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HomeMy WebLinkAboutOctober 05, 2023 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM Thursday, October 5, 2023 12.2 A Report DS-56/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E71-23, 10000381098 Ontario Inc. 9 & 11 Oak Street 12.2 B Report DS-57/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway, 10465 Plank Road 12.2 C Report DS-58/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment No. 34 More Home Built Faster Act, 2022 (Bill 23) 14. C By-law No. 2023-077 Being a by-law to adopt Official Plan Amendment No. 34 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: October 5, 2023 REPORT: DS-56/23 FILE NO. C-07 / D09.23 1000381098 ONT Roll # 3401-004-001-15700 SUBJECT: Consent Application E71-23, 1000381098 Ontario Inc. 9 & 11 Oak Street, Vienna BACKGROUND Consent application E71-23 was received from the Elgin County Land Division Committee, as submitted by 1000381098 Ontario Inc., proposing to sever 408.3 sq. m. (0.1 ac) parcel of land and retain 408.3 sq. m. (0.1 ac) of land with the intent to divide a semi-detached residential dwelling. The subject lands are designated “Residential” as per Schedule ‘C’ of the Municipality of Bayham Official Plan and zoned as Village Residential 1 (R1) as per Schedule ‘H’ – Vienna in the Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on October 25, 2023. DISCUSSION The semi-detached dwelling is constructed and serviced with municipal sewer and water. The Owner wishes to divide the semi-detached to create two separated dwelling units. The planner’s memorandum, dated September 28, 2023, analyzes the applications subject to the Municipality of Bayham Official Plan and Zoning By-law. In regards to specific conditions, staff are concerned with drainage and include in the recommended conditions the requirement for an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street. Staff and planner recommend Council’s support of the application E71-23 with the recommended conditions to permit the severance of a semi-detached dwelling on a residential lot in Vienna. Staff Report DS-57/23 1000381098 Ont 2 STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Consent Applications E71-23 2. IBI Memorandum dated September 28, 2023 RECOMMENDATION THAT Report DS-56/23 regarding Consent Application E71-23 submitted by 1000381098 Ontario Inc, be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E71-23 be granted subject to the following conditions and considerations: 1. That the Owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality 2. Cash-in-lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 3. Planning Report fee payable to the Municipality 4. Provide a digital copy of the registered plan of survey Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer 101-410 Albert Street Waterloo, ON, N2L 3V3 Memorandum To/Attention Municipality of Bayham Date September 28, 2023 From Christian Tsimenidis, BES Project No 3404 - 916 cc William Pol, MCIP, RPP Subject 1000381098 Ontario Inc. - 9 Oak Street & 11 Oak Street, Vienna- Application for Consent E71/23 1. We have completed our review of Consent Application E71/23 submitted by 1000381098 Ontario Inc. for lands located at 9 & 11 Oak Street, west side, north of Plank Road in the Village of Vienna. The applicant is requesting Consent to sever an approximate lands area of 408.3 square metres (0.1 acres) and to retain 408.3 square metres (0.1 acres) of land to create one additional residential lot. The subject lands are designated as a ‘Residential’ land use as per Schedule ‘C’ of the Municipality of Bayham Official Plan and are zoned Village Residential 1 (R1) on Schedule ‘H’ of Zoning By-law Z456-2003. 2. The subject lands currently contain a semi-detached residential building, with two residential dwellings of identical area and design. One residential dwelling unit, which comprises of half the existing semi-detached dwelling, is located on the proposed severed lands, while the other is located on the proposed retained lands. The proposed severance would have the effect of splitting the subject lands in half with one residential unit from the existing semi-detached dwelling in each half. Both the proposed severed and retained lands would have a lot frontage of 10.1 metres (33.1 feet) onto Oak Street and a depth of 40.6 metres (133.2 feet). The surrounding uses are residential in each direction. 3. Section 8.7.2.1 of the Municipality of Bayham Official Plan states that “A consent shall only be granted if the purpose for which the lands subject to the consent are to be used is in conformity with this Plan and the provisions of the Zoning By-law, and, when it is clear that a plan of subdivision need not be registered”. The proposed use of the severed lands is residential and therefore in conformity with the Official Plan. The proposed lot conforms to the minimum lot area and minimum frontage requirements of the Zoning By-law. A plan of subdivision will not be required for the proposed severance, as only one new lot is being created, access onto a public road is maintained, and no extension of municipal water or sewer services will be required. 