HomeMy WebLinkAboutApril 20, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, April 20, 2023 7:00 p.m. 7:30 p.m. Public Planning Meeting – 3 Applications The April 20, 2023 Council Meeting will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS
5. PRESENTATIONS 6. DELEGATIONS
A. Straffordville Community Committee re Watermelon Fest 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held April 6, 2023 B. Statutory Planning Meeting held April 6, 2023 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
Council Agenda April 20, 2023
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11.2 Reports to Council
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting for a Proposed Minor Variance – A-03/23 CHR Farms Ltd.
B. Notice of Public Meeting re Proposed Official Plan Amendment OPA-01/23 Lankhuijzen Farms Ltd.
C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-04/23 Rideout & Lavallee
D. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-05/23 Hiebert 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-21/23 by Thomas Thayer, CAO|Clerk & Steve Adams, Manager of Public
Works|Drainage Superintendent re 1st Quarter Report
B. Report DS-23/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Rezoning
Application ZBA-01/23 – Froese, N & D, 8375 Plank Road
C. Report DS-24/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Official
Plan Amendment OPA-02/23 OPA No. 31, Zoning Amendment ZBA-02/23 – Blayne and
Kelsey Thompson, 10729 Plank Road
D. Report DS-25/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Official
Plan Amendment OPA-03/23, OPA No. 32, Zoning Amendment ZBA-03/23 – Arie and
Christina Schep, 14077 Bayham Drive
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Elgin County re County Council Highlights March 28, 2023
B. Elgin County re 2022 Library Performance C. Elgin County re County Council Highlights April 11, 2023 D. Elgin County re Economic Development April Newsletter
E. Long Point Region Conservation Authority re 2022 Annual Report F. Ministry of Municipal Affairs and Housing re The Helping Homebuyers, Protecting
Tenants Act
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G. Town of Plympton-Wyoming re Bill 5 – Stopping Harassment and Abuse by Local Leaders Act
H. Town of Plympton-Wyoming re Reducing Municipal Insurance Costs
I. Town of Plympton-Wyoming re Municipalities Retaining Surplus Proceeds from Tax
Sales 13.1.2 Requiring Action
13.2 Reports to Council A. Report CAO-26/23 by Thomas Thayer, CAO|Clerk re Education Development Charges 14. BY-LAWS A. By-law No. Z755-2023 Being a by-law to amend By-Law No. Z456-2003, as amended – Froese, N & D 15. UNFINISHED BUSINESS 16. OTHER BUSINESS
16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2023-031 Being a by-law to confirm all actions of Council 18. ADJOURNMENT
Expenses to be paid
Supplier Purpose Cost
Refundable
Deposit
Party Plus Tents 1,803.66$ no
Kiddies Fun Trak Rides 11,153.10$ NO
Kiddies Fun Trak Bouncers 6,548.35$ no
Open Air Projections Movie night big screen 1,935.00$ no
Mrs Sarah Facepainting Kids Face Paining 1,000.00$ no
The Bird Nerd Bird Shows 950.00$ no
Jungle James Reptile show display & show 600.00$ no
Touchshtone Farms Petting Zoo 1,080.00$ NO
Country Sports Tshirts 2,428.00$ no
Country Sports Hats 1,271.25$ no
50/50 ticket printing 300.00$ no
Portable toilets - (approx cost)1,000.00$ NO
$$$ for deposits that will not be refundable 30,069.36$
Barry O'Neil Kids Entertainment 795.00$ no deposit
Ernie Karaoke 300.00$ yes
?Watermelons - (approx cost)450.00$
Donations Bikes 600.00$ NO
running total 32,214.36$
Watermelon Fest 26 Aug 2023
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – SCC Main Hall Thursday, April 6, 2023 7:00 p.m. 7:30 p.m. Public Planning Meeting – 3 Applications The April 6, 2023 Council Meeting was not able to be recorded or live-streamed to the YouTube Channel. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON DAN FROESE (arrived at 7:57 pm) SUSAN CHILCOTT
STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR|DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA CAO Thomas Thayer announced the removal of item 5.A Inspector Mark Loucas re 2022 Elgin
County OPP Year End Report. 4. ANNOUNCEMENTS Deputy Mayor Weisler congratulated West Lorne for being the successful candidate to host the 2023 Craft Hockeyville preseason NHL game.
Mayor Ketchabaw reminded residents that the registration deadline for the April 17th bulk garbage pick-up is Tuesday, April 11th. Mayor Ketchabaw also reminded residents that there is
an Easter Egg Hunt at the Straffordville Community Centre on Good Friday beginning at 10am sharp. And lastly, Mayor Ketchabaw wished everyone a Happy Easter.
Councillor Chilcott noted the great turnout of youth they had present to hide the eggs for the noted egg hunt on Good Friday.
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5. PRESENTATIONS
A. Inspector Mark Loucas re 2022 Elgin County OPP Year End Report – Not Considered
Deputy Mayor Weisler took the Chair at 7:05 for Mayor Ketchabaw to
present to Council as Warden for item 5.B
B. Elgin County Warden Ed Ketchabaw and Chief Administrative Officer Julie Gonyou re Elgin County 2023 Update Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the presentation from Warden Ed Ketchabaw and Chief Administrative Officer Julie Gonyou be received for information. CARRIED
Mayor Ketchabaw resumed the Chair at 7:34 p.m.
The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:34 p.m.
The Council Meeting resumed at 8:01 p.m. 6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Council Meeting held March 16, 2023 B. Special Council Meeting held March 23, 2023 Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the minutes from the Regular Council Meeting held March 16, 2023 and the Special
Council Meeting held March 23, 2023 be approved as presented. CARRIED
8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM Three (3) members of the public spoke to item 13.2 C. 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
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10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-06/23 by Ed Roloson, Manager of Capital Projects|Water/Wastewater Operations re Municipality of Bayham Water Distribution System – Service Disruptions
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-06/23 re Municipality of Bayham Water Distribution System – Service Disruptions be received for information. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance Application A-01/23 Blatz
B. Notice of Decision re Minor Variance Application A-02/23 Froese
C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-01/23 Froese D. Notice of Public Meeting re Proposed Zoning By-law Amendment and Proposed Official Plan Amendment ZBA-02/23 & OPA-02/23 Thompson E. Notice of Public Meeting re Proposed Zoning By-law Amendment and Proposed Official Plan Amendment ZBA-03/23 & OPA-03/23 Schep
F. Notice of Public Meeting re Proposed Official Plan Amendment OPA-01/23 Lankhuijzen Farms Ltd.
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-04/23 Rideout & Lavallee
H. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-05/23 Hiebert Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A – H be received for information.
CARRIED
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12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-16/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re
Development Agreement re Minor Variance A-02/23 Froese
Moved by: Councillor Emerson Seconded by: Councillor Chilcott
THAT Report DS-16/23 regarding the Froese Development Agreement be received;
AND THAT Council authorize the execution of a Development Agreement between the Municipality and Jesse and Sarah Froese to permit the placement of one supplementary farm dwelling (mobile home) at 55210 and 55248 Maple Grove Line; AND THAT By-law No. 2023-025 be presented for enactment.
CARRIED
B. Report DS-17/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent
Application E95022 Hiebert 56282 & 56284 Heritage Line
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-17/23 regarding Consent Application E95-22 Hiebert, be received for
information; AND THAT in consideration of the submission from the Water Mining Inc. regarding
Consent E89-22 Notice of Decision dated February 23, 2023 Municipality of Bayham
Condition 1, Council recommends to the Elgin County land Division Committee that
Consent Application E95-22 be granted subject to the following conditions and
considerations:
1. Provide a digital copy of the registered plan of survey showing the easement for the retained parcel 2. Planning Report Fee payable to the Municipality CARRIED
C. Report DS-18/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent
Application E10-23 Neufeld 23 Centre Street
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-18/23 regarding Consent Application E10-23 Neufeld, be received for information;
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AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E10-23 be granted subject to the following conditions and considerations:
1. Install a municipal water connection to the retained parcel at the applicant’s cost for all permits and installation requirements 2. Install a municipal sanitary sewer connection to the retained parcel at the
applicants’ cost for all permits and installation requirements 3. Provide engineered storm water management, drainage and grading plans to the satisfaction of the Municipality 4. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Centre Street Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 5. Obtain a municipal Road Access Permit for the installation of a driveway to the retained lands 6. Provide Cash-in-lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 7. Provide the Planning Report fee payable to the Municipality
8. Provide a digital copy of the registered plan of survey CARRIED
D. Report DS-19/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent
Application E16-23 Obar 11643 Plank Road
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-16/23 regarding Consent Application E16-23 Obar and Cain be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E16-23 be granted subject to the following conditions and considerations: 1. Installation of an individual private well on the severed lot with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 2. Installation of a municipal sanitary sewer connection to the severed lot at the
applicants’ cost for permits and installation 3. Provide engineered storm water management, drainage and grading plans showing the lot will not have a negative drainage impact on the abutting lands
4. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the West Branch of the Eden Main Drain in accordance with the Drainage Act, RSO 1990,
as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs
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incurred.
5. Confirmation from the County of Elgin for future access to the County road 6. Purchase of a civic number sign for the severed lot 7. Cash in Lieu of Parkland Dedication fee to the Municipality for the created lot
8. Planning Report fee payable to the Municipality 9. Provide a digital copy of the registered plan of survey
CARRIED
E. Report DS-20/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent
Application E20-23 Wagler Homes Inc 53871 Church Street
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-20/23 regarding the Consent Application E20-23 Wagler be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E20-23 be granted subject to the following conditions and
considerations: 1. Installation of municipal water service connection to the property line at the cost of the applicant for permit and installation 2. Municipal lot assessment for septic system 3. That the owner apply for a demolition permit to remove the detached garage and the asphalt drive with retaining walls and all debris to be removed to the
satisfaction of the municipality 4. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Richmond Main Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised
assessment schedule, the applicant will be billed for any additional costs incurred. 5. Engineered storm water management, drainage/grading plan 6. Purchase of civic number sign for the severed lot 7. Digital copy of the registered plan of survey 8. Cash in Lieu of Parkland Dedication fee for each lot 9. Planning Report fee payable to the Municipality CARRIED
The Council Meeting recessed for a short break at 8:37 p.m.
The Council Meeting resumed at 8:50 p.m. 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. City of Niagara Falls re Barriers for Women in Politics
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B. City of Cambridge re Barriers for Women in Politics
C. Town of Plympton-Wyoming re Barriers for Women in Politics
D. Howick Township re Support for the School Bus Stop Arm Cameras E. Western Ontario Wardens Caucus re Cannabis Act Review
F. Town of Greater Napanee re Reducing Municipal Insurance Costs G. Township or Lucan Biddulph re Future Accuracy of Permanent Register of Electors H. Town of Carleton Place re Lanark County Interval House and Community Support I. Township of Lake of Bays re Oath of Office J. Municipality of North Perth re School Bus Stop Arm Cameras K. Town of Essex re Declarations of Emergency of Homelessness, Mental Health and Opioid Addiction
L. Town of Essex re Tax Classification of Short-Term Rental Units M. Town of Essex re Reinstatement of Legislation Permitting a Municipality to Retain
Surplus Proceeds from Tax Sales N. Elgin Federation of Agriculture re Agriculture Land Impact Assessments
O. County of Elgin re Request to Review By-law EC-1 Parking By-law P. Association of Ontario Road Supervisors re New Fee Proposed by Enbridge Gas Q. County of Elgin re March 14, 2023 Elgin County Council Highlights Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence items 13.1.1 A – Q be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham support items 13.1.1 J and 13.1.1 M.
CARRIED 13.1.2 Requiring Action
13.2 Reports to Council
A. Report TR-10/23 by Lorne James, Treasurer re 2023 Q1 Variance Report Moved by: Councillor Emerson Seconded by: Councillor Froese
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THAT Staff Report TR-10/23 re 2023 Q1 Variance Report be received for information; AND THAT Council direct staff to invest $1.5 million of cash-on-hand in a 1-year GIC
through RBC; AND THAT Council direct staff to invest $5,000 for the Bayham West Cemetery and
$5,000 for the Eden Cemetery in a 1-year GIC through RBC. CARRIED B. Report CL-07/23 by Meagan Elliott, Deputy Clerk re Councillor Appointments to Committees Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CL-07/23 re Councillor Appointments to Committees be received for
information;
AND THAT Councillor Susan Chilcott be appointed Chair of the Museum Advisory Committee, Deputy Mayor Rainey Weisler be appointed Chair of the Waterfront Advisory Committee, and Councillor Dan Froese be appointed Chair of the Joint Cemetery Board;
AND THAT the appropriate appointment by-law be brought forward for enactment. CARRIED C. Report CAO-20/23 by Thomas Thayer, CAO|Clerk re Follow-Up Report – Detailed Costing and Timeline Update – Straffordville Community Centre Expansion Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-20/23 re Follow-up Report – Detailed Costing and Timeline Update – Straffordville Community Centre Expansion be received for information;
AND THAT, due to estimated cost over-runs, Council approve the re-scoping of the Straffordville Community Hub project to remove the Covered Pavilion, LED Ball Diamond Lighting, and new concrete pad;
AND THAT an application be made to the ICIP Community, Culture and Recreation
program for consideration of the identified reduction in scope. CARRIED
D. Report CAO-21/23 by Thomas Thayer, CAO|Clerk re Curbside Waste Disposal Services
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
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THAT Report CAO-21/23 re Curbside Waste Disposal Services be received for information; AND THAT Council authorize the sole-source of a new curbside garbage collection contract to Norfolk Disposal; AND THAT the appropriate by-law be brought forward for Council’s consideration. CARRIED E. Report CAO-25/23 by Thomas Thayer, CAO|Clerk re Port Burwell Fire Hall Generator Replacement Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-25/23 re Port Burwell Fire Hall Generator Replacement be received
for information;
AND THAT Council accept the quote provided by Koolen Electric in the amount of
$36,985.00+HST for a replacement generator for the Port Burwell Fire Hall;
AND THAT the replacement generator for the Port Burwell Fire Hall be funded from the
Contingency Reserve. CARRIED 14. BY-LAWS
A. By-law No. 2023-025 Being a by-law to authorize the execution of a development agreement between Jesse and Sarah Froese and the Corporation of the Municipality of Bayham B. By-law No. 2023-026 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and HRI Group Inc. for stabilization measures of the Port Burwell Lighthouse
C. By-law No. 2023-027 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and GHD Digital for website development services
Moved by: Councillor Emerson Seconded by: Councillor Froese THAT By-law Nos. 2023-025, 2023-026 and 2023-027 be read a first, second and third time and finally passed. CARRIED
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15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 9:56 p.m. to discuss: A. Confidential Report re Labour Relations, Employee Negotiations (Human Resources)
B. Confidential Report re Litigation or Potential Litigation Affecting the Municipality
(Drainage)
C. Confidential Report re Personal Matters about an Identifiable Individual (Committee
Appointments) CARRIED 16.2 Out of Camera Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT the Council do now rise from the “In Camera” Session at 10:29 p.m. and report on
Confidential Report re Labour Relations, Employee Negotiations (Human Resources), Confidential Report re Litigation or Potential Litigation Affecting the Municipality
(Drainage) and Confidential Report re Personal Matters about an Identifiable Individual
(Committee Appointments) CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Report re Labour Relations, Employee Negotiations (Human
Resources) be received for information; AND THAT staff proceed as directed.
CARRIED
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confidential Report re Litigation or Potential Litigation Affecting the Municipality
(Drainage) be received for information. CARRIED
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Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT Confidential Report CAO-24/23 re Personal Matters about an Identifiable
Individual (Committee Appointments) be received for information; AND THAT the following individuals be appointed to the Museums Advisory Committee
for the 2023-2026 term:
Jean-Ann Baranik
Robert Ponzio
Ron Bradfield
Roy Sullivan
AND THAT the following individuals be appointed to the Waterfront Advisory Committee
for the 2023-2026 term:
Earl Shea
Ashley Cardinal
Marni Wolfe
Serge Pieters
AND THAT the following individuals be appointed to the following cemetery boards:
Cathy Crocker – Eden
George Sivyer – Eden
Debbie Hayward – Calton
Gloria Wardle – Light
Valerie Donnell – Bayham West AND THAT the following individuals be appointed to the Property Standards Committee:
Patricia Chatterson
Wayne Murray
AND THAT the appropriate appointment by-law be brought forward for Council’s
consideration. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-028 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-028 be read a first, second and third time and finally
passed. CARRIED
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18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 10:32 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – SCC Main Hall Thursday, April 6, 2023 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-01/23 Froese – 8375 Plank Road B. Notice of Proposed Zoning By-Law Amendment ZBA-02/23 and Proposed Official Plan Amendment OPA-02/23 Thompson – 10729 Plank Road C. Notice of Proposed Zoning By-Law Amendment ZBA-03/23 and Proposed Official Plan Amendment OPA-03/23 Schep – 14077 Bayham Drive The April 6, 2023 Planning Meeting was not able to be recorded or live-streamed to the YouTube Channel. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON SUSAN CHILCOTT DAN FROESE (arrived at 7:57 pm) STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT PLANNING COORDINATOR|DEPUTY CLERK MARGARET UNDERHILL
PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: TREVOR BENJAMINS PUBLIC ATTENDEES C: DAVE ROE
APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:35 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 amendment.
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4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-Law Amendment ZBA-01/23 Froese – 8375 Plank Road
THE PURPOSE of this By-law is to rezone the subject lands from a Rural Commercial (RC) zone to a site-specific Rural Residential (RR-xx) zone to permit residential use and to permit
minimum rear yard setback of 5.5 metres whereas 15.0 metres is the required minimum and to permit minimum side yard setback for an accessory building of 2.0 metres whereas 3.0 metres is the required minimum in the RR zone, in Zoning By-law Z456-2003. The lands are located at 8375 Plank Road. THE EFFECT of this By-law will be to recognize existing residential use of the lands comprising of an existing dwelling with reduced rear yard setback and an existing accessory building with reduced side yard setback. 5. PUBLIC PARTICIPATION
No public participation.
6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business.
8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 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-01/23 is now complete at 7:36 p.m.
CARRIED APPLICATION B
9. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:37 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared.
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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
B. Notice of Proposed Zoning By-Law Amendment ZBA-02/23 and Proposed Official Plan Amendment OPA-02/23 Thompson – 10729 Plank Road THE PURPOSE of these Amendments is to change the land use designation on a 1.06 ha (2.61 acre) parcel of land from “Estate Residential” to “Site Specific Estate Residential” designation in the Official Plan of the Municipality of Bayham to permit a mechanical contractors warehouse and office use for a mechanical services business and concurrent amendment to Zoning By-law Z456-2003 to change the zoning from “Estate Residential (ER)” to “site-specific Rural Industrial (M2-xx)” zone to permit the mechanical contractors warehouse and office use and to permit reduced rear yard setback of 6.0 metres (19.7 ft) whereas 10.0 metres (32.8 ft) is the permitted minimum for the proposed building. The subject lands are located on the west side of Plank
Road, north of Maple Grove Line and are known as 10729 Plank Road. THE EFFECT of these Amendments will be to permit the mechanical services business as a
commercial/industrial land use to operate from a proposed building on the subject lands where non-residential uses are not permitted in the Estate Residential designation or zoning and where proposals for non- resource uses in the rural area are subject to Official Plan Amendment
and Zoning By-law Amendment. 13. PUBLIC PARTICIPATION Trevor Benjamins, CJDL, presented a power point in support of the application summarizing key areas of the proposed use and affects.
14. CORRESPONDENCE
No correspondence. 15. OTHER BUSINESS No other business.
16. ADJOURNMENT
Moved by: Councillor Emerson Seconded by: Councillor Chilcott 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 the application of Official Plan Amendment OPA-02/23 and Zoning By-Law Amendment ZBA-02/23 is now complete at 7:51 p.m.
CARRIED
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APPLICATION C 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:52 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. Notice of Proposed Zoning By-Law Amendment ZBA-03/23 and Proposed Official Plan Amendment OPA-03/23 Schep – 14077 Bayham Drive THE PURPOSE of these Amendments is to change the land use designation on a 15.8 ha (39 acre) parcel of land from “Agriculture” to “Site Specific Agriculture” designation in the Official Plan of the Municipality of Bayham to permit home occupation workshop as an On-farm
Diversified use for an electrical business and concurrent amendment to Zoning By-law Z456-2003 for site-specific permission for a Service Shop use within the defined area of 2,700 square metres comprising the barn and parking area for the electrical business. The subject lands are located on the south side of Bayham Drive, south of Highway 3 and are known as 14077 Bayham Drive. THE EFFECT of these Amendments will be to permit the electrical workshop business as a commercial/industrial land use to operate from the existing building on the subject lands where non-resource uses are permitted on a limited basis in the Agricultural designation subject to Official Plan Amendment and Zoning By-law Amendment in accordance to specific criteria. 21. PUBLIC PARTICIPATION Dave Roe spoke on behalf of the agent summarizing the application. Mr. Roe spoke to value added uses and the nature of the business. Mr. Roe requested Council to review the planning justification report for further support of the application.
22. CORRESPONDENCE No correspondence
23. OTHER BUSINESS
No other business.
24. ADJOURNMENT
5 Statutory Planning Minutes April 6, 2023
Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler 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 the application of Official Plan Amendment OPA-03/23 and Zoning By-Law Amendment ZBA-03/23 is now complete at 8:00 p.m.
CARRIED
MAYOR CLERK
A-03/23
NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: CHR FARMS LTD., LOCATION: 55705 HERITAGE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-03/23).
TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 20th, 2023 at 6:45 pm. in the Municipal
Council Chambers, 56169 Heritage Line, in Straffordville to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg
THE PURPOSE of the variance is to permit two dwellings on the subject lands, one permanent building to be used for the purpose of supplementary farm dwelling accommodations and one primary residential dwelling. The subject lands are located at 55705 Heritage Line, south side, east of Mitchell Road.
THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling
in accordance to the Supplementary Farm Dwelling policies of the Bayham Official Plan, in the form of one permanent dwelling with maximum floor area of 103 m2 (1,108.7 ft2) and maximum capacity of eight (8) seasonal temporary workers; and to permit one primary dwelling to be
developed in addition to the existing dwelling, being converted to supplementary farm dwelling use, whereas new dwellings in the A1 zone are only permitted on vacant parcels.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed amendment. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Thursday, April 13, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the decision of the Committee of
Adjustment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating
to the proposed minor variance may be obtained by contacting the Municipal Office.
DATED at the Municipality of Bayham this 6th day of April 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
OPA-01/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: LANKHUIJZEN FARMS LTD.
LOCATION: 55106 VIENNA LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan Amendment (OPA-01/23), the County of Elgin is the Approval Authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 20, 2023 at 7:30 p.m. in the Municipal Council Chambers,
56169 Heritage Line, in Straffordville to consider a proposed Official Plan Amendment under Section 17 of the Planning Act. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel:
https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg THE PURPOSE of the Official Plan Amendment is to add a new site-specific sub-section to permit
the severance of an existing dwelling made surplus through farm consolidation that does not conform to policy Section 2.1.7 c). The Subject lands are located at 55106 Vienna Line, north side, west of Centre Street and the village of Vienna. THE EFFECT of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling from a farm parcel where the owner does not own another dwelling within the Municipality of Bayham. The owner owns dwellings in the Township of Malahide. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Wednesday, April 12, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the
Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make
written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed Official Plan Amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained by contacting the Municipal Office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 31st DAY OF MARCH 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-04/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: BYRON RIDEOUT AND
CRYSTAL LAVALLEE LOCATION: 55326 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Zoning By-law Amendment (ZBA-04/23).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 20, 2023 at 7:30 p.m. in the Municipal Council Chambers,
56169 Heritage Line, in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel:
https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg
THE PURPOSE of this By-law Amendment is to rezone the subject lands from ‘Rural Residential (RR)’ zone to a ‘site-specific Rural Residential (RR-xx)’ zone to permit maximum accessory
building floor area of 130 m2 (1,399.3 ft2) whereas 95 m2 (1,022.6 ft2) is the permitted maximum in the RR zone, in Zoning By-law Z456-2003. The subject lands are located at 55326 Maple Grove Line, Eden.
THE EFFECT of this By-law will be to permit the development of an oversized accessory building (garage/shop) on the subject lands for personal storage accessory to the residential use.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Wednesday, April 12, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make
written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land
Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 31st day of March 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-05/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: ANTHONY HIEBERT
LOCATION: 56282/56284 HERITAGE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law Amendment (ZBA-05/23).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 20, 2023 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg
THE PURPOSE of this By-law Amendment is to rezone the subject lands from a Village Residential (R1) Zone to two site-specific Village Residential (R1-xx) zones to permit: minimum lot area of 348.66 m2 (3,752.9 ft2) whereas 400.0 m2 (4,305.6 ft2) is the permitted minimum and
minimum lot frontage of 8.41 m (27.6 ft.) whereas 10.0 m (32.8 ft.) is the permitted minimum for the retained/easterly lands; and to permit minimum lot frontage of 11.7 m (38.4 ft.) whereas 13.0 m (42.7 ft.) is the permitted minimum for a corner lot for the severed/westerly lands, in Zoning By-
law Z456-2003. The lands are located at 56282/56284 Heritage Line, Straffordville.
THE EFFECT of this By-law will be to fulfill several conditions of Consent E89-22 to rezone the retained and severed lands by splitting a parcel comprising of a semi-detached dwelling building resulting in reduced frontage and lot area.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Wednesday, April 12, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make
written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to
the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 31st day of March 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Straffordville
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: April 20, 2023
REPORT: DS-21/23 FILE NO. C-07 SUBJECT: 1ST QUARTER REPORT
BACKGROUND:
The purpose of this Report is to inform Council of the activities of the Building Services and
Drainage file for Q1 2023. DISCUSSION: Building Services:
The summary of building permits issued in Q1 2023 is as listed on the chart below: Year 2023 2022 2021 No. permits issued 25 47 25
Permit fees $15,685 $66,035 $32,184
Construction Value $2,672,300 $7,165,000 $3,107,200
Houses 2 9 6
Farm Buildings 0 4 1 Other 23 34 18 Council will recall that it received Report DS-02/23 re 4th Quarter Report at its January 5, 2023 meeting. The Report provided an overview of Building and Drainage for Q4 2022 and illuminated a steep drop-off in Building department activities for Q4 2022 when juxtaposed to Q4 2021. It was identified that the decrease in building activity is likely “due, at least in part, to the interest rate hikes witnessed in 2022, which affect borrowing of all types, including construction.”
Q1 2023 continues this trend when compared directly to Q1 2022 and 2021, respectively, but
especially Q1 2022 – the quarter before interest rates began their increase in earnest.
Further, and unlike Q4 2022, the Municipality did issue two (2) permits for houses, which means that, upon issuance of same, the Municipality is formally collecting applicable development
charges in accordance with Municipal by-law and within the restrictions applicable under Bill 23, which limits Bayham’s newly-adopted Development Charges By-law No. 2022-067 to an 80-percent phase-in of its scheduled charges (Schedule “B”) from October 6, 2022 until October 6, 2023, when the phase-in is adjusted to 85 percent for the subsequent one-year period. The collection of development charges will necessitate an additional annual report from the Treasurer, commencing in 2024, for the 2023 fiscal year. Drainage: A review of ongoing drainage files was conducted by the Manager of Public Works|Drainage Superintendent Drainage work for Q1 2023 is noted below:
New Drains:
Drain Name Status
Hampton Drain Pending berm construction by landowner previously assessed on file. Confirmed the
berm construction will commence towards the end of April. This is being completed by contractor provided by landowner.
New Drain – Peters Drain Extension Engineer review and assessment ongoing through Spriet Associates as directed by Council. Spriet is awaiting on landowner design to complete preliminary design.
Drain Maintenance: Drain Name Status
Pollick Drain Catch Basin at road not draining - Contractor has snaked 500 ft. no blockage assessing height of water in downstream pond may be
causing water to be backed up. Waiting on fields to dry up for further investigation. Pollick Branch “A” Sink Hole - Waiting on contractor for repairs
Wilson Drain Branch “A” Drain slow to drain in large rain events - staff assessing drain and waiting on third party sewer clean out.
Fasseel Drain Brushing and bottom clean-out - maintenance being completed in 2023, letters and estimates have been mailed. Norfolk conducting maintenance. Friesen Drain Brushing and bottom clean-out - maintenance being completed in 2023, letters and estimates have been mailed. Norfolk conducting maintenance.
Winter Drain Brushing and bottom clean-out - maintenance being completed in 2023, letters and estimates have been mailed. Norfolk conducting maintenance.
Norfolk-Bayham Town Line Drain Brushing and bottom clean-out - maintenance being completed in 2023, letters and estimates have been mailed. Norfolk conducting maintenance.
Jacko Drain Brushing and bottom clean-out - maintenance
being completed in 2023, letters and estimates have been mailed. Norfolk conducting maintenance.
Coyle Drain Brushing and bottom clean-out - maintenance being completed in 2023, letters and estimates have been mailed. Norfolk conducting maintenance.
RECOMMENDATION 1. THAT Report DS-21/23 re 1st Quarter Report be received for information.
