4.2 Accessory Use indicates that the height of accessory buildings shall not be more than 6.0 m whereas the accessory building is 7.0 m in height. The existing accessory building height of 7.0 m is minor in nature and shall be recognized in the amendment. 6. We have no objection to the proposed rezoning from the Agricultural (Al) zone to a site- specific Agricultural (Al-XX) zone in order: a) To permit one second dwelling unit in the accessory building with a floor area of 135.0 m2 maximum; b) To prohibit supplementary farm dwelling for seasonal farm labour; c) To permit an accessory building maximum height of 7.0 m; IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z691-2019 GINGRICH BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 15 by changing the zoning symbol on the lands from Agricultural (A1) zone to site-specific Agricultural (A1-31) zone, which lands are outlined in heavy solid lines and marked A1-31 on Schedule "A" Map No. 15 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exception —Agricultural (A1) Zone by adding the following clauses: 5.12.31.1 Defined Area Al-31 as shown on Schedule "A" Map No. 15 to this By-law. 5.12.31.2 Permitted Uses One (1) second dwelling unit in the existing accessory building with a floor area of 135.0 m2 maximum; in addition to all other uses permitted in the Agricultural (A1) Zone 5.12.31.3 Prohibited Uses Supplementary farm dwelling for seasonal farm labour in the second dwelling unit 5.12.31.4 Maximum Accessory Building Height 7.O m 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 TIME AND A SECOND TIME THIS 5th DAY OF SEPTEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF SEPTEMBER 2019. MAYOR CLERK iii I. SEE SCHEDULE A•MAP No.12 I II iII t I. Il li 3 ) \, / I \ /1 1i4.1a''�a 11 I — 1/f 1' o 1 fr Q LOT 19 \i ( /' 1 A \ \ 1II l Q .) LOT,20 /I t 1 \ (J 2 2 { _.II 0 I A���. A. v ' CON 2 v I V c L �i D \ \� `' 0! 21 \ ,\ i1 A1-31 _ {—\ " _ LUT 22 \ _\ \ ` \ ,,II N KQT23 -„J \ \; i ;II 111 m _-i LOT14 I` / I. --_,� \ 1 LOT 25 \ / I; �,` `� /> 1`I' LCT 25 I / \ ' 'J \ / N ,it/ 7. N _ \/ / /-cOT2 I \I ` —\ _ `\ i / 1.. \/ / �, \ \ I 1 I I -6.46:1 ii \1 I \ \ \ .4:--r•i I' II \. i; S \ h \\ _ ,i GN 1 it I, \ id \ '.,t \ I N III v E,i \ fp \ II N \ II. '. „ II 11 � ., `\ j if i LAKE ERIE VL`y`. `�� '.11 I' This is Schedule"A”to By-law h'0 �11' <`iic-_ � No.Z691-2019, passed the ,,': ;,. dayof ,2019 ti.. 1,11 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE A Legend NORTH MAP No. 15 12 LPRCA Regulation Limit 0 ]00 400 000 Moires BY-LAW 2456-2003 CONSOLIDATED APRIL 12,2019 voxYHAdvi -2.-,4,, ,,,,,,,--,-10,,,, ,-„,10,„ REPORT ,/,-/,/, -_,,:,,_ ,_',"0.4,-::.:-".,. ''_: , ' o ` ' _ .Fs 4.� DEVELOPMENT SERVICES Aportunity Is�o4 TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 5, 2019 REPORT: DS-58/19 FILE NO. C-07/ D13.WEBER Roll # 3401-000-002-15310 SUBJECT: Zoning Amendment Application —Weber Zoning By-law Z692-2019 BACKGROUND: Mark Weber has submitted a rezoning application to rezone his property located on the west side of Plank Road, north of Light Line, known as 7057 & 7059 Plank Road. The lands are designated Agriculture on Schedule "Al" Land Use of the Official Plan and currently zoned Rural Residential (RR) on Schedule "A" Map No. 11 in Zoning By-law Z456-2003. A public meeting was held August 15, 2019 with only the land owner in attendance. At the time of writing this report no additional applicant or public comments were received. The purpose of this By-law is to change the zoning on a 6,240 m2 (1.5 acres) parcel of land from a Rural Residential (RR) zone to a site-specific Rural Residential (RR-41) zone to permit a federally licensed cannabis cultivation, micro use as an accessory industrial use to the main residential use; to permit the outdoor cultivation with a growing area of 200m2 (2,152 ft2); and to permit the indoor drying, curing and packaging of the cannabis flower inside the existing accessory building of 44.9m2 (484 ft2) floor area for the accessory use, in Zoning By-law Z456- 2003. The effect of this By-law will be to allow cannabis cultivation, micro use as a secondary use; and to allow harvesting of cannabis within an accessory building. DISCUSSION: The rezoning will permit a secondary use to the main permitted residential use. In order to be operational, the micro-cultivation of cannabis is required to be consistent with the Cannabis Act legislation and permitted by a Federal license for the cultivation of cannabis. Please refer to the planner's memorandum dated August 19, 2019 for details and analysis of the application to the planning documents. DS-58/19 Weber 2 Staff and planner support the zoning by-law amendment and recommend approval of the zone change to permit the secondary use. ATTACHMENTS 1. Zoning By-law Amendment Application dated 2. IBI Memorandum dated August 19, 2019 3. Draft Zoning By-law Z692-2019 RECOMMENDATION THAT Staff Report DS-58/19 regarding the Zoning By-law Amendment for Weber 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 August 15, 2019 associated with this application, no verbal or written submissions were 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 Rural Residential (RR) Zone to a site-specific Rural Residential (RR-41) Zone on property identified as 7057 & 7059 Plank Road; AND THAT Zoning By-law Z692-2019 be presented to Council for enactment; Respectfully Submitted by: Reviewed by: Margar t Underhill Paul Shipway Deputy ClerkiPlanning Coordinator CAOICIerk XYHA4 NIUNiCIPAI_ITY •F ;;AYHA f�► , 66169 Herit,.:g- Lin- P.O. Box 160 1=( .�'�u Stra$�ordville, O b�®�1J ��(® RE C E 1 : „ V ED P°:"Eu nit),�� Phone (519) 866-5521 a Fax (519) 866-3884 JUN 252019 APPLOCATION F'•FS AlMIENIMENT IS THE Zi NING ZY-LAWp� IUWICIPALITY OF BAYHAM THE r. lU1 NOCCOPALOTY OF BAY'-,A This applic tion must be filed with the Deputy Clerk/Planning Coordiiator or designate of the rvlunicipality of E-'ayham aiong with a chequ- for the r-quired amount. The applicant should retain one copy for their records. The information hi this form must be completed hi full. his mandatory information must be provided with a f-ce of$2,000(Zoning By-law Amendment or Tempora, Use Zoning Xy-laves) or X500(Temporary Use Zoning By-law Renewal) or$1500(Zi niig Amendment to Remove Holding Provision). If the application is not completed hi fully the application will be returned. r 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 con.ition of this signed application. I also agree to accept all costs as rendered. Property Owner Property Owner FOR ( FFICE USE •1191=x( 000 - 00,2,- 1�� /c, r DATE RECEIVED: AMOUNT RECEIVED. ;' • DEEMED COPLLETE:Ju iy ,";1 y��`/ RECEIPT# : ; r. ,, • FILE N 0): 1^1'"` /4/1:r) - DATE ADOPTED BY COU .CIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): r\<, Address: o \ 9 0 Phone No. (Home): a ac:. l c( 3 0 3 c Business: Fax: Email: 10�.` �r .�a , c c�• " C roc: ,l ,Q0", Lot and Concession (if applicable): C,o-v-\ 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. c,04 2. Applicant/Authorized Agent: Address: Phone No.: Fax: E-mail: Please specify to whom all comm ications should be sent: Registered Owner ( ) �f pplicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested • Roll # 3 -i Ol 600 00a 153Io 0000 Concession: ,, Lot: P-{ Lo-t i 5 F& Reference Plan No: Part Lot: Street and Municipal Address No.: '" l r,w`t R k\ U e-riv— 0 ,).) What is the size of property which is subject to this Application? Area: 6a I- o m2 Frontage: p m Depth: When were the subject lands purchased by the current owner? 07pa Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: 1\cac;(AAA,,.c A_ How does the application conform to the Official Plan? Co , C S A ..v 1/-5-e--1/-5-e-- �— P r,r b �.�1 ,w) � '31AC ? 5. Existing Zoning By-law Classification: R Sk rc,�r-,-� 'MS s ' "�; c \ What are the current uses of the subject lands? RQ‘', ckkA,u,\ / 0 ' If known, provide the length of time these uses have continued on this property. CA k,\cs(i) 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 p C',<�,c..�,x I O 0 6i so 6 + i ao 6-I 1: (9-,,(3.Q ter.-. 4, t O 6 ,z0-. 6.-i .1 < ,.__,,_ i_ 0 x c _ If known, provide the dates in which each of these buildings were constructed. tei a ‘a_ 020 I° c,,r--. /Grc ,„ (c`c .s' -.? 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. IN r ..• : G..\ Cyt,.. ci lA5.4._. _b6� (" ;c r`o \�\J�� 6`--\ -- si J /dc * / cikAr'S 1 / ve—C ` s% Lro C O;nA1(. aL. ()p3 -...-QA\_2_r , s '�,1—C.t._ k,4-0�4C-e_r ( ( ,Com,sJ /v%k,\I e_,A Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? ,o o vc.,) .,,a\—,-, . q f\-,2„.31c,c.„-\ 1 Rsl_cc.,--\ \ CU,\,..r.`o; N G r 13 C o i.,,---A_,, ( fyv,(A-0 Cv.\A„ ,,,,..‘V--.-„, l/�v.--:U, (200 YV. 8. Does the proposed Zoning By-law amendment implement a growth boundary YesNo 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? YesNo 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) 1 Q �,,,-' (A C)v r ! T Cil o a r Gc, r.<,b:s vim, c 'o C,wA`1 • <":k '. 3--. C Lit C) a r cy O W / ( ) )C-%1 +1"ion,ryw ! c,,_,,(l '�c /pckc1 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 Nip • 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 C�c• a ( / ) ( ) 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: fr Proposed Outlet: / Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ' ) County Road ( t/r 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. rJ /►c 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 0o 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 �-c'� Ct.`F/Tct C ' Municipality of Bayham Zoning By-law Amendment Application Page 8 20. Of this application is to accor,r,:.date the consent of a surplus far: dwelling, please prr0vid:- the fi flowing inform:tion: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated. Roll # 34 - 01 - 911 Address: Zoning Classification: Mc.r- , of the oS.' U -\r w,. 