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Home My WebLink AboutMarch 07, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March 7, 2024 7:00 p.m. 8:00 p.m. Court of Revision Meeting – Peters Drain Branch D 8:15 p.m. Public Drainage Meeting – Eden Drain Branch C The March 7, 2024 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 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 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held February 15, 2024 B. Statutory Planning Meeting held February 15, 2024 C. Special Meeting of Council held February 27, 2024 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 Council Agenda March 7, 2024 2 11.1.2 Requiring Action 11.2 Reports to Council A. Report FR-01/24 by Harry Baranik, Fire Chief/CEMC re Solar Eclipse – Monday, April 8, 2024 B. Report PS-03/24 by Steve Adams, Manager of Public Works|Drainage Superintendent re Capital Item PW-17 GPS Surveying Equipment 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Minor Variance A-03/24 Roy Schrijver Farms Ltd. B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-06/24 Unger C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-07/24 Underhill D. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/24 Lankhuijzen 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-08/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-01/24 – Silverthorn, 58224 Heritage Line B. Report DS-09/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-02/24 – Underhill, 54190 Vienna Line C. Report DS-10/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-03/24 – Wall, 6780 Richmond Road D. Report DS-11/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-04/24 – Graham, 11693 Elliott Road E. Report DS-12/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment No. 36 – Underhill Farms Ltd., 55032 Vienna Line F. Report DS-13/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Permit- By-Rule Framework Proposal 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Perry re Amend Blue Box Regulation for Ineligible Sources Council Agenda March 7, 2024 3 B. County of Renfrew re Affordability of Water and Wastewater Systems C. Prince Edward County re Review of Ontario Works and Ontario Disability Support Program Financial Assistance Rates D. Municipality of Tweed re Energy Transition E. Elgin Ontario Health Team re ConnectMyHealth 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-04/24 by Thomas Thayer, CAO re Housing Enabling Water Systems Fund (HEWSF) Application – Eden Pumping Station Expansion B. Report CAO-05/24 by Thomas Thayer, CAO re Extension of Site Plan Agreement - 2434378 Ontario Ltd. (Innovative Quality Manufacturing Inc.) – 56568 and 56616 Talbot Line, Bayham (Application No. SPA-04/22) 14. BY-LAWS A. By-law No. 2024-010 Being a provisional by-law provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Eden Drain Branch C B. By-law No. 2024-011 Being a bylaw to adopt OPA No. 36 C. By-law No. Z769-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Silverthorn D. By-law No. Z770-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Underhill E. By-law No. Z771-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Wall F. By-law No. Z772-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Graham 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera A. Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) B. Confidential Item re Personal matters about an identifiable individual (Administration) Council Agenda March 7, 2024 4 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-012 Being a by-law to confirm all actions of Council 18. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, February 15, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 5 Applications The February 15, 2024 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE *via Zoom ABSENT: SUSAN CHILCOTT TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER 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 13.2 E Report TR-04/24 by Lorne James, Treasurer re 2023 Investment Report 13.2 F Report TR-09/24 by Lorne James, Treasurer re 2023 Development Charges 4. ANNOUNCEMENTS CAO Thomas Thayer reminded residents that the Municipal Office will be closed on Monday, February 19, 2024 in observation of Family Day. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) Council Minutes February 15, 2024 2 A. Regular Meeting of Council held February 1, 2024 B. Public Drainage Meeting held February 1, 2024 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Meeting of Council held February 1, 2024 and the minutes of the Public Drainage Meeting held February 1, 2024 be approved as presented. CARRIED 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 11.2 Reports to Council A. Report PS-02/24 by Steve Adams, Manager of Public Works / Drainage Superintendent re RFT 01-24 One (1) Half-Ton Four Wheel Drive Pickup Truck Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report PS-02/24 re RFT 01-24 One (1) New Half-Ton Four Wheel Drive Pickup Truck be received for information; AND THAT Council approve the procurement of One (1) New Half-Ton Four Wheel Drive Pickup Truck from Finch Chevrolet Cadillac Buick GMC in the total amount of $49,914.50+HST. CARRIED Council Minutes February 15, 2024 3 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re MacAloney Zoning By-law Amendment – 11593 Plank Road B. Notice of Decision re Walker Minor Variance – 41 Strachan Street C. Notice of Public Meeting re Silverthorn Proposed Zoning By-law Amendment D. Notice of Public Meeting re Wayne & Underhill Proposed Zoning By-law Amendment E. Notice of Public Meeting re Wall Proposed Zoning By-law Amendment F. Notice of Public Meeting re Graham Proposed Zoning By-law Amendment G. Notice of Public Meeting re Underhill Farms Ltd. Proposed Official Plan Amendment Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A – G be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Petrolia re Return to Combined ROMA and OGRA Conferences B. United Counties of Prescott and Russell re AMO Policy Update – Social and Economic Prosperity Review C. Township of Ryerson re Support Bill C-310 D. City of Brantford re Reliable and Accessible Public Rail Transit – CN Rail E. Long Point Region Conservation Authority re 2024 Inventory of Programs and Services F. Long Point Region Conservation Authority January 3, 2024 Meeting Minutes G. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update for January 2024 Moved by: Deputy Mayor Weisler Council Minutes February 15, 2024 4 Seconded by: Councillor Froese THAT items 13.1.1 A – G be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham supports item B: United Counties of Prescott and Russell re AMO Policy Update – Social and Economic Prosperity Review. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report TR-02/24 by Lorne James, Treasurer re 2025 Budget Schedule Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Staff Report TR-02/24 re 2025 Budget Schedule be received for information; AND THAT the proposed Budget Guidelines and meeting dates be approved as set out in Report TR-02/24. CARRIED B. Report TR-03/24 by Lorne James, Treasurer re 2023 Public Sector Salary Disclosure Act (PSSDA) Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report TR-03/24 re 2023 Public Sector Salary Disclosure Act (PSSDA) be received for information. CARRIED C. Report TR-05/24 by Lorne James, Treasurer re 2023 Council Remuneration and Expenses Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report TR-05/24 re 2023 Council Remuneration and Expenses be received for information. CARRIED Council considered items 13.2 E & F prior to D Council Minutes February 15, 2024 5 D. Report CL-01/24 by Meagan Elliott, Clerk re Proposed Procedural By-law Amendments The Council Meeting recessed to hold a Public Planning Meeting at 7:30 pm The Council Meeting resumed at 7:49 pm Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report CL-01/24 re Proposed Procedural By-law Amendments be received for information; AND THAT staff be directed to report back to Council with further information with all areas outlined within report CL-01/24. CARRIED E. Report TR-04/24 by Lorne James, Treasurer re 2023 Investment Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report TR-04/24 re 2023 Investment Report be received for information. CARRIED F. Report TR-09/24 by Lorne James, Treasurer re 2023 Development Charges Quorum lost at 7:18 pm due to a technical difficulty Quorum and technical difficulty restored at 7:19 pm Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report TR-09/24 re 2023 Development Charges be received for information. CARRIED 14. BY-LAWS 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. 