4. The subject lands are located within the Village Residential (R1) zone as per the Bayham Zoning By-law Z456-2003. The existing semi-detached dwelling unit on the ARCADIS MEMORANDUM Municipality of Bayham – September 28, 2023 2 lands to be severed and retained is a listed permitted use for this zone. The configuration of the proposed lot is adequate to accommodate the existing semi- detached dwelling unit and would comply with the regulations of the R1 zone, including minimum lot area and frontage, minimum setbacks, etc. The other existing half of the semi-detached dwelling is also located in the R1 zone. The proposed retained lot would continue to comply with the minimum lot area and frontage requirements. No side yard setback is required from an internal lot line for a semi- detached dwelling. The proposed lots comply with the applicable provisions of the Zoning By-law. 5. Based on the above review of Consent Application E71/23, we have no objection to approval of the proposed consent subject to the following conditions: a) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland. b) That the owner provides a survey of the subject lands. c) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. d) That the owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: October 5, 2023 REPORT: DS-57/23 FILE NO. C-07 / D13.SHIP Roll # 3401-000-006-02400 SUBJECT: Rezoning Application ZBA-11/23 – Shaw, C and Shipway, D 10465 Plank Road, Eden BACKGROUND Charles Shaw and Debbie Shipway have submitted a rezoning application to rezone a property at 10465 Plank Road, west side, south of Maple Grove Line and North of Black Bridge Line, legally described as Concession North Gore W Pt Lot 20. 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)’ to permit new livestock uses, livestock-related buildings and structures, whereas Section 7.11.1 of Zoning By-law No. Z456-2003 does not permit such uses within the ‘Rural Residential (RR)’ zone. The effect of this By-law amendment will be to permit new livestock uses, livestock-related buildings and structures on the subject lands to the existing ‘Rural Residential (RR)’ zone. The public meeting was held on September 21, 2023 with no signed in attendees, no persons speaking to the application, and no written public submissions. DISCUSSION The planner’s memorandum, dated September 26, 2023, analyses the application and determines that more information is required. A planning opinion cannot be provided with respect to the Zoning By-law Amendment application’s conformity with the Official Plan (OP) as follows: - Policy 2.1.2.2(a) of the OP requires an evaluation of MDS II. The subject lands are directly adjacent to Rural Residential lots, so there may be conflict between the proposed livestock and existing residential uses. This would need to be determined by the MDS II Report/Analysis. Staff Report DS-57/23 Shaw Shipway 2 - Policy 2.1.2.3 of the OP pertaining to a Nutrient Management Strategy. We do not know if the proposed use will generate an excess of five (5) Nutrient Units (NUs). If this is confirmed by the applicant and it exceeds 5 NUs, then a Nutrient Management Strategy is required. If it is at 5 or below, then a Nutrient Management Strategy is not required. Staff and planner would recommend deferral of the application in order for the land owners to obtain and provide this information to the Municipality. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-11/23 Shaw Shipway 2. Arcadis Memorandum, dated September 26, 2023 RECOMMENDATION THAT Report DS-57/23 regarding the Charles Shaw and Debbie Shipway rezoning application ZBA-11/23 be received for information; AND THAT Council defers the requested Zoning By-law Amendment application for the following reasons: a) In order to address conformity with Official Plan Policy 2.1.2.2(a), the applicant shall provide an MDS II Report/Analysis prepared by a qualified professional. b) In order to address conformity with Official Plan Policy 2.1.2.3, the applicant shall confirm that the proposed buildings used for the housing of livestock or storage of manure and including the construction of an earthen manure storage facility does not exceed 5 nutrient units. Should the proposed use exceed 5 nutrient units, the applicant shall provide a Nutrient Management Strategy prepared by a qualified professional. c) That the applicant consult with the LPRCA to determine whether the proposed accessory structures fall within the regulation limits of the Conservation Authority and would require written permission and/or permit from the LPRCA. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer 101-410 Albert Street Waterloo, ON, N2L 3V3 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date September 26, 2023 From Christian Tsimenidis, BES Project No 3404 - 914 cc William Pol, MCIP, RPP Subject Charles Shaw and Debbie Shipway - Application for Zoning By-law Amendment ZBA 11/23, 10465 Plank Road Summary and Background 1. We have completed our review of the application for Zoning By-law Amendment submitted by Charles Shaw and Debbie Shipway for 10465 Plank Road, west side and south of Howey Line. The applicant is requesting an amendment to change the zoning regulations from Rural Residential (RR) Zone to a site-specific Rural Residential (RR-xx) Zone to permit livestock uses, livestock-related buildings and structures, whereas Section 7.11.1 of Zoning By-law Z456-2003 does not permit such uses within the ‘Rural Residential (RR)’ zone. 2. The lands are designated as ‘Agriculture’ on Schedule ‘A1’ - Land Use in the Municipality of Bayham Official Plan with a ‘Hazard Lands’ overlay as per Schedule ‘A2’ - Constraints of the Official Plan on majority of the subject lands. The lands are currently zoned Rural Residential (RR) on Schedule ‘A’ Map No. 6 in Zoning By-law No. Z456-2003. The subject lands are also within the Long Point Region Conservation Authority (LPRCA) Regulation Limits, as a result of the adjacent