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HomeMy WebLinkAboutMay 11, 2020 - Special CouncilTHE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Monday, May 11, 2020 6:30 p.m. 6:00 p.m. Committee of Adjustment A. D & T Froese B. D & M Miller 6:10 p.m. Public Meeting Planning A. S & M Hermann B. Graham Estates Inc. C. Long Point Region Conservation Authority (Big Otter Marina Campground) D. N Tesluk & F Mulcaster 6:35 p.m. Grewal Municipal Drain Public Meeting Pursuant to Section 4.4.3(a) of Procedural By-law No. 2018-005 the Cancellation of the May 7, 2020 Regular Meeting of Council and the scheduling of the May 11, 2020 Special Meeting of Council is to permit the Municipality of Bayham to consider planning applications previously deferred due to Provincial Orders under the Emergency Management and Civil Protection Act. The May 11, 2020 Special Meeting of Council will be held virtually via Zoom and livestreamed on YouTube. The Public may watch the Council meeting utilizing the Municipality of Bayham YouTube Channel: https://m.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg/featured 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. Special Meeting held April 27, 2020 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 2020 Special Council Agenda May 11, 2020 2 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information A. Elgin County Ontario Provincial Police re 2019 Year End Report 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-35/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Agreement – Sandytown Retirement Home Inc. B. Report DS-36/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Thiessen By-law No. Z707-2020 C. Report DS-37 /20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Graham Estates Inc. Zoning By-law Z709-2020, Site Plan Agreement – Graham Estates Inc. By-law 2020-047 D. Report DS-38/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Hermann Zoning By-law Z708-2020 E. Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Long Point Region Conservation Authority Zoning By-law Z710-2020, Site Plan Agreement – Long Point Region Conservation Authority By-law 2020-048, Development Agreement – Long Point Region Conservation Authority By-law 2020-049 F. Report DS-40/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Tesluk and Mulcaster Zoning By-law Z711-2020 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Hamilton re Request to Regulate and Enforce Odour and Lighting Nuisances Related to the Cultivation of Cannabis Plants 2020 Special Council Agenda May 11, 2020 3 B. Township of Mapleton re A Resolution to Request the Province of Ontario Review the Farm Property Class Tax Rate Programme in Light of Economic Competitiveness Concerns between Rural and Urban Municipalities 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-21/20 by Paul Shipway, CAO|Clerk re Capital Item No. PW -01 Baynor South Bridge 12. BY-LAWS A. By-Law No. Z707-2020 Being a by-law to further amend By-Law No. Z456-2003 – Thiessen (This by-law follows the recommendation in Report DS-36/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) B. By-Law No. Z708-2020 Being a by-law to further amend By-Law No. Z456-2003 – Hermann (This by-law follows the recommendation in Report DS-38/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) C. By-Law No. Z709-2020 Being a by-law to further amend By-Law No. Z456-2003 – Graham Estates Inc. (This by-law follows the recommendation in Report DS-37/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) D. By-Law No. Z710-2020 Being a by-law to further amend By-Law No. Z456-2003 – Long Point Region Conservation Authority (This by-law follows the recommendation in Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) E. By-Law No. Z711-2020 Being a by-law to further amend By-Law No. Z456-2003 – Tesluk and Mulcaster (This by-law follows the recommendation in Report DS-40/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) F. By-Law No. 2020-046 Being a by-law to authorize the execution of a Development Agreement between Dan & Tina Froese and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-33/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the Committee of Adjustment meeting of May 11, 2020) G. By-Law No. 2020-047 Being a by-law to authorize the execution of a Site Plan Agreement between Graham Estates Inc. and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-37/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) H. By-Law No. 2020-048 Being a by-law to authorize the execution of a Site Plan Agreement between Long Point Region Conservation Authority and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-39/20 by 2020 Special Council Agenda May 11, 2020 4 Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) I. By-Law No. 2020-049 Being a by-law to authorize the execution of a Development Agreement between Long Point Region Conservation Authority and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) J. By-Law No. 2020-050 Being a by-law to provide for drainage works in the Municipality of Bayham known as the Grewal Drain (This by-law follows the recommendation in Report DS-32/20 by Bill Knifton, Chief Building Official|Drainage Superintendent during the drainage meeting of May 11, 2020) K. By-Law No. 2020-051 Being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Froese Excavating Ltd. (This by-law follows the recommendation in Report CAO-21/20 by Paul Shipway, CAO|Clerk during the special meeting of May 11, 2020) L. By-Law No. 2020-052 Being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Duncor Enterprises Inc. 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-032 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Monday, April 27, 2020 12:30 p.m. Pursuant to Section 4.4.3(a) of Procedural By-law No. 2018-005 the nature of the business to be discussed at the April 27, 2020 Special Meeting of Council pertains to decisions required to continue municipal operations on various matters. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 12:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA PROCEDURAL MOTION Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By-law be suspended for the duration of the April 27, 2020 Special Meeting of Council due to the functional abilities of the electronic meeting platform. A recorded vote was held on the Procedural Motion: Member of Council YES NO Councillor C. Valerie Donnell X Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X TOTAL 5 0 2020 Special Council Minutes April 27, 2020 2 CARRIED 4. ANNOUNCEMENTS None. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Meeting held April 2, 2020 B. Regular Meeting held April 2, 2020 C. Statutory Planning Meeting held April 2, 2020 re Johann & Mary Thiessen Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the minutes of the Special Meeting held April 2, 2020, Regular Meeting held April 2, 2020 and Statutory Planning Meeting re Johann & Mary Thiessen held April 2, 2020 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report PS-02/20 by Ed Roloson, Manager of Capital Projects|Water/Wastewater re Water Meter Reading Software Moved by: Councillor Donnell Seconded by: Councillor Chilcott 2020 Special Council Minutes April 27, 2020 3 THAT Staff Report PS-02/20 re Municipal Water Meter Reading Software be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham authorize the purchase of Neptune 360 software from Evans Utility and Municipal Product Supply Inc. Inc. for a total of $8,066.40+HST. CARRIED 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Decision re Committee of Adjustment Minor Variance Application A-01/20 – Fehr, 11010 Culloden Road B. Reissued Notice of Passing of Zoning By-law Z702-2020 – Anderson & Smith, 9743 Plank Rd C. Reissued Notice of Passing of Zoning By-law Z703-2020 – C & H Reimer, 56398 Calton Line D. Reissued Notice of Passing of Zoning By-law Z704-2020 – CHR Farms Ltd., 56573 Calton Line E. Notice of Passing of Zoning By-law Z706-2020 – Cipolla, 58183 Calton Line F. Reissued Notice of Public Meeting re Committee of Adjustment Minor Variance A-02/20 Froese, 10019 Plank Rd G. Notice of Public Meeting re Committee of Adjustment Minor Variance A-03/20 – Miller, 53708 Heritage Line H. Reissued Notice of Public Meeting re Zoning Amendment - Graham Estates Inc., 56957 Talbot Line I. Reissued Notice of Public Meeting re Zoning Amendment – L.P.R.C.A. / Big Otter Marina & Campground, 5 Bridge Street J. Reissued Notice of Public Meeting re Zoning Amendment – Hermann, 57237 Heritage Line K. Notice of Public Meeting re Zoning Amendment – Tesluk & Mulcaster, 42 Robinson Street Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 2020 Special Council Minutes April 27, 2020 4 THAT correspondence items 10.1.1-A – 10.1.1-K be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-30 /20 by Bill Knifton, Chief Building Official|Drainage Superintendent re First Quarter Report Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Staff Report DS-30 -20 regarding the activities of the Building Services & Drainage Department for the first quarter of 2020 be received for information. CARRIED B. Report DS-31 /20 by Bill Knifton, Chief Building Official|Drainage Superintendent re Branch ‘C’ of the Richmond Road Drain Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-31/20 re Branch ‘C’ of the Richmond Road Drain be received for information; AND THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates Report No. 22091 dated April 3, 2020, referred to as the Branch ‘C’ of the Richmond Road Drain report; AND THAT the Council of the Corporation of the Municipality of Bayham confirms the assessments as per the Engineer’s Report No. 22091 dated April 3, 2020; AND THAT Provisional By-law No. 2020-029 be read a first, second and third time; AND THAT staff be delegated authority to award the contract for the construction of Branch ‘C’ of the Richmond Road Drain if the tendered price is within 133% of the engineer’s estimate of the contract price. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information 2020 Special Council Minutes April 27, 2020 5 A. Ministry of Municipal Affairs & Housing re COVID-19 B. CN re Cayuga Line Discontinuance C. Elgin County minutes of meetings held March 24, 2020 D. Elgin County minutes of meetings held April 14, 2020 E. Long Point Region Conservation authority re LPRCA Campgrounds: May 1 Opening Date Delayed Moved by: Councillor Froese Seconded by: Councillor Donnell THAT correspondence item 11.1.1-A – 11.1.1-E be received for information. CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-08/20 by Lorne James, Treasurer re First Quarter Report Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Staff Report TR-08/20 re 2020 Q1 Variance Report be received for information; AND THAT notwithstanding By-law No. 2019-025, the Rates & Fees By-law, the Treasurer be authorized and directed to implement the COVID-19 Financial Policy as outlined within Report TR-08/20; it being noted that such deferral is being taken in response to the current COVID-19 Coronavirus pandemic. CARRIED 12. BY-LAWS A. By-Law No. 2020-029 Being a by-law to provide for drainage works in the Municipality of Bayham known as Branch ‘C’ of the Richmond Road Drain (This by-law follows the recommendation in Report DS-31/20 by Bill Knifton, Chief Building Official|Drainage Superintendent during the regular meeting of April 27, 2020) B. By-Law No. 2020-030 Being a by-law to establish financial policy in response to the COVID-19 Pandemic (This by-law follows the recommendation in Report TR-08/20 by Lorne James, Treasurer during the regular meeting of April 27, 2020) C. By-Law No. 2020-044 Being a by-law to adopt the capital estimates for the year 2020 (This by-law follows the recommendation in Report TR-01/20 by Lorne James, Treasurer during the special meeting of January 6, 2020) 2020 Special Council Minutes April 27, 2020 6 D. By-Law No. 2020-045 Being a by-law to establish a levy for the year 2020 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof (This by-law follows the recommendation in Report TR-01/20 by Lorne James, Treasurer during the special meeting of January 6, 2020) Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-law No. 2020-029, 2020-030, 2020-044 and 2020-045 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Student Staffing Update – COVID-19 Pandemic Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Council of the Corporation of the Municipality of Bayham confirm the Emergency Control Group action to cancel marine museum summer students and the 2020 marine museum season as a result of COVID-19 human resources and financial impacts; AND THAT the Council of the Corporation of the Municipality of Bayham confirm the Emergency Control Group action to reduce Public Works Summer Students from three (3) to one (1) as a result of COVID-19 human resources and financial impacts; CARRIED 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Council do now rise to enter into an “In Camera” Session at 12:58 p.m. to discuss: • 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 • advice that is subject to solicitor-client privilege, including communications necessary for that purpose • labour relations or employee negotiations • personal matters about an identifiable individual, including municipal or local board employees CARRIED 2020 Special Council Minutes April 27, 2020 7 A. Confidential Report regarding 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 (Drainage Works) B. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Tribute Resources Inc.) C. Confidential Report regarding labour relations or employee negotiations (CUPE Local 35.4) D. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 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 1:29 p.m. with progress to report. CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Council of the Corporation of the Municipality of Bayham withdraw the petition for municipal drainage on Woodworth Rd and expense all costs associated with the same. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-031 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Confirming By-Law No. 2020-031 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott 2020 Special Council Minutes April 27, 2020 8 THAT the Special Council meeting be adjourned at 1:31 p.m. CARRIED MAYOR CLERK “Committed to public safety, delivering proactive and innovative policing in partnership with our communities” Elgin County Progresslvebf,.,. 2 Table of Contents Governance and Accountability 3 Police Service Board Detachment Commander Organization 4 Staffing Elgin OPP Auxiliary Business Planning 6 Crime Management Plan Traffic Management Strategy Community Satisfaction Survey Community Mobilization and Engagement Community Safety Officer Detachment Statistics 14 Calls for Service Traffic & Marine Safety Crime Prevention Criminal Offences Financial Reports 20 Overtime Revenue Criminal Record Checks RIDE Grant 3 On behalf of the dedicated officers and staff of the Elgin OPP Detachment, it gives me great pleasure to present the 2019 Annual Report. This report will demonstrate the high level of commitment Elgin County OPP has brought to all municipalities of the Elgin Group. Elgin officers and staff have worked in partnership with many stakeholders including our partners in the Provincial and Ontario Courts, Family and Childrens Services, The Ministry of Natural Resources, neighboring OPP Detachments and Municipal Police Services, and the dedicated members of our Community Policing Committees, to deliver a “community first” policing service. In 2019 our policing priorities, as identified through community consultation, were Traffic Safety, Crime Prevention, and Increased Visibility. Elgin Group Police Services Board Chair: Sally Martyn Ida McCallum Trudy Kanellis Dan Froese Detachment Commander In 2019 Elgin OPP continued to focus on service delivery using the Ontario Mobilization and Engagement Model of Community Policing. We have engaged our community partners and stakeholders to form collaborative partnerships and develop strategies that will allow us to respond more effectively to social issues like mental illness, domestic violence, and issues involving youth. With the continued support of the Police Services Board, Municipal Councils, and our Community Policing Committees, Elgin County OPP will continue to provide a service that is professional, transparent, and appropriate to the circumstances, respecting the individual dignity of all persons. This will be my last report as your Detachment Commander as I will be retiring in 2020. I would like to express my deepest gratitude for the support I have received from the Police Service Board and all municipal officials as well as our partner agencies and stakeholders. The officers of Elgin County Detachment are second to none and will continue to provide a professional service to our communities while a new Detachment Commander can be identified. Our Elgin Police Services Board is very proud of all the great work our detachment has done. They keep us up to date and informed at all times. The front line staff as well as the Detachment Commander and office staff perform their duties in an exemplary fashion keeping Elgin a safe and healthy community to live in. The reports brought to our meetings are truly eye openers for all of us and help us understand the complexities of their work. We were a totally new board in 2019, with the retirement of Joanne Ferguson and Bonnie Vowell as our Provinvial appointees. We thank Joanne and Bonnie for their many years of commitment to the board. We welcomed Trudy Kanellis as one new provincial appointee and are still awaiting the appointment of the second. Dan Froese and Ida McCallum are two new members representing respectively, Bayham, Malahide and Southwold, Dunich-Dutton and West Elgin. I was also new this year representing Central Elgin. Our board has worked very well together and attended meetings of the Zone 6 region to learn and grow. At this time, we want to thank Detachment Commander Brad Fishleigh for his great leadership over the past 10 years and wish him all the best in his retirement. He will be sorely missed. Sincerely, Sally Martyn Board Chair Inspector Brad Fishleigh 4 Elgin County OPP Detachment staffing remains unchanged in 2019. We have had many officers move on to new areas of the organization to be replaced by new officers from other areas in the province. The Elgin County Auxiliary Unit is led by S/Sgt, Jeff Lister. Our Auxiliary unit is currently at 12 members and we continue to recruit for future openings with two new officers scheduled to attend training in March. The unit continues to provide a great service to the community as you will see on the following page. Police Service Board Elgin County CAO Inspector Detachment Commander Staff Sergeant Detachment Manager Auxiliary Unit (15) Patrol Sergeants (4) Detective Sergeant Detachment Sergeant Patrol Constables (28) Detective Constables (4) Civilian Administrative Assistants Emergency Response Team Street Crime Unit (3) Community Safety Officer Traffic Management (3) Domestic Violence Coordinator Court Services / Security Officers Regional Analyst Community Mobilization Engagement ELGIN COUNTY OPP I I I I I ------ ------ ------ ------ -- 5 Elgin County Auxiliary Unit 2018 Year in Review The Elgin Auxiliary Unit currently has a compliment of 14 members. Our members participated in over 40 events throughout Elgin County. Those events included major operational events, ride alongs with officers on regular shifts and supplementing the marine patrol program. The Auxiliary unit also supported many community events across the county. Below you will see a sampling of some of the events we were able to participate in throughout the year. – Prescription Drug Drop Off Day – Rosy Rhubarb – Kids and Cops Fishing Derby in Port Bruce, Pt Glasgow, Springwater C.A. – Canada Day Celebrations – Rollover Demonstrations - Remembrance Day Ceremonies – Santa Claus Parades 2019 Patrol Hours Major Event Hours Community Event Hours Training Hours Admin Hours Totals Total 592.5 26 218 511.25 353 1700.75 6 2017-2019 Action Plan Our Annual Business Plan has been changed to a three year Action Plan to coincide with the new OPP three year Strategic Plan. Our 2017-2019 Action Plan priorities as identified with community and Police Service Board consultation are: Crime - Reducing victimization resulting from Domestic Violence and related occurrences - Reduction in property crimes including Break & Enters and theft from motor vehicles - Reducing victimization from cyber and /or technology-enabled crime Drugs - Continued emphasis on drug investigations focusing on trafficking and drugs in schools Traffic - Concentrating on The Big Four; impaired driving, speeding/aggressive driving, inattentive/ distracted driving, and seat belt use. - Motorcycle related collisions - Animal related collisions Other - Marine patrol and emergency response on Lake Erie - Response to persons with mental illness or in crisis - Reducing 911 pocket dials - Reducing false alarms Crime Management Plan Elgin County Detachment has a comprehensive Crime Management Plan that is administered through the leadership of Regional Detective Sergeant Victoria Loucks. The Crime Unit includes four detectives assigned to major case investigations and three detectives assigned to the Street Crimes Unit investigating property crimes and drug investigation.The Domestic Violence Investigator position has been bundled with the Community Mobilization and Engagement Officer and is supervised by the Detachment Sergeant. The Crime Unit is responsible for oversight and investigation of all serious crimes that occur in our detachment area. The foundation of the plan supports the OPP Results Driven Policing methodology and focuses on public safety through crime prevention and investigative excellence. Traffic Management Strategy Elgin County Detachment has developed a Traffic Management Strategy with a goal of reducing motor vehicle collisions, specifically those that result in injury and death. Our focus in 2019 continued to be enforcement and education around aggressive driving, impaired driving, seat belt use, and distracted driving. These four driving habits are within complete control of the driver and together can have the largest impact on road safety. Elgin County Detachment continues to employ a Traffic Team designated to traffic enforcement. Our Traffic Team is dedicated to be responsive to community identified traffic issues as well as issues identified through analysis by our Regional Analyst. Using analytics provided by the Regional Analyst and the Focused Patrol Program the traffic team will continue to focus their efforts where they are most needed and can have the greatest impact on traffic safety. 7 Community Satisfaction Survey Year: 2017 Community Policing Committees Elgin County OPP is very blessed to have a strong network of Community Policing Committees to represent the municipalities we serve. We work in partnership with our committees to identify and resolve issues of crime and traffic that are identified by the community. In addition, our committees volunteer countless hours of their time to support many community initiatives, particularily those that assist children, the elderly and vulnerable groups. Elgin County has seven Community Policing Committees located in West Elgin, Southwold, Dutton Dunwich, Port Stanley, Belmont, Malahide, and Bayham. Elgin County OPP is very appreciative of the hard work all of our committees do to support their community and the OPP. In 2019 we continued to work with our committees using the Ontario Mobilization & Engagement Model of Community Policing and all committees are now using the model as a guide to assist them in setting priorities and objectives. 1. 98.4% of respondents felt “very safe” or “safe” in their community. 2. Of the 98 respondents (or 25.9%) who said they had contacted the OPP in the past year, 89.9% were “satisfied” or “very satisfied” with the ease of contacting the OPP. 3. Overall, 93.4% of respondents were “very satisfied” or “satisfied” with the quality of police service provided by the OPP. 4. 91.9% of respondents were “satisfied” or “very satisfied” with the OPP’s ability to work with communities to solve local problems. 5. 83.8% of respondents were “satisfied” or “very satisfied” with the OPP’s visibility in the community. 