2024-007 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Council Minutes February 15, 2024 6 Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2024-007 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 7:57 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 – HYBRID Thursday, February 15, 2024 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-01/24 Silverthorn – 58224 Heritage Line B. Proposed Zoning By-Law Amendment ZBA-02/24 Underhill – 54190 Vienna Line C. Proposed Zoning By-Law Amendment ZBA-03/24 Wall – 6780 Richmond Road D. Proposed Zoning By-Law Amendment ZBA-04/24 Graham – 11693 Elliot Road E. Proposed Official Plan Amendment OPA-01/24 Underhill Farms Ltd. – 55032 Vienna Line The February 15, 2024 Public Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE *via Zoom ABSENT: COUNCILLOR SUSAN CHILCOTT TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: TREVOR BENJAMINS PUBLIC ATTENDEES B: N/A PUBLIC ATTENDEES C: N/A PUBLIC ATTENDEES D: N/A PUBLIC ATTENDEES E: N/A APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:31 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 2 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-01/24 Silverthorn – 58224 Heritage Line THE PURPOSE of this By-law Amendment is to rezone a portion of the subject property, fronting Heritage Line, from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC- xx)’ Zone to permit an agricultural-related business/use for the importing and sale of animal feed and fertilizers. The subject lands are known as 58224 Heritage Line, north side and west of Elgin County Road 55. THE EFFECT of this By-law will be to permit an agricultural-related business/use for the importing and sale of animal feed and fertilizers on the subject property in addition to the existing agricultural operations. 5. PUBLIC PARTICIPATION Trevor Benjamins presented a slideshow summarizing the application. 6. CORRESPONDENCE No correspondence. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese 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-01/24 is now complete at 7:40 p.m. CARRIED APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:40 p.m. 3 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 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. Proposed Zoning By-Law Amendment ZBA-02/24 Underhill – 54190 Vienna Line THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed severed lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-xx)’ Zone to recognize the existing minimum Front Yard Depth of 10.5 metres. The proposed retained lot is to be rezoned from ‘A1’ to ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are known as 54190 Vienna Line, north side and west of Woodworth Road. THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E4-23. 13. PUBLIC PARTICIPATION No public participation. 14. CORRESPONDENCE No correspondence. 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler 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-02/24 is now complete at 7:42 p.m. CARRIED 4 APPLICATION C 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:42 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. Proposed Zoning By-Law Amendment ZBA-03/24 Wall – 6780 Richmond Road THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Institutional (I)’ Zone to ‘Hamlet Residential (HR)’ Zone to permit and develop two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. The subject lands are known as 6780 Richmond Road, east side and north of Calton Line. THE EFFECT of this By-law will be to permit the development of two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. 21. PUBLIC PARTICIPATION No public participation. 22. CORRESPONDENCE No correspondence. 23. OTHER BUSINESS No other business. 24. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese 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-03/24 is now complete at 7:44 p.m. CARRIED 5 APPLICATION D 25. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:45 p.m. 26. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 27. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 28. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT D. Proposed Zoning By-Law Amendment ZBA-04/24 Graham – 11693 Elliot Road THE PURPOSE of this By-law Amendment is to rezone the subject property as a result of a severance for the creation of new residential lot, in Zoning By-law Z456-2003. Both the proposed retained and severed lot are to be rezoned from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone. The subject lands are known as 11693 Elliott Road, west side and north of Talbot Line. THE EFFECT of this By-law will be to recognize the residential nature of the retained lot and the newly created severed lot for a future dwelling, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E33-23. 29. PUBLIC PARTICIPATION No public participation. 30. CORRESPONDENCE No correspondence. 31. OTHER BUSINESS No other business. 32. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler 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-04/24 is now complete at 7:46 p.m. CARRIED 6 APPLICATION E 33. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:47 p.m. 34. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 35. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 36. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT E. Proposed Official Plan Amendment OPA-01/24 Underhill Farms Ltd. – 55032 Vienna Line 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 Section 2.1.7.1. The subject lands are located at 55032 Vienna Line, north side, and west of Brown Road. THE EFFECT of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. 37. PUBLIC PARTICIPATION No public participation. 38. CORRESPONDENCE No correspondence. 39. OTHER BUSINESS 40. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Official Plan Amendment be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Amendment Application OPA-01/24 is now complete at 7:49 p.m. CARRIED 7 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Tuesday, February 27, 2024 6:00 p.m. The February 27, 2024 Special Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW COUNCILLORS TIMOTHY EMERSON *via Zoom (joined at 6:03 p.m.) DAN FROESE *via Zoom SUSAN CHILCOTT *via Zoom ABSENT: RAINEY WEISLER STAFF PRESENT: CAO THOMAS THAYER TREASURER LORNE JAMES *via Zoom 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REPORTS TO COUNCIL A. Report TR-06/24 by Lorne James, Treasurer re 2023 Q4 Variance Report Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report TR-06/24 re 2023 Q4 Variance Report be received for information; AND THAT Council direct staff to re-invest the maturing GIC investments in the noted duration. CARRIED B. Report TR-07/24 by Lorne James, Treasurer re 2023 Surplus Allocation Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report TR-07/24 re 2023 Surplus Allocation be received for information; 2 AND THAT Council confirm the 2023 Surplus Transfer Report as attached to Report TR- 07/24 as Appendix ‘A’; AND THAT Council confirm the 2023 Revised Reserves, Reverse Funds, and Deferred Revenue Report as attached to Report TR-07/24 as Appendix ‘B’; AND THAT Council confirm the 2023 Sale of Assets Report as attached to Report TR- 07/24 as Appendix “C’; AND THAT Council direct staff to bring forward an updated Surplus of Assets report for all departments of the Municipality. CARRIED C. Report TR-08/24 by Lorne James, Treasurer re 2024 Fiscal Outlook Report Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report TR-08/24 re 2024 Fiscal Outlook Report be received for information. CARRIED 4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-008 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confirming By-law No. 2024-008 be read a first, second and third time and finally passed. CARRIED 5. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 6:28 p.m. CARRIED MAYOR CLERK REPORT FIRE DEPARTMENT TO: Mayor & Members of Council FROM: Harry Baranik, Fire Chief/CEMC DATE: March 7, 2024 REPORT: FR-01/24 SUBJECT: SOLAR ECLIPSE – MONDAY, APRIL 8, 2024 BACKGROUND On Monday, April 8, 2024, between 2:01 and 4:30 p.m., the Municipality of Bayham will experience the effects of a solar eclipse, and between 3:16 and 3:19 p.m., there will be a total solar eclipse. The last total eclipse southern Ontario experienced was in 1925 and the next one will be in 2099. In Canada, the last total solar eclipse was in 1979, and is not expected until 2069. A total solar eclipse has a narrow path of approximately 110 – 115 kilometres wide. This year’s solar eclipse path in North America begins in central Mexico, travels north east through central United States, passes over Lake Erie, Lake Ontario, St. Lawrence and leaves North America in Newfoundland. Bayham is on the northern edge of the path with a number of communities including Port Burwell expecting a total eclipse. As this is a natural rarity, there is a potential for an abnormal influx of people to witness the event at the best viewing locations possible. The beaches on the great lakes offer excellent viewing locations. It is reported that the City of Niagara Falls have already sold out all their major hotels for this event. The local school boards have altered their Professional Development (PD) days in order to allow children to be off this date. In 2017, the last Solar Eclipse, entered North America in the state of Oregon and left through the Carolinas on the US Eastern Seaboard. It was estimated that 7.4 million people travelled to the United States to view the eclipse. This was described as the greatest temporary mass migration to see a natural event in US history. During this event, the state of Oregon experienced, significant traffic disruptions, gas shortages, and the effects of mass gatherings in small areas. Similar types of disruptions may be possible in Elgin County and Bayham, which would impact municipal and emergency operations. DISCUSSION As this is a natural event, there are so many unknown factors that can influence this event, which hinders a municipality’s ability to fully prepare. The largest factor to affect this event is the weather. Historically, over the past five years, in London, the weather on April 8 can be described as: the average temperature is around 9 C; there is a 65% chance between partly cloudy or fully overcast (and only with a 35% of being mostly clear of clear); and there is a 27% chance of more than 1 mm of rain1. Any certainty for the weather conditions can only made a few days before April 8. Further it needs to be noted, at this time, there is no financial support from any level of senior government. Their assistance for the Municipality is limited to information. The Provincial Emergency Operations Centre (PEOC) has had on-line information updates to the Community Emergency Management Coordinators (CEMCs) and has offered information from their Ministries such as the Ministry of Health on proper eye protection. At one of the first meetings, staff inquired whether the Provincial Parks would be opened to assist in hosting any crowds. However at a later meeting, it was confirmed, the Ministry of Environment, Conservation and Parks (MECP) advised they will not be opening the Provincial Parks. The Ministry’s direction is that many people attend closed parks during the off-season and use at their own risk. Provincial Park staff will not stop people from entering; however, they will not have their facilities open. Staff confirmed that the Port Burwell Provincial Park will follow the Ministry direction. Elgin County has had meetings with the lower-tier municipalities, Medavie EMS, and the OPP regarding general information on the eclipse and starting discussions on preparation. Much of the above information was discussed. County Staff continued to explain their efforts to promote the eclipse. CTV News had a news story on the preparation and possible benefits. During the interview, County staff spoke of how the beaches in Elgin County are the perfect place to view this event (See Appendix A). The County also announced on their website on the solar eclipse where the public can learn more. The stated within hours they had 20,000 hits on the site. EMS advised it does not plan any increase service their level of service. The Elgin County OPP Detachment Commander will seek Regional direction as to staffing and funding. Staff have had discussions on how the Municipality may prepare for this event. The County’s Elgin’s website link will be advertised on Bayham’s for further reach. Bayham’s Emergency Operations Centre (EOC) will meet on Friday April 5 to organize a proportional response to the solar eclipse as factors such as weather conditions for the Monday will be accurate. Then, on April 8, the EOC will again meet to ensure the Municipality’s preparedness. Public Works will monitor the traffic situation and intervene with signage and road closures if necessary. There will be no additional standby of fire department staff. There has been discussion regarding the East Beach washroom facility, with the possibility that it will be prepared and opened. There will be a cost for the original cleaning, which will be minimal, to support any attendees to the East Beach. Some applicable information is attached to this Report for reference purposes. STRATEGIC PLAN 1.2: Quality of Governance > to develop policies, plans and strategies that continually enhance the visitor experience to Bayham, and increase the economic benefit of tourism to the community 1 Data from https://weatherspark.com/d/18239/4/8/Average-Weather-on-April-8-in-London- Canada#Figures-Temperature Initiative(s) Not applicable. ATTACHMENTS 1. Map of Viewing Locations in Elgin County 2. Excerpt from Elgin County’s Eclipse webpage RECOMMENDATION 1. THAT Report FR-01/24 re Solar Eclipse – Monday April 8, 2024 be received for information; 2. AND THAT Council directs staff to continue engaging the local business of the community regarding education of this event; 3. AND THAT Council concurs with the planned activation of the Emergency Operations Centre for April 5 and April 8, 2024 to prepare and execute a proportional response for the 2024 solar eclipse. Respectfully submitted: Harry Baranik Fire Chief/CEMC B.A., CMM III Police Professional/Fire Services Executive, CAFI Reviewed by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: March 7, 2024 REPORT: PS-03/24 SUBJECT: CAPITAL ITEM PW-17 GPS SURVEYING EQUIPMENT BACKGROUND On October 3, 2023, Council received the Draft 2024-2033 Capital Budget and passed the following motion: Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report TR-14/23 re 2024-2033 Capital Budget - Draft be received for information; AND THAT staff be directed to begin the procurement process for Capital Item No. FD-05; AND THAT staff be directed to report to Council further on Capital Item Nos. FD-06, PW-35, and PW-29; AND THAT Council approve in principle the 2024-2033 Capital Budget with amending Capital Item No. W-03 to be $17,500 and Capital Item No. PR-03 to be moved to 2024 from 2026. The 2024 Capital Budget includes the following:  Capital Item No. PW-17 - $25,000 – GPS Surveying Equipment DISCUSSION The Municipality of Bayham has never had the opportunity to utilize GPS equipment to locate, identify, and map infrastructure within the road network and municipal drainage system. The Public Works department has been seeing significant increase in capital, road reconstruction, and maintenance projects. Staff time is crucial when planning and carrying out these projects as much of Bayham’s infrastructure is not mapped out. In the past, staff, ahead of a project, would manually map out structures that can be visually identified; however, staff would not officially create mapping records for future years. Project layout and future mapping can not only be helpful for current years but for long-term budget plans, including current year fiscal responsibilities. Municipal drainage has a unique opportunity to utilize GPS survey equipment, as past buried drains and basins are recognized through knowledge of the land through the Drainage Superintendent and local property owners. This is becoming more difficult when dealing with drainage issues as many parcels have been sold since the original construction of the drain. The Municipality maintains nearly 150 drains