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HomeMy WebLinkAboutJuly 21, 2022 - PlanningTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — SCC Main Hall Thursday, July 21, 2022 7:30 p.m. A_ Proposed Zoning By -Law Amendment ZBA-02/22 and Official Plan Amendment OPA- 01/22 — Michael and Reta Glen C/O Barry Wade Homes Inc. B. Proposed Zoning By -Law Amendment ZBA-03/22 and Official Plan Amendment OPA- 03/22 — Bonnefield Canadian Farmland LP III , Proposed Zoning By -Law Amendment ZBA-04/22 and Official Plan Amendment OPA- 02/22 — Vienna Farms Ltd. D. Proposed Zoning By -Law Amendment ZBA-18/22 —Gerhard Blatz PRESENT MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT CAOICLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF PUBLIC WORKS STEVE ADAMS PUBLIC ATTENDEES A: LAVERNE KIRKNESS REBECCA WALKER HILARY UTTING DAN SEELEY-BEECHLER JOCELYN SEELEY-BEECHLER KIM CATTRYSSE JOHN WYLIE BLAINE ROLLINS KIM KIMBARK SCOTT BAKER BARRY WADE DON TURNER JACKIE DITCHFIELD PUBLIC ATTENDEES B: DAVID ROE MARILYN DAVIES CHANTELLE BEAUNE PUBLIC ATTENDEES C: RICK NEVILL JAMES HOWE DAVID ROE PUBLIC ATTENDEES D: GEORGE BLATZ LAUREENA SMITH JAMES HOWE DONNA SHARPE 2 Statutory Planning Minutes July 21, 2022 JANE CARNEGIE JACKIE DITCHFIELD APPLICATION A - Proposed Zoning By -Law Amendment ZBA-02/22 and Official Plan Amendment OPA-01/22 — Michael and Reta Glen C/O Barry Wade Homes Inc. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendments. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By -Law Amendment ZBA-02/22 and Official Plan Amendment OPA- 01/22 — Michael and Reta Glen C/O Barry Wade Homes Inc. THE PURPOSE of these Amendments is to change the land use designation on lands with lot area of 0.36 ha (0.89 acre) from "Residential" to "Site Specific Multi -Unit Residential" designation in the Official Plan of the Municipality of Bayham to permit the development of a townhouse block with net density of 53 units per hectare whereas net density of 35 units per hectare is the permitted maximum in the Official Plan. And furthermore, to change the zoning of the subject lands from Village Residential 1 (R1) and Holding Village Residential 1 (R1(h2)) Zones to Site -specific Village Residential 2 (R2) Zone to permit townhouse development and to permit lot area per unit of 181 m2 whereas 340 m2 is the permitted minimum, setback distance for a driveway to a street intersection of <1.0 m whereas 9.0 m is the permitted minimum, front yard setback of 1.86 m whereas 6.0 m is the permitted minimum, rear yard depth for "Block `A"' of 1.54 m and "Block `C"' of 4.58 m whereas the permitted minimum is 9.0 m, and to remove the `h2' holding symbol by way of entering into a development agreement with the municipality, in Zoning By-law Z456-2003. The subject lands are located on the east side of Robinson Street, south of Brock Street in the village of Port Burwell and known as 2 Robinson Street and 3 Erieus Street. THE EFFECT of these Amendments will be to permit a site -specific townhouse development, either standard condominium or rentals, in the form of three (3) buildings with 19 total units, including increased maximum density, reduced driveway setback from an intersection, reduced front and rear setbacks, and removal of holding provisions requiring the applicant/owner enter into development or subdivision agreement with the municipality. S. PUBLIC PARTICIPATION There were two (2) presentations made from representatives of the applicant: Laverne Kirkness, Kirkness Consulting, and Rebecca Walker, LDS Consultants. 3 Statutory Planning Minutes July 21, 2022 After the presentations, Barry Wade, property owner and applicant, noted he would speak after all those interested made their comments. The following members of the public spoke: Hilary Utting, a nearby resident, is opposed to the proposed development and voiced concerns about the general aesthetic, maintenance, obstruction of view, privacy, the existing natural habitats and the sustainability of the slope to withstand construction. Dan Seeley-Beechler, a new nearby resident, is opposed to the proposed development and voiced concerns about the number of amendments needed for this to happen and the overall biased approach from the developer's presentations. Seeley noted further concerns of construction in hazard