8 Community Mobilization and Engagement What is Community Mobilization and Engagement? Elgin County OPP follows Ontario's Community Mobilization and Engagement Model of Community Policing. Prevention and early intervention by collaboratively working with community partners has proven time and again to provide the most impact and lasting solutions to crime and the reduction of harm or victimization. Building strong relationships with community residents and stakeholders is an effective and efficient method of preventing crime and increasing the quality of life for the residents of Elgin County. This fairly new approach allows for more flexibility to address policing needs and priorities at the local level, by involving residents in efforts to improve the overall quality of life in their neighbourhoods. It also allows for a fundamental shift in police work from the traditional response to calls for service, to a more holistic approach that builds upon localized community capacity to address the risk factors associated with crime and victimization.The goal of engaging the community is to move from police led initiatives to community led initiatives that contribute to the safety of all. As the Community Mobilization and Engagement, Mental Health and Abuse Issues Coordinator, Constable Carlson works closely with community members, community stakeholders, businesses and community groups to develop innovative responses and solutions to crime and social disorder. Taking part in numerous committees and collaborations such as the Elgin County Situation Table (co-chair), SAFE Communities (Co-chair), Elgin Alliance to End Violence Against Women, Elgin Elder Abuse Committee and the Elgin County Drug Strategy Committee, Constable Carlson utilizes his 29 years of PC Carlson going blue to support St. Thomas Elgin Alzheimer’s Society Safe Communities Committee at the 2019 Seniors Picnic – P/C Carlson Co-chairs this committee PC Carlson at the West Elgin PRIDE Flag raising along with St. Thomas Elgin Rainbow alliance members and MP Karen Vecchio 9 diverse policing experiences from across Ontario to provide the policing perspective to the multitude of committees and groups that he is part of. Working closely with the LGBTQ2S+ community, Constable Carlson works to foster trust and break down barriers recognizing diversity and the responsibility of the OPP to work towards creating a safe and accepting environment for persons of all gender identities, expressions and sexual orientation. The following Community Mobilization Projects took place in 2019 and are ongoing; 1. Elgin Community Drug and Alcohol Strategy Development 2. Elder Abuse Prevention 3. Mental Health and Crisis Response Team 4. Police and Hospital Transition Framework 5. Senior Frauds/Scams 6. Formation of a Community Policing Committee in Dutton/Dunwich 7. Rapid Response Working Group – Alzheimer’s Society Rapid Response Working Group – Alzheimer’s Society Constable Carlson represents the Ontario Provincial Police on the Alzheimer Society rapid response working group. In this provincial initiative Constable Carlson has been working closely with Ontario Alzheimer Societies in designing resources, training and an educational video series for police officers. The training is designed to assist police officers in dealing with cases where someone living with dementia go missing. This includes working with the family, care partners, long term care or retirement home to quickly locate the missing person. The training also gives officers knowledge on prevention and referral processes and strategies. Elgin County Drug and Alcohol Strategy Identified through community concerns, in 2018 the Elgin Situation Table identified a need for a comprehensive drug and alcohol strategy within our community. A dedicated workgroup/taskforce was formed whose primary focus will be to develop a collaborative plan based on a “Four Pillars” approach of prevention, treatment, harm reduction and justice. The mission: Create, implement and evaluate a comprehensive drug and alcohol strategy that meets the needs of our community based on the pillars of prevention, treatment, harm reduction and justice. The vision: A safe and healthy Community in Elgin County without the negative impacts of drugs and alcohol. The workgroup has worked hard throughout 2019 to continue to develop a community base Drug and Alcohol Strategy. This project is anticipated to be complete in 2021. PREVENTION HARM REDUCTION TREATMENT JUSTICE & COMMUNITY SAFETY 10 Community Safety Officer Constable Adam Crewdson will complete his four year commitment as our Community Safety Officer (CSO) in May of 2020. In 2019 Adam showed continuing successes with strengthening connections with community stakeholders, schools, and media partners. Adam further assisted the Thames Valley District School Board and London Catholic School Board in training grade six teachers on how to implement and use the K.I.D.S/V.I.P program within their classes for 2019. Adam continued to support school administration with non-investigative questions and solutions to ongoing issues with high needs youth. New this year was Adam’s support of the YMCA Children’s Safety Village in London, Ontario. Schools from Elgin County elect to attend the Safety Village for presentations on pedestrian, cycling, and various other safety topics. Adam conducted the grade one and two programs for students. This provided more direct one on one support for our schools by having a local officer provide the classes. This was previously facilitated by the London Police Service. Adam also dedicated time within West Elgin High School providing students and staff continued face to face interaction with police throughout the school year. MEDIA Adam has continued to work with our media partners within the County and area. This has allowed for greater messaging on public safety and current crime and traffic issues. Adam often covers off regional issues for main stream media at the request of West Region Headquarter. Recently, other OPP Counties have had new media officers join the regional media team. Adam has taken a mentorship role with these new media officers to ensure consistent messaging throughout our area. Social media continues to be a priority for Adam. This enables our communities to be instantly connected to investigations and police activities within their specific communities. During the school year Adam spends much of his time within the elementary schools teaching the Knowledge Influences Decisions Supports (K.I.D.S) program to grade six students. This program which is similar to V.I.P program discusses the topics of: Youth and the Law (Youth Criminal Justice Act, making the right choices, etc.), Peer to Peer Relationships (healthy relationships, taking responsibility for your actions, bullying, etc.) Internet Safety (staying safe online, sexting, etc.) and Drug Awareness OPPWc,tRc9ion llOPP.WII 1 Sq,2<119 f n,lrtOPP ,lM iM111dlru-.l'l'(')rP w.in, )'OU 10 ~ llYf.'lf(I of~ d(,1m ~ ~hool huv, rhilr 'lliil h,-b,v.k ~01w1trttt11an,orrow i l ~R@MX8.Givtynt1rsiolf txt~ W'IW. Mid q,;t school buses em sp.Ke • the<e wiD bf hrs1 time ndiH's ltoa1d1~"'~"(111 OPPWodRtgion ll(.W_Wll•IDk,IIIDI! v Su,piciou, m, !mml9'tion ,nder w,y by l ~gilOPI', North of IA~m,r Ontlrio. C.11 IOJ'P M1h further info@ 11883101 Ill or@ l(MCS:oppm . 'ac CCllbloMCClnlilnillll•H111YaQl •£glll!IOf'P~nto1J OPPv.-.iOOPO;wR 11 COMMUNITY SPECIAL PROJECTS Adam continues to ensure historic homicides within Elgin County remain in the media to be easily accessible to the public using social media. This will ensure investigations and family intrests are not forgotten for years to come. One example is the Smith-Haveron double hoimicide that included collorbation with the family and media partners. Adam connected with the Cywink family and was able to highlight the invesitgation to date and allow the public to have access to this using social media. Adam partnered this year with Middlesex County OPP to run a citizen police academy for residents of Elgin and Middlesex. This had Elgin County residences attending a six week course to learn about the OPP. The course covered topics from OPP resources to current trends in crime. On numerous nights this showcased our own officers within Elgin County. This was the first time that Elgin County OPP has created and taken part in a citizen police academy. Regionally, Adam continues to represent the Elgin County OPP on the OPP West Region Diversion and Inclusion Counsel and the West Region Ceremonial Team. This allows the Elgin County OPP to gain further expourse and recognition throughout the region. Provinically, Adam sits on the innovations from the front line steering committee. This group is committed to the officers of our organization by providing positive changes at an orginzational level. Adam will be returning to front line policing on platoon and will bring the knowledge and connections he has made over the last four years with him, making him an asset for other officers. Thanks Adam for your commitment and a job very well done. Being available to the community is a key role for the CSO’s. In 2019 Adam attended many events throughout Elgin County, often with the support of our Auxiliary Unit. Adam continues to support the Youth Task Team in West Elgin/Dutton. This group provides support and advocates for youth wellness and involvement in the communities of West Elgin and Dutton-Dunwich. Adam further connects with the youth and community members throughout Elgin County by attending Early Year events, library’s, presenting at service groups and daycares. 12 Community Street Crime Unit Our Community Street Crime unit has been very successful in 2019 obtaining 77 judicial authorizations for search warrants. Below are some of the major investigations they have been involved in. Funeral Break and Enters – Since December 2018, break-ins began to occur while innocent mourning victims were at the funerals of their lost loved ones in Strathroy, Stratford, Elgin, Middlesex, Huron, Oxford, Norfolk and Lambton counties. The pattern of the suspect(s) was unravelled by CSCU members which led to countless daily hours of scraping the online obituaries in order to narrow targeted locations to where the suspect(s) could strike. Between December 2018 and August 2019, a total of 34 break and enters with this matching MO took place. CSCU members would stage at selected locations in hopes to capture the villain(s) of these heinous crimes in the act. Once the suspect(s) were captured several search warrants were executed resulting in the recovery of more than $100,000 worth of stolen goods snatched from the homes of Southwestern Ontario families who were attending funerals at the time of the break-ins. Trailer Theft Investigation – This investigation started off as a property crime Search Warrant which opened up an untouched multijurisdictional trailer theft scheme where victims had their enclosed trailers stolen, VIN’s replaced and registered as new in order to disguise the theft. As a result, approximately 35 trailers were discovered to be stolen and recovered by the CSCU members. Turner Road – What started off as a stolen property occurrence, a search warrant was executed at a residence where it was learned the occupants were deeply rooted as Sikh Organized Crime members. Intelligence was gained and shared with the appropriate intelligence units. 13 Marijuana Grow Op – An investigation involving cocaine dealing resulted in the largest seizure of an illegal marihuana grow in the East of Elgin County. The farm was staged with a full working crew and supervision, all unlicensed and not permitted. Street value of the marihuana was conservatively estimated to be 1.5 million dollars. Property Theft – CSCU were quick to identify subjects involved in break and enters in the Malahide area which led to a Search Warrant at the suspect’s residence recovering an abundance of stolen property identified to be out of St Thomas and surrounding area. Break and Enter/Theft – CSCU members noticed a trend of property crime in the West Elgin area involving the thefts of ATV’s and vehicles. CSCU followed up with investigative leads based on similar MO’s used by Persons of Interest. As a result of this, CSCU observed a POI being in possession of a stolen 70,000 construction pick-up truck that was taken during a break and enter in Lambton County. Firearms were also stolen. Search Warrants were executed at the property of the accused and numerous pieces of stolen property including ATV’s, the $70,000 pick-up truck, and numerous pieces of expensive construction equipment were recovered. Intelligence linking a ring of property crime groups within Elgin and Chatham was gathered after executing search warrants on electronic devices that were owned by the accused. 14 Elgin County OPP Calls for Service Elgin County Total Calls For Service Elgin Group Total Calls for Service by Municipality 12% 10% 15% 37% 15% 11% West Elgin Dutton Southwold Central Malahide Bayham Elgin Group Total Calls Distribution 2019 13,415 15,139 14,27014,257 12,500 13,000 13,500 14,000 14,500 15,000 15,500 2017 2018 2019 5 Year 0 1000 2000 3000 4000 2017 1185 807 1092 2535 1332 1194 2018 1081 886 1134 3117 1455 1216 2019 1248 1008 1565 3685 1520 1154 West Elgin Dutton Dunwich Southwold Central Elgin Malahide Bayham □ □ ■ □ ■ □ □ ■ □ 15 Traffic Safety The safety of motorists on Elgin County roads has always been a priority for Elgin Detachment. Our Traffic Management Team is dedicated to enforcement and response to traffic complaints within the County. Officers conducted 548 static RIDE checks in 2019, in addition to other tactics used to identify and remove 109 impaired drivers and issue 102 suspensions. Festive RIDE was in operation from Nov 23rd to Jan 2nd. During that time officers conducted 97 RIDE checks charging 9 impaired drivers and issuing 3 drivers licence suspensions. As you can see from the Motor Vehicle Collision chart below, we have seen a significant increase in total crashes with 914 in 2018 compared to 720 in 2018. We will continue to use statistical analysis and focus on targeted enforcement of Impaired Driving, Aggressive Driving, Seat Belt Use, and Distracted Driving to attempt to bring the total crashes down. These four factors can often be the difference between a minor crash with no injuries and a major crash resulting in injuries or death. Below are the causal factors for crashes in Elgin County in 2019: Causal Factors 0 200 400 600 800 1000 2017 552 142 6 285 2018 597 116 7 266 2019 770 136 8 370 Damage Personal Injury Fatal Car/Deer Fatal Crashes Remaining Crashes 2018 2019 2018 2019 Alcohol Involved 3 1 27 21 No Seat Belt 2 1 13 0 Aggressive Driving 0 0 80 125 Distracted Driving 1 1 66 95 Animal Related 0 0 266 395 □ □ ■ 16 Marine Safety Elgin County Detachment has 5 qualified marine operators conducting marine patrols, supported by the Elgin Auxiliary Unit. The Marine Unit is out early for the May long weekend to ensure the boating public is ready for the boating season with properly equipped vessels and properly qualified captains. Officers are on the water patrolling every weekend and attend water related community events including Can-Fest, Harbourfest and Tall Ships in Port Stanley and Tub Daze in Port Burwell. The marine unit is responsible for approximately 450 square kilometers of Lake Erie and covers approximately 100 km of shoreline along the north shore of the Lake. This includes the four ports of Port Burwell, Port Bruce, Port Stanley and Port Glasgow. Year Marine Hours # of Vessels Checked # of Charges (Criminal, Provincial, Marine) 2017 194 303 7 2018 322 395 10 2019 454 No Data 8 17 Crime Prevention In 2019 Elgin County Detachment continued our committement to crime prevention. A large component of this goal is the pro-active education provided through media outlets and presentations provided by our CSO. We continue to follow the principles of Intelligence Led Policing. Using analytics from the Regional Analyst we identify areas of concern and assign officers to specific focused patrols related to crime and traffic trends. The creation of our Community Street Crime Unit has increased the effectiveness of our investigations and provided targeted enforcement. Enforcement Statistics False Alarms - Elgin OPP officers responded to 299 false alarms in 2019 down from 343 in 2018. 911 Calls - Elgin OPP Officers responded to 1206 - 911 calls in 2019 up from 822 in 2018. Break & Enter We experienced an overall increase in Break & Enters across the County with a total of 160 compared to 99 in 2018. Break and Enter By Municipality 0 1000 2000 3000 4000 5000 6000 2017 662 5396 955 411 2018 712 5478 719 741 2019 1252 5029 212 961 Criminal Charges POA Charges Foot Patrol Focused 0 20 40 60 2017 27 8 11 35 21 24 2018 19 10 19 29 13 9 2019 29 14 22 51 27 17 West Elgin Dutton Dunwich Southwold Central Elgin Malahide Bayham □ □ ■ □ □ ■ 18 Domestic Violence We experienced a notable increase in domestic violence occurrences in Elgin County in 2019 with a total of 294 in 2019 compared to 193 in 2018. In 2019 we have continued to work with our partner agencies, like Violence against Women Services Elgin County, to increase awareness and education and provide alternative services from the community. Domestic Occurrences by Municipality Other Crimes Elgin Group Other Crimes Drugs 0 20 40 60 80 100 2017 51 25 35 66 36 50 2018 32 16 14 60 43 28 2019 58 23 45 86 40 42 West Elgin Dutton Dunwich Southwold Central Elgin Malahide Bayham 0 100 200 300 400 2017 2 106 28 313 103 130 255 74 2018 3 129 26 283 117 84 143 79 2019 1 226 34 223 89 85 133 80 Robbery Assaults Sexual Assaults Theft Under Theft Over Theft from MV Mischief Auto Theft 0 20 40 60 80 100 120 2017 84 6 49 2018 101 11 31 2019 21 14 22 Occurrences Search Warrants CDSA Charges □ □ ■ □ □ ■ □ □ ■ 19 CRIME STOPPERS London*Elgin*Middlesex (800) 222-TIPS (8477) Elgin County OPP continues to support the London Elgin Middlesex Crime Stoppers Program. This program has been very successful in 2019, handling 1789 tips that resulted in the clearance of 36 criminal cases, 32 arrests, 2 weapons seized, and over $61,740 in seized drugs. Crime Stoppers Ontario Stats (Statistics 1983 to November 30, 2018): Arrests: 124,009 Cases Cleared: 133,244 Rewards Paid: $8,098,397 Arson Loss Value: $16,769,779 Property Recovered: $306,406,496 Drugs Seized: $1,924,799,718 Total Dollars Recovered: $2,231,206,214 I I_=~== 20 Elgin Group Overtime Report The charts below outline the overtime expended for the Elgin Group excluding provincial responsibility. Elgin County OPP has implemented a number of strategies to reduce the use of overtime, including the creation of overlap shifts from 3:00 pm to 3:00 am and noon to midnight to match peak time for calls for service.In addition there are policies that govern when officers are called in on overtime. 9% 8% 9% 21% 22% 31% Admin Court Crime Traffic Operational Other Overtime Expenditure by Type 3688 3,980 3,631 3400 3500 3600 3700 3800 3900 4000 4100 2017 2018 2019 I I 21 Elgin Group Revenue Report The chart below outlines the revenue collected on behalf of the municipality for services provided by the OPP. Criminal Record Checks The chart below provides a breakdown of criminal records checks completed by Elgin Detachment in 2019, a decrease of 209 checks less than those completed in 2018. Of the 2590 Criminal Records checks completed 161 persons required fingerprints for RCMP verification. Criminal Record Checks 2019 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Vulnerable Screening 115 94 157 167 267 202 132 179 203 212 159 118 2005 Regular 27 36 41 44 36 38 33 41 24 42 35 23 420 Other 10 9 17 19 13 13 15 22 12 24 8 3 165 TOTAL 152 139 215 230 316 253 180 242 239 278 202 144 2590 R.I.D.E. Grant Each year Elgin County OPP completes an application for a RIDE Grant through Mothers Against Drinking and Driving. In 2019 Elgin OPP received $13,539.38 and all of that grant money has been spent to provide officers at RIDE checks throughout the County, with the bulk of those checks occurring during the Festive RIDE Season. We are very proud and appreciative to be partners with Mothers Against Drinking and Driving in the fight to keep impaired drivers off our roadways. JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY 2,073.75$ 1,982.75$ 2,629.50$ 3,389.00$ 3,512.75$ 3,603.50$ 4,739.00$ AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 6,186.00$ 4,184.00$ $5,675.00 $4,860.00 $3,283.00 TOTAL:46,118.25$ I I I I I I I I r -, I I I I 1 I T T l I l l l l - ~ - ~ - I - ~ - ' I I I I I I I I I I ~ -- 22 Elgin County OPP Supports the Communities We Police Elgin County OPP, 42696 John Wise Line, RR#5 St Thomas, ON. N5P 3S9 EMERGENCY CALL 911 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: DATE: Margaret Underhill, Deputy Clerk/Planning Coordinator May 11 , 2020 REPORT: DS-35/20 Fl LE NO. C-07 / D1 0.SAN D / BL 2019-049 Roll # 3401-000-004-19902 SUBJECT: Site Plan Agreement-Sandytown Retirement Home Inc. BACKGROUND: A site plan control agreement was approved on May 16, 2019 for the Sandytown Retirement Home Inc. for their property located at 9344 Plank Rd, Straffordville. The agreement pertains to the construction of a 143 m2 (1539 sq.ft.) addition with overall lot upgrades. The subject land is designated "Institutional " in the Official Plan and zoned Institutional (I) in the Zoning By-law Z456-2003 . DISCUSSION: Nearing the standard one-year date for the expiry of the Agreement, the Retirement home is not complete . The current COVID-19 pandemic has greatly affected the project and slowed their progress. As per the Agreement , the Sandytown Retirement Home Inc . wishes to notify and request an extension of the site plan agreement to December 1, 2020. Please refer to their correspondence attached . Given the situation with the COVID-19 pandemic and the need for more time to complete the construction , staff recommends approval of the extension of the site plan agreement to December 1, 2020 . ATTACHMENTS 1. Correspondence from Sandytown Retirement Home Inc. dated April 29 , 2020 Staff Report DS-35/20 Sandytown 2 RECOMMENDATION THAT Report DS-35/20 regarding the Sandytown Retirement Home Inc. site plan agreement extension be received; AND THAT Council agrees as per the request to extend the Sandytown Retirement Home Inc. site plan agreement approved by By-law 2019-049 due to expire on May 16, 2020 for an additional time period expiring on December 1, 2020. 1/ Reviewed by: -~ ,/ Margaret nderhill Deputy ClerkJPlanning Coordinator Sandytown Retirement Home Inc. Po Box 70, 9344 Plank Road Straffordville, On ncapenner@hotmail.com April 29, 2020 Municipality of Bayham . P. 0 Box 160.56169 Heritage Line Straffordville ON NOJ-1 YO Re Site Plan Agreement SANDYTOWN RETIREMENT HOME RECEIVED APR 3 0 202 0 MUNICIPALITY OF BAYHAM Dear Mrs. Margret Underhill. In response to your letter concerning the site plan agreement section 27. We will not have the building project completed by the set date of May 16, 2020, due to unforeseen circumstances . Update on the Project status : • Electrical 70% complete • Plumbing 75% complete • Heating & Cooling 65% complete • Bricklaying, beginning of May • Fire sprinkler system installation in approximately two to three weeks • New roof Complete • New water well complete • Water holding tank and sprinkler system pump installation in June or July • Drywall and flooring to be completed after electrical, plumbing and ductwork is complete We currently have only one group at a time working on the project due to COVED-1, which has slowed down the progress on the project considerably . Due to the previously stated reasons : Could the Municipality of Bayham please extend the site plan completion date for the Sandytown Retirement Home to December 1, 2020? Best Regards. ~---. / Jacob Berg fsl 07! TO: FROM: DATE: REPORT: SUBJECT: REPORT DEVELOPMENT SERVICES Mayor & Members of Council Margaret Underhill, Deputy Clerk/Planning Coordinator May 11, 2020 DS-36/20 FILE NO. C-07 / 013.THIE Roll # 3401-000-004-23000 Rezoning Application -Thiessen By-law 2707-2020 BACKGROUND: John and Mary Thiessen have submitted a rezoning application to rezone their property described as Plan 205 Pt East St Closed Lot 8 Pt Lot 9 N/S First Lot 10 Pt Lot 11 S/S Second St known municipally as 55866 First Street, in the village of Straffordville . The subject lands are designated "Residential" on Schedule "B" Straffordville Land Use and Constraints of the Official Plan and currently zoned Village Residential (R 1) on Schedule "F " Straffordville in Zoning By- law 2456-2003 . A public meeting was held April 2, 2020 with no public comments received. At the time of writing this report no public comments have been received. The purpose of this By-law is to change the zoning on a 994.6 m2 (0 .2 acre) parcel of land from a Village Residential (R1) zone to a site-specific Village Residential (R1-14) zone to : permit front yard setback of 1.8 m (6 feet) for the existing dwelling where the permitted minimum is 7 .0 m (22.9 feet); to permit accessory building floor area of 120 m2 (1,291 ft2), for the combined floor area of the existing shed and garage, where the permitted maximum is 65 m2 (700 ft 2 ); to permit twelve per cent (12%) accessory building lot coverage for the two existing accessory buildings where ten per cent (10%) is the permitted maximum; to permit accessory building height of 5.5 m (18 feet) for the existing garage where the permitted maximum is 4 .5 m (14 .7 feet); to permit side yard setback of 1.0 m (3 .2 feet) for the existing shed on the east side where 1. 7 m (5.5 feet) is the permitted minimum ; and, to permit side yard setback of 1.3 m (4.2 feet) for the existing garage on the west side where 3.0 m (9.8 feet) is the permitted minimum , in Zoning By- law 2456-2003 . The subject lands are located at 55866 First Street , north side , east of West Street in the village of Straffordville . The effect of this By-law will be to fulfill conditions of Consent E90/19 to rezone the retained Staff Report DS-36/20 Thiessen lands to recognize reduced front yard setback for the existing dwelling, to recognize oversized existing accessory building(s) (combined floor area, height and lot coverage) and reduced setbacks for the existing accessory buildings. DISCUSSION: The proposed zoning will fulfill the condition of consent to recognize existing conditions on the retained parcel. The consent was supported by Council and granted by the Land Division Committee on January 29, 2020. Staff and planner recommend support of the zoning amendment. ATTACHMENTS: 1. Rezoning Application February 27, 2020 -deemed complete on March 13, 2020 2. Draft Zoning By-law 2707-2020 RECOMMENDATION THAT Report DS-36/20 regarding the Thiessen 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 April 2, 2020 associated with this application, there were no written submissions and no oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law 2456-2003, as amended, be further amended by changing the zoning on the lands owned by John and Mary Thiessen identified as a portion 55866 First Street from Village Residential (R1) Zone to site-specific Village Residential (R1-14) Zone subject to condition of consent application E90/19; AND THAT Zoning By-law 2707-2020 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: ~~ MargatunderM Deputy ClerklPlanning Coordinator 2 MUNICIPALITY OF BAYHAM . 56169 Heritage Line P.O. Box 160 Straffordville, ON N0J 1Y0 Phone (519) 866-5521 ~ Fax (519) 866-3884 RECEIVED FEB 2 7 2020 MUNICIPALITY OF BAYHAM APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000 (Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500 (Temporary Use Zoning By-law Renewal) or $1500 (Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, :::S-o h~V\ n ·7h J,e,j,S-e f'L-. . shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): Address: -9 ;/2 ~ 5 .5 8 fa&? A'n f Phone No. (Home): 5/eJ·, CJ/J3 _3,;1:7-0 . Fax: Lot and Concession (if applicable): sf Business: ,-------------- 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 Agent: Address: Phone No.: E-mail: Please specify to whom all communications should be sent: Registered Owner ( "f') Applicant / Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested Roll# 3l/~oJ. 00O--0O 11~1:J.?,ooo-0000 Concession: Lot: / 0 -\ \ --------- Reference Plan No: PJcmaoS::-. . Part Lot: f+ &st,5f (kit'/ !