Respectfully Submitted by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works| CAO|Clerk Drainage Superintendent
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 20, 2023
REPORT: DS-23/23 FILE NO. C-07 / D13.FROE
Roll # 3401-000-003-10300
SUBJECT: Rezoning Application ZBA-01/23 – Froese, N & D
8375 Plank Road, Straffordville
Draft Zoning By-law No. Z755-2023
BACKGROUND
Nathan and Dan Froese have submitted a rezoning application to rezone a property at 8375
Plank Road, located on the west side of Plank Road, north side of Jackson Line, legally
described as Concession South Gore South Part Lot 15 RP11R1659 Part 1. The lands are
currently designated “Agriculture” and “Natural Gas Reservoir” on Schedule ‘A1’: Land Use of
the Official Plan of the Municipality of Bayham and are zoned Rural Commercial (RC) on
Schedule ‘A’ Map No. 8 in Zoning By-law No. Z456-2003.
The purpose of this By-law is to rezone the subject lands from a Rural Commercial (RC) zone to a site-specific Rural Residential (RR-45) zone to permit residential use and to permit minimum rear yard setback of 5.5 metres whereas 15.0 metres is the required minimum and to permit minimum side yard setback for an accessory building of 2.0 metres whereas 3.0 metres is the required minimum in the RR zone, in Zoning By-law No. Z456-2003.
The effect of this By-law will be to recognize existing residential use of the lands comprising of an existing dwelling with reduced rear yard setback and an existing accessory building with
reduced side yard setback.
The public meeting was held April 6, 2023 with no public attendees and no written submissions.
DISCUSSION
The attached planner’s memorandum dated, April 11, 2023, provides an analysis of the application against the Official Plan and Zoning By-law.
Staff Report DS-23/23 Froese 2
Staff and planner agree the rezoning application meets the policies and recommend approval to change to the site-specific Rural Residential (RR-45) zone to recognize the ongoing residential
use of the lands and the reduced setbacks. ATTACHMENTS: 1. Rezoning Application ZBA-01/23 2. IBI Group Memorandum, April 11, 2023 3. Draft Zoning By-law No. Z755-2023 RECOMMENDATION THAT Report DS-23/23 regarding the Froese rezoning application ZBA-01/23 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 6, 2023 associated with this application, there were no written submissions and no oral presentations received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Concession South Gore South Part Lot 15 RP11R1659 Part 1, known municipally as 8375 Plank Road from Rural Commercial (RC) to site-specific Rural Residential (RR-45) Zone to recognize the ongoing residential use of the lands and to recognize a rear yard setback minimum of 5.4 metres and minimum accessory building setback of 1.9 metres for the existing buildings; AND THAT Zoning By-law No. Z755-2023 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk CAO|Clerk
Memorandum
To/Attention Municipality of Bayham Date April 11, 2023
From Paul Riley, BA, CPT Project No 3404 - 894
cc William Pol, MCIP, RPP
Subject Nathan and Dan Froese - Application for Zoning By-law amendment ZBA 01/23, 8375 Plank Road
1. We have completed our review of application for Zoning By-law amendment
submitted by Nathan and Dan Froese for property located at 8375 Plank Road,
west side, and north side of Jackson Line. The applicant is requesting an
amendment to change the zoning regulations on a 4,002.8 m2 (1 ac) parcel of
land from a Rural Commercial (RC) zone to a site-specific Rural Residential (RR-
xx) zone to permit: residential use; to permit minimum rear yard setback of 5.5
metres whereas 15.0 metres is the required minimum; and to permit minimum
side yard setback for an accessory building of 2.0 metres whereas 3.0 metres is
the required minimum in the RR zone. The lands are designated “Agriculture” and
“Natural Gas Reservoir” on Schedule ‘A1’: Land Use of the Official Plan of the
Municipality of Bayham. The lands are zoned Rural Commercial (RC) on
Schedule “A” Map No. 8 in Zoning By-law Z456-2003.
2. The subject lands have lot frontage of 49.96 m (163.9 ft) and lot depth of 80.12 m
(262.9 ft). The lands comprise a single detached dwelling and shed and have
been used for residential purposes for some time. Surrounding uses are
residential to the north, west and south and institutional to the east (Municipal
works yard) and agricultural surrounding abutting uses in all directions.
3. The Bayham Official Plan Schedule does not designate these lands as commercial
use, therefore, this is an existing non-resource use likely dating back to before this
Official Plan was adopted. The zoning of the lands as commercial suggests that
these lands have been used for non-resource use in the rural area for some time.
The conversion of the lands from one non-resource use to another would not
necessitate an Official Plan Amendment, however, some of the criteria for non-
resource uses have been reviewed.
4. Official Plan Section 3.1.3 General Policies That Apply to All Non-resource Uses
indicates that the Municipality shall regulate all development in the areas
designated for non-resource uses so that the environment is maintained,
agricultural uses are protected, and potential land use conflicts are not created.
IBI GROUP MEMORANDUM
Municipality of Bayham – Error! Reference source not found.
2
Considering the existing nature of the non-resource and residential use of the lands
changing the zoning of the lands from commercial in nature to residential in nature
is appropriate due to no change to impacts to the environment or agriculture and
no new potential for land use conflicts. Furthermore, the subject lands are in
conformity to the criteria in Section 3.1.3.3 related to safe access to roads, private
water and sewer services, etc. The proposed zone change is in conformity to the
Official Plan.
5. The subject lands are zoned Rural Commercial (RC) in the Municipality of Bayham
Zoning By-law. The proposed Rural Residential (RR) zone category permits single-
detached dwelling use. The site-specific regulations for reduced rear yard setback
and reduced accessory building setback are required in order to recognize existing
building locations and are deemed appropriate under these circumstances. The
rear yard setback is also a result of the interpretation of the front lot line being the
shorter of the two lot lines for a corner lot.
6. The statutory Public Meeting was held on April 6th, 2023 and no written or oral public
comments were received.
7. Based on our review we would have no objection to the requested Zoning By-law
Amendment to change the zoning of the subject lands from RC to a site-specific
Rural Residential (RR-xx) zone, to recognize ongoing residential use of the lands
and to recognize rear yard setback minimum of 5.4 metres and minimum
accessory building setback of 1.9 metres for the existing buildings.
Paul Riley
IBI GROUP
Paul Riley, CPT
Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z755-2023
FROESE, N & D
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 8 by changing the zoning symbol on the lands from Rural Commercial (RC) zone to a site-specific Rural Residential (RR-45) zone, which lands
are outlined in heavy solid lines and marked RR-45 on Schedule “A” Map No. 8 to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 7.13 Exception – Rural Residential (R1) Zone by adding the following clauses:
7.13.45.1 Defined Area
RR-45 as shown on Schedule “A” Map No. 8 to this By-law.
7.13.45.2 Minimum Rear Yard Setback
5.4 metres for the existing dwelling
7.13.45.3 Minimum Accessory Building Setback
1.9 metres for the existing accessory building (west side)
4) 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 Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 20TH DAY OF APRIL 2023.
READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF APRIL 2023.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: April 20, 2023
REPORT: DS-24/23 FILE NO. C-07/ D07 and D13
Roll # 3401-000-006-06010
SUBJECT: Official Plan Amendment OPA-02/23, OPA No. 31
Zoning Amendment ZBA-02/23
Blayne and Kelsey Thompson, 10729 Plank Road
BACKGROUND
Official Plan Amendment and Zoning By-law Amendment applications were submitted by Agent Trevor Benjamins, Cyril J. Demeyere Limited, on behalf of Blayne and Kelsey Thompson proposing a site-
specific official plan amendment and zoning amendment on lands located on the west side of Plank Road north of Maple Grove Line and known municipally as 10729 Plank Road. The subject lands are designated “Estate Residential”, on Schedule “A1: Land Use in the Municipality of Bayham Official Plan
and zoned Estate Residential (ER) Zone Schedule “A” Map No. 6 in Zoning By-law No. Z456-2003. The purpose of these amendments is to change the land use designation on a 1.06 ha (2.6 acre) parcel
of land from “Estate Residential” to “Industrial” designation in the Official Plan of the Municipality of Bayham to permit a mechanical contractors warehouse and office use for a mechanical services business and concurrent amendment to Zoning By-law No. Z456-2003 to change the zoning from “Estate Residential (ER)” to “site-specific Rural Industrial (M2-xx)” zone to permit the mechanical contractors warehouse and office use and to permit reduced rear yard setback of 6.0 metres (19.7 ft.) whereas 10.0 metres (32.8 ft.) is the permitted minimum for the proposed building. The effect of these amendments will be to permit the mechanical services business as a commercial/industrial land use to operate from a proposed building on the subject lands where non-residential uses are not permitted in the Estate Residential designation or zoning and where proposals for non-resource uses in the rural area are subject to Official Plan Amendment and Zoning By-law Amendment. PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was held on April 6, 2023 in the Municipal Office Main Hall, 56169 Heritage Line in Straffordville. Council
received the Applicant’s presentation by the Appointed Agent with no oral or written public submissions.
DS-24/23 Thompson 2
DISCUSSION The applications, accompanying justification letter and relevant reports were considered by municipal staff. The attached municipal planner’s memorandum, dated April 11, 2023, provides the details and
rational for the recommendation. The municipal planner does not recommend approval of the proposed Official Plan amendment and associated Zoning By-law amendment; however, the planner states in the memo “the location of the
lands in a pocket of rural residential and employment uses along a main transportation corridor and on lands already designated for non-resource use may be appropriate”. The draft OPA has been prepared and is attached to this Report for consideration, should Council opt to approve the proposed Official Plan Amendment. Therefore, staff provide the planner’s recommendation to refuse OPA No. 31. APPENDICES A. Official Plan Amendment Application OPA-02/23
B. Planning Justification Report prepared by CJDL Consulting Engineers – February 24, 2023 C. Application for Amendment to the Zoning By-law ZBA-02/23 D. IBI Memorandum, dated April 11, 2023
E. Draft By-law No. 2023-029 Official Plan Amendment No. 31 RECOMMENDATION
THAT Staff Report DS-24/23 regarding the Official Plan Amendment Application OPA-02/23
and Zoning By-law Amendment Application ZBA-02/23 submitted by Blayne and Kelsey Thompson 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 6, 2023 associated with these applications, there were no public submissions and that all considerations were taken
into account in Council’s decision passing this resolution;
THAT By-law No. 2023-029 being an adopting By-law for Official Plan Amendment No. 31 for the purpose to change the land use designation on 1.06 hectares (2.6 acres) of land from “Estate Residential” to “Industrial” to permit to permit a non-resource use in the prime agricultural area for a land use that is intended to be located in a settlement area in the Official Plan of the Municipality of Bayham be refused for the following reasons: 1. Adding a site-specific text subsection to the Official Plan to permit a non-resource use specific to the subject lands in the prime agricultural area for a land use that is intended to be located in a settlement area is not in accordance with the PPS 2020 and the Municipality of
Bayham Official Plan. AND THAT the requested Zoning By-law Amendment does not conform to the existing Official
Plan and is not consistent to the PPS 2020 and does not promote good land use planning. Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk CAO|Clerk
PLANNING JUSTIFICATION REPORT
PROPOSED OFFICE/WAREHOUSE
TEAR SYSTEMS
MECHANICAL CONTRACTORS INC.
10729 PLANK ROAD
MUNICIPALITY OF BAYHAM
COUNTY OF ELGIN
22003
24 February 2023
PLANNING JUSTIFICATION REPORT 22003
PROPOSED OFFICE/WAREHOUSE TEAR SYSTEMS MECHANICAL CONTRACTORS INC.
10729 PLANK ROAD, MUNICIPALITY OF BAYHAM,
COUNTY OF ELGIN
TABLE OF CONTENTS
1.0 INTRODUCTION................................................................................................................................ 1
2.0 SUBJECT PROPERTY .......................................................................................................................... 3
3.0 SURROUNDING LAND USES .............................................................................................................. 5
4.0 NATURE OF USE ............................................................................................................................... 9
5.0 PROPOSED AMENDMENTS ............................................................................................................. 10
5.1 Proposed Official Plan Amendment (OPA) ............................................................................. 10
5.2 Proposed Zoning Bylaw Amendment (ZBA) ........................................................................... 10
6.0 PLANNING IMPACT ANALYSIS ......................................................................................................... 13
6.1 Provincial Policy .................................................................................................................... 13
6.1.1 Provincial Policy Statement (PPS) .................................................................................. 13
6.1.2 Minimum Distance Separation Guidelines (Publication 853) .......................................... 15
6.1.3 Conclusion .................................................................................................................... 16
6.2 County of Elgin Official Plan (COP) ......................................................................................... 16
6.3 The Municipality of Bayham Official Plan (OP) ....................................................................... 17
6.4 The Municipality of Bayham Zoning Bylaw Z456-2003 (ZBL) .................................................. 19
7.0 TECHNICAL STUDIES ....................................................................................................................... 20
7.1 Traffic Impact Assessment .................................................................................................... 20
8.0 SUMMARY AND CONCLUSIONS ...................................................................................................... 20
9.0 REFERENCES - STUDIES ................................................................................................................... 21
APPENDIX ‘A’
Municipality of Bayham Official Plan: Schedule ‘A1’ Municipality of Bayham: Land Use
Municipality of Bayham Official Plan: Schedule ‘A2’ Municipality of Bayham: Constraints
APPENDIX ‘B’
Municipality of Bayham Zoning Bylaw Z456-2003: Municipality of Bayham Schedule A, Map No. 6
APPENDIX ‘C’
Municipal Formal Pre-Application Consultation Minutes
APPENDIX ‘D’
Minimum Distance Separation Analysis
Page 1
22003
24 February 2023
PLANNING JUSTIFICATION REPORT
PROPOSED OFFICE/WAREHOUSE TEAR SYSTEMS MECHANICAL CONTRACTORS INC.
10729 PLANK ROAD, MUNICIPALITY OF BAYHAM,
COUNTY OF ELGIN
1.0 INTRODUCTION
This report provides planning impact analysis regarding the proposal of Blayne and Kelsey Thompson for
the proposed TEAR Systems Mechanical Contractors Inc. business on lands which they own located at
10729 Plank Road, Eden Ontario. The proposed development would include a storage warehouse with a
small office and two washrooms for the mechanical contracting business. The subject property for the
proposed use contains an existing single detached dwelling within which they reside as well as an
accessory building now used as a shop for the business which would revert to accessory to the
residential use as well as a small outbuilding. The subject property is depicted on Figure 1: Preliminary
Site plan herein which shows the proposed development along with the previously mentioned
residential use. This proposal requires an amendment to the Bayham Official Plan (OPA) and an
amendment to the Zoning By-law (ZBA) for the Municipality of Bayham. The proposed office and
warehouse would be connected to a new private septic system and would make use of the existing
drinking water well located on the subject property which currently services the single detached
dwelling. Stormwater for the proposed development would be controlled on-site through lot grading.
The subject property is located on the west side of Plank Road (Elgin County Road 19) between Maple
Grove Line and Eden Line south of Eden in the Municipality of Bayham. The legal description of the
subject property is:
Part 2 on Plan 11R7041, Part of Lot 20, Concession 8 Geographic Township of Bayham, Municipality of
Bayham, County of Elgin.
There were two (2) formal pre-consultation meetings with the Municipality of Bayham staff and IBI
Group planning staff (planning consultant for the Municipality of Bayham) that took place relative to the
proposed use. The meetings took place on 12 May 2022 and 27 October 2022 (see Appendix C herein).
Page 2
Figure 1: Preliminary Site Plan
Page 3
2.0 SUBJECT PROPERTY
The subject property has 365.19 metres frontage on Plank Line and 57.81 metres depth which varies
given the triangular shape of the lot as the result of the angle of the abutting former Canadian National
Railway right-of-way running adjacent to the westerly boundary of the property and comprises an area
of 1.06 hectares (2.61 acres). This area includes the single detached dwelling and shop plus the small
outbuilding. The subject property is depicted by the following photographs:
Looking north on the subject property at the location for the proposed warehouse/office.
Photo: Trevor Benjamins, 16 November 2022
Page 4
Looking west from Plank Road at the existing single detached dwelling on the subject property.
Photo: Trevor Benjamins, 16 November 2022
Existing accessory building on the subject property, would remain as accessory use for storage
Photo: Trevor Benjamins, 16 November 2022
Page 5
There are currently two laneway entrances to the subject property from Plank Road, one of which is for
the single detached dwelling (southerly laneway) and the other goes to the existing shop (northerly
laneway). The subject property has mature trees scattered throughout with a variety of trees south of
the existing single detached dwelling which would provide a buffer between the proposed office and
warehouse use and the adjacent residential use. West of the existing single detached dwelling is the
small accessory building that would be kept for residential storage along with the existing shop.
The existing shop has a gravel parking lot which would be expanded primarily to the north to allow for
additional parking as required as part of the development proposal depicted on Figure 1. The subject
property is designated as Estate Residential by the Municipality of Bayham Official Plan (“OP”) and
zoned as Village Residential 1 (R1) by Bayham Zoning By-law No. Z456-2003, as amended, (“ZBL”) (see
Appendices A and B). All information identified as required to support the Official Plan Amendment and
Zoning Bylaw applications by the Municipality of Bayham and the County of Elgin accompanies the
applications.
3.0 SURROUNDING LAND USES
The property is depicted on Figure 2: Subject Property and Surround Land Uses herein which, as noted,
is an irregular pie-shaped lot extending to a point at its northerly extent.
Although the subject property and surrounding land uses are not located within a settlement area
(Hamlet or Village) within the Municipality of Bayham, Figure 2 shows the surrounding land uses to be a
small cluster of existing estate residential single detached dwellings and rural industrial land uses
substantially designated as Estate Residential by the Bayham Official Plan as opposed to Agriculture
which applies outside of the Municipality’s Hamlets and Villages and Estate Residential Areas.
Directly south of the subject property is a single detached dwelling located at 10693 Plank Road, further
south and southwest of this property are two single detached dwellings located at 56017 and 56091
Maple Grove Line. The latter property is zoned as A1-26 permissive of an automobile and marine vehicle
repair shop as an accessory use while the others are zoned as Estate Residential (ER) and Rural
Residential (RR). Further south on Plank Line are four single detached rural dwellings located at 10558,
10566, 10574 and 10593 Plank Road respectively. East and southeast of the subject property are three
single detached dwellings located at 56132, 56260 and 56300 Howey Line.
Directly east of the subject property at 10770 Plank Road is Krahn’s Auto Repair and Sales along with a
single detached dwelling. This property consists of 2.34 hectares (5.79 acres) and is zoned as Rural
Industrial (M2-4) zone permissive of a motor vehicle sales establishment, a public garage, a service shop,
a welding shop, industrial use light and a commercial use as an accessory use. The main industrial
building located at 10770 Plank Road is approximately 779 square meters in area. As is evident from the
photo, some outside storage is entailed in the business.
Southeast of the subject property is another Rural Industrial (M2) zoned property at 56212 Howey Line
containing a storage building and a single detached dwelling as an accessory use. This building is part of
the Krahn’s Auto Repair and Sales use but appears to be mainly used for storage purposes primarily
internal to the building. East of the subject property and north of the main Krahns Auto Repair and Sales
is another single detached dwelling located at 10884 Plank Road which has a driveshed as an accessory
use which will be discussed further in Section 6.1.2 of this report.
Page 6
Figure 2: Subject Property and Surrounding Land Uses
Page 7
Northeast of the subject property at 10900 Plank Road and 10956 Ridge Line are two single detached
dwellings with accessory buildings.
West of the subject property is the former railway railroad corridor which has been abandoned and
ownership has been transferred to the Town of Tillsonburg and the Municipality of Bayham. It is an
electrical transmission corridor from the wind turbines along the Lake Erie shoreline and could be used
for a water main extension to the settlement areas within the Municipality of Bayham in the future.
Therefore, selling it to adjacent land owners is unlikely.
Beyond this corridor is agricultural farmland utilized for cash crop production. Northwest of the subject
property is an existing woodlot, north of which is a rural residential single detached dwelling. Southwest
of the subject property, south of Maple Grove Line is also an existing woodlot.
The surrounding land uses are depicted on the following photographs:
Looking east from Plank Road at Krahns Auto Repair and Sales. (10770 Plank Road)
Photo: Trevor Benjamins, 16 November 2022
Page 8
Looking north at the Krahns Auto Repair and Sales from Howey Line. (56212 Howey Line)
Photo: Trevor Benjamins, 16 November 2022
Looking south from Maples Grove Line at an Automobile and Marine Vehicle Repair Shop.
(56091 Maple Grove Line)
Photo: Trevor Benjamins, 16 November 2022
Page 9
4.0 NATURE OF USE
The proposed mechanical contracting business would be a relatively small-scale business that would
have a maximum of 11-13 employees in the future, currently there are 7 employees, two of which are
the owners who currently live in the existing single detached dwelling. If approved, most other
employees would drive directly to the jobsites as the majority of TEAR Systems Mechanical Contractors
Inc. business is offsite. Since most of the work for the business would take place off site, there would be
limited parking required. Moreover, deliveries to and from the property would be limited to around 10-
12 deliveries per week for supplies and the proposed use would only see 1 to 2 customers per week
maximum. Almost all of the deliveries would be within a small box truck or van and only one (1) tractor-
trailer would be expected to visit the site per week. The business would have strictly daytime hours of
operation, generally, 8:00 am to 5:00 pm with no weekends.
The size of the proposed office would be 74.4 square meters (800 square feet) and the size of the
proposed warehouse would be 486 square meters (5231 square feet) for a total proposed building size
of 560.4 square meters (6032 square feet). As noted, the existing shop on the subject property would be
converted for personal storage and the single detached dwelling would be retained.
Materials delivered would be primarily stored internal to the proposed building pending use in off-site
jobsites and would include a variety of parts and materials comprising but not limited to: mechanical
ducts, furnaces, boilers, gas lines, heat pumps, and HVAC systems used in the business. There would also
be some light manufacturing of ducts and HVAC systems prior to the installation off-site. The office
would have a small number of employees.
The two small washrooms would make use of the existing drinking water well located on the subject
property and use by the single detached dwelling would continue. The well is located south of the
existing driveway between the single detached dwelling and Plank Road. An additional septic system
would be required to service the two small washrooms. There would be ample area north of the
proposed building for the additional septic system which would ensure required setbacks from property
lines and buildings as per the Ontario Building Code (OBC).
The main entrance to the proposed building would be the northerly of the laneway ensuring any traffic
generated would be away from the southerly adjacent single detached dwellings previously mentioned.
The business would service customers who are both farm and non-farm related within the vicinity of the
subject property. The proposed use is shown in more detail in Figure 3: Proposed Office and Warehouse
herein.
Page 10
5.0 PROPOSED AMENDMENTS
5.1 Proposed Official Plan Amendment (OPA)
It was confirmed in consultation that the subject property is designated in the OP as Estate Residential
(OP Schedule ‘A1’, see Appendix A).
OP Section 3.1.4 provides policies for lands designated in the OP as Estate Residential. Specifically, OP
Section 3.1.4.2 states the following: “Estate Residential Uses shall be restricted to low density single
detached dwellings.” Since the proposed use would be for mechanical contracting business, a site
specific OPA would be required to permit the proposed use.
The proposed site-specific OPA would retain the Estate Residential designation, with the mechanical
contractor’s office and warehouse being permitted as a Site-Specific Policy exception applicable to the
subject property.
The proposed Site-Specific Estate Residential Area policy would be as follows (Proposed OP Section
3.1.4.5):
“On land designated as Estate Residential at 10729 Plank Road, in addition to residential use, a
mechanical contractor’s warehouse and office with two washrooms including a parking lot shall also be
permitted subject to site plan approval under Section 8.17.”
5.2 Proposed Zoning Bylaw Amendment (ZBA)
As noted, the subject property is currently zoned on Schedule “A” Map No. 6 of the ZBL as Estate
Residential (ER) (see Appendix B). Based upon approval of the OPA, the proposed ZBA would rezone the
subject property from Estate Residential (ER) to a site specific Rural Industrial (M2) zone under the
Municipality of Bayham ZBL No. Z456-2003, as amended.
Since the proposed industrial warehouse and office is not permitted under the ER zone, it was discussed
in consultation with the Municipality of Bayham planning staff that a zoning change would be required
to a Rural Industrial (M2) zone. ZBL Section 21.1 outlines the permitted uses in the M2 zone as follows:
21.1 Permitted Uses
No land shall be used and no buildings or structures shall be erected, used or altered in the Rural
Industrial (M2) Zone except for the following purposes:
Industrial use, general;
Industrial use, light;
A commercial use as an accessory use;
One dwelling unit as an accessory use.
The ZBL definition for the proposed office and storage warehouse would be as follows:
• INDUSTRIAL USE, LIGHT, shall mean the manufacturing assembly or processing of component
parts to produce finished products suitable for retail or service trade but does not include food,
beverage, tobacco, rubber, leather, textiles and knitting, wood, printing, metal fabricating or
similar industries if these operations involve stamping presses, furnaces, machinery, or the
emission of any air, noise or water pollution, that can be smelled, heard or otherwise perceived
outside of the building used for such purposes.
Page 11
Figure 3: Proposed Office and Warehouse
Page 12
The proposed use would comply with this definition as manufacturing and assembly would be incidental
to the mechanical contracting business and the majority of work would take place off-site. The existing
single detached dwelling would be permitted as an accessory use.
The proposed development would require a site-specific amendment to include office space to support
the proposed use. The ZBL defines Offices, General, as follows:
• OFFICE, GENERAL, shall mean any building or part of a building in which one or more persons
are employed in the management, direction or conducting of an agency, business, labour or
fraternal organization, but excludes such uses as retail sale, manufacture, assembly or storage of
goods, or places of assembly and amusement.
The preliminary site plan would comply with the regulations of ZBL Section 21.2 through 21.7. Site-
specific relief would be required relative to ZBL Section 21.8 for a 6.0 meter rear yard from the electrical
transmission corridor as opposed to 10.0m. The subject property has a triangular shape with the
northern limit (rear yard) of the subject property coming to a point with the front lot line. There is no
northerly interior side yard given to the configuration and irregular shape of the property. Moreover,
with the electrical transmission corridor not likely to be sold to nearby landowners, the requested relief
from 10.0 meters to 6.0 meters would be a practical solution while still holding the intent of the ZBL and
making efficient use of underutilized space.
The proposed site-specific M2 zone is as follows:
21.10.13.1 Defined Area
M2-XX as shown on Schedule “A” Map No. 6 to this By-law.
21.10.13.2 Permitted Uses
Industrial Use with accessory office
21.10.13.3 Permitted Buildings and Structures
Buildings and structures for the permitted uses.
21.10.13.4 Maximum Building Floor Area
565 m2
21.10.13.5 Minimum Rear Yard Depth
6.0 m
Page 13
6.0 PLANNING IMPACT ANALYSIS
6.1 Provincial Policy
6.1.1 Provincial Policy Statement (PPS)
The PPS 2020 provides policy direction on matters of provincial interest related to land use planning and
development within the Province of Ontario under the Planning Act. Decisions of municipalities
regarding proposed OPAs and ZBAs are required to be consistent with applicable PPS policy under
Planning Act legislative authority. In interpreting the PPS as it relates to the proposed OPA and ZBA, it is
of note that the subject property is an irregularly shaped and relatively large parcel for residential use at
1.06 hectares compared to some of the surrounding estate residential lots previously discussed in
Section 3 of this report. Figure 1 demonstrates that the lot is large enough to support the proposed use
while meeting the standard zoning regulation of an M2 zone and avoid negative impacts upon
surrounding properties, some of which are also rural industrial in nature. In addition, the subject
property is designated as Estate Residential as opposed to Agricultural in the OP meaning that, although
it would be within a prime agricultural area under the PPS, agricultural use is precluded from a practical
perspective. As a result, it is more appropriate to consider the proposed OPA and ZBA within the Rural
Lands PPS framework.
The OPA by way of site-specific OPA subject to site plan approval (SPA) under Section 41 of the Planning
Act and ZBA proposed by Blayne Thompson to permit an office and storage warehouse would be
consistent with PPS policy as follows:
• The PPS defines Rural Lands as follows: “means lands which are located outside of settlement
areas and which are outside of prime agricultural areas.” The OP designation is Estate
Residential and Elgin County Official Plan (COP) Section C2.2 recognizes that certain lands, such
as the subject property, are currently designated for non-agricultural development and on that
basis are deemed to not be within prime agricultural area. As a result, PPS Section 1.1.5 Rural
Lands in Municipalities is considered to be policy relevant to the proposed development.
• The PPS does not define home industry but the proposed use has some characteristics of home
industry and would be subject to site plan approval to ensure compatibility with neighbouring
residential uses further to PPS Section 1.1.5.2.
• The proposed office and warehouse would have a buffer from the southern and easterly single
detached residential uses identified within Section 3 of this report. This is possible as the
existing single detached dwelling on the subject property would be between the proposed
office/warehouse and the residential uses to the south. Existing mature trees also ensure this
buffer along with the additional plantings proposed. Krahn’s Auto Body and Repair to the east is
an existing rural industrial land use which has arguably more potential to generate noise and
dust than the proposed land use by virtue of the type of use whereas the proposed use is mainly
storage, with two small washrooms and an office unlikely to generate much noise or dust, if any.
