Loading...
HomeMy WebLinkAboutBy-law No. 2022-058AMENDMENT NUMBER 28 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Vienna Farms Ltd. 4964 and 4968 Plank Road The following text constitutes Amendment Number 28 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2022-058, in accordance with Section 17 of the PLANNING ACT, on the 18th day of August 2022. MAYOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-058 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 28 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 28 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 18th day of August 2022. MAYOR G �TERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 28 1. PURPOSE The purpose of the Official Plan Amendment is to change the land use designation on the 2.48 ha (6 acre) parcel of land from "Agriculture" to "Site Specific Agriculture" to permit a permanent large scale supplementary farm dwelling (hereafter "the subject dwelling") in an existing dwelling with floor area of 304.9 m2 (3,282 ft2) to accommodate a maximum twenty-nine (29) seasonal offshore farm workers on the existing apple farm administration and storage lot at 4964 and 4968 Plank Road, where the workers are transported daily to and from nine (9) leased farm parcels. The Official Plan Amendment would facilitate the concurrent Zoning By-law Amendment application to change the Zoning By-law regulations from Agricultural (Al) Zone to Site Specific Agricultural (Al-_) Zone to permit: proposed large scale supplementary farm dwelling as mentioned above; minimum 2.3 ha (5.7 acres) farmland area worked per labourer; minimum amenity area for the subject dwelling of 500 m2 (5,382 ft2); existing reduced lot area in the Al Zone; and, reduced existing building yard setbacks, in Zoning By-law Z456-2003. 2. LOCATION The area affected by this amendment is an agricultural lot in an agricultural area, located on Part 1, Registered Plan 11 R876, Concession 2, Lot 14, on the east side of Plank Road, north of Glen Erie Line and the Village of Port Burwell, and known municipally as 4964 and 4968 Plank Road, an Elgin County road. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an undersized agricultural lot used for apple collection and storage and farm operation office activities. The apples are grown, harvested and collected from nine (9) leased orchard farms with approximately 283 ha (700 ac) of orchards in the area on parcels totaling 364 ha (900 ac) area. The workers are bussed to/from these locations from the subject lands. The farm operation employs 10 full time employees and hires up to 144 offshore seasonal workers. They employ up to 9 seasonal labourers in the early season; approximately 45 in the spring and gradually increase up to 144 workers for the fall harvest season. Additionally, up to 2 seasonal workers are employed in the winter months for repair and maintenance purposes associated with the warehouse building. The subject lands are bounded by a utility corridor to east, a single detached dwelling to the south, a small farm holding with a single detached dwelling to the north and vacant natural heritage lands associated with the Big Otter Creek to the west. The subject dwelling is located on the north portion of the lot in proximity to Plank Road; approximately 40 m (131 ft) from the office building and 80 m (262 ft) from the large storage building on site; with private access and existing landscape features, in the form of grassed areas and several rows of trees, providing amenity space and buffering to the farm activities. There is a dwelling located approximately 40 m to the north of the subject dwelling with some existing buffering by way of a hedge/tree row on both properties, evident in recent aerial photography. The applicants have offered to consider visual barriers to mitigate potential land use conflict to the neighbouring residential use. The proposed amendment is consistent to agricultural policies in the Provincial Policy Statement, 2020 (hereafter "PPS") and the Elgin County Official Plan. The PPS permits and protects agricultural -related uses on prime agricultural land. Section 2.3.3.1 specifically promotes and protects all sizes of, and intensities of agricultural uses and Section 2.3.3.2 promotes and protects all types and sizes of farm operation. The definition of agricultural use includes accommodation for full time farm help based on the size and nature of the farm operation. The farm operation could be considered an important part of a viable agricultural system and agri-food network as defined in the PPS. The PPS does not set a limit on the size or scale of supplementary farm dwellings. The Elgin County Official Plan Section C2.5 permits accessory accommodation on farm properties for seasonal farm help, provided that: the size and nature of the farm operation requires additional employment; the lands are appropriately zoned; and that the local Official Plan permits the type of use. The proposed amendment would permit the use in the Official Plan and would facilitate site -specific zoning to permit the proposed use. The proposed amendment is consistent to the Municipality of Bayham Official Plan (Bayham Official Plan) agriculture policies for large scale supplementary farm dwellings. Official Plan Section 2.1.1.2 permits and encourages all types, sizes, and intensities of agricultural uses and normal farm practices; and Agriculture -related uses and secondary uses will also be permitted in the "Agriculture" designation provided they are compatible with agricultural uses and do not contribute to land use conflicts. The preferred form of supplementary farm dwelling in the Bayham Official Plan are small-scale temporary buildings with floor area maximum of 167 m2 (1,800 sq. ft.) with labourers working primarily on the same farm parcel as the dwelling, however, large scale supplementary dwellings are permitted, subject to specific criteria in the Official Plan, by way of Official Plan and Zoning By-law amendment. The applicants have provided supporting information for the criteria set out in Official Plan Section 2.1.10 Supplementary Farm Dwellings and 2.1.11 Large Scale Supplementary Farm Dwelling confirming that: the size and nature of the farm operation warrants the need for a large amount of seasonal labour; new permanent buildings are not proposed and services exist; and, the subject dwelling has existing amenity area, access and services. The proposed permanent large scale supplementary farm dwelling is consistent to the agricultural policies in the Bayham Official Plan for agricultural uses and large scale supplementary farm dwellings, subject to site -specific Zoning By-law regulations, and development agreement and site plan control agreement with the Municipality to ensure the subject dwelling is used for its intended purpose. 4. DETAILS OF THE AMENDMENT a) Section 2.1.11 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 3. Notwithstanding Section 2.1.11 the existing dwelling located in Concession 2, Part Lot 14, and municipally known as 4964 and 4968 Plank Road may be used as a Large Scale Supplementary Farm Dwelling to house up to a maximum of twenty-nine (29) seasonal workers during the apple growing season being transported to and from leased farm parcels in the area, in the existing dwelling with gross floor area maximum of 305 m2 The subject lands subject to this Amendment as designated "Agriculture" may be used, developed, and zoned to permit a Large Scale Supplementary Farm Dwelling in accordance to Section 2.1.11 of the Official Plan, as amended.