¢[-.L -· ·"' P.J--LcJf 9 IV} MIS vr /0 Street and Municipal Address No.:'53'8"'&& !fk:s r ST. &-kt: II f/s r:ercn/ I Si- What is the size of property which is subject to this Application? Area: _99-'-----'--t/_,~ __ {o'---_m2_ Frontage: -~3. ~(51 ___ m_ Depth: L/O. ~of m When were the subject lands purchased by the current owner? ~/9~9~·1:~------ Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: How does the application conform to the Official Plan? /f?s;ckn /;~,I lcl c✓/pa ?f ;,f\ 1r1 .x#J,,~ral ~/4_ 5. Existing Zoning By-law Classlficatlon: /,'{//4j2< &/~l},_a/ (6'1) What are the current uses of the subject lands? 6. _ &s1/&7lla/ c.u/ ;:f'er5c/J1tZI :r/41/7?1t;e Cfd/~t?c. ~ V I ~/ / ,:/ / If known, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Line Setback Setbacks /. ~1/111 ~' t./1 ,YI 30, cjtt,/Jt7 /. 3/m Rear Lot Line Setback Height S/~trJ Dimension s d :sbrt1y I J~f. J m i- /. 7 / /Y1 L/J{J;,YJ /()5. 1/ /YI :), If known, provide the dates in which each of these buildings were constructed. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. fill -e)C l<'Sfl1"1/ ~1t1t"'(l't: ·-17r,/ rr:I ~ ½ c:lt r"'_x1·~ ·~ --~hJ.;"7 /0. o Municipality of Bayham Zoning By-law Amendment Application 7. Why is the rezoning being requested? Ccn~& hfll <Jf ~~r:r-1--E9 !J /9 -/ c'ro n 1r1 8. Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? Page 4 Yes@ 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? 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) /Va-rv C p'fOB,) Y"t:/ (JY) rc&,1 /7 t" / For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height Dimensions 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 ( V) ( 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: Proposed Outlet: ----,,"~------------------ Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( Municipal Road -maintained all year ( ~ Municipal Road -seasonally maintained ( ) Right-of-way ( Water ( If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ,;( €9' 0 /;CJ (;-,,:;111-k/ Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. 6-r-or1-kce sq/a rJ 9 0/20 L De_ 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? &i/e'//7"ft'cl,/ c4vc/4j?JW11f 111 c~ .5~1?1c'd «Let:< , 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 16. 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 Southwestern Public Health, 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 17. 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. 18. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page8 19. If this application is to accommodate the consent of a surplus farm dwellin provide the following information: Please provide the assessment roll number, loca · , and zoning of the farm parcel with which the subject lands are being consolidated. Roll# 911 Address: Name of & w-/?t?-rn , in the County of --M-=u"""'n'-ici!....,p,_a.,_lit.....,yc...N_a.,_m_e __ c?c;,,1/1 , do solemnly declare: --C-o-'u'--rrf+y-'--N'-a_,__m_e __ (i) th@~he owner(s) of the lands described above (ii) that to the best of my~nowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that l!We hereby appoint --::::::::::::= my/our behalf in all aspects of t~cation. to act as an Agent on And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtu oft "Canada Evidence Act". DECLARED BEFORE ME at the: -....,..,A_·~...:..J</a"'--'-11-'-'1_;;..a--r-',d'--"~-i..;_;~-r----of in the County/Region of L7 qi h I day of F-['~y /J£l, I(/ 20 c9 CJ .. I ~· ·~/Agent ~ DENOTES TO BE SEVERED ~ DENOTES TO BE RETAINED ffR-30 42 L oy 9 I I LOTS I P A RT 2 , 11R -_-_: 4 ~ i I I I \)). I \i') I ~ I I-.. L OT 7 ~ !( t'\/ 1-- IJ) ~ hJ ~ ~ ~ h I-.. ~ I [j !( ~ h REG JST£RED I FlRST STREET ;{/,7on inf ;e-£1h c/ /an/s I I 2 • 3388 I 1 0"'1uo, : I ~05 LOT ii I ,-. I I b II I STR:T : I -----J, .,,, -I -- I I ~I,, I 1--I 1--I LOT 9 SI' s LOT -JO PART 1 I 11R I B562 I I I 205 KIM HUSTED SUR\OING LlD. QIITARIO LANO SURVEYOR 3D IIM'<U 11MET, 1IUIIBN CIIT~ IMO U l'tlON[:1111 IU 3UI FAIi! 1111 IU 3131 PRO.ECT: 19-14833 AEHREMCE:FI.E :>\GREGWORl<\19-14633 .d wg, 20 19--04-0 1 8 :01 :4 9 AM , HP Deskjet F4400 se r ies (Copy 1) ~ ") h. ~ Q:- ~ ~ ..... l0.058 ,_ Cf) ~ t.,J ,_ I uJ I uJ I ~ er, I wrs' ~ 0 ,., 9.8f LOT 10 P-Wa .,... TO EE 5£\Sl:J) ~ CF P-Wa •1t• • l«Ha SCI.WE l£Tll;S SOUTH 0 lf) ..;: "' OF PARCEL "'B" TO EE IETME) -~~~ Lor 8 10.006 REG/STEREO " '<I- .,; B; ~I $ NI 9.90 ~ 16.527 FIRST 21607 0 It) t I I I ~l 1§ I I I 5.29; I , I I I I I I 5.4/ I I I 205 Ol ,_ 0 -J h. Q:- ~ SKETO{ FOR PRa'OSED SEVERAN::E LOT 8 Am PART <FLOT 9 tGTH <F FAST SIFEEI LOT 10 Am PART <FLOT 11 SOOTH <F SECON> STt£EI PART <FEAST STtl£1 azasw BY BtUII .1Xl1 FE1JIS1E1BJ AS NST1UEHT .J021fT) RE01SIEJ£D A.AN 20!5 MLA6F <F STRNrlJRDVUE) 6F<XRAPI£ TOWNS1#' (F 84 'Y1W1 lf.l«:PA/.ITY (F 84 'Y1W1 COlM'Y (F B.8N MJT TO SCA/.£ BUILD! NG HEIGHTS: DWEWNG = 8.2m GARAGE = 5.5m SHED = 2.0m ICl1 ttJSTED SllN£1N8 LlD. <NT.Nm LAM> SUNEYm JD HIIIN&T swal'. 'IIUllaM ~--ftllEIIII N ,_,. fNl D ICI ,_,. f'AO.Ef: 19-14a»-2 ll:fBIENCe RE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2707-2020 J & M THIESSEN BEING A BY-LAW TO AMEND BY-LAW No. 2456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "F" Straffordville by changing the zoning symbol on the lands from Village Residential (R1) Zone to site-specific Village Residential (R1-14) Zone, which lands are outlined in heavy solid lines and marked R1-14 on Schedule "F" Straffordville to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Section 10.12 Exceptions -Village Residential (R 1) Zone by adding the following clauses: 10.12.14.1 Defined Area R1-14 as shown on Schedule "F" to this By-law. 10.12.14.2 Minimum Front Yard Setback 1.8 metres for the existing dwelling 10.12.14.3 Accessory Building Regulations Notwithstanding the regulations in Section 4.2 and 10.11, the following shall apply to R 1-14 lands: Maximum combined floor area for the two existing accessory buildings: 120 m2 Maximum height for the existing garage: 5.6 metres Minimum side yard setback for the existing shed (east side): 0.9 metres Minimum side yard setback for the existing garage (west side): 1.2 metres Maximum lot coverage for the existing garage and shed: 12.5 % 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 11TH DAY OF MAY 2020. READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF MAY 2020. MAYOR CLERK SEE SCHEDULE A• MAP No. 5 r, I,< , / ',;&'-' l '/ -\'1 /'-,<:J i \ ,-,1 I' \ ' ' ' / '" I/ I ,\ -,/ &,'\ ~ \ \ ' j::-..f'✓' I I . ,~ I I t°"-. A-.""_ i? ,,/;/ . I --~ I \ .::>"·,f//",_..;.. -\ , • J 0/' 7 · . I ·. -12 " _/ ,--1' ,, ,:/ _-----'-·/ / > / --=;,., I l, '<;,~· ( ;'·./ ( / I A ' "ti, .. , I I -~ -p--~-~':-_-(:-->---}--_j !~ ,,/4,,, / 1: < ' ' I I /0( ,,._: J,1-C--,----; -;,,/~~~ _..., , ::-::~fC: 1_/,}f:._-;:r)) ,!J I ~.d// ' ' i / --~~.:_;,:-1,ST.OEET"i' / -;--; r~,...-:,.·is>,.,"(1/1 i-/-U l,/1/ -1, _ · 1.l, '-.' ,_-,o ' , /! 'i I . ,,, '/. '-'Rm-I ' ,.~:-_J.J_ L - R1-14 MUNICIPALITY OF BAYHAM SCHEDULE F STRAFFORDVILLE /~Ii ;/irill r -- , .. ' --/ i-1-1-Ulll,, ltA,°.E LIN'. --/ -<._.. '' fs ,, '·' ]nr-J,U' 11 IE_i~~--- r---,-~-. ;[' ! !.REE · !LJ c...... L, ~· An,, ' " " ' ' , ' ,_ J _,., ,j I I sr_;::,o.{~:;>· -· ' LL 1lt / 1 _ L~ ::'.;L_:1 I I ! , 1 -u I I I,;;,,,·· • -, -,,d J ,1 -· 1, . .1·, l ;' .. -...,,") I -J I .,,. ____ ,. ,/'--~, "--./ I ---... 1 l SEE SCHEDULE A· MAP No. 8 Legend l :: LPRCA Regulation Limit ZONING BY-LAW 2456-2003 UPDATED JANUARY 16, 2020 SEE SCHEDULE A· MAP No. 6 1-·~ I, I I J [TJ~ This is Schedule "F" to By-law No. Z707-2020, passed the day of , 2020 Mayor Clerk ------..... NORTH 100 200 Metres 400 TO: FROM: DATE: REPORT: SUBJECT: REPORT DEVELOPMENT SERVICES Mayor & Members of Council Margaret Underhill, Deputy Clerk/Planning Coordinator May 11 , 2020 DS-37/20 FILE NO . C-07 / D13.GRAH Roll # 3401-000-006-15200 I #006-15100 Rezoning Application -Graham Estates Inc. Zoning By-law 2709-2020 Site Plan Agreement -Graham Estates Inc. By-law 2020-047 BACKGROUND : Graham Estates I nc. has submitted a rezoning application to rezone land s located in Part Lot 17 Concession 1 0 and known as Leg end Rubber at 56957 Talbot Line . The original pub li c meeting sc heduled for April 16, 2020 wa s cancelled . Reissued notification was circulated o n April 20, 2020 for a public meeting to be held May 11, 2020. At the time of writing this report one public written comment has been received. The purpose of this By-law is to change the zoning on 2.6 ha (6 .6 acres) of land from Rura l Commercial (RC) zone and Agricultural (A 1-A) zone to site-specific Rural Industrial (M2-12) zone to permit industrial use in the form of an existing rubber flooring (agricultural and automotive) manufacturing and warehousing business and to permit maximum building floor area of 8,450 m 2 (90,955 ft2) for the business in Zoning By-law 2456-2003. The applicant proposes to build a new warehouse building with floor area of 4,065 m 2 (43 ,755 ft 2 ) and in f uture to replace the 863 m 2 (9,289 ft2) processing building with a warehouse and processing building with floor area of 2 ,129 m 2 (22 ,916 m 2 ). The subject lands are located at 56957 Talbot Line , south side, west of Green Line . The effect of this By-law will be to recognize the rubber flooring manufacturing and warehousing business and to permit a maximum floor area for a new warehouse building and future warehouse/processing building to rep lace the existing processing building. DISCUSSION The application provides for the re zon ing of only the lands to accommodate the warehouse Staff Report DS-37 /20 Graham 2 addition and the area currently being used for the Legend Rubber business. The A 1-A zone will remain on the rear lands recognizing the adjacent LPRCA Regulation Limit lands. The planner's memorandum dated April 1, 2020 provides a complete analysis of the application. One written concern was submitted by a neighbor, Darlene Goodwin, with various concerns that were shared with Mr. Ross Graham with the following responses: • Zoning -is to recognize the manufacturing business that has evolved from the original rural commercial zoned business to a manufacturing facility • Odour -a onetime event last year from Spring -August 2019 when there were odour- filled rubber rolls returned from a dairy farm stored outside. There are no Ministry of Environment regulations or requirements applied to this property as there are no measurable emissions. • Noise -Mr. Graham is unsure of the noise issue; there is truck traffic during the day and the manufacturing is contained within the buildings; Mr. Graham is willing to plant trees along the adjacent lot line • Flooding -the proposed site plan grading proposes surface water drain to the rear of the property; the neighbour's concern may stem from the Ministry of Transportation (MTO) completing ditching work a few years ago and the culvert is too low so it floods/fills up in front of the neighbour's residence; flooding is not as a result of the subject land's drainage • Fires -there was a burn on the property last year but since then Mr. Graham has invested in a grinder to make pellets and there have been no burns • Traffic -there are no concerns from MTO regarding traffic; staff start 6:30-7am and leave by 6pm; no deliveries occur at night; locating the warehouse on-site will result in less truck traffic in/out of the property as they will no longer require off-site storage from which to shuttle product The property is subject to site plan control and the Agreement is also attached for Council's review. The Agreement is the standard agreement used for site plan with the unique details and drawings attached. The site plan agreement is required to be registered on title to the lands. Staff and planner are of the opinion that all concerns have been addressed and are supportive of the purpose and effect of the zoning amendments with the accompanying draft site plan agreement. ATTACHMENTS: 1. Rezoning Application January 31, 2020 -deemed complete on March 27, 2020 2. Correspondence dated April 2, 2020 -Darlene Goodwin, 57037 Talbot Line 3. Site Plan Application March 26, 2020 4. IBI Memorandum Dated April 1, 2020 5. Draft Zoning By-law Z709-2020 6. Draft Site Plan Agreement authorizing By-law 2020-047 RECOMMENDATION THAT Report DS-37/20 regarding the Graham Estates Inc. rezoning application and site plan agreement 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 Staff Report DS-37 /20 Graham May 11, 2020 associated with this application, there was one written submission in opposition received April 2, 2020 regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law 2456-2003, as amended, be further amended by changing the zoning on the lands owned by Graham Estates Inc. identified as Concession 10 North Part Lot 17, from Agriculture (A1-A) Zone and Rural Commercial (RC) Zone to site-specific Rural Industrial (M2-12) Zone to permit the expansion of the Graham Estates Inc.; AND THAT Zoning By-law 2709-2020 be presented to Council for enactment; AND THAT By-law No. 2020-047 being a By-law to authorize the execution of a Site Plan Agreement between Graham Estates Inc. and the Municipality of Bayham for development at the property known as 56957 Talbot Line be presented to Council for enactment. Margaret nderhill Deputy ClerklPlanning Coordinator 3 MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 Straffordville, ON N0J 1Y0 Phone (519) 866-5521 ~ Fax (519) 866-3884 RECEIVED JAN 31 2020 MUNICIPALITY OF BAY APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF HAM THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their record s. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000 (Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500 (Temporary Use Zoning By-law Renewal) or $1500 (Zoning Amendment to Remove Holding Provision ). If the application is not completed in full, the application will be returned. I/We , Ou 0c v2 (?oss. GaA±:iA..AA... shall assume r es ponsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additiona l costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner Property Owner FOR OFFICE USE ONLY DATE RECEIVED: j o-v-o I /-;;c AMOUN'T RECEIVED : a-c::x::::J O =-D DEEMED coMPLETE: /ll(J-,r J-7 k b RECEIPT#: 0 ~/ S-&~ FILE NO: U r3 . G-,2,A\-\ DATE ADOPTED BY COUNCIL: Municipality of Bayham Zoning By-law Amendment Application Page 2 1. 2. 3. Registered Owner's Name(s): Address: Phone No. (Home) SI q 550 2-==t-0 2. Business: Si 4 b BB ( 0 lf-s Fax: Email: res s0) t:_f)e.,1c{cl)_b_ b e:_r :_~c~ Lot and Concession (if applicable): __ bl __ .I 1 _____ Co__") ____ LQ ___ ---------······-----~~ 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. Applicant/ Authorized Agent: Address: PhoneNo.: 51'7 550 2::,.-G2. Fax E-mail: Please specify to whom all communications should be sent: Registered Owner ( Applicant / Authorized Agent ( Legal Description of the land for which the amendment is requested /' / 1~100 ltill:fif<",Jl/JJ 117W Roll# 3'-t -o i -ooo -oo Gt 5 2.00 and 31/'tJ/ -OOO -00 v '-'· <.) Concession: 0 Lot: Nort~ Reference Plan No 11 f< 22> fs_?c Part Lot: Street and Municipal Address No.: _SG..9_5±. __ T"fr.LJ'30:T L,_Ne;_ ________________________ _ What is the size of property which is subject to this Application? m2 Frontage: m Depth. s 45 m When were the subject lands purchased by the current owner? Municipality of Bayha~ Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: A0r{c0l'+-vre-, s;5r1·,r,·cc,-1.t" (,vood.lcuto1S ,Nt1tl-vrc..,I Hevr:t,:.,.5 e How does the application conform to the Official Plan? cA.-r 'I 5. ExistingZoningBy-lawClassification: J<0 ,t:,l (ON\Merci_oJ(RL)tl11\0 A-'s)r;·cuil-vr"d Al L PI'< C A e.e.'(3o~hot1 I iM,·t E1- E. 3 E~ 6. What are the current uses of the subject lands? If known, provide the length of time these uses have continued on this property. 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 o; '0; /\ C\. \ .3 <o ""-32.. / t bci 2. ( '-t ·-:::,-2:S 'f so !'J ev-Je-r ~\J\\~ 20= ho I I o_o /10 q 2-::>j 65 Cover{'Ct L l <3o.,rr\ (; I t,I\ too I 83. 151 + 4-2 'f I 0 If known, provide the dates in which each of these buildings were constructed. What is the Nature and Extent of the Rezoning? amended. ( "- ,e-.lj"< I ( ~ \--rv-( e,, A\ -A J ~ Kurc1. \ Co MMerc~t\.,l ( gc) to "5 -e c:f 1' uv--. l <-( 2-o 1'5 / I b1 __ (_pvG'ff'Ci l{ 2-00 cl . Quote Section of Zoning By-law to be U'\W~u,✓ev\ \y-J IA--s+r~ a--1 Se 0+.-uv--. :9-I Municipality of Bayilam Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? 8. 9. £ Y po. A St ·o ''°' p I C1 f\ s / f\ eecl --·· of Mo-r-e. Sf--or kl_~_e_ ______ $_pt?Lc:-_e~ _ e~pa{"\d '~i wctr e-hou'Sc __ Jn+o_ -\-he,, ___ AJ~_Zone. _____ _ Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? ~/No if so. attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment Does the proposed amendment remove land from an area of employment? "§ig/No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) For any proposed buildings or structures on the subject lands provide the following information: Type Ph.ctse.. __ Phetce. 2 r!Olll Lot Line Setback Side Lot Line Setbacks _15J-s'+-- . _ ) S 0/1 l:/1_- Rear Lot Line Setback Heighl __91_,..,.,_ _q_~_ Dimensions Municipality of Bayham Zoning By-lavv Amendr:,en: Application 11. Services existing or proposed for the subject lands: Please indicate with a / Water Supply Municipal Piped Water Supply Private Drilled Well Private Dug Well Communal Well Lake or other Surface Water Body Other Sewage Disposal Municipal Sanitary Sewers Individual Septic System Communal System Privy Other Existing Proposed Existing Proposed Page 5 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 Ouliet. f\/lu of 3ayham Zoning By-law ,6-niendrnen, .~pplication Page 6 12. How will the property be accessed? Prnv:ncial Highway ( )( ) County Road ( Municipal Road -maintained all year ( Muriicipal 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 1 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( Consent ( Zoning By-law Amendment ( Ministers Zoning Order ( If yes to any of the above, indicate the file number and status of the application. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? No Mun:cipaiity of Bayham Zon:ng By-law Amendment Application Page 7 16. The Owner is required to attach the following information with the application and it wi!I 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 Southwestern Public Health, 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 17. 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. 18. Additional Information as required by Council Mur:ic1pal;ty of Bayham Zoning By-iavv Amendment Application Page 8 19. If this application is to accommodate the consent of a surplus farm provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, locati subject lands are being consolidated. / , and zoning of the farm parcel with which the :;:I :ddress 7 . . . Zoning Classification: ,-, i/We, ~ 0=0 s . _Gc~bP:'..fY\ -. Narne , of the __ ('{\v (\ l o.:,po., t '1 +~~----____ -------_ Town/Township/C1ty/Viiiage etc of --0-0c~ .b,GJ.Y\-______ , in the County of -----t-:::t g.,....1~l,-~---, do solemnly declare: ,1m1n1c1pa11ty Name c,ou11(:J Name (i) tha{?we@re the owner(s) of the lands described above (ii) that to the best of~ur 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 application. 0wner(s) Signature(s): _______________________ _ .And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: /?1un1'¥7a.//; f of &y)?!IJ? E18,;, Jo A lA.-a-1 I in the County/Region of day of 20 3i this ---~~----- O\J\fner I Agent A Commissioner. etc. f>ontario Service Ontario !.AND REGISTRY OFFICE fll PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER PAGE 1 OF l PREPARED FOR LGilvesy PROPERTY QESCRIPTIQN• PRQP£BTX REMARKS· ESTAT£/OUALIFIERt FEE SIMPI.E LT CONVERSION QUALIFIED OWNERS• NAMES GRAHAM ESTATES INC. UG. IIUK. DATB •• PRIIITOUl INCLUDES AL ••susncr, ON FillST llEG .. SUBSECTION 4 .. AND ESCHeA'l'S .. TH£ RIGHTS 0 .. IT THROUGH L .. CONVENTION • .. ~NY LEASE TO .,DAT£ OF C PNVEtlSlON TO £388882 1998/10/08 E388882Z 1998/10/08 £388883 1998/10/08 CT43798 2009/06/01 /!El ~S: PLANNJ CT44089 2009/06/09 CT45422 2009/07/14 3&340-0238 (LT) ON 2017/03/17 AT 10:19: 43 • CERTIFIED IN ACCORDANCE WI'l'H 'l'HE !.AND TITLES ACT • SUBJECT TO RESERVATIONS IN CROWN GRANT • PT LT 17 CON 10 BAYHAM AS IN £388882 (FIRSTLY & SECONDLY) I BAYHAM Pl.ANNING ACT CONSENT AS IN £162181. Bel:ENTLY• FIRST CONVERSION FROM 80011 Wfil.llYfillAl!I INSTRlllll!IIT TYPE AMOIJN'1' PAil'lIBS FROM DOCUMENT rr PES AND DELETED INSTRUMENT SINCE 2001/04/21 •• STAATION UNDill THi .AND TITLES ACT, TO (1) OF THE LAND TIT ES ACT, EXCEPT PAR, GAAPH l l, PAAAGAAPH 14, PROVINCIAL SUCCESSION DU'l'Ili:S Ull FORFE1TUR£ TO 'l'H CROWN, ' ANr PERSON HHO HOU D, BUT FOR TH£ LAil I TITLES ACT, BE £NTI'l'L£D TO THE LAND Oil ANr PAIIT OF 1/GTH OF ADVERS& POS ESSION, PRESCRIPT! IN, HISDESCRIPTION Oil BOUNDARIES SETTL£D Br HHICH THE SUBSE:CTIO ' 70 (21 OF THE l!E:Gl 2'/!Y AC2' APPLIES • LAND TITLES: 2007/0 /23 •• TRANSFER • • • COMPLETELY DELETE!> • •• REST COV APL ANNEX Clll\l\GE: • • • COMPLETELY DELETED • • • TRANSFER $350,000 929681 ONTARIO LIMITED ~ ACT STATE:H£NTS CHARGE $150,000 GRAHAM ESTATES INC, DISCH or CHARGE • • • COMPLETELY DELETED • * • ROYAL BANK or CANADA . PIN CREATION DATE; 2007/04/23 IIARTIES TO 929681 ONTARIO LIMITED ROYAL BANK OF CANADA GRAHAM ESTATES INC. THE BANK or NOVA SCOTIA RE !ARKS: EJ8886,J. CT109367 2014/11/20 NOTICE $1 THE CORPORATION OF THE HIINICIPALI'l'Y OF BAYHAM GRAHAM ESTATES INC. NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY. WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE 'tO'l'AL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. 5<.,c(':>~ 1-1 "'-'1 ~ C&Pr:Z/ CIIKD C C C C N A :-i:, ~Vj~'r y.f;J . 1.01 l(i ~ () ,1.' ('.>\) <:) 11R1779 11R283'/ 0184 I.01 ii" LOT 18 "' "' ;;; ,-. N "' "' ct: ,_ PRINTED ON 17 MAR, 2017 AT 10:22:01 FOR LGILVESY SCALE 30 60 90 120 PROPERTY INDEX MAP ELGIN(No. 11) LEGEND FREEHOLD PROPERTY LEASEHOLD PROPERTY LIMITED IUil:REST Pf\OPEfrTY CONDOMIWVM PROPERlY RETIRED PIN (MAP UPDATE PEtlOIUG) PI\OPE!RTY NUMU C:R OLOCK NUMOER OEOGRAPIIIC FAllRIC EASEMWT 0•1•19 r:. ~;Ci'"; 1 THIS IS NOT A PLAN OF SURVEY NOTES REVIEW THE TITLE RE.CORDS FOR COMPL6Tl: PROPERTY INFORMATION AS 1'111S MAP MAY NOT REFLECT RECEHT REGISTRATIOllS ·nos MAP WAS COMl'IIUO moM 11LAUS A!I[) DOCUMEl-:TS kECORDED IN lti[ I.MH> REGISiRATIOU SYSTH~ AUD HAS IJHU PltEMlttl) FOR PROPERYY umt:XIUG Pl}ftl10Sl.S OJJI.Y FOA 011-lENSlO~JS Ot Pf\OPUrnr:s BOUIJl>Afl.11:!; ~H Rf.COROf:0 11LAl-lS AJJO bOCUll.[tHS OIILY MAJO/\ l:ASEMEf.iTS Ant: S!IOWU P.f.fEI\EflCE Pl.Ml$ UIIOERlY1UG 1,101\[ lt[CHH REFHH:uct PLMJS ,\Rt: uor llllJ5lRI\T(f) I"►. Vontario I~ Queen'r; Printer for Ontario, 2017 02/03/2020 Dear Margaret LEGEND RUBBER RECEIVED FEB O 3 2020 -emJ MUNICIPALITY OF BAYHAM INC Legend has grown into two distinct business over the last 15 years, Rubber flooring for Ag r iculture/ Cow comfort products and Automotive flooring, we are experiencing a huge need for extra storage space at the current location due to continued growth. On our Automotive flooring business whe r e we make floor panels for commercial vehicles out of a pre made recycled sheets of plastic the process is as follows, all incoming sheet material is received at this location where we either cut the material out into finished shapes or we take it and store it off site in one of 2 warehouses we have in town until we are ready to process it. Once the parts are cut and packed we sh ip all over North America and beyond. The Agricultural div ision makes rubber mats for cattle handling areas, we also do a similar process to the Automotive division by bringing in blank rubber mats and then cutting to shape on CNC machines, this requires us stocking the different sizes and types of rubber mat, which then allows us to customize the mats to fit into the individual barns. Rubber is imported from the USA, Australia and Germany. We export finished product other than our domestic Canadian sales to, USA, New Zea land, Taiwan and the England all these shipments are shipped in containers. Kind Regards, Ross Graham. 56957 Hwy 3 West, Tillson burg, ON N4G 4G8 p . 866 .223.2256 I www .legendrubber .ca I info@legendrubber.ca I i i i i j j j j j j i j d I ~ <"> ,;::: r --- I i I .., i a: l "' I l ' '' ~i I 11 • I !1 ! I I I §i • ,;j I I 1 11 •! 2:: i:: a . ~ l H~ ~ "'.e ·~ . i• ~ 111 f~ 9 --3(%J§l!ii~1 Ii ,!! . j ,. i • 0, C w .U~ d i-I "'" , •• ,. ... 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I I I I ~LJ I ' I " 11 ~-~ I _---l T,l FOJN'>iCOlA">CS..COOIU !OK m.-n.till &S f ol!Olf,C~:it,~ Q tQo:Tlll!:IOIVISIIUflAl.ll.:ll- ,UOll,'IK\,DtlW WC vurCA;D!i,, u0 lllllJ1MTtllltllfi.cr$!00,,:0,CtllD'CM PIDW-"Hl>€llOIM. 0 l,Jlfll<IOOAIICl'IO'WQIT4'0b-A!(I J(!Ul l (UI (l:re,10),1 ftQ1 W,,T ... ,(I -.11 10 ■ JC.O(lf:[0 JO PL<MU. Q ,u,to,WM;SuOSl'(Cf,C,.tM.UC'41t..l01\ OlllNU...OM-,ITOI V (LOUU,C, ot--.i.r.s01K11.uf ■irn..l)&lfl( CO,,Wo,Olt-t:OOle. 0 N'.0U.-U11Sl'l:on:,.T011AM:!OICU!ll OU llll llll"°-CClloOIGlll.111'1tV,ICIO OI T,C00i:\001'$■Pilllll11'1Kl.Crol"" o:!Ol'l#OSl,O:lflll<l,O lll1PIIO.ltT,.,llGII IJaftllUCOISElilCf VCLCKlblC.li -tm.~"oKIOSSU:lfCIGDUal.11.-, ,111a-010,.W!,lne.e,,wraull(- -Plll:i:m:lli. □--..... lllt. ~~;~~:IPTION f9L 12:'i!M!BJ~,~ --- -=----__ s_ __ z _________ -s::==--::-:: ' . ~ \ ' ' ' ' ' ' ' '.Im =~-,.. : 11 : : '1 l -;;--I • ' s.-. I! : ~, l ;i ~~: ~~~j:_~"'1 i~' ''I ' '·,·---I v ~ : I· : : ,1 ~ ---,;--1 ~mJ I I \I \\; I \ "'"" -•-•-•-CIL"'IU 0:S,0,C ltM: - ~RALL KEY PIM ~ M C ENGINEERING , .......,. or )02',Q .._,._ u11. jJ \ ~ I I t' 1 -I I \ 'I ! .~~ :·!: :!:-I ,~1,,. !: :1 :-"--- • \ °"" I ~ D !I I I ~.,1· l ~ ~J;,;? i;l ~ ~-l-' I =.:...'f~• I I :--~ffi• 'l I fi ,!: ~--·~" , ~· ·~\, •• ~'1,,1;,-,' ' -~ I =..i . ~ % ~~m~AA .. MW ' ' ~-/o/ ,' ~ . . .. ~r. ~ f" ' '-. --------~/ / ITYUN(_ z ., .. Lr ~ Z .,,• ', ......... __ ./ _,/ ,-,-·-· -· I:<' '1¼ ,-....__ __,, [)H~~~.rM~v:uc I\ I \ --=--.:... ·~J C~J C~J ---:-:;;;_-------1 - I , .... / ( I If I J I I .,. ~/' "<.,,Q,p{' '-.:!,p~ ~t.~ ~,~ \___ __ \ ~ ~ ~ICUlAR CIRCULATION PLAN ~ ' f:IBr------/ i:J , ____ _ t;. £1 MC Dl~~!:!o'";..,~,=.!'al Nl1ll.\ .~";~~II) PROPOS(OINOUSTRW.. ......,,~ LEG END RUBBER INC. Falco Conslruction 569~JN~~u: r:::wP> £lCIN COUNlY, ONT. CONTACT: Ron c,anorn PHONE: 519 -688 -10~J VEHICU~~~TIONPU.>I ,.,,, .. ~--~ 7113 I ~ :-'\020 -. "°-ocv ...... ru -c. 11,·J.a .. g SP3 2 l II I I ! I 1 ! 