Moreover, the site plan approval process will allow for consideration of compatibility measures
including dust control if required further to PPS Section 1.1.5.4.
Page 14
• The Krahn’s Auto Body use has little in the way of buffer from adjacent land uses and is
substantially larger in size to that of the proposed use at 560.35 square meters vs approximately
779 square meters with no maximum floor area limit meaning that future expansion to the M2
zone setback regulations would be a possibility. The subject property is also located next to a
decommissioned former railway corridor now utilized for electrical transmission purposes.
• In consideration of the D6 Compatibility with Industrial Facilities provincial guide, the proposed
use would constitute a Class I Industrial Facility and would meet the 20 m required minimum
setback whether measured from the proposed building to the nearest residential uses or from
the building to the nearest lot line of nearest residential uses. The residential use is already
established on the property and the proposed office and warehouse would be located in
accordance with the M2 zone front yard regulation. Further, the proposed office/warehouse
would use an existing private drinking water well on the subject property and a new septic
system further to PPS Section 1.1.5.4, 1.1.5.5, and 1.2.6.1.
• In addition to D6 reference as to setbacks above, Section 6.1.2 of this report reviews
surrounding land uses in detail with respect to minimum distance separation formulae as
required under PPS Section 1.1.5.8. Given there are no barns within 750 meters of the proposed
use, there would be compliance with MDS further to PPS Section 1.1.5.6 and 1.1.5.8.
• Approval of the OPA and ZBA by the Municipality of Bayham would support a diversified rural
economy by providing valuable services to a rural and non-rural customer base within Bayham
and surrounding areas, while also creating employment opportunities. further to PPS Section
1.1.5.7.
• Further to PPS Section 1.1.5, given the limited scale and size of the proposed development, it
would not prevent the efficient expansion of nearby settlement areas including Eden and
Straffordville which further builds a strong rural area within Bayham further to PPS Section 1.1.1
d).
• The proposed development would make use of an existing drinking water well that is currently
being used by the single detached dwelling. The proposed development would control
stormwater management on-site and only require a new septic system which ensures the
necessary infrastructure are available to meet the needs of the proposed development further
to PPS Section 1.1.1. g).
• The proposed rural industrial development on Rural Lands which are included as Rural Areas in
Municipalities under the PPS would promote diversification of the economic base within the
Municipality of Bayham and provide employment opportunities within the Municipality. The
proposed development would continue to make use of an existing single detached dwelling
accessory to the proposed mechanical contracting business further to PPS Section 1.1.4.1 f) and
i).
• Further to PPS Section 1.1.5, the natural features identified northwest and south of the subject
property would be avoided in the proposed development further to PPS Section 2.1.1.
Page 15
• The proposed development of the subject property would make efficient use of the laneway
access that already exists and the Traffic Impact Study (TIS) establishes that there would be no
traffic impacts (see Section 7.1 of this report). In addition, the site would be connected to a
private well and septic system, with stormwater management controlled on-site. Section 6.1.2
of this report refers to MDS research and analysis which further confirms that prime agricultural
areas will be protected further to PPS Section 2.3.1.
• The proposed OPA and ZBA are not related to lot creation and the subject property is
designated as Estate Residential (ER) and not Agricultural (A) in the OP. Moreover, the Estate
Residential (ER) designation means that the existing land use is a non-resource use as outlined in
the Bayham OP and the proposed development would not occur on any resource areas
identified in the Municipality of Bayham which further protects valuable resource areas.
Therefore, the land does not comprise prime agricultural land or any specialty crop areas and
PPS Section 2.3 is not relevant to the proposed development.
• The proposed development would occur outside of any Natural Hazards or Human-Made
Hazards listed in PPS Sections 3.1 and 3.2 and would not impact the public health and safety of
any surrounding land uses therefore PPS Section 3.0 is not relevant to the proposed
development.
Conclusion: Based on the foregoing analysis, the proposed mechanical contracting business with a
warehouse and small office would be consistent with the PPS.
6.1.2 Minimum Distance Separation Guidelines (Publication 853)
The OMAFRA Minimum Distance Separation (MDS) Document (Formulae and Guidelines for Livestock
Facility and Anaerobic Digester Odour Setbacks, Publication 853) guideline #10 MDS 1 Setbacks for
Zoning By-Law Amendments and Official Plan Amendments requires that in order to rezone or
redesignate the subject property outside of a settlement area it must comply with MDS 1. The MDS 1
formula determines setbacks between proposed new development and existing livestock barns, manure
storages and/or anaerobic digesters.
The subject property is not currently located within a settlement area and the use of the subject
property is existing residential within a cluster of existing residential and rural industrial uses. With the
proposed use being Industrial in nature, the more sensitive use, i.e., single detached residential, is
already established on the subject property. If approved, the proposed OPA and ZBA would permit
industrial use outside of a settlement area therefore constituting Type A land use (less sensitive) under
Guideline #33. Type A requires a review of all barns located within 750 meters of the proposed use.
Accordingly, Appendix D herein includes an aerial map and table with potential livestock operations
within a 750 meter radius of the proposed use.
Based on review of surrounding land uses further to Section 3.0 of this report, there are 8 separate
properties which contain structures having the possible potential to constitute Barns under Publication
853.
Section 8.5 thereof defines Barns as follows:
• Barns (or storages) that are NOT structurally sound or reasonably capable of housing livestock or
storing manure should NOT be considered in MDS, because of safety, environmental and
functionality reasons.
Page 16
Since the majority of buildings within 750 meters of the subject property were constructed or are
currently used for storage purposes, they should be considered NOT reasonably capable of housing
livestock without substantial modifications and/or expansion nor do they have any indication of manure
storage. Each structure identified within Appendix D (even those with possible livestock use at one time)
has no visual appearance of manure storage which would pose a limitation to barn use given the
Appendix D information.
It should be noted that the two properties that possibly had previous livestock within the 750 meters of
the property (Map ID #5a and Map ID #7) showed some evidence of this in the aerial photographs
shown in Appendix D. For Map ID #5a, the owner of the property was contacted and confirmed no
livestock are currently located on the property. Map ID #7 is both OP designated and zoned as Estate
Residential and, therefore, would not be eligible to have livestock operation without an OPA and ZBA.
Similarly, Map ID #6 references an older wooden bank barn which would require substantial upgrades in
order to house a significant amount of livestock and has no evident manure storage.
Therefore, none of the buildings within 750 meters of the proposed development would be considered
capable of housing livestock and MDS setbacks would not apply.
6.1.3 Conclusion
Based on the foregoing analysis, the proposed development use would be consistent with the PPS and
the MDS document (Publication 853) given the information outlined within Appendix D of this report.
6.2 County of Elgin Official Plan (COP)
The COP was approved by the Ministry of Municipal Affairs and Housing on 9 October 2013 with
modifications that were consolidated in February of 2015.
As previously stated, the subject property is not located within a settlement area and is, therefore, not
considered under the County’s’ hierarchy of settlement areas. However, it should be noted that the
subject property is surrounded by a cluster of existing rural residential and rural Industrial land uses as
has been demonstrated per Section 3.0 of this report which in turn provides an ideal location for the
proposed development.
The purpose of the COP outlined in COP Section 4, does not duplicate the policies of the local OP, but is
intended to provide guidance for designations at the local level.
COP Section C2.2 Location stipulates the following:
“It is recognized that certain lands outside of settlement areas have been designated for nonagricultural
development by the lower tier Official Plans and these lands are deemed to not be within the prime
agricultural area and are instead subject to the relevant policies of this Plan and the policies of the lower
tier Official Plan.”
Given the foregoing policy, it is concluded that since the proposed use is designated under the OP as
Estate Residential and not an Agricultural area designation, the proposed use is not considered to be
Prime Agricultural Land. Therefore, the lands are designated for non-agricultural subject to the OP
policies outlined within Section 6.3 of this report. A proposed site-specific OPA would allow the
proposed warehouse and office to be permitted in addition to the single detached dwelling on the
property.
Page 17
As previously indicated within Section 6.1.1 of this report, the proposed office and warehouse would
have adequate setbacks from surrounding sensitive land uses. In addition, the proposed warehouse
would be mainly used for storage purposes and have limited employees working onsite. There would be
very little dust, odour or noise generated from the proposed development, if any, ensuring no risk to
public safety or health conforming with COP Section E1.1. The Municipality of Bayham would have an
opportunity to address more screening or buffering through landscaping and planting through SPA.
The Traffic Impact Study (Section 7.1 of this report) concludes that the proposed development would
not likely generate any significant traffic nor affect surrounding land uses conforming with COP Section
E5.3.
Elgin County Road 19 (Plank Road) is a tourism corridor as identified on Schedule B of the COP. The TIS
prepared (Section 7.1 of this report) stipulates the proposed development would have no measurable
impact on the operation of Plank Road which ensure safe and efficient movement of traffic on Elgin
County Road 19. The proposed development would be an enhancement to the existing tourism traffic
corridor conforming with intent COP E5.6.
Conclusion: Based on the foregoing analysis, the proposed development would be in conformity with
the County of Elgin Official Plan subject to a site-specific OPA.
6.3 The Municipality of Bayham Official Plan (OP)
The OP was adopted by Council on 5 July 2001 and approved on 16 August 2002, updated by OPA No. 26
which was approved by the County of Elgin on 10 August 2021. As previously stated, the subject
property is designated as Estate Residential (ER) in the OP (see appendix A).
The proposed development would minimize land use conflicts while accommodating the needs of a
mechanical contracting business. It would avoid development on prime agricultural farmland and make
use of an underutilized parcel inordinately large for rural residential use. In addition, no natural heritage
features are identified near the subject property, and the existing trees would be kept if the proposed
development were approved. The Municipality of Bayham could also require more plantings for a buffer
to any surrounding land uses particularly along Plank Road if approved since the proposed development
would be subject to SPA to ensure the proposed development would not impact surrounding land use.
The proposed development would make use of an underutilized parcel conforming with OP Section 1.4
a), e), g) and h).
OP Section 3.1 is relevant to the subject property given its Estate Residential designation outside of a
settlement area which constitutes a Non-Resource Uses area under the OP. In this respect, OP Section
3.1.1.1 states the following:
“These land use policies are intended to apply to site-specific areas of the Municipality outside of the
settlement areas where the predominant land use activity is not related to agriculture or other resources
outlined in Section 2 of the Plan. These policies apply to lands outside the settlement areas which may
be used for non-farm activities and where no identifiable adverse impacts on agriculture or the land uses
within settlement areas will occur. Such areas are subject to a site-specific amendment to the Official
Plan and the regulations of the Zoning By-law.”
Page 18
Given the location of the subject property within the Estate Residential designation and that no adverse
agricultural impacts have been identified, the proposed OPA for the subject property to permit an office
and warehouse for a mechanical contracting business not related to agriculture or other resources
conforms with OP Section 3.1. Further, the proposed development would make use of an irregularly
shaped lot and would not impact the surrounding farmland to the west of the subject property beyond
the electrical transmission corridor lands given the main use is for storage and the office would have
limited employees and would also be limited in size.
The proposed development would be compatible with the surrounding land uses to the east as the
existing 779 square meters Krahn’s Auto Repair and Sales building is considerably larger with room for
expansion than the proposed office and warehouse on the subject property at only 560.35 square
meters. In addition, the mature trees existing on the subject property would be kept if the proposed
development were approved and possibly augmented through SPA. The existing single detached
dwelling on the subject property would act as a buffer from the other southerly adjacent and northeast
residential land uses, which ensures the proposed development would be compatible with the
surrounding land uses.
As mentioned, the proposed development would not impact cultivation of the westerly farmland. There
is also the intervening electrical transmission corridor (approximately 20 metres in width) which would
be between the proposed use and the cultivated land. The nature of the use is relatively small with little
opportunity for expansion in future and the number of employees with minimal customers and
deliveries being made to the subject property as outlined in Section 4.0 of this report. As a result,
mitigation measures beyond the recommended landscaped buffering along Plank Road are unlikely to be
necessary and, therefore, the proposed development would conform with OP Section 3.1.1.3.
OP Section 3.1.3 outlines general policies that apply to all non-resource uses such as the existing Estate
Residential designation applicable to the subject property.
The proposed development conforms with OP Section 3.1.3.1 as the proposed use would not have any
impacts on either the environment or agricultural use and would be compatible with the surrounding
land uses as previously demonstrated and as will be addressed through the SPA process prior to building
permit.
Figure 1 shows the proposed office and warehouse location including the location of the existing well
and existing septic system. There would be ample room north of the proposed office and warehouse for
a new septic system to service the washrooms and office. The proposed development would utilize the
existing drinking water well located on the subject property and would make use of the existing gravel
lot that would be extended slightly west to facilitate more parking spaces. Additional buffering and
landscaping measures the municipality sees necessary can be implemented through the SPA process if
approved conforming with OP Section 3.1.3.2.
OP Section 3.1.3.3 is technically not applicable to the proposed development given that the lands are
already within a Non-Resource Use (Estate Residential) area.
The proposed development is not a residential building or use and therefore requires SPA under OP
Section 8.17.1.2. The Municipality of Bayham will have an opportunity to implement further
landscaping, signage, etc., throughout the process outlined in OP Section 8.17.1.5.
Conclusion: Based on the foregoing analysis, the proposed development would be in conformity with
the Municipality of Bayham OP subject to a site-specific amendment to the OP.
Page 19
6.4 The Municipality of Bayham Zoning Bylaw Z456-2003 (ZBL)
The ZBL was adopted on 15 April 2002 and was updated on 16 January 2020. As has been noted, the
subject property is currently zoned as ER reflective of its Estate Residential OP designation. As previously
discussed in Section 5.2 of this report a rezoning from ER to a site-specific M2 zone would be required to
support the proposed office and warehouse.
The proposed warehouse and office would be set back from the centreline of County Road 19 (Plank
Road) 27.5 meters exceeding the minimum setback from a County Road of 26.0 meters, therefore
complying with ZBL Section 4.22.1 b).
As illustrated by Figure 1, the proposed use complies with parking requirements outlined in ZBL Section
4.32.2. Warehouse use and Industrial Uses/Manufacturing Parking requirements are two (2) spaces plus
one (1) space per 140.0 m² gross floor area. Since the proposed total building size is 560.35 meters
square, 6 parking spaces are required.
The purpose of the proposed ZBA is to change the zoning of the subject property to match the
corresponding OPA to permit the proposed mechanical contracting business. Conditional upon the site-
specific OPA approval, the development would require a ZBA to rezone the subject property to site-
specific M2 in order to permit an office and warehouse which is considered Industrial use, light as
addressed in Section 5.2 of this report.
ZBL Section 21.1 Permitted Uses outlines the uses within the M2 Zone as follows:
No land shall be used and no buildings or structures shall be erected, used or altered in the Rural
Industrial (M2) Zone except for the following purposes:
Industrial use, general;
Industrial use, light;
A commercial use as an accessory use;
One dwelling unit as an accessory use.
As shown with ZBL Section 21.1, the existing dwelling would be permitted and the existing shop would
be converted to residential accessory storage.
M2 Zone Requirements are as follows per ZBL Sections 21.2, 21.3, 21.4, 21.5, 21.6, 21.7, and 21.8:
Standard Provision of the M2 Zone Proposed Site Plan
21.2 Minimum Lot Area 4,000m² 10,556 m²
21.3 Minimum Lot Frontage 30.0m 365.193m
21.4 Maximum Lot Coverage 35% 8.5%
21.5 Maximum Building Height 12.0m 12.0m
21.6 Minimum Front Yard Depth 12.2m 12.2m
21.7 Minimum Side Yard Width 7.5m 7.64m
21.8 Minimum Rear Yard Depth 10.0m 6.0m Requested Site-
Specific Relief
Page 20
The proposed site plan would meet or exceed all the zoning regulations outlined in the ZBL and the
proposed warehouse and office are sized to provide required setbacks and coverage complying with ZBL
Sections 21.2, 21.3, 21.4, 21.5, 21.6, 21.7, and 21.8 subjects to the requested relief for Minimum Rear
Yard Depth from 10.0 meters to 6.0 meters. The existing shop located on the subject property currently
has a rear yard depth of 4.03 meters whereas the proposed building location would have 6.0 meters if
approved. The rear yard depth for the proposed use is unique given the triangular shape of the property
and, if the lot were more regularly shaped, would more than likely meet the required depth of 10.0
meters. In addition, the westerly adjacent electrical transmission corridor right-of-way acts as a buffer
from the farmland beyond the decommissioned railroad. Therefore, the requested relief of rear yard
depth would conform with the general intent of the ZBL Section 21.8 to ensure adequate setback from
adjoining uses.
ZBL Section 21.9 refers to MDS from livestock to buildings and structures: the proposed development
would be over 750.0 meters from any livestock buildings that are capable of holding livestock as
referred to within Section 6.1.2 of this report.
Conclusion: Based on the foregoing analysis, the proposed development would comply with the
Municipality of Bayham ZBL subject to the rezoning from ER to site-specific M2.
7.0 TECHNICAL STUDIES
7.1 Traffic Impact Assessment
Frank R. Berry & Associates prepared the Traffic Impact Study (TIS) required by the County of Elgin for
this proposed development. The report was issued on 1 December, 2022. The report outlines that the
expanded facility could employ up to 13 employees and that in peak traffic hours it is estimated that no
more than two or three vehicles would enter and exit the site to accommodate any deliveries required
to be made. The report states that there are sufficient gaps in the traffic flow on Plank Road to permit
any turning movements. The report also shares that site distance is not an issue and that the access is
far enough removed from the intersection of Maple Grove Line and Howey Line that any traffic
operation would have no impact on site access. The report concludes that with the proposed expansion
(including truck movements) would have no measurable impact on the operation of Plank Road.
8.0 SUMMARY AND CONCLUSIONS
The proposed OPA and ZBA for 10729 Plank Road to permit a Mechanical Contracting business on the
subject property as addressed by this report would be consistent with the PPS and also in conformity
with the County of Elgin and the Bayham Official Plans and the Bayham Zoning By-law as follows:
• PPS consistency in that it is warranted to consider the proposed development location as within
the Rural lands under the PPS as opposed to prime agricultural lands. It would make use of rural
services and would provide employment and economic opportunities. It would be compatible
with surrounding land uses, not affect the natural environment, and would also be located
outside of any hazardous lands as stipulated further to PPS Section 1.1.5.
• COP C2.2 conformity in that the subject property is designated as Estate Residential and not
Agricultural. Therefore, it is not considered prime agricultural land and would not impact nearby
agricultural land or any livestock uses given the location and cluster of existing rural and
industrial land uses surrounding the property.
• Bayham OP conformity in that the proposed use is already designated as Estate Residential and
the site-specific OPA would allow the proposed use to make efficient use of an underutilized
Estate Residential parcel. The subject property is large enough to accommodate the proposed
Page 21
use while of having benefit and providing service to the Elgin County and the Bayham economy.
• ZBA would limit the use of the subject property ensuring the scale and size of the business
proposed would be limited in size and number of employees.
• Any proposal for a change in use in future would be subject to another OPA and ZBA.
• The Municipality of Bayham would have an opportunity to implement more landscaping,
plantings, buffers, signs etc. as determined to be necessary to ensure the proposed use would
be not impact adjacent land uses. It is recommended that the proposed development be subject
to SPA which would provide the opportunity for the Municipality to address detailed design
matters.
• The subject property is currently underutilized land with no areas of existing natural heritage or
environmental features located adjacent or within the relative vicinity of the subject property.
• The proposed development does not have any structures capable of housing livestock, i.e.,
“barns” as defined by the MDS Document (Publication 853), within 750 meters of the proposed
use.
• The subject property would make use of an existing drinking water well and require a new septic
system for the proposed office and warehouse with two small washrooms which ensures the
proposed development would be adequately serviced. Storm water would be controlled on-site
through lot grading.
• The proposed mechanical contracting business would be an employment opportunity for
residents who live here and provide an opportunity for economic development within the
Municipality of Bayham and the County of Elgin.
• The existing single detached dwelling would provide a buffer from nearby Estate Residential
dwellings given that the existing single detached dwelling is closer in proximity to these land
uses than the proposed warehouse and office
• The size of the lot and the scale of the proposed use combined with the proximity of existing M2
zoning permissive of active and larger scale rural industrial land use make it a practical and
feasible location for this type of development. • Representative of sound land use planning.
9.0 REFERENCES - STUDIES
1. Traffic Impact Study, Frank R. Berry & Associates, 1 December 2022
** ** **
All of which is respectfully submitted by,
Trevor Benjamins Barbara G. Rosser, RPP, MCIP
OPPI Pre-Candidate Planning Consultant
Associate Planning Technician Associate to Cyril J. Demeyere Limited.
Cyril J. Demeyere Limited.
TB/kc
APPENDIX ‘A’
MUNICIPALITY OF BAYHAM OFFICIAL PLAN:
SCHEDULE ‘A1’ MUNICIPALITY OF BAYHAM: LAND USE
MUNICIPALITY OF BAYHAM OFFICIAL PLAN:
SCHEDULE ‘A2’ MUNICIPALITY OF BAYHAM: CONSTRAINTS
APPENDIX ‘B’
MUNICIPALITY OF BAYHAM ZONING BYLAW Z456-2003:
MUNICIPALITY OF BAYHAM SCHEDULE A, MAP NO. 6
A1-A
A1-A
A1-A
A1-A
A1-A
A1-A
A1-A
A1-A
A1-A
A1-A
A1-A A1
A1
A1A1
A1
A1
A1 A1
A1 A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
A1
A1A1
A1
A1 A1A1
RR RR
RR
RR
RR
RR
RRRR
RR
A1-12
ER ER
ER
ER A1/T2-7
A2
A2
A1-8
OS2-6
M2-6I
I RR-8
I-3
ER-6
A1-26 M2-4
RR-38
M2
R1
R1(h2)
NORTH
OF TALBOT
ROAD EASTRIDGELINE
HERITAG
E
LI
N
E COYLE RDPLANK RDVINCENT LINE
EDEN LINE
(EXPIRES JUNE 7, 2028)ORANGEHALLRD
BLAC
KBRIDGELINE
MAPLEGROVE LINE
HOWEY LINE
C O Y L E R D
TOLL GATE RDBAYHAMNORFOLKBOUNDARYRDSEE SCHEDULE A-MAP No.9
SEE SCHEDULE A -MAP No.3SEE SCHEDULE D - MAP EDEN
SEE SCHEDULE FSTRAFFORDVILLESEE SCHEDULE A - MAP No. 5CON 7
CON 8
0 530 1,060265
Metres
NLegend
LPRCA Regulation Limit
MUNICIPALITY OF BAYHAM
SCHEDULE AMAP No. 6
ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 12, 2021
APPENDIX ‘C’
MUNICIPAL FORMAL PRE-APPLICATION CONSULTATION MINUTES
May 12, 2022
Zoom Virtual Pre-Consultation Meeting – 11:00 a.m.
Re: 10729 Plank Rd
Attendees: Blayne Thompson, Owner
Trevor Benjamins, CJDL Consulting Engineers
Peter Penner, CJDL Consulting Engineers
Paul Riley, IBI Group Municipal Planning Consultant
Margaret Underhill, Planning Coordinator/Deputy Clerk Municipality of Bayham
Thomas Thayer, CAO/Clerk Municipality of Bayham
Proposal:
- Non-residential development on the subject lands
- Owner owns TEAR Systems, a mechanical contractor business and wishes to accommodate this
growing business on the subject lands
- Official Plan designation: Estate Residential
- Zoning designation: Estate Residential (ER)
- Retain the single detached dwelling and existing accessory building used as a shop in support of
the business
- Proposal would change the primary use of the lands from residential to commercial
T.Benjamins:
- 65’ X 85’ shop to be constructed on the lands and believe it will fit
- It is understood that an Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA) and
Site Plan Approval (SPA) is required
- Shop to be used for material storage with two washrooms and office
- 5 employees plus Blayne and Wife
- Proposed shop will use the same well as the house and install separate septic system for the
shop
- Across the road is M2-4 Zoning and M2 around the corner on Howey Line
B.Thompson:
- across the road is industrial with commercial
- 1-2 customers stop at the property per month
- 1-2 deliveries by cube van or state truck per day
- Business is more of a mobile service going off-site with shop used for storage
10729 Plank Rd Pre-Consultation Notes 2
P.Riley:
- Commercial uses are not supposed to be in a rural area – in an Estate Residential designation
- OPA, ZBA and SPA with grading plan are all required with a Planning Justification Report to
support he OPA and ZBA
- There are OP policies to address as to why this is needed at this location and why not in a
commercial area
- This is not considered to be small scale
- What is the justification for placement in rural and not in a settlement area?
- May propose a Rural Commercial designation
P.Penner:
- Servicing requirements are less than a house – no municipal services available
- Will look at the drainage patterns
- Perhaps be able to limit the scale
M.Underhill:
- County will be circulated as they are the approval authority for the OPA
- a Traffic Impact Study may be required but the County will provide comment
- 4-6 month process – public process with no guarantee of outcome
Meeting ended at 11:25 a.m.
Follow-up May 24/22
County:
B. Lima:
- a traffic impact study will need to be prepared for the County’s review and further comment.
In the absence thereof, all additional comments are deferred until receipt of the study findings.
P. Hicks:
- applicants should review and be able to address the policies of the County OP regarding non-
agricultural uses in the County’s ‘Agricultural’ designation. I would share IBI’s concerns
regarding the overall appropriateness of the use in this area, and why it could not be
accommodated in an existing employment designation, but otherwise the County will generally
defer to the Municipality to determine the appropriateness of the OPA.
October 27, 2022
Zoom Virtual Pre-Consultation Second Meeting – 10:00 a.m. – 10:52 a.m.
Re: 10729 Plank Rd, Eden
Attendees: Blayne Thompson, Owner Trevor Benjamins, CJDL Consulting Engineers Peter Penner, CJDL Consulting Engineers
Paul Riley, IBI Group Municipal Planning Consultant Margaret Underhill, Planning Coordinator/Deputy Clerk Municipality of Bayham Thomas Thayer, CAO/Clerk Municipality of Bayham
Regrets: Paul Hicks, Urban Planner Consultant to County of Elgin Brian Lima, County of Elgin General Manager of Engineering, Planning & Enterprise / Deputy CAO
Proposal:
- Non-residential development on the subject lands
- Owner owns TEAR Systems, a mechanical contractor business and wishes to
accommodate this growing business on the subject lands
- Official Plan designation: Estate Residential
- Zoning designation: Estate Residential (ER)
- Retain the single detached dwelling and existing accessory building used as a shop in
support of the business
- Proposal would change the primary use of the lands from residential to commercial
T. Benjamins:
- It is understood that an Official Plan Amendment (OPA), Zoning By-law Amendment
(ZBA) and Site Plan Approval (SPA) are required
- Proposed shop will still use the same well as the house and install separate septic
system for the shop
- Across the road is M2-4 Zoning and M2 around the corner on Howey Line
- Revise to consider limiting the size of the additional accessory building and therefore the
size of the business
- Business is mostly storage with a small office with washrooms and office
- Would Bayham and County consider an M2 restricted zoning change with the required
OPA?
P. Riley:
- The Estate Residential lot only permits residential use - Does not appear to be secondary to the dwelling residential so it is not a secondary use as per County policies C2.7.1, i.e. it’s not a “home industry”
- Would be an M2 Zone change
10729 Plank Rd Pre-Consultation Notes – Oct 27/22 2
- Consider Bayham OP Section 3.1.3.3 need for land use, location etc. and OP Section 3.3.1 a) and j) additional lands
- There is no set building size for the proposed use
- Provide justification for site-specific M2 for warehouse storage facility
- Land soils classifications are not relevant to the justification
B. Thompson: - Looked at other properties in Norfolk - but can’t find in Bayham - On my site there would be no manufacturing going on
P. Penner: - Malahide is proposing 1 acre lots in Kingsmill for allowing Home Industry
- Norwich has similar zoning – but no M2 availability - Not a conflicting use to surrounding uses - Blayne’s own house on the property created a buffer to other residential in the area - How large of a building would fit? P. Riley: - 10% lot coverage max for accessory buildings but it’s not an accessory building - 26 metre setback from centreline of a County Rd - Include building plans/drawings with the application - Need complete applications for OPA, ZBA and SPA later in the process - Might want to include review of home industry policies - May have to consider the house size in relation to the proposed building size in the zoning amendments - Address buffering requirements in the site plan considerations
B. Thompson: - Are neighbours letters needed?
M. Underhill: - When the Notice gets circulated the neighbours can submit their comments in support
or opposition - County previously noted a requirement for a Traffic Impact Study and County Planning noted to review and be able to address the policies of the County OP regarding non-agricultural uses in the County’s ‘Agricultural’ designation and have regard to the overall appropriateness of the use in this area and why it could not be accommodated in an existing employment designation - Put in your best OPA application with justification to start.
Meeting Adjourned at 10:52 a.m.