with more than 50% over fifty (50) years old. Moving forward, utilizing GPS equipment would allow all maintenance repairs, new drains and roadside drains to be found to be mapped within a central location. In January 2024 staff contacted a couple local contractors to get a better grasp on what the Municipality’s best option would be for utilizing the following basic functions:  Mapping road right-ways  Mapping, and layering infrastructure  As build mapping for project completion  Ability to be used by all operators with some basic training  Ability to utilized GPS with Bayham’s unique topography as many areas cellular dead areas Additional feedback from neighboring municipalities also pointed out the full ability for mapping all municipal infrastructure pieces as follows:  Signs  Guiderails  Catch basins  Culvert crossings (road and laneway)  Road layouts  Drain Layouts  Cemetery plots  Property boundaries  Utilities  Bridge structures  Park and Playground Equipment  Water Depths for flood response  Fire Scenes  Water and Wastewater infrastructure mapping  Hill and washout management In accordance with the Municipality’s Procurement Policy, a Quote process requires seeking out at least three (3) quotes. Staff contacted five (5) retailers for GPS survey equipment. Two (2) retailers identified that the budget proposed would be insufficient for their equipment and did not provide a verbal or written quotation. Staff has reached out multiple times to a third retailer, which has yet to provide detailed information in writing, but verbally identified a cost of approximately $40,000. Staff did receive two written quotes for the equipment as follows: Quotes Received Total Cost* Horizon Measurement Solutions Inc. $25,000.00 Benchmark $30,408.92 *Does not include HST The lowest quote from Horizon Measurement Solutions Inc. has met all specifications staff require for a compliant quote, and is the only quote provided that aligns with the approved Capital Budget Item amount ($25,000). Staff recommend the purchase of the GPS unit as this is an advance piece of technology in creating a larger more accurate portfolio of the municipalities assets and to allow for better staff utilization of time management, planning and financial initiatives. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge of capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Ensure maintenance of knowledge capital and establish department succession planning. 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable RECOMMENDATION 1. THAT Report PS-03/24 re Capital Item PW-17 GPS Surveying Equipment be received for information; 2. AND THAT Council approve the procurement of GPS Surveying Equipment from Horizon Measurement Solutions Inc. in the total amount of $25,000.00+HST. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works| Chief Administrative Officer Drainage Superintendent A-03/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: ROY SCHRIJVER FARMS LTD. LOCATION: 53777 TALBOT LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-03/24). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on March 7, 2024, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube THE PURPOSE of this variance is to permit the conversion of an existing two-storey single- detached dwelling to a Supplementary Farm Dwelling to accommodate seasonal farm labourers in accordance with Section 2.1.10.1 of the Bayham Official Plan. The subject lands are described as Concession 7 NTR N Pt Lots 110, 111 and located at 53777 Talbot Line, east side, and northeast of Heritage Line. THE EFFECT of this variance will be to permit the conversion of an existing two-storey single- detached dwelling of 240 m² (2,583.3 ft²) in gross floor area to a seasonal Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on March 1, 2024 to be included in the Committee of Adjustment agenda. 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 23rd day of February 2024. 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-06/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: JACOB AND ELIZABETH UNGER LOCATION: 53579 CALTON LINE, CALTON TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-06/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 21st, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this Site-Specific By-law Amendment is to recognize and permit a Maximum Accessory Building Height of 4.9 m (16.0 ft) and Maximum Floor Area of 293.0 m2 (3,153.8 ft2) for the existing accessory buildings/structures, including a greenhouse, garage, and shed, that exceed the requirements in Section 9.5.1 and 9.7 of the Zoning By-law. The proposed Site- Specific By-law Amendment pertains to Consent Application E50-23 for a new residential lot that was Conditionally Approved by the Elgin County Land Division Committee on August 23, 2023. The proposed Site-Specific By-law Amendment to the current ‘Hamet Residential (HR)’ Zone would only apply to the proposed retained lot, not the severed lot. The subject lands are known as 53579 Calton Line, south side and east of Richmond Road. THE EFFECT of this By-law will be to recognize and permit a Maximum Floor Area of 293.0 m2 (3,153.8 ft2), whereas 75.0 m2 (807.3 ft2) is required, and a Maximum Accessory Building Height of 4.9 m (16.0 ft), whereas 4.5 m (14.7 ft) is required, for the existing accessory buildings/structures on the proposed retained lot by way of Site-Specific Exceptions to the HR Zone. 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. Written comments are to be submitted on or before 12:00 Noon on Wednesday, March 13, 2024 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 1st day of March 2024. 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 Hamlet of Calton ZBA-07/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: GREGORY UNDERHILL FARMS LTD. LOCATION: 54761 VIENNA LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-07/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 21st, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed Severed Lot is to be rezoned from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned from ‘A1’ to ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are known as 54761 Vienna Line, south side, west of Brown Road and east of Woodworth Road. THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E6-24. 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. Written comments are to be submitted on or before 12:00 Noon on Wednesday, March 13, 2024 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 1st day of March 2024. 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-08/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW 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 a proposed Zoning By-law Amendment (ZBA-08/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 21st, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT. . Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed Severed Lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-XX)’ Zone to permit a Rear Yard Depth of 3.0 metres, permit the existing oversized accessory building of 285 m2 and the prohibition of the keeping of livestock. The proposed Retained Lot would be rezoned from the A1 Zone to a Site-Specific Special Agricultural (A2-XX) Zone to prohibit new dwellings and recognize the existing supplementary farm dwelling. The subject lands are known as 55106 Vienna Line, north side of Vienna Line, east of Brown Road. THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E4-24. 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. Written comments are to be submitted on or before 12:00 Noon on Wednesday, March 13, 2024 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 1st day of March 2024. 