1 1 ~ i i I I ~ I t-+++++++++--++!1---+l +! !lh-ll I I Marg Underhill From: Sent: To: Subject: Darlene Goodwin <dagoodwin@hotmail.ca> April 2, 2020 12:20 PM Marg Underhill Zoning By-law Amendment CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Re: 56957 Talbot Line Graham Estates Inc. (Legend Rubber) First of all I would like to know why there is already manufacturing being done at a location that isn't zoned for it. Second, we have chronic odour issues coming from there year round but especially during the summer when kids are out playing. This can not be safe for anyone let alone children to be breathing in as it is rubber. Third, the noise level from equipment and employees gets excessive at tim~s. They removed almost all of the sound barrier (trees) that was there when they expanded their storage. Fourth, their expansion has already caused major flooding on my property and nothing has been done to repair the issue after numerous complaints to your office, Elgin County and the Ministry of Transportation. Fifth, they have been reported to you already about their fires being excessive and at times left unattended on weekends in particular. How will this affect us? Sixth, the traffic for that location has increased drastically causing issues with highway traffic plus the trucks arrive at all hours day and night. I moved here knowing this business existed but this is getting beyond ridiculous. They have already more than doubled in size. If I wanted to be around toxins, etc I would be living in a city not in the country. I am completely against the proposed rezoning. Sincerely, Darlene Goodwin 57037 Talbot Line Sent from my iPhone FILE No. :::Sr'/!-O 1/, Q RE C'D: /J1i:z r C'1 4/, dD DATE A PPLI CAT ION CONSI D R ED CO MP LET E : ______ _ FE E RE CE IV ED $ (-;J ooo. D O M U NI C IPALI TY OF BAYH AM /fc,f IFO 3 /9' 3 8 & S ITE P L A N AP P RO V A L APPLICATIO N FORM E C E I V ED The unders igned hereby request the Municipality of Bayham to cons ider a Site Plan Contro l application pu rsuan t to Section 41 of t he Planning Act on the lands hereinafter describe d . T his MAR O 4 2020 application is accompanied by a fee of $500 ($250 fee + $250 deposit fo r properties w ith accumulative bui lding area of 150 m2 or less) OR $2000 ($1000 fee & $1000 deposit for accumulative bu ilding area 151 m2 or g reater) by cash or cheque made payable to the Municipality of Bay ham . MUNICIPALITY OF BAYHAM 1. B ACKG RO UND INFORMATIO N J a) App licant's Name ,l}t/) c'AfGhJrf·zf~ I /V<;. Li t I/!.. M-f;:i,(_1.4tl'jtp_ App licant's Mailing Address pay [_a.:,C>"Z_ 5 ~ Ph o ne# 719:'.: Vc9 6lrO Fax: ______ Ema il: {/1&1,@ /1{C.75r,U6;,<./~11v'<o , µcT b) Reg istered Ow ner (if othe r than applican t) /422 2 ~ ~# k/1/L Ow ner's Address Phone# >-If .6a8Jo'iJ Faxc;' _ _t,fSfZ l Jz/ Emai l do S;,@~E'Af<lA.&A &r!<. ,!. GA c ) Location of Subject Land ROLL #34 01-a c o· e>C/b/7 2.0D :9.11-,,>µ 1·1 Lot Number(s) _---"~...._,c.....:....:'°''--'-,_,._ _ _,_ __ Plan No . or Concession ,?O Pa rt Number(s) _______ _ Reference Plan /, ( ~ .. [_i)@z_ 911 Address (if any) _7~¼?~Cf~:~==5~-~I _TI~i\~t:... ..... 5~t~·)~'T __ L___..l,J)=.....J2"------ The s ubject land is located o n the ______ side of be tween __________ and _________ _ d ) Ex isting use of Subject property e ) Specifi c ind ication of proposed uses of land and buildings f ) g) ,/.Jzt?u W/l ~£t£ Official Plan Designation ---~},--r __ 4?~---------- Zoning By-law -Ex isting Zoning --16~-=--(_ __________ _ 2. SITE INFORMATION a) Zoning Provisions Lot Frontage Lot Depth Lot Area REQUIRED 'J-cJ t,V Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) 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 c2J (. l / Total number of off-street parking spaces existing Number of off-street parking spaces proposed (include existing & proposed) Number of off-street loading facilities existing Number of off-street loading facilities b) proposed (include existing & proposed) Proposed Building Size: Ground Floor Area of Existing Buildings(s) Ground Floor Area of Proposed Development Total Ground Floor Area (including existing & proposed) Number of Storeys proposed Building Height Proposed Total Gross Floor Area Proposed (including existing and proposed) 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL PROPOSED '2._:---z/4e i:,1,1 $'~ <-, rs.F No CA4Jl/~6 ,/J/-£;,(-/2,-6 °~.t/6 0 ________________ sq m dition to Existing Residential Buildings Yes ___ No __ Amenity and/or Ghil UNIT BREAKDOWN Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom 3. COMPLETE AS APPLICABLE: -(cont'd) a) MULTIPLE FAMILY RESIDENTIAL -(cont'd) Other Facilities provided (eg. play facilities, un swimming pool, etc.) Floor area of Unit Type 2 b) COMMERCIAL/INDU STRIAL/I NSTITUTIONAL/OPE N SPACE OR OTHER USE S (as applicable) c No. of New Buildings Proposed DA/'-/ Conversion or Addition to Exist ing Building Yes ___ No v7 Describe Gross Floor A rea (breakdown by type of use, eg. -office area , retail, storage, manufacturing area , etc .) D M C:., UJfl,4.. <i?<._ WA)U?/:li9..il ?-G Seating Capacity (for rest. or as sembly hall, etc .) ---,--=---c-----c---_ . Describe Type of Business Proposed R,~r,-.£:g_ fllk~.Je,TS, --~j4v---. A: A \:J t'D No. of Staff Proposed -Initially Z.-:0 In future (5 yrs) __ _ Open Storage Required Yes ___ No __ _ Describe type, location , and buffering (if any)------~-~~-~ ·.- Phasing if any / i.J.lc§, & ~ W,t.J.£,. Jlo.u. xi ~ ff JJ f/,A5tf: .f..11, . Describe Type of Use Proposed 1i: il•/\1!-r-Soc.1<;& ff, /J 49i ,c:...s > =1I[" oif:-pa;;,5> No. of Beds (if app licable) • ¾ r, Gross Floor Area by Type of Us e (eg. office , common rooms, storage , etc.) ____________ _ Landscaped Area ______________ sq m If res idential use proposed as part of, or accessory to commercial/industria l/open space/o th er use, please specify Type Number of Units Floor area of Uni t Type Bache lor One -Bedroom Two-Bedroom T hree-Bedroom 0· /,4 n,, /I .A c,il 7 ___, Dated this -~;LJ ......... ~~~---day of ~L!!...~~~_;1 _ t. ____ , 20 ~ Signature of Ow ner / Age nt Signat ure of Owner / Age nt I, \)t .,U ,wc..;;; (l~ of t he b~U ,JJf r of -~,....,ll_..,_')_..4'--'-/1--"-"J--.-=-~--__,[/c......=..j,,<_• ___ in the _______ of _______ _ DO SOLE MNLY DECLARE THAT: All of t he statements contained in this application are true and I make th is solemn declara ti on conscientious ly be li eving it to be t rue and kno w ing that it is of the same force and effect as if made unde r Oath and by virtue of t he Canada Evidence Act. DECLARED j:>efore me at the -fff,11 /0/?cuhjt' of (/ f1: in the (cJ r1 fy 6f -v n MARGARET UNDERHILL, a Comnilsslanol'i ote. Depc:ty Clerk of the Corporation of the l\foriicipz!i.y of .Bzy!J.a1'l, 3 I B I IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention From cc Municipality of Bayham Paul Riley, CPT William Pol, MCIP, RPP Date April 1, 2020 Project No 3404-755 Subject Graham Estates Inc. -56957 Talbot Line -Application for Zoning By-law Amendment 1 . We have completed our review of Zoning By-law amendment application submitted by Graham Estates Inc. for lands located at North Lot 17, Concession 10 and known as 56957 Talbot Line, south side and west of Green Line. The proposed amendment is to change the zoning on 2.6 ha (6.6 acres) of land from Rural Commercial (RC) and Agricultural (A 1-A) zone to site-specific Rural Industrial (M2-XX) zone to permit industrial use (rubber flooring (agricultural and automotive) manufacturing and warehousing) and to permit maximum building floor area of 8,450 m2 (90,955 ft2). The applicant proposes to build a new warehouse building with floor area of 4,065 m2 (43,755 ft2) and to replace the 863 m2 (9,289 ft2) processing building with a future warehouse and processing building with floor area of 2,129 m2 (22,916 m2). The lands are designated "Agriculture" and "Natural Heritage" on Schedule "A 1 ": Land Use and "Hazard Lands", "Significant Woodlands" and "Significant A.N.S.I." of the Official Plan of the Municipality of Bayham. The lands are zoned Agriculture (A 1-A) and Rural Commercial (RC) on Schedule "A" Map No. 2 in Zoning By-law 2456-2003. 2. The subject lands have lot frontage of 230 m (754 feet), lot depth of 345 m (1,132 feet) and lot area of 6.5 ha (16 ac). There are private sewer and water services. The driveway access to Talbot Line is unchanged. Surrounding uses are agriculture to the north and south and agriculture and residential to the east and west. There is a dwelling on either side along Talbot Line. There is a tributary of the Big Otter Creek running along the south and west of the lands, the development does not include changes to the hazard lands, significant woodlands or significant A.N.S.I. portion of the subject lands. 3. The applicant intends to build immediately a 4,065 m2 warehouse building on vacant lands to the rear of the existing processing building. The building is setback 26 m (85 feet) from the top of bank of the creek tributary. The Long Point Region Conservation Authority does not object to the setback of the new building to the hazard lands and sensitive natural features. 4. The Municipality of Bayham Official Plan directs industrial growth in the rural area to the Bayham Industrial Park for dry industrial uses, however, the subject business is wishing to expand an existing industrial business on an adequately sized parcel with dry industrial uses. The business imports, sizes, and stores rubber mats/flooring for agricultural (cattle building mats) and for the automotive sector. They rent two other warehouse locations, however, due to increasing business growth require additional storage space and can reduce truck traffic to and from the alternative storage locations. The applicant indicated that the recognition of current and future building redevelopment provides assurance and flexibility for future growth. In order to limit the extent of industrial operations in an IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham -April 1, 2020 agricultural area the zone change should limit the scale of the industrial use to the building floor area needed for existing buildings, the new warehouse building and the future building redevelopment/expansion. Official Plan Section 1.2 Purpose of the Plan is to ensure that future development and redevelopment in the Municipality of Bayham occurs in an orderly and controlled manner and that the Municipality promote and facilitate the expansion of the economy and tax base. The proposed change is consistent to the Official Plan insomuch as the scale of the development is controlled by way of maximum building floor area and by promoting economic expansion. 5. Based on a review of recent aerial and streetview photos there is significant natural landscape buffer between the dwelling to the east and the industrial use. There is a gravel area on the east side used for outside storage. The applicant indicated that part of the reason for the new warehouse building was to provide adequate indoor space for the storage materials. The applicant is also constructing a 1.8 m (5.9 ft) high opaque mesh chain link fence to screen the gravel area from the road as well as to provide more buffer to the residential use. The gravel area is proposed for parking. There is an existing chain link fence separating the industrial use from the dwelling to the west. The applicant has included adding opaque mesh to the fence to improve screening to the dwelling. In order to improve the site characteristics to reduce industrial use impacts to adjacent uses the applicant has included improved screening and eliminated outside storage use. 6. The Municipality of Bayham Zoning By-law M2 zone permits light industrial use. The lands have adequate lot frontage and yard setbacks. The maximum building floor area is recommended to limit the scale of the industrial use in the rural area by providing for current expansion while also providing for one additional future expansion. The zone change is in conformity to the Zoning By-law. 7. Based on the above review of the proposed Zoning By-law amendment we have no objection to the zone change from Rural Commercial (RC) and Agricultural (A 1-A) to site-specific Rural Industrial (M2-XX) for a maximum 8,450 m 2 building floor area. 181 GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2709-2020 GRAHAM ESTATES INC. BEING A BY-LAW TO AMEND BY-LAW No. 2456-2003, 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. 2 by changing the zoning symbol on the lands from Agriculture (A 1-A) Zone and Rural Commercial (RC) to site-specific Rural Industrial (M2-12) Zone, which lands are outlined in heavy solid lines and marked M2-12 on Schedule "A" Map No. 2 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 21.1 O Exceptions -Rural Industrial (M2) Zone by adding the following clauses: 21.10.12.1 21.10.12.2 21.10.12.1 Defined Area M2-12 as shown on Schedule "A" Map No. 2 to this By-law. Permitted Uses Rubber flooring (agricultural and automotive) manufacturing and warehousing Maximum Building Floor Area 8,450 m2 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 Ontario Municipal Board. READ A FIRST TIME AND SECOND TIME THIS 11TH DAY OF MAY 2020. READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF MAY 2020. MAYOR CLERK 6 z 0. <( :E ~ ..J ::::, C UJ :;: <.) if) UJ w <I) I -' LOT 18 This is Schedule "A" to By-law No. Z709-2020, passed the day of , 2020 Mayor Clerk J MUNICIPALITY OF BAYHAM SCHEDULE A MAP No. 2 '_OT 12 ZONING BY-LAW 2456-2003 UPDATED JANUARY 16, 2020 C;)Nl I LOT 13 LOT ll ;-::_ ·-~ ('(;"\ >""' ,., ~ . .., .... ..,_, ~ ~1 / r-··:, / \ { I " \,, ,/ !5-... .., ~ i ",-- \ ) LOT 16 i \ EDENi.IN~----'-- SEE SCHEDULE A -MAP No. 5 Legend l::::J Specific Policy Area No. 1 (See Official Plan Section 3.3.1) f :::' LPRCA Regulation Limit LOT 17 ,.,) / LOT 18 230 0 z ll. < :;; < w ...J :, c:, w :,: u "' UJ UJ <J) SEE SCHEDULE A-MAP No. S .... NORTH 460 Melres 920 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-047 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN GRAHAM ESTATES INC. 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 Graham Estates Inc. 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 Graham Estates Inc. 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 11 th day of May 2020. READ A THIRD TIME AND FINALLY PASSED this 11 th day of May 2020. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2020-047 SITE PLAN CONTROL AGREEMENT GRAHAM ESTATES INC. (LEGEND RUBBER) AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Part Lot 17, Concession 10, Bayham 2 This SITE PLAN AGREEMENT made in duplicate this 11 th day of May 2020. BETWEEN: GRAHAM ESTATES INC. {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 17, Concession 10 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 Attachments "B1'' "B2" B3" and "B4" 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 as per Section 41 of the Planning Act; 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 Attachment "B1" -Site Plan & Vehicular Circulation Plan Attachment "B2" -Site Grading and Servicing Plan Attachment "B3" -Details and Vehicular Circulation Plan Attachment "B4" -Concept Future Site Plan (For Information Only) Attachment "C" -Certificate of Compliance. 3 3. The Parties agree and acknowledge that Attachment "A" (Lands) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachments "B1" "B2" "B3" "B4" 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 Attachments "B1'' "B2" "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B2" ("Site 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 "B2" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: 4 (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 "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 "B1'' 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. U) 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 5 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 Long Point Region Conservation Authority, Ministry of Transportation and the Ministry of the Environment, Conservation & Parks. 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 for the Municipality of Bayham and the Ontario Building Code. 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 6 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. 7 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 "B1" "B2" "B3" 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 Agreement preparation expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred and Fifty Dollars and Zero Cents ($250.00). 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 $NIL 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 May 11, 2021, one year from approval. The Parties agree that it is a responsibility of the Owner to arrange for completion of the 8 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 Plans and Site Servicing Plans, attached as Attachments "81" "82" "83", 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" "81'' "82" and "83" 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. 2016-04 7, 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 pied as an estoppel as against the Owner in any such case. 9 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. Registration must be completed prior to the issuance of a building permit. 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 Witness I have authority to bind the Company Ross Graham, Owner ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) Mayor ) ) ) Clerk We have authority to bind the Corporation ATTACHMENT "A" LANDS DESCRIPTION Property Roll# 3401-000-006-15200 and #3401-000-006-15100 Municipal Address: 56957 Talbot Line Legal Description: Concession 10 North Part Lot 17, Municipality of Bayham, County of Elgin PIN# _____________ _ 10 I I / I (',') ~ l' & ~ ~ i' ,J ~ I--. ~ ~ ~--~ t1 I ~~ lm(MJN) /='~1:.:::i (,, ,·- ~~r-■ 1--"--"'--".J ---- ~ § I , ii ' ~ ' %(0 ![ I d- r--=-re·1 :i°i.!:" ---,, ' ; , .,m,.Mwm I 'I--,--, O.hlOHC-l'PU, t TOIM.(1-l'UfOll.lJU>) 0'\ _lYPICAL PROPOSED EARTH BERij SECTI ON ~ @ !;;· SWALE SECTION ~@!"-~, -- • ·t•:1.' ' -,---L~ ' HCTlOHA•A NOrt: ··-----ft----- HEAVY-DUTY SILT FENCE BARRIER = Zi_~o:Oci:-'100:-:~ f 'fflllJ.hXU,,.XIJ,,,,.-o.lMSlOC G"i___Q_RYWELL DETAIL ~ THE II N G'S HIGHI A Y XO. :~~=~~-~~"".::•: ~ :.~: =~:· 0-~~fi,J;.) ,,.,:_~ :=:~:r=:~-~--~~~~':;.~-~~:~%;~=~T~~= ,.----,..-"j_r.-1. ', I I ~ ----· 0:1:v,, ---I ', --/ ' -lJ~----,,,,_,. , -'I x ·1, , J ' • -----.-t } ·:---. ------------·-' /~ : , ! I \ \ ,--••• _..,,., •• .,__>, ',, : o ~ 11 / \ · \ --,, ' \ ic G / ·'f-..-.':~----;,;;:.:_--,, ,-7 -: ® lYP . LIGHT Dl/TY ASPHALT DETAIL ® ;Y,.;· HEAW-Dl/lY GRAVEL DETAIL lm~ i I? i ! i ';\ ~ SPl .-~ SPl 1 7 • ·-·•/,/ : i : : i ;' i 1 i ~ : •i : : i ,: -', ~-· ' \ ' ' @I [:fl-' ,, : • , I. 1/':;...;-~~ "'\':'J'r...,,.M ------------------~ ' u..' I! : ,t; 11! ~r~., ,~, ,c,HMll-05 ---------'" ""'' '""" " • ' · • ' , l/ 1;-= I r u,or "" ~ \ \ ! : : ' ~ --I . ·--?Sa • i ,:;,f -. \ I ' i : ! : --I W////hl«~ ..... ----. ,.:;.-. . -. . .,,_.. I ij. . . . '\ ':''1//i.'f..,-1/!L& II['~ .7 ---, . .:ljl ~-\ \ . I ! : : I: ~~~-do ;.·, ~r?;-·;:· • . . . s:-.-. . . . . • ""' . ,._.. I I I .i.,, I ~-~ -• ' .. ;:,,,;~•i?1/l~~ll li-"'-·(J ••.'/~~',J!fh~fl· ,,.$, i ·, i ,.r----== -\ \~.,~ ,. } : -~~ -- ,.~'•t;''''!i,,,,.;m, l. ... ' ... ,. . ,J.F-I ', ',.,.,. ~),'.i • =•-· -~ 'il' \;Ii • ,,.{fj,.. 't---...... -· _., I?,, "'::'~"'l"'...:.~;:ll~ :/'' .':::--~• I ·-· --------' ·~:I l:"=!J-- CEJ --T -- ---t-- --+--__ J._!t' --+----T -- V'' ~Q__VERALL KEY P~ ~ M C ENGINEERING • -(II :1m1.1 -.11o. ua. """" I ·1 I ,--'\ \ . "',b ", , .. ..,. -e, 0 / ., ,. "~ ~'t,i, '-!~ ~ ' \ ~.,: ~ICULAIR CIRCUlATION PLAN ~ ---t----+--__ J. __ --==~== ------i=---+---:-;:;;_----1=== =-±~= ~-== ==i=-----ir.~-+-- ---1.--\_-=-=-.:=- ' 1Si3T-----'"O , ____ _ t:. 0 nc-1Una,..crur.a-.o u ,...i:rfltl>t(alllll<lmllf,lHU, o~:~S= O>lll-...cl'lrflll1•111S"'1 ....... j(IM.flll ___ lMIMID -• ... lll'Cllltl N P.-U. OL5~~~;i,;;; :I"~':':,:=,. )it C DICIMIEUN11'.0. ... _,,.,,_CM.•ffllU lttA~~~:I PROf'OS[DN'.IIJStRW.. IIUl.OIHC FOR LEGEND RUBBER INC . Falco Cons lr uction 5H57 TA1.80T UH( (tnlfl'. #:1) WHICIPAUTY 0£ SATIWol ElCIN COUHTY, ONT. CONTACT: Ren Orol'lom PHON[: 511 -184 -104.l VEH~~~llONPUJ( --~ ::-R.Y./C.8. 71 13 .., l.l.(.W. --..... , Ml" JAlt.lOlO iu"""' 11 ,i ... 0 SP3 4 I I ' !'! 'I! ~ I ~ n ~ ! : (§, i~ "' .~ L' ~! "' iid j ~ z q ;;.~i ~i ;; Ii 7:§ s~ ~H ~. E!~ ~~ !£ ~a ~~! ~; J~i1 11• "' : if ~! 5~ ~ ~ z 'h (..) ,-, ~ . ! 12 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 Ross Graham Address of Owner (Mailing) Telephone Number TO: FROM: DATE: REPORT: SUBJECT: REPORT DEVELOPMENT SERVICES Mayor & Members of Council Margaret Underhill, Deputy Clerk/Planning Coordinator May 11, 2020 DS-38/20 FILE NO. C-07 / D13.Hermann Roll # 3401-000-4-06100 Split E83-85/19 Rezoning Application -Hermann Zoning By-law 2708 -2020 BACKGROUND: Susan and Manfred Hermann have submitted a rezoning application to rezone a portion of their property described as Concession 6 STR Lot 129 known municipally as 57237 Heritage Line, subject to consent applications E83/19 , E84/19 and E85/19. The original public meeting scheduled for April 16, 2020 was cancelled. Reissued notification was circulated on April 20, 2020 for a public meeting to be held May 11, 2020 . At the time of writing this report no public written comments have been received . The purpose of this By-law is an amendment to change the zoning regulations on 0.09 m2 (1.0 ft2) of land from Rural Residential (RR) to Special Agriculture (A2); to change the zoning regulations on 1,574 m2 (0 .3 acres) of land and from Special Agricultural (A2) to Rural Residential (RR); and to change the zoning regulations on 10.9 ha (27 acres) of land from Special Agricultural (A2) to Agricultural (A 1-A) in Zon ing By-law Z456-2003 . The subject lands are located at Lot 129, Concession S.T.R, known municipally as 57237 Heritage Line, south side , east of Toll Gate Road. The effect of this By-law will be to fulfill conditions of consent , applications E83/19, E84/19 and E85/19, for zone change for two lot additions , one for technical severance of "1 foot by 1 foot " from the RR lands to the A2 lands and a second for residential lot addition from the A2 lands to the RR lands, consistent to the addition lands ; and severance of the farm parcel to zone a portion of the retained lands consistent to the remainder of the retained lands . DISCUSSION The application provides for the rezoning of the three portions subject to the consent applications and meets the zoning requirements. Staff and planner are supportive of the purpose and effect of the zoning amendments to satisfy Staff Report DS-38/20 Hermann the conditions of the consent applications and recommend by-law approval. ATTACHMENTS: 1. Rezoning Application March 16, 2020 -deemed complete on March 27, 2020 2. Draft Zoning By-law 2708-2020 RECOMMENDATION THAT Report DS-38/20 regarding the Hermann 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 May 11, 2020 associated with this application, there were no written submissions and no oral presentations opposing this matter and that all considerations were taken into account in Council's decision passing this resolution; 2 AND THAT Zoning By-law 2456-2003, as amended, be further amended by changing the zoning on the lands owned by Susan and Manfred Hermann identified as Concession 6 STR Lot 129 from Rural Residential (RR) Zone to Special Agricultural (A2) Zone and lands from Special Agricultural (A2) Zone to Rural Residential (RR) Zone and lands from Special Agricultural (A2) Zone to Agricultural (A1-A) Zone as per Consent Applications E83/19, E84/19 and E85/19; AND THAT Zoning By-law 2708-2020 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: /~M MargarelJnderhm Deputy ClerkJPlanning Coordinator MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 Straffordville, ON N0J 1Y0 Phone (519) 866-5521 ~ Fax (519) 866-3884 RECEIVED MAR 1 6 2020 APPLICATION FOR AMENDMENT TO THE ZONING BY-LA CIPALITY OF BAYHAM THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000 (Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500 (Temporary Use Zoning By-law Renewal} or $1500 (Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, Susan Hermann and Manfred Hermann shall assume responsibility for any add itional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. FOR OFFICE USE ONLY DATE RECEIVED: /lla,r /@ /JO AMOUNT RECEIVED: c;9000 0-0 DEEMED COMPLETE: fYlo rd 7 /go RECEIPT#: 3/9fS-3 FILE NO:<'J) /3 · f/£7~rr> DATE ADOPTED BY COUNCIL: I Mun icipal ity of Bayham Zon ing By-la w Amendment Appl icatio n Page2 1. Registered Owner's Name(s): Susan Hermann and Manfred Hermann Address: 57009 Heritage Line , Straffordville , ON N0J 1 YO Phone No . (Home): 519-866-3764 Business : ____________ _ Fax: ___________ Ema il: _________________ _ Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. none 2 . Applicant / Au t horized Agent: David Roe . Civic P lanning Solution s Inc . Address : 599 Larch Street, Delhi , ON N4B 3A7 Phone No .: 519-5 82-1174 Fax: E-mail : ci v icplann ingsolutions@nor -de! .com Please specify to whom all communications should be sent: Reg istered Owner ( ) Applicant/ Au t hori z ed Agent (x ) 3. Legal Descript ion of the land for which the amendment is reques ted Roi I # 34 01000004 061 00000 Concession : 6 STR Lot: 129 ---------------------------- Reference Plan No : __________ Pa rt Lot: Street and Mu nicipal Address No .: 57237 Herita ge Lin e ---------------------- What is the size of property which is subject to this Application? 