APPENDIX ‘D’
MINIMUM DISTANCE SEPARATION ANALYSIS
Plank Road
(
C
o
u
n
t
y
R
o
a
d
1
9
)Howey RoadMaple Grove LineHowey RoadR
i
d
g
e
R
o
a
d
Cyril J. Demeyere LimitedP.O. Box 606, 261 BroadwayTillsonburg, Ontario. N4G 4J1Tel: 519-688-1000866-302-9886Fax: 519-842-3235cjdl@cjdleng.comHOWEY ROAD
Map Id # 911
Address
OP
Designation
Zoning Distance to
Subject
Property
Appear
Structurally
Sound
Appearance
of Manure
Storage
Confirm
Livestock
Presence
1 10884 Plank
Road
Agriculture
A1 182m
Yes None Yes, no
livestock
presence
confirmed
with owner
2 10900 Plank
Road
Agriculture
A1 311m
Yes None Yes, no
livestock
presence
confirmed
with owner
2a 10900 Plank
Road
Agriculture
A1 285m Yes None Yes, no
livestock
presence
confirmed
with owner
3 10960 Plank
Road
Agriculture
A1 692m Yes None N.A See
photos
4 55942
Maple
Grove Line
Agriculture
A1 451m Yes None Yes, no
livestock
presence
confirmed
with owner
5 55903
Maple
Grove Line
Agriculture
A1 676m Yes None Yes, no
livestock
presence
confirmed
with owner
5a 55903
Maple
Grove Line
Agriculture
A1 699m Yes None Yes, no
livestock
presence
confirmed
with owner
6 56370
Howey Line
Agriculture
A1 751m Not likely for
any MDS
None Outside 750
m Radius,
no
structurally
sound
7 11050
Ridge Line
Estate
Residential
ER 602m Yes None ER does not
allow
livestock
operations
8 10956
Ridge Line
Agriculture
A1 397m Yes None N.A See
photos
Photos:
Mad ID #1
Map ID #2
Map ID #2a
Map ID #3
Map ID #4
Map ID #5
Map #5a
Map ID #6
Map ID #7
Map ID #8
IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects
Memorandum
To/Attention Municipality of Bayham Date April 11, 2023
From Paul Riley, BA, CPT Project No 3404-893
cc William Pol, MCIP, RPP
Subject Official Plan and Zoning By-law Amendment application - Blayne and Kelsey Thompson for lands located at 10729 Plank Road
_______________________________________________________________
1. The Municipality of Bayham has received Official Plan Amendment Application OPA 02-23
and Zoning By-law Amendment Application ZBA 02/23 from CJDL Consulting Engineers
on behalf of Blayne and Kelsey Thompson (hereafter “owner”) to permit a mechanical
contractor’s warehouse and office use for a mechanical services business in the Estate
Residential designation of the Official Plan. The proposal is to add a permitted use in the
Official Plan to specifically permit the proposed use where such use is not permitted on
lands in the Estate Residential designation. Furthermore, a concurrent amendment to
Zoning By-law Z456-2003 is proposed to change the zoning from “Estate Residential (ER)”
to “site-specific Rural Industrial (M2-xx)” zone to permit light industrial and accessory
residential use and to permit reduced rear yard setback of 6.0 metres (19.7 ft) whereas 10.0
metres (32.8 ft) is the permitted minimum for the proposed building.
Site Context and Proposed Use
2. The subject lands are located on the west side of Plank Road, north of Maple Grove Line
and are known as CON 8 PT LOT 20 RP 11R7041; PART 2 and known municipally as
10729 Plank Road. The property has area of 1.06 ha (2.6 ac), lot frontage of 365.19 m
(1,198 ft) and varying lot depth. The subject lands are characterized as a residential lot with
a mechanical services business operating, without municipal planning approvals, out of the
existing detached building by the owners. The subject lands are designated Estate
Residential on Schedule A1: Land Use in the Municipality of Bayham Official Plan (Bayham
OP). The lands are zoned Estate Residential (ER) on Schedule A Map No. 6 in Zoning By-
law Z456-2003.
3. Surrounding uses are agricultural to the west and in the surrounding area; residential to the
north and south; and residential and industrial to the east. There is a former railway corridor
abutting to the west. The residential uses consist of several single-detached dwelling uses
along Plank Road and Maple Grove/Howey Line. The industrial use comprises an
automotive repair and sales business.
4. The proposal is to facilitate the expansion of the mechanical services business with a new
building with floor area of 560.35 m2 (6,031 ft2). The existing dwelling is serviced by private
water and sewer services. The new building is proposed to have work-related washroom
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
2
facilities and will share the water service with the dwelling. A new septic system would be
installed for the new building.
5. Plank Road is an Elgin County Road and is also known as County Road 19. It experiences
a significant volume of traffic, and a Traffic Impact Study has been submitted in support of
the proposal. There are two existing driveways for the subject lands, the proposed
mechanical services use/building has a dedicated driveway separate from the dwelling
driveway. Plank Road is straight and flat at the frontage.
6. The proposed mechanical contracting business is described in the Planning Justification
Report as:
currently operating with the owners and 5 employees and envisions a maximum of
11-13 employees in the future, including a small number of office employees.
The other employees mostly drive directly to the jobsites / offsite
deliveries to and from the property would be limited to around 10-12 per week for
supplies and almost all of the deliveries would be within a small box truck or van, and
only one (1) tractor-trailer would be expected to visit per week
maximum 1 to 2 customers visit the site per week.
The business would have strictly daytime hours of operation, generally, 8:00 am to
5:00 pm with no weekends.
The size of the proposed office would be 74.4 square meters (800 square feet) and
the size of the proposed warehouse would be 486 square meters (5231 square feet)
for a total proposed building size of 560.4 square meters (6032 square feet).
the existing shop on the subject property would be converted for personal storage
and the single detached dwelling would be retained.
Materials delivered would be primarily stored internal to the proposed building
pending use in off-site jobsites and would include a variety of parts and materials
comprising but not limited to: mechanical ducts, furnaces, boilers, gas lines, heat
pumps, and HVAC systems used in the business.
There would also be some light manufacturing of ducts and HVAC systems prior to
the installation off-site.
There would be ample area north of the proposed building for the additional septic
system which would ensure required setbacks from property lines and buildings as
per the Ontario Building Code (OBC).
The main entrance to the proposed building would be northerly of the laneway
ensuring any traffic generated would be away from the southerly adjacent single
detached dwellings.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
3
The business would service customers who are both farm and non-farm related within
the vicinity of the subject property.
Public Comments
7. A statutory Public Meeting was held on April 6th, 2023, and no written and verbal feedback
from the public was received. The application included two brief letters of support from
neighbours who reside in the vicinity.
Provincial Policy Statement
8. The Provincial Policy Statement, 2020 (hereafter “PPS”) Section 1.1.3 Settlement Areas
indicates that “the vitality and regeneration of settlement areas is critical to the long-term
economic prosperity of our communities… It is in the interest of all communities to use land
and resources wisely” and that “Settlement areas shall be the focus of growth and
development”. Furthermore, Section 1.1.4.2 indicates that “In rural areas, rural settlement
areas shall be the focus of growth and development and their vitality and regeneration shall
be promoted.
The PPS polices direct non-resource-based land uses to be located within settlement areas
to properly manage rural resource assets and promote the vitality and economic prosperity
of settlement areas. The lands proposed to contain a commercial/industrial mechanical
services business are located on rural lands rather than within a settlement area. In the
Bayham Official Plan, the lands are designated as Estate Residential rather than
Agriculture, therefore, the existing land use is a non-resource use and the proposal is for
another non-resource use outside a settlement area.
9. PPS Section 1.1.5 Rural Lands indicates that permitted uses on rural lands do not include commercial/industrial business use but include “other rural land uses”, and home industries and the existing business has characteristics of home industry use, however, the scale of the current and future operation is larger in nature than a home industry.
10. PPS Section 1.1.5, includes the following policies applicable to the subject lands in relation to permitted uses on rural lands, which should be considered with the understanding that commercial/industrial business uses are intended to be located in
settlement areas:
1.1.5.3 Recreational, tourism and other economic opportunities should be promoted.
The proposal does represent an economic opportunity for the area, however, there would be similar if not enhanced economic opportunity in the long-term if the business was established within a settlement area.
1.1.5.4 Development that is compatible with the rural landscape and can be sustained
by rural service levels should be promoted.
The immediate rural landscape includes an automotive sales and repairs business and a garden supply centre and is located along a main transportation corridor which suggests the proposed use could be compatible.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
4
1.1.5.5 Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this
infrastructure.
The proposed development would not require any infrastructure expansion.
Plank Road is of sufficient construction to accommodate work vehicles and volumes.
1.1.5.6 Opportunities should be retained to locate new or expanding land uses that
require separation from other uses.
The subject dwelling would provide separation from the proposed building
addition to the dwellings to the south, and across Plank Road is a dwelling accessory to the automotive use.
1.1.5.7 Opportunities to support a diversified rural economy should be promoted by
protecting agricultural and other resource-related uses and directing non-related
development to areas where it will minimize constraints on these uses.
The subject lands are an established non-resource use and are not suitable for agriculture or resource extraction, nor are mineral resources identified on the constraint mapping of the local official plan. The lands are separated from the agricultural use by a former railway corridor used currently for energy transmission.
1.1.5.8 New land uses, including the creation of lots, and new or expanding livestock
facilities, shall comply with the minimum distance separation formulae.
The applicants provided an MDS assessment and it concludes that none of the
buildings within 750 metres
The permitted use of home industry does not apply based on the scale and nature of the
proposed use. The proposed use represents an economic opportunity; can be considered
compatible to surrounding uses; are located on an established non-resource use
designation; and are not viable for agriculture or resource extraction.
11. PPS Section 2.3.6 Permitted Uses in Prime Agricultural Areas indicates that planning
authorities shall only permit non-agricultural activities in prime agricultural areas for limited
non-residential uses where:
1. The land does not comprise a specialty crop area;
2. the proposed use complies with the minimum distance separation formulae;
3. there is an identified need within the planning horizon provided for in policy 1.1.2
for additional land to accommodate the proposed use; and
4. alternative locations have been evaluated, and
i. there are no reasonable alternative locations which avoid prime
agricultural areas; and
ii. there are no reasonable alternative locations in prime agricultural areas
with lower priority agricultural lands.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
5
The lands are used for non-resource use in the form of residential use and are not suitable
for farming, therefore, do not comprise a specialty crop area. The applicants have confirmed
no livestock barn use within 750 m. There is not an identified need within the planning
horizon for commercial/industrial business use in the rural area and alternative locations
within settlement areas would be more appropriate for the proposed use.
12. PPS Conclusion – the proposed non-resource use is intended to be located in a settlement
area, however, the location and lot configuration, surrounding nature of
industrial/commercial uses, separation provided to nearby residential uses would suggest
that the proposed use is not consistent PPS but may be consistent to certain policies within
the PPS.
Elgin County Official Plan
13. Elgin OP Section C2.2 Location in an Agricultural Area indicates that:
“It is recognized that certain lands outside of settlement areas have been designated for
nonagricultural development by the lower tier Official Plans and these lands are deemed
to not be within the prime agricultural area and are instead subject to the relevant policies
of this Plan and the policies of the lower tier Official Plan.”
And Section C2.3 Permitted Uses does not permit commercial/industrial uses. Therefore,
although the proposed use is not contemplated in the Agricultural Area the Bayham OP
currently designates the lands for non-resource use and are subject to the policies of the
Bayham OP.
Municipality of Bayham Official Plan
14. The Official Plan amendment proposal recommends retaining the Estate Residential
designation and adding a site-specific policy section with specific permission for the
proposed mechanical services warehouse and office use. The Estate Residential
designation is a residential designation which only permits existing low density, single-
detached residential use (Bayham OP Section 3.1.4), therefore an OPA is necessary to
permit the proposed use.
15. Bayham OP Section 3.1 Non-Resource Uses includes Estate Residential and Industrial
policies for non-resource uses in specific areas outside of settlement areas. It is considered
more appropriate to change the designation from Estate Residential to Industrial. There are
currently 4 non-Bayham Industrial Park industrial use designations shown on Bayham OP
Schedule A1, therefore, there are other similar situations unlike the Estate Residential
designation where there are no permissions for non-residential use. If the OPA is approved,
a new policy section could be added to Section 3.1.9 Industrial Uses and the residential
use could be considered accessory to the business. The ZBLA proposes an industrial zone
for the subject lands. This approach would necessitate an amendment to Schedule A1 Land
Use to remove the Estate Residential symbol and add the Industrial use symbol or colour.
This was not presented at the Public Meeting held on April 6th, 2023, however, this is a
minor aspect to the overall approach to amend the Official Plan to permit the proposed use
and there were no members of the public that provided comment on the proposed use,
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
6
therefore, we deem it appropriate to proceed with this review and recommendation through
this approach.
16. Bayham OP Section 3.1.1 Objective of non-resource land use designations are applicable
to limited non-resource activities outside of settlement areas and proposals for new such
uses require OPA and ZBA approval.
17. Section 3.1.3.1 indicates that the Municipality shall regulate all development in the areas
designated for non-resource uses so that the environment is maintained, agricultural uses
are protected, and potential land use conflicts are not created. The justification from the
applicant provides supporting information that identifies that the mechanical services office
and warehouse use would not impact agricultural uses or create land use conflicts. Section
3.1.3.3 provides criteria for lands to be designated for non-resource use. The subject lands
are already designated for non-resource use in the Bayham OP, however, it is appropriate
to recognize that the proposed industrial/commercial use has not been identified as a need
within the planning horizon and should be located within a settlement area.
18. Bayham OP Section 3.1.9 Industrial uses, subsection 3.1.9.2 indicates that industrial uses
other than in the Bayham Industrial Park may be permitted on a limited basis subject to an
Official Plan Amendment and appropriate zoning. Section 3.1.9.3 provides the following
principles to be considered include:
a) The Zoning By-law shall provide a separate set of Zone Regulations for Rural Industrial
uses, such that they are distinguishable from smaller scale and farm-related industrial
uses;
The proposed zoning is Rural Industrial.
b) Industries which create adverse off-site environmental impacts such as air pollution,
odour, noise, or which generate excessive solid or liquid wastes either in volume or
toxicity will not be permitted;
The proposed use does not create significant off-site impacts, work vehicles and
loading/unloading may create some noise, however, Plank Road has sustained
volumes of traffic which already create noise in the immediate area of the subject
lands and the business operations are limited to a typical work week, Monday-
Friday during the daytime.
c) Industries should not require municipal sanitary sewer service. Only ‘dry’ industrial
uses shall be permitted. A ‘dry’ industrial use shall be defined as a use that does not
require water for cooling, washing, and processing and whose subsurface sanitary
sewage treatment and disposal system(s) are used solely for the domestic waste
generated by employees;
The proposed use is a “dry” use and only the proposed washroom use would
create domestic waste.
f) Adequate off-street parking shall be provided;
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
7
The proposed yard could accommodate the required parking.
g) Access points to such parking areas shall be limited in number and designed in a
manner that will minimize the danger to vehicular and pedestrian traffic; and
The proposed driveway devoted to the business use is existing and the Traffic
Report did not identify any safety concerns.
h) Adequate buffering in the form of landscaping, fencing, or separation distances shall
be provided between the industrial area and adjacent uses to prevent adverse impacts.
The proposed business building is to the north of the subject lands and the
dwelling provides screening to use to the south and southeast. There are two
dwellings across Plank Road, one of which is accessory to an existing non-
resource industrial use in the form of an automotive repair and sales business.
The dwelling to the northeast across Plank Road is approximately 100 m distant
from the proposed building and there is no screening to potential visual impacts
of the proposed use, therefore, and as offered by the applicants, additional
landscape plantings / trees should be added where appropriate as part of the Site
Plan Approval process to follow OPA and ZBA approvals.
The proposed use would be consistent to the above principles.
19. In conclusion to the Bayham OP policies, although the proposed type of use is generally
intended to be in a settlement area, the conversion of the designation from residential to
industrial non-resource may be more appropriate than typically provided for outside of
settlement area subject to OPA and ZBA. The proposed use does not have an impact on
agricultural use, is compatible with existing industrial and commercial use in the immediate
area, is separated or can be screened from surrounding residential use, therefore, there is
demonstrated conformity to some policies in the Bayham OP.
Zoning By-law
20. The subject lands are zoned Estate Residential (ER) on Schedule A Map No. 6 in
Municipality of Bayham Zoning By-law Z456-2003. The permitted land uses in the ER zone
do not include commercial/industrial uses and therefore a zoning amendment is necessary.
The proposed amendment from ER to site-specific Rural Industrial (M2-xx) would permit
the proposed mechanical services office and warehouse use as a Light Industrial Use, a
listed permitted use in the M2 zone. Furthermore, the applicants propose reduced rear yard
setback for the proposed building where the irregular lot configuration limits placement of
the building and the vacant energy transmission corridor to the rear would not be impacted
by retaining a 6.0 metre rear yard rather than the required 10.0 m rear yard setback in the
M2 zone. The proposed development would be in conformity to the other zoning regulations
of the M2 zone and the dwelling is permitted as an accessory use to the business use,
being occupied by the owners of the business.
Site Plan Approval
IBI GROUP MEMORANDUM
Municipality of Bayham – April 13, 2023
8
21. This application is subject to site plan approval to ensure the buildings, access, landscape
buffer are properly sited, have sufficient landscaping, services and proper vehicle turning
movements to and from the site.
Recommendation:
1. We do not recommend the proposed Official Plan Amendment and associated Zoning
By-law Amendment to add: site-specific text subsection to the Official Plan to permit
specific to the subject lands a non-resource use in the prime agricultural area for a land
use that is intended to be located in a settlement area, however, the location of the lands
in a pocket of rural residential and employment uses along a main transportation corridor
and on lands already designated for non-resource use may be appropriate, therefore, if
Council decides to approve the proposed use a Draft OPA has been prepared and is
enclosed herein with this report for consideration.
Paul Riley
IBI GROUP
Paul Riley, BA, CPT
Consulting Planner to the
Municipality of Bayham
AMENDMENT NUMBER 31
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Blayne and Kelsey Thompson
10729 Plank Road
The following text constitutes Amendment Number 31 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. 2023-029, in accordance with Section 17 of the PLANNING ACT, on the 20th day of April 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-029
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. 31 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. 31 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 20th day of April 2023.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 31
1. PURPOSE
The purpose of the Official Plan Amendment is to change the designation of the subject
lands from Estate Residential to Industrial and to add a mechanical contractor’s
warehouse and office use for a mechanical services business use as a permitted use
specific to the subject lands by changing the symbol on Schedule A1: Municipality of
Bayham: Land Use from Estate Residential to Industrial and adding a new subsection to
Section 3.1.9.
The Official Plan Amendment would facilitate a Zoning By-law Amendment to change the
zoning from “Estate Residential (ER)” to “site-specific Rural Industrial (M2-xx)” zone to
permit light industrial and accessory residential use and to permit a reduced rear yard
setback of 6.0 metres (19.7 ft) whereas 10.0 metres (32.8 ft) is the permitted minimum for
the proposed building, in Zoning By-law No. Z456-2003.
2. LOCATION
The Official Plan Amendment will be applicable to lands known as CON 8 PT LOT 20 RP
11R7041; PART 2 and known municipally as 10729 Plank Road (County Road 19).
3. BASIS OF THE AMENDMENT
The subject lands are characterized as a commercial/industrial and residential parcel of
land comprising a dwelling, accessory building and mechanical services business office
and warehouse (to be developed) with floor area of 560 square metres. The dwelling is
serviced by private water and sewer services and the proposed warehouse and office
building would share the existing well and have a separate septic system installed for
employee washrooms. The subject lands are located on the west side of Plank Road,
north of Maple Grove Line. The property has lot frontage of 365.19 m (1,198 ft) and varying
lot depth, with two existing driveway accesses to Plank Road, one devoted to residential
and one devoted to the business.
Surrounding uses are agricultural to the west and in the surrounding area; residential to
the north and south; and residential and industrial to the east. There is a former railway
corridor abutting to the west. The residential uses consist of several single-detached
dwelling uses along Plank Road and Maple Grove/Howey Line. The industrial use
comprises an automotive repair and sales business.
The Provincial Policy Statement, 2020 permits other rural land uses which provide
economic opportunity on rural lands where the use is compatible with surrounding uses.
The Elgin County Official Plan recognizes that certain lands outside of settlement areas
have been designated for nonagricultural development by the lower tier Official Plans and
these lands are deemed to not be within the prime agricultural area and are instead subject
to the relevant policies of this Plan and the policies of the lower tier Official Plan, due to
the existing non-resource designation of the lands. The proposed amendment is
consistent to the PPS and in conformity to the Elgin County Official Plan.
The Bayham Official Plan permits limited non-resource use in the rural area subject to
Official Plan Amendment and Zoning By-law Amendment and other applicable policies of
the Official Plan. The proposed amendment is in conformity to the Official Plan.
The proposed Zoning By-law Amendment would bring the subject lands into conformity to
the Zoning By-law.
4. DETAILS OF THE AMENDMENT
a) Section 3.1.9 of the Official Plan of the Municipality of Bayham is hereby amended to add
the following subsection:
3.1.9.4 In accordance to Section 3.1.9.2 the establishment of industrial land uses
in the rural area outside of the Bayham Industrial Park are permitted subject
to Official Plan and Zoning By-law Amendment, the subject lands located
at CON 8 PT LOT 20 RP 11R7041; PART 2 and municipally known as
10729 Plank Road (County Road 19) are permitted to use the lands for
mechanical services business office and warehouse with floor area of 560
square metres and associated yard and parking.
The subject lands subject to this Amendment as designated “Industrial”
may be used, developed, and zoned to permit the office and warehouse
use in accordance to Section 3.1.9.2 of the Official Plan, as amended.
b) Schedule “A1”: Land Use of the Official Plan of the Municipality of Bayham is hereby
amended by replacing the Estate Residential use symbol with the Industrial use colour as
shown and marked as added on the attached Schedule “A1”, which shall constitute part
of this amendment.
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: April 20, 2023
REPORT: DS-25/23 FILE NO. C-07/ D07 and D13
Roll # 3401-000-006-16800
SUBJECT: Official Plan Amendment OPA-03/23, Draft OPA No. 32
Zoning Amendment ZBA-03/23
Arie and Christina Schep, 14077 Bayham Drive
BACKGROUND
Official Plan Amendment and Zoning By-law Amendment applications were submitted by Agent Adam Moote, LandPro Planning Solutions Inc., on behalf of Arie and Christina Schep proposing a site-specific official plan amendment and zoning amendment on lands located on the south side of Bayham Drive
south of Talbot Line (Provincial Highway 3) and known municipally as 14077 Bayham Drive. The subject lands are designated “Agriculture” and “Natural Heritage” on Schedule ‘A1’: Land Use and designated as Hazard Lands and Significant Woodlands on Schedule ‘A2’: Constraints in the
Municipality of Bayham Official Plan and zoned site-specific Agriculture (A1-29) on Schedule A Map No. 3 in Zoning By-law No. Z456-2003. The purpose of these amendments is to change the land use designation on a 15.8 ha (39 acre) parcel of land from “Agriculture” to “Site Specific Agriculture” designation in the Official Plan of the Municipality of Bayham to permit home occupation workshop as an On-farm Diversified Use for an electrical business and concurrent amendment to Zoning By-law No. Z456-2003 for site-specific permission for a Service Shop use within the defined area of 2,700 square metres comprising the barn and parking area for the electrical business. The effect of these amendments will be to permit the electrical workshop business as a commercial/industrial land use to operate from the existing building on the subject lands where non-resource uses are permitted on a limited basis in the Agricultural designation subject to an Official Plan Amendment and Zoning By-law Amendment in accordance to specific criteria.
PUBLIC PARTICIPATION
The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was
DS-25/23 Schep 2
held on April 6, 2023 in the Municipal Office Main Hall, 56169 Heritage Line in Straffordville. Council received the Applicant’s presentation by the Appointed Agent David Roe with no oral or written public
submissions. DISCUSSION The applications, accompanying justification report and relevant reports were considered by municipal staff. The attached municipal planner’s memorandum, dated April 11, 2023, provides the details and rational for the recommendation. The municipal planner does not recommend approval of the proposed Official Plan amendment and associated Zoning By-law amendment stating in the memo “to add: site-specific text subsection to the
Official Plan to permit specific to the subject lands a non-resource use in the prime agricultural area for a land use that is intended to be located in a settlement area and does not appear to be secondary in
nature based on scale and does not appear to be on-farm diversified use in nature.” The draft OPA has been prepared and is attached to this Report for consideration, should Council opt to approve the
proposed Official Plan Amendment. Therefore, staff provide the planner’s recommendation to refuse OPA No. 32.
APPENDICES A. Official Plan Amendment Application OPA-03/23
B. Planning Justification Report prepared by LandPro Planning Solutions – February 2023 C. Application for Amendment to the Zoning By-law ZBA-03/23 D. Agency Comments – LPRCA, dated March 28, 2023 E. IBI Memorandum, dated April 14, 2023 F. Draft Official Plan Amendment No. 32 RECOMMENDATION
THAT Staff Report DS-25/23 regarding the Official Plan Amendment Application OPA-03/23 and Zoning By-law Amendment Application ZBA-03/23 submitted by Arie and Christina Schep 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 6, 2023 associated with these applications, there were no public submissions and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to not be consistent with the Provincial Policy Statement 2020, the Elgin County Official Plan and the Municipality of Bayham Official Plan; AND THAT By-law 2023-030 being an adopting By-law for Official Plan Amendment No. 32 for
the purpose to change the land use designation on 2,700 sq. m. (0.66 acres) by adding a new policy in Section 2.1.5.2 specific to the subject lands to permit an electrical services business as an on-farm diversified use in the Official Plan of the Municipality of Bayham be refused for the
following reasons: 1) A proposed site-specific text subsection to be added to the Official Plan to permit a non-
resource use in the prime agricultural area specific to the subject lands for a land use that is
DS-25/23 Schep 3
intended to be located in a settlement area that does not appear to be secondary in nature based on scale and does not appear to be on-farm diversified use in nature.
2) The proposed use appears to be larger in scale and nature than a home industry and/or secondary use 3) The building appears to be larger than appropriate to be considered a secondary or accessory use 4) A diversified rural economy should be promoted by protecting agricultural uses and directing non-related development to areas where it will minimize constraints on other uses. 5) The proposed commercial/industrial use is not in conformity to the Bayham Official Plan policies for non-resource uses. AND THAT the requested Zoning By-law Amendment does not conform to the existing Official Plan and is not consistent to the PPS 2020 and does not promote good land use planning. Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk CAO|Clerk
Planning Justification
OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT
Rural Commercial Use
14077 Bayham Road, Elgin County
February 2023
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
2 | Page
LandPro Planning Solutions Inc.
110 James St. 28 Colborne St. N.
St. Catharines, ON, L2R 7E8 Simcoe, ON, N3Y 3T9
DISCLAIMER
This report was prepared by the team at LandPro Planning Solutions Inc. It is based on the information
provided to us by the applicant, as well as our own research. The planning policy research and opinions
are based on our own research and independent analysis of the applicable policy.
Adam Moote, MPlan Research, Reporting
Michael Sullivan, RPP Project Manager, Quality Control
This report was written by professionals and supervised by Registered Professional Planners, who are full
members of the Ontario Professional Planners Institute as defined by the Ontario Professional Planners
Act. 1994. The contents of this report represent the author’s independent professional opinions and
comply with the OPPI Code of Professional Practice and the opinions presented herein will be defended
as required.
LandPro Planning Solutions Inc.
____________________________ ______________________________
Michael Sullivan, M.Pl., RPP, MCIP Adam Moote, MPlan, RPP
President |Founder Senior Planner | Project Manager
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
3 | Page
Contents
1 Introduction 4
1.1 Purpose 4
1.2 Pre-Consultation, Submission, and Site Update 4
1.3 Responses to Incomplete Notices 5
2 Site Context 8
2.1 Legal Description and Land Use Context 9
2.2 Property Physical Attributes 10
3 Proposed Development 11
4 Land Use Planning Framework 13
4.1 The Planning Act 14
4.2 Provincial Policy Statement (PPS) 16
4.3 Elgin County Official Plan 17
4.4 Municipality of Bayham Official Plan (OP) 20
4.5 Bayham Zoning By-Laws (BZBL) 22
5 Planning Analysis 23
6 Conclusion 24
Appendix 1: Official Plan Schedule A1 – Land Use 25
Appendix 2: Official Plan Schedule A2 - Constraints 26
Appendix 3: Zoning Bylaw Schedule A Map 3 27
Appendix 4. LPRCA Regulation Limits 28
Appendix 5. Survey of Property (2018) 29
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
4 | Page
1 INTRODUCTION
LandPro Planning Solutions (LandPRO) is the agent for Arie & Christina Schep (Property Owners and
Applicants) to provide professional planning services for the property located at 14077 Bayham Drive,
Municipality of Bayham in Elgin County.
1.1 PURPOSE
This report has been prepared to support the Applicants’ development application, and to bring it into
conformity through an Official Plan Amendment and Zoning By-Law Amendment. The Applicants
contacted LandPro in December 2021 in response to several By-law Orders to Comply received from the
Municipality of Bayham regarding property infraction issues. These Orders related to the construction of
an agricultural building that was not used for the same.
This report will also serve to address the municipality’s concerns with the previously submitted
applications.