watercourse to the west. 3. The statutory Public Meeting was held on September 21st, 2023, and no written or oral public comments were received. Subject Lands and Surrounding Area 4. The subject lands have a lot area of 23,309.89 square metres (5.76 acres), lot frontage of 337.1 metres (1,105.9 feet), and a lot depth of 72.6 metres (238.3 feet). The lands comprise of a single-detached residential dwelling and accessory shed and detached garage. The surrounding uses include rural residential (not supported by agricultural operations) and agricultural uses in all directions, as well as a watercourse located west of the subject lands. ARCADIS MEMORANDUM Municipality of Bayham – September 26, 2023 2 Municipality of Bayham Official Plan 5. The Bayham Official Plan designates the subject lands as ‘Agriculture’, which permits livestock uses subject to Policy 2.1.2.2(a) of the Official Plan: “The keeping of livestock in a hobby farm context is permitted in connection with both farm and non-farm residential uses provided the complement of livestock facility complies with the regulations of the M.D.S. II. For the purposes of this policy, any animal or fowl that are referenced in the Minimum Distance Separation Formulae tables will be considered as livestock.” The proposed site-specific Zoning By-law Amendment to permit livestock uses, livestock-related buildings and structures on the subject lands would constitute as a hobby farm on a non-farm residential use. Notwithstanding above, the applicant did not provide a Minimum Distance Separation Formulae II analysis with respect to the proposed livestock uses, livestock-related buildings and structures on the subject lands. Given the proposed use is adjacent to existing residential uses, an MDS II analysis is needed to determine whether the Zoning By-law Amendment Application is in conformity with Official Plan Policy 2.1.2.2(a). 6. The Official Plan also provides direction with respect to Nutrient Management in Policy 2.1.2.3: “Prior to the issuance of a building permit, the establishment of a new or expanding livestock operation including buildings used for the housing of livestock or storage of manure and including the construction of an earthen manure storage facility, that are in excess of 5 nutrient units, shall prepare a nutrient management strategy and/or plan in accordance with the Nutrient Management Act and any regulations made pursuant to such Act, including Regulation 267/03.” It is understood the applicant is proposing to accommodate 30 chickens, and an undetermined combination of sheep, pig, and/or goats for a total of 12. At this time, we do not know if the proposed use will generate an excess of 5 nutrient units for the preparation of a Nutrient Management Strategy, as this is required to determine whether the Zoning By-law Amendment Application is in conformity with Official Plan Policy 2.1.2.3. 7. The Official Plan further designates part of the subject lands as being within the ‘Hazard Lands’ overlay, as a result of the watercourse to the west of the subject lands. Section 6.1.2 of the Official Plan prohibits the development of structures within this designation except where a permit or written clearance is obtained from the LPRCA. The applicant would be required to obtain a permit from the LPRCA as a result of the proposed use. ARCADIS MEMORANDUM Municipality of Bayham – September 26, 2023 3 Municipality of Bayham Zoning By-law 8. The subject lands are zoned Rural Residential (RR) in the municipality of Bayham Zoning By-law. The proposed site-specific Rural Residential (RR-xx) zone would permit the addition of two (2) new 10-foot by 10-foot sheds that would accommodate the proposed livestock use. The proposed accessory structures are proposed to be located at the rear of the subject lot, abutting the LPRCA regulation limits. The purpose of the site-specific amendment is to add a livestock use as a permitted use, whereas Section 7.1 of the Zoning By-law regarding permitted uses within the RR zone does not permit such a use. Furthermore, the establishment of a livestock-related use within the proposed and existing accessory structures is not permitted as per Section 7.11.1 of the Zoning By-law and the site-specific amendment is required to permit the addition of the two accessory structures for this purpose. The proposed Zoning By-law Amendment would conform to all other applicable regulations of the RR zone. Conclusion and Recommendations 9. Based on our review, we recommend Council defer the requested Zoning By-law Amendment Application for the following reasons: a) In order to address conformity with Official Plan Policy 2.1.2.2(a), the applicant shall provide an MDS II Report/Analysis prepared by a qualified professional. b) In order to address conformity with Official Plan Policy 2.1.2.3, the applicant shall confirm that the proposed buildings used for the housing of livestock or storage of manure and including the construction of an earthen manure storage facility does not exceed 5 nutrient units. Should the proposed use exceed 5 nutrient units, the applicant shall provide a Nutrient Management Strategy prepared by a qualified professional. c) That the applicant consult with the LPRCA to determine whether the proposed accessory structures fall within the regulation limits of the Conservation Authority and would require written permission and/or permit from the LPRCA. ARCADIS Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: October 5, 2023 REPORT: DS-58/23 FILE NO. C-07 / D07.OPA27 SUBJECT: Official Plan Amendment