2 pa rcels se e s ketc hes Area: _______ m_2_ Frontage : _________ m_ Dept h: m When were the subject lands purchased by the current owner? ----------- Municipality of Bayham Zoning By-law Amendment Application Page 3 AS Amended 4. Existing Official Plan Designation: Agricultura l ---------------------- How does the application conform to the Official Plan? #1 boundary adjustment severance #2 farm spli t seve ran ce #3 technical severance 5. Existing Zoning By-law Classification: A2 --------------------- What are the current uses of the subject lands? #1 boundary adjustment severance to be rezoned RR #3 1 ftx1 ft parcel severance to be rezoned A2 #2 farm split severance portion to be rezoned A 1-A If known, provide the length of time these uses have continued on this property . If there are any existing buildings or structures on the subject lands provide the following information: Type Lands being rezon ed are presently vacan t Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height If known, provide the dates in which each of these buildings were constructed. Dimension s 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended . #1 boundary adj ustment severance to be rezoned RR to match parcel to be enlarged #2 farm spl it severance portion to be rezoned A1-A t o zoning on retained parcel Mun icipa li ty of Bayham Zoning By-law Amendment App lication Page4 7. Why is the rezoning being requested? To satisfy severance conditions 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes/ No adjustment of a settlement area? no ----- If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. no 9. Does the proposed amendment remove land from an area of employment? Yes I No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e . permitted uses, buildings or structures to be erected. Be Specific) nothing new proposed For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height Dimensions Municipality of Bayham Zoning By-law Amendment Application Pages 11. Services existing or proposed for the subject lands: Please indicate with a ✓ no services existing or proposed Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( Private Drilled Well ) ) Private Dug Well ) ) Communal Well ( ) Lake or other Surface Water Body ( ( ) Other ( ) ( ) no services existing or proposed 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: no changes anticipated Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page6 12. How will the property be accessed? Provincial Highway ( ) County Road ( x Municipal Road -maintained all year ( ) Municipal Road-seasonally maintained ( Right-of-way ( Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( x ) Zoning By-law Amendment ( Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. E84/19 and E85/19 approved February 28, 2020 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? #1 boundary adjustment severance #2 farm split severance permitted by PPS 15. Are the subject lands within area designated under any Provincial Plan(s)? lfthe answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 16. 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 Southwestern Public Health, 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 17. 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. 18. Additional Information as required by Council Murncipality of Bayham Zoning By-law Amendment Application Page 8 19. 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 rol! number, location, and zoning of the farm parcel ,,vith which the subject lands are being consolidated Roll# 34 -01 - 911 Address: Zoning Classification: I/We, Susan Hermann and Manfred Hermann , of the Municipality of Bayham , in the County of Elgin , do solemnly declare: --------- (i) that !/We am/are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint David Roe . Civic Planning Solutions Inc. to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s): ~,Le·_· ..... ~-... -'---'--'--_......_,,~_-_·,,...L_=::◄:::==~/---------. 'l t And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence :::LARED BEFORE ME at the: ~ ..._,,_,t.,..------~ 17 Municipality Bayham eAgent in the County/Region of Elgin this -~----- day of March 20 20 ---------~-- Owner I Agent 1 ~EL G IN ' ·1Al'f'II% ', ' ., ._,. I ,---,---,----,-------,,r------,-----rr ---,--;__,.___ ' ----• ~ -f--~"~~? -I " ' "' ~~'4F? ----,,;;. -;; " I ,;',/" __ ,.. ..... -~-:1.r ~' .,;.~...?1,..., ...-.; .... , .-:•· jl . ,r · .. --J 1:-;;--:.~,.,::~cr -· t ----$\ __..,:;::,:; -~,;,? --· ,rj--;.:-e,-· -' -,-. . "'.,., ~ -~ ,,)J ~ llOm ------__,----------1 I Legend ·---[I n ~ezo n'e td RR Rez'b ne to Al-A I .. :o: ,:i ( .,I'•:: .•)': ;_-: r--- -----~------•-----~-~---~ A2 ~- ... :,· >_; ~---"'~ 27~c Al -A I ~94!25m ,,,..,,. • ,I : ;~: I .. v t i:: 1---~----- • ,:1 T , ~ .,.,...------·-· .. 1 · ,·, ............ J ____ J __ _ ~-----r-J ______ ,. __ .,_,_------- M 0 WGS __ 198'1 _ W c b _Mcrcator_Auxilimy .. Sphcrc © Lati tu d e Geog rap hies Group I.tel. I 0 .'16 _, 0.9 Kil onwt.crs ~I --.,..-,-=-.11-8~~----- ~""'":!-...r~~~--('-="'=~ yi!t>!"J.~.,.... ...... __ ,,,,,,,,,._;t-".•"' .,..,&-~'''\'' 11 •. :, I 1 • "•1 •--~"" \"_J I 1: 18,056 0 This 111<1p ,s n u~e 1 ~.1 c•1lt11t11e,J Slt1 t1c outpu l horn i1n Intern et 1nnppio~.J $1te :u1d 1s lu1 rc:li::1en c.e only. Dt1t,1 l:Jyl•f:-. 1h11t tlPPPrll 0 11 ll'li s in ap 111,w or m:1y no 1 b.::! ,·1ccur;.1 1c, f ur rr.nl, 1.11 01he1\·1i!;<: rd iJl.1 !c TH IS MAP IS NOT TO llf: usrn FOR N A VI GATIO N 0 Elg in Pa rcels Cl Lo t Li nes l'"1 t .... Boun dary -Elgin !'l oad Ne twork = Elgin Ro ad Ne twork Elg in Ro ad Ne twork Notes FILE It E 8 4/19 As Amended I' srJI' ,,_Gs 35) uNf f>-S No'l'JN No• .,.,-y._. f<Op,..O il1·:,) :I' r.o"'o out1-rl ,,,,•'°~~ ,/ , 60 cc p.1 .l'I · 1.:11,0"°"' "~ \~v Rezone from RR to A'2/; ~so Mm ill-'' s _..O ,o _..1,11 ,,. .,), ',\Z ,r,11 ~ -,f:>.J.,• l \-l-.J p\J-'" '/. b(\ p.\ .. '' ,- pf>.V<' \1rr11~ i cV'o& 3 pP.IZ'j ~~ "' \'l, ij) t, /0; 0 0~ !, '8,, <' A2 \' ,'67-. <')~ \___.. ~ ·o'° __...-..,rt,t\ 'l~ i,>_..--·rt''' I e:~~'i,)t;9,~JJ1) RR 1 )1,1fl),I' t.a plu: tff'(((1 2~72.7"12 (0.(jl 1,,,. ~'\!-I;, LOI 10 t,c Clll(>ll)C -•!> .. . RETIIIN ~ \ 11 ,1 1 "':~ c~\'l ~i-00~ \J~~ '3J)J.'1,,J.· -,_:;, ~ ,1JJI ;/:>·' /JJJJ. ,I -p .\,1"' Rezone from A2 to RR (/·-~r;; 5\\;, }\_"'w_ ) '----6i ·--· ~Yc\J'0 __ . ~~.,,,1.,0 (,,.Z~ >-~\ :-,0 • ( c.\\..O l nl:TI\IN , gst1 cv--> ~ ~iJ!~~ l'IETIIIN A2 ~ r,.. A2 «, C) ' ' '< -\ Hermann Rezoning FILE // E 85 /1 9 .--{:z\_...,_ ,,,, •JIVNJC1f'AUN IJF" 11/0'IWJa ,re..,, 1,1.u~;w::;:_efl.'.'Jt,:-0 1~ nr. -t ,~~ 971.75'1m SKFJCfl 'fO ILLUSIRATE PROPOSEO SEVEIWICE LOT 129. CONCESSION 5.T.R. · (I.IJlt;.....,4':)'ll,""""1"1.6""-"'° .,,. LIUHICtPAUNOf'MY11.Ut COU!U"t Cf-' (l.t,IN ,,., -~ ~ ..-----------------=-·•"'',---------------,.,..,.;----------------------v ··,·r •·••· .. , {• ~•,t \·~ ,.Aiff>f• ,..,.,,. r,,1,mVNJ '..,"""tolf ·:;1, ~\ •~/.,.a \~ " w•os ro m: StvOtO> • --· ,..,,'.J, '•., :} \:1 \ -~ .:,t _:i , ....... , ·; t\ \\ \ ~-·· \. <.~:r:-~, .:·:t.·. , .. \.. .. -'·r··,,.·, :l' -,~ 41.95m .. (101i.,1\,;;\ ·<· ·,. ,,:; ., ~ \ .. .. ;::•>·''\' \\~~--; .. >., ,,:-_ \ ... \\••i., t~ i 'Ci: t', }\\·t, "\\'\ \;~~ '(• 3'16.43rn 74.9m: .,, 1:,, " , ", .:"\ \t,,1, Rezone from A'\o R~, < A2 o, ,. .. ,. ' ; .,,. \ l 994.25m 27 acres Lo< Lioo bot~•" \ / /. Lot 129 and 130 / .-..L-...--..-~~l --~ A1·A , ., .• , .. CJ 1' CJ . () ~\ '\\ 177 . ~n9.t' ... t2.t'.=..t=.~·:u;:~~ .... ,i:,,m, .. ,,,,.~ =~•-"."f1~~~;,:,::r..=.• .. ,-.1 '------· _____ '\ __ ,,_ ----"~'"--, .. ,. Callon~Dietz otrfJJ1lO "tZ:a•;,,dff'f<'ICYOitS \(.Mll.tll'"IIN'<O ,~t;;-1-t.;1:..-1. r:: \.','~1,::~:~~-•hl •i,:~::-~: AFFIDAVIT OF EXECUTION I, Maryann Balazs of the Town ofTillsonburg, in the County of Oxford, and 1, Kate Hawley of the Town ofTillsonburg, in the County of Oxford, MAKE OATH AND SAY/AFFIRM- 1. On January 3rd, 2017, we were both present at the same time and saw the attached power of attorney executed by Manfred Otto Hermann and we signed the document in the grantor's presence as attesting witnesses. 2. At the time we witnessed the execution of the power of attorney we were both eighteen years of age or older. 3. We have no reason to believe that the grantor is incapable of giving a power of attorney. 4. We are not: (a) the attorney(s) named in this power of attorney nor a spouse or partner of the named attorney(s); (b) a spouse or partner of the grantor; (c) a child of the grantor or a person whom the grantor has demonstrated a settled intention to treat as his or her child; or (d) a person whose property is under guardianship or who has a guardian of the person. SWORN I AFFIRMED by the above-mentioned deponents before me at the Town ofTillsonburg, CONTINUING POWER OF ATTORNEY FOR PROPERTY -(SHORT FORM) (PAGE 1 OF 3) Amended APRIL 1995 CONTINUING POWER OF ATTORNEY FOR PROPERTY --(SHORT FORM) THIS CONTINUING POWER OF ATTORNEY FOR PROPERTY is given by MANFRED OTTO HERMANN of the Municipality of Bayham, in the County of Elgin APPOINTMENT 1. I APPOINT my spouse, SUSAN ISABEL HERMANN to be my attorney(s) for property, and I authorize my attorney(s) to do, on my behalf, any and all acts, which I could do if capable, except make a will, subject to any conditions and restrictions contained herein. My attorriey(s) shall have the authority to act as my litigation guardian, if one is required to commence, continue, defend or represent me in any court proceeding. SUBSTITUTION 2. If the above appointed attorney(s) refuse(s) to act, or is or are unable to act by reason of death, court removal, becoming incapacitated or resignation, I SUBSTITUTE AND APPOINT TOBI ERIKA SIEW AND KEITH CLARKE HERMANN,jointly If the above appointed attorney(s) refuse(s) to act, or is or are unable to act by reason of death, court removal, becoming incapacitated or resignation, I SUBSTITUTE AND APPOINT my son, MANFRED STEPHEN HERMANN AND JAMES RAYMOND MORGAN, jointly to act as my attorney(s) for my property, in the place of any attorney(s) appointed in paragraph 1 hereof who refuse(s) or is or are unable to act. The substituted attorney(s) shall, if able and willing to act, thereafter be my attorney(s) for property, together with any attorney appointed in paragraph 1 hereof who is able and willing to act and I authorize him, her, or them thereafter to do, on my behalf, any and all acts which I could do, if capable, except make a will, subject to any conditions and restrictions contained herein. CONTINUING POWER OF ATTORNEY FOR PROPERTY -(SHORT FORM) (PAGE2OF3) -2- CONTINUING POWER Amended APRIL 1995 ·3. It is my intention and I so authorize my attorney(s) that this authority shall be exercised immediately pursuant to sections 7 and 14 of the Substitute Decisions Act FAMILY LAW ACT CONSENT 4. If my spouse disposes of or encumbers any interest in a matrimonial home in which I have a right to possession under Part II of the Family Law Act, I authorize the attorney(s) named in this power ofattorney for me and in my name to consent to the transaction as provided for in clause 21 (1)(a) of the said.Act. 5. CONDITIONS AND RESTRICTIONS NIL EFFECTIVE DATE 6. This continuing power of attorney for property comes into effect as of the date of execution set out below. CONTINUING POWER OF ATTORNEY FOR PROPERlY -(SHORT FORM) (PAGE30F 3) -3- REVOCATION Amended APRIL 1995 7. Any prior power of attorney for property or any power of attorney which affects my property given by me, except a power of attorney given to a bank or financial institution for the purpose of transacting my business with that bank or financial institution, is hereby revoked. COMPENSATION 8. My attorney(s) may take compensation out of my property for any work done in connection with this continuing power of attorney for property by him, her, or them, in accordance with the prescribed fee scale established pursuant to sections 40(1) and 90 of the Substitute Decisions Act for the compensation of attorneys under a continuing power of attorney. Executed at Tillsonburg, Ontario this 3rd day of January, 2017, in the presence of both witnesses, each present at the same time. Maryann Balazs Print name 65 Bidwell Street Tillsonburg, ON N4G 3T8 Print name 65 Bidwell Street Tillsonburg, ON N4G 3T8 ) ) ) ) ) ) ) ) ) ) 1-~,.~F,,-'R'l---"d-0-tto_Hi_i;;7n---=n r-~-- ) ~ ) ) ) NOTARIAL CERTIFICATE OF TRUE COPY· SHORT FORM CANADA ) Province of Ontario ) To Wit ) To all whom these Presents may come, be seen or known I, JAMES RAYMOND MORGAN a Notary Public, in and for the Province of Ontario, by Royal Authority duly appointed, residing at the Town of Tillsonburg, in the County of Oxford, in said Province, Do Certify and Attest that the paper-writing hereto annexed is a true copy of a document produced and shown to me and purporting to be the original CONTINUING POWER OF ATTORNEY FOR PROPERTY dated the 3rd day of January, 2019 of MANFREiD OTTO HERMANN. The said copy having been compared by me with the said original document, an act whereof being requested I have granted under my Notarial Form and Seal of Office to serve and avail as occasion shall -or may require. In Testimony Whereof I have hereto subscribed my name and affixed my Notarial Seal of Office at the Town of Tillsonburg, in the County of Oxford, Province of Ontario, this 24th day of July, 2019. A Notary Public in and for the Province of Ontario THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2708-2020 HERMANN BEING A BY-LAW TO AMEND BY-LAW No. 2456-2003, 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. 9 by changing the zoning symbol on the lands from Rural Residential (RR) Zone to Special Agricultural (A2) Zone, which lands are outlined in heavy solid lines and marked A2 on Schedule "A" Map No. 9 to this By-law, which schedule is attached to and forms part of this By-law; AND THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 9 by changing the zoning symbol on the lands from Special Agricultural (A2) Zone to Rural Residential (RR) Zone, which lands are outlined in heavy solid lines and marked RR on Schedule "A" Map No. 9 to this By-law, which schedule is attached to and forms part of this By-law; AND THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 9 by changing the zoning symbol on the lands from Special Agricultural (A2) Zone to Agricultural (A 1-A) Zone, which lands are outlined in heavy solid lines and marked A1-A on Schedule "A" Map No. 9 to this By-law, which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 11rH DAY OF MAY 2020. READ A THIRD TIME AND FINALLY PASSED THIS 11rH DAY OF MAY 2020. MAYOR CLERK "' d z 0. ~ <( !lJ J ::, C !lJ :r: ~ w w <I) ~ ~ LO_T 127 i \ ~ LOT 12 LOT 128 ~ ··~' ~ This is Schedule "A" to By-law No, Z708-2020, passed the day of , 2020 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE A MAP No. 9 SEE SCHEDULE A-MAP No. 6 ),OT 131 'I f I j \ <. LOT 22 HJlRlTAGEJJl'I~ _,_..,__..-r , LOT 133 LOT 134 LOT,135 LOT 132 SOUTH OF TALBOT _ROAD EAST ' . i / / LOT 24 !. , cdN 'f, J.9TZl,i ('~. ··-' SEE SCHEDULE A· MAP No. 12 Legend '. :_, LPRCA Regulation Limit ZONING BY-LAW 2456-2003 UPDATED JANUARY 16, 2020 LOT• 136 LOT 28 ,., NORTH 200 400 800 Metres TO: FROM: DATE: REPORT: SUBJECT: REPORT DEVELOPMENT SERVICES Mayor & Members of Council Margaret Underhill, Deputy Clerk/Planning Coordinator May 11 , 2020 DS-39/20 FILE NO. C-07 / D13.LPRCA/D1 0.LPRCA Roll # 3401-002-001-39900 Rezoning Application -Long Point Region Conservation Authority Zoning By-law 2710-2020 Si t e Plan Agreement -Long Point Region Conservation Authority By-law 2020-048 Development Agreement -Long Point Region Conservation Authority By-law 2020-049 BACKGROUND: Long Point Region Conservation Authority (LPRCA) with Darryl Propper and Deb Barry have submitted a rezo n ing application to rezone lands currently owned by the Long Point Region Conservation Aut hority (LPRCA) located in Part Lot 11 & 12, Concession 1 and known as the Big Otter Marina & Campground at 5 Bridge Street, Port Burwell. The original publ ic meeting scheduled for April 16, 2020 was cancelled. Reissued notification was circulated on Apri l 20 , 2020 for a public meeting to be held May 11 , 2020. At the time of writing this repo rt no public written comments have been received. The purpose of t h is By-law is to change the zoning on 7 .8 ha (19.3 acres) of land from a Village Commercial (C3), hold ing Village Commercial (C3(h2)) and Open Space 1 (OS1) zone to a site- specific Tourist Commercial (C3-1) Zone to permit travel trailer park, campground and marina use; to permit a maximum of forty-seven (47) travel trailer sites, twenty (20) seasonal travel trailer sites and twenty-four (24) day use camp sites; to permit partial reduced rear yard setback of 1.0 m (3.2 feet ) whe re 10 .0 m (32.8 feet) is the required minimum ; to permit zero (0) side yard setback (south) where 4 .5 m (14 .7 feet) is the required minimum ; and , to permit an existing boathouse buildi ng located on both the subject lands and the adjacent marina lands , in Zoning By-law Z456-2003. The subject lands are located at 5 Bridge Street, north side , west of Robinson Street. The effect of this By-law will be to recognize the existing uses of the subject lands and existing Staff Report DS-39/20 LPRCA Big Otter Marina 2 non-conforming setbacks (south side yard and rear) and encroaching boathouse building (on the subject lands and adjoining unpatented lands forming part of the marina use) as part of redevelopment/expansion with an additional 47 new permanent, but used seasonally, travel trailer sites and relocating existing semi-permanent seasonal travel trailer park sites and holding tanks outside of the flood zone. DISCUSSION The application provides for the site-specific rezoning of the lands to accommodate the existing recreational marina and campground with expansion of the seasonal campground to the elevated area on the north side of the property. The planner's memorandum dated April 7, 2020 provides a complete analysis of the application. The property is subject to site plan control and the Site Plan Agreement is attached for Council's review. The Agreement is the standard agreement used for site plan with the details and drawings unique to the property as attachments. The site plan agreement is required to be registered on title to the lands. In addition, staff recommends the municipality enter in to a development agreement with the landowner for the site development and specific operations of the marina and campground. Staff and planner are supportive of the purpose and effect of the zoning amendments with the accompanying draft site plan agreement and development agreeement. ATTACHMENTS: 1. Rezoning Application March 16/20 (amended March 26/20) -deemed complete on March 27/20 2. Site Plan Application March 26/20 3. IBI Memorandum Dated April 7/20 4. Draft Zoning By-law Z710-2020 5. Draft Site Plan Agreement authorizing By-law 2020-048 6. Draft Development Agreement authorizing By-law 2020-049 RECOMMENDATION THAT Report DS-39/20 regarding the Long Point Region Conservation Authority rezoning application, site plan and development agreements 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 May 11, 2020 associated with this application, there were no written submissions regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law 2456-2003, as amended, be further amended by changing the zoning on the lands owned by Long Point Region Conservation Authority identified as Concession 1 Part Lot 11 & 12, from Tourist Commercial (C3), holding Tourist Commercial (C3(h2)) and Open Space 1 (OS1) to site-specific Tourist Commercial (C3-1) Zone to permit the expansion of the Big Otter Marina and Staff Report D5-39 /20 LP RCA Big Otter Marina Campgroun d on t he Long Point Region Conservation Authority lands; AND THAT Zoning B y-law 2710-2020 be presented to Council for enactment; AND THAT By-law No. 2020-048 being a By-law to authorize the execution of a Site Plan Agreement between Long Point Region Conservation Authority and the Municipality of Bayh am for development at the property known as 5 Bridge Street Port Burwell be presented to Council for enactment; AND THAT By-l aw 2020-049 being a By-law to authorize the execution of a Deve l opment Agree ment between Long Point Region Conservation Authority and the Municipality of Bay h am for development at the property known as 5 Bridge Street Port Burwell be presented to Council for enactment; 3 AND THAT St aff be authorized to revise the Agreements, if necessary, in consultation with the LPRCA to f aci l itate the execution of the Agreements. Respectfully Sub mi tted by : Reviewed by: ~ Deputy ClerklPlanning Coordinator MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 Straffordville, ON N0J 1Y0 Phone (519) 866-5521 ~ Fax (519) 866-3884 APP LI CATION FOR AMENDMENT TO THE ZONING BY-LA THE MUNICIPALITY OF BAYHAM RECEIVED MAR 2 6 2020 /1;-n (;l'V /::, &--f.) ICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should · retain one copy for their records. The information in thi s form must be complet~d in full. This mandatory information must be provided with a fee o f $2,000 (Zoning By-law Amendment or Temporary Use Zoning By-Jaw) or $1500 (Temporary Use Zoning By-Jaw Renewal) or $1500 (Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, {)ac, j / ,9 ,:o ~ shall assume responsibUity for any addition costs e}(cfueding the deposited amount related to the said application and understand a nd agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered . Property Ow ner Property Owner FOR OFFICE USE ONLY /frr10J Def> /1/4 t; /t_ DATE RECEIVED: 'tJ r;; Jo AMOUNT RECEIVED: ,3000 ..-z> cJ,r:?'-G- DEEMED COMPLETE: /r!a r J. 7 /Jo RECEIPT#: {)3 J &/UO Jan 31 /,;J.o FILE No: vi 3 . 130-rreK.. DATE ADOPTED BY COUNCIL: itl3Ltc /?1a:=-'?"1V<f-: ,0:,r 16/do /f£'1h;t7 /b U,vr-rCI~ ; RcviscdMarch2017 Municipality of Bayham Zoning By-law Amendment Application 1. Registered Owner's Name(s): Address: Page2 Phone No. (Home): _______ Business: -=Si:....:..l _._,_--=-1 ~....:..:l.=--<f-=-l=-4...a..,:_2 ____ _ 2. Fax: Lot and Concess ion (if applicable): ___________________ _ Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. Applicant / Authorized Agent: Address : Phone No.: E-mail: Please specify to whom all communications should be sent: Reg istered Owner ( Applicant / Authorized Agent ( ~) 3. Legal Description of the land for which the amendment is requested Roll# 11-ot 00~ 00l s~qc,o ~rt..>: 3S-7:i::L -OV11 Concession: ____ 1.. _____ Lot: Reference Plan No: 11 Ro-l O ~O ½ Part Lot: j_ Street a nd Municipal Address No.: What is the size of property which is subject to this Application? m2 Frontage: ---"i=2=•:..........:.7~7L--_ __:_;m;_;__ Depth: m When were the subject lands purchased by the current owner? ~lft~v~IWv~uw~,J _____ _ Municipality of Bayham Zoning By-law Amendment Application Page3 4. Existing Official Plan Designation: How does the application conform to the Official Plan? 5. Existing Zoning By-law Classification: _C.=...c.'l....,"=l.:,..,),.__,,,....;C .......... 3 _<;..:..._,..,_t,-=-.S: __;\_::,,_ ________ _ What are the current uses of the subject lands? If known, provide the length of time these uses have continued on this property. If there are any existi ng buildings or structures on the subject lands provide the following informati on: \tie.. 1>0.A.11\1.t::t-JL---a Y,J&'~ L~y~ Type 1lw .. w.-"!;w k {loM-\°'fll.lt!. (?~\:I:.t'2.. ~f\s:.r ct \ I\Cl<,LE t,,a f> W ._ h~ :c, ""'""' Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height If known, provide the dates in which each of these buildings were constructed. Dimension s 6. What is t he Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. \)o~w~n-~-,;~~~~~ 'ts·"' 1Au:~"H-i~ ~"'fF,..I\. C, f1'-E.lR.~ .l'~'i'\1--"(Jtl, -r, .t""'""'~ ti-M, '"R,r-i'&,-"f, Ui'tJ E'. C \.A."1 i)Jc,-t~ """~ \ ' A u)!--£NC1to ~cH1rv6-/·Its T<tJtf.1c 13-.,~-rf-il (X.t.-SG /3v1L/J1rvc,.. To l5c k.>ctJ~t J / 1v · lf'cl'.C>G;vt-ZL~~ . Municipality of Bayham Zoning By-law Amendment Application Page4 7. Why is the rezoning being requested? 8. 1o ers:Aeu::.ru A J\.J;:tJvL£ ZltJl:-1,}()., C,1.-~r,.r11o¥ F;A... n✓g J'ic,(fo~cc t..0<Nt1JJ" A./1,\Jl s;.; t,. p .AR ~lt;,n:!. f ' A #.J cr-.-fVcv.Jcc,{\) IF Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? Yes @ 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 ~ If so, attach separat ely 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) ~ t"i.r>.p..b)I::> .Cl\"'f".r..>G,, To ?t=RCI\IT' '77 rAAviS"L-rRAt.L.CR J.r,r-e.-s) -:i., JE~N.ft. ,~~\... 1 ~A.:r\.. .. ~ s~l""~1') ~N~ Ip \)A'4 vJE-Cl\me Jr;-£-f ~ ~ 3 P ~~ ► ~PJ\Qf:.r A Ri£ Re G.¼r e~c { :rue LM.o;AJ C.. ~ OAl:-.h.rJ> P1-1&~~1-) l. a t PAA-~~'->'-.\Jl.,\c-~J k~K.. f'eov ,J: ~ ~ i) For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height Dimensions Municipality of Bayham Zoning By-law Amendment Application Page5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ~) ( "!J.. ) Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Commu nal Well ( ) ( ) Lake or other Surface Water Body ( ) ( Other ( Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ) Individu al Septic System t1..ts~o\~ ( ~) .... ,,.,\~ 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 hydrogeol ogical report. \<\o~ ~~\>'1-•..tl'<v 'v"I;.~~~" ~ Are these reports attached? If not, where can they be found? ______________________ _ Storm Drainage Provisions: Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page6 12. How will the property be accessed? Provincial Highway ( County Road ( 'j,..) Municipal Road -maintained all year ( x ) 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 l and ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Zoning By-law Amendment ( Consent ( ) l,4 0 Ii. t,)l)IAJ,.) Ministers Zoning Order ( ) If yes to a ny of t h e above, indicate the file number and status of the application. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? ~en! ... \ . ~IC\~ ~iP1tv~lllc.,._,:t:: \~i'.g l tI:SiSJ "' tlE 'HCA,-~~ '~l"b[. f°'-:tl)t!I. ~~N . 15. Are the s u bject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? '111 ~~w~~ Pi. .. .&>..t,) j C>f\~~D~ t')oRRAtH:. P&.A~L N~r,.AU. Erc."RP,...,,£1-!r fu.,J Municipality of Bayham Zoning By-law Amendment Application Page7 17. The Owner is re q uired 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 load ing 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 with i n or abutting the subject land, i nd icating where it is an unopened road allowance, a public traveled road, a private roa d, 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 Aut hority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is requ ired 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 corporat ion acting without an agent or solicitor the application must be signed by an officer of the cor poration and the seal if any must be affixed. 19. Addition al Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page8 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide t he following information: I/We, 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 Add ress : Zoning Classification: ______________ , of the Name Town/Township/City/Village etc. of __________ , in the County of ________ , do solemnly declare: Mun icipal ity Na me County Name (i) that I/We am/are the owner(s) of the lands described above (ii) . that t o the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint ______________ to act as an Agent on my/our behalf in all aspects of this application. 56€ ;4--rn1c11ct Owner(s) Signature(s): ______________________ _ And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: Ct21,1,,H'( of t...9~1<,puu< Owner I Agent in the Gouniy~~n of s~M..Ulc'.