lands, increased traffic, obstruction of view, privacy and the precedent setting this may cause if approved. Jocelyn Seeley- Beech ler, supported the opposing comments made by Dan Seeley-Beechler and added the desire for the community to not change to keep its charm. Kim Cattrysse, a nearby resident, is opposed to the proposed development and voiced concerns about increased traffic and the potential damage to her property through the construction process if approved. John Wylie is opposed to the proposed development and referenced a previous development proposal from 1999 that the community spoke against and Council adhered to the community wishes. Wylie noted his hopes that this would be the case again. Wylie noted concerns with access and egress, garbage collection, fire protection, blue flag beach status, stability of the slope and the potential negative impacts for nearby property owners on their property values. Blaine Rollins, a nearby resident, is opposed to the proposed development and noted he has the same concerns as the previous speakers. Rollins inquired if Erius Street is going to be paved and connected to support this development and who would be paying for that if so. Kim Kimbark, a nearby resident, is opposed to the proposed development and read aloud his submitted correspondence outlining various concerns. Kimbark invited all members of Council to visit his property and surrounding area. Scott Baker, a nearby resident, is opposed to the proposed development and voiced concerns of obstructing the view, privacy and the potential change to the charm of the community. Don Turner is opposed to the proposed development and noted concerns with noise and potential change to the charm of the community. Barry Wade, applicant, thanked those for their comments and acknowledged that restricted sightlines are a main concern and noted he will be working with the community and municipality to make this a success. General questions and conversations arose from the public. Mayor Ketchabaw asked those with additional questions to discuss with Mr. Wade outside. 6_ CORRESPONDENCE Public Comments Received by July 14, 2022 and included in the agenda. Statutory Planning Minutes • Anna Chibueze, June 30, 2022 email • Tracy Farmer, July 4, 2022 email + Marni Wolfe, July 4, 2022 email ■ Jodi Thibodeau, July 5, 2022 email * Faye & Symen Salverda, July 12, 2022 email • Anna Chibueze, website comment ■ Barbara Ball, website comment * Robert Griesbach, website comment Correspondence received after posting the agenda: + Kim & Michele Kimbark, July 18, 2022 letter ■ Mike Emberson, July 17, 2022 website comment • Dan Seeley-Baechler, July 18, 2022 letter ■ Scott & Laurie Baker, July 19, 2022 email ■ Debbie Hayward, July 19, 2022 email * Carolyn Baker, July 20, 2022 email * Blaine & Melissa Rollins, July 20, 2022 email * Robert & Kim Cattrysse, July 20, 2022 email • Marta Blatz, July 21, 2022 website • Dan Moody, July 21, 2022 website July 21, 2022 Planning Coordinator / Deputy Clerk Margaret Underhill read aloud comments received that were not included on the agenda and not addressed during the public participation. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Official Plan Amendment and Zoning By-law amendment be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By -Law Amendment ZBA-02/22 and Official Plan Amendment OPA-01/22 is now complete at 9:41 p.m. CARRIED APPLICATION B - Proposed Zoning By -Law Amendment ZBA-03/22 and Official Plan Amendment OPA-03/22 — Bonnefield Canadian Farmland LP III 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 9:50 p.m. Statutory Planning Minutes July 21, 2022 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 11. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT 8_ Proposed Zoning By -Law Amendment ZBA-03/22 and Official Plan Amendment OPA- 03/22 — Bonnefield Canadian Farmland LP III THE PURPOSE of these Amendments is to change the land use designation on a 54 ha (134 acre) parcel of land from "Agriculture" to "Site Specific Agriculture" designation in the Official Plan of the Municipality of Bayham to permit a permanent large scale supplementary farm dwelling with gross floor area of 321 m2 (3,455 ft2) to seasonally house a maximum twenty-four (24) offshore farm labourers being transported to and from nine (9) leased farm parcels in the area; and to change the zoning on the same lands from Agricultural (All -A) Zone to a Site Specific Agricultural (Al-A-xx) Zone to permit: a large scale supplementary farm dwelling use noted above; and minimum 2.3 ha (5.7 acres) farmland area worked per labourer, in Zoning By-law Z456-2003. The subject lands are located on the south side of Chute Line, on the west side of Toll Gate Road and known as 56237 Chute Line. THE EFFECT of these Amendments will be to permit a site -specific large scale supplementary farm dwelling, which exceeds the preferred permanent building with maximum floor area of 167 m2 (1,797 ft2) in the Official Plan and to recognize the labourers working on 9 separate leased farm parcels, as part of a combined maximum one hundred and forty four (144) labourers living in four (4) existing and one (1) proposed (subject lands) supplementary farm dwelling on the leased farm parcels, in the Official Plan and Zoning By-law. 13. PUBLIC PARTICIPATION David Roe, agent for the applicant, gave an overview of the application and advised that a planning justification report was submitted with the application. Roe noted that certain community concerns will be addressed during the Site Plan process. Marilyn Davies, a nearby resident, is opposed to the proposal and noted concerns of enjoying their property as traffic, noise and dust will increase. Davies noted the understanding that there needs to be workers and needs to be accommodations but does not want it here. Marilyn Davies read aloud letters submitted from Lena and John Knelsen, opposed to the proposal Chantelle Beaune, a nearby resident, is opposed to the proposal and noted concerns of increased traffic, noise, dust and garbage. Beaune also noted a safety concern for those who walk along the road and the possible decrease in property value. 14. CORRESPONDENCE No correspondence received as of July 14, 2022 for inclusion to agenda. Statutory Planning Minutes July 21, 2022 Correspondence received after posting the agenda: a Judy and Randy Marlatt, July 18, 2022 letter 0 Chantelle Beaune and Phil Eastman, July 21, 2022 letter • Richard Bezzo, July 21, 2022 email Marilyn Davies, July 21, 2022 letter • John Knelsen, July 21, 2022 letter Lena Knelsen, July 21, 2022 letter Planning Coordinator / Deputy Clerk Margaret Underhill read aloud comments received that were not included on the agenda and not addressed during the public participation. 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Official Plan Amendment and Zoning By-law amendment be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By -Law Amendment ZBA-03/22 and Official Plan Amendment OPA-03/22 is now complete at 10:14 p.m. CARRIED APPLICATION C - Proposed Zoning By -Law Amendment ZBA-04/22 and Official Plan Amendment OPA-02/22 — Vienna Farms Ltd. 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 10:15 p.m 18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 19. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT C. Proposed Zoning By -Law Amendment ZBA-04/22 and Official Plan Amendment OPA- 02/22 —Vienna Farms Ltd. FI Statutory Planning Minutes July 21, 2022 THE PURPOSE of these Amendments is to change the land use designation on a 2.48 ha (6 acre) parcel of land from "Agriculture" to "Site Specific Agriculture" designation in the Official Plan of the Municipality of Bayham to permit a permanent large scale supplementary farm dwelling in an existing dwelling with gross floor area of 304.9 m2 (3,282 ft2) to seasonally house a maximum twenty-nine (29) offshore farm labourers being transported to and from nine (9) leased farm parcels; and to change the zoning on the same lands from Agricultural (Al) Zone to a Site Specific Agricultural (Al-xx) Zone to permit: a large scale supplementary farm dwelling use noted above; minimum 2.3 ha (5.7 acres) farmland area worked per labourer; reduced lot area; and, reduced building yard setbacks, in Zoning By-law Z456-2003. The subject lands are located on the west side of Plank Road, north of Glen Erie Line and known as 4964 and 4968 Plank Road. THE EFFECT of these Amendments will be to permit a site -specific large scale supplementary farm dwelling, which exceeds the preferred permanent building with maximum floor area of 167 mz (1,797 ft2) in the Official Plan and to recognize the labourers working on 9 separate leased farm parcels, as part of a combined maximum one hundred and forty four (144) labourers living in four (4) existing and one (1) proposed supplementary farm dwellings on the leased farm parcels, in the Official Plan and Zoning By-law. Furthermore, the effect will be to permit existing undersized agricultural lot area and building locations within required yard setbacks. 