No. 34 – More Homes Built Faster Act, 2022 (Bill 23) By-law No. 2023-077 BACKGROUND: On May 4, 2023, Council received Staff Report CAO-31/23 to outline changes in Bill 23 and their foreseeable impacts to the Municipality with respect to planning and development finance and passed the following resolution, in part: Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CAO-31/23 re Bill 23, More Homes Built Faster Act, 2022 be received for information; AND THAT, to ensure compliance with Bill 23, the Municipality commence the necessary Official Plan Amendment and Zoning By-law Amendment to implement the recommendations contained in the IBI Memorandum, dated April 26, 2023; The recommendations from the IBI Memorandum were as follows: “Based on the above review of Bill 23 we recommend all of the changes presented in Section 2.0 above, the specific details of which will be consistent to the Planning Act or other applicable Acts. A Municipality-led Official Plan Amendment and changes to By-laws should be processed in the near future and we are available to prepare such OPA or By-law update in consultation with municipal Staff. Revision to the Parkland By-law, to include new exempt classes of development and replace Schedule “A” with a revised policy Section 8.18, can be implemented following the approval of an OPA and Staff shall be aware that should such type of dwelling unit be proposed in the interim, Parkland dedication should not be required. Revision to the Site Plan Control By-law do not appear to be dependent on an OPA, Staff Report DS-58/23 OPA 34 Page 2 therefore, revisions to the By-law can proceed at any point, however, it may be more efficient to process revisions to the By-laws at one time.” Staff recommended consideration and implementation of the planner’s recommendations as identified and in concert with a Municipal-led Official Plan Amendment and Zoning By-law Amendment. DISCUSSION The Arcadis memorandum attached, dated September 29, 2023, outlines the changes and revisions needed for the Official Plan. As well, a specific point for consideration is for Council to retain or remove the requirement for a public meeting for Plans of Subdivision, which is currently referenced in the OP under Section 8.6.1.3. Bill 23 removes the statutory requirement to hold a public meeting during the Draft Plan of Subdivision approval process. This is further discussed in the planner’s memorandum. As per the OPA process, a public meeting was held August 17, 2023 with no public comments received. A Draft Official Plan Amendment No. 34 is provided for consideration. Once Council adopts OPA No. 34, the amendment will be forwarded to the County of Elgin for consideration and approval. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Arcadis Memorandum, dated September 29, 2023 2. Draft By-law No. 2023-077, Official Plan Amendment No. 34 RECOMMENDATION THAT Report DS-58/23 regarding Official Plan Amendment No. 34 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 August 17, 2023 regarding More Homes Built Faster Act, 2022 (Bill 23) changes; AND THAT the proposed amendment is consistent with the Provincial Policy Statement 2020 and the Elgin County Official Plan; AND THAT By-law No. 2023-077, being an adopting By-law for Official Plan Amendment No. 34 regarding consistency and conformity to the Planning Act as a result of recent Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23), be presented for enactment; AND THAT adopted Official Plan Amendment No. 34 be forwarded to the County of Elgin for approval. Staff Report DS-58/23 OPA 34 Page 3 Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Deputy Clerk/Planning Coordinator Chief Administrative Officer 410 Albert Street, Unit 101 Waterloo, ON, N2L 3V3 519 585-2255 Arcadis Professional Services (Canada) Inc. Memorandum To/Attention Municipality of Bayham Date September 29, 2023 From Christian Tsimenidis, BES Project No 3404 - 902 cc William Pol, MCIP, RPP Subject Municipality of Bayham - Proposed Official Plan Amendment, Zoning By-law Amendment and Bylaw Amendment(s) 1. We have completed our review of the implications for the Provincial planning policy changes as a result of the More Homes Built Faster Act, 2022 (Bill 23) which necessitates the Municipality making amendments to the Municipality of Bayham Official Plan, Zoning By-law, Parkland By-law and Site Plan Control By-law. The following recommended Amendments are pursuant to the Report to Council on May 4th, 2023. 2. The following Amendments to the Official Plan are recommended: a) Section 4.7 – various, remove / add 4.7 SECOND DWELLING ADDITIONAL RESIDENTIAL UNITS 4.7.1 Second Dwelling Additional Residential Units Up to one (1) second additional residential dwelling unit, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses with partial or private water and sewer services, or up to two (2) additional residential units, maximum two (2) in the primary dwelling building and maximum one (1) in an accessory building, may be permitted on such lots where the lot is fully serviced by both municipal water and municipal sanitary sewer services. Second Additional Residential units may include second suites, basement apartments, or accessory apartments. The second additional unit(s) shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling additional residential unit shall generally be less than 10% floor area increase, maintaining maintain the general form and architectural character of the building where possible. Additional on-site parking shall be required. b) A maximum of one (1) connection