The Applicants are seeking planning permissions to continue to use the barn for an electrical contracting
business through a combined Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA). The
Applicants purchased this property with the intention to locate both their residence and electrical
contracting business on it.
1.2 PRE-CONSULTATION, SUBMISSION, AND SITE UPDATE
A pre-consultation meeting was conducted with the Municipality of Bayham on December 20, 2021. This
meeting consisted of developing a path forward for the Applicants to permit the uses that are operating
at the location. This meeting was also to provide discussion on the proposed development and determine
the studies, plans, and other supporting materials required.
In a subsequent email from the Municipality, it is understood that the requirements for this matter to
move forward include:
1. An Official Plan Amendment;
2. A Zoning By-law Amendment; and a
3. Site Plan Approval (to be submitted after successful OPA and ZBA).
In line with the Municipality’s stated requirements, an Official Plan and Zoning By-law Amendment
submission was made to the Municipality on June 22, 2022. This submission was deemed incomplete on
July 12, 2022. In response, LandPro responded with letter to the Municipality on October 19, 2022 noting
that the applications made were consistent with the Municipality’s stated requirements. This resulted in
second Notice of Incomplete Application, along with a By-law Enforcement compliance deadline should a
Complete Application not be made by February 7, 2023. The responses to items found in the Incomplete
Notices is found below in Section 2, entitled Responses to Incom.
In response to the above, a meeting was held on February 2, 2023 with Bayham staff and their consultant
planners to discuss that the property uses had changed since the application submission on June 22, 2022.
Specifically, a new residential dwelling was built, and occupancy was permitted on January 10, 2023. This
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
5 | Page
fundamentally changes the original submission. This report now justifies the planning permission that
reflect the property uses as they currently exist.
1.3 RESPONSES TO INCOMPLETE NOTICES
Below are direct responses to concerns outlined in the Notices of Incomplete.
Incomplete Notice – July 12, 2022
Issue Municipal Comment LandPro Response
Agricultural-
related use
The electrician business is not
considered an agricultural-
related use, secondary use or
agricultural service
establishment as presented.
The property is a farmed property. The owner of the
property has a tenant farmer and is assessed by
Agricorp as such. The electrician business will be
secondary to the residential and agricultural uses.
The Planning report has been updated and reflective
of this.
Non-
resource
Commercial
Use
This appears to be a non-
resource commercial use
operating out of a purpose -
built commercial office and
storage building. It was built
without planning or building
permit permission to
accommodate a commercial
and residential use which is
not permitted, removed a
small amount of prime
agricultural land, and a
proposal for such land use
permission would need to be
considered generally based on
Bayham OP Section 3.1 Non-
Resource Uses (this was
specified in the pre-
consultation meeting/record)
We understand that the building was constructed
without municipal planning and building
permissions. This is how we became involved in this
project, through the Municipality seeking a solution
to this through planning applications.
Through our research our opinion has been
formulated on the basis that the business is
secondary to the farmed land and the residential use
of the property. We content the use is; a secondary
use; On-Farm Diversified, and supports farmers.
PPS &
Agricultural
Use policies
The Sections of the PPS and
Elgin County Op reviewed
within the submitted Planning
Justification Report speaks to
agricultural use policies which
are not specifically relevant,
rather such policies would
appear to discourage such as
The PPS sections that were included are specifically
relevant and were assessed purposely as it is our
opinion the use can be permitted as secondary, or
on-farm diversified.
Agriculture remains the primary use of the and on-
farm diversified uses are permitted.
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
6 | Page
Issue Municipal Comment LandPro Response
commercial business in the
agricultural area (for instance
PPS 2.3.3.1 and Elgin OP
Section C2 (PJR suggests
incorrectly Section 3.2)
As for the Elgin County Official Plan, we regret and
accept that there was an error in our original
references. Where we referenced Section C2 3.2 we
meant Section C2 2.3.
Further, the Planning report has been updated
significantly to reflect the properties current uses.
Commercial
Use as
Secondary
It is also suggested that the
commercial use would be a
secondary use and might be
considered under on farm
diversified use to an
agricultural use. Based on
the scale of the commercial
use operation regardless of
the on-site nature of the
work five employees in the
owner employees visiting
the subject lands frequently
with intent to grow and
within a building area of
approximately 550 square
meters for a commercial
business. It does not appear
to be secondary any nature
but rather an additional
primary use not permitted in
a rural/prime agricultural
area or as a secondary
agricultural related use to
the permitted agricultural
use designation.
The Guidelines on Permitted Uses in Ontario’s
Prime Agricultural Areas, Section 2.3 On-Farm
Diversified Uses (OFDU) outlines the criteria to
support determination of an OFDU. The preamble
to the criteria is referenced below.
A wide variety of uses may qualify as on-farm
diversified uses based on the PPS definition, as
long as they meet the criteria described below. On-
farm diversified uses should be related to
agriculture, supportive of agriculture or able to co-
exist with agriculture without conflict. On-farm
diversified uses are intended to enable farm
operators to diversify and supplement their farm
income, as well as to accommodate value-added
and agri-tourism uses in prime agricultural areas.
Referenced through this report is the justification,
but to review. This is OFDU, it supports farmers
businesses (upwards of 700k in sales in 2 years),
and it can co-exist with agricultural as it is entirely
enclosed. There is no opportunity to grow since
the amendment only pertain to the specific area
of the OFDU.
Additionally, the Guidelines on Permitted Uses
recommend that On-Farm Diversified use be limited
to a 2% maximum of a farm parcel. 2% of the size of
this 15.8 ha parcel would be 3,160 m2. This proposal
falls within the suggested guideline with a total area
of 2,699.87 m².
Incomplete Notice – December 7, 2022
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Issue Municipal Comment LandPro Response
Insufficient
information
Insufficient information on
the proposed OPA and ZBA
Typically, a Planning report for a project like this
would be 15-20 pages. The previously submitted
report was 16 pages and had 5 appendices supporting
the written content. To further support the
application there was also a Conceptual Plan for the
Zoning change along with a Site Plan from the builder.
This current report is now 22 pages in length. If this is
still insufficient than we specifically need to know
what is required, rather than a blank statement saying
it is not enough.
Traffic The traffic generation does
create potential land use
conflict. It is a narrow
gravel road intented to
serve limited agricultural
and resources uses as well
as residential uses
associated with agricultural
uses, rather than work
vehicles for commercial
use.
No Traffic Impact Study was requested as part of the
application. As such, the municipal comment is based
on opinion rather than any factual information as
serves no bearing on completeness of an application.
Site Plan Insufficient Site Plan –
circulation/parking, onsite
drainage, water supply,
septic, etc.
We have provided a conceptual zoning site plan, along
with a site plan for the buildings. The rest of this
information would be included as part of Site Plan
Approval, which is not the focus of this report of these
applications. The Site Plan Approval application would
be the appropriate area to include these items.
Impacts to
environmental
features
Is there an impact to the
regulated area/ANSI,
Hazard Lands, Significant
Woodlands
No Environmental Impact Study was requested as part
of this application. As such, no studies were
completed to consider impacts to these features.
Agricultural
Impacts
Impact to agricultural lands
– stated there is no impact
but there was an impact to
agricultural lands based on
developing the building
without land use
No Agricultural Impact Assessment was requested as
part of this application. As such, no studies were
completed to consider the impacts.
It does fall within the Guidelines on Permitted Uses
for On-Farm Diversified Use. Being that it is limited to
less than 2% (max size for OFDUs) of a farm parcel. 2%
of the size of this 15.8 ha parcel would be 3,160 m2.
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permission or building
permits.
This proposal falls within the suggested guideline with
a total area of 2,699.87 m².
2 SITE CONTEXT
The subject property is known as 14077 Bayham Drive, in the Municipality of Bayham, Elgin County;
approximately 330 metres southwest of the Town of Tillsonburg, in neighbouring Oxford County. Please
see Figure 1, below for the property’s location.
Figure 1: Aerial Photo of the Subject Property
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2.1 LEGAL DESCRIPTION AND LAND USE CONTEXT
Based on the survey map, the Applicants own property legally described as BAYHAM CON 10 PT LOT 21
RP; 11R10370 PART 2 (Roll # 3401 000 006 168 00), with frontage on the south and west sides of Bayham
Drive. The property can be summarized with the property facts available in Table 1.
Table 1 – Property Facts
Legal Description BAYHAM CON 10 PT LOT 21 RP;11R10370 PART 2
Property Use Current Residential, agricultural, On-farm diversified
Historical Vacant
Lot Size 15.8 ha (39.04 acres) per OLS drawing
Lot Frontage 432.44 m (Bayham Drive)
Official Plan Agricultural (prime agricultural land)
Zoning A1-29 (5.12.29) as shown on Schedule “A”, Map No. 3 to the By-law.
Permits a Minimum Lot Area of 15.8 hectares.
Constraints &
Regulations
LPCRA Regulated Area
Hazard Lands, Regulated Lands
Surrounding Lands North Agricultural
East Agricultural
South Agricultural | Residential
West Agricultural | Residential
This property received the site-specific A1-29 Zone in June 2018 by the previous owner, and this lot was
purchased by the Applicant in 2018 as a new lot.
Please see Figure 2, below, for an image of the structure that was constructed to house the Applicants’
electrical business.
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Figure 2: Existing Agricultural Building
2.2 PROPERTY PHYSICAL ATTRIBUTES
The lot is irregular in shape. As demonstrated in Figure 2, the land is generally flat topographically.
Aerial photography suggests the environmental conditions of the site include irregular contours; the
topography of the site is highest in the centre, then slopes towards the rear, side, and front yards. The
east, south, and west portions of the property are forested. Portions of the lot are also adjacent to
woodlands and a watercourse, which is regulated by the LPRCA. This was confirmed by site visit in mid-
January 2023.
Figure 3, presented below, details the physical attributes of the property. Schedule A1 of the Bayham
Official Plan designates the subject lands as Agricultural. The subject property is situated in an area that
has similar agricultural and residential uses.
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Figure 3: Site Context Aerial Photo & Dimensions
3 PROPOSED DEVELOPMENT
The Applicants are seeking site-specific amendments to the Official Plan and Zoning By-law to permit a
home occupation workshop as an On-Farm Diversified Use, to be located within the barn. Using the
Municipality’s definitions in the Zoning By-law, the classification of the business could be a mix of
Commercial and Industrial Use, General. Definitions are below.
COMMERCIAL USE, shall mean the use of land or buildings for the purposes of buying and/or
selling, and/or leasing commodities and supplying services.
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INDUSTRIAL USE, GENERAL, shall mean the use of land, buildings or structures for the purpose
of manufacturing, assembling, preparing, inspecting, ornamenting, finishing, treating, altering,
repairing, warehousing, storing, or adapting for sale of any goods, substance, article or thing,
including the storage of building and construction equipment and materials, but not including
any obnoxious industry, mine, pit, quarry or oil well.
The proposed use includes a commercial characteristic, in that the electric business supplies a service, and
industrial characteristics in that it provides a building for the purpose of preparing, repairing, storing, any
good, substance, article, or thing (being electrical supplies to provide the electrical service). For the
purposes of this report, we will simply refer to it as “the workshop.”
Access to the proposed development is from Bayham Drive via a private driveway. The area proposed to
be rezoned is shown in Figure 4. A larger sketch is attached to this document.
The proposed zoning envelope covers the footprint of the existing building, required parking, and driving
aisles. The lands subject to the re-zoning will be 2,699.87 m2, which will specifically restrict any potential
for further impact from the home occupation proposed in this application.
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Figure 4: Proposed Development & Amendments
4 LAND USE PLANNING FRAMEWORK
In preparing this application, several policy and regulatory documents were reviewed that need to be
addressed to demonstrate good planning. They include the following:
1. The Planning Act;
2. The Provincial Policy Statement, (PPS 2020);
3. Elgin County Official Plan (2015);
4. Municipality of Bayham Official Plan (2019); and the
5. Municipality of Bayham Zoning By-law No. Z456-2003 (2021).
The proposed development was assessed against these regulations and associated policies. A detailed
analysis for compliance is below.
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4.1 THE PLANNING ACT
The Planning Act (the Act) is provincial legislation that sets out the ground rules for land use planning in
Ontario. It describes how land uses may be controlled, and who may control them.
The purposes of the Act are:
(a) to promote sustainable economic development in a healthy natural environment within the
policy and by the means provided under this Act;
(b) to provide for a land use planning system led by provincial policy;
(c) to integrate matters of provincial interest in provincial and municipal planning decisions;
(d) to provide for planning processes that are fair by making them open, accessible, timely and
efficient;
(e) to encourage co-operation and co-ordination among various interests;
(f) to recognize the decision-making authority and accountability of municipal councils in planning
These applications align with the purposes of the Act.
Further, Section 2 of the Act sets out matters of Provincial Interest, which act as a checklist of sorts in
helping to determine an application can be deemed good planning.
The Act states that: the Minister, the council of a municipality, a local board, a planning board and the
Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters,
matters of provincial interest such as,
(a) the protection of ecological systems, including natural areas, features and functions;
(b) the protection of the agricultural resources of the Province;
(c) the conservation and management of natural resources and the mineral resource base;
(d) the conservation of features of significant architectural, cultural, historical, archaeological or
scientific interest;
(e) the supply, efficient use and conservation of energy and water;
(f) the adequate provision and efficient use of communication, transportation, sewage and water
services and waste management systems;
(g) the minimization of waste;
(h) the orderly development of safe and healthy communities
(h.1) the accessibility for persons with disabilities to all facilities, services and matters to which
this Act applies;
(i) the adequate provision and distribution of educational, health, social, cultural and recreational
facilities;
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(j) the adequate provision of a full range of housing, including affordable housing;
(k) the adequate provision of employment opportunities;
(l) the protection of the financial and economic well-being of the Province and its municipalities;
(m) the co-ordination of planning activities of public bodies;
(n) the resolution of planning conflicts involving public and private interests;
(o) the protection of public health and safety;
(p) the appropriate location of growth and development;
(q) the promotion of development that is designed to be sustainable, to support public transit
and to be oriented to pedestrians;
(r) the promotion of built form that,
(i) is well-designed,
(ii) encourages a sense of place, and
(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;
(s) the mitigation of greenhouse gas emissions and adaptation to a changing climate. 1994, c. 23,
s. 5; 1996, c. 4, s. 2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3; 2011, c. 6, Sched. 2, s. 1; 2015, c. 26, s.
12; 2017, c. 10, Sched. 4, s. 11 (1); 2017, c. 23, Sched. 5, s. 80.
These applications align with several of the criteria above, including:
(a) the protection of ecological systems, including natural areas, features and functions.
• The barn is located to minimize any negative impacts to natural areas;
(b) the protection of the agricultural resources of the Province.
• Only the land footprint required for the business is being utilized, the rest of the land is saved for
agricultural purposes;
(k) the adequate provision of employment opportunities.
• Provides a feasible business/employment opportunity
Further, Section 34 of the Planning Act permits Councils to pass zoning by-laws.; and Section 34,
Subsection 10.0.01 permits applicants to consult with Municipality before submitting applications, and
further, Subsection 10.1 and 10.2 provide the Municipality an opportunity to request prescribed and other
information to support the applications.
These applications have followed the applicable rules under the Planning Act for submission.
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4.2 PROVINCIAL POLICY STATEMENT (PPS)
The Provincial Policy Statement (PPS) came into effect on May 1, 2020 and provides policy direction on
matters of provincial interest related to land use planning and development. It ensures that resources of
provincial interest, public health and safety, and the quality of the natural environment are to be
protected. All decisions affecting planning matters in Ontario “shall be consistent with” the policy
statements issued under the Planning Act.
The Ontario PPS provides context for Agricultural uses, permitting agricultural uses, agriculture-related
uses and on-farm diversified uses in prime agricultural areas (Section 2.3.3.1). These proposed uses shall
be compatible with, and shall not hinder, surrounding agricultural operations.
The PPS also defines that On-Farm Diversified Uses are uses that are secondary to the principal agricultural
use of the property and are limited in area. These uses include, but are not limited to, home occupations,
home industries, agritourism uses, and uses that produce value-added agricultural products (Section 6).
For this property with the proposed development, agricultural is still the principal use of the property with
15.53 ha of the property being used for agricultural purposes being rented to a tenant farmer who works
the land. A permitted use in the agricultural area is a residential dwelling. The workshop is permitted
under 2.3.3.1 of the PPS which permits On-Farm Diversified Uses the criteria being established by the
Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas (Guidelines), and the municipal
planning documents. The Guidelines criteria is demonstrated in Table 2.
Table 2 – On-Farm Diversified Uses Criteria - Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas, Publication 851
OFDU Criteria Yes/No Comment
1. Located on a farm Yes Yes, the ODFU is located on a farmed property
2. Secondary to the principal
agricultural use of the property
Yes Yes, the land is actively farmed by a tenant
farmer
3. Limited in area. Yes Yes, the agricultural area of the property is
15.53 ha, the OFDU area occupies 2,699.87 m2
4. Includes, but is not limited to,
home occupations, home
industries, agri-tourism uses and
uses that produce value-added
agricultural products.
Yes Yes, the Guidelines example workshops under
both categories: Home occupations and Home
industries
5. Shall be compatible with, and shall
not hinder, surrounding
agricultural operations.
Yes The workshop is compatible as an OFDU. It will
not hinder other surrounding agricultural
operations as it is fully enclosed within the
barn.
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The principal use of the property remains agricultural, which permits a residential dwelling. On-Farm
Diversified Uses are also permitted so long as they can achieve the criteria outlined within the
Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas and municipal planning documents,
this application can meet the merits of both of those.
This application is consistent with the Provincial Policy Statement.
4.3 ELGIN COUNTY OFFICIAL PLAN
The Elgin County Official Plan (ECOP) was adopted in 2015 as an upper tier policy document that sets the
tone for more detailed planning by local municipalities.
The subject property is located within the Municipality of Bayham. The ECOP Schedule shows proximity
to Tier 2 and 3 settlements: Eden, Corinth, North Hall. The subject property is also located within the
Agricultural Area of the County Structure, as seen in Schedule A of the County OP. The Agricultural
designation is prime agricultural land (Section A6.1.2).
The ECOP works to protect the County’s prime agricultural area from fragmentation, development and
land uses unrelated to agriculture while promoting normal farm practices (C2.1). Permitted Uses in the
Agricultural Area (C2.3) are found in the table below.
Table 3 – C2.3 Permitted Uses, Agricultural Area - Elgin County Official Plan
Policy Permitted Uses Yes/No Comment
C2.3.a Agricultural uses Yes The land is farmed by a tenant farmer
C2.3.b A single detached
dwelling in conjunction
with an agricultural use
Yes A single detached dwelling exists, in conjunction
with the agricultural use
C2.3.e Agriculture-related uses
subject to C2.6
Yes The OFDU electrical business is a small-scale farm-
related commercial/industrial business. A business
line of the electrical work supports the agricultural
community farm operations and their residential
components
C2.3.f Secondary uses subject to
C2.7
Yes The principal use of the property is agriculture. The
OFDU electrical business is secondary to the
primary use of the property. Details of this are
found below.
The proposal meets the Permitted Uses in the Agricultural Area. Further to the tables above below are
Characteristics of Secondary Uses, outlined in C2.7.1. And further, Home Industries as per C2.7.2.
Table 4 – C2.7 Characteristics of a Secondary Use, Agricultural Area - Elgin County Official Plan
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Policy
Number
Characteristic Yes/No Comment
C2.7.1 the amount of land
devoted to the
secondary use in
comparison to the
amount of land devoted
to the principal use
Yes The Guidelines on Permitted Uses recommend that
On-Farm Diversified use be limited to a 2%
maximum of a farm parcel. 2% of the size of this 15.8
ha parcel would be 3,160 m2. This proposal falls
within the suggested guideline with a total area of
2,699.87 m²
C2.7.1 the size of the building
housing the secondary
use in relation to the
sizes of building(s)
accommodating the
principal use
N/A Not applicable
The Guidelines on Permitted Uses recommend that
On-Farm Diversified use be limited to a 2%
maximum of a farm parcel. 2% of the size of this 15.8
ha parcel would be 3,160 m2. This proposal falls
within the suggested guideline with a total area of
2,699.87 m²
C2.7.1 the nature of the
secondary use itself and
whether the use is
operated by the owner
of the property
N/A Service shop for building trades. Yes, it is operated
by the owner of the property.
C2.7.1 the number of people
employed by the
secondary use in
relation to the number
of people employed by
the principal use
- Approximately 5 people secondary use
C2.7.1 the amount of traffic
generated by the
secondary use in
relation to the principle
use on the property
- Negligible. Majority of work is completed off-site at
client properties. The contracting business is not
open to the general public.
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Table 5 – C2.7.2 Home Industries, Agricultural Area - Elgin County Official Plan
Policy
Number
Characteristic Yes/No Comment
C2.7.2.a the building housing the home
industry is generally located within
the existing farm-building cluster, if
located on a farm property
Yes It is within metres of the residential
dwelling
C2.7.2.b the home industry and the principle
use generally rely upon the same
water and sewer infrastructure and
the driveway from the public road
Yes Yes, private servicing is required, and the
driveway is shared with the residential
dwelling
C2.7.2.c the home industry has a floor area
that is consistent with the scale of
uses on the property
Yes Yes, the home industry is housed in the
barn which is an appropriate size for the
business
C2.7.2.d the noise, dust and odour that could
potentially emanate from the use
will not have an adverse impact on
adjacent properties
Yes The home industry workshop is enclosed
within the barn.
C2.7.2.e the type and level of traffic
generated by the use is compatible
with the character of the area and
the function of adjacent roads
Yes Traffic is minimal. While the shop is
located on the property actual work is
conducted offsite at work locations
C2.7.2.f the operator of the home industry
permanently resides on the property
Yes Yes
C2.7.2.g all machinery and equipment, with
the exception of motor vehicles,
required for the home industry is
generally located within enclosed
buildings
Yes Yes
C2.7.2.h any permitted open storage
associated with the home industry is
screened from view and located
within a fenced compound
Yes Not anticipated but noted
C2.7.2.i the number of employees is limited; Yes The number is employee is approximately
5
C2.7.2.j any retail component of the home
industry is clearly accessory to the
Yes No retail component
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Policy
Number
Characteristic Yes/No Comment
home industry and does not detract
from the primary use of the
property or adjacent properties
The property is principally used for agricultural, with the crop lands rented to a tenant farmer. Of the
other uses on-site, a residential dwelling is permitted, and the On-Farm Diversified Use the electrical
business, meets the policies set out in the Elgin County Official Plan.
In our opinion, this application conforms with the Elgin County Official Plan.
4.4 MUNICIPALITY OF BAYHAM OFFICIAL PLAN (OP)
The subject property is in Bayham’s Agricultural area, which has set aside productive farmland for
agricultural purposes. The Bayham Official Plan recognizes, encourages, and supports the agricultural
industry as the primary economic activity in the Municipality of Bayham (Section 1.2).
The “Agriculture” designation shown on Schedule “A1” applies to the subject lands. All types, sizes, and
intensities of agricultural uses and normal farm practices are permitted and encouraged in the
“Agriculture” designation. Agriculture-related uses and secondary uses are also permitted in the
“Agriculture” designation if they are compatible with agricultural uses and do not contribute to land use
conflicts (Section 2.1). The table below provides further justification in relation to the County Official
Plan.
Table 6 – Official Plan policies - Municipality of Bayham Official Plan
Policy Characteristic Y/N Comment
2.1.1.2 In addition to all types, sizes and intensities of
agricultural uses. This policy also permits agricultural-
related uses and secondary uses, provided they are
compatible with agricultural uses and don’t
contribute to land use conflicts. Uses may include
agricultural home occupations, and farm-related
industrial and commercial uses.
Yes The barn supports the
On-Farm Diversified
Use, the electrical
business. Which is
secondary to the
agricultural use of the
property.
2.1.3.1 The Municipality shall permit in the area designated
“Agriculture” the establishment of farm-related
industrial and commercial activities as described in
Section 2.1.1.2 which are small scale and directly
related to the farm operation and required in close
proximity to the farm operation. Only “dry” farm-
Yes The electrical business
is a “dry” industry. The
business has supported
farm operations in the
area. Sales supporting
farmers needs totals
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Policy Characteristic Y/N Comment
related industrial and commercial uses will be
permitted.
nearly $700k in 2020-
2021.
2.1.5.1 The Municipality supports on-farm diversified uses
through the establishment of agri-tourism, farm
related home occupations, farm related home
industries and uses that produce value added
agricultural products. These operations include
agriculture, horticultural or agri-business operations
for the purpose of recreation, education, research and
training or active involvement in farm activities, where
the principle use on the property remains farming and
where products used in the activity are produced on
the property or related to farming.
Yes The electrical business
has supported farm
operations in the area.
Sales supporting
farmers needs totals
nearly $700k in 2020-
2021.
3.1.3.2 In evaluating proposals for new or expanded non-
resource uses, the Municipal Council shall require a
presentation of the proposal which will include a
detailed site plan outlining building areas and
locations, ingress and egress to the site, parking
facilities, existing and surrounding land uses, building
location, site characteristics, and proposed buffering,
surface water drainage, and landscaping.
Yes Concept site plan
provided.
3.1.3.3 Lands to be designated as non-resource areas in the
Municipality of Bayham shall comply with the
following:
3.1.3.3.j - All non-resource uses shall require
justification, which will address the need for the land
use; the amount of land needed; reasons for choice of
location, and consideration of other locations for the
use;
Yes 1. Secondary uses are
permitted. OFDUs are
permitted.
2. Meets guidelines for
OFDU.
3.1.8.4 Commercial uses in locations other than along, or at
intersections with Highway No. 3 or County Roads
may be permitted on a limited basis subject to an
Official Plan amendment, and provided they meet all
other applicable policies of this Plan, and the Zoning
By-law regulations for rural commercial uses.
Yes The owner is seeking
an Official Plan
Amendment.
The application is in lie
with applicable policies
of the plan.
The site specific’s also
meet the Rural
Commercial zoning
provisions.
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On this basis, subject to this application for an Official Plan Amendment being approved by Council, it
will conform to the policies of the Bayham Official Plan.
4.5 BAYHAM ZONING BY-LAWS (BZBL)
Bayham’s Zoning Provisions designate this property as A1-29, which supports a minimum lot area of
15.8 ha on this property (Section 5.12.29), and Section 3.7 permits multiple zones on a lot.
In accordance with Section 3.1.8.4 of the Bayham OP, Commercial uses may be permitted in other
locations of the Municipality subject to an OPA and meeting the Zoning By-law requirements for Rural
Commercial Uses. The table below indicates compliance with the Rural Commercial Zoning of the
Municipality.
Table 7 – Zoning Compliance as per 3.1.8.4 of the Bayham Official Plan (Rural Commercial Uses)
Provision Required Proposed Note
Minimum Lot Area 2,000 m² 15.8 ha Complies
Minimum Lot Frontage 30 m 835 m Complies
Maximum Lot
Coverage
30% 0.40% Complies
Minimum Front Yard 12.2 m 149.96 m Complies
Minimum Interior Side
Yard
3.0 m 88.57 m Complies
Minimum Rear Yard 7.5 m 195.20 m Complies
Maximum Building
Height
12 m ± 7m Complies
Table 7 demonstrates that this property currently complies with the Municipality’s Zoning By-law.
Permitted uses under the Agricultural zoning permit Agricultural use and single detached dwellings.
The Zoning By-law Amendment is seeking to add a site-specific permitted use confined to the area of the
barn and the parking area. The Zoning By-law Amendment application is seeking to add Service Shop (a
building trade establishment) to the permitted uses, this would also be in compliance with the Rural
Commercial Zoning of the Municipality.
Subject to Council’s approval of a Zoning By-law Amendment, this application will conform the Bayham
Zoning By-law.
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5 PLANNING ANALYSIS
The purpose of this Planning Justification Report is to support applications for Official Plan and Zoning
By-law Amendments. Permitting electrical contracting business within an accessory building on lands
designated and zoned Agricultural. This analysis summarizes the justification for these amendments
when tested against the applicable land use planning policies of the provincial government and the local
municipalities. This includes: The Planning Act, The Provincial Policy Statement, The Elgin County Official
Plan, the Municipality of Bayham Official Plan, and the Municipality of Bayham Zoning By-law.
These applications comply with Section 2 of the Planning Act.
Assessing this application against the Provincial Policy Statement, the principal use of the property
remains agricultural, which permits a residential dwelling. On-Farm Diversified Uses are also permitted
so long as they can achieve the criteria outlined within the Guidelines on Permitted Uses in Ontario’s
Prime Agricultural Areas and municipal planning documents, which has been justified in Section 4.2
above. In our opinion, the application meets the Permitted Uses in the Agricultural Area Section C2.3, as
found in the Elgin County Official Plan, and the Characteristics of Secondary Uses, in C2.7.1. And further,
Home Industries as per C2.7.2.
The preservation of agricultural lands is a key policy initiative of the Bayham Official Plan, but it also
provides flexibility permitting secondary uses provided they are compatible and do not contribute to
land use conflicts.
This application to permit the electrical business represents a secondary use on the property. The
primary use is agricultural and is actively farmed by a tenant farmer. The residential dwelling is a
permitted use on the property, and the secondary use is the electrical business as an On-Farm
Diversified Use, which are permitted uses on an agricultural use of the property.