-this 3 0 11 . R day of 1"<'1 """'" 20 ~ . ~ dJj),£_f!Cl!'lllAJt / ELDON FRASER DARBYSON, a commissioner, etc., Owner I Agent (7' ~ lf prov;nce of Ontark>, for G. Douglas Vallee Limite d. 7 f:xpi1es Maicl12t'i , 21'22. A Commissioner, etc. • Long Point Re gion Conservation Authority 4 Elm St., Ti ll sonburg , Ontario N4G 0C4 5 19-842-4242 or 1-888-231 -5408 . Fax 519-842-7123 Em a il : co ns ervat ion@lprca.on.ca . www.lprca .o n.ca January 27, 2019 RECE I VED JAN 2 7 2020 File: 34-01 -002 -001 -39000 Mrs. Margaret Underhill Deputy Clerk/ Planning Coordinator Municipality of Bayham 56169 Heritage Line Straffordville ON N0J 1 YO Dear Margaret: MUNICIPALITY OF BAYHAM Subject : Big Otter Marina Zoning By-law Amendment and Site Plan Agreement 5 Bridge Street Concession 1, Part Lots 11 -12 Elgin County -Municipality of Bayham LPRCA authorizes Darryl Propper, Deb Barry and G. Douglas Vallee Limited as the three agents to represent LPRCA on the above noted applications. Please contact this office should you have further questions in this regard. Yours truly, Judy Maxwell General Manager ----~---- A Member of the Conservation Ontario N etwork FILE No . .5/? /-) -0 ~ /J 0 REC'D: mt1 r d-t-/;) Cl DATE APPLICATIO CONSIDERED COMPLETE: /' 1 / ll D · FEE RECEIVED:"$ qlO() ,-JO /V1AA 17 A It?. f-3c;l6 o&3 ,,,,,,_ er 1/dO MUNICIPALITYOFBAYHAM ,,c # C E I V ED SITE PLAN APPROVAL APPLICATION FORM BE The undersigned hereby request the Municipality of Bayham to consider a Site Plan Contro MAR 2 6 2 020 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 Municipality of Bayham. 1. BACKGROUND INFORMATION a) Applicant's Name {;.. °DewG-LA..J' I/ k..vv'fe:;. L:r,A.v~YtO Applicant's Mailing Address 2... 'tAt..iru1 ~!--V1MII ~....WQ; (1,J N?Y ]~ ~ Phone# S/6l, ~J,~ ,a-)) Fax: t(1 4i, 'l,7) Email: iLAtiJ~QlfJ'tl\) (Jj,~1/,(,v-t,-l~-tA- b) Registered Owner (if other than applicant) l "" '-' ~o \iw-t ~~&#d"" Ult'-l vA.v4 l::l:cJLA) OWner's Address oJ Phone# 6/1 ·d>l(J.~ll~1 Fax: ______ Email: _____ _ c) Location of Subject Land ROLL# 3401-Qll 'l ~o I 1\ ~eo Lot Number(s) ll 'a. 11-Plan No. or Concession __ 1.-=-- Part Number(s) _______ _ Reference Plan _____ _ The subject land is located on the ----=-o._,_,lw=-'-~---side of 301.&~ IT" between ~o~ ~,J.rt 'II .\'t- d) Existing use of Subject property lR.A~i..-ltL (>~t(..t er.\"'-" ~uoJ l) t ff\,A/M,JA e) Specific indication of proposed uses of land and buildings ):"'i\t:vif".Q,. f.A.~.t, C/l(l,1tt.f v~ 'l. fo.iA'~>'IJo4- f) Official Plan Designation Co,J.ff.'A-.1'.\l: r;.,,J L.~ l g) Zoning By-law -Existing Zoning C, 7 \h~). C ? 'l Ol ·l.., -Requested Zoning V ~ or~~ I"-ew~~wt. ..Ppe"'.l'Mc: f4,,v.tJ~1111 -t 2. SI TE INFORMATION a) Zoning Provisions Lot Frontage Lot Dept h Lot Area Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard (corner lot) Landscaped Open Space(%) No . of Parking Spaces No . of Loading Spaces W idth of Planting Strip Driveway Width Handicap Spaces Ot her (Specify) REQUIRED Off-Street Parking and Loading Facilities Total number of off-street parking spaces existing Number of off-street parking spaces proposed (include existing & proposed) Number of off-street loading facilities exist ing Number of off-street loading facilities proposed (include existing & proposed) b) Proposed Build ing Size : Ground Floor Area of Existing Buildings(s) Ground Floor Area of Proposed Development Total Ground Floor Area (including existing & proposed) Number of Storeys proposed Building Height Proposed Total Gross Floor A rea Proposed (including existing and proposed) 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL 3. Conve rsion or Addition to Existing Residentia l Bui! Amen ity and/or Children's Play Area Yes UNIT BREAKDOWN Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom a) MUL T l t:.E FAMILY RESIDENTIAL-(cont'd) PROPOSED Floor area of Unit Type Other Facilities provided (eg . play facilities, underground parking, games rooms, swimming pool, etc.) 2 b) COMMERCIAUINDUSTRIAUINSTITUTIONAUOPEN SPACE OR OTHER USES (as applicable) No. of New Buildings Proposed _________________ _ Conversion or Addition to Existing Building Yes ___ No __ Describe Gross Floor Area (breakdown by type of use, eg. -office area, retail, storage, manufacturing area, etc.) Seating Capacity (for rest. or assembly hall , etc.) __________ _ Describe Type of Business Proposed ______________ _ 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 (eg. office, common rooms, storage, etc.) _____________ _ 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 Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom Signature of Owner I Agent Signature of Owner I Agent I, /<l. ...L.:JLl.l..Lil...!""--'-,j::::>,"-.L!..../-.:,,.;-~---of ~~-l'l-, '""''jr-<c,..q,4..,_(C),-'--"-_____ in theC c9if"1 f 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. DECLARED before me atthe C~~~,v\ of IJeR.Pu\...)< in the ~IQ.w ,J--;!;l~f--- J' i:-1\\,l/JF _ h ~ this -1JL dayof )Jst,Ji/J,\,~ 20 i,O · ~ ~ ELDO N FRASER DARBYSON , a commissioner, etc., P rv vince of Ontario, for G . Douglas Vallee Lim ited . Expires March 28, 2022 . 3 Sc-e:: D~~ 'f c~v~~ /...£rrt"~ I B I IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention From cc Municipality of Bayham Paul Riley, CPT William Pol, MCIP, RPP Date Project No April 7, 2020 3404-756 Subject Big Otter Marina and Campground / Long Point Region Conservation Authority -5 Bridge Street -Application for Zoning By-law Amendment 1. We have completed our review of Zoning By-law amendment application submitted by Darryl Propper and Deb Barry for lands owned by the Long Point Region Conservation Authority (LPRCA) located Part Lot 11 and 12, Concession 1 and known as 5 Bridge Street, north side and west of Robinson Street. The LPRCA has provided a letter approving Propper, Barry and consultant G. Douglas Vallee Limited to act as agent. The proposed amendment is to change the zoning on 7.8 ha (19.3 acres) of land from a Village Commercial (C3), holding Village Commercial (C3(h2)) and Open Space 1 (OS1) zone to site-specific Tourist Commercial (C3-XX) zone for the travel trailer park, campground and marina use; to permit a maximum of forty-seven (47) permanent seasonal use travel trailer sites, twenty (20) seasonal travel trailer sites and twenty-four (24) day use camping sites; to permit partial reduced rear yard setback of 1.0 m (3.2 ft) where 10.0 m (32.8 ft) is the required minimum; to permit zero (0) side yard setback (south) where 4.5 m (14.7 ft) is the required minimum; and, to permit an existing boathouse building located on both the subject lands and the adjacent and associated marina lands. The lands are designated "Conservation Lands" and "Hazard Lands" on Schedule "D": Port Burwell Land Use and Constraints of the Official Plan of the Municipality of Bayham. The lands are zoned Tourist Commercial, holding Tourist Commercial and Open Space 1 on Schedule "I" Port Burwell in Zoning By-law 2456-2003. 2. The subject lands have lot frontage of 22.7 m (74.7 feet) and lot depth of 637 m (2,090 feet). The Big Otter Marina and Campground is located in the Village of Port Burwell, along the west bank of the Big Otter Creek. The lands are characterized as creek valley lands including flood plain, embankment and flat top of bank lands. There is a small inlet with boat slips located centrally to the existing travel trailer/camping area. The central area of the Village of Port Burwell is to the east on the top of bank across the creek. The driveway access location to Bridge Street is unchanged. There are municipal water services and private septic services. Surrounding uses are commercially zoned agriculture lands to the north and northwest, commercial to the south, residential to the west and residential and open space to the east. 3. The changes to the lands include to remove seasonal travel trailer sites from the flood prone lands and to add 47 new permanent, but used seasonally, travel trailer sites on a vacant non-flood prone portion of the property. There will be 20 seasonal travel trailer sites and 24 day use camp sites in addition to the marina use. The marina is mostly located on adjacent "unpatented" or "crown" lands between the travel trailer IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects 181 GROUP MEMORANDUM 2 Municipality of Bayham -April 7, 2020 park/campground and the Creek and no changes are proposed. The LPRCA owns the trailer park, campground and part of the marina lands and the operators, Darryl Propper and Deb Barry are in the process of lease to own. The remainder of the marina lands are owned by the Province of Ontario and managed/administered by the Ministry of Natural Resources and Forestry (MNRF). The MNRF has approved the marina and associated uses and they are amenable to transferring the marina lands to Propper and Barry in order to consolidate the use under one ownership in the future. 4. The Municipality of Bayham Official Plan Section 4.6.2 Seasonal Travel Trailer Parks indicates that the proposed use is permitted in the Conservation Lands designation. The applicant shall enter into a development agreement with the Municipality prior to the passing of an amendment to the Zoning By-law and the agreement should ensure the following: a) The park has direct access to Bridge Street. b) The park is serviced with municipal water service and the water service is being upgraded/upsized to provide adequate supply. There are existing communal septic tanks; individual holding tanks to be removed and individual trailer septic tanks. It has been recommended to the applicant to consult and obtain approval from the Ministry of the Environment, Climate and Parks (MECP) for the septic system, however, due to the non-permanent building nature of the travel trailers the Municipality is unable to require approval for the existing communal septic system. c) The park is serviced with hydro and garbage services and each new trailer site will have a hydro connection. As part of the redevelopment the applicant is installing additional lighting and re-graveling portions of the existing roadway access. The applicant has provided a Functional Servicing Report and Grading Plan which address storm drainage. The Report indicates that the lands naturally drain to Big Otter Creek and that the Creek is the legal outlet. There is a ravine which provides drainage for adjacent lands which runs adjacent to the new trailer area. In order to provide adequate roadway stability the ravine is to be replaced / filled in by a storm system to collect and convey the drainage to the Creek, including a swale to provide controlled drainage to the system. d) There is existing natural landscape buffer generally around the entire site. The neighbours to the south are across the Big Otter Creek and on the top of bank, upland from the main activity area. The new trailer site area has existing tree buffering to the farm fields which are zoned for tourist commercial uses and a 2.0 m (6.5 feet) buffer strip is being maintained in accordance to the zoning regulations. e) The new trailer sites are larger than 150 m2 . f) The park is opened seasonally from April to November, however, the dwelling is occupied by the operator year-round for security purposes. g) The recreational areas are unchanged and there is a large amenity space adjacent to the slip inlet, parking and campground sites, as well as linear amenity area along the water's edge in the "unpatented" land. h) The existing and proposed roadways are gravel surfaced. A large section of the initial access road and Perch Avenue are being upgraded as shown on the grading and site plans. 181 GROUP MEMORANDUM 3 Municipality of Bayham -April 7, 2020 i) A concurrent Site Plan application and drawing set has been submitted and the plans provide the required information. The Official Plan Section 4.6.6.2 recognizes the subject lands as an existing seasonal travel trailer park. The above criteria are adequately addressed, therefore, the proposed zone change and site development are in accordance to the Official Plan. 5. The Municipality of Bayham Official Plan locates the subject lands as hazard lands due to susceptibility to flooding and erosion processes associated with the Big Otter Creek. One of the main purposes of the development is to move seasonal travel trailer park sites out of the 100-year flood zone as identified by the LPRCA and they have made the relocation a requirement of the lease to own agreement. Based on the LPRCA requirement we understand that the proposed relocation is adequate to address potential hazard risk and improving health and safety. Further the boathouse is a permitted use, if not used for accommodation by way of Official Plan policy 6.1.1.3. The hazard risk is improving and there are no new buildings or structures proposed within the 100-year floodline, therefore, the proposed amendment is consistent to the Official Plan. 6. The Municipality of Bayham Zoning By-law C3 zone permits marina, travel trailer camping park and accessory residential use. The lands have adequate lot frontage, lot area, lot coverage, building height, front yard depth and buffer strip. There is an existing zero side yard setback along the south to the remainder of the marina and campground and there has been travel trailers located up to the property line as labelled "lower park" on the site plan. In order to maintain separation to the property line a 1.0 m (3.2 ft) setback was recommended. The southeast corner of the existing boathouse encroaches onto the remainder of the marina and campground lands and is permitted in the flood prone area by way of Official Plan policy. The reduced setbacks not changed from the existing uses except for increasing the setback to 1.0 m in the lower park where trailers have been in closer proximity in the past. The proposed site-specific zoning maintains the intent and purpose of the zoning by-law and the proposed/existing uses are listed permitted uses. 7. Based on the above review of the proposed Zoning By-law amendment we have no objection to the change from Tourist Commercial, holding Tourist Commercial and Open Space to site-specific Tourist Commercial (C3-XX) to permit a maximum of 47 permanent/seasonal travel trailer sites, 20 seasonal travel trailer sites and 24 day use camping sites; to permit partial 1.0 m (3.2 ft) rear setback; to permit zero side yard (south side); and to recognize the encroaching boathouse structure. IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2710-2020 L.P.R.C.A. -D. PROPPER BEING A BY-LAW TO AMEND BY-LAW No. 2456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Schedule "I" by changing the zoning symbol on the lands from Tourist Commercial (C3), holding Tourist Commercial (C3(h2)) and Open Space 1 (OS1) to site-specific Tourist Commercial (C3-1) Zone, which lands are outlined in heavy solid lines and marked C3-1 on Schedule "I" to this By-law, which schedule is attached to and forms part of this By- law. 2) THAT By-law No. 2456-2003, as amended, is hereby further amended by amending Section 19.13 Exceptions -Tourist Commercial (C3) Zone by adding the following clauses: 19.13.1.1 19.13.1.2 19.13.1.3 19.13.1.4 Defined Area C3-1 as shown on Schedule "I" to this By-law. Permitted Uses Seasonal travel trailer park, campground and marina with a maximum of forty-seven (47) permanent seasonal travel trailer sites, twenty (20) seasonal travel trailer sites and twenty-four (24) day use camp sites Minimum Rear Yard Setback 1.0 metre (south half north side) Minimum Side Yard Setback Zero (south side), including a permanent existing boathouse building 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 Planning Appeal Tribunal. 2710-2020 Page 2 READ A FIRST TIME AND SECOND TIME THIS 11 th DAY OF MAY 2020. READ A THIRD TIME AND FINALLY PASSED THIS 11 th DAY OF MAY 2020. MAYOR CLERK r~-=~-=1;' I • -L -nns· ~ • • I />'j! ,pGll si::}' -·-. ~-~" ---, :cINI7VU.O:JSVi10N2 \\\\ '-c-JS ;;,'VHLVH:J-,-'· --1 I , . .. J.S NOSJa([V I. ~,_J_~: .,7 -<\'~-.\-~-~ ~· , /\ [ -----\: 0.. < :;;; tii ti) ~ w w (J) I I I / I I ! .; ~ • , I I I ..... , /I I I I I I ·>--"' g ~. I ~--- l (___:: Cl. I <(. 2 I-. UJ en ~ I I I I I / I / I I I / I ~ Q) 0 .... 0 > ro 2 I I I I -,_;,, ..... , ... ;-..... ·-····-····---": ! • ~ './" ~~siiikw~7; ~ ◄~ ; I;; fl ii 0 :, z 11 0 N 0 N <Si .. >-~ It: < <( :::> z :c < ~ -, C w m !;j: C u. 0.. 0 :::> M 0 ~ 0 ..J 'l' ..J <O :::i w IO ..,. s N f w ~ ..J 0::: -:::, :::, .J '>-(.) C fXl m z w I-t, :::::::, :::c 0::: z z ~(.)Q 0 (I) ll.. N THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-048 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN LONG POINT REGION CONSERVATION AUTHORITY 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 2016-04 7 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 Long Point Region Conservation Authority (LPRCA). 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 Long Point Region Conservation Authority (LPRCA) 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 11 th day of May 2020. READ A THIRD TIME AND FINALLY PASSED this 11 th day of May 2020. MAYOR CLERK SCHEDULE 'A' TO BY-LAW NO. 2020 -048 SITE PLAN CONTROL AGREEMENT LONG POINT REGION CONSERVATION AUTHORITY AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 5 Bridge Street, Port Burwell Part Lots 11 & 12, Concession 1 Municipality of Bayham, County of Elgin 1 2 THIS SITE PLAN AGREEMENT made in duplicate this 11 th day of May 2020. BETWEEN: LONG POINT REGION CONSERVATION AUTHORITY (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 11 & 12, Concession 1 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 Attachments "81" "82" "83" "86" and "87'' 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 as per Section 41 of the Planning Act; 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. 3 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 Attachment "81" -C100 Proposed Site and Servicing Plan A Attachment "82" -C101 Proposed Site and Servicing Plan 8 Attachment "83" -C102 Grading Plan Attachment "84" -C103 Existing -Site Plan A Attachment "85" -C104 Existing -Site Plan 8 Attachment "86" -C105 Fire Route Plan A Attachment "87" -C106 Fire Route Plan 8 Attachment "C" -Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachments "81 through 83" "86" and "87'' 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 Attachments "81 through 83" "86" and "87'' hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "81"and "82" ("Site Servicing Plan") and Attachment "83" Grading 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; 4 (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 Attachments "B1 through B3" and "B6" and "B7" 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 "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided on the attached drawings, 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 Attachments "B1 through B3" 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. 5 (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. G) 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 approval of this site plan agreement does not relieve the owner of obligations from other agencies, including: 1) The Owner shall be responsible for consulting and obtaining any necessary permits with the Ministry of Environment, Conservation & Parks (MECP) regarding matters relating to the septic system necessary for the permanent structures, permanent seasonal travel trailer sites, seasonal travel trailer sites and day use camp sites. 2) The Owner shall be responsible for consulting with Hydro One and EPCOR Natural Gas or any successor utility thereto, regarding any matters which relate to utility services provided by either agency. 3) The Owner shall be responsible for consulting with and obtaining any and all 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 Long Point Region Conservation Authority (LPRCA), County of Elgin Tree Commissioner, and Ministry of Natural Resources and Forestry (MNRF). 6 9. The Owner shall satisfy all requirements in relation to fire protection for the existing building or buildings or structure or structures or those to be erected upon the Lands and maintain the Fire Route as shown on the attached drawings "86" and "87" to the satisfaction of the Fire Chief for the Municipality of Bayham and the Ontario Building Code. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 7 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "B1 through B3" and/or "B6" and "87" 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. 8 22. 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. 23. 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). 24. Upon executton of this agreement and as contribution to Site Plan Review and Agreement preparation expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred and Fifty Dollars and Zero Cents ($250.00). 25. Before commencing the work contemplated herein, specifically the water main tapping, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of Two Million Dollars ($2,000,000) 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. 26. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before May 11, 2022, two (2) years from approval. 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. 27. 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 "81'' through 83" and "86 and 87", 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. 28. 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 9 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. 29. In the event that construction on the Lands has not commenced within the two (2) years from the date of registration of this Agreement against title to the Lands or from the date of extension provided by the municipality to which such extension shall not be reasonably withheld, 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. 30. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B1 through B7" 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. 2016-04 7, being the Site Plan Control By-Law for the Municipality. 31. 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 pied as an estoppel as against the Owner in any such case. 32. 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. 33. 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. 34. 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. Registration must be completed prior to the issuance of a building permit. 35. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. 10 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 Witness ) ) ) We have authority to bind the Long Point Region Conservation Authority ) Judy Maxwell, General Manager ) ) ) ) Michael Columbus, Chair ) ) ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) We have authority to bind the Corporation ) ) ) ) Mayor ) ) ) ) Clerk ) Property Roll# 3401-002-001-39900 ATTACHMENT "A" Lands Description Municipal Address: 5 Bridge Street, Port Burwell Legal Description: Concession 1 Part Lots 11 and 12, Municipality of Bayham, County of Elgin PIN# --------------- 11 i 1 . !i •• . p:! !} H ii . - 1~ ti p IE d ,! ·~ 'i i'< h ~~ ~I H i; 1~ H Ii ii •t 2• If If H • H i -. ! " h.i ,Z-.,. E f H Hj .. H. l • -iH iif i. H! •1~ ~. I l i ... H! I I ; ;I 1j •• ·i ;j g h~ s~ ne ~· i~~ I~ ,:i i ·-r ~§ • l•-h~ w z 0 N /), ;r/CH/YJ G IV T 13/ ~i -~· M m fii !jh ~ ~, ~tn,:' • ~ ~ ~ di r ~ q§ ; ; a! •l I < • a • •: ii . 11~: 1~: p ;, ; ~· ' i•~ i•~ -ii i~ '• ~-ij ,§1 .~, • ,;;.~ L ~ Li ! 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ONTARIO N3Y 3W4 (519)426-6270 BI G OTTER MARINA CAMPGROUND 5 BRIDGE STREET, POR T BURWELL BAYHAM -ELG IN COUNTY Oro-,~T,!l< FIRE ROUTE PLAN B J/J0/2020 '""' ~ 19-05 1 C106 ~ ~ ~ ~ ~ ~ i) ~ THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-049 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN LONG POINT REGION CONSERVATION AUTHORITY 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 2016-04 7 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 also enter into a Development Agreement with Long Point Region Conservation Authority; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BA YHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Development Agreement between The Corporation of the Municipality of Bayham and Long Point Region Conservation Authority 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 11 th day of May 2020. READ A THIRD TIME AND FINALLY PASSED this 11 th day of May 2020. MAYOR CLERK SCHEDULE 'A' TO BY-LAW 2020-049 DEVELOPMENT AGREEMENT BETWEEN LONG POINT REGION CONSERVATION AUTHORITY AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 5 Bridge Street, Port Burwell Part lots 11 & 12, Concession 1 Municipality of Bayham, County of Elgin 1 THIS DEVELOPMENT AGREEMENT made in duplicate this 11 th day of May 2020. BETWEEN: LONG POINT REGION CONSERVATION AUTHORITY Hereinafter called the "OWNER" OF THE FIRST PART -AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART 2 WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Lot 11 & 12 Concession 1, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to expand the existing campground and marina in accordance with the Conceptual Site Plans attached hereto, as Attachments "B1" "B2" "B3" "B6" and "B7'' (hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of the development on the Lands, requires the Owner to enter into a Development Agreement under Section 41 of the Planning Act; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees to maintain direct access to Bridge Street in general accordance with the area identified on the attached Plan. 2. The Owner shall ensure the park is serviced with municipal water service and the water service is upgraded/upsized to provide adequate supply; 3. The Owner will consult and obtain any and all approvals from the Ministry of the Environment, Climate and Parks (MECP) for matters relating to septic system requirements, as required. 4. The park is opened seasonally from May to October, except for the permanent dwelling may be occupied by the Operator or Site Manager year-round for security purposes. 5. The Owner will service the park with hydro and garbage services and each new trailer site will have a hydro connection. 6. The Owner will install additional lighting, where shown on plan Attachments B1-B5, to ensure the health and safety of the tenants and visitors. 3 7. The Owner will provide well maintained gravelled roadway access for residents, visitors and emergency services, where shown on plan Attachments B1-B5. 