to existing private and\or municipal sewage and water services shall be available to service the accessory residential ARCADIS MEMORANDUM Municipality of Bayham – September 29, 2023 2 dwelling unit(s) ancillary to the primary dwelling unit, to the satisfaction of the Municipality and the Southwestern Public Health as required. c) The second dwelling additional residential unit shall be incidental to the primary permitted residential use, is and can be located within the primary residential building or an ancillary structure in accordance to the Planning Act, as amended., where the gross floor area of the second dwelling is not greater than 40% of the combined total gross floor area of both the primary and second dwelling units. b) Section 2.1.12 – various, remove / add 2.1.12 SECOND DWELLING ADDITIONAL RESIDENTIAL UNITS AGRICULTURE Second dwelling Additional residential units may be permitted in the Agriculture Resource designation where a single detached dwelling is permitted. The second dwelling additional residential unit shall fulfill all the criteria for Second Dwellings Additional Residential Units set out in Section 4.7.1. The second dwelling additional residential unit occupied in the Agriculture Resource designation shall not be used for seasonal farm labour as intended in the supplementary farm dwelling policies Section 2.1.10. c) Section 8.6.1.3 – delete entire subsection 8.6.1.3 The public will be given the opportunity to present their views on a proposed plan of subdivision at a public meeting, which will be held by the Municipal Council in connection with the regular cycle of scheduled meetings. d) Section 8.17.1.2 – add Notwithstanding the generality of the foregoing, any residential buildings or use which is situated, or proposed to be situated in a Hamlet Residential (HR) Zone; an Estate Residential (ER) Zone; a Rural Residential (RR) Zone or an Open Space Zone; or, which otherwise is permitted as an accessory residential building or use in any zone other than an Agricultural (A1) Zone shall be subject to site plan control, where 11 or more residential dwelling units are proposed. The application of site plan control measures for such uses or in zones as described herein shall however, be limited to such matters as controlling the location of access, parking, grading and drainage. e) Section 8.17.1.3 – remove / add Municipal Council may require the drawings mentioned in paragraph 2 of subsection 41(4) in accordance with subsection 41(5) of the Planning Act, regardless of the ARCADIS MEMORANDUM Municipality of Bayham – September 29, 2023 3 number of dwelling units in a residential building or use subject to this policy where site plan control is required. f) Section 8.17.1.4 – remove / add The establishment of either a mobile home park or a seasonal travel trailer park shall be subject to site plan control, regardless of the number of dwelling units contained therein where 11 or more units are proposed. g) Section 8.18.1 - remove / add 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 300 600 units or the equivalent cash-in-lieu at a maximum rate of 1 hectare per 1,000 units, of the gross area of lands being subdivided for residential purposes. 3. The following Zoning By-law Amendments are recommended: a) Section 4.59 - change title from “Second Dwelling Units” to “Additional Residential Units”; b) Section 4.59 a) – replace “second dwelling” with “additional residential”; and, add “or where a lot has connection to both municipal water and sewer services a maximum of two additional residential units are permitted”; c) Section 4.59 b) – replace “the second dwelling” with “each additional residential”; d) Section 4.59 d) – replace “The second dwelling” with “Each additional residential”; e) Section 4.59 e) – replace “The second dwelling” with “Each additional residential”; f) Section 4.59 f) – delete g) Section 4.59 h) - delete 4. The following Amendments to By-law No. 2020-053 for “Parkland Dedication” are recommended: a) Section 9 Exemptions – replace Subsection b) with the following: “(b) Where the Development of an existing residential, commercial, industrial, institutional or Mixed-Use building or structure if the total floor area is enlarged by not more than 50%. The area of the existing building or structure shall be calculated by reference to the first building permit which was issued in respect of the building or structure for which the exemption is sought.” b) Section 9 Exemptions – add Subsection (c) as follows: “(c) Where the development consists of any of the following types of residential units: ARCADIS MEMORANDUM Municipality of Bayham – September 29, 2023 4 (i) Added units to rental apartments; (ii) three units per detached, semi-detached or rowhouse dwelling unit (additional or secondary units); (iii) affordable residential units as defined by Provincial legislation; (iv) attainable housing units as defined by Provincial legislation; (v) inclusionary housing units; or, (vi) non-profit housing development.” c) Schedule “A” – replace Schedule “A” with amended Official Plan Section 8.18 subsequent to above noted Official Plan Amendment. 5. The following Amendments to the By-law 2022-046 for “Site Plan Control” are recommended: a) Section 3.0 Area/Development Subject to Siter Plan Control – replace Subsection 3.