Furthermore, the applicant has confirmed with LandPro that approximately 40% of their business is
focused on the local community. The remaining customers are also local, being in Tillsonburg and
nearby communities. Like most businesses, it requires a diverse customer base to remain sustainable
and viable. The electrical business services many clients and has been supporting farmers needs in sales
totals of nearly $700k in 2020-2021. This is also supportive of the application and addresses concerns by
the Municipality.
The property is in compliance with the Agricultural zoning provisions. It also has a single-detached
dwelling and is used for agricultural purposes. The Zoning By-law Amendment is seeking to add the
permitted use of a Service Shop to the property, which would permit the electrical business.
The applications are supported by the applicable planning documents. The Planning Act permits Official
Plan and Zoning By-law Amendments. The Provincial Policy Statement permits On-Farm Diversified Uses.
The Official Plan’s of the County of Elgin and the Municipality of Bayham further permit On-Farm
Diversified Uses and the use can be added as a site-specific use through an Official Plan amendment.
Additionally, the zoning of the property permits a single-detached dwelling and agricultural use, and the
amendment is seeking to add the service shop as a permission.
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
24 | Page
It is our opinion that the applications meet all the required policy tests and demonstrate that the
proposed changes make for “good planning”.
6 CONCLUSION
These planning applications was initiated through By-law enforcement, we continue to believe it is the
Municipality’s desire to find an amicable solution to the infraction through planning applications. The
application was submitted on this basis and we will continue to work with the municipality to resolve
this By-law complaint.
Respectfully Submitted by,
LANDPRO PLANNING SOLUTIONS INC.
________________________________
Adam Moote
Project Manager
RPP | MCIP
________________________________
Michael J. Sullivan
President & Founder
RPP | MCIP | EP
+ 289-680-5189
adam@landproplan.ca
landproplan.ca
+ 289-687-3730
mike@landproplan.ca
landproplan.ca
With contributions from: Mackenzie Crumb – Designer
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
25 | Page
APPENDIX 1: OFFICIAL PLAN SCHEDULE A1 – LAND USE
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
26 | Page
APPENDIX 2: OFFICIAL PLAN SCHEDULE A2 - CONSTRAINTS
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
27 | Page
APPENDIX 3: ZONING BYLAW SCHEDULE A MAP 3
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
28 | Page
APPENDIX 4. LPRCA REGULATION LIMITS
Official Plan Amendment and Zoning Bylaw Amendment February 2023
14077 Bayham Road, Elgin County
Arie & Christina Schep
29 | Page
APPENDIX 5. SURVEY OF PROPERTY (2018)
Municipality of Bayham March 28, 2023
Straffordville, ON
Attention: Margaret Underhill
To whom it may concern,
Long Point Region Conservation Authority (LPRCA) staff have had an opportunity to review applications
OPA-03-23 & ZBA-03-23 and provide the following comments based on LPRCA’s various plan review
responsibilities for the Municipality of Bayham’s consideration.
It is staff’s understanding that the submitted applications for Official Plan and Zoning Amendment will
permit an electrical business to operate on the subject lands.
Delegated Responsibility from the Ministry of Natural Resources and Forestry, Section 3.1 of the
Provincial Policy Statement, 2020
Conservation Authorities have been delegated responsibilities from the Minister of Natural Resources and
Forestry to represent the provincial interests regarding natural hazards encompassed by Section 3.1 of
the Provincial Policy Statement, 2020 (PPS). The overall intent of Section 3.0 - Protecting Public Health and
Safety of the PPS is to reduce the potential public cost or risk to Ontario’s residents from natural or human-
made hazards. As such, “development shall be directed away from areas of natural or human-made
hazards where there is an unacceptable risk to public health or safety or of property damage, and not
create new or aggravate existing hazards.”
The application is subject to the following subsections of Section 3.1 of the Provincial Policy Statement:
3.1.1 Development shall generally be directed, in accordance with guidance developed by the Province
(as amended from time to time), to areas outside of:
b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by
flooding hazards and/or erosion hazards;
Staff can advise that the proposed application is consistent with Section 3.1 of the Provincial Policy
Statement, 2020. LPRCA staff have no objection to the concept of this application.
Ontario Regulation 178/06
The subject lands are partially regulated by Long Point Region Conservation Authority under Ontario
Regulation 178/06. Permission from this office is required prior to any development within the regulated
area.
Development is defined as:
• the construction, reconstruction, erection or placing of a building or structure of any kind,
• any change to a building or structure that would have the effect of altering the use or potential
use of the building or structure, increasing the size of the building or structure or increasing the
number of dwelling units in the building or structure,
• site grading, or
• the temporary or permanent placing, dumping or removal of any material, originating on the site
or elsewhere (Conservation Authorities Act, R.S.O. 1990, c. 27, s. 28 (25))
It appears no development is taking place within the area regulated by LPRCA under Ontario Regulation
178/06.
Please feel free to reach out with any further questions related to this matter. Regards,
Aisling Laverty, Resource Planner
Long Point Region Conservation Authority
519-842-4242 ext. 235 | alaverty@lprca.on.ca
IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects
Memorandum
To/Attention Municipality of Bayham Date April 14, 2023
From Paul Riley, BA, CPT Project No 3404-872
cc William Pol, MCIP, RPP
Subject Official Plan and Zoning By-law Amendment application - Arie and Christina Schep for lands located at 14077 Bayham Drive
_______________________________________________________________
1. The Municipality of Bayham has received Official Plan Amendment Application OPA
03-23 and Zoning By-law Amendment Application ZBA 03/23 from Landpro
Planning Solutions on behalf of Arie and Christina Schep (hereafter “owner”) to
permit home occupation workshop as an On-farm Diversified use for an electrical
services business and concurrent Zoning By-law Amendment for site-specific
permission for a Service Shop use within the defined area of 2,700 square metres
comprising the building and parking area for the electrical services business. The
building used for the electrical services business has a floor area of 517.3 m2 (5,568
ft2) and has a gravel yard for parking and circulation along the north and east of the
building.
Site Context and Proposed Use
2. The subject lands are located on the south side of Bayham Drive, south of Highway
3 and are known as BAYHAM CON 10 PT LOT 21 RP; 11R10370 PART 2 and
known municipally as 14077 Bayham Drive. The property has area of 15.8 ha (39
ac), lot frontage of 432.4 m (1,418.8 ft) and varying lot depth. The subject lands are
characterized as an agricultural lot used for crop cultivation (leased to a local farmer)
and residential use and comprises a single-detached dwelling and an electrical
contracting business building. The dwelling is serviced by private water and sewer
services.
3. The subject lands are designated Agriculture and Natural Heritage on Schedule A1:
Land Use and are designated as Hazard Lands and Significant Woodlands on
Schedule A2: Constraints in the Municipality of Bayham Official Plan. The lands are
zoned site-specific Agriculture (A1-29) on Schedule A Map No. 3 in Zoning By-law
Z456-2003.
4. Surrounding uses are agricultural and natural heritage in all directions. The farmed
area, dwelling and electrical services building are located on the north and central
areas of the subject lands, approximately 150 m (500 ft) south of Bayham Drive and
are accessed by one driveway from Bayham Drive. Bayham Drive is a local gravel
road providing access to several other dwellings and farms.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
2
5. The electrical services business is described in the application as having
commercial and industrial use characteristics, being that the business provides a
commercial service to the public in the form of electrical contracting services and
the building or “workshop” is used for storage. The workshop building is used as a
base of operations and for storage of electrical parts/materials for the business.
There are approximately 5 employees operating primarily from work vehicles offsite
but who travel to and from the workshop for materials and perhaps daily to access
the work vehicles.
6. The electrical services building was constructed in 2019 and approved by the
Municipal CBO as an agricultural building, however, the intent was to contain the
electrical services business. Planning approvals were not obtained by the owners
for non-resource use in the agricultural area. The owners resided in the building
temporarily until recently constructing a dwelling and only received permission to
reside temporarily after the Municipality was forced to act to bring them into
compliance. The business continues to operate without municipal planning
approval.
7. The area of the subject lands identified as Hazard Lands and Significant Woodlands
are part of the Big Otter Creek valleylands system and are located to the south, east
and west of the electrical services business. The nearest extent of Natural
Heritage/Significant Woodlands to the dwelling and electrical services building is
approximately 47 m (156 ft) to the west, 55 m (181 ft) to the east and 70 m (230 ft)
to the south. The Long Point Region Conservation Authority provided comments on
the application and they advised that the proposed development is consistent to the
Provincial Policy Statement and they have no objection to the proposed
development adjacent to sensitive natural features.
Public Comments
8. A statutory Public Meeting was held on April 6th, 2023, and no written and verbal
feedback from the public was received.
On-Farm Diversified Use and Secondary Use
9. The Planning Justification Report supporting the proposed development considers
the proposed electrical services commercial/industrial use to be an on-farm
diversified use that is a secondary use to the primary agricultural use and that the
use supports the agricultural community farm operations and their residential
components. The scale of the proposed use requires specific attention in order to
determine if it is appropriate to permit the use in a rural agricultural resource area
rather than in a settlement area where non-resource employment uses and growth
and development are intended (additional policy discussion on this topic is provided
in subsequent sections of this report).
10. The permitted uses listed in PPS Section 1.1.5.2 include the management or use of
resources; agricultural uses, agriculture-related uses, on-farm diversified uses and
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
3
normal farm practices, in accordance with provincial standards; and home
occupations and home industries. PPS Section 2.3.3.1 Permitted uses in prime
agricultural areas indicates that:
permitted uses and activities are: agricultural uses, agriculture-related uses and
on-farm diversified uses.
Proposed agriculture-related uses and on-farm diversified uses shall be
compatible with, and shall not hinder, surrounding agricultural operations. Criteria
for these uses may be based on guidelines developed by the Province or
municipal approaches, as set out in municipal planning documents, which achieve
the same objectives.
The following is the definition of on-farm diversified use in the PPS:
On-farm diversified uses: means uses that are secondary to the principal
agricultural use of the property, and are limited in area. On-farm diversified uses
include, but are not limited to, home occupations, home industries, agri-tourism
uses, and uses that produce value-added agricultural products….
The PPS does not define home occupation or home industries.
11. The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) document titled
Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas provides
planning authorities with additional information on permitted uses and
considerations for on-farm diversified use.
Table 1 of the Guidelines includes the following criteria to consider for on-farm
diversified Uses:
1. Located on a farm
2. Secondary to the principal agricultural use of the property
3. Limited in area
4. Includes, but is not limited to, home occupations, home industries, agri-tourism
uses and uses that produce value-added agricultural products
5. Shall be compatible with, and shall not hinder, surrounding agricultural
operations
The proposed use is located on a farm and is limited in area, however, the size and
scale of the proposed electrical services business does not seem to be secondary
in nature, is not a home occupation (based on definition in the Elgin OP) but has
home industry characteristics. A commercial/industrial use with year-round work
vehicle trips for loading and unloading of supplies from at least 6 work vehicles on
a gravel road could create compatibility issues with dust, noise and roadway
maintenance.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
4
12. The Elgin County Official Plan (Elgin OP) includes the following definitions of Home
Industry:
Home Industry Means a small-scale industrial use, including, but not limited to a
carpentry, metal working, welding or electrical shop that provides services or
wares to the rural community and which is an accessory use to an agricultural use
or a single detached dwelling. For the purpose of this Official Plan, the sale,
storage or repair of non-farm motor vehicles, mobile homes and/or trailers as well
as a paint shop are not considered a home industry. The policies of each local
Official Plan shall further detail the types of uses permitted or prohibited as part
of a home industry.
The proposed use would need to be considered a home industry to be considered
on-farm diversified use. The above definition does indicate an electrical shop as
a home industry use, however, the definition does state “small-scale”. The scale
of development needs to be considered.
The application also indicates that the electrical service business use is considered
as secondary in nature and related to agriculture.
The Elgin County Official Plan Section C2.6 Agriculture-Related Uses indicates the
following:
…small scale farm-related commercial and farm-related industrial uses which are
directly related to agriculture and primarily serve the agricultural operation by
adding value to, or retaining the value of, an agricultural commodity produced by
that operation are deemed to be agriculture-related uses.
Based on the above policy the proposed electrical services business is not
Agriculture-related use as it is not directly related to agriculture and does not need
to be close to agriculture.
The Elgin OP Section C2.7 Secondary Uses indicates that home occupation and
home industries can be deemed secondary uses and the remainder of the
secondary use examples are directly related to agricultural practices or are related
to farm activities, such as agricultural research, farm-related tourism, estate
wineries.
Elgin OP Section C2.7.1 Characteristics of a Secondary Use indicates the following:
A secondary use is any land use that is secondary to the principle use on a
property. If the principle use is agriculture, then the secondary use must be
accessory to and subordinate to the agricultural use. … Factors to consider by
municipalities in determining whether a use is a secondary use include:
a) the amount of land devoted to the secondary use in comparison to the amount
of land devoted to the principle use;
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
5
The land devoted to the electrical services business use is less than the
land used for agriculture.
b) the size of the building housing the secondary use in relation to the sizes of
building(s) accommodating the principle use;
The electrical services building is 5,500 square feet and the dwelling
appears to be smaller than that. At the time of writing, it is not immediately
evident the size of the dwelling, however, the submitted site plan shows
the dwelling being slightly smaller than the electrical services building.
The Municipality requested that the applicants provide a drawing or
description of the area of the building devoted to the proposed electrical
services business, however, this was not provided. The Planning
Justification Report states that “the structure was constructed to house the
Applicants’ electrical business”. It is unclear how much of the building is
used, if any, for agriculture and the building and use is of sufficient size to
not be secondary in nature.
If municipal planning permission was requested before it was built, a
building devoted to a secondary, non-agricultural accessory use would not
have been permitted at this size. A building of this size would be permitted
if it was entirely devoted to agricultural use.
c) the nature of the secondary use itself and whether the use is operated by the
owner of the property;
It is our understanding that the business provides electrical services to a
variety of residential and commercial customers across the region,
including a portion of the business servicing the agricultural community.
The work is primarily performed off-site at the customers locations. The
subject lands are used to store work materials and work vehicles and
approximately 5 employees as well as the owner travel to and from the
subject lands for materials and perhaps to access work vehicles. The
extent of the portion of the business services devoted to agriculture is not
clear, however, the application indicates approximately $700,000 in
business in the last two years was for services to agriculture.
The electrical services activities occur year-round whereas the cultivation
of cash crops would occur for several weeks over the course of the planting
and harvesting season.
The business is operated by the owners.
d) the number of people employed by the secondary use in relation to the
number of people employed by the principle use;
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
6
The business employs approximately 5 employees and has not offered a
limitation to the future size of the business operation. It is understood from
the pre-application consultation that approximately 4 work vans are stored
at the subject site, one of which is the owners. Some of the employees
store their work vehicle elsewhere. Employees visit the subject site to load
up supplies. This was the situation in December 2020.
The land area under cultivation for cash crops leased to a local farmer
appears to be approximately 6.2 hectares in area. There may be forestry-
related agricultural uses that we are not aware of on the remainder of the
lands which are forested. It is unknown how many workers would be
needed for cultivation of the fields.
e) the extent to which retail sales occur as a component of the secondary use;
and,
According to the applicants there are no retail sales from the subject site
and no members of the public visit the site for services.
f) the amount of traffic generated by the secondary use in relation to the principle
use on the property.
The details of the amount of traffic generated from the proposed use was
not provided with the current submission. During the pre-application
consultation it was indicated that employees visit the site to load up with
supplies. These trips would occur year-round whereas the agricultural
activities would have tractors several times during the planting and harvest
season.
The proposed use appears to be larger in scale and nature than a secondary use
and the building appears to be larger than appropriate to be considered a
secondary or accessory use.
13. Elgin OP Section C2.7.2 Home Industries indicates the following:
Home industries may be permitted, subject to the policies of the local Official Plan
provided that:
c) the home industry has a floor area that is consistent with the scale of uses on
the property;
The scale of the floor area is larger than considered appropriate for a home
industry.
d) the noise, dust and odour that could potentially emanate from the use will not
have an adverse impact on adjacent properties;
Noise and dust from the owner and employees vehicle trips on a gravel
road will have an impact on the surrounding uses that use Bayham Drive.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
7
e) the type and level of traffic generated by the use is compatible with the
character of the area and the function of adjacent roads;
Bayham Drive is a gravel road intended to provide access to local residents
and farms. Traffic and resultant noise and dust from the proposed electrical
services business is not compatible with the character of the area or the
function of the road. Bayham Drive maintenance efforts and expenditures
to the Municipality will be increased over time due to the proposed use.
Although the proposed use does meet some of the criteria for Home Industry the
scale of the proposed non-resource use appears to be oversized to be considered
home industry and there could be compatibility and existing rural character impacts
with commercial/industrial loading and unloading traffic on a gravel road intended
for low volumes of traffic for residential and agriculture uses. It is likely that Bayham
Drive maintenance efforts and expenditures to the Municipality will be increased.
14. The Municipality of Bayham Official Plan (Bayham OP) Section 2.1.5 On-Farm
Diversified Uses indicates that:
The Municipality supports on-farm diversified uses through the establishment of
agri-tourism, farm related home occupations, farm related home industries and
uses that produce value added agricultural products…
b) Large-scale, intensive agri-tourism uses may be permitted subject to a Zoning
By-law amendment. Scale of the use will be determined by issues such as
building area, size, and non-agricultural components of the use. Any non-
agricultural components must adequately demonstrate how they contribute to
the viability of the farm operation and will not contribute to land use conflicts with
surrounding agricultural uses. Such uses will also be subject to site plan control.
The proposed use does not appear to be in conformity to the Bayham OP policies
for on-farm diversified use which envision direct relation to farming or farming
operations.
15. In conclusion to on-farm diversified use and the secondary nature of the proposed
electrical services use and building in paragraphs 11 through 14 of this memo, the
proposed use may not be consistent to or in conformity to policies and criteria in the
PPS, Elgin OP and Bayham OP. The proposed use appears to be larger in scale
and nature than a home industry and/or secondary use and the building appears to
be larger than appropriate to be considered a secondary or accessory use. There
are minor impacts to the use of the road, including dust and noise, as well as
increased municipal maintenance required from time to time, from traffic generated
by work vehicle trips.
Provincial Policy Statement
16. The Provincial Policy Statement, 2020 (hereafter “PPS”) Section 1.1.3.1 indicates
that Settlement areas shall be the focus of growth and development. Furthermore,
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
8
Section 1.1.4.2 indicates that “In rural areas, rural settlement areas shall be the
focus of growth and development and their vitality and regeneration shall be
promoted.
The PPS polices direct non-resource-based land uses to be located within
settlement areas to properly manage rural resource assets and promote the vitality
and economic prosperity of settlement areas. The lands proposed to contain a
commercial/industrial electrical services business are located on rural agricultural
lands rather than within a settlement area. A diversified rural economy should be
promoted by protecting agricultural uses and directing non-related development to
areas where it will minimize constraints on other uses.
Municipality of Bayham Official Plan
17. The Municipality of Bayham Official Plan Section 3.1 Non-Resource Uses policies
apply to site-specific areas of the Municipality outside of the settlement areas where
the predominant land use activity is not related to agriculture or other resources”.
Section 3.1.3 General Policies that Apply to all Non-Resource Uses indicates that:
The Municipality shall regulate all development in the areas designated for non-
resource uses so that the environment is maintained, agricultural uses are
protected, and potential land use conflicts are not created.
Bayham OP Section 3.1.3.3 provides criteria to consider for proposals for non-
resource uses, including:
a) Land may be excluded from prime agricultural areas for limited non-
residential uses, provided that:
1. the land does not comprise a specialty crop area;
The lands comprise a specialty crop area.
2. there is a demonstrated need within the planning horizon provided for
additional land to be designated to accommodate the proposed use;
There is no demonstrated need within the planning horizon to
accommodate commercial/industrial use.
3. there are no reasonable alternative locations which avoid prime
agricultural areas; and
The proposed use should be located in a settlement area on lands
intended for non-resource, non-residential use which would not
impact agricultural uses in a prime agricultural area.
4. there are no reasonable alternative locations in prime agricultural areas
with lower priority agricultural lands.
The proposed use should be located in a settlement area on lands
intended for non-resource, non-residential use.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
9
b) The provisions of the Provincial Policy Statement 2014 and both the M.D.S.
I and M.D.S. II formulae;
An MDS calculation was not provided. Establishing a non-resource
use in an agricultural area may impact future agricultural/livestock
operations in proximity to the subject lands.
c) Must have existing frontage on an opened and maintained year round, public
road that is capable of sustaining vehicular traffic;
The subject lands have frontage on an opened public road maintained
year-round. The frequency of work vehicle trips generated from the
proposed use is unknown, however, there is likely some impact in
relation to dust and noise as well as increased maintenance of the
road due to the proposed use.
d) Should not be situated in proximity to existing land uses that in themselves
have a high nuisance value or are easily capable of promoting land use
conflicts…..
There are no identified high nuisance land uses in the area.
e) Buildings or structures must be appropriately setback from municipal drains,
watercourses and any associated “Hazard Lands” as described in this Plan
and the Zoning By-law;
The LPRCA had no objection to the proposed development.
f) The soil and ground water conditions are suitable for the operation of a
private potable water and private sanitary sewage treatment and disposal
system as approved by the appropriate approval authority;
There are existing private water and sewer services.
g) The size of any parcel of land created … N/A
h) Shall not create a traffic hazard as a result of access to a portion of a
roadway with limited sight lines …;
There are no known sight line concerns with the existing driveway
access.
i) Shall be considered only when mineral aggregate resource lands are not
affected. Should mineral aggregate resource lands be affected, Municipal
Council shall consult Section 2.4 of this Plan in order to protect such lands
from development which would preclude or hinder future extraction;
Bayham OP Schedule A1: Land Use does not identify any natural gas
reservoir or mineral aggregate resource areas in the area of the
subject lands.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
10
j) All non-resource uses shall require justification, which will address the need
for the land use; the amount of land needed; reasons for choice of location,
and consideration of other locations for the use;
The Planning Justification Report response to this policy is in regards
to the use being a secondary use and on-farm diversified use that
meets the OMAFRA Guidelines. The policy review above does not
consider the use on-farm diversified or secondary in nature.
The owners bought the land and built an agricultural building for a
commercial/industrial use building where the use is not permitted. The
amount of land needed cannot be considered because they already
built the building and established the use without municipal approvals.
No justification as to the availability, or lackthereof, for the business to
be located in a settlement area on lands intended for employment use
was provided.
k) Should be regulated so that its impact will not detract from the natural
environment.
The LPRCA had no objection to the proposed development.
The proposed commercial/industrial use is not in conformity to the Bayham OP
policies for non-resource uses.
Zoning By-law
18. The subject lands are zoned site-specific Agricultural (A1-29) in Municipality of
Bayham Zoning By-law Z456-2003. The permitted land uses in the A1 zone do not
include commercial/industrial uses. The site-specific regulations permit reduced lot
area of 15.8 ha. The application proposes:
“The Zoning By-law Amendment is seeking to add a site-specific permitted use
confined to the area of the barn and the parking area. The Zoning By-law
Amendment application is seeking to add Service Shop (a building trade
establishment) to the permitted uses, this would also be in compliance with the Rural
Commercial Zoning of the Municipality.”
For similar situations the Municipality has typically added site-specific zone
regulations to the entirety of the subject lands, however, based on the nature of the
non-resource use proposed and the option to have two zone categories on one
parcel, the applicants proposed approach to zoning a specific portion of the subject
lands could proceed. Service Shop use as a building trades establishment and
setbacks in compliance with the Rural Commercial (RC) zone can be applied should
the Official Plan Amendment be approved by Elgin County. A Zoning By-law
Amendment recommendation will follow Council decision on the proposed OPA and
subsequent approval decision from Elgin County.
Site Plan Approval
IBI GROUP MEMORANDUM
Municipality of Bayham – April 14, 2023
11
19. This application is subject to site plan approval to ensure the buildings, access, and
landscape buffer are properly sited, have sufficient landscaping, services and
proper vehicle turning movements to and from the site.
Recommendation:
1. We do not recommend the proposed Official Plan Amendment and associated
Zoning By-law Amendment to add: site-specific text subsection to the Official Plan
to permit specific to the subject lands a non-resource use in the prime agricultural
area for a land use that is intended to be located in a settlement area and does
not appear to be secondary in nature based on scale and does not appear to be
on-farm diversified use in nature.
2. Should Council consider approval of the Amendments on the basis of
interpretation of scale and use being on-farm diversified use in nature, a Draft
Official Plan Amendment has been provided with this report and a Zoning By-law
Amendment can be provided following Elgin County approval of the proposed
Official Plan Amendment.
Paul Riley
IBI GROUP
Paul Riley, BA, CPT
Consulting Planner to the
Municipality of Bayham
AMENDMENT NUMBER 32
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Arie and Christina Schep
14077 Bayham Drive
The following text constitutes Amendment Number 32 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. 2023-030, in accordance with Section 17 of the PLANNING ACT, on the 20th day of April 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-030
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. 32 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. 32 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 20th day of April 2023.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 32
1. PURPOSE
The purpose of the Official Plan Amendment is to permit an oversized home occupation
workshop as a non-resource based secondary use and an On-farm Diversified use for
an electrical services business contained on a portion of subject lands and operating out
of an existing building and gravel yard, specific to the subject lands. The amendment
includes adding a new policy in Section 2.1.5.2 specific to the subject lands to permit the
electrical services business as an on-farm diversified use.
The Official Plan Amendment would facilitate the concurrent Zoning By-law Amendment
to change the zoning from site specific Agriculture (A1-29) to a modified A1-29 zone to
permit a Service Shop use within the defined area of 2,700 square metres comprising
the barn and parking area for the electrical business, in Zoning By-law Z456-2003.
2. LOCATION
The Official Plan Amendment will be applicable to lands known as BAYHAM CON 10 PT
LOT 21 RP; 11R10370 PART 2 and known municipally as 14077 Bayham Drive.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as an agricultural lot used for crop cultivation
(leased to a local farmer) and residential use and comprises a single-detached dwelling
and secondary use building used for material and work vehicle storage for an electrical
services business. The dwelling is serviced by private water and sewer services. The
subject lands are located on the south side of Bayham Drive, south of Highway 3. The
property has lot frontage of 432.44 m (1,418.76 ft.) and varying lot depth, with one
driveway access to Bayham Drive for the residential and business use.
Surrounding uses are agricultural and natural heritage in all directions. The farmed area,
dwelling and electrical services building are located on the north and central areas of the
subject lands, approximately 150 m (500 ft.) south of Bayham Drive and are accessed
by one driveway from Bayham Drive.
The Provincial Policy Statement, 2020 permits on-farm diversified use as secondary use
in the rural agricultural area. The Elgin County Official Plan permits home occupation
and home industries as secondary uses. The Bayham Official Plan permits limited non-
resource use in the rural area. The proposed Zoning By-law Amendment would bring the
subject lands into conformity to the Zoning By-law. The proposed amendment is
consistent to the PPS and in conformity to the Elgin County and Bayham Official Plans
and the Zoning By-law.
4. DETAILS OF THE AMENDMENT
a) Section 2.1.5.2 of the Official Plan of the Municipality of Bayham is hereby amended to
add the following subsection:
2.1.5.2 Notwithstanding Section 2.1.5.1 policy for on-farm diversified use the
establishment of agri-tourism, farm related home occupations, farm
related home industries and uses that produce value added agricultural
products, the subject lands located at BAYHAM CON 10 PT LOT 21 RP;
11R10370 PART 2, and municipally known as 14077 Bayham Drive may
have a secondary use with commercial and industrial characteristics for
the operation of an electrical services business use as an on-farm
diversified use to be operated within a building with maximum floor area
of 520 square metres and adjacent parking and circulation yard.
The subject lands subject to this Amendment as designated “Agriculture”
may be used, developed, and zoned to permit an oversized home
occupation workshop as a non-resource based secondary use and an
On-farm Diversified use in accordance to Section 2.1.5.2 of the Official
Plan, as amended.
The County Tree Commissioner/Weed Inspector,
Jeff Lawrence, presented both his Quarterly
Report ending December 2022 and his 2022
Annual Report to Council on March 28, 2023.
These reports contain information regarding
total applications to harvest, total hectares
cleared, and total weed complaints received.
Mr. Lawrence also provided industry news
related to the highly destructive insect, Hemlock
Wolly Adelgid. In August 2022, the Canadian
Food Inspection Agency (CFIA) confirmed the
presence of Hemlock Woolly Adelgid in Grafton,
Ontario. In response to this finding, the CFIA has
imposed restrictions and regulations in an effort
to reduce its spread in other identified
populations. To learn more about his findings,
please access the March 28, 2023, Council
Agenda package.