0 iJ Name Town/Township/CityNillage etc. of �Cn.A.i ,.,.. , , in the County of , do solemnly declare: Municipality Name County Name thatiWc 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 glum in this application ..nd in all exhibits transmitted are true. (Hi) that I/We hereby appoint to act as an Agent on my/our behalf in all aspects of this applic tion. owner(s) Signature(s): Z//1 ) . And l/Wi e make this solemn declaration conscientiously believing it to be true, and knowing that it is of tIm same force and effect as if made under oath, and by virtue of the "Canada Evidence IFCLARED BEFORE ME at the: NZ//: 76/1 Ce a/'V. of / L1 �� Owner/Agent in the County/Region of this day of jitrt 20 . l owner/A•;ent 2//‘)/e;(_-,4:// /- A Commissioner, etc. RECEIVED JUN 2 5 2019 MUNICIPALITY OF BAYHAM We are in the final stages of application for a cannabis micro cultivation lisence with health Canada. All facilities are in accordence with Health Canada security and provisional standards. We will be obtaining young transplants from a Health Canada Lisenced facility and/or starting our own transplants on site. Transplants will be planted in a outside grow area which is fenced and secure as to standards. (grow area indicated on attached) At harvest the plants will be cut, initial trim and hung for drying in the packaging area,this area will also be used for final trimming, and curing of the flower. At this point Cannabis product will be bulk packaged for sales and delivery to other lisenced facilities. (retail or for further proccesing) (indicated on attached) /71 C��� ca( Q-1,°-1 � d3Cg I rx) ^.'4 r (;' rg. 4:73 ‘'-1 C\/ C\/ A x 1•� 18.00 S o,,....a � ` Ci -, ........... . (1686) 44 04 '471•• •-,4-.trkitr 7 6g r ix•i,v 6:- j-. I .--I-,-. 0- aajje.a4 x x`-j i i; p PART 1 �. t'° M 6' PLAN �1R-9053 i ~ R Lia of ti i I W 1-a PIN 35332--0658 (LT) 1 Z) „�, o N, pRFESE) TRc s $ q 'n� 43.49 (7Re�5} erl 1 a. 59.17 •+ Oji 21:4 o �� 1 h 0,1RAd3S E 0 C) l )ficita7n420 M C.4122 � 34.80 1�.. 0 "Y . fip yoTats) M ��=*,a, iao P�h 2 .07 f2{ 0. Q ,762 , 2405 ar? (2) 1-T4 ® (Po00-1----.to - ti � ' cL in Z cm hit_0 ;s EMBOSSED WITH THE SURVEYORS SEAL. NOTE. THE FOLLOWING APPLY UNLESS OTHERWISE NOTED: ALL BUILDING 111 ALL. FREE DIMENSIONS ARE TO CENTRELINE. • LEGEND 2.5cm X 2.5cm X 1.2m STANDARD IRON BARS SHOWN -CI- SIB 1.6cm X 1.6cm X 0.6m IRON BARS SHOWN -Cl- 16 CT AND IN ACCORDANCE WITH 1.6cm ROUND X 0.6m IRON BARS SHOWN -Q.. is 0 ACT, AND THE LAND TITLES ACT, LOT LINES SHOWfii ....___.r..„..--.._ _._._ THEM. DEED LINES SHOWN lE 1st DAY OF APRIL 2019. FENCE LINES SHOWN ---X X^----X X X CENTRE LINES SHOWN --_------r-----_ KIM HUSTEO ROAD LINES SHOWN — ONTARIO LAND SURVEYOR FOUND IRON BARS SHOWN -s-- PLANTED IRON BARS SHOWN -0- I I I PART 2 I SURVEYOR'S REAL PROPERTY REPORT I PLAN 1IR-6499 I I I ARI PART 1 ) PLAN .I L + OF PART OF LOT 15, CONCESSION 4 , � a, (GEOGRAPHIC TOWNSHIP OF BA YHAM) _...a'Q:�� MUNICIPALITY OF %�/ P BA YHAM Os IA '= IN THE COUNTY OF ELGIN Q N' .!41 s F+ 0 SCALE' 1: 750 HE ^ M E. 1^ Q" q1� 7.50- 30 METRES 1.,�,,, ey 1 Z ' '..1 KIM HOSTED SURVEYING LTD. �ti F,,44 a ICJ q AssNacrearsao QI v•-.1 `I.''' RIX A lmSSEN FBBI 2086657 trl, EOy�,a ,67)' —6— nasi ��qq �r n N N."r3'a0•W L' qp 0 0-1 N YB RJJISMRVILp -;--11--ELTzi { K� ((fA r»„ I ,�!' METRIC NOIR` wEtt F�OPY O (0.%E Id .79�jj� t 0. DISTANCES SHOWN ON THIS PLAN APE IN METRES AND RIM BY 0 AA a L� M -a ^���'��.�� =` ® 1. wntrm win e CAN BE CONVERTI:O TO FEET BY DIVIDING BY 0.3048. %AWN Ua swam p0 03 to ° 1� Bif _ aI.S w A,, 0.ar SURVEYORS REAL PROPERTY REPORT `� €^ Ia w o f PART 2) REPORT SUMMARY O� 0 ����—�'"LA J F OF LAND Twy E CV Iia I r "�''F PART 1 • v BEING PART DNF LOT1 CONCESSION 4, ti M � ' PLAN 11R-9053 I q 0 (PART 1,PLAN 11R-9053) r^ I. ��T11��`'��� �{ "1 C' N I.IUNIGPALITY or BPYHAM IN THE COUNTY OF ELGIN 1v1�� Q PIN 35332-0658 (LT) o Q DESIGNATED AS PIN 35332-0658(LT). 4 R pI; ) �I OB I RX113 ®Q®6d� IV45 AND/OR RIGHTS OF WAY • Man Mau--_ °comlT ..1 1 g rej NONE O .or _��sO E-1 4T".. maO xz !VOTES OF CONCERN NONE a6) m ,.�4 " q ./ uaT � �' • a q CVUPLIANC4WITS MUR63PAL ZONING BY-LAWS COVERAGE AGE U V QQ NOT CERTIFIED BY THIS REPORT. LOT AREA .5805 OM. _ t'` BLOCS.AREA -.361 50.M. 1 N763J' W _1 2�'� 4, 0Qc; :y w LOT COVERAGE.6,2 X P.y `I +�J WADDITIONAL RER.INA r v., BUILDING TIES ARE TO THE CONCRETE FOUNDATION CORNERS. ��""���"""fff THIS REPORT WAS PREPARED FOR MARK WEBER AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR THE USE BY OTHER PARTIES. OTE 0 ^a�y.Qi O \i NTH REPORT CAN BE UPDATED BY THIS OFFICE,HOWEVER NO ADDITIONAL PRINTS 1-4 rO L(d� __ y� OF THIS ORIGINAL REPORT WILL RE ISSUED.SUBSEQUENT TO THE DATE OP V .,1 n m'§5 l CERTIFICATION. E. 14 0Ri ,• V N © COPYRJGBT EDI HUSTED SURVEYING LTII 2018 0-. 0 NO PERSON MAY COPY,REPRODUCE,DISTRIBUTE,OR ALTER THIS PLAN.IN WHOLE N i `OR IN PART,WITHOUT THE WRITTEN PERMISSION OF KIM HOSTED SURVEYING LTD. C M Z ow PM 1 REARING RAIBRENCR El: I BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE WESTERLY LIMIT OF THE ROAD ALLOWANCE BETWEEN LOTS 15 AND 16 AS SHOWN ON PLAN 11R-9053 THIS IS NOT A VALID COPY UNLESS EMBOSSED WITH THE SURVEYORS SEAL. NOM THE FOLLOWING APPLY UNLESS OTHERWISE NOTED:ALL BUILDING TIES ARE PERPENDICULAR TO PROPERTY LINES. HAVING A BEARING OF NO072'30'W ALL TREE DIMENSIONS ARE TO CENTRELINE. F.W. C.B. SURVEYOR'S CERTIFICATE LEGEND KIM HOSTED SURVEYING LTD. 2.54m X 2.5cm X 1.2m STANDARD IRON BARS SHOWN -CI-SIB MEASURED SHOWN M) a� ISTEIIMICIMIIIM I CERTIFY THAT: 1.6cm X 1.64m X 0.6m IRON BARS SHOWN -T}IB SET SHOWN 5) ONTARIO LAND SURVEYORS 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH1.60m ROUND X 0.6m IRON BARS SHOWN -IB 0 MINISTRY OF TRANSPORTATION OF SHOWN 1678) LIEMI THE SURVEYS ACT,THE SURVEYORS ACT,AND THE LAND TITLES ACT, LOT LINES SHOWN ---..------- ONTARIO,GEOMANCS SECTION SHOWN 996) 30 HARVEY STREET AND TIE REGULATIONS MADE UNDER THEM. DEED LINES SHOWN - K.S.HOSTED.O.L.S. SHOWN 1582) 2. THE SURVEY WAS COMPLETED ON THE 1st DAY OF APRIL,2019. FENCE LINES SHOWN —X—X•—XX---X— WITNESS MONUMENT SHOWN 'NT) TILLSONBURG, ONTARIO N40 3✓8 PROJECT No.-19-16743 CENTRE LINES SHOWN ------^-- ----- ORIGIN UNKNOWN SHOWN OU) KIM HOSTED ROAD LINES SHOWN — — POST&WIRE FENCE SHOWN POW) PHONE(519)842-3638 FAX:(519)842-3638 DATED: APRIL 16,2019 ONTARIO LAND SURVEYOR FOUND IRON BARS SHOWN- PLANTED IRON BARS SHOWN 43- PLAN 11R-9053 SHOWN P1) PLAN 11R-9053R- DISK No.- 6915OWN (P 11.41411,I101 wEeEP WPI LOT16 CCNA9I.WMeINM.WI]L19e6T2112110 IBI GROUP 203-350 Oxford Street West I B I Ld onon19 ON472 73 1T3 Canada tel I ibigroup.com Memorandum To/Attention Municipality of Bayham Date August 19, 2019 From William Pol, MCIP, RPP Project No 3404 - 732 cc Paul Riley, CPT Subject Mark Weber-Application for Zoning By-law Amendment- Part Lot 15 RP, Concession 4, Part 1, 11r9053, 7057 & 7059 Plank Rd 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by Mark Weber, for a property located at 7057 & 7059 Plank Road, west side, north of Light Line. The applicant is requesting a zoning by-law amendment to change the zoning regulations on 6,240 m2 (1.5 acres) land from a Rural Residential (RR) Zone to a site-specific Rural Residential (RR-XX) Zone in Zoning By-law Z456- 2003. The change is to permit a federally licensed cannabis cultivation, micro use as an accessory industrial use to the main residential use; to permit cannabis cultivation, outdoor use with a growing area of 200 m2 (2,152 ft2); and to permit the indoor drying, curing and packaging of the cannabis flower inside the existing accessory building of 44.9 m2 (484 ft2) floor area for the accessory use. The subject lands are designated as Agriculture on Schedule"Al" Land Use of the Official Plan of the Municipality of Bayham. The lands are currently zoned Rural Residential (RR) on Schedule "A" Map No. 11 in Zoning By-law Z456-2003. 2. The parcel has a lot frontage of 80 m (262 ft) and a lot depth of 78 m (256 ft). The property comprises a single family dwelling, a garage and a barn. The garage has a floor area of 44.9 m2, is setback 39 m from the front property line and 23 m from the southerly property line. Surrounding land uses are agricultural in nature, however, there is a dwelling across Plank Road 50 m away and two dwellings and farm building cluster south of that, four dwellings 200 m south on the west side of Plank Road, and a dwelling 120 m to the north of the growing area. 3. Cannabis Cultivation, Outdoor and Cannabis Cultivation, micro- use are permitted on a site-specific basis via Zoning By-law amendment subject to the applicant having a valid federally licensed permit to cultivate cannabis. Micro-cultivation of cannabis use is intended for small-scale operations and the federal license restricts the size of the operation to no more than 200 m2 plant surface area and requires adequate security measures be implemented, such as fencing and surveillance. The applicant has indicated that a license has been issued. 4. Outdoor cultivation of cannabis has potential impacts on neighbouring uses due to odour and lighting. Indoor cannabis cultivation facilities include air treatment systems used to mitigate the odour. The cannabis cultivation activities take place outdoor and the drying and packaging take place indoor. The garage will have air treatment systems installed, as part of the cultivation license, while the growing activities take place outdoor. The growing of cannabis outdoor is going to be like any other field crop where on occasion there may be an odour present in the immediate area. The subject lands are in an agricultural area where crop odours IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—August 19,2019 are likely to occur. There are eight dwellings within 200 m of the subject lands one of those dwellings is within 50 m. According to OMAFRA some municipalities in Ontario are including setback regulations for outdoor cannabis operations, typically ranging from 75 m to 150 m but are exempting micro cultivation. Bayham's Zoning By-Law does not include setback regulations for cannabis cultivation. Based on a cannabis growing area limited to 200m2, the cannabis being grown in an agricultural area during the outdoor growing season like other crops, with drying/trimming/packaging activities taking place indoor with air treatment equipment does not represent a significant impact on nearby residential uses. 5. The Rural Residential (RR) Zone Regulations list of permitted uses includes one single detached residential dwelling unit on one lot, agricultural home occupation and accessory uses. The accessory building /garage for packaging is in conformity with the provisions for setbacks, location on the lot, height, etc. in Section 4.2 Accessory Uses and Section 7 Rural Residential (RR) Zone regulations. 