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 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: March 7, 2024 REPORT: DS-08/24 FILE NO. C-07 / D13.SILV Roll # 3401-000-004-12800 SUBJECT: Rezoning Application ZBA-01/24 – Silverthorn 58224 Heritage Line Draft Zoning By-law No. Z769-2024 BACKGROUND Appointed Agent Trevor Benjamins, CJDL Engineering Ltd., submitted a rezoning application on behalf of owners Donald, Margorie, Ruben, and Emery Silverthorn to rezone a portion of their property at 58224 Heritage Line, north side, west of Elgin County Rd 55. The property is designated as “Agriculture” in Schedule ‘A1’ – Land Use in the Official Plan and zoned “Agricultural (A1) Schedule ‘A’ Map No. 6 in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone a portion of the subject property, fronting Heritage Line, from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-1)’ Zone to permit an agricultural-related business/use for the importing and sale of animal feed and fertilizers. The effect of this By-law will be to permit an agricultural-related business/use for the importing and sale of animal feed and fertilizers on the subject property in addition to the existing agricultural operations. The Owners have operated an agricultural-related business/use at this property since October 2021 without the required land use planning approvals and building permits. Staff became aware of the situation and in September 2022 initiated a conversation with the Owners to discuss bringing the property in to compliance. A pre-consultation meeting was held in October 2022. The zoning amendment application was received December 12, 2023. The public meeting was held on February 15, 2024 with one signed in attendee, Appointed Agent Trevor Benjamins, speaking to the application, and no written public submissions. Staff Report DS-08/24 Silverthorn 2 DISCUSSION The planner’s memorandum, dated February 15, 2024, provides an analysis of the zoning amendment application against the Elgin County and Bayham Official Plan and Zoning By-law. The requested amendment will rezone a portion of the parcel from agricultural to site-specific farm commercial to allow the owners to continue to operate an existing agricultural-related business/use for the importing and sale of animal feed and fertilizers. A subsequent Site Plan Application will be required should the zoning by-law amendment be approved by Council. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on a portion of the property from Agricultural (A1) to Site-specific Farm Commercial (FC-1). STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-01/24 Silverthorn 2. Arcadis Memorandum, dated February 15, 2024 3. Draft Zoning By-law No. Z769-2024 RECOMMENDATION THAT Report DS-08/24 regarding the Silverthorn rezoning application ZBA-01/24 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 February 15, 2024 associated with this application, there was one oral presentation by the Applicants’ Appointed Agent and no written submissions 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 portion of the property located at 58224 Heritage Line described as having 60 metres (196.9 feet) of frontage along Heritage Line and overall lot area of 0.54 hectares from ‘Agricultural (A1) to Site-specific Farm Commercial (FC-1)’ to recognize an existing agricultural-related business/use for the importing and sale of animal feed and fertilizers and permitting a Maximum Building Floor Area of 550.0 m2; AND THAT Zoning By-law No. Z769-2024 be presented to Council for enactment. 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 February 26th, 2024 From Christian Tsimenidis, BES Project No 3404 - 928 cc William Pol, MCIP, RPP Subject Donald, Margorie, Ruben, and Emery Silverthorn - Application for Zoning By-law Amendment ZBA-01-24, 58224 Heritage Line Background 1. We have completed our review of the application for Zoning By-law Amendment submitted by Donald, Margorie, Ruben, and Emery Silverthorn for 58224 Heritage Line, north side and west of County Road 55. The applicant is requesting an amendment to rezone a portion of the subject property fronting Heritage Line (approximately 0.54 hectares with 60 metres of frontage) from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-1)’ Zone to permit an existing agricultural-related business/use for the importing and sale of animal feed and fertilizers for a Maximum Building Floor Area of 550.0 m2. The existing agricultural operations that are zoned ‘Agricultural (A1)’ and located outside of this portion of the site to be rezoned would remain as it exists today. Should the proposed Zoning By-law Amendment be approved by Council, the applicant would be required to submit a Site Plan Application. 2. It is understood that this business, identified as Kustermans Feeds and Seeds (hereinafter referred to as “Kustermans”), has existed on the subject property since October 2021 without obtaining the necessary planning approvals from the Municipality of Bayham to permit this use on the subject property. As such, the intent of this Zoning By-law Amendment Application is to bring the existing unauthorized use into conformity with the planning policy framework. Further, the intent of this application is to allow for the future expansion of the business, permitting a Maximum Building Floor Area of 550.0 m2 (5,920.2 ft2) whereas 213.25 m2 (2,295.4 ft2) currently exists. The following provides a breakdown of existing and proposed building floor areas:  Existing Retail/Store = 80.35 m2 (864.9 ft2)  Existing Warehouse = 132.90 m2 (1,430.5 ft2)  Proposed Addition to Warehouse = 161.97 m2 (1,743.4 ft2) ARCADIS MEMORANDUM Municipality of Bayham – February 26, 2024 2  Future Expansion Opportunity = 132.0 m2 (1,420.8 ft2)  Existing Concrete Pad for Future Expansion Opportunity = 43.75 m2 (470.9 ft2) TOTAL: 550.0 m2 (5,920.15 ft2) 3. It is understood that the existing business would continue to import and sell farm animal feed, including chicken, cow, horse, sheep and pig feed. Further, Kustermans sells bird seed, dog and cat food and a variety of feeders for the animals listed above. Kustermans also sells four (4) different varieties of fertilizers which are mainly used for lawns and gardens. 4. As mentioned in Paragraph 2 above, the existing retail/store space and warehouse would remain as they exist today. An expansion/addition to the west of the existing warehouse is being proposed, along with a required loading space for ease of deliveries. Future expansion of the warehouse may also occur to the rear of the proposed addition to the warehouse, as per the preliminary Site Plan submitted by the applicant. A total of 10 off-street parking spaces are proposed. 5. The lands are currently designated as ‘Agriculture’ and ‘Natural Gas Reservoir’ in Schedule ‘A1’ - Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Agricultural (A1)’ in Schedule ‘A’, Map No. 6 in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 6. The subject property has a lot area of approximately 21.2 hectares (52 acres), estimated lot frontage of 180 metres (590.5 feet) along Heritage Line, and a lot depth of approximately 1,025 metres (3,362.8 feet). As previously mentioned, this Zoning By-law Amendment Application only pertains to a portion of the subject property approximately 0.54 hectares in size and 60 metres (196.9 feet) of frontage along Heritage Line. 7. The subject property comprises of a single-detached dwelling, various barns and accessory storage buildings associated with crop production, as well as the existing Kustermans business in question. Only the existing Kustermans business will be located within the proposed rezoning area of the subject property. All remaining buildings and structures should remain in the ‘Agricultural (A1)’ as a result of this proposal. An existing gravel driveway off of Heritage Line is currently used to access the Kustermans business and would remain as it exists today. An additional gravel driveway off of Heritage Line is currently used to access the single-detached dwelling. The subject property is currently serviced by private well and private septic system. The applicant is proposing a separate private septic system for the area to be rezoned for the Kustermans business. ARCADIS MEMORANDUM Municipality of Bayham – February 26, 2024 3 8. The subject property is predominantly surrounded by agricultural lands in all directions. To the immediate west exists two (2) rural residential lots identified as 58152 and 58132 Heritage Line. Holly Silverthorn, whom is the business owner and daughter-in-law to the property owners, currently resides in the single-detached dwelling on 58152 Heritage Line. To the east exists another rural residential lot identified as 58298 Heritage Line. It is understood that this lot was previously severed from the adjacent farm parcel as a surplus farm dwelling. Public Comments 9. A statutory Public Meeting was held on February 1st, 2024, and it is understood that no written or verbal feedback from the public was received. Elgin County Official Plan 10. The Elgin County Official Plan designates the subject property as ‘Agricultural Area’ in Schedule ‘A’ - Land Use Plan. Section C2.3 of the County Official Plan provides a list of permitted uses within the ‘Agricultural Area’ designation, specifically agriculture-related uses that are subject to Section C2.6. 