COUNTY TREE COMMISSIONER/WEEDINSPECTOR REPORTS ON HARVESTING,CLEARING, AND WEED COMPLAINTS FOR 2022
PAGE 01ELCIN COUNTY COUNCIL HIGHLIGHTS
COUNCILHIGHLIGHTS
TUESDAY,
MARCH 28, 2023
IN THIS ISSUE:
County Tree Commissioner/
Weed Inspector Reports on
Harvesting, Clearing, and Weed
Complaints for 2022
Rowland Emergency Vehicle
Products Inc. selected as the
provider for the County of Elgin's
new ERVs
Ensuring consistent quality care:
Director of Homes & Seniors
Services presented updated
policies for Elgin County Homes
Elgin's Community & Cultural
Services Department sees public
services returning to pre-
pandemic norms
Elgin's Community Improvement
Program supported 14 local
businesses in 2022
Elgin County Council Approves
Elgin's 2023 Budget
The County of Elgin currently has 2 Emergency Response Vehicles (ERVs) in
its EMS fleet that are scheduled for replacement. The primary purpose of
these vehicles is to provide emergency response services and to support
supervisory duties assisting paramedics in daily operations.
The Province of Ontario requires all ERVs to be manufactured in
accordance with the current version of the Ontario Provincial Land
Ambulance and Emergency Response Vehicle Standard. Accordingly, the
County of Elgin issued a Request for Proposal on February 14, 2023, seeking
a firm with ERV experience. The Evaluation Committee used a 'Quality
Based Selection Process' to select Rowland Emergency Vehicle Products
Inc. as the best provider.
On March 28, 2023, County Council authorized the Manager of Procurement
& Risk to issue a purchase order for the two new ERVS and declare the
existing ERVs as surplus and to be disposed of utilizing the Asset Disposal
Policy once the new ERVs are in service.
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 02
ROWLAND EMERGENCY VEHICLE PRODUCTS INC. SELECTED AS THEPROVIDER FOR THE COUNTY OF ELGIN'S NEW ERVS
Michele Harris, Director of Homes & Seniors
Services, provided Council with an overview
of its updated Administration, Housekeeping
& Laundry, Infection Prevention and Control,
Maintenance and Nursing Policy. These
departmental policies and procedure
manuals help to ensure that there is
consistency in the quality of services across
all three Homes, Bobier Villa, Elgin Manor &
Terrace Lodge.
ENSURING CONSISTENT QUALITY CARE: DIRECTOR OF HOMES & SENIORSSERVICES PRESENTED UPDATED POLICIES FOR ELGIN COUNTY HOMES
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 03
ELGIN COUNTY'S COMMUNITY & CULTURAL SERVICES DEPARTMENT SEESPUBLIC SERVICES RETURNING TO PRE-PANDEMIC NORMS
With the support of its Local Municipal Partners (LMPs), Elgin's Economic
Development department continues to see its Community Improvement
Plan (CIP) remain popular amongst the business community. This program
aims to encourage efficient land use, attract private investment, and
coordinate redevelopment activities to promote economic growth,
diversification, and sustainability of Elgin's tax base. The CIP offers financial
incentives to encourage private investment across the County.
Carolyn Krahn, Manager of Economic Development, Tourism & Strategic
Initiatives, shared an overview of the CIP's outcomes for 2022 with County
Council. The Elgincentives program approved 14 applications from April to
November 2022, resulting in a total investment of $591,566.77 from private
investors and $80,000 from Elgin.
ELGIN'S COMMUNITY IMPROVEMENT PROGRAM SUPPORTED 14 LOCAL BUSINESSES IN 2022
Community & Cultural Services Director Brian Masschaele presented
County Council with an overview of current services and project updates
for the Elgin County Library, Elgin County Museum and Elgin County
Archives. After two (2) years of disruptions brought on by Covid-19, public
services for Elgin's Libraries, Museum & Archives are returning back to pre-
pandemic norms.
Natalie Marlowe, Manager of Library Services, provided an insightful
snapshot of the Elgin County Library's overall performance. Emphasis was
placed on Library branches across Elgin seeing in-person programming
soaring, especially during this year's March Break programming.
This year, the Elgin County Museum will host a collection of several rare
bicycles by a local collector, Mr. Rick Wolfe, as part of its exhibit "Cycling:
An Unspoken History". Multiple programs are being planned surrounding
this exhibit pertaining to the theme of cycling. The Elgin County Archives is
well underway on digitizing hard copies of the St. Thomas Times-Journal
and its predecessor papers.
For more Community & Cultural Services highlights for 2023, please access
the March 28, 2023 Council Agenda.
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 04
For the complete March 28, 2023, County Council
Agenda Package, please visit the Elgin County website.
Continuing with existing services and operations, including a non-union
salary increase of 2.5%;
Enhanced land ambulance services through the implementation of a
transport-capable ambulance in the Municipality of Bayham;
Recognizing the impact of a high rate of inflation, cost-cutting
measures and efforts to modernize services are included across service
areas; and
Ongoing investment in transportation and critical infrastructure.
On March 28, 2023, Elgin County Council approved its 2023 operational and
capital budget of $92.6M. For this year, residents can expect a 3.76%
increase in the County portion of their municipal property taxes. This share
of municipal taxes supports road and bridge maintenance on county roads,
paramedic services, community planning, long-term care homes, libraries,
and more. Homeowners will see a slight addition of $23.88 for every
$100,000 of residential property assessment.
2023 Budget Highlights include:
ELGIN COUNTY COUNCIL APPROVES ELGIN'S 2023 BUDGET
LIBRARY
PERFORMANCE
2022
March 28, 2023
AGENDA
2022 Statistics Infographic1
Service Goals for 20233
Reserve Overview2Infographic Sections
4 Recommendations
CIRCULATION
LIBRARY USERS
*Both the increase in Library Members and in New Registrations exceed the 2022 service goals
of a 1% and 2% increase in each area, respectively.
ONLINE USE
IN-PERSON SERVICE
DIGITAL CHECKOUTS
37,810 e-book checkouts
24,178 e-audiobook checkouts
11,659 e-magazine checkouts
7,714 database sessions
1,526 video checkouts
302 e-music checkouts
Total: 83,189 Digital Checkouts
PROGRAMS
2023 SERVICE GOALS
1
2
Target membership and see a 1% increase (approximately 100 users)
in our Library Members, indicating member retention, as well as 5%
growth (approximately 100 new members) in our new users.
Continue to grow online eResources use and see a 1% increase
(approximately 825 checkouts), in digital circulation and in
response to network disruption recovery.
*These goals are based on an analysis of 2021 peer data as provided under the "County libraries
and county co-operative" section located here, as well as service needs across the system.
RECOMMENDATIONS
THAT the March 28, 2023 presentation titled "2022 Library
Performance" submitted by the Manager of Library
Services, be received and filed for information; and,
THAT a copy of this presentation be submitted to local
municipal partners in the County of Elgin.
Thank you!
On April 11, 2023, Richard Leatham (pictured
below) was officially sworn in as an Interim Elgin
County Councillor from the Municipality of West
Elgin.
The passing of Elgin County's Deputy Warden
Duncan McPhail last month left a vacancy for
not only a seat on Elgin County Council but for
the position of Mayor at the Municipality of West
Elgin.
At their last Council Meeting, the Municipality of
West Elgin appointed Richard Leatham as their
Interim Mayor. The Mayor of each Municipality is
required to fill the the role of County Councillor
for the County of Elgin for their respective
Municipality.
Elgin's Chief Administrative Officer administered
the Oath of Office to Mr. Leatham to become an
Interm Elgin County Councillor at the April 11
Council Meeting.
RICHARD LEATHAM SWORN IN AS THE INTERIMCOUNTY COUNCILLOR FROM WEST ELGIN
PAGE 01ELCIN COUNTY COUNCIL HIGHLIGHTS
COUNCILHIGHLIGHTS
TUESDAY,
APRIL 11 , 2023
IN THIS ISSUE:
Richard Leatham sworn in as the
interim County Councillor
from West Elgin
Ensuring Quality Care: Elgin
County's long-term care homes
renew their service agreements
with Ontario Health
Collaboration for community:
Elgin & St. Thomas to enhance
engagement efforts for shared
services
Savouring success: Elgin County
Tourism updates Culinary
Program with $35K FedDev
Ontario grant
Elgin County Councillor
Grant Jones has accepted
the position of Deputy
Warden for 2023. This
position is held by the
most recent past Warden
currently serving on
County Council.
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 02
The Corporation of the County of Elgin has a Multi-Homes Long-Term Care
Home Service Accountability Agreement (L-SAA) and a Multi-Sector Service
Accountability Agreement (M-SAA) with Ontario Health for its three long-
term care homes, which includes Bobier Villa, Elgin Manor and Terrace
Lodge. The Director of Homes & Seniors Services presented these
agreements to County Council for approval to execute the amended 2023-
2024 agreements.
Both of these agreements include terms and conditions for care and
services, reporting requirements (including sector-specific schedules),
performance requirements, and an annual compliance declaration.
To view these agreements, please access the April 11 County Council
Agenda.
ENSURING QUALITY CARE: ELGIN COUNTY'S LONG-TERM CARE HOMESRENEW THEIR SERVICE AGREEMENTS WITH ONTARIO HEALTH
In the late 90s, the County of Elgin and the City of St. Thomas executed a
Joint Services Agreement for the operations of Land Ambulance, Ontario
Works, Childcare and Social Housing.
This agreement allows for the City of St. Thomas, through the St. Thomas-
Elgin Social Services Department, to be the Consolidated Municipal Service
Manager (CMSM) for St. Thomas and Elgin County, providing social services
for residents of the City and County for Ontario Works, children's services,
and housing and homelessness prevention services. In addition, Elgin
County is the Designated Delivery Agent for the provision of Land
Ambulance and Community Paramedicine Services to the City of St.
Thomas.
Elgin's Chief Administrative Officer recommended strategies to County
Council to support enhanced information sharing between the City and the
County to ensure everyone's needs for information are met. The full report
can be found in the April 11 County Council Agenda.
COLLABORATION FOR COMMUNITY: ELGIN & ST. THOMAS TO ENHANCEENGAGEMENT EFFORTS FOR SHARED SERVICES
ELCIN COUNTY COUNCIL HIGHLIGHTS PAGE 03
For the complete April 11, 2023, County Council
Agenda Package, please visit the Elgin County website.
In late January, Elgin County Tourism received $35,000 from the
Government of Canada through the Federal Economic Development
Agency for Southern Ontario (FedDev Ontario) to update its Savour Elgin
program.
Elgin's award-winning Savour Elgin program was initially launched in 2010
to promote Elgin County's restaurants, agri-tourism operations, farmers'
markets, wineries, and breweries through a membership-based approach.
The program's main goal was to strengthen the local food supply chain
while building awareness of culinary tourism in Elgin County.
The Manager of Economic Development, Tourism & Enterprise presented
Council with a refreshed magazine-style booklet that focuses on culinary
tourism and agritourism experiences throughout Elgin County and St.
Thomas.
SAVOURING SUCCESS: ELGIN COUNTY TOURISM UPDATES CULINARYPROGRAM WITH $35K FEDDEV ONTARIO GRANT
Drawing upon the program's original
intent, this new Guide focuses on the
experiences that make Elgin and St.
Thomas' culinary attractions unique, at
no cost to those featured. Experiences
include Sweet Maple Syrup Stops, Reel-
y Good Fish & Chips, Love Our Local
Markets, Raise a Glass or Two, Pick Your
Own Passions, and Far & Away Flavours.
Taste, Experience the Flavours of Elgin
& St. Thomas is now available for the
public to savour the flavours of Elgin
County. Follow Elgin County Economic
Development & Tourism on Facebook
(@elgincounty) to get access to your
digital copy, or visit
www.elgintourist.com.
April 2023
“The spring wakes us, nurtures us, and revitalizes us. How often does your spring come? If you are a prisoner of the calendar, it comes once a year. If you are creating authentic power, it comes frequently, or very frequently.” — Gary Zukav
Upcoming Events
Date: May 3, 2023 Time: 2:00 PM - 3:00 PM REGISTER NOW Struggling to create a successful branding and marketing strategy? Join us online or in-person for our upcoming workshop, where we will guide you through the essential elements of a strong marketing plan. To attend in person at 450 Sunset Drive, RSVP to economicdevelopment@elgin.ca.
Resources and Opportunities
Southwestern Ontario Development Fund The newest SWODF application intake will be open from April 27 to June 15, 2023. You can find more information about eligibility and the intake process HERE For advice on developing and strengthening your application, you are encouraged to contact your regional advisor or Business Advisory Services at: Business Advisory Services - Western Region Main Office
westernregionbas@ontario.ca Toll-free: 1-800-267-6592 Ontario Chamber of Commerce Grow Your Business Online Grant
Through this program, small business owners can receive a micro-grant worth up to $2,400 to help get their business online, give their e-commerce presence a boost, or digitalize business operations. Grant recipients must commit to maintaining their digital adoption strategy for at least six months. Details Business Scale-up and Productivity- FedDev Ontario
Thinking of taking things to the next level? Funding under this stream helps to accelerate the growth of firms and assist with the adoption of new, innovative technologies that support scale-up, productivity, and the development of and entry into new markets to help companies become globally competitive. More details HERE Community Economic Development and Diversification- FedDev Ontario Funding is available to businesses and not-for-profit organizations in small communities who are working to develop, diversify, and transform their local economies. DETAILS
With the right digital tools and technologies, your small business can be found faster online. Apply at https://digitalmainstreet.ca to see if you qualify for a $2,500 Transformation Digital Grant!
For more info, contact Jennifer at the Elgin Business Resource Centre today. She’s here to guide you every step of the way. jgrigg@elgincfd.ca
Welcomes and Shoutouts
Congratulations to the West Lorne Arena for winning the 2023 Kraft Hockeyville contest. This is wonderful news for the Municipality of West Elgin, the Municipality of Dutton Dunwich, and all of Elgin County!
Thanks to everyone that voted!
Departmental Activity
On March 8, we honoured International Women's Day by celebrating Women in Agriculture. A huge thank you to the incredible women who shared their stories and experiences as women in a traditionally male-dominated sector! Your stories are truly inspirational.
A thank you also goes out to our event partners, the St. Thomas and District Chamber of Commerce. Thank you for your support! Watch the video clips below to learn more about the inspirational women who are blazing the trail for female farmers in Elgin County.
Business Feature
Women in Agriculture
Kris Pettit of Mistyglen Creamery is a true trailblazer who is passionate about exploring the ways business, agriculture, and community can intersect and enrich people's lives.
Victoria Spencer of Bluegroves Farms jumped into organic blueberry farming in Elgin County with both feet, and has quickly made the farm a destination for high-quality berries, pick-your-own, baked goods, and more!
Not only does Janis Harris of Harris Flower Farm & Pastured Pork bring beauty, cheer, and colour to Elgin County with her flowers every day, she's also helping to define the modern Woman in Agriculture.
Fran Dunseith of Caps Off Brewing Co. uses ingredients sourced from local farmers to brew an incredible lineup of craft beer in the City of St. Thomas.
Upcoming Networking Events
• April Business After 5 hosted by the St. Thomas & District Chamber of Commerce, April 19 - Details Have an event you'd like us to share? Please send details to economicdevelopment@elgin.ca
2023 Visitors Guide
The 2023 Elgin County Vistiors' Guide is hot off the press! If your business or office would like some copies to have on hand, please email tourism@elgin.ca. You can find the digital version of the guide HERE Let this incredible handbook be your guide to memory making and exploration in Elgin this year!
Festival and Event Tracker
Elgin County is home to many dynamic events and cultural festivals throughout the year. Visit our Events Calendar for a full event list. Have an event you'd like to share? Please send details to tourism@elgin.ca.
Elgin County Economic Development & Tourism | www.elgincounty.ca
April 11, 2023
Thomas Thayer, CAO Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville ON N0J 1Y0 Email: tthayer@bayham.on.ca Attention: Mr. Thayer
Dear Members of Council, Residents, and Ratepayers,
I am pleased to report that the Long Point Region Conservation Authority had a successful year in 2022. The Annual Report highlights the annual activities of the Authority for the year 2022.
The Authority issued 278 planning permits, consulted on 160 municipal applications, and participated in 56 pre-consultations. We completed four erosion control project designs and one clean water projected completed, established 2,290 acres of crop cover on landowners’ properties and planted 72,285 trees throughout the watershed,
Repairs were conducted repairs on the Deer Creek and Norwich Dams and the Flood Forecasting & Warning Program issued 13 flood messages through nine flood events in partnership with our municipal emergency management teams.
Attached you will find a copy of our 2022 Annual Report highlighting the programs, services, and accomplishments the Authority achieved in 2022. Financially, the Authority ended 2022 in a positive financial position. The 2022 LPRCA financial statements audited by MNP LLP of London are attached.
On behalf of the Long Point Region Conservation Authority Board of Directors, I would like to thank you for your continued support of the Authority.
Yours truly, Judy Maxwell, CPA, CGA General Manager/Secretary-Treasurer CC. Meagan Elliott, Deputy Clerk Attachment 1: 2022 Annual Report
Attachment 2: 2022 LPRCA financial statements Hard copy sent by mail
2022Annual Report
2
Contents3 Message from the Chair3 Message from the General Manager
4 In Memoriam5 The Authority5 Facts & Figures6 Protecting Life & Property6 Flood Forecasting
7 Planning & Regulations7 Norwich & Deer Creek Dam Repairs8 Enhancing Watershed Health8 Stewardship
9 Invasive Species Control10 Forest Management12 Connecting People to Nature12 Conservation Education Centre Revitalization
13 Conservation Areas & Land Holdings14 Children’s Fishing Derbies14 Leighton & Betty Brown Conservation Scholarship
15 Memorial Forest Dedication Service16 Long Point Region Conservation Stewardship Award17 2022 Financial Highlights
18 Fond Farewells18 2022 LPRCA Staff19 2022 Board of Directors19 Lee Brown Marsh Management Committee
19 Backus Museum Committee
Gage Tract
Cover image: Backus Children’s Fishing
Derby at Backus Heritage Conservation
Area.
3
Message from the Chair
As was the case with the past several years, 2022 was a year of adaptation and change for Long Point Region Conservation Authority. While the province makes amendments to the Conservation
Authorities Act and other guiding legislation, the Authority will continue to work with our member municipalities to navigate the new reality with a continued focus on delivering exceptional services
and experiences.
In looking back, I would like to thank the Authority staff for their continued commitment to excellence. As challenges
presented themselves, you rose to the occasion. The Authority’s ongoing success is thanks to your efforts.
Likewise, I would like to thank my fellow
members of the Board of Directors who have taken the time to represent their municipalities and serve all residents of the Long Point Region watershed.
Long Point Region Conservation Authority enters 2023 ready to continue expanding upon the 75 years of vital conservation work done by Authorities in the area since 1948. Similarly, the efforts we undertake
now will serve as the basis for countless future years of protecting the place we
call home.
John Scholten Chair, LPRCA Board of Directors
Message from the General Manager
2022 was a year of adjusting to the new post-pandemic world and changing regulatory environment overseeing Conservation Authorities. The Board and staff committed substantial time and
effort transitioning to this new world, with a focus on optimizing the outcomes for all stakeholders.
Over the last year, important repairs
were completed at the Deer Creek and Norwich dams. The watershed benefitted from 72,385 trees and 2,290 acres of cover crops planted, as well as the design of four erosion control projects and the
implementation of a clean water project. Forestry staff conducted invasive spray programs on 468 acres of our forest tracts and planning staff worked on over 600 files, processing 278 permits.
Two projects commenced at the Conservation Education Centre at Backus Heritage Conservation Area: the main entrance and washrooms were retrofitted
to be fully accessible and the classroom and gallery are being revitalized, updating a space that initially opened in 1991.
Overall, 2022 was an extremely successful
year and I would like to thank staff for their continued commitment and efforts supporting the Authority’s mandate and the Long Point Region watershed. The staff and I thank the Board of Directors for
their support in 2022 and look forward to continued collaboration in 2023.
Judy Maxwell General Manager, LPRCA
4
In Memoriam
Long Point Region Conservation Authority mourns the passing of two former members of the Authority’s Board of Directors.
Samuel “Sam” Ivan Lamb passed in February 2022. Sam represented the
Town of Tillsonburg on the Authority’s Board, serving from January 25, 1995 through November 30, 2010. During his time on the Board Sam participated in numerous committees and sub-
committees.
Leroy Bartlett passed in December 2022. Leroy represented Haldimand County and served on the Authority’s Board of Directors from January 2007 through November 2018.
Both Sam and Leroy were dedicated community members and valued directors during their times with the Authority. They will be missed.
Sam Lamb (left) and Leroy Bartlett (right) pose for a group photo of the Long Point Region Conservation Authority Board of Directors. November 2010.
Long Point Region Memorial Forest, Backus Heritage Conservation Area
5
The Authority
Long Point Region Conservation Authority (LPRCA) is one of 36
Conservation Authorities in Ontario. Our area of responsibility, the Long Point Region watershed, covers 2,782 square kilometres and is home to approximately 98,000 people. We’re empowered
through provincial legislation—primarily the Conservation Authorities Act—to manage the watershed’s natural resources in partnership with our
member municipalities and the Province of Ontario to protect people and
property from natural hazards such as flooding and erosion.
We have eight member municipalities: the Municipality of Bayham, the County of Brant, Haldimand County, the Township of Malahide, Norfolk County,
the Township of Norwich, the Township of South West Oxford and the Town of Tillsonburg.
Facts & Figures
Long Point Region Conservation Authority:
owns and manages 11,000+ acres of property;
regulates ~200km of Lake Erie shoreline and 3,700+ km of
streams and tributaries within the watershed;
has jurisdiction over the 6 major sub-watersheds that form the
Long Point Region watershed and drain into Lake Erie;
protects and preserves vital biodiversity in the watershed;
runs environmental and heritage education programs.
provides public greenspace for outdoor recreation;
processes 250+ development permit applications per year;
monitors flooding conditions 24/7/365; and
operates 5 campgrounds with 600+ total campsites;
6
Flood Forecasting
A key mandate for Conservation
Authorities across Ontario is monitoring for possible flooding conditions and alerting municipalities and the public accordingly. LPRCA’s flood forecasting and warning team work on rotation to
ensure that conditions are monitored 24/7/365. When flooding conditions present themselves, LPRCA issues notices to effected municipalities and the public.
In 2022, LPRCA issued 16 flood-related messages, including event updates and status terminations, to the public. The number of flood events prompting changes to the flood status indicator was up slightly from 2021.
The low water response team monitored groundwater levels but no advisories were issued in 2022.
New in 2022, LPRCA launched an email
subscription service, where those interested can sign up to receive flood notices issued by the Authority’s directly in their email inbox.
Back in May of 2019, high static water levels in Lake Erie led LPRCA to issue a Standing Flood Watch for the Lake Erie shoreline within the Authority’s jurisdiction. This Flood Watch was later adjusted to a standing Shoreline Condition Statement in October 2019. Though the severity of the standing statement fluctuated, it persisted for multiple years as water supplies in the Great Lakes were above average and the static water levels in Lake Erie set numerous records. It was not until November 2022, that Lake Erie’s water level declined to a level where the standing shoreline statement was terminated.
Protecting Life &
Property
2022 2021
Conditions Statements 6 6
Flood Watches 4 2
Flood Warnings 3 3
Vienna, February 2022.
7
Planning & Regulations
Empowered by the Planning Act, the
Conservation Authorities Act and
Ontario Regulation 178/06, Conservation Authorities such as LPRCA are responsible for regulating development in floodplains and hazardous areas in
order to prevent the loss of life and property due to hazards such as flooding and erosion. To do so, staff work with local municipalities to review and provide technical advice on Planning Act
applications and permission from LPRCA is required for development activities within hazardous areas in the Long Point Region watershed.
Continuously pursuing organizational excellence, LPRCA’s new permit application approval process substantially reduced application
turnaround times in 2022. The average turnaround time was 4.2 days for minor applications and 4.9 days for major applications, compared to 10.7 days for minor applications and 21.3 days for
major applications in 2021. Planning and Regulations staff reviewed and approved 278 permits for development under Section 28 of the Conservation Authorities Act in 2022.
2022 2021
Permit Applications Reviewed 278 272
Municipal Applications Reviewed 160 165
Pre-consultation Meetings 56 49
Norwich & Deer Creek Dam Repairs
The Norwich Dam, originally constructed
in the late 1960s, underwent a Dam Safety Review by D.M. Willis Associates Limited in 2020. In 2022, repairs were made to the upstream west embankment, including a rip rap
revetment to address severe erosion occurring to that bank.
The Deer Creek Dam was originally constructed in 1969 by Big Creek Region Conservation Authority for the purposes of water storage and recreation. In 2014,
Riggs Engineering was hired to perform a close-up visual inspection of the Deer Creek dam. Recommendations relating to its structural condition, operational capability and public safety were given.
In 2022, extensive repairs were made to the deteriorated concrete along the wing walls, sheet pile forms were installed along the existing wing walls and washed river rock was used to stabilize the wing
walls.
Deer Creek Dam, August 2022.
8
Enhancing
Watershed
Health
Stewardship
Long Point Region Conservation Authority protects, preserves and enhances the Long Point Region
watershed though a wide variety of land stewardship programs. From tree planting to cover crop incentives, LPRCA works closely with watershed landowners to encourage and facilitate
forward-thinking land use that benefits both the landowner and the watershed as a whole.
In 2022, LPRCA planted 72,385 trees across the Authority’s various planting programs: the Forest Ontario funded 50 Million Tree Program, Ontario Power
LPRCA staff planting seedlings.
Before/after the installation of a Water and Sediment Control Basin (WASCoB) erosion control project.
Before
An afforestation (tree planting) project site.
9
Generation’s Forest Corridor Program, the Private Land Tree Planting Program and the municipal Trees for Roads Program.
Continuing the success of an incentive program originally launched in 2020, LPRCA was able to use Environment and Climate Change Canada’s Integrated
Conservation Action Planning Program funding to partner with agricultural landowners throughout the watershed and establish 2,290 acres of cover crops. Cover crops, particularly when planted
in diverse varieties, help build soil structure, provide erosion control and can build yield potential for agricultural land.
To further combat erosion, LPRCA staff also designed and implemented erosion control projects, like water and sediment
control basins, for four landowners in 2022. A Clean Water Project supported by a municipally-funded clean water program was also completed.
Invasive Species Control
In 2022, Ontario Power Generation’s Regional Biodiversity Program supplied $50,000 in funding to support invasive species control in the Long Point Region watershed. This funding facilitated the
assessment of 1,093 acres and treatment of 355 acres of wetland. Invasive species such as Phragmites Australis, Common Buckthorn, European Black Alder and others were targeted in the treatment
process.
Phragmites Australis control efforts at Dereham Wetlands Conservation Area
After
Cover crops on agricultural land.
10
Forest Management
Long Point Region Conservation Authority has over 10,000 acres of forest holdings that are managed to enhance the biodiversity and health of the watershed
and provide critical green space. LPRCA is committed to sustainable forest management practices and recognizes social, economic and ecological values as important components of all forestry
activities. In line with the Authority’s Forest Management Plan 2020-2039, LPRCA marked, tendered and facilitated the harvest of 215 acres of forested property in 2022.
LPRCA joined Norfolk County, the Long Point Basin Land Trust and the St.
Williams Conservation Reserve Community Council in 2020 to form the Forest & Treed Swamps Working Group, working together to secure funding from Environment and Climate Change Canada for Management
and Improvement of Upland Habitat in Ontario’s Priority Place Long Point Walsingham Forest. In 2021, LPRCA forestry
staff surveyed 548 acres across 18 forest tracts. In 2022, 14 of the surveyed tracts (a total of 468 acres) were treated for invasive species, limiting their spread
throughout the watershed and restoring native vegetation. The remaining four properties will be treated in the spring of 2023, with further funding facilitating the identification of additional properties
requiring treatment and re-treatment of original locations to ensure the invasive species are under control.
Knowledge sharing as leaders in sustainable forest management, LPRCA’s forestry staff hosted a Forest Stewardship Council® (FSC®) working group tour in September 2022. Attendees got to
visit several LPRCA-owned properties throughout the watershed to see in-progress research projects (partnerships with Bird Studies Canada and McMaster University), an active timber harvest and
ongoing cucumber tree protection and management.
FSC® working group tour, September 2022.
11
Water Quality Monitoring
Water quality can tell us a lot about the environmental health of a region and long-term consistent analysis of water quality is a great way to monitor,
recognize and understand the changes that happen to the spaces around us. Long Point Region Conservation Authority participates in several water quality monitoring programs to collect,
share and benefit from the valuable data that is collected.
In partnership with Ontario’s Ministry of the Environment, Conservation and Parks (MECP), LPRCA collects water samples for the Provincial Surface Water Quality Monitoring Network (PWQMN).
Staff collect samples at 10 sites throughout the watershed, eight times per year to send to MECP’s lab.
The Provincial Ground Water Monitoring Network (PGMN) is also in partnership with MECP. For this program, LPRCA continuously monitors ground water levels at 11 locations in the watershed,
testing the water quality once a year. This data is used for the Low Water Response program, when groundwater levels drop below specific thresholds.
To complement the data from the Water Monitoring Networks, LPRCA also performs benthic invertebrate
sampling at 12 locations throughout the watershed and monitors stream temperatures on 17 watercourses. Benthic sampling and temperature monitoring are key ways to keep an eye
on ecosystem health.
Water sampling for the PWQMN.