(3) with the following: “(c) Residential developments with 10 or less residential dwelling units.” Based on the above recommended amendments the Municipality of Bayham Official Plan, Zoning By-law, Parkland By-law and Site Plan Control By-law would be consistent/in conformity to Provincial planning legislation which was recently changed as part of Bill 23. Public Meeting Requirements for Plan of Subdivision Bill 23 amends Section 51 of the Planning Act for Plan of Subdivision approvals by repealing certain provisions respecting public meetings. As a result, the Municipality of Bayham no longer has the statutory requirement to hold a public meeting during the Draft Plan of Subdivision approval process. This is noted above in this Memorandum regarding the deletion of Section 8.6.1.3 from the Official Plan. The requirement for public notice and opportunity to receive public comments on the Plan of Subdivision is maintained. The advantage to removing the subdivision public meeting is to streamline the subdivision approvals process and avoid the duplication of consultation efforts. Given that any draft plan of subdivision would likely require an application for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) to made in advance or concurrently with the subdivision application, it is our opinion that the statutory public meetings for the subdivision are likely redundant. The required public meeting during the OPA/ZBA process would provide an adequate and acceptable venue for the public to provide comment on the proposed development. At the time that an application for Draft Plan of Subdivision approval is made, the applicant will have received public feedback through the OPA/ZBA process and would be able to incorporate any necessary changes into the Draft Plan of Subdivision. Furthermore, the applicant has the option ARCADIS MEMORANDUM Municipality of Bayham – September 29, 2023 5 to host Neighbourhood Information Meetings in order to engage or consult with the public during the approvals process outside of a statutory public meeting. The disadvantage to removing the subdivision public meeting requirement is that Council may not have sufficient public information to make an informed land use planning decision. Notwithstanding comments above, the Municipality has the ability to require a public meeting during the Draft Plan of Subdivision approval process through its Official Plan despite the changes relating to Bill 23, should the need for such a meeting be identified. A public meeting held following the submission of a Plan of Subdivision would provide a venue for the receipt of public comments and feedback regarding a proposed Plan of Subdivision which may have been revised following the statutory public meetings during the OPA/ZBA process. This requirement in the Official Plan would be helpful in addressing any issues that may be identified by neighbours or any other stakeholders, thereby lessening the likelihood of an appealed decision. Based on the analysis above, the Municipality of Bayham has the option to remove the requirement for a public meeting during the approvals process for a Draft Plan of Subdivision, as per Bill 23 legislative changes. The Municipality may also choose to retain Section 8.6.1.3 of the Official Plan and require a public meeting to be scheduled during the first 60 days following an application for Draft Plan of Subdivision being deemed complete by the County of Elgin. Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham AMENDMENT NO. 34 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham, general amendments The following text constitutes Amendment No. 34 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. 2023-077, in accordance with Section 17 of the PLANNING ACT, on the 5th day of October 2023. MAYOR CLERK THR CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-077 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. 34 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. 34 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 5th day of October 2023. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 34 1. PURPOSE The purpose of the Official Plan Amendment is to amend the Municipality of Bayham Official Plan to ensure consistency/conformity to the Planning Act as a result of recent Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23). The following Sections of the Official Plan require amendment:  Section 4.7 Second Dwelling Units / Additional Residential Units – permit up to 2 additional residential units on urban lands with full municipal servicing, remove restrictions on additional residential units  Section 2.1.12 Second Dwelling Units / Additional Residential Units Agriculture – permit up to 1 additional residential unit in accordance with Section 4.7.1  Section 8.6.1.3 Plan of Subdivision - Public Meeting requirement removed  Section 8.17 Site Plan Control – 10 or less residential units would not require Site Plan Approval  Section 8.18.1 cash-in-lieu of Parkland – change dedication rates The Amendments also facilitate associated amendments to the Municipality of Bayham Zoning By-law, Parkland Dedication By-law and Site Plan Control By-law. 2. LOCATION The proposed amendments are not location specific. 3. BASIS OF THE AMENDMENT On November 28th, 2022, the government of Ontario’s More Homes Built Faster Act received Royal Assent. The Bill was tabled to support of the Provincial Government’s Housing Supply Action Plan, which seeks to address the province’s housing crisis. The proposed amendments are necessary to ensure consistency/conformity to the Planning Act changes included in Bill 23. The proposed amendments include changes to the Additional Residential Unit policies to permit a maximum of 2 accessory residential units on urban lands with full municipal services, and a maximum of 1 accessory residential unit on partial or private water and sewer services, as well as removing additional restrictions on the accessory residential units. A statutory Public Meeting is no longer required for Plan of Subdivision applications, therefore, the requirement is being removed. Site Plan Control Section 8.17 is amended to remove the requirement for Site Plan Control of residential developments with 10 units or less. And Section 8.18 Parkland Dedication is amended to be consistent to amended rates. 