8. The Owner will ensure the grading plan is completed to address storm drainage with a storm system to collect and convey the drainage to the Creek, including a swale to provide controlled drainage to the system, where shown on plan Attachments B1-B5. 9. The Owner will ensure the existing and proposed roadways are gravel surfaced and upgrade a large section of the initial access road and Perch Avenue as shown on plan Attachments B 1-B5. 10. The Owner will ensure the new trailer sites are larger than 150 m2 in area. 11. The Owner will ensure the recreational areas and the large amenity space adjacent to the slip inlet, parking and campground sites, as well as linear amenity area along the water's edge in the "unpatented" land are well maintained. 12. The Owner further agrees: a) That upon failure by the Owner to do any act identified herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security, and; b) That nothing in this Agreement constitutes waiver of the Owner's duty to comply with any by-law of the Municipality or any other law. c) The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from other relevant agencies and providing same to the municipality. d) The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) in compliance with the Fire Code and ensure all facilities are inspected and in compliance to the satisfaction of the Municipality's Fire Chief. e) The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may, from time to time, and at any time, enter on the premises of the Owner to inspect for the purposes of ensuring public health and safety, fire protection and the provision of potable water. f) In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 4 g) 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 maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. h) In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) weeks' notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. i) This Agreement and the provisions thereof, do not give 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 its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. j) The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. k) The Owner agrees on behalf of themselves, their heirs, executors, administrators 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 as a result of any action taken by the Owner, pursuant to this Agreement. I) All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. m) This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. A copy of such registration shall be provided to the municipality upon completion. 5 13. Attachments: Attachment "A" -Lands Description Attachment "B1'' -Proposed Site and Servicing Plan A Drawing C100 Attachment "B2" -Proposed Site and Servicing Plan B Drawing C101 Attachment "B3" -Grading Plan Drawing C102 Attachment "B4" -Existing Site Plan A Attachment "B5" -Existing Site Plan B Attachment "B6" -Fire Route Plan A Drawing C105 Attachment "B7'' -Fire Route Plan B Drawing C106 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. Witness (signature) Witness (signature) LONG POINT REGION CONSERVATION AUTHORITY We have the authority to bind the Corporation. Judy Maxwell, General Manager Michael Columbus, Chair THE CORPORATION OF THE MUNICPALITY OF BAYHAM We have the authority to bind the Corporation. Ed Ketchabaw, Mayor Paul Shipway, Clerk ATTACHMENT 'A' LANDS DESCRIPTION Assessment Roll# 3401-002-001-39900 Legal Description: Concession 1 Part Lots 11 & 12, Municipality of Bayham, County of Elgin Municipal Address: 5 Bridge Street, Port Burwell PIN# ----------------- 6 I t I I , ~ t R1 ,'.ONE IUPl!fil~Ui~Um l_Ut.C111~•~A111• lin"U-.,,...rf,t~ t8NIMGfAili r.rnrr.nr-----~f-=•~l-=_,,.JJ,0_,W.tt,i,'i'~ ~._l::~-~~iW-~;;;-~-;:;;;:;i.Noeri!lf!l,lllf' 1~ij!i,,""t.~1li'J"il~INll~i...,~l•tt';t1Mfllll•"'1"f- ~=i~,:t.':tfJ~!:=~=:?:f~~~ ~~~~-­:::::~:~~~-:-~-':'",~~~~:: ~l;~!.f~""_~~~ .. ~~!J~11 ... o11a-.~~H'¥1""'- l)~r,,w1,1,r~At~.eMl,il,IN.t111i,,;i~kw,11e,"'61Plt.;lf(la' t~=~~~7.:~.i::::::t::::;~~: r,t~ ... jll.ff,-!,'IIU(Lltl.~~jl;l~·~k~-U•·•~•1Jj,11'~ ;.fltiu,w!~lliuu(l5' ~ ~ IUtAo(<M1111.Lt11{~ IS6oio ~;,f .kt ~ uv!!r-· ----~· t1""il1ho lit!t.l ' "" IU/0•• .. i\H• .. •~~"'~ )UMJ!,Nla.11~1 I lll.1141~@•.'!",Y-"'Dw),I~ Ut6Pi _ _ ] l!IIMCUH:l:.'l•ttJ f-----· -, 1,g,-,m,,to,~,il,IGli1hlli•bl.11tOfctlSe( ... 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I ,trl'of11 rru J (O Plc11 "n 1 G. OOUOLAS VJ\LL EE LI MITED 2 TAl60T STREET NORTH SIMCC€, ONTAAIO N3Y 3W4 {510)425-6.270 BIG OTTER MARI NA CAMPGROUND 5 BRIDGE STREET, PORT BURWELL BAYHAl,I -ELGIN COUNTY f ll'IE ROVTE PUN 8 RECEIVED . >-j_;~~-7 - ,~ .. f --1 . . r-----. \ ------("6<~., n \-\--\-\-\-~ UN PATENTED LAND {NOT PART Of !;JTE PLAN APPLICATION) ............... ___ _ MAR 3 1 2020 ------ J /l0/20JO ''°'I ........ 19 -0~1 Ci 06 ;=7r-'A t...... MUNICIPALITY OF BAYHAIVi ~ "-I $1 () < ~ ' Ct "1 TO: FROM: DATE: REPORT: SUBJECT: REPORT DEVELOPMENT SERVICES Mayor & Members of Council Margaret Underhill, Deputy Clerk/Planning Coordinator May 11 , 2020 DS-40/20 FILE NO. C-07 / D13.TESL Roll # 3401-002-001-2200 Rezoning Application -Tesluk and Mulcaster Zoning By-law 2711-2020 BACKGROUND: Nancy Tesluk a nd Fred Mulcaster have submitted a rezoning application to rezone their property described as Plan 12 Lot 23 known municipally as 42 Robinson Street, in the village of Port Burwe ll. The subject lands are designated "Commercial " on Schedule "D" Port Burwel l Land Use and Constrai nt s of the Official Plan and currently zoned Central Business District (C 1) on Schedu le "I" Port Burwell in Zoning By-law Z456-2003. A public meeting will be held May 11, 2020 prior to the regular Council meeting with notification circulated on Ap r il 21 , 2020. At the time of writing this report no public comments have been received. The purpose of this By-law is to change the zoning on a 1,011 m2 (0.2 acres) parcel of land from a Village Commercial (C1) zone to a Village Residential (R1) zone to permit residential use in Zoning By-law Z456-2003. The subject lands are located on the east side of Robinson Street , south of Waterloo Street known as 42 Robinson Street in the Village of Port Burwel l. The effect of this By-law will be to permit the development of a single-detached dwelling o n a vacant parcel of land with access to municipal sewage and water services . DISCUSSION The proposed development is considered to be infilling on municipal services and is consistent to the PPS and Officia l Plan. Staff and planner are supportive of the purpose and effect of the zoning amendment to change the zoning and to retain the commercial Official Plan designation on the lands for future possible uses. The planner's memorandum dated April 9, 2020 is attached with a complete analysis of the proposal. Staff and planner recommend support of the zoning amendment. Staff Report DS-40/20 Tesluk Mulcaster ATTACHMENTS: 1. Rezoning Application March 11, 2020 -deemed complete on April 21, 2020 2. Draft Zoning By-law Z711-2020 RECOMMENDATION THAT Report DS-40/20 regarding the Tesluk and Mulcaster 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 May 11, 2020 associated with this application, there were no written submissions and no oral presentation opposing this matter and that all considerations were taken into account in Council's decision passing this resolution; 2 AND THAT Zoning By-law 2456-2003, as amended, be further amended by changing the zoning on the lands owned by Nancy Tesluk and Fed Mulcaster identified as Plan 12 Lot 23, known as 42 Robinson Street, from Central Business District (C1) to Village Residential (R1) Zone; AND THAT Zoning By-law 2711-2020 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: /~A/~ Marga(t Underhill Deputy ClerkJPlanning Coordinator . MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 Straffordville, ON N0J 1 YO Phone (519) 866-5521 ~ Fax (519) 866-3884 RECEIVED MAR 11 2020 MUNICIPALITY OF BAYHAM APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for the i r records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000 (Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500 (Temporary Use Zoning By-law Renewal) or $1500 (Zoning Amendment to Remove Holding Provision). If t he application is not completed in full, the application will be returned. I/We, No:o c~Je d""b:. ct_ rrcde.ric,,l:: f-{t,J_c_o._5 ./-er-shall assume responsibility for any addition; costs exc~eding the deposited amount related to the said application and understand and agree t hat for payment of said additional costs shall be a condition of this signed application. I a l so agree to accept all costs as rendered. Property Owner ~<---..;:::;._ _ _______.--===--------- Property Owner FOR OFFICE USE ONLY /11 t:VY // ~-0. AMOUNT RECEIVED : c-oOO oO DATE RECEIVED: DEEMED COMPLETE: /lpr c}I /,JO RECEIPT# : 3 / CJ (; 7 ~ -FILE NO: J)l'3. IE-SL DATE ADOPTED BY COUNCIL: Municipality of Bayham Zon ing By-law Amendment Appl ication Page 2 1. Registered Owner's Name(s): Address : Phone No. (Home): 96S -Cf73 -37DZ-Business: ___________ _ Fax : Lot and Co ncession (if applicable): Are there any other holders of mortgages , charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. ~ant I Authorized -~M __ a_n_ey-+---~---e~s~/2-~_k __________ _ Address : /0 T u -er /4-vc 6-n;,,11zy O;J L:J/Yl !E3 . Phone No .: Fax : ------------- E-mail: Please specify to whom all communications should be sent: Reg istered Owner ( ) Applicant/ Authorized ~ ( LV 3. Legal Description of the land for which the amendment is requested Roll# 3 z./O/-6o ol -oo / -2 t30 a o Concession : Lot: --------- Reference Plan No: --+-14'-b'--'-------Part Lot: Street and Municipal Address No .: /fd/;;;SJ11 What is the size of property which is subj ect to this Application? Area: / 0 / I • 3 3 m2 Frontage: (7 0 . /I m Depth : 50 .d C/ m When were the subject lands purchased by the current owner? ;? 0/7 Municipality of Bayham Zon ing By-law Amendment Appl ication Page 3 4. Existing Official Plan Designation: How does t he application conform to the Official Plan? . _ Y . Cb;1co1/e/lf OP a~✓o:e,1} o/-Jf1/lm:/l'qv to C/2a1L,% /4 MS/~/l -hi/ 5. Existing Zoning By-law Classification: C e>vTtz,;4-l J:5u S'I/V'l=-"<5 ;5 [J-s-T!ucT (jft I j What are the current uses of the subject lands? 6. If known, provide the length of time these uses have continued on this property. (/ f')k.l?oul /! If there are any ex isting buildings or structures on the subject lands provide the following information: Type Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height If known, provide the dates in which each of these buildings were constructed. Dimension s What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. t?cO/)'(:' ~m Gnl,ce/ &. . '5.5 &lr1cf-'1111 Ulla~ ~s/~,, · Municipality of Bayham Zon ing By-law Amendment Appl i cation Page 4 7. Why is the rezoning being requested? 8. Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? Yes ® If so, attach separately justification or information for the request based on the current Official Plan pol icies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes G;) 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) 1ti /2,y /c/ a. J!8rl]1ooen f 6;si'&:11c-e-= I For any proposed buildings or structures on the subject lands provide the following informatio n : Front Lot Line Setback Side Lot Line Setbacks Rear Lot Line Setback Height Dimensions 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 ( ) /7 o vJa_ 1-er ( ~ 5-eMce- Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ) Lake or other Surface Water Body ) ) Other ( ) ( 5a I'> ,· for 1 St"'rvtc-C f A' lf>fr~f -/o lo/ L1/1e Sewage Disposal Existing Proposed Municipal Sanitary Sewers vf ( vf 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: Proposed Outlet: ----------------------- Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( '-1" 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. V fV k h t7 Lu ✓ 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? ~Sl~&,ft h'a,/ V-5-C /Yl J;ll;/4,fl?ed /l~a_. · 15. Are the subject lands within area designated u_nder any Provincial Plan(s)? If the answer is yes, does t he proposed amendment con to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 16. 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 Southwestern Public Health, 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 17. 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. 18. Additional Information as required by Council Municipality of Bayham Zon in g By-law Amendment Application Page 8 19. If this appl ication is to accommodate the consent of a surplus farm dwelling, please provide the following information : Date surplus farm dwe lling was erected: _____________________ _ Please provide the assessment roll number, lo ca tion, and zoning of the farm parcel with which the subject lands are being consolidated . Roll# 34 -01 - 911 Address : Zoning Classification: I/We, ..,..owr ~o, 1 'llage etc of ___________ , in the County of _________ , do solemn ly declare: \ (i) that I/We am/are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint Na1a:c ~ Tes lw k my/our behalf in all aspects of tis application. Owner(s) Signature(•~~ to act as an Agent on And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE M E at the: day of t!Z&aJqj?,w5 ly of 4 /47 ;r? Owner I Agent in the County/Region of [] CV n this // -11,_ 121w ~ I 20 {2Q__. ~~L0/ • • MARGARET UNDE ~mLr,, II CtJll!'111§~1@11@l'i @t@t A Comm1ss1oner, etc c t:t}' Clerk of foe Corpor:il!on orth@ J\fori.icip::!E.y of Il?.ylrnr.1. ,,,,.- .,, ,. / ~; -~- -~ ~s: 0.PT 0,: -TAAN!)Poll;Y Ri.AI.. E.'"'T"T"-MM" ~. 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I ~ ·"' 11..s -11.-s ----------+--------- ·-~ 1•5 z . 1.(§0\-220 0 , ,/ . 23 I 2,Y ,.,, ....-~~-------------· 11.S 22 2&· z ~0 01-2\~ f\.'-, ~ O\-\~O io " = . :'j ! ~(' ~ ~i ... , , .. 0 •·-oo_,..2::-;:•:sfh-1--q,.."'.:"_.;_. -, ..... -a-t·_. i~---_ -T -- m. ~r~(i'"",'_,.1, ~lJh ' ~t O\-~'tl' I01-3~lo · 0\-\~l ~· ...: en (I) :, [&l -~ l&l L .. ,_,} ,:,. ~ -· .-~ .,,.~. ~. { -~~c• Cl {) ~ ,!-_., • WELLING.TOM ST. {:l',-f fZ . 11 t ~ ?r· '9 ••11 ~I ~'IJ-~ ~ 17,.•;1t .::ff" I f! .,_ ,(1 Q-1-. I ' ~-01'-\ _. ,J-73· ·~ ~r· ~G_,~1}_: e,~~ ~~\-2.11 ' _ 'tf '· ----~ . ..,.. . ,... .. ~~~·\-2. IID i · 01-\B= '°"I~" r'i) ... , --... u _.,, -1rj --•-_ _ I, ~---~ Z.5•J.9 0 ,.. -----. ao•1'---· ..; .. ~m -•----s ,/ti ,I -~•c:. ~ ~ ---- -~ tll"""'t. ...... 10• f ELGIN MAPPING Q1 0 W GS_ 1984_W e b_M e rca t o r _A uxiliary_Sp he re © Lat itude Geogra ph ies Grou p Lt d. 42 Robinson Street 0.06 0 .1 Kil o m eters 1: 2,204 0 This map is a user generated static output from an Inte rnet mappi ng site and is for re ference only. Da ta laye rs t hat appea r on t his map may or may not be accurate, current, or o therwise reli ab le. THI S M A P IS NOT TO BE USED FOR NAV IGATION Legend • E911 Parcels Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery Notes I B I 181 GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham From Paul Riley, CPT cc William Pol, MCIP, RPP Date Project No April 9, 2020 3404 -760 Subject N. Tesluk and F. Mulcaster -Application for Zoning By-law Amendment -42 Robinson Street, Port Burwell 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by Nancy Tesluk and Frederick Mulcaster, for a property located at Plan 12, Lot 23, 42 Robinson Street, east side, north of Wellington Street in the village of Port Burwell. The applicant is requesting to change the zoning regulations on a 1,011 m2 (0.2 acre) parcel of land from Central Business District (C1) zone to Village Residential (R1) zone to permit residential use in Zoning By-law 2456-2003. The change is to permit the development of a single detached dwelling with approximate floor area of 130 m2 (1,400 ft 2) on the vacant parcel. The subject lands are designated 'Commercial' on Schedule 'D' Port Burwell Land Use and Constraints of the Official Plan of the Municipality of Bayham. The lands are currently zoned Central Business District (C 1) on Schedule "I" Port Burwell in Zoning By-law 2456-2003. 2. The parcel has lot frontage of 20 m (65 feet) and lot depth of 50 m (164 feet). The location has access to municipal water and sewer services. Surrounding land uses are residential north, south and east and commercial to the west. There are single detached dwellings to the north, south and east, however, the dwellings to the north and south are zoned for commercial uses. 3. The Provincial Policy Statement 2014 (PPS) indicates that settlement areas should be the focus of growth and development and their vitality and regeneration should be promoted; and intensification and redevelopment where municipal water and sewer are available should be promoted. The proposed development infills and regenerates vacant lands with available municipal water and sewer services, consistent to the PPS. 4. The Municipality of Bayham Official Plan Section 4.5.5 Commercial designation in a settlement area indicates that the predominant use of land shall be for the buying and selling of goods and services, however, secondary uses can include residential uses. There is low demand for commercial lands and high demand for residential 1B1 Group is a group of firms providing professional services and is affiliated with IBI Group Architects 181 GROUP MEMORANDUM Municipality of Bayham -April 9, 2020 land. In the future there may be need for commercial uses in this central location, therefore, by maintaining the commercial designation the lands can maintain flexibility to convert back to commercial uses in the future. 2 5. The Municipality of Bayham Zoning By-law Village Residential (R1) zone lists single-detached dwelling as a permitted use in the R1 zone. The parcel has adequate lot frontage and lot area to accommodate a single-detached dwelling. The new dwelling shall be built in conformity to the R1 regulations. A building with 130 m2 floor area would be 13% lot coverage where 30% is permitted. The proposed use is a listed permitted use and the lot can be developed in conformity to the regulations in the R1 zone. 6. We have no objection to the proposed rezoning from the Central Business District (C1) zone to Village Residential (R1) zone to permit residential use in the form of a single- detached dwelling. IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2711-2020 TESLUK AND MULCASTER BEING A BY-LAW TO AMEND BY-LAW No. 2456-2003, 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 "I" by changing the zoning symbol on the lands from Central Business District (C1) to Village Residential (R1) zone, which lands are outlined in heavy solid lines and marked R1 on Schedule "I" to this By-law, which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 1 fh DAY OF MAY 2020. READ A THIRD TIME AND FINALLY PASSED THIS 11 th DAY OF MAY 2020. MAYOR CLERK I I ! I I I I I I I I I I I I ..>:: .... (I) 0 .... 0 >, ct! ~ I I I I I ... L.......... 1 · -···~.is H.LJIWzng ·············---+ ····-.lSY!llO.l:JM :·.LSNO.L7TW ~ ◄~ lic: ~ 0 z !l E :::; C 0 ~ s 0) Q) er: <( (.) er: )~ 2 <( :::c: ~ m u. 0 ~ ...I ...I _. w w:S: f ...I 0:: (.) :::::> :::::> C al z w I-:::> :::c 0:: ~ (.) 0 en Q. i 0 N 0 N .,; ~ « ::, z < -, C w !;j: C D. ::, ., 0 0 'l' CD "' .... N ~ _, ~ Ill C) z z 2 April 23, 2020 The Honourable David Lametti OFFICE OF THE MAYOR CITY OF HAMILTON Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, Ontario K1A OHS The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 The Honourable Doug Downey Attorney General McMurtry-Scott Building, 11th Floor 720 Bay Street Toronto, ON M7A 2S9 Subject: Request to Regulate and Enforce Odour and Lighting Nuisances Related to the Cultivation of Cannabis Plants Dear Minister/Attorney General Lametti, Premier Ford and Attorney General Downey: At its meeting of April 22, 2020, Hamilton City Council approved Item 5.4(d), which reads as follows: 5.4 (d) Repeal and Replace Public Nuisance By-law 09-110 and Amend Administrative Penalty By-law 17-225 (PED20076) (City Wide) (a)That the draft by-law, attached as Appendix "A" to Report PED20076, which repeals and replaces By-law 09-110, being a By­ law to Prohibit and Regulate Certain Public Nuisances within the City of Hamilton, and amends the Administrative Penalties By-law 17-225 which has been prepared in a form satisfactory to the City Solicitor, be approved and enacted by Council; (b)That the Mayor be directed, on behalf of the City of Hamilton, to write to the relevant federal and provincial governments to regulate ... /2 71 MAIN STREET WEST, 2ND FLOOR, HAMILTON, ONTARIO L8P 4Y5 PHONE 905.546.4200 FAX: 905.546.2340 Page 2 and enforce odour and lighting nuisances related to the cultivation of cannabis plants; (c)That the Mayor contact the Premier of Ontario, Minister of the Attorney General, and local Members of Parliament to request that the Province extend authority to Municipalities to enforce odor and lighting nuisance complaints stemming from licensed and unlicensed cannabis cultivations within the its jurisdiction; and, (d)That the request be sent to other municipalities in Ontario, including the Association of Municipalities of Ontario for their endorsement. We respectfully request your consideration with regard to this request and look forward to your response. Fred Eisenberger Mayor Copied: The Honourable Filomena Tassi, M.P., Hamilton West, Ancaster, Dundas Scott Duvall, M.P., Hamilton Mountain Bob Bratina, M.P., Hamilton East-Stoney Creek David Sweet, M.P., Flamborough -Glanbrook Matthew Green, M.P. , Hamilton Centre Andrea Horwath, Opposition Party Leader, NOP of Ontario, M.P.P Hamilton Centre Monique Taylor, M.P.P., Hamilton Mountain Paul Miller, M.P.P., Hamilton East-Stoney Creek Donna Skelly, M.P.P., Flamborough-Glanbrook Sandy Shaw, M.P.P. Hamilton West-Ancaster-Dundas Association of Municipalities of Ontario Municipalities of Ontario Sincerely , ~ Township of Mapleton 7275 Sideroad 16, Box 160, Drayton, Ontario NOG 1PO Phone: 519-638-3313 Fax: 519-638-5113 Toll Free: 1-800-385-7248 www.mapleton.ca April 21, 2020 To: Municipalities of Ontario – by email Re: A Resolution to Request the Province of Ontario Review the Farm Property Class Tax Rate Programme in Light of Economic Competitiveness Concerns between Rural and Urban Municipalities Please be advised that at its March 10, 2020 meeting, the Council of the Township of Mapleton carried the following Resolution 2020-04-14: WHEREAS the Province of Ontario implemented changes to property assessment and introduced taxation reform which came into effect in 1998; AND WHEREAS prior to 1998 farm properties were subject to taxation at the base residential tax rate and qualified farmers applied annually to the province to be reimbursed 75% of the farm portion of the taxes paid to the local municipality; AND WHEREAS the province changed the method of delivering farmer’s rebates by creating the Farm Property Class Tax Rate Programme under the jurisdiction of the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA); AND WHEREAS rather than apply annually and wait for property tax rebates, the delivery of the programme shifted to local municipal governments and onto the property tax system; AND WHEREAS eligible farmland assessment values are now locally subsidized by 75% of their full current value assessment (CVA) to produce a lower weighted assessment base which is used for tax rate setting purposes; AND WHEREAS the effect of the locally subsidized weighted assessment shifts an increased burden of tax onto all other property classes within the municipality; AND WHEREAS these taxation reforms were originally supposed to be revenue neutral and offset by funding from the Ontario Municipal Partnership Fund (OMPF) and its predecessor the Community Reinvestment Fund (CRF); AND WHEREAS the province has been reducing support from the Ontario Municipal Partnership Fund while the cost of the farm tax rebate programme is continuously increasing; AND WHEREAS an economically competitive agricultural industry provides affordable food and agricultural products to all Ontarians and is a provincial objective that should be cost shared amongst all of its citizens; AND WHEREAS the cost of this programme disproportionately falls upon property taxpayers in rural municipalities; AND WHEREAS higher property taxes in rural municipalities is creating economic competitiveness issues between rural and urban municipalities; (over for page two) Township of Mapleton 7275 Sideroad 16, Box 160, Drayton, Ontario NOG 1PO Phone: 519-638-3313 Fax: 519-638-5113 Toll Free: 1-800-385-7248 www.mapleton.ca Page 2 of 2, Mapleton Resolution Re: Prov. Review of Farm Property Class Tax Rate Programme AND WHEREAS the province hasn’t undertaken a review of this programme since it was implemented in 1998; NOW THEREFORE the Council of the Township of Mapleton requests that: 1. The Province of Ontario undertake a review of the Farm Property Tax Class Rate Programme to determine: a. The appropriateness of the cost of the Farm Property Tax Class Rate Programme falling disproportionately amongst rural residential and business property owners when the benefit of an economically competitive agricultural industry and affordable food and agricultural products is a provincial objective that should be shared amongst all taxpayers in Ontario; b. The adequacy of funding being provided to rural municipalities to offset the cost of the Farm Property Tax Class Rate Programme; c. The differences between the amount of property taxes paid in rural and urban municipalities and the root causes of those differences; d. Economic competitiveness concerns with disproportionately higher average property taxes being paid in rural municipalities; e. Other methods of delivering the farm tax rebate programme to farmland owners where the cost can be shared province-wide. AND BE IT FURTHER RESOLVED THAT this motion be sent to Hon. Doug Ford, Premier of Ontario, Hon. Steve Clark, Minister of Municipal Affairs and Housing, Hon. Rod Phillips, Minister of Finance, Hon. Ernie Hardeman, Minister of Agriculture, Food & Rural Affairs, MPP Randy Pettapiece, Hon. Ted Arnott, all Ontario Municipalities, Rural Ontario Municipal Association (ROMA) and Association of Municipalities of Ontario (AMO). Attached you will find the County of Wellington Committee Report dated January 16, 2020 regarding the ‘Farm Property Class Tax Rate Programme’ for review and consideration. Should you have any questions or concerns, please contact the undersigned. Sincerely Larry Wheeler Deputy Clerk Attach. (1) COMMITTEE REPORT To: Chair and Members of the Administration, Finance and Human Resources Committee From: Ken DeHart, County Treasurer Date: Thursday, January 16, 2020 Subject: Farm Property Class Tax Rate Programme Background: The Province of Ontario implemented changes to property assessment and introduced taxation reform which came into effect in 1998. Prior to this, farm properties were subject to taxation at the base residential tax rate and farmers applied annually to the Minister of Finance to be reimbursed 75% of the farm portion of taxes paid to the local municipality. As part of assessment reform, the Province changed the method of delivering farmer’s rebates by creating the Farm Property Class Tax Rate Programme under the jurisdiction of the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Under the new programme, rather than apply annually and wait for property tax rebates, delivery of the programme shifted to local municipal governments and onto the property tax system. Eligible farmland assessment values are now discounted by -75% of their full current value assessment (CVA) to produce a lower weighted assessment base which is used for tax rate setting purposes. With residential tax rates being the benchmark ratio of 1.0, farmlands have been set in legislation to have a 0.25 ratio or lower. The effect of the discounted weighted assessment shifts an increased burden of tax onto all other property classes in the County by way of increasing the benchmark tax rate. Doing so has a pronounced effect on the residential sector which comprises 78% of the County’s levy base. By comparison, farmland taxes comprise 7% of the total levy base. Challenges facing Rural Municipalities Shifting of farmland discounted assessment onto residential taxpayers is specific to rural municipalities. Schedule A shows the difference between raw (unweighted) assessment roll values and resulting weighted assessment in Wellington County as compared to a typical urban mun icipality. In 2019 the residential tax class comprised 68.02% of Wellington County’s assessment base , but the residential class pays 77.91% of property taxes once tax ratios are factored in. The farmland ratio of 0.25 has the effect of increasing the residential tax burden by approximately 10% across the County. 