6. The Zoning By-law defines an agricultural home occupation as "an occupation for gain or support, associated with an agricultural use or a residential use, which serves agricultural uses and which is conducted by only persons residing on the premises." The proposed cannabis cultivation use is a home based business similar in scale and function to an agricultural home occupation. The following items include the intent of each provision from Section 4.6 Agricultural Home Occupations and considerations related to the proposed accessory use: a) Storage of materials, containers or finished products in the front or side yards shall not be permitted; The proposed packaging activities take place inside the accessory building, no outside storage is permitted. b) Any building or structure, excluding that for residential use, used for an agricultural home occupation shall not exceed seventy (70.0) square metres of floor area; The proposed floor area is 44.9 m2 where 70 m2 is the permitted maximum for agricultural home occupation. c) Agricultural home occupations shall include only a carpentry shop, a welding shop, a machine shop, a small tool repair shop, and home craft operations such as pottery, weaving operation, baking, canning of preserves..... and other related farmers' market products. The proposed use is a home-based business for the cultivation of cannabis, the packaging of the cannabis grown on the site and operated primarily by the residents. The land use activities within the accessory building are similar in scale to the listed permitted uses for agricultural home occupation. d) Farm processing uses outlined above shall have a primary product which is grown on the farming operation which is operated by the farm operation owner; may permit a maximum of five (5) additional employees; may include IBI GROUP MEMORANDUM 3 Municipality of Bayham—August 19,2019 a processing facility to a maximum of 464.5 square metres; and may include an associated retail area not exceeding 70.0 square metres. The primary product is grown and harvested by the owner/resident in the proposed outdoor micro-cultivation growing area and packaging within the accessory building in conformity with the building floor area maximum of 464.5 m2. Retail use is not proposed on site. The extent of the "processing" is the trimming, curing/drying and packaging of cannabis grown on site similar to an agricultural home occupation primary product. No more than five additional employees are permitted for the use. Agricultural home occupation use is a listed permitted use in the Rural Residential (RR) zone. Based on the review of agricultural home occupation criteria the proposed micro-cultivation and harvesting of cannabis use is similar in scale and function to an agricultural home occupation. A micro-cultivation of cannabis accessory use could be considered by way of a site-specific rezoning based on: similarity to an agricultural home occupation use, a listed permitted use in the Rural Residential zone, with no outside storage and the primary product being grown and harvested on site primarily by the resident with a maximum of five additional employees. 7. We have no objection to the proposed rezoning from the Rural Residential (RR)zone to a site-specific Rural Residential (RR-XX) zone, conditional upon the applicant obtaining and maintaining a Federal license for the cultivation of cannabis, to permit: a) accessory micro-cultivation of cannabis use accessory to the primary residential use; b) accessory outdoor cannabis cultivation to a maximum 200 m2 c) accessory building total floor area maximum of 44.9 m2 for the trimming, curing/drying and packaging of cannabis grown on site d) indoor storage of all packaging materials and/or goods e) a maximum of five (5) employees waii.n, IBI Group William Pol, MCIP, RPP Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z692-2019 WEBER BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 11 by changing the zoning symbol on the lands from Rural Residential (RR) zone to site- specific Rural Residential (RR-41) zone, which lands are outlined in heavy solid lines and marked RR-41 on Schedule "A" Map No. 11 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 7.13 Exception — Rural Residential (RR) Zone by adding the following clauses: 7.13.41.1 Defined Area RR-41 as shown on Schedule "A" Map No. 11 to this By-law. 7.13.41.2 Additional Permitted Use Cannabis Cultivation, Micro; and, Cannabis Cultivation, Outdoor, in addition to permitted uses in the RR zone. 7.13.41.3 Supplemental Regulations Outdoor storage of any materials and goods related to the Cannabis Cultivation-micro is prohibited. Maximum number of five (5) employees of the cannabis cultivation operation shall be permitted on the premises at any time. 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 TIME AND SECOND TIME THIS 5th DAY OF SEPTEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF SEPTEMBER 2019. MAYOR CLERK ' SEE SCHEDULE A-MAP No.$ SEE "m>,. SCHEDULE A -MAP No.9 r' i I , I 1 i I a 1 d f C _ t RR-41; i 1. 1' a 1 z4u�,yz}�, J� t y L T I/ 1 m ati w ",. , w u I Q w J t _ O , (n w - SEE SCHEDULE H w -MAP VIENNA CNlfPL:a 1 t SEE u✓, 1 7 SCHEDULER ! y / / -MAP No.13 _ This is Schedule"A"to By-law - - No.Z692-2019,passed the ; .,, day of ,2019 SEE SCHEDULE A-MAP No.14 Mayor Clerk MUNICIPALITY OF BAYHAM A. SCHEDULE A Legend NORTH MAP No. 11 r.. LPRCA Regulator!Limit 0 200 400 900 Metres ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 Subject: Ontario Launches 2019 Excellence in Agriculture Program Ontario 0 Newsroom News Release Ontario Launches 2019 Excellence in Agriculture Program August 23, 2019 Calling all New and Innovative Ideas in Ontario Agriculture Today, Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, announced that the Excellence in Agriculture program is open to receive applications and now includes a new category to recognize outstanding young farmers. The Excellence in Agriculture program recognizes agri-food innovations and advancements that demonstrate leadership, product development or technology advancement that will benefit the sector. The innovations recognized will be those that have potential to help move the agri-food sector forward, so it is better positioned to thrive here at home and on the global stage. "I'm so pleased to launch the 2019 Excellence in Agriculture program. Ontario's agri-food sector has always been innovative," said Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs. "Our farmers and processors always amaze me with their innovative ideas and projects. Innovation is what will allow Ontario to compete and succeed locally and on the world stage." In addition to primary producers, processors and agri-food organizations, the 2019 Excellence in Agriculture program has a new category to recognize outstanding youth leaders in the agri-food sector. Youth under 29, who are residents of Ontario and have an innovation with a direct link to the agri-food sector, are encouraged to apply. There is also a new category focussed on innovation. Application criteria for all five applicant categories can be found in the program guidebook. The top innovation in each of the five categories will receive a plaque in recognition of their achievement and will be featured in a promotional video. All recipients will have access to the Excellence in Agriculture wordmark to be used for marketing and promotional purposes, and up to 15 honorable mention recipients will receive a certificate. Applications can be submitted until October 11, 2019. "Ontario's agri-food sector is a driving force for innovation and economic growth in our province," said Hardeman. "Agri-food innovators are always pushing boundaries and expanding economic opportunities for our agri-food sector." Ontario is a strong supporter of the agri-food sector and is committed to the province's farmers and food processors. Our farmers produce more than 200 commodities and support food and beverage manufacturers whose products feed our local communities and the world. The sector contributes over $39.5 billion to the local economy and employs one in eight Ontarians. Solicitor General Solliciteur general Office of the Solicitor General Bureau de la solliciteure generale 25 Grosvenor Street, 181h Floor 25, rue Grosvenor, 18e stage Toronto ON M7A 1Y6 Toronto ON M7A 1Y6 Ontario Tel:416 325-0408 Tel.:416 325-0408 MCSCS.Feedback@Ontario.ca MCSCS.Feedback@Ontario.ca August 26, 2019 As you may be aware, the Public Reports Regulation (0. Reg. 377/18) under the Fire Protection and Prevention Act, 1997, was scheduled to come into force on January 1, 2020. The regulation was established to standardize the reporting of fire department response time data and make this information available to the public. Our government has heard concerns about the Public Reports Regulation, including the system updates that would be required for operationalization and the scope of the reporting requirements. After hearing this feedback, our government has decided to repeal the regulation effective August 26, 2019. Repealing the regulation will allow the ministry to work with stakeholders on a broader review of how fire service data is collected by the province. After this review is completed, we will develop balanced options and decide about the potential publication of fire service data, to best meet the needs of all our fire safety partners. We are committed to listening to municipalities and our first responders as we work to create a public safety regime that puts people first and provides our frontline heroes with the tools and resources they need to keep communities safe. Should you have any questions or comments, please contact SOLGENinput@ontario.ca. Sincerely, /4P- Sylvia Jones Solicitor General ( " I Af' Ontario,Canada The Corporation of the Town of Aylmer lmer 46 Talbot Street West,Aylmer, Ontario N5H 1J7 Office: 519-773-3164 Fax: 519-765-1446 Proud Heritage.Bright Future. www.aylmer.ca August 14, 2019 Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 Attention: Paul Shipway, Chief Administrative Officer/Clerk Via email: pshipway@bayham.on.ca Re: Aylmer Police Costing Please be advised that at their Regular Meeting held on August 12, 2019, the Council of the Town of Aylmer passed the following resolution: Resolution No. 283-19 Moved by Councillor Barbour and seconded by Councillor Oslach: That the correspondence from the Municipality of Bayham regarding continued interest in an Aylmer Police Costing be received for information; and, That Council acknowledges Town of Aylmer Resolution No. 208-16, which stipulates that costing for the provision of Policing Services to the Municipality of Bayham shall take place following costing for the Township of Malahide; and, That Council directs staff to send correspondence to the Aylmer Police Services Board requesting an information/ presentation package for the Township of Malahide Costing to be received by Council at a future meeting; and further, That Council directs staff to contact Tom Gervais of the