4. DETAILS OF THE AMENDMENT a) Section 4.7 of the Official Plan of the Municipality of Bayham is hereby amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS”; b) Section 4.7.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS”; c) Section 4.7 of the Official Plan of the Municipality of Bayham is hereby amended by replacing “Up to one (1) second residential dwelling, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses. Second units may include second suites, basement apartments, or accessory apartments. The second unit shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling shall generally be less than 10% floor area increase, maintaining the general form and architectural character of the building. Additional on-site parking shall be required. b) Existing private and\or municipal sewage and water services shall be available to service the accessory residential dwelling unit, to the satisfaction of the Municipality and the Elgin St. Thomas Public Health as required. c) The second dwelling shall be incidental to the primary permitted residential use, is located within the primary residential building or an ancillary structure, where the gross floor area of the second dwelling is not greater than 40% of the combined total gross floor area of both the primary and second dwelling units.” with “Up to one (1) additional residential unit, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses with partial or private water and sewer services, or up to two (2) additional residential units, maximum two (2) in the primary dwelling building and maximum one (1) in an accessory building, may be permitted on such lots where the lot is fully serviced by both municipal water and municipal sanitary sewer services. Additional Residential units may include second suites, basement apartments, or accessory apartments. The additional unit(s) shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling additional residential unit shall maintain the general form and architectural character of the building where possible. Additional on-site parking shall be required. b) A maximum of one (1) connection to existing private and\or municipal sewage and water services shall be available to service the accessory residential unit(s) ancillary to the primary dwelling unit, to the satisfaction of the Municipality and the Southwestern Public Health as required. c) The additional residential unit shall be incidental to the primary permitted residential use, and can be located within the primary residential building or an ancillary structure in accordance to the Planning Act, as amended.” d) Section 2.1.12 of the Official Plan of the Municipality of Bayham is amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS AGRICULTURE” and replacing “Second Dwelling” with “Additional Residential”; e) Section 8.6.1.3 of the Official Plan of the Municipality of Bayham is hereby amended by deleting Section 8.6.1.3; f) Section 8.17.1.2 of the Official Plan of the Municipality of Bayham is hereby amended by adding “, where 11 or more residential units are proposed” at the end of the first sentence; g) Section 8.17.1.3 of the Official Plan of the Municipality of Bayham is hereby amended by replacing “regardless of the number of dwelling units in a residential building or use subject to this policy” with “where site plan control is required”; h) Section 8.17.1.4 – of the Official Plan of the Municipality of Bayham is hereby amended by removing “regardless of the number of dwelling units contained therein” with “where 11 or more units are proposed”; and, i) Section 8.18.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing “300” with “600” and adding “at a maximum rate of 1 hectare per 1,000 units” AMENDMENT NO. 34 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham, general amendments The following text constitutes Amendment No. 34 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. 2023-077, in accordance with Section 17 of the PLANNING ACT, on the 5th day of October 2023. MAYOR CLERK THR CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-077 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. 34 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. 34 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 5th day of October 2023. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 34 1. PURPOSE The purpose of the Official Plan Amendment is to amend the Municipality of Bayham Official Plan to ensure consistency/conformity to the Planning Act as a result of recent Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23). The following Sections of the Official Plan require amendment:  Section 4.7 Second Dwelling Units / Additional Residential Units – permit up to 2 additional residential units on urban lands with full municipal servicing, remove restrictions on additional residential units  Section 2.1.12 Second Dwelling Units / Additional Residential Units Agriculture – permit up to 1 additional residential unit in accordance with Section 4.7.1  Section 8.6.1.3 Plan of Subdivision - Public Meeting requirement removed  Section 8.17 Site Plan Control – 10 or less residential units would not require Site Plan Approval  Section 8.18.1 cash-in-lieu of Parkland – change dedication rates The Amendments also facilitate associated amendments to the Municipality of Bayham Zoning By-law, Parkland Dedication By-law and Site Plan Control By-law. 2. LOCATION The proposed amendments are not location specific. 