Loading...
HomeMy WebLinkAboutBy-law No. 2022-059AMENDMENT NUMBER 29 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Bonnefield Canadian Farmlands LP III 56237 Chute Line The following text constitutes Amendment Number 29 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. 2022-059, 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. 2022-059 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. 29 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. 29 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 CL RK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 29 1. PURPOSE The purpose of the Official Plan Amendment is to change the land use designation on the 54 ha (134 acre) vacant parcel of land from "Agriculture" to "Site Specific Agriculture" to permit a permanent large scale supplementary farm dwelling in a new dwelling with floor area of 321 mZ (3,445 ft2) to accommodate a maximum twenty-four (24) seasonal offshore farm workers, where the workers are transported from time to time to and from eight (8) other farm parcels within the farm operation. The Official Plan Amendment would facilitate the concurrent Zoning By-law Amendment application to change the Zoning By-law regulations from Agricultural (Al-A)Zone to Site Specific Agricultural (Al-A-xx) Zone to permit: proposed large scale supplementary farm dwelling as 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 ftZ); and, to recognize the length of the growing season, in Zoning By-law Z456-2003. 2. LOCATION The area affected by this amendment is an agricultural lot in an agricultural area, located at Concession 3, Lot 19 and 20, on the south side of Chute Line, west of Toll Gate Line, and known municipally as 56237 Chute Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an agricultural lot used for apple cultivation and are vacant of buildings with two existing accesses to Chute Line. The farm operation grows apples on nine (9) parcels, including the subject lands, with approximately 283 ha (700 ac) of orchards on parcels totaling 364 ha (900 ac) area and collects apples at a large warehouse building at 4964 and 4968 Plank Road. The workers would work on the subject parcel as well as being bussed to/from the other farm parcels. 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 120-144 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 parcel. The subject lands are located on the south side of Chute Line, west side of Toll Gate Road and known as 56237 Chute Line. The property has lot frontage of 607 m (1,991 ft) and lot depth of 924 m (3,031 ft). The subject lands are vacant and farmed for apples and is located approximately 1.5 km east of the village of Vienna. The subject lands include a gravel yard with an area of approximately 1.3 ha (3.3 acre), to which there are two accesses to Chute Line. The proposed bunkhouse would be located to the western side of the westernmost access, approximately halfway between the existing pond and the access. The applicant intends to plant several rows of trees to screen the property. There are tributaries to a creek system located on the subject lands, however, these features are not in proximity to the proposed bunkhouse lands. The nearest extent of LPRCA Regulation Limit lands is approximately 60 m (197 ft) to the south. Surrounding uses to the west comprise a single -detached dwelling on a large, wooded lot and agricultural uses further to the west. The dwelling is approximately 170 m (557 ft) from the proposed bunkhouse and based on a desktop review of Google Streetview imagery the bunkhouse is located at a higher elevation than the dwelling lands with some natural vegetative buffer. Land uses to the north and south are agricultural aside from a dwelling lot immediately abutting with frontage along Chute Line. The dwelling appears to be approximately 230 m (754 ft) from the proposed bunkhouse and there appears to be natural vegetative buffer. Lands uses to the east include several smaller rural lots, some with dwellings and mostly wooded and the nearest dwelling to the bunkhouse is approximately 500 m (1,640 ft) away. The proposed bunkhouse would have floor area of 321 m2 and include three (3) separate units which could accommodate a maximum of 8 labourers per unit for a total maximum capacity of 24 labourers. The application proposes an outdoor amenity area devoted to the workers with a treed hedge to be planted and new private septic and water services. 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 OP) agriculture policies for large scale supplementary farm dwellings. Bayham OP 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 OP 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; the applicant indicates that this additional supplementary dwelling would provide needed additional capacity to the existing bunkhouse dwellings on other farm operation lands; and, adequate amenity area is proposed, roadway access exists and private water and sewer services would need to be installed. 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: 2.1.11.5 Notwithstanding Section 2.1.11 the supplementary farm dwelling located in Concession 3, Lot 19 and 20, and municipally known as 56237 Chute Line may be used as a Large Scale Supplementary Farm Dwelling to house up to a maximum of twenty-four (24) seasonal workers during the apple growing season being transported to and from leased farm parcels in the area, in the a dwelling with gross floor area maximum of 322 square metres. 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.