Ministry of the Solicitor General regarding the costing process and to assist in answering additional questions Members of Council may have. The motion is Carried. Any questions or concerns may be directed to the attention of Jennifer Reynaert, Chief Administrative Officer. Regards, Josh Brick Director of Legislative Services/Clerk j b ri ck@town.ayl m er.o n.ca jc'\ A" )n Ontario,Canada The Corporation of the Town of Aylmer NI 46 Talbot Street West,Aylmer, Ontario N5H 1J7 Office: 519-773-3164 Fax: 519-765-1446 Proud Heritage.Bright Future. www.aylmer.ca August 12, 2019 Karen Vecchio, MP (Elgin-Middlesex-London) 750 Talbot St., St. Thomas, ON N5P 1E2 RE: PRESERVING RAIL CORRIDORS AND EXPANDING RAIL USAGE Dear Karen Vecchio, MP, This letter is being provided to outline the critical role that rail has in supporting the economic diversity and strength of local economies. In particular, Ontario's regional or short line railways play a big role as"first and last mile"feeders to the continent-wide rail system. By lowering costs and providing a more community-based service, they enable employers, both large and small, and in small to medium sized communities,to remain viable while supporting a significant number of jobs and related taxable assessment. Further, short lines carry one-fifth of all rail tonnage in Canada. Rail has supported job growth and investment in the Aylmer region including recent investments by companies in the fuel and gas sectors and we anticipate additional rail supported investments in the future. Economic growth in our region will rely on the number of users and rail volumes both nationally and locally. It is critical to maintain and increase the number of opportunities for rail users along existing rail lines. In Aylmer,the entire business park can take advantage of rail development and transport. The Ontario Southland Railway Inc. is an independently held shortline operator. In 2015, Ontario Southland began leasing the ex-Canadian National Cayuga Subdivision between St.Thomas and Delhi, which had been abandoned by its former shortline operator.The Town of Aylmer was encouraged by the development that would allow for growth across several regions including St. Thomas, Elgin, Oxford and Norfolk by the investment and interest shown by Ontario Southland Rail. In that regard, we strongly encourage all levels of government to support both existing rail users and rail development opportunities along this line. We believe that rail is an asset to the southwestern Ontario region and certainly our community. Our communities working together in partnership with short line operations, can secure rail operations in the area for the future. Sincerely, /Y-94A4, Mary French Mayor c.c. Canadian National (CN) Railway Elgin County Member Municipalities Hon. Jeff Yurek, MPP (Elgin-Middlesex-London) Mayor Preston, City of St. Thomas Mayor Molnar,Town of Tillsonburg Ashton Nemhard, IGPC Kevin Norton, IGPC M lunicipa lity of luewa ter August 13, 2019 Transmitted VIA Email doug.ford@pc.ola.org Legislative Building ATTN: Premier of Ontario Queens Park Toronto, ON N7A 1A1 Dear Doug Ford: Please be advised that the Council of the Corporation of the Municipality of Bluewater at its regular meeting on July 29, 2019 passed the following resolution: MOVED: Councillor Whetstone SECONDED: Councillor Harris THAT the Corporation of the Municipality of Bluewater endorse and supports the resolution of the Town of Halton Hills calling upon the Province of Ontario, through the discussion paper entitled "Reducing Litter and Waste in our Communities", to review and implement a deposit/return program for all single use plastic, aluminum and metal drink containers; AND FURTHER THAT the Province of Ontario review current producer requirements and look for extended producer responsibility for all packaging; AND FURTHER THAT a copy of this motion be sent to the Premier of Ontario; the Minister of the Environment, Conservation, and Parks; the Minister of Municipal Affairs; the Association of Municipalities of Ontario; the County of Huron, and all municipalities in the Province of Ontario. CARRIED. Sincerely, C3-1\(-9-1)0,41,--0--,- Chandra Alexander Manager of Corporate Services Municipality of Bluewater • 14 Mill Avenue, Box 250, Zurich, ON NOM 2T0 1 of 1 P: 519.236.4351 • F: 519.236.4329 • W: municipalityofbluewater.ca Wei*100,14 TOWN OF HALTON HILLS IWorking Together Working for You! THE CORPORATION OF THE TOWN OF HALTON HILLS 9 /9/ Moved by: G _A/ Date: July 8, 2019 Councillor Clark Somerville Seconded by: 9g, Q /' 7iJ Resolution No.: WHEREAS the Province of Ontario, through the Ministry of the Environment, Conservation and Parks, has posted a discussion paper entitled "Reducing Litter and Waste in our Communities"; AN WHEREAS producer responsibility has not been adequately addressed by the Province of Ontario; AND WHEREAS a successful deposit/return program for single use plastic, aluminum and metal drink containers has been in existence in other Provinces in Canada including Newfoundland, Nova Scotia and British Columbia; AND WHEREAS these successful program have eliminated many of these containers from the natural environment; THERFORE BE IT RESOLVED that the Council of the Town of Halton Hills call upon the Province of Ontario, through the discussion paper entitled "Reducing Litter and Waste in our Communities", to review and implement a deposit/return program for all single use plastic, aluminum and metal drink containers; AND FURTHER THAT that the Province of Ontario review current producer requirements and look for extended producer responsibility for all packaging; AND FURTHER THAT a copy of this motion be sent to the Premier of Ontario; the Minister of the Environment, Conservation and Parks; the Minister of Municipal Affairs; the Association of Municipalities of Ontario; the :-gion of Halto :rid all municipalities in the Province of Ontario. 1 fa tag Ma or Rick Bonnette i6sf 6 Bradford Town of Bradford West Gwillimbury west 100 Dissette St, Units 7&8 Gwillimbury P.O. Box 100, Bradford, Ontario, L3Z 2A7 Telephone:905-775-5366 A Growing Tradition Fax: 905-775-0153 www.townofbwg.com August 14, 2019 VIA EMAIL Royal Canadian Legion Orville Hand Branch 521 115 Back Street Bradford, Ontario L3Z 1W8 Dear Lt. Col. Ferguson Mobbs and members of the Royal Canadian Legion, At its meeting of August 6, 2019, the Council of The Corporation of The Town of Bradford West Gwillimbury passed the following motion with respect to the Never Forgotten National Memorial. Resolution 2019-275 Leduc/Contois WHEREAS the residents of Bradford West Gwillimbury have a proud tradition of honouring those who made the supreme sacrifice on behalf of Canada in armed conflicts across the world; AND WHEREAS the Never Forgotten National Memorial Foundation has been established to develop commemorative programming, exhibits and monuments at a site on Cape Breton Island as a place of remembrance and thanks for those brave individuals who lost their lives so far from home; AND WHEREAS the Orville Hand Branch 521 of the Royal Canadian Legion has endorsed the Never Forgotten National Monument Program; AND WHEREAS the Foundation is seeking the support of businesses, agencies, government organizations, and individuals across Canada to bring life to this important national memorial; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Bradford West Gwillimbury supports efforts to develop the Never Forgotten National Memorial and so advises Mr. Scot Davidson— Member of Parliament, the Honorable Caroline Mulroney—Member of Provincial Parliament, the Federation of Canadian Municipalities and all municipalities in Ontario. CARRIED. Sincerely, tc ,dji,,.,c)(_..,_f2 Alana Schrieder Administrative Assistant c: Scot Davidson, MP Hon. Caroline Mulroney, MPP, York-Simcoe Federation of Canadian Municipalities, and all municipalities of Ontario www.townofbwg.com Page 2 of 2 Elgin August 14, 2019 Honourable Minister Jeff Yurek Minister of the Environment, Conservation and Parks 5th Floor 777 Bay St. Toronto, ON M7A 2J3 Dear Minister Yurek, At our meeting on August 13, 2019 , I brought forward the issue of Phragmites as an urgent issue for Council's consideration . As I am sure you are aware, invasive Phragmites has become a significant issue across Elgin County. Council requested that a letter be sent to you which relays our concerns. In Elgin County, invasive Phragmites: • causes damage to our biodiversity hindering the growth of surrounding plants , and is negatively impacting our wetlands and beaches; • decreases available natural habitat and food supply for wildlife, including species at risk; • is extremely difficult and costly to eradicate and an effective single solution has not been identified for this problem and cutting alone may be counterproductive requiring a combination of measures; • requires additional investment in time and resources to maintain (labour intensive) for staff in each of our municipalities; and • has caused residents to raise concerns about property values, aesthetics, and most importantly, safety along our roadways. County Council recognizes that a proactive County-wide focus on Phragmites in Elgin County is worth exploring to reduce the environmental impacts, time and costs associated with managing it. As well , Elgin County is committed to working collectively with our partner municipalities to assess how we can efficiently mitigate the detrimental effects of allowing invasive Phragmites to flourish in an effective and environmentally safe way. In the same way, Elgin County would like to extend an offer to work together with your Ministry, if the opportunity exists, to assist in finding a solution to Phragmites - a burden which is negatively impacting communities across Ontario. I will follow up with you once we have assessed the Phragmites strategies currently in place across the County and have determined whether a County-wide strategy is appropriate and feasible. Thank you for your continued support of Elgin County. Yours Very Truly, Duncan McPhail Warden , Corporation of the County of Elgin County of Elgin cc Elgin County Constituent Municipalities Administrative Services 450 Sunset Drive Karen Vecchio, MP , Elgin-Middlesex-London St. Thomas, ON N5R 5V1 Phone: 519-631-1460 www.elgincounty.ca - _ Progressive by Nature - -- =I 7EPage 1 lginCounty August 13, 2019 Progressive by Nature ELGIN COUNTY COUNCIL MINUTES August 13,2019 Council Present: Warden Duncan McPhail Deputy Warden Grant Jones Councillor Bob Purcell Councillor Sally Martyn Councillor Tom Marks Councillor Mary French Councillor Dave Mennill Councillor Dominique Giguere Councillor Ed Ketchabaw Staff Present: Julie Gonyou, Chief Administrative Officer Jim Bundschuh, Director of Financial Services Brian Lima, Director of Engineering Services Michele Harris, Director of Homes and Seniors Services Brian Masschaele, Director of Community and Cultural Services Steve Evans, Manager of Planning Steve Gibson, County Solicitor Alan Smith, General Manager of Economic Development Jenna Fentie, Legislative Services Coordinator 1. CALL TO ORDER Elgin County Council met this 13th day of August, 2019 in the Council Chambers, at the County Administration Building, St. Thomas at 9:00 a.m.with Warden McPhail in the chair. Warden McPhail introduced County of Elgin's new Human Resources Director Amy Thomson. 2. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Councillor Marks Resolved that the minutes of the meeting held on July 9, 2019 be adopted. - Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Request to Reduce Speed Limit on Sunset Drive—Donna Ellis Donna Ellis, resident of Port Stanley, requested that the speed limit on Sunset Drive be reduced from 80 km/hr to 50 km/hr beginning at East Road and extending to the beginning of the Village of Port Stanley. Ms. Ellis provided supporting signatures from multiple residents in the area. Moved by: Councillor Ketchabaw Seconded by: Councillor Marks Resolved that staff be directed to analyze and evaluate the current speed limits on Sunset Drive beginning at East Road and extending to the village of Port Stanley; and that staff be directed to provide a follow-up report with respect to the request received from Ms. Ellis on August 13, 2019 to County Council in September 2019. - Motion Carried. Page 2 August 13, 2019 4.1 Request for Road Expansion—David Roe, Civic Planning Solutions, Inc. David Roe, Civic Planning Solutions, Inc., requested that the County reconsider its position on its request for 1.8 metres across the frontage of a property as a condition of a severance on Imperial Road. Moved by: Councillor Marks Seconded by: Councillor Jones Resolved that the request for Council to reconsider a request for road expansion from Mr. Roe be received and filed. - Motion Carried. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Councillor Purcell Resolved that we do now move into Committee of the Whole Council. - Motion Carried. 6. REPORTS OF COUNCIL,OUTSIDE BOARDS AND STAFF 6.1 Warden Activity Report—June/July 2019-Warden Warden McPhail presented the report highlighting the various events attended during June and July 2019. Moved by: Councillor Martyn Seconded by: Councillor French Resolved that the report titled"Warden Activity Report—June/July 2019"from Warden McPhail dated August 1, 2019 be received and filed. - Motion Carried. 6.2 Terrace Lodge Building July Update—Councillor Purcell Councillor Purcell,Terrace Lodge Steering Committee Chair, presented the report updating Council on the progress of the Terrace Lodge building project. Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that the report titled"Terrace Lodge Building July Update"from the Terrace Lodge Steering Committee Chair dated July 31, 2019 be received and filed. - Motion Carried. 6.3 Road Widening Dedication Requirements through the Planning Act Approval Process—Manager of Planning,County Solicitor,and Director of Engineering Services The Director of Engineering Services presented the report advising Council of the acquisition of land dedications for road widening or extensions of rights-of-way through the Planning Act approval process. Page 3 August 13, 2019 Moved by: Councillor Purcell Seconded by: Councillor Jones Resolved that the report titled "Road Widening Dedication Requirements through the Planning Act Approval Process"from the Manager of Planning, County Solicitor, and Director of Engineering Services dated July 23, 2019 be received and filed. - Motion Carried. 6.4 County Road Property Damage Cost Recovery—Director of Engineering Services The Director of Engineering Services presented the report recommending that Schedule A of By-law No. 19-08"Being a By-law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin"be amended in order for the County to purchase un-redacted collision reports for the sole purpose of seeking full reimbursement of repair costs to County public property damaged during a collision. Moved by: Councillor Martyn Seconded by: Councillor Mennill Resolved that the report titled "County Road Property Damage Cost Recovery" from the Director of Engineering Services dated July 19, 2019 be received and filed; and that By-law 19-08"Being a By-law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin", Schedule A, be amended as follows: Cost Recovery Damage to Public Property Caused During a Collision Actual Cost (authority under the Municipal Act) - Motion Carried. 6.5 Port Bruce Temporary Panel Bridge Relocation Options—Director of Engineering Services The Director of Engineering Services presented the report outlining potential alternatives associated with relocating and repurposing the Port Bruce temporary panel bridge, and detailed the next steps with respect to project implementation investigated by staff for Council's consideration. Moved by: Councillor Jones Seconded by: Councillor Marks Resolved that the report titled "Port Bruce Temporary Panel Bridge Relocation Options"from the Director of Engineering Services dated July 19,2019 be received and filed;and that the replacement of Bridge B-24 Meeks as recommended in the"County of Elgin Bridge and Culvert 2019 Inspection and Assessment Report"prepared by Spriet Associates be undertaken with the relocation and repurposed use of the Port Bruce temporary panel bridge before expiry of the provincial Ministry of Natural Resources and Forestry's Permission to Construct and Occupy agreement term deadline of November 30, 2021; and that the required Cultural Heritage Evaluation Report, and Cultural Documentation Report for the existing Bridge B-24 Meeks structure be prepared by Unterman McPhail Associates Heritage Resource Management Consultants at a cost of $14,550.00(excluding HST); and that the$500,000 identified in the approved 10- Year Capital Budget be brought forward to fund the immediate preparation of all required heritage and environmental study reports, and the detailed design necessary to replace Bridge B-24 Meeks. - Motion Carried. Council recessed at 9:59 a.m. and reconvened at 10:11 a.m. Page 4 August 13, 2019 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration None. 7.2 Items for Information (Consent Agenda) 1. County of Wellington with a media release announcing that Western Ontario Warden's Caucus hires new Executive Director of Economic Development for Western Ontario. 2. Steve Clark, Minister of Municipal Affairs and Housing,announcing the launch of consultation of proposed policy changes to the Provincial Policy Statement (PPS). 3. Township of Warwick with a resolution regarding Enforcement for Safety on Family Farms. 4. Robert Domoney,Vice President, Logistics&Systems,Vimy Oaks Legacy Corporation, informing Elgin County that all sales of Vimy Oak saplings have been suspended. 5. Port Stanley Community Policing Committee with requests for a review of crosswalks, signage and speed zones in Port Stanley. 6. Municipality of Central Elgin responding to Port Stanley Community Policing Committee's requests to review crosswalks, signage and speed zones in Port Stanley. 7. Jeff Yurek, MPP,with a thank you for assisting with the organization of the Port Bruce Bridge Funding Announcement. 8. St. Joseph's Hospice 2018-19 Report to our Community. 9. Megan Good, recipient of the 2019 Elgin County Council Warden's Personal Support Worker Leadership Award,with a thank you to Warden and County Council. 10.Charlotte McDonald, Community Development Coordinator, Eat 2 Learn,with a thank you for Elgin County Council's continued support of the Student Nutrition Programs in Elgin. 11. Human Resources Director Announcement—Amy Thomson. The following resolution was adopted in regards to Correspondence Item#3: Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw Resolved the Council of the Corporation of the County of Elgin supports the resolution of the Township of Warwick regarding enforcement for safety on family farms; and that the Warden be directed to send a copy of the resolution forwarded from the Township of Warwick to the Elgin Group Police Services Board and Aylmer Police Service for consideration. - Motion Carried. Moved by: Councillor Marks Seconded by: Councillor French Resolved that Correspondence Items#1, 2,4—11 be received and filed. - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members Warden McPhail relayed concerns received from residents regarding phragmites along Highway#3. Councillor Ketchabaw noted that there is a successful spray program in Oxford County and supports looking into the issue further. Page 5 August 13, 2019 Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill Resolved that staff be directed to provide a report to Council at a future meeting detailing the current strategies in place for dealing with phragmites and recommendations for moving forward including potential costs; and that the Warden be directed to send a letter to Jeff Yurek, Minister of the Environment, Conservation and Parks requesting that consideration be given to designating phragmites as an invasive species. - Motion Carried. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Moved by: Councillor Marks Seconded by: Councillor Purcell Resolved that we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239(2): In-Camera Item#1 (b)personal matters about an identifiable individual, including municipal or local board employees—Fire Trainer/CEMC - Motion Carried. 10. RECESS None. 11. MOTION TO RISE AND REPORT Moved by: Councillor Martyn Seconded by: Councillor Giguere Resolved that we do now rise and report. - Motion Carried. In-Camera Item#1 —Fire Trainer/CEMC Moved by: Councillor Ketchabaw Seconded by: Councillor Martyn Resolved that staff proceed as directed. - Motion Carried. Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that the Warden be directed, on behalf of Elgin County Council, to notify Elgin County's partner municipalities of their intention to proceed with the recruitment and hiring of a County Fire Training Officer/Community Emergency Management Coordinator as a resource to Elgin County's partner municipalities; and that the County Fire Training Page 6 August 13, 2019 Officer/Community Emergency Management Coordinator be a service funded through the County levy; and further that staff be directed to report back to County Council with an update on the County Fire Training Officer/Community Emergency Management Coordinator recruitment at the September 2019 meeting of County Council. Councillor Purcell requested a recorded vote. YEAS NAYS Councillor Purcell Councillor Marks Councillor Marlyn Councillor French Councillor Jones Councillor Mennill Councillor Giguere Councillor Ketchabaw Warden McPhail TOTAL: 7 TOTAL:2 - Motion Carried. 12. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that we do now adopt recommendations of the Committee Of The Whole. - Motion Carried. 13. CONSIDERATION OF BY-LAWS 13.1 By-law 19-31 —Schedule of Services and Activities Subject to Fees and Charges Amendment BEING a By-law to Amend By-law No. 19-08 Being a By-law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin. Moved by: Councillor Giguere Seconded by: Councillor Jones Resolved that By-law No. 19-31 be now read a first,second and third time and finally passed. - Motion Carried. 13.2 By-law 19-32—Confirming all Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the August 13,2019 Meeting. Moved by: Councillor Martyn Seconded by: Councillor French Resolved that By-Law No. 19-32 be now read a first,second and third time and finally passed. - Motion Carried. Page 7 August 13, 2019 14. ADJOURNMENT Moved by: Councillor Marks Seconded by: Councillor French Resolved that we do now adjourn at 11:36 a.m. to meet again on September 10, 2019 at the County Administration Building Council Chambers at 9:00 a.m. - Motion Carried. Julie Gonyou, Duncan McPhail, Chief Administrative Officer. Warden. 14 0 ELGIN GROUP POLICE SERVICES BOARD Chair Sally Martyn Tel. 519-631 -1460 450 Sunset Drive St. Thomas, ON N5R 5V1 Municipality of Bayham I Municipality of Central Elgin I Municipality of Dutton Dunwich Municipality of West Elgin I Township of Malahide I Township of Southwold August 15 , 2019 Honourable Doug Downey, Attorney General of Ontario Ministry of the Attorney General 720 Bay Street 11th Floor Toronto , ON M7A 2S9 Dear Honourable Sir: RE : RESOLUTION REGARDING ENFORCEMENT FOR SAFETY ON FAMILY FARMS Please be advised that the Elgin Group Police Services Board passed the following resolution at their meeting on August 14, 2019 : RESOLVED THAT Elgin Group Police Services Board support the motion provided by the Township of Warwick with regards to Enforcement for Safety on Family Farms. - Carried . We look forward to receiving any updates on this matter. Yours very truly, - Sally Martyn Chair, Elgin Group Police Services Board cc. Elgin Group Police Services Board Aylmer Police Service Detachment Commander Inspector Fishleigh Municipality of Bayham , Municipality of Central Elgin , Municipality of Dutton Dunwich , Municipality of West Elgin , Township of Malahide, Township of Southwold Elgin County Council (---opkviw 1--0, &INA' TOWNSHIP OF WARWICK X tt iii A Community in Action " ',°wNs�oe 6332 Nauvoo Road , R . R . #8 , Watford , ON NOM 2S0 Township Office : (519) 849-3926 / 1 -877-849-3926 Works Department: (519) 849-3923 Watford Arena : (519) 876-2808 Fax: (519) 849-6136 Website : www. warwicktownship . ca E-mail : info@warwicktownship . ca June 26 , 2019 The Honourable Doug Downey, Attorney General of Ontario Ministry of the Attorney General 720 Bay Street 11th Floor Toronto, ON M7A 2S9 Dear Honourable Sir: Re : Resolution Regarding Enforcement for Safety on Family Farms Please be advised that Warwick Township Council adopted the following resolution at their regular meeting on June 17, 2019: WHEREAS agriculture is the second largest industry in Ontario, contributing $13. 7 billion annually to Ontario 's GDP and is essential for putting food on the tables of millions of people here and around the world; AND WHEREAS in recent months there has been a steady increase in harassment of farmers and livestock transporters by activists opposed to animal agriculture and the consumption of animals; AND WHEREAS the protests have become blatantly illegal in nature with extremist groups trespassing onto private property, unlawfully entering into buildings and removing animals without fear of prosecution and even promoting and publishing their crimes on social media; AND WHEREAS maintaining proper biosecurity is essential to ensure the health and well-being of the animals cared for on these agricultural operations; AND WHEREAS the recent attacks on farmers homes and businesses have resulted in no criminal charges laid, leaving farmers feeling unprotected by the Ontario legal system and afraid for the welfare of themselves, their families, their employees and the animals they care for; NOW THEREFORE BE IT RESOLVED THAT the Council for the Corporation of the Township of Warwick requests that Hon. Doug Downey work with his fellow MPP's and agricultural leaders to find a better way forward to ensure stronger enforcement of existing laws - or new legislation - to ensure the safety of Ontario 's farm families, employees and animals; AND BE IT FURTHER RESOLVED THAT this motion be circulated to Hon. Doug Downey, Ministry of the Attorney General, Hon. Doug Ford, Premier of Ontario, Hon. Sylvia Jones, Solicitor General and Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs and all Municipalities in the Province of Ontario, AMO, and ROMA. - Carried. Yours truly, CAlyg• Amanda Gubbels Administrator/Clerk Township of Warwick cc: The Honourable Doug Ford , Premier of Ontario The Honourable Sylvia Jones, Solicitor General The Honourable Ernie Hardeman , Minister of Agriculture, Food and Rural Affairs All Ontario Municipalities Association of Municipalities of Ontario (AMO) Rural Ontario Municipal Association (ROMA) Nor/bik COUN'1'YlIr ..., August 13, 2019 The Honourable Jeff Yurek Toby Barrett— MPP Haldimand — Norfolk Ministry of the Environment, 11th Floor Conservation and Parks 77 Grenville St. 5th Floor Toronto, ON M5S 1B3 777 Bay St. Toby.barret(a�pc.ola.orq Toronto, ON M7A 2J3 Jeff.yurek(a�pc.ola.org The Honourable John Yakabuski Ministry of Natural Resources and Forestry Whitney Block Suite 6630 6th Floor 99 Wellesley St. W Toronto, ON M7A 1W3 john.yakabuski(a�pc.ola.orq Re: Request For Provincial Response to address Gas Well Issues Norfolk County Council, at their meeting of July 9 2019, approved Resolution No. 4 which reads as follows: Res. No. 4 THAT THAT Staff Report HSS 19-31, Leaking Gas Wells - Ministry of Natural Resources Funding Update, be received as information; AND THAT Council approve the proposed plan and direct staff to obtain required approvals and licensing from the required Ministries; AND THAT Council exempt staff from the quotation and tendering procedures for goods and services outlined in Norfolk County Policy ECS-02 in accordance with single source and emergency purchase provisions, as required, for the work described in this report for remediation at the site located at 1925 Forestry Farm Road, Langton and further research for the broader hydrogeological challenges in the area; AND THAT Council authorizes the General Manager, Health and Social Services and/or the General Manager, Public Works to enter into the necessary contracts with the appropriate suppliers, contractors and sub-contractors to complete the work; AND THAT Council authorizes staff to amend the 2019 Capital Plan for the 1925 Forestry Farm Road, Langton project once external funding has been secured at which time the project can proceed. Page 1 of 2 AND THAT the Mayor and Council provide a letter to the Honourable John Yakabuski, MNRF, Mike Harris, Parliamentary Assistant to the MNRF and Toby Barret, Haldimand Norfolk MPP, demanding immediate funding for municipal extraneous costs to implement the permanent solution for the leaking gas well at 1925 Forestry Farm Road, Langton and the broader hydrogeological research; AND THAT the Mayor and Council provide a letter to the Honourable Jeff Yurek, MECP, Andrea Khanjin, Parliamentary Assistant to the MECP and Toby Barrett, Haldimand Norfolk MPP requesting engagement with Norfolk County, other Ministries and the experts to advance the knowledge of the leaking gas wells and its impacts and to demand funding for municipal extraneous costs of the air quality monitoring affecting the health and wellbeing of the residents and the remediation of the environmental impacts; AND THAT Council be made aware of any future requests to the County for additional seismic exploration in Norfolk County prior to permission being granted; AND FURTHER THAT copies of this resolution be sent to Ministry of the Environment, Ministry of Health, Ontario Geological Survey and all Ontario Municipalities. The staff report may be viewed online on the County's Website, (Item 5 b) i), July 9, 2019). Yours Truly, Ill Andrew Grozelle County Clerk cc. The Honourable Christine Elliott, Minister of Health and Long-Term Care christine.elliottpc.ola.org Renee-Luce Simard, Acting Director, Ontario Geological Survey renee-luce.simard@ontario.ca Page 2 of 2 Nor ]k INN:YHA irpor40....t„,„ r ki...4, --mow% loP QPportu iiee is�0°1- pity NOTICE CONCERNING THE PROPOSED CLOSURE OF A HIGHWAY AND CONVEYANCE OF LAND IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham has declared surplus and proposes to stop up, close and convey portions of Dennis Rd. and Woodworth Rd. as outlined on the Key Map below. ADDITIONAL INFORMATION relating to this proposed stop up, close and conveyance of land may be obtained by contacting the Bayham Municipal Office, 56169 Heritage Line, Straffordville, during office hours Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Written comments will be received until 11:00 a.m. September 19, 2019. The Council of the Corporation of the Municipality of Bayham may consider a By-law to stop up, close and convey portions of Dennis Rd. and Woodworth Rd. at the October 3, 2019 meeting of Council. DATED at the Municipality of Bayham this 26th day of August, 2019. KEY MAP MUNICIPALITY OF BAYHAM j Paul Shipway, CAOICIerk Municipality of Bayham 56169 Heritage Line Straffordville, ON, NOJ 1Y0 Telephone: 519-866-5521 consultations@bayham.on.ca SUBJECT LANDS 41111111.1 117 Municipality of �sme4, 4 BAYHAM 4p_ A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0dr. , T: 519-866-5521 F: 519-866-3884 ./bpo �01}'�y E: bayham@bayham.on.ca rtunity Is W: www.bayham.on.ca High Speed Fiber Optic Internet Connectivity Coming to the Municipality of Bayham August 15, 2019 The