21. PUBLIC PARTICIPATION David Roe, agent for the applicant, gave an overview of the application and advised that a planning justification report was submitted with the application. Roe noted that certain community concerns will be addressed during the Site Plan process. Rick Nevill, a nearby resident, is opposed to the proposal and noted concerns of currently already using the property for this and questioning who will monitor what is approved vs what is happening on the property. Nevill is concerned with loss of enjoyment of his property as there are already issues from the workers. James Howe supported Rick Nevill's comments and concerns and noted he hopes the workers can be placed elsewhere. 22. CORRESPONDENCE No correspondence received as of July 14, 2022 for inclusion to agenda. Correspondence received after posting the agenda: • Bob Heimbuch, July 18, 2022 letter Rick and Cheryl Nevill, July 20, 2022 letter Planning Coordinator / Deputy Clerk Margaret Underhill read aloud comments received that were not included on the agenda and not addressed during the public participation. 23. OTHER BUSINESS No other business. Statutory Planning Minutes 24. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler July 21, 2022 THAT the Official Plan Amendment and Zoning By-law amendment be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By -Law Amendment ZBA-04/22 and Official Plan Amendment OPA-02/22 is now complete at 10:31 p.m. CARRIED APPLICATION D - Proposed Zoning By -Law Amendment ZBA-18/22 — Gerhard Blatz 25. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 10:32 p.m. 26. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 27. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 28. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT D. Proposed Zoning By -Law Amendment ZBA-18122 — Gerhard Blatz THE PURPOSE of this By-law is amendment to change the zoning regulations on a 1.2 ha (2.97 acre) parcel of land to add an additional permitted use of a mobile home park manager residential dwelling unit in a portion of an existing accessory building, in Zoning By-law Z456-2003. The subject lands are located at 12 Elizabeth Street, east side, south of Wellington Street in the village of Port Burwell. THE EFFECT of this By-law will be to permit one mobile home park site manager apartment in the second storey of an existing accessory building. 29. PUBLIC PARTICIPATION Gerhard Blatz, owner, spoke to the proposal and noted there have been rumours for it to be a 3 bedroom apartment and noted this is not the intent. It is intended for a park manager residence as a bachelor apartment. Laureena Smith, Grace Court Park resident, is opposed to the proposal and noted concerns with access to the barn and issues from a previous tenant using the barn. Smith noted she is not completely opposed to the idea but hopes a different access to the barn can be established that is not outside her bedroom window. Statutory Planning Minutes July 21, 2022 James Howe, nearby resident, supported Smith's comments and is not supportive of granting access across his property similar to what 2, 4, and 6 Elizabeth Street have presently. 30.CORRESPONDENCE Public Comments Received by July 14, 2022 included in the agenda: Carl & Laureena Smith, July 6, 2022 letter Correspondence received after posting the agenda: • David & Donna Bolt, July 18, 2022 letter Carl & Laureena Smith, July 18, 2022 letter • Bob Smolders, July 18, 2022 letter • Dennis Babcock, July 18, 2022 letter • Home Owners of Grace Court Park Unit 7, July 18, 2022 letter Planning Coordinator / Deputy Clerk Margaret Underhill read aloud comments received that were not included on the agenda and not addressed during the public participation. 31. OTHER BUSINESS No other business. 32. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-18/22 is now complete at 10:47 p.m. CARRIED MAYOR �� CL