11. Section C2.6 of the County Official Plan provides policy direction with respect to “Agricultural-Related Uses” in the ‘Agricultural Area’ designation as follows: For the purposes of this Official Plan, 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. Such uses may also provide direct service to other agricultural operations in close proximity on a secondary basis. Examples of such uses include, but are not limited to: agricultural storage and processing facilities involving the storage and processing of crops and/or livestock and/or related items (such as cheese and milk) from a local farm operation in the area. Comment: It is our opinion that this proposal to permit an existing agricultural- related business/use for the importing and sale of animal feed and fertilizers on a portion of the subject lands is considered an “Agricultural-Related Use’ based on the policy above. More specifically, it is understood that Kustermans supports the surrounding agricultural operations in the area by providing a service that offers seeds and feeds that can contribute to supporting livestock and agricultural practices. The existing business would provide service to other agricultural operations in close proximity on a secondary basis relative to the primary agricultural operations on the subject property. It is also our opinion that the proposed scale, being limited to 550.0 m2 (10% Lot Coverage of the area to be rezoned), represents an appropriate scale for a farm-related commercial use on the site. ARCADIS MEMORANDUM Municipality of Bayham – February 26, 2024 4 12. Based on the analysis provided above, it is our opinion that the proposed Zoning By-law Amendment Application would conform to the Elgin County Official Plan. Municipality of Bayham Official Plan 13. The Bayham Official Plan designates the subject property as ‘Agriculture’ and ‘Natural Gas Reservoir’ in Schedule ‘A1’ - Land Use. As per Section 2.1.1.2 of the Official Plan, the ‘Agricultural’ land use designation states the following with respect to Agriculture-related uses and secondary uses: Agriculture-related uses and secondary uses will also be permitted in the “Agriculture” designation provided they are compatible with agricultural uses and do not contribute to land use conflicts. These uses may include surplus farm dwellings on separate lots, agricultural home occupations, and farm- related industrial and commercial uses. Comment: It is our opinion that this proposal to permit an existing agricultural- related business/use for the importing and sale of animal feed and fertilizers on a portion of the subject lands in the ‘Agricultural’ land use designation is considered a “farm-related industrial and commercial use”. It is understood that Kustermans supports the surrounding agricultural operations in the area by providing a service that offers seeds and feeds that can contribute to supporting livestock and agricultural practices. It is our opinion that this use is compatible with the surrounding agricultural area and would not result in adverse land use conflicts with surrounding agricultural uses. It should also be noted that at the Site Plan Application stage, the Municipality would have an opportunity to request additional landscaping and buffering should noise or visibility be a concern. 14. Section 2.1.3 of the Official Plan provides additional direction with respect to “Farm- Related Industrial and Commercial Uses”. Specifically, Section 2.1.3.2 provides the general principles to be considered in the development and zoning of farm related industrial and commercial uses as follows: a) The Zoning By-law shall provide separate sets of zone regulations for farm related industrial and commercial uses. These regulations should prescribe a low building to lot ratio; Comment: This proposal requires a Zoning By-law Amendment to rezone the subject property to a Site-Specific FC Zone that limits the Maximum Floor Area to 550.0 m2. The proposed Maximum Building Floor Area of 550.0 m2 only represents a Lot Coverage of 10% within the approximate 0.54 hectares to be rezoned on the subject property. The FC Zone permits a Maximum Lot Coverage of 30%, therefore, the applicant would ultimately be proposing a Lot Coverage that is 20% below the permitted limit. Therefore, it is our opinion that this proposal will maintain a low building to lot ratio. ARCADIS MEMORANDUM Municipality of Bayham – February 26, 2024 5 b) Uses which create adverse off-site environmental effects such as air pollution, noise, odour, or generate excessive solid or liquid wastes either in volume or toxicity will not be permitted; Comment: It is our understanding that the existing use and proposed expansion would not contribute to adverse land use impacts given that the surrounding area is predominantly agricultural. It is our understanding that the products imported and sold on the premises are stored within warehouses to limit odour and visibility. It is also our opinion that limiting the Maximum Building Area to 550.0 m2 (or 10% of the impacted portion to be rezoned) will limit future expansion in order to maintain a scale of operation supported by the Official Plan. At the Site Plan Application stage, the Municipality would have an opportunity to request additional landscaping and buffering should noise or visibility be a concern. c) The proposed potable water treatment and supply system; method of sanitary sewage collection, treatment and disposal; solid waste disposal; and any emissions to the environment shall meet the requirements of, and where necessary, be approved by the Ministry of the Environment Conservation and Parks or its delegated authority; Comment: It is our understanding that the installation of a new septic system for Kustermans is proposed, however, the existing private well located on the portion of the site that currently services the single detached dwelling outside of the rezoning area would be utilized in the proposed expansion of Kustermans. Details pertaining to servicing will be confirmed at the Site Plan Application stage, should this rezoning application be approved by Council. d) Adequate off-street parking will be provided to accommodate customers and employees, however, the use should not generate high volumes of vehicular traffic; Comment: The proposed 10 off-street parking spaces (one being a Type ‘A’ accessible parking space) for customers and employees would meet the minimum parking requirements outlined in Section 4.32 of the Zoning By-law for the retail and warehouse components of this use. One (1) loading space is also provided on the subject property for deliveries. It is noted by the applicant that this use generates, “10 to 12 deliveries per week for supplies and the use generates a maximum of 5 to 10 customers per day. Almost all of the deliveries would be within a small box truck or van and only one (1) tractor-trailer visits the site per week.” Heritage Line is identified as County Road that is maintained by Elgin County. It is understood that Elgin County provided comments, noting that prior to modifying the entrance, a County Road Occupancy Permit should have been obtained and accordingly, a permit will still be required. It is currently a gravel entrance onto a paved County road, and it will have to be determined as to whether or not a culvert ARCADIS MEMORANDUM Municipality of Bayham – February 26, 2024 6 or other works are necessary for commercial truck/vehicle traffic. It is further understood that the County had no concerns with traffic volume/impact along Heritage Line. e) The proposed use will comply with the M.D.S. I, and adequate buffering shall be provided between the farm related industrial or commercial area and adjacent uses to prevent land use conflicts. Comment: As per Guideline #2 in the Minimum Distance Separation (MDS) Guidelines, it is understood that this use for importing, and sale of animal feed and fertilizers does not require MDS I setbacks. 