Municipality of Bayham is proud to announce a partnership with North Frontenac Telephone Elgin Corp. (NFTEC) to install fiber optic internet connectivity in the Municipality of Bayham. NFTEC will invest approximately $4.5 Million to construct the network over a 2 year period starting in the spring of 2020 with the anticipation of connecting initial customers by the end of summer 2020. The Company will install fibre optic facilities to serve Port Burwell, Vienna, Straffordville, Richmond, Eden and New England as well as the homes and businesses lying along the fibre backbone routes between the communities. Mayor Ed Ketchabaw noted `NFTEC has been committed to rural Ontario and playing a critical role in closing the digital divide between urban and rural people and businesses. The Council of the Corporation of the Municipality of Bayham wants the best internet connectivity for our community, and we are confident that NFTEC will provide a solution for us that is on the leading edge of rural internet technology. As Council, we have heard time and time again that businesses rely on high speed internet to innovate, compete and grow. Our residents rely on it to support their quality of life, from health care to education to public safety. This is a major boost for our community, its economy and quality of place.' NFTEC representative and Bayham resident Mike Andrews commented, The NFTC group of companies have been providing advanced telecommunications services to unserved and underserved communities in Ontario for more than 75 years. We are looking forward to working with the Municipality to bring state of the art, all fibre-optic broadband services to the residents and businesses of Bayham and the continuation of our mission to play a growing role in bringing affordable and reliable broadband services to rural Ontario.' For further information, please contact: Municipality of Bayham CAOICIerk 519-866-5521 pshipway@bayham.on.ca North Frontenac Telephone Elgin Corp. Mike Andrews 519-579-4507 mandrews@packetworks.net I have been a classic car owner for over 20 years. I was a Lions Club Member for over 16 years, Past President two terms. During that time, I have participated in hundreds of car shows and cruise nights. I have also organized/chaired a number of annual car shows and cruise nights. I have been involved with Deb Marlatt and the event "Keep The Lights on for Edison"for the last 2 years (2018/2019). Deb is a tireless worker and if perfection was possible would obtain it.The people I have meet that assist Deb and are present at the event show the same type of commitment and when mingling with the participants are friendly and so down to earth and all seem to socialize in a very community/friendly manner. When they explain the fun raising part (Edison) all participants seem to want to help and this will only get them to continue to participate. I believe the event is a participant pleaser and once an individual attends there's no reason they will not put it on their calendar for the following year. 99%of the comments I have heard are only positive. Like all outdoor summer events you can not control the weather. The Vienna Community Centre could not be a better venue. Washrooms, excellent grass area to park classic cars, parking lot for spectators, and a hall for shelter and to eat the meal.This location is such a positive to attract classic car owners for an event. The hall and grounds are clean and well maintained. Comments on prizes very positive. Everyone likes getting a prize, even if it's a can of tire or window cleaner. Then there are the bigger prizes, gas cards, dinner tickets, bucket of cleaning supplies etc.that everyone talks about to their friends even if they did not win.This brings people back. I have never received a negative comment regarding the food. Positive comments on the salads that are prepared, potatoes, chicken and the giving out of a bottle of water with meal was a positive. $20.00 is a fair amount of money for a daily classic car event. $40.00 per car in most case's plus these old cars use a lot of gas but again I have only heard positives on the value of the event.An individual that starts with the Poker Run is entertained for the day, including a great meal at the end for only $20.00 The event is posted in the events section of Old Autos Magazine, an auto enthusiast publication, published bi-weekly, which has a subscription base of approx. 20,000 and retail outlets. Bi-weekly publication, event shows for a period of 3 months. Cost less than $50.00 Flyers promoting the event are available at shows/cruises from Sarnia to Hamilton with the majority handed out in the surrounding London-St Thomas to Delhi area. The thing that I run into is where is Vienna and how far is it. Everyone will do there summer cruises to Port Burwell, Port Bruce but they seem to be oblivious to the beautiful country cruise they can take from the Aylmer area through Richmond into Stratfordville and to Vienna before going to Port Burwell. I heard a few positive comments regarding this.The majority of these classic car owners are grey haired and have dollars to spend.They attend 1-2-3 events per week.The cars they are driving, their"toys" are worth on average from $15,000 to $75,000. If there is value,they will return.They will also return on their own to the Village of Vienna when they are doing their summer cruises. Maybe they would stop in Vienna for their perch or ice cream,there's a beautiful park on the main drag, instead of heading to Tillsonburg or Port Burwell. I believe this event will only grow. All things must be tweaked and updated, and an event like this will only add to the promotion work of the Bayham Historical Society. Chuck West—St Thomas ir,xyffet.4,/ REPORT CAO 4tPpol tonity 101(0 ` 5 TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: September 5, 2019 REPORT: CAO-52/19 SUBJECT: INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP) — COMMUNITY CULTURE & RECREATION STREAM BACKGROUND: On March 14, 2018 the Honourable Amarjeet Sohi, Minister of Infrastructure and Communities, and the Honourable Bob Chiarelli, Ontario Minister of Infrastructure, announced the signing of a bilateral agreement that will provide more than $11.8 billion through the Investing in Canada plan over the next decade in federal funding dedicated to infrastructure projects. The Investing in Canada Plan is commonly known as Infrastructure Phase 2. Under Infrastructure Phase 1, Infrastructure Ontario approved more than 2,000 projects worth more than $1.6 billion in Ontario. This includes the Clean Water Wastewater Fund (CWWF) Port Burwell Storm Sewer Phase 1A project completed in 2017. The stated goals of the Investing in Canada Infrastructure Program (ICIP) includes: • Faster commute and travel time for more people, and easier movement of goods for businesses • Cleaner air and water • Reduced greenhouse gas emissions • Smarter and more efficient cities • Sustainable water management • Enhanced public parks, recreational facilities and other spaces that make communities great places to live • Better transportation and digital infrastructure for people living in remote communities • Increased energy security and reduced reliance on diesel in the North The Canada Infrastructure Program has four (4)funding streams: Public Green Community Culture Rural & Northern Transit Infrastructure & Recreation Community Federal $8.3 billion $2.8 billion $407 million $250 million Provincial I $6.8 billion I $2.3 billion I $335 million I $206 million DISCUSSION INVESTING IN CANADA INFRASTRUCTURE PROGRAM (ICIP)—COMMUNITY CULTURE& RECREATION STREAM On August 19, 2019, the Province of Ontario Minister of Infrastructure launched the Investing in Canada Infrastructure Program (ICIP) — Community Culture & Recreation Stream. The ICIP Community Culture & Recreation Stream objective is to support community infrastructure priorities across the province, improving access to and/or quality of community, cultural, and recreation priority infrastructure projects. Applications to the ICIP — Community Culture & Recreation Stream are due November 12, 2019. The ICIP — Community Culture & Recreation Stream application consists of a standard application, comprehensive technical schedule and a business case requirement. ICIP — Community Culture & Recreation Stream eligible asset types include: • Community centres/hubs (e.g., multi-purpose spaces that bring together a variety of different services, community centres including recreation facilities) • Recreation facilities (e.g., hockey arenas, multipurpose recreation centres, playing fields) • Cultural facilities (e.g., theatres, libraries, museums, cultural centres, civic squares, performing arts centres) • Education and health facilities advancing Truth and Reconciliation Commission Calls to Action (e.g., funding for new and/or existing Indigenous healing centres, spaces in education facilities for traditional teaching/programming) The ICIP — Community Culture & Recreation Stream 2019 intake will include two categories of funding: 1) Multi-Purpose Category a. This project category focuses on the principle of integrated service delivery to address identified service gaps. The individual project cap will generally be $50 million in total project cost, but exceptions may be made in some cases. Eligible projects consist of: i. new build/construction projects ii. larger scale renovation iii. expansion of existing facilities 2) Rehabilitation & Renovation Category a. This project category focuses on maximizing the funding impact of small-scale projects that would improve the condition of existing facilities. The individual project cap is $5 million in total project cost. Eligible projects consist of: i. renovation and rehabilitations to address functionality and use of existing facilities ii. Small-scale improvements to address accessibility (e.g., hand rails, ramps, accessible doors/parking/elevators, wayfinding and signage etc.) iii. Small new build / construction projects of recreation, cultural or community centre infrastructure. The ICIP Community Culture & Recreation Stream funding allocation model is as follows: Investing in Canada Infrastructure Program (ICIP) Rural & Northern Stream Funding Share Federal Provincial Municipal 40% (Max.) 33.33% (Max.) 26.67% (Min.) ICIP Community Culture & Recreation Stream applications must demonstrate projects meet the following objectives: Criterion 1: Community Need • That the proposed project is filling a clearly identified and documented service level