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Home My WebLink AboutApril 20, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK PLANNING COORDINATORIDEPUTY CLERK MANAGER OF PUBLIC WORKS DRAINAGE SUPERINTENDENT PLANNING CONSULTANT, IBI GROUP CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DANFROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL STEVE ADAMS *via Zoom PAUL RILEY *via Zoom 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Dan Froese declared a pecuniary interest to item 12.2 B since the applicants are himself and his son. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS No announcements. 5. PRESENTATIONS 6. DELEGATIONS A. Straffordville Community Committee re Watermelon Fest Moved by: Councillor Emerson Seconded by: Councillor Chilcott Council Minutes April 20, 2023 THAT the delegation from the Straffordville Community Committee re Watermelon Fest be received for information. CARRIED 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held April 6, 2023 B. Statutory Planning Meeting held April 6, 2023 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the minutes of the Regular Council Meeting held April 6, 2023 be approved as amended; AND THAT the Statutory Planning Meeting held April 6, 2023 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM Two (2) members of the public spoke to item 12.2 C. 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 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. Council Minutes April 20, 2023 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 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A — D be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-21/23 by Thomas Thayer, CAOICIerk & Steve Adams, Manager of Public WorkslDrainage Superintendent re 1st Quarter Report Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-21/23 re 1st Quarter Report be received for information. CARRIED Councillor Froese left the table at 7:17 pm B. Report DS-23/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Rezoning Application ZBA-01/23 — Froese, N & D, 8375 Plank Road Moved by: Councillor Chilcott Seconded by: Councillor Emerson 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; Council Minutes April 20, 2023 AND THAT Zoning By-law No. Z755-2023 be presented to Council for enactment. o Councillor Froese returned to the table at 7:21 pm Council considered item 13.1.1 before considering the remainder of 12.2. The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:27 p.m. The Council Meeting resumed at 7:47 p.m. C. Report DS-24/23 by Margaret Underhill, Planning Coo rdinatorlDeputy Clerk re Official Plan Amendment OPA-02/23 OPA No. 31, Zoning Amendment ZBA-02/23 — Blayne and Kelsey Thompson, 10729 Plank Road Moved by: Councillor Emerson Seconded by: Councillor Chilcott 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; AND THAT Council considers the proposed amendment to be consistent with the Provincial Policy Statement 2020, and is in conformity to the Elgin County Official Plan and the Municipality of Bayham Official Plan; AND 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 for 1.06 hectares (2.6 acres) of land from "Estate Residential" to "Industrial" on Schedule Al: Municipality of Bayham Land Use and addition of site -specific policy Section 3.9.2.4 for mechanical services business office and warehouse use, subject to site -specific Zoning By-law Amendment and Site Plan Approval, in the Official Plan of the Municipality of Bayham, be presented for enactment; AND THAT Official Plan Amendment No. 31, as amended, be adopted and forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 31 receives County of Elgin approval and the details of OPA No. 31 are finalized. e Council Minutes April 20, 2023 D. Report DS-25/23 by Margaret Underhill, Planning Coo rdinatorlDeputy Clerk re Official Plan Amendment OPA-03/23, OPA No. 32, Zoning Amendment ZBA-03/23 — Arie and Christina Schep, 14077 Bayham Drive Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 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 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. DEFEATED Council Minutes April 20, 2023 Moved by: Councillor Emerson Seconded by: Councillor Froese 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 proposal to be small-scale in nature with a proposed use that is considered to be on -farm diversified use in nature and the amendment to be consistent with the Provincial Policy Statement 2020, and is in conformity to the Elgin County Official Plan and the Municipality of Bayham Official Plan; AND THAT By-law No. 2023-030, being an adopting By-law for Official Plan Amendment No. 32, for the purpose 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 the subject lands and operating out of an existing building and gravel yard specific to the subject lands, be presented for enactment; AND THAT adopted Official Plan Amendment No. 32 be forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 32 receives County of Elgin approval and the details of OPA No. 32 are finalized. CARRIED 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 Council Minutes April 20, 2023 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 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A — I be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham supports item 13.1.1 H. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-26/23 by Thomas Thayer, CAOICIerk re Education Development Charges Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CAO-26/23 re Education Development Charges be received for information. CARRIED 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 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT each By-law presented for approval be voted upon separately e Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-law No. Z755-2023 be read a first, second and third time and finally passed. CARRIED 7 Council Minutes April 20, 2023 B. By-law No. 2023-029 Being a by-law to Adopt Official Plan Amendment 31 — Thompson Moved by: Councillor Emerson Seconded by: Councillor Froese THAT By-law No. 2023-029 be read a first, second and third time and finally passed. CARRIED C. By-law No. 2023-030 Being a by-law to Adopt Official Plan Amendment 32 — Schep Moved by: Councillor Froese Seconded by: Councillor Emerson THAT By-law No. 2023-030 be read a first, second and third time and finally passed. CARRIED 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 Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Confirming By-law No. 2023-031 be read a first, second and third time and finally passed. 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:36 p.m. CARRIED 8 Council Minutes MAYOR April 20, 2023