15. Based on the analysis provided above, it is our opinion that the proposed Zoning By-law Amendment Application would conform to the Bayham Official Plan. Municipality of Bayham Zoning By-law 16. The subject property is currently zoned ‘Agricultural (A1)’ in the Municipality of Bayham Zoning By-law. Based on our review of the existing unauthorized use/business on the subject property, it is our opinion that this use is considered an “AGRICULTURAL SUPPLY ESTABLISHMENT”, which is defined in the Zoning By-law as follows: Shall mean the use of land and/or buildings or structures for the purpose of supply of goods, materials or services that are necessary to support agricultural uses as defined by this By-law. These shall include such goods and services as sale, processing and storage of seed, feed, fertilizer and chemical products, farm machinery and equipment sales and service, and animal and poultry health and breeding services. As per Section 5.2 of the Zoning By-law, the ‘A1’ Zone currently does not permit “AGRICULTURAL SUPPLY ESTABLISHMENT”, on the subject property. Therefore, a Zoning By-law Amendment is required to rezone the impacted portion of the site from the ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-1)’ Zone which permits this existing use. As mentioned throughout this Memo, the intent of this Zoning By-law Amendment is to permit an existing agricultural- related business/use for the importing and sale of animal feed and fertilizers for a Maximum Building Floor Area of 550.0 m2. The Maximum Building Floor Area of 550.0 m2 would be implemented as a Site-Specific Exception. 17. The proposed Zoning By-law Amendment would also limit the permitted uses to only the “AGRICULTURAL SUPPLY ESTABLISHMENT” to ensure that no other FC Zone uses are proposed on the site that have not been reviewed or contemplated by the Municipality. This would be implemented as a Site-Specific Exception. ARCADIS MEMORANDUM Municipality of Bayham – February 26, 2024 7 18. Based on the preliminary Site Plan submitted by the applicant, it is our understanding that this proposal would meet all provisions of the FC Zone and applicable zoning regulations. It should be noted that all calculations pertaining to the zoning provisions include the existing and proposed expansion of the use. The proposed Maximum Building Floor Area of 550.0 m2 only represents a Lot Coverage of 10% within the approximate 0.54 hectares to be rezoned on the subject property. The FC Zone permits a Maximum Lot Coverage of 30%, therefore, the applicant would ultimately be proposing a Lot Coverage that is 20% below the permitted limit. This Site-Specific Exception to permit a Maximum Building Floor Area of 550.0 m2 would therefore ensure that the business maintains a scale that is contemplated and supported by the Elgin County Official Plan and Bayham Official Plan. The proposed 10 off-street parking spaces (one being a Type ‘A’ accessible parking space) for customers and employees would meet the minimum parking requirements outlined in Section 4.32 of the Zoning By-law for the retail and warehouse components of this use. One (1) loading space is also provided on the subject property for deliveries. Therefore, Staff have no objection to the proposed Zoning By-law Amendment. Conclusion and Recommendations 19. Based on our review, we have no objection to the requested Zoning By-law Amendment Application to rezone a portion of the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-1)’ Zone to permit an existing agricultural-related business/use for the importing and sale of animal feed and fertilizers for a Maximum Building Floor Area of 550.0 m2. As noted throughout this Memo, a subsequent Site Plan Application will be required should the Zoning By-law Amendment be approved by Council. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z769-2024 SILVERTHORN 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. 6 by changing the zoning symbol on the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-1)’ Zone, which lands are outlined in heavy solid lines and marked “FC-1” on Schedule “A” Map No. 6 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 13.10 Exceptions – Farm Commercial (FC) Zone by adding the following clauses: 13.10.1.1 Defined Area FC-1 as shown on Schedule “A” Map No. 6 to this By-law. 13.10.1.2 Permitted Uses Agricultural Supply Establishment 13.10.1.3 Permitted Buildings and Structures Buildings and Structures for the permitted use. 13.10.1.4 Maximum Building Floor Area 550.0 m2 3) 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 7TH DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF MARCH 2024. MAYOR CLERK Z769-2024 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: March 7, 2024 REPORT: DS-09/24 FILE NO. C-07 / D13.UNDE Roll # 3401-000-008-07700 SUBJECT: Rezoning Application ZBA-02/24 Underhill, R & L 54190 Vienna Line Draft Zoning By-law No. Z770-2024 BACKGROUND Appointed Agent Logan Burnett, Harrison Pensa, submitted a rezoning application on behalf of owners Randy and Linda Underhill to rezone their property at 54190 Vienna Line, north side and west of Woodworth Road. The property is designated as “Agriculture” and “Natural Gas Reservoir” on Schedule ‘A1’ Land Use in the Official Plan and zoned “Agricultural (A1) Schedule ‘A’ Map No. 10 in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law No. Z456-2003. The proposed severed lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-49)’ Zone to recognize the existing minimum Front Yard Depth of 10.5 metres. The proposed retained lot is to be rezoned from ‘A1’ to ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The effect of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E4-23. The public meeting was held on February 15, 2024 with no signed in attendees and no written public submissions. DISCUSSION Staff Report DS-13/23 regarding the Consent Application E4-23 with the planner’s memorandum, dated March 9, 2023, was presented and considered on March 16, 2023. The Staff Report DS-09/24 Underhill R L 2 Elgin Land Division Committee granted the consent on March 22, 2023 including a condition to rezone both the severed and retained parcels. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the severed parcel from Agricultural (A1) to Site-specific Rural Residential (RR-49) to recognize the minimum front yard depth of 10.5 metres for the existing dwelling and the retained agricultural lands from Agricultural (A1) to Special Agricultural (A2) to prohibit new dwellings. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-02/24 Underhill, R & L 2. Draft Zoning By-law No. Z770-2024 RECOMMENDATION THAT Report DS-09/24 regarding the Underhill rezoning application ZBA-02/24 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 February 15, 2024 associated with this application, there were no attendees, no oral presentations and no written submissions 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 3 Lot 5, known municipally as a 54190 Vienna Line, from Agricultural (A1) to Special Agricultural (A2) on the retained lands, and from Agricultural (A1) Zone to a Site-specific Rural Residential (RR-49) Zone on the severed lands as a condition of Consent E4-23 to permit the severance of a surplus farm dwelling and in accordance with Municipality of Bayham’s Official Plan policies; AND THAT Zoning By-law No. Z770-2024 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z770-2024 UNDERHILL, R & L 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. 10 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to a site-specific Rural Residential (RR-49) zone, which lands are outlined in heavy solid lines and marked “RR-49” on Schedule “A” Map No. 10 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 Exceptions – Rural Residential (RR) Zone by adding the following clauses: 7.13.49.1 Defined Area RR-49 as shown on Schedule “A”, Map No. 8 to this By-law. 7.13.49.2 Minimum Front Yard Depth 10.5 metres for the existing dwelling. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 10 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to a Special Agriculture (A2) zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 10 to this By-law, which schedule is attached to and forms part of this By-law. 