gap and that there is a need in the community for the services that will be provided. • This may include both quantitative elements (e.g., demographic data), and qualitative elements (e.g., evidence that the community lacks access to services). Criterion 2: Funding Need for Proposed Project • Projects will be assessed according to greater funding need, including the cost of the proposed project per household, median household income and weighted property assessment per household. Criterion 3: Provincial Land-Use Planning • Projects must be aligned and support the expected and required provincial priorities and outcomes, as set out in provincial land use policy, provincial land use plans, and municipal official plans and supported by policy direction in the Provincial Policy Statement (PPS). Criterion 4: Efficiencies Through Joint Projects • Additional consideration will be given to joint projects for providing benefit to multiple communities and generating efficiencies and community benefits. Criterion 5: Project Readiness • Applications must demonstrate that planning is underway and that the projects are ready to begin, to ensure completion within federal timelines. Criterion 6: Financial Risk Assessment and Due Diligence • The Province will conduct a financial risk assessment to ensure that sufficient resources are available to support project completion, including coverage of any cost overruns. • Projects should have a financial plan in place to operate the assets and not seek senior level government support for operational funding. Criterion 7: Organizational Capacity for Implementation • Projects will be evaluated based on organizational capacity. • Organizations must demonstrate capacity to carry out capital project and implement the requested project and to manage ongoing costs related to operating the facility. Criterion 8: Developed Operational Plan • Applicants must demonstrate that there is a strong operational plan in place for the ongoing operation of the facility. • This will include alignment with asset management plans for municipalities and may include memoranda of understanding for joint projects/partnerships. Criterion 9: Accessibility • Applications must demonstrate that projects will meet the highest published accessibility standards in alignment with the Accessibility for Ontarians with Disabilities Act (AODA) and the Ontario Building Code. • Projects will additionally be evaluated based on exceeding minimum standards; use of Universal Design Principles, accessible guidelines and innovative solutions to increasing accessibility. Following assessment of the ICIP — Community Culture & Recreation Stream guidelines and application and the Municipality of Bayham Capital Budget staff have identified the following project areas for Council consideration and direction (listed in alphabetical order): • PORT BURWELL BLUE FLAG BEACH o This project would involve the enhancement of the Port Burwell Blue Flag Beach and the Port Burwell Memorial Park. • FA-15 Beach Washroom Expansion • PR-08 Beach Accessibility • PR-09 Beach Shade Structure • PR-13 Memorial Park Pavilion • STRAFFORDVILLE COMMUNITY HUB o This project would include the enhancement and redesign of ancillary structures at the Straffordville Community Hub into combined structures towards further diversification and multi-use abilities of the facilities at the Straffordville Community Centre. • FA-01 SCC HVAC • FA-07 SCC Water Treatment System • FA-08 Straffordville Food Booth Building • FA-12 SCC Old Chapel Parking • PR-01 - Straffordville Pavilion • PR-02 — Straffordville Storage Sheds • Concrete Pad Replacement • Commercial Kitchen • Ball Diamond Lights • STRAFFORDVILLE LIBRARY o This project would involve the installation of an elevator at the Straffordville Library and improvements to the parking area, including the provision of active transportation parking locations. • FA-06 Straffordville Library Elevator • FA-16 Straffordville Library Parking Lot • VIENNA COMMUNITY CENTRE o This project would include the enhancement of the Vienna Community Centre with accessibility and efficiency improvements. This project would be similar to in scope to the 2016 Straffordville Community Centre holistic rehabilitation project. • FA-10 VCC Water Furnace • FA-18 VCC Parking Lot • FA-19 VCC Accessibility Upgrades When considering the aforementioned options it is valuable to consider the potential projects as a whole, not the individual components. Following Council direction staff and the Municipal Engineer will be required to scope the project for application purposes. Depending on the selected project area the total capital costs of a successful project may range from approximately $400,000-$1,500,000 with a municipal contribution of$106,608-$400,050. Specific cost estimates require Municipal Engineer project scoping. The Municipality generally attempts to utilize upper level of government funding programs to fund large projects the Municipality may undertake to obtain the most value from the various programs. Without upper level of government support, these projects are typically difficult for the Municipality to complete and/or address the Municipality of Bayham infrastructure backlog as identified in the Municipality of Bayham Asset Management Plan. RECOMMENDATION 1. THAT Report CAO-52/19 re Investing in Canada Infrastructure Program (ICIP) — Community Culture & Recreation Stream be received for information; 2. AND THAT Council provide staff direction to utilize Facility Reserve Funds to finalize design details for the Investing in Canada Infrastructure Program (ICIP) - Community Culture & Recreation Stream grant application; 3. AND THAT Council identify a project area to make application for under the Investing in Canada Infrastructure Program (ICIP) — Community Culture & Recreation Stream. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z691-2019 GINGRICH BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 15 by changing the zoning symbol on the lands from Agricultural (A1) zone to site-specific Agricultural (A1-31) zone, which lands are outlined in heavy solid lines and marked Al-31 on Schedule "A" Map No. 15 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exception —Agricultural (A1) Zone by adding the following clauses: 5.12.31.1 Defined Area Al-31 as shown on Schedule "A" Map No. 15 to this By-law. 5.12.31.2 Permitted Uses One (1) second dwelling unit in the existing accessory building with a floor area of 135.0 m2 maximum; in addition to all other uses permitted in the Agricultural (A1) Zone 5.12.31.3 Prohibited Uses Supplementary farm dwelling for seasonal farm labour in the second dwelling unit 5.12.31.4 Maximum Accessory Building Height 7.0 m 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 TIME AND A SECOND TIME THIS 5th DAY OF SEPTEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF SEPTEMBER 2019. MAYOR CLERK i SEE SCHEDULE A•MAP No.12 I 1 r — ` 1 r... t,, / 1 / � i I ,_ 1 zz7 k I 11 7 44� LOT 10 (-�' \-1 r I /� 1 - J LCT 20 , �, l 1 V 1 w '� 1 ,\ doi 2 l i m j ) -O 21 \)�\ l 11 \\ 1, A1-31 o •— s r�v LOT22 \ _I l v \ t 1L(IT23 -...) \_ ) N --, \`, LOT24 I`� I LOT 25 I ``,_ ```��`_/� llr LOT 26 I I M �11 r--�\/7 1 / a9 e _ N. i) i — N. LOT 27 r- _ \\ L i ) i i ! COT 28 O `_� -- I -\ \ :.\-- ` / / 4 l � r / \--- -7--\ ' 1 /1 IG�N j I ,1 ,\ G 8_, j J .‘.5, \ C0N1_ • II ............. I i �`. \"4,44,p,-6'04,44 I This is Schedule"A"to By-law ` �okt<,��I No.Z691-2019, passed the day of ,2019 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE A Legend NORTH MAP No. 15 r-, LPRCA Regulator Limit 0 200 400 ODD klelres ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z692-2019 WEBER BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 11 by changing the zoning symbol on the lands from Rural Residential (RR) zone to site- specific Rural Residential (RR-41) zone, which lands are outlined in heavy solid lines and marked RR-41 on Schedule "A" Map No. 11 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 7.13 Exception — Rural Residential (RR) Zone by adding the following clauses: 7.13.41.1 Defined Area RR-41 as shown on Schedule "A" Map No. 11 to this By-law. 7.13.41.2 Additional Permitted Use Cannabis Cultivation, Micro; and, Cannabis Cultivation, Outdoor, in addition to permitted uses in the RR zone. 7.13.41.3 Supplemental Regulations Outdoor storage of any materials and goods related to the Cannabis Cultivation-micro is prohibited. Maximum number of five (5) employees of the cannabis cultivation operation shall be permitted on the premises at any time. 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 TIME AND SECOND TIME THIS 5th DAY OF SEPTEMBER 2019. READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF SEPTEMBER 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.8 `1 1 I' SEE lI I SCHEDULE I-. -MAP No. r /�/ //, l �1`r+ ,.._,-,// N / ! 1 i /LOT 10 J_ _�� /`-j n \ice LOT Tr— - i' I I \ \ f / \ I1 I I i , <. _ LOT-2._..._. c 1 _°4 •\ ,... II 1' 1 1 o �`� LORI 13 '-v ..... \ \ 1 } I' 1 1 iI II 5 / 1_. 1 / I I i z j1 g5, LOT 1,, f l 1 - RR-41, 1 I j c ._. I� /'�, COly 4I I I., I.. } I a /i/I it T l� 1f ! jLcr 16 L- 1-, II }I 1 i �� / I 1 -.� / rLOT 17o,, V I 1 M 1 V / Ir !!. - ,--. ! N 11'.1 u 1 � �� -,Vp_en _ i ,/ �' 1 / 1 LOT P8 II 14 \ eu ca � I/ 8 v - } � / IJ o , ' 1 r, \ / z � 1 a \1 i. `4 I f ' ' a N. 41 / 1 // I - y 7 CON 3 \ ^ 1 I } W \ SEE SCHEDULE H / ! • w -MAP VIENNA 1 J / / :I 1 a - l � — -1 ` f" 1 -- ivrCSN I I I ,-- l /( SEE \ /1 —} i / SCHEDULEAI \ 1 / I / il -MAP No.13 \-- / 1 /l This is Schedule"A"to By-law No. Z692-2019, passed the / / day of , 2019 SEE SCHEDULE A-MAP No.14 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE A Leaend NORTH MAP No.11 1 ' LPRCA Regulation Limit 0 200 400 MetresZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-075 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN ROSEMARIE AND MARK GARDNER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Rosemarie and Mark Gardner, Rose's Sandytown Variety. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Rosemarie and Mark Gardner, Rose's Sandytown Variety, affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 5th day of September 2019. READ A THIRD TIME AND FINALLY PASSED this 5th day of September 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-077 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD SEPTEMBER 5, 2019 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 5, 2019 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5th DAY OF SEPTEMBER, 2019. MAYOR CLERK