2019 CVA % raw CVA WTD CVA % Wtd CVA 2019 Levy % of Levy Residential 12,584,607,345 68.02%12,584,474,157 77.91%77,709,877 77.91% Multi Residential 86,932,592 0.47%165,171,925 1.02%1,019,946 1.02% Farmland 4,499,862,369 24.32%1,124,965,592 6.96%6,946,730 6.96% Commercial 863,761,038 4.67%1,287,867,708 7.97%7,952,660 7.97% Industrial 368,081,028 1.99%882,959,280 5.47%5,452,326 5.47% Pipeline 41,303,954 0.22%92,933,897 0.58%573,872 0.58% Managed Forest 55,959,714 0.30%13,989,929 0.09%86,389 0.09% County Total 18,500,508,040 100.00%16,152,362,486 100.00%99,741,800 100.00% 199 Conversely, in an urban municipality with very little farm tax class, the residential assessment base of 78.50% is reduced to 66.27% of total weighted assessment used for tax rate setting purposes. A reduction of more than 12% off the residential tax burden. This causes Wellington County economic competitiveness issues for the County’s southern municipalities that border a number of urban municipal centres. Tax policy treatment greatly favours urban municipalities in Ontario. Since the cost of providing the Farm Property Class Tax Rate Programme was downloaded by the province in 1998; provincial funds have been allocated annually to rural municipalities to offset the tax loss. This was supposed to be a revenue neutral allocation. However, each year transfer amounts from the Ontario Municipal Partnership Fund (OMPF) continue to decline. The Table below shows that a total tax levy of $34,669,691 was necessary in order to provide the farmland tax incentive rebate benefiting 5,807 farm property owners in Wellington. The OMPF allocation county-wide in 2019 was $7,065,800 leaving a shortfall of more than $27 million in levy which is shifted onto every other property owner in Wellington County. This translates to $754 per property in the County or 15.7% of total taxes for the typical homeowner. This is a significant amount of additional property tax burden that our residents continue to bear annually and which are subject to increase depending on market value of farmlands. In essence, County residents are providing the -75% rebate instead of the Province for the Farm Property Class Tax Rate Programme, creating significant financial hardship amongst our ratepayers and limiting the County’s economic competitiveness with neighbouring jurisdictions. Municipal Municipal Municipal County Rebate*Total Additional Municipality Rebates OMPF Grant Levy Impact Distribution Levy Required Puslinch 232,040$ 415,700$ (183,660)$ 2,846,353$ 2,662,693$ Guelph/Eramosa 1,137,235$ 490,300$ 646,935$ 3,120,713$ 3,767,649$ Erin 890,468$ 593,300$ 297,168$ 2,852,697$ 3,149,866$ Centre Wellington 1,987,127$ 319,600$ 1,667,527$ 5,553,231$ 7,220,758$ Mapleton 5,235,570$ 837,400$ 4,398,170$ 1,961,338$ 6,359,507$ Minto 1,446,483$ 1,604,600$ (158,117)$ 1,153,001$ 994,884$ Wellington North 2,900,554$ 1,296,800$ 1,603,754$ 1,844,780$ 3,448,534$ Wellington County 20,840,213$ 1,508,100$ 19,332,113$ Total 34,669,691$ 7,065,800$ 27,603,891$ 19,332,113$ 27,603,891$ Total Properties **36,607 Tax per property $754 Less # of Farms 5,807 30,800 Excluding farms $896 Population 97,610 Tax per resident $283 * County farm rebate distribution based on local municipal levy % share ** excludes special/exempt properties WELLINGTON COUNTY - 2019 FARMLAND PROPERTIES OMPF FUNDING TO MITIGATE COST OF FARM PROPERTY CLASS TAX REBATE Additional levy required to provide farm rebate after OMPF grant 200 Farm Application Deadline Requirements Another challenge faced by rural municipalities is how the farm application and deadline requirements are administered by OMAFRA (now by AgriCorp). In any given year, many farm owners do not submit their applications within the specified deadline. The result is that many bona fide farm properties end up ‘flipping’ out of the discounted farm class and into the full residential tax class upon the next roll return. The assessment of these farm values are no longer discounted when calculating total weighted assessment, which is used for tax rate setting purposes. This creates two distinct ongoing problems for rural municipalities. One is that the benchmark residential tax rate is lower than it otherwise would be; and two, upon approval of the late applications by OMAFRA, municipalities must refund the -75% difference in farm taxes retroactive to January of the current or sometimes even the preceding taxation year. There is no administrative or monetary penalty for late applications. Each year Wellington County finds approximately $20,000,000 of farmland valuation excluded from the farmland discount programme due to late applications. This year staff identified a major anomaly with farmland assessment loss of close to $90,000,000. Upon enquiry, it was reasoned that the extremely high change in farm CVA was due to administrative changes as programme delivery shifted from OMAFRA to AgriCorp. County staff expect that most of the outstanding farm applications will be approved and revert back to the farm tax rate during 2020. Staff have included an additional $300,000 in estimated property tax write -offs into the 2020 budget to set aside additional funds in preparation for the County’s share of potential write-offs as tabled below: Farmland Property Assessment Valuation The Municipal Property Assessment Corporation (MPAC) is responsible for placing current market value assessment (CVA) on all properties in Ontario. The most recent province -wide reassessment updating the base year to January 1, 2016 was returned for the 2017 tax year. As mandated by the Province, any assessment increases are phased-in over a 4-year cycle. MPAC reported the average farmland increase province-wide was 64% and residential CVA increased by 18%. By comparison, Wellington County CVA has increased by 68% and 13% respectively. PUSLINCH GET ERIN CTR WELL MPLTN MINTO WN COUNTY Est Prop Count -20 -24 -26 -18 -22 -19 -28 -157 Farm CVA Loss 8,500,000 17,500,000 13,000,000 10,000,000 19,000,000 5,000,000 16,500,000 89,500,000 Res Tax Rate 0.00167135 0.00260652 0.00295749 0.00321969 0.00476387 0.00544891 0.00481749 0.00617506 Res Taxes 14,206 45,614 38,447 32,197 90,514 27,245 79,489 552,668 Farm Tax Rate 0.00041784 0.00065163 0.00073938 0.00080492 0.00119097 0.00136223 0.00120437 0.00154376 Farm Taxes 3,552 11,404 9,612 8,049 22,628 6,811 19,872 138,167 Potential w/o *($10,655)($34,211)($28,835)($24,148)($67,885)($20,433)($59,616)($414,501) * excludes Education Tax Component Grand Total*($660,285) 2019 FARMLAND CVA CHANGE OVER TO RESIDENTIAL RT CLASS (Between September 25 in-year growth and final November 2019 growth) Possible write-off amounts IF all properties revert back to AGRICORP approved FTIP 201 In the 2016 Assessment Update Summary, MPAC reports they have strengthened the accuracy and equity of farm valuations by improved sales verification processes of bona fide farmer-to-farmer sales along with undertaking a comprehensive review of vacant farmland sales as far back as January 2008. They report that upward trends continue to increase provincially as demand for farmland outweighs the supply and non-agricultural buyers continue to purchase farmlands creating comp etition. Agri- Food Canada reported the net worth of an average farm was expected to reach $2.8 million in 2017. Staff conducted a preliminary review of open market farm sales in Wellington County during 2018 and 2019. The data reveals that the current 2016 base year CVA of farm properties sold continue to be under-assessed by 27.43%. Sale prices ranged from $26,000 to $4,200,000. Assessment Act Considerations Current value assessment is defined as “the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer.” For farm properties, the province has clearly indicated that farm properties are to be treated different from the concept of current value. Section 19(5) of the Assessment Act requires that current value of the land and buildings should only be used when sales are for farm-purposes only and reflect the productivity of the land for farming purposes. MPAC assessment methods must only consider farmer-to-farmer sales. In this case, the Assessment Act requires MPAC to exclude any sales to persons whose principal occupation is other than farming. This has the effect of excluding any other type of buyer and highest and best -use considerations from current value assessment. From a land productivity perspective, land classes are adjusted for their productivity. For example, Class 1 farmlands are the most productive for crops, while on the other end of the scale, Class 6 is for swamp and scrublands that are the least productive. Lands in Wellington County and in particular, the southern portion of the County sell for far more per acre than what farms are assessed at for farm purposes. Analysis undertaken with regard to current assessment appeals shows that the best lands (Class 1) are currently being assessed in the $14,000 to $16,000 per acre range for farms. Sales of larger land holdings are selling in the range of $20,000 to $25,000 per acre range. The intent of Section 19(5) of the Assessment Act is to limit and protect f arm property from current value considerations outside of farming. This means that generally speaking, farms are naturally under-assessed from general market considerations – providing favourable assessments to the farming community in comparison to true market value. Wellington County 2019 Farm Sales 2018 Farm Sales Total Sales Number of valid farm sales 97 108 205 Total CVA of farm sales 90,515,500 89,366,400 179,881,900 Combined sale prices 130,333,790 117,533,356 247,867,146 Difference sales to assessment 39,818,290 28,166,956 67,985,246 As a percentage 30.55%23.97%27.43% * source MPAC Municipal Connect 202 Other Assessment Considerations  Farm owners who reside on the property do pay a residential tax component for their home plus one acre of land at the farmland rate. However, the valuation is based on a replacement cost method that produces a much lower value ($223,125) than non-farm residences ($424,187) as shown here on the average (County) property value and tax comparison.  As seen above, while the average farm value is assessed at over 2.6x the value of the average residential property, overall taxes are comparable.  According to MPAC’s 2019 Market Change Profile report, of the 6,465 properties classified as farms, 1,892 are owned and/or occupied by non-farmers. Although the property owners are not engaged in farm activity or business, their properties are valued as if they are. These non-farmers benefit from lower residential structure values and lower land values, which translate to lower taxes simply by nature of leasing their land to a bona fide local farmer. This treatment can be perceived as rather unfair to typical residential property owners in Wellington County.  Many owners of farmland also enjoy other property tax discounts if they are eligible to enter into either the Managed Forest Tax Incentive Programme (0.25 ratio) or the Conservation Land Programme which is fully exempt from property taxes.  In order to receive the farm class tax discount, the owner must have a Farm License and be in the business of farming. Municipal taxes paid are then able to be written off as a business expense on annual income tax returns. Whereas residential property owners are not able to do so. Impacts of Assessment Increases on the Farming Community Being predominantly a rural community with strong roots planted in farm trades, Welli ngton County farmers observed significant increases in their farmland valuation . It is acknowledged that farmland values have increased significantly in the County of Wellington. In the 2012 base year valuation, farmland made up 19.8% of the County’s assessment base and 5.4% of the taxable assessment base. For the 2016 base year valuation, farmland now makes up 25.1% of the Wellington County assessment base and 7.2% of the taxable assessment base. Recently, groups such as the Christian Farmers Federation of Ontario (see correspondence received on this agenda) and the Ontario Federation of Agriculture began approaching local Councils to lower the farmland ratio below 0.25 in order to help offset property tax increases. Their efforts have been successful in some municipalities. Schedule B lists the municipalities that have implemented farmland ratio reductions in Ontario as reported to BMA Consultants in the 2019 Municipal Study Report. Average 2019 Farm and Residential Value and Taxes 2019 farm house CVA 223,125 2019 Average Residential Property CVA $424,187 2019 Farmland CVA 901,900 Average 2019 total farm CVA $1,125,025 2019 farm house taxes $2,526 2019 farmland taxes $2,553 2019 total farm taxes $5,079 2019 Average residential taxes $4,803 203 When reviewing the list of municipalities on Schedule B, the majority of those municipalities have very little farmland valuation. Many of the urban municipalities that have granted farm ratio reductions have a much higher commercial and industrial base and farmland makes up a much lower percentage of their assessment base than Wellington County. Many of the other Counties and rural municipalities that have granted ratio reductions (Brant, Chatham-Kent, Dufferin, Grey, Lambton and Oxford) are located further away from the GTA. These municipalities generally have lower residential assessment values and are not competing with GTA municipalities for business to the same extent as Wellington County. Property Taxes as a Percentage of Income  OMAFRA reported that in 2018, Wellington County farmers generated $804,000,000 of revenue at the farm gate. The table below shows farm property taxes as a percentage of farm income to be 1.49%. Average household income in Wellington County for the same period was $118,474. Average property tax as a percentage of residential income was significantly higher at 4.02%. Closing Comments Farmland values have been increasing significantly in the County of Wellington, much like other areas of the province. However, there does not appear to be an imbalance in the level of property tax burden shared by the local farming community in comparison to the average resi dential taxpayer in Wellington County. Under current legislation, farmland benefits from favourable property tax and assessment treatment. The County’s current assessment base cannot bear a further shift from farmland taxe s onto other property types and maintain its economic competitiveness. Wellington County does not have a comparable commercial and industrial assessment base to neighbouring urban municipalities that would support such a shift without significantly burdening our residential and business class owners. Provincial grants such as the Ontario Municipal Partnership Fund, which were originally setup to compensate rural municipalities for the loss in farm taxes has been declining, leaving Wellington County taxpayers to support the industry without adequate province-wide cost sharing. Wellington County is supportive of its local farming community. We recognize the importance of the agricultural industry on the County and in the Province of Ontario. Wellington supports the farming communities’ interests in remaining economically competitive. The County is supportive of returning Average Farm and Residential Assessment and Taxation 2018 County average residential value 409,368 Total average property taxes *4,764 Average income 118,474 Portion of residential income devoted to property taxes 4.02% Total farm taxes paid in Wellington County *11,971,488 County farmers income **804,000,000 Portion of farm income devoted to property taxes 1.49% * total taxes include County, local and Education 204 the responsibility of funding the farm property class tax rebate programme back to the Province where it could be shared province-wide. Residents in urban municipalities, while retaining the benefits of cheap food and agricultural products, are not contributing financially to the economic competitiveness of the industry. Recommendation: That the Farm Property Class Tax Rate Programme report be received for information; and That Wellington County support agricultural industry efforts in lobbying the Province to provide adequate funding to rural municipalities; and That County Council pass a resolution in support of returning the responsibility of administering the Farm Property Class Tax Rate Programme back to the Province. Respectfully submitted, Ken DeHart, CPA, CGA County Treasurer 205 SCHEDULE A Farm Property Class Tax Rate Programme 206 Municipality *Ratio Farmland CVA ** Brant County 0.2400 1,319,886,818 Caledon 0.1708 998,099,123 Chathan-Kent 0.2200 5,281,633,220 Dufferin County 0.2300 1,174,945,084 Durham Region 0.2000 2,416,491,305 Greater Sudbury 0.2000 30,618,833 Grey County 0.2400 2,659,127,624 Halton Region 0.2000 971,078,709 Hamilton 0.1767 1,390,781,027 Kingston 0.2125 81,575,403 Lambton County 0.2260 4,794,630,528 London 0.1028 425,488,846 North Bay 0.1500 605,465 Ottawa 0.2000 1,561,813,865 Oxford County 0.2350 5,665,102,027 Prince Edward County 0.2319 401,646,726 Sarnia 0.2260 181,579,114 Average Ratio & CVA 0.2036 1,726,770,807 Wellington County 0.2500 4,464,961,956 * 2019 BMA Study Report - participating municipalities ** from MPAC Provincial Market Change Profile Report SCHEDULE B Farm Property Class Tax Rate Programme Municipalities with Farmland Ratio Reductions Implemented - 2019 207 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: May 11, 2020 REPORT: CAO-21/20 SUBJECT: CAPITAL ITEM PW-01 BAYNOR SOUTH BRIDGE BACKGROUND On October 1, 2019, the Council of the Corporation of the Municipality of Bayham passed the following resolution: T HAT Report TR-13/19 re 2020-2029 Capital Budget - Draft be received for information; AND THAT Council approve in principle the 2020-2029 Capital Budget. The 2020 Capital Budget includes Capital Item No. PW -01 Baynor South Bridge - $575,000. Baynor South Bridge is a boundary road structure. Norfolk County is responsible for 50% of the costs associated with the replacement of the structure. The Municipality of Bayham is managing the replacement of Baynor South Bridge structure on behalf of the Municipality of Bayham and Norfolk County. DISCUSSION RFT 20-02 Baynor South Bridge/Culvert was issued on April 14, 2020. RFT 20-02 closed on April 30, 2020 at noon. The results of RFT 20-02 are as follows: RFT 20-02 Baynor South Bridge/Culvert Bidder Bid Froese Excavating Ltd. $436,979.96+HST Cassidy Construction $466,161.10+HST Gary D. Robinson Contracting Ltd. $490,930.00+HST Schouten Excavating $692,562.00+HST J-AAR Excavating Ltd.$810,030.50+HST As attached, Spriet Associates recommends awarding RFT 20-02 to Froese Excavating Ltd. in the amount of $436,979.96+HST. RECOMMENDATION 1.THAT Report CAO-21/20 re Capital Item No. PW -01 Baynor South Bridge be received for information; 2.AND THAT staff be directed to bring forward a by-law to authorize the execution of an agreement with Froese Excavating Ltd. for Capital Item PW -01 in the amount of $436,979.96+HST. Respectfully Submitted by: Paul Shipway CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z710-2020 L.P.R.C.A. – D. PROPPER 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 “I” by changing the zoning symbol on the lands from Tourist Commercial (C3), holding Tourist Commercial (C3(h2)) and Open Space 1 (OS1) to site-specific Tourist Commercial (C3-1) Zone, which lands are outlined in heavy solid lines and marked C3-1 on Schedule “I” 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 19.13 Exceptions – Tourist Commercial (C3) Zone by adding the following clauses: 19.13.1.1 Defined Area C3-1 as shown on Schedule “I” to this By-law. 19.13.1.2 Permitted Uses Seasonal travel trailer park, campground and marina with a maximum of forty-seven (47) permanent seasonal travel trailer sites, twenty (20) seasonal travel trailer sites and twenty-four (24) day use camp sites 19.13.1.3 Minimum Rear Yard Setback 1.0 metre (south half north side) 19.13.1.4 Minimum Side Yard Setback Zero (south side), including a permanent existing boathouse building 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 Planning Appeal Tribunal. Z710-2020 Page 2 READ A FIRST TIME AND SECOND TIME THIS 11th DAY OF MAY 2020. READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF MAY 2020. MAYOR CLERK Z710-2020 Page 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-047 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN GRAHAM ESTATES INC. 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 Graham Estates Inc. 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 Graham Estates Inc. 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 11th day of May 2020. READ A THIRD TIME AND FINALLY PASSED this 11th day of May 2020. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-048 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN LONG POINT REGION CONSERVATION AUTHORITY 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 Long Point Region Conservation Authority (LPRCA). 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 Long Point Region Conservation Authority (LPRCA) 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 11th day of May 2020. READ A THIRD TIME AND FINALLY PASSED this 11th day of May 2020. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-049 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN LONG POINT REGION CONSERVATION AUTHORITY 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 also enter into a Development Agreement with Long Point Region Conservation Authority; 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 Development Agreement between The Corporation of the Municipality of Bayham and Long Point Region Conservation Authority 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 11th day of May 2020. READ A THIRD TIME AND FINALLY PASSED this 11th day of May 2020. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-050 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE GREWAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Part of Lot 123, Concessions S.T.R., Municipality of Bayham AND WHEREAS , the Council of the Municipality of Bayham has procured Engineer Report No. 219081, prepared by Spriet Associates, dated April 23, 2020, which is attached hereto as Schedule “A”, and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $67,900.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 219081, dated April 23, 2020 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $67,900.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the “Branch ‘B’ of the Richmond Road Drain”. READ A FIRST AND SECOND TIME this 11th day of May, 2020 and provisionally adopted this 11th day of May, 2020. ________________________________ MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this 4th day of June 2020. ______________________________ MAYOR CLERK COURT OF REVISION – MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law #2020-050 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on June 4, 2020 at 7:30 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-051 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND FROESE EXCAVATING LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Froese Excavating Ltd. for the Baynor South Bridge/Culvert Project; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and Froese Excavating Ltd., being an agreement respecting the Baynor South Bridge/Culvert Project; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 11th DAY OF MAY, 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-052 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND DUNCOR ENTERPRISES INC. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Duncor Enterprises Inc. for surface treatment applications; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and Duncor Enterprises Inc., being an agreement respecting surface treatment applications; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 11th DAY OF MAY, 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-032 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE SPECIAL COUNCIL MEETING HELD MAY 11, 2020 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 Special Council meeting held May 11 , 2020 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 11th day of May, 2020. ____________________________ _____________________________ MAYOR CLERK