3. BASIS OF THE AMENDMENT On November 28th, 2022, the government of Ontario’s More Homes Built Faster Act received Royal Assent. The Bill was tabled to support of the Provincial Government’s Housing Supply Action Plan, which seeks to address the province’s housing crisis. The proposed amendments are necessary to ensure consistency/conformity to the Planning Act changes included in Bill 23. The proposed amendments include changes to the Additional Residential Unit policies to permit a maximum of 2 accessory residential units on urban lands with full municipal services, and a maximum of 1 accessory residential unit on partial or private water and sewer services, as well as removing additional restrictions on the accessory residential units. A statutory Public Meeting is no longer required for Plan of Subdivision applications, therefore, the requirement is being removed. Site Plan Control Section 8.17 is amended to remove the requirement for Site Plan Control of residential developments with 10 units or less. And Section 8.18 Parkland Dedication is amended to be consistent to amended rates. 4. DETAILS OF THE AMENDMENT a) Section 4.7 of the Official Plan of the Municipality of Bayham is hereby amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS”; b) Section 4.7.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS”; c) Section 4.7 of the Official Plan of the Municipality of Bayham is hereby amended by replacing “Up to one (1) second residential dwelling, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses. Second units may include second suites, basement apartments, or accessory apartments. The second unit shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling shall generally be less than 10% floor area increase, maintaining the general form and architectural character of the building. Additional on-site parking shall be required. b) Existing private and\or municipal sewage and water services shall be available to service the accessory residential dwelling unit, to the satisfaction of the Municipality and the Elgin St. Thomas Public Health as required. c) The second dwelling shall be incidental to the primary permitted residential use, is located within the primary residential building or an ancillary structure, where the gross floor area of the second dwelling is not greater than 40% of the combined total gross floor area of both the primary and second dwelling units.” with “Up to one (1) additional residential unit, being a self-contained unit, with kitchen and bathroom facilities, ancillary and subordinate to the primary dwelling unit, may be permitted within a single detached dwelling, semi-detached dwelling, or street row houses with partial or private water and sewer services, or up to two (2) additional residential units, maximum two (2) in the primary dwelling building and maximum one (1) in an accessory building, may be permitted on such lots where the lot is fully serviced by both municipal water and municipal sanitary sewer services. Additional Residential units may include second suites, basement apartments, or accessory apartments. The additional unit(s) shall be located in a Settlement Area and on the same lot as the primary dwelling. It shall meet the following criteria: a) The exterior building or site changes to permit the second dwelling additional residential unit shall maintain the general form and architectural character of the building where possible. Additional on-site parking shall be required. b) A maximum of one (1) connection to existing private and\or municipal sewage and water services shall be available to service the accessory residential unit(s) ancillary to the primary dwelling unit, to the satisfaction of the Municipality and the Southwestern Public Health as required. c) The additional residential unit shall be incidental to the primary permitted residential use, and can be located within the primary residential building or an ancillary structure in accordance to the Planning Act, as amended.” d) Section 2.1.12 of the Official Plan of the Municipality of Bayham is amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS AGRICULTURE” and replacing “Second Dwelling” with “Additional Residential”; e) Section 8.6.1.3 of the Official Plan of the Municipality of Bayham is hereby amended by deleting Section 8.6.1.3; f) Section 8.17.1.2 of the Official Plan of the Municipality of Bayham is hereby amended by adding “, where 11 or more residential units are proposed” at the end of the first sentence; g) Section 8.17.1.3 of the Official Plan of the Municipality of Bayham is hereby amended by replacing “regardless of the number of dwelling units in a residential building or use subject to this policy” with “where site plan control is required”; h) Section 8.17.1.4 – of the Official Plan of the Municipality of Bayham is hereby amended by removing “regardless of the number of dwelling units contained therein” with “where 11 or more units are proposed”; and, i) Section 8.18.1 of the Official Plan of the Municipality of Bayham is hereby amended by replacing “300” with “600” and adding “at a maximum rate of 1 hectare per 1,000 units”