12
Conservation Education Centre Revitalization
A year of work has brought the Education Centre Revitalization project
much closer to completion. Project
milestones in 2022 include:
• Updating the multi-purpose
classroom space with new lighting fixtures, flooring, tables, chairs and a fresh coat of paint;
• Replacing the flooring in the lower section of the gallery; and
• Reworking the front entrance to be barrier-free and accessible with a new exterior entrance ramp, new entrance doors and a fully accessible washroom.
Next steps for the project are updating
the educational display content throughout the Centre to better showcase the story of conservation throughout the Long Point Region watershed. We can’t wait to welcome
everyone back to the newly revitalized Education Centre in 2023!
Connecting People to
Nature
Backhouse Grist Mill, Backus Heritage
Conservation Area.
The Education Centre’s updated
classroom space.
13
Conservation Areas & Land Holdings
2022 brought a substantial increase in
seasonal camping, with 441 seasonal sites booked across LPRCA’s five campgrounds, compared to 398 in 2021. Nightly camping was also active, with 2,368 reservations made through the
online booking system and an additional 444 reservations placed through others means.
Another 2022 success worth celebrating was the return of on-site education programs at Backus Heritage Conservation Area in the fall. Over 1,000 students visited Backus as 44 classes
from schools within the watershed were welcomed for fun hands-on outdoor and heritage education.
A range of upgrades were completed across the campgrounds and conservation areas throughout the year. Highlights include:
• Creation of a non-electrical small trailer/tent section at Waterford North Conservation Area, with 12 new
sites;
• Replacement of the Backhouse
Historic Site’s Community Hall roof;
• Septic system repairs and the renovation of the North-
side washroom at Haldimand Conservation Area; and
• Enhancement of the water filling and dumping station at Backus Heritage Conservation Area.
Backus Heritage Conservation Area.
Deer Creek Conservation Area.
Deer Creek Conservation Area.
14
Leighton & Betty Brown Conservation Scholarship
The Lee Brown Marsh Management Committee presented watershed high school graduates Fred Wernaart and Ali
Flinsenberg with $1,000 Leighton & Betty
Brown Conservation Scholarships in August 2022. Fred and Ali were selected as recipients due to their keen interest in and contributions to conservation and
environmental sustainability in the Long
Point Region. The scholarships support the young conservationists in their pursuit of post-secondary environmental education.
Children’s Fishing Derbies
Popular community events, LPRCA’s Backus and Deer Creek children’s fishing derbies were greatly missed when they
could not be held in 2020 and 2021. Thankfully, conditions permitted them to return from hiatus to great success in 2022. The Backus Children’s Fishing Derby was held on July 9 with 137 children fishing
from the shore of the mill pond. The 25th Annual Deer Creek Children’s Fishing Derby had 133 youth reeling in both fish and prizes on August 13.
Fred Wernaart shakes the hand of Lee Brown Marsh Management Committee Chair Tom Haskett. (Ali was unable to attend.)
15
Memorial Forest Dedication
Service
After two years of recorded services
released as videos due to the inability to hold in-person events, 2022 saw a crowd return to the forest at the entrance of Backus Heritage Conservation Area for the annual Memorial Forest Dedication
Service in September. Over 135 people attended the 2022 service and were moved by Pastor Ted Smith’s heartfelt words and Brenda Atkinson’s beautiful music.
For more than 30 years the Long Point Region Memorial Forest has been a comforting place for family and friends
to reflect on fond memories of those who have passed. The trees planted there serve as a living and growing memorial that persists for generations. Donating towards planting trees in
the Memorial Forest is a unique way to celebrate the life of a loved one with a symbol of strength, shelter and durability.
Thank you to everyone who makes the Memorial Forest possible.
Pastor Ted Smith at the 2022
Memorial Forest Dedication Service.
16
Long Point Region Conservation Stewardship Award
Long Point Region Conservation
Authority is proud to present the annual Long Point Region Conservation Stewardship Award to Mary Gartshore.
Mary was nominated for and selected as the recipient of the Stewardship Award because of her lifelong passion for conservation and environmental stewardship. A member of numerous
local environmental organizations, such as the Norfolk Field Naturalists, the Long Point Bird Observatory and the Long
Point Basin Land Trust, Mary is active and engaged in her community. In 1995 and 1996, she was a provincial appointee on LPRCA’s Board of Directors.
Mary has played a role in the restoration of hundreds of hectares of marginal agricultural lands using local native seeds and plants; protecting, preserving
and enhancing the biodiversity of the Long Point Region watershed. Her nominators also emphasized how frequently Mary goes above and beyond to mentor other conservationists.
A true champion of the environment, Mary is well deserving of the Long Point
Region Conservation Stewardship Award.
Backus Heritage Conservation Area
17
2022 Financial Highlights
2022 Revenue
Municipal Levy – Operating $1,724,259 30%
Municipal Levy – Capital $381,700 6%
Provincial Funding $35,229 1%
User Fees $3,135,241 54%
Forestry $512,506 9%
Gain on Sale of Assets $13,339 0%
Total $5,802,274 100%
2022 Expenditures
Planning & Watershed Services $770,456 17%
Backus Heritage Conservation Area $191,304 4%
Maintenance Operations Services $723,313 16%
Forestry Services $408,206 9%
Conservation Parks $1,308,732 28%
Corporate Services $1,199,132 26%
Total $4,601,143 100%
Share of 2022 Operating Levy
Haldimand County $24,5330 14%
Norfolk County $901,067 52%
Oxford County $368,308 21%
Brant County $119,089 7%
Municipality of Bayham $77,927 5%
Township of Malahide $12,538 1%
Total $1,724,259 100%
Use of 2022 Operating Levy
Corporate Services $622,056 36%
Planning & Watershed Services $493,252 29%
Backus Heritage Site $94,968 5%
Maintenance Operations Services $513,983 30%
Total $1,724,259 100%
18
2022 LPRCA Staff
Judy Maxwell Aaron LeDuc Ben Hodi Leigh-Anne Mauthe Lorrie Minshall
General Manager/Secretary-Treasurer Manager of Corporate Services Manager of Watershed Services Interim Manager of Watershed Services Project Manager, Watershed Services
As well as our many seasonal staff and summer students.
Brady Baker Helen Bartens Kim Brown Jeff Calliauw Alex Cassidy Zachary Cox Bob Dewdney Paul Gagnon Brandon Good Isabel Johnson Amanda Kaye Aisling Laverty Matthew Marchioni
Development Technician Curator Marsh Manager Carpenter Lands & Waters Technician Marketing Coordinator Marsh Operations Labourer Lands & Waters Supervisor Superintendent of Conservation Areas Resource Planner Accounting Clerk Resource Planner Outdoor Educator
Dana McLachlan Barry Norman David Proracki Chris Reinhart Darell Rohrer Frank Schram Jeffery Smithson Andrew Spearin Nicole Sullivan Debbie Thain Sarah Willson
Executive Assistant Workshop Operations Labourer Water Resources Analyst Forestry Technician Workshop Operations Labourer Workshop Supervisor Workshop Operations Labourer Heritage Programmer HR Associate/Receptionist Supervisor of Forestry Project Support
Fond Farewells
Two long-term members of the LPRCA
team retired in 2022. Ginny VanLouwe retired from her Accounting Clerk role in June, after more than 35 years with the Authority. Bonnie Bravener retired from her position as Resource Technician
in September, after 31 years with the
Authority. Staff gathered in June and September respectively to thank Ginny and Bonnie and say our bittersweet goodbyes; they shall be missed, but we wish them both the best in the exciting
new chapters they have begun.
19
2022 Board of Directors
Township of Norwich
Norfolk County
Town of Tillsonburg County of Brant Norfolk County Haldimand County Norfolk County Haldimand County Norfolk County Township of South West Oxford Municipality of Bayham & Township of Malahide
Chair John Scholten
Vice Chair Michael Columbus
Directors Dave Beres Robert Chambers Kristal Chopp Ken Hewitt Tom Masschaele Stewart Patterson Ian Rabbitts Peter Ypma Valerie Donnell
Backus Museum Committee
Betty Chanyi, Chair Dave Beres Michael Columbus Dene Elligson Tom Masschaele John Scholten Heather Smith Julie Stone Madaline Wilson
Lee Brown Marsh Management Committee
Tom Haskett, Chair Larry Chanda Michael Columbus Lou Kociuk John Scholten
Lee Brown Waterfowl Management Area.
4 Elm Street, Tillsonburg, ON N4G 0C4
519-842-4242 | 1-888-231-5408 conservation@lprca.on.cawww.lprca.on.ca
@lpr_ca
@LongPointConservation
@longpointca
Member of the
Conservation Ontario Network
Thank you to our municipal partners
Municipality of Bayham / County of Brant / Haldimand County Township of Malahide / Norfolk County / Township of Norwich Township of South West Oxford / Town of Tillsonburg
234-2023-1754
April 6, 2023
Good afternoon,
Today, our government announced further action to tackle the housing supply crisis and reach our goal of 1.5 million homes by 2031. The Helping
Homebuyers, Protecting Tenants Act is the latest in a series of steps our government is taking to increase housing supply and help more Ontarians find a home they can actually afford.
Despite external economic challenges that are slowing down new home construction, including inflation and soaring interest rates, Ontario’s plan to build more homes faster is working – with the highest number of housing starts in more than 30 years in 2021 and 2022, and the highest number of rental housing starts on record last year.
Details about the range of measures in our plan can be found in the news release here.
As part of the plan, our government is introducing a new province-wide planning policy document that would provide municipalities with more flexibility, reduce duplication, create more homes in urban and rural communities, support local economies and create
jobs while continuing to protect the environment (including existing Greenbelt protections), and public safety. It would also require coordination between municipalities and school boards to consider school and childcare needs earlier in the planning process, so that families moving to new housing can expect that local schools will be available for their children.
Ontario is undertaking a 60-day consultation on the proposed new Provincial Planning Statement until June 6, 2023 https://ero.ontario.ca/notice/019-6813.
In addition, the plan contains numerous actions to further tackle Ontario’s housing crisis, including:
• A $6.5 million investment to appoint an additional 40 adjudicators and hire five staff to improve service standards and continue to reduce active applications and decision timeframes at the Landlord and Tenant Board. This increase more than doubles of the number of full-time adjudicators at the Landlord Tenant Board.
…/2
Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000
-2-
• Proposed changes to make life easier for renters, with changes that would, if passed, clarify and enhance tenants’ rights to install air conditioners. We are proposing to further strengthen protections against evictions due to renovations,
demolitions and conversions, as well as those for landlord’s own use.
• Proposed changes to the Planning Act, City of Toronto Act, and Ministry of
Municipal Affairs and Housing Act to support the proposed new Provincial Planning Statement as well as other housing supply priorities.
• Doing more to protect first-time home buyers and their savings by expanding deposit insurance for First Home Savings Accounts held at Ontario credit unions.
• We are exploring a cooling-off/cancellation period on purchases of new freehold
homes, and a requirement that purchasers of all new homes receive legal advice
on their purchase agreements when they make one of the biggest purchases of their lives – a new home.
These and other related consultations can be found through the Environmental Registry of Ontario and the Ontario Regulatory Registry.
Our plan was informed by AMO’s 2022 A Blueprint for Action and ROMA’s 2022
Task Force Report on Attainable Housing and Purpose-Built Rentals. These changes build on our continued work to provide a solid foundation to address Ontario’s housing supply crisis over the long term and will be supplemented by continued action in the future.
The housing supply action plan is the latest in a series of steps our government
is taking to increase housing supply and help more Ontarians find a home they can afford. We look forward to continued collaboration with our municipal partners to create the homes that Ontarians need today, tomorrow and in the decades to come.
Sincerely,
Steve Clark Minister
c. Chief Administrative Officer
546 Niagara Street, P.O Box 250 | Wyoming ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com
The Honourable Doug Ford Premier of Ontario premier@ontario.ca
DELIVERED VIA EMAIL
March 31st 2023
Re: Bill 5 – Stopping Harassment and Abuse by Local Leaders Act
Dear Premier Ford,
Please be advised that at the Regular Council Meeting on March 29th 2023, the Town of Plympton-
Wyoming Council passed the following motion, supporting the resolution from the Council of the Municipality of Chatham-Kent regarding Bill 5 – Stopping Harassment and Abuse by Local Leaders
Act.
Motion 13
Moved by Councillor Mike Vasey
Seconded by Councillor John van Klaveren
That Council support item ‘M’ of correspondence from the Municipality of Chatham-Kent regarding Bill 5 – Stopping Harassment and Abuse by Local Leaders Act.
Carried.
If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at dgiles@plympton-wyoming.ca.
Sincerely,
Denny Giles
Deputy Clerk
Town of Plympton-Wyoming
cc: The Honourable Steve Clark – Minister of Municipal Affairs & Housing
Stephen Blais – MPP, Orléans; Member, Standing Committee on Justice Policy
Bob Bailey – MPP, Sarnia-Lambton Association of Municipalities of Ontario All Ontario Municipalities
546 Niagara Street, P.O Box 250 | Wyoming ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com
Judy Smith Director Municipal Governance/Clerk Municipality of Chatham-Kent
ckclerk@chatham-kent.ca
DELIVERED VIA EMAIL
March 31st 2023
Re: Reducing Municipal Insurance Costs
Dear Ms. Smith,
Please be advised that at the Regular Council Meeting on March 29th 2023, the Town of Plympton-Wyoming Council passed the following motion, supporting the resolution from the Council of the Municipality of Chatham-Kent regarding Reducing Municipal Insurance Costs.
Motion 12
Moved by Councillor Mike Vasey
Seconded by Deputy Mayor Netty McEwen
That Council support item ‘L’ of correspondence from the Municipality of Chatham-Kent regarding Reducing Municipal Insurance Costs.
Carried.
If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at dgiles@plympton-wyoming.ca.
Sincerely,
Denny Giles
Deputy Clerk
Town of Plympton-Wyoming
cc: Association of Municipalities of Ontario
All Ontario Municipalities
546 Niagara Street, P.O Box 250 | Wyoming ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com
The Honourable Steve Clark The Honourable Peter Bethlenfalvy Minister of Municipal Affairs & Housing Minister of Finance minister.mah@ontario.ca minister.fin@ontario.ca
DELIVERED VIA EMAIL
March 31st 2023
Re: Municipalities Retaining Surplus Proceeds from Tax Sales
Dear Premier Ford,
Please be advised that at the Regular Council Meeting on March 29th 2023, the Town of Plympton-
Wyoming Council passed the following motion, supporting the resolution from the Council of the Town of Essex regarding Municipalities Retaining Surplus Proceeds from Tax Sales.
Motion 14
Moved by Councillor Mike Vasey
Seconded by Councillor Bob Woolvett
That Council support item ‘N’ of correspondence from the Town of Essex regarding Municipalities
Retaining Surplus Proceeds from Tax Sales.
Carried.
If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at dgiles@plympton-wyoming.ca.
Sincerely,
Denny Giles Deputy Clerk
Town of Plympton-Wyoming
cc: Bob Bailey – MPP, Sarnia-Lambton Association of Municipalities of Ontario
All Ontario Municipalities
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: April 20, 2023
REPORT: CAO-26/23 SUBJECT: EDUCATION DEVELOPMENT CHARGES
BACKGROUND
Education Development Charges (EDCs) are a revenue source for eligible school boards that
need to purchase land for new schools in order to accommodate students resulting from new
residential development. Ontario Regulation (O. Reg) 20/98, under the Education Act, RSO
1990, cE2, as amended, provides detailed requirements for a school board’s eligibility to impose
EDCs and the process for determining EDC rates. School boards that collect EDCs may acquire
sites in accordance with a timeline included in their EDC background study and in advance of
business case approvals for the construction of these new schools.
DISCUSSION The Thames Valley District School Board (TVDSB) received a Report on Education Development Charges at the March 28, 2023 meeting with the recommendation to initiate the process to consider the passage of education development charge by-laws across the TVDSB’s jurisdiction in Middlesex, Elgin and St. Thomas, Oxford, and London, including public
consultation. EDCs may be collected from residential development or a combination of residential and non-residential development with some restrictions and exceptions, and are meant to support accommodations for students in the area to which an EDC by-law may apply. EDCs can be used for the following: 1. Costs related to land acquisition, including interests in land or leasehold interest 2. Costs to service the land or prepare the site 3. Costs relating to preparation and distribution of background studies 4. Interest on money borrowed to pay for costs in Items 1 and 2, above 5. Costs to undertake studies in connection with an acquisition referred to in Item 1, above
Their Report is attached hereto for information purposes. The TVDSB does not currently have EDCs and requires that one of the following two (2)
conditions be met to be able to implement:
The estimated average number of elementary school pupils of the board over the five years immediately following the day the board intends to have the by-law come into force exceeds the total capacity of the board to accommodate elementary school pupils throughout its jurisdiction on the day the by-law is passed; and/or
The estimated average number of secondary school pupils of the board over the five years immediately following the day the board intends to have the by-law come into force exceeds the total capacity of the board to accommodate secondary school pupils
throughout its jurisdiction on the day the by-law is passed. They expect to be able to satisfy Condition 1 re elementary school pupils.
Any further process will require a background study. In speaking with the author of the Report, attached, they have advised that public consultations with municipalities and stakeholders will be a part of the process, should they proceed far enough along. With respect to impacts, there is a chance that the bulk of the applicable land acquisitions and servicing, if required, will be focused on areas more population-dense than Bayham, specifically Central Elgin and St. Thomas. In essence, if this were to be the case, the outcome would be similar to that of the proposed upper-tier development charges considered by Elgin County Council in 2021, where EDCs would be leveraged from Bayham development as described to fund School Board expansion in other areas. More information will be forthcoming as it becomes available, as well as through public and municipal consultation prior to any by-law consideration.
ATTACHMENTS
1. TVDSB Report, March 28, 2023 re Education Development Charges. RECOMMENDATION 1. THAT Report CAO-26/23 re Education Development Charges be received for
information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC CAO|Clerk
We build each student’s tomorrow, every day
Date of Meeting: 28 MARCH 2023
Item #: 12.b
REPORT TO:
☐ Administrative Council ☐ Program and School Services Advisory Committee
☐ Policy Working Committee ☐ Planning and Priorities Advisory Committee
☒ Board ☐ Other:
For Board Meetings: ☒ PUBLIC ☐ IN-CAMERA
TITLE OF REPORT: Education Development Charges
PRESENTER(S):
(list ONLY those attending
the meeting)
Linda Nicholls, Acting Associate Director Geoff Vogt, Superintendent of Facility Services and Capital Planning Ben Puzanov, Manager of Planning
REPORT AUTHOR(S): Ben Puzanov, Manager of Planning Cassandra Harms, Junior Planner
PRESENTED FOR: ☒ Approval ☐ Input/Advice ☐ Information
Recommendation(s):
(only required when
presented for approval)
THAT Administration initiate the process to consider the passage of education development charge by-laws across the TVDSB’s jurisdiction in Middlesex, Elgin and St. Thomas, Oxford, and London, including public consultation.
Purpose: To provide an overview of education development charges and consider their implementation across TVDSB’s jurisdiction. Content: BACKGROUND
In accordance with the Education Act, school boards are responsible for providing pupil accommodation for students. Planning for the construction of new capital is an integral part of a school board’s ability to provide adequate pupil accommodation, especially as residential growth continues to occur at a
rapid pace throughout the district.
Education Development Charges (EDCs) are a revenue source for eligible school boards that need to purchase land for new schools in order to
accommodate students resulting from new residential development. Ontario Regulation 20/98 provides detailed requirements for a school board’s eligibility to impose EDCs and the process for determining EDC rates. School
boards that collect EDCs may acquire sites in accordance with a timeline included in their EDC background study and in advance of business case approvals for the construction of these new schools.
EDCs may be collected from residential development (or a combination of residential and non-residential development), with some restrictions and exceptions, and are to be used to support costs related to providing accommodation for students in the area to which the by-law applies. This would generally include the following:
1. Costs to acquire land or an interest in land, including a leasehold interest, to be used by the board to provide pupil accommodation; 2. Costs to provide services to the land or otherwise prepare the site so that a building or buildings may be built on the land to provide pupil accommodation; 3. Costs to prepare and distribute education development charge
background studies;
We build each student’s tomorrow, every day
4. Interest on money borrowed to pay for costs noted in items 1 and 2 above; and
5. Costs to undertake studies in connection with an acquisition referred to in item 1 above.
TVDSB does not currently collect EDCs. In addition to Ministry approvals
related to projected enrolment and required school sites, at least one of the following conditions must be met for TVDSB to pass initial EDC by-laws:
1. The estimated average number of elementary school pupils of the
board over the five years immediately following the day the board intends to have the by-law come into force exceeds the total capacity of the board to accommodate elementary school pupils throughout its jurisdiction on the day the by-law is passed; and/or 2. The estimated average number of secondary school pupils of the board over the five years immediately following the day the board intends to have the by-law come into force exceeds the total capacity of the board to accommodate secondary school pupils throughout its jurisdiction on the day the by-law is passed;
Based on conservative estimates, Administration projects that condition 1 above will be met as a minimum in the coming years and it would be prudent for the Board to consider the passage of EDC by-laws across the district.
For the purposes of Ontario Regulation 20/98, TVDSB is organized into four regions: County of Middlesex, County of Elgin and the City of St. Thomas,
County of Oxford, and the City of London. The qualification criteria outlined above apply to the entire jurisdiction of TVDSB and are not region-specific. The Board may pass an EDC by-law for each of these regions if it deems it
appropriate to do so and funds collected in each would only be used for sites within the respective region. If an EDC by-law is passed, charges are collected by the respective municipalities in each region at the time of
building permit issuance and are subsequently remitted to the school board.
The passage of an EDC by-law by a school board authorizes the imposition and collection of EDCs. Each EDC by-law has a maximum term of 5 years but may be renewed sooner. The calculation of the charge is based on projected enrolment resulting from new development over a fifteen-year period.
To pass an EDC by-law, a school board must first complete a background study. This study provides information on the methodology used by the school board in determining the calculation of the charge, as well as the assumptions and logic employed in determining development projections, enrolment projections, site requirements, and estimated education land costs.
The calculation of the charge is based on estimates of the anticipated volume, type, and location of development, the number of projected new
pupils, as well as an estimated cost of land needed for education purposes.
We build each student’s tomorrow, every day
Benefits of EDC By-laws
Over the last couple of years, TVDSB has experienced significant challenges in securing land in a timely manner in order to support the construction of new schools that have been approved through the Ministry of Education’s
Capital Priorities Program. This is largely due to the rapid pace of development activity across our district. Both the TVDSB and our municipal partners would benefit from the implementation of EDCs through the
increased expediency with which TVDSB could provide adequate pupil accommodation.
TVDSB currently relies on the Ministry’s Land Priorities Program to fund the acquisition and site preparation of land for new schools. EDCs would provide an alternative source of revenue for the board, thereby improving the ability to address accommodation pressures in a more timely manner and strengthen our business case submissions to the Ministry as growth-related school site acquisitions would no longer be funded by the Province. The TVDSB faces persistent accommodation pressure across the district as a direct result of new residential development and access to EDCs would be beneficial in responding to this growth in a timely manner. It is important to note that as with the Land Priorities Program, Ministry approval to secure properties needed for student accommodation would still be required if EDCs
are collected in one or more of our regions. Challenges with EDCs
EDCs vary across school boards based on the future site acquisition requirements of each district. The background study will identify the total
amount of EDCs that TVDSB will need to collect for future land acquisitions and site preparations. The Province has imposed a cap on initial EDCs and the rate at which they can increase each year. Any deficits in EDC accounts are generally funded by debt until such a time that sufficient monies are collected from new development to cover site acquisition and preparation costs. Debt service charges are EDC-eligible to ensure boards are able to
recover costs over time. Financial Implications: The costs to prepare an EDC background study would be apportioned by
region and are EDC-eligible. If the background study work is completed but the by-law(s) is not passed, costs incurred in this regard would be the responsibility of TVDSB as there is no other funding mechanism to recover
these expenses.
Timeline: Administration proposes to complete this work as soon as possible and for Trustees to consider passage of EDC by-laws in the Spring or Fall of 2024.
Communications: An extensive public consultation program would be initiated as part of the preparation of a development charges background study, including
discussions with municipal partners, the public, and the development and building community. Appendices: APPENDIX A - Presentation
Strategic Priority Area(s):
Relationships: ☐ Students, families and staff are welcomed, respected and valued as partners.
☐ Promote and build connections to foster mutually respectful communication among students, families, staff
We build each student’s tomorrow, every day
and the broader community.
☐ Create opportunities for collaboration and partnerships.
Equity and Diversity:
☐ Create opportunities for equitable access to programs and services for students.
☐ Students and all partners feel heard, valued and supported.
☐ Programs and services embrace the culture and diversity of students and all partners.
Achievement and Well-Being:
☐ More students demonstrate growth and achieve student learning outcomes with a specific focus on
numeracy and literacy.
☐ Staff will demonstrate excellence in instructional practices.
☐ Enhance the safety and well-being of students and staff.
Form Revised JUNE 2021
Education
Development Charges
March 28, 2023
Thames Valley District School Board
Thames Valley District School Board
Thames Valley District School Board
1.Background: Education Development Charges
•Due to the rapid residential growth occurring across the district,planning for new capital is critical
•Education Development Charges (EDCs)are a resource school boards can use,if eligible,to purchase
land for new schools
•This helps to ensure that land is more likely to be available for new schools as soon as they are
approved
•School boards that collect EDCs may acquire sites in accordance with a timeline included in their EDC
background study
Thames Valley District School Board
1. Background: Education Development Charges
•EDCs are primarily collected on residential development;however,they can be applied to a
combination of residential and non-residential development (with some exemptions and restrictions)
•Costs eligible for EDCs include the following:
Costs to acquire
land or an interest
in land, including a
leasehold interest,
to be used by the
board to provide
pupil
accommodation
Costs to provide
services to the
land or otherwise
prepare the site so
that a building or
buildings may be
built on the land
to provide pupil
accommodation
Costs to prepare
and distribute
education
development
charge
background
studies
Interest on money
borrowed to pay
for costs noted in
items 1 and 2
Costs to undertake
studies in
connection with
an acquisition
referred to in item
1
1 2 3 4 5
Thames Valley District School Board
1. Background: Education Development Charges
•To initiate an EDC Background Study and consider the passage of EDC by-laws,school boards must
meet one of the following conditions:
1.The estimated average number of elementary school pupils of the board over the five years
immediately following the day the board intends to have the by-law come into force exceeds the
total capacity of the board to accommodate elementary school pupils throughout its jurisdiction
on the day the by-law is passed
2.The estimated average number of secondary school pupils of the board over the five years
immediately following the day the board intends to have the by-law come into force exceeds the
total capacity of the board to accommodate secondary school pupils throughout its jurisdiction on
the day the by-law is passed
Thames Valley District School Board
1. Background: Education Development Charges
•For the purposes of EDCs,TVDSB is organized into four regions:
•County of Middlesex
•County of Elgin and the City of St.Thomas
•County of Oxford,and
•City of London
•EDCs are collected by the respective municipalities in each region and remitted to school board
•Each EDC by-law has a maximum term of five (5)years;however,it can be renewed sooner if
deemed necessary
•Calculation of the charge is based on the projected enrolment resulting from new development over
a fifteen (15)year period
•For an EDC by-law to be passed,a background study must first be completed
Thames Valley District School Board
2. Benefits of EDC By-laws
•As a high-growth district,it is difficult to secure land in a timely manner
to support construction for new schools
•EDCs will help with addressing accommodation pressures in a more
timely manner,which benefits our students and communities
•No longer relying on Provincial funding for the acquisition of new school
sites
•Land availability strengthens business case submissions
Thames Valley District School Board
3. Challenges with EDCs
•Provincial government has imposed a cap on initial EDC value
•There is also cap on the rate at which EDCs can increase each year
•Any deficits in EDC accounts are generally funded by debt
•If there are insufficient funds in an EDC account to purchase a school
site (i.e.funds still need to be collected from new development to pay
for the purchase),the difference would have to be borrowed
•Debt-service charges can be recouped through future EDCs to ensure all
costs are recovered over time
Thames Valley District School Board
4. Recommendation
THAT Administration initiate the process to consider
the passage of education development charge by-laws
across the TVDSB’s jurisdiction in Middlesex,Elgin and
St.Thomas,Oxford,and London,including public
consultation.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z755-2023
FROESE, N & D
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 8 by changing the zoning symbol on the lands from Rural Commercial (RC) zone to a site-specific Rural Residential (RR-45) zone, which lands
are outlined in heavy solid lines and marked RR-45 on Schedule “A” Map No. 8 to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 7.13 Exception – Rural Residential (R1) Zone by adding the following clauses:
7.13.45.1 Defined Area
RR-45 as shown on Schedule “A” Map No. 8 to this By-law.
7.13.45.2 Minimum Rear Yard Setback
5.4 metres for the existing dwelling
7.13.45.3 Minimum Accessory Building Setback
1.9 metres for the existing accessory building (west side)
4) 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 Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 20TH DAY OF APRIL 2023.
READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF APRIL 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-031 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD APRIL 20, 2023 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 Council meeting held April 20, 2023 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 20th DAY OF APRIL 2023.
____________________________ _____________________________ MAYOR CLERK