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 7TH DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF MARCH 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: March 7, 2024 REPORT: DS-10/24 FILE NO. C-07 / D13.WALL Roll # 3401-000-008-10600 SUBJECT: Rezoning Application ZBA-03/24 Wall, S 6780 Richmond Road Draft Zoning By-law No. Z771-2024 BACKGROUND Owner Sara Wall has submitted a rezoning application to rezone a property at 6780 Richmond Road, east side, north of Calton Line in the hamlet of Calton. The property is designated as “Hamlet” in Schedule ‘A1’ – Land Use in the Official Plan and zoned “Institutional” (I) in Schedule ‘G’ – Calton in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Institutional (I)’ Zone to ‘Site-specific Hamlet Residential (HR-13)’ Zone to recognize the existing Rear Yard Depth of 8.0 metres, whereas 9.0 metres is the minimum required in the HR Zone, and to permit and develop two (2) residential dwelling units, one (1) being an Additional Residential Unit (ARU), within the existing building/structure on the subject property. The effect of this By-law will be to permit the development of two (2) residential dwelling units, one (1) being an Additional Residential Unit (ARU), within the existing building/structure on the subject property. The public meeting was held on February 15, 2024 with no signed in attendees, no persons speaking to the application, and no written public submissions. DISCUSSION The planner’s memorandum, dated February 15, 2024, provides an analysis of the zoning amendment application against the Bayham Official Plan and Zoning By-law. The requested amendment will rezone the parcel from institutional to residential to allow the owner to reside in what once was a church. Staff Report DS-10/24 Wall 2 Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning to change from Institutional (I) to site-specific Hamlet Residential (HR-13). STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-03/24 Wall 2. Arcadis Memorandum, dated February 15, 2024 3. Draft Zoning By-law No. Z771-2024 RECOMMENDATION THAT Report DS-10/24 regarding the Wall rezoning application ZBA-03/24 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 February 15, 2024 associated with this application, there were no written submissions and no oral presentation 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 at 6780 Richmond Road in the hamlet of Calton, from ‘Institutional (I)’ to ‘Site-specific Hamlet Residential (HR-13)’ to recognize the existing Rear Yard Depth of 8.0 metres and to permit two (2) residential dwelling units, one (1) being an Additional Residential Unit (ARU), within the existing building/structure on the subject property; AND THAT Zoning By-law No. Z771-2024 be presented to Council for enactment. 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 February 15th, 2024 From Christian Tsimenidis, BES Project No 3404-929 cc William Pol, MCIP, RPP Subject Sara Wall - Application for Zoning By-law Amendment ZBA-03- 24, 6780 Richmond Road, Calton Background 1. We have completed our review of the application for Zoning By-law Amendment submitted by Sara Wall for 6780 Richmond Road, east side and north of Calton Line, in the Hamlet of Calton. The applicant is requesting an amendment to change the zoning regulations from ‘Institutional (I)’ Zone to a ‘Site-Specific Hamlet Residential (HR-13)’ Zone to recognize the existing Rear Yard Depth of 8.0 metres and to permit two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. It is understood that the intent of this rezoning is to renovate and convert the interior of the existing church building for the purpose of a residential use. 2. The lands are currently designated as ‘Hamlet’ in Schedule ‘A1’ - Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Institutional (I)’ in Schedule ‘G’ - Calton in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 3. The subject property has a lot area of approximately 2,023.0 m2 (0.20 ha.), estimated lot frontage of 40.3 metres (132.2 feet), and a lot depth of 50.3 m (165.0 feet). The subject property comprises of an existing church with an addition attached to the rear. The exterior of existing church will remain as it exist today, as it is understood the applicant is not proposing any physical alterations to the exterior building/structure on-site, only the interior. An existing gravel driveway off of Calton Line is currently used to access the subject property and remain unaltered. The subject property is currently serviced by private well and private septic system being located in the Hamlet of Calton, which will remain unaltered as a result of this application. 4. The subject property is surrounded by existing low-rise residential dwellings to the north and west that consist of parcels similar in size and shape to the site. To the immediate south and east is an existing institutional property, specifically known as the “Calton Mennonite Church”. The Hamlet of Calton can be described as a ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 2 predominantly residential hamlet with limited commercial and institutional uses scattered throughout. Based on the surrounding land uses, it is our opinion that the proposed rezoning of the subject lands to permit residential development within the existing building is compatible with the neighbourhood. Public Comments 5. A statutory Public Meeting was held on February 1st, 2024, and it is understood that no written or verbal feedback from the public was received. Municipality of Bayham Official Plan 6. The Bayham Official Plan designates the subject property as ‘Hamlet’ in Schedule ‘A1’ – Land Use. As per Section 4.4.1.2 of the Official Plan, the ‘Hamlet’ designation permits a broad range of uses, including residential dwellings, variety stores, public garages, schools, churches and small scale commercial and industrial uses. Section 4.4.2.1 of the Official Plan further states that the principal land use function of ‘Hamlets’ shall be for clusters of non-farm residential development in the form of single detached dwellings, and other low or medium density types of dwellings. Comment: The proposed residential conversion of the existing church would be in keeping with Section 4.4.2.1 of the Official Plan where residential development is considered the principal land use function in ‘Hamlets’ and that low density residential development, such as this proposal for two (2) dwelling units, is encouraged and supported. 7. Section 4.4.1.1 of the Official Plan also provides “General” policy direction with respect to the ‘Hamlet’ designation, stating that, “ …The intended function of the “Hamlets” in this Plan is to remain as small dormitory clusters, providing limited commercial, industrial and institutional services to the immediate surrounding area. The policy of this Plan is to restrict major residential development (more than 5 lots) wherever municipal services are not available, while allowing future growth on the basis of infilling and in accordance with the Hamlet boundaries as depicted on Schedule “A1” Comment: The proposed residential conversion of the existing church represents compatible infill development that makes efficient use of existing underutilized lands within the settlement boundary of Calton and will utilize existing private servicing. Further, based on the above noted policy, the existing Hamlet of Calton will still maintain and provide limited institutional services, as the existing Calton Mennonite Church to the south will be available for members of the community and surrounding area. In other words, an institutional use will still be available in the Hamlet of Calton. ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 3 8. Section 4.2.2.1 of the Official Plan provides additional direction with respect to “General Policies Applicable to all Settlement Area”, specifically residential uses as follows: This Plan encourages new residential development to consolidate with the existing settlement areas listed in subsection 4.1 of the Plan by filling in the vacant areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. Similar to the above, Section 7.1.2.2 of the Official Plan also provides “Community Improvement Goals and Objectives” with respect to residential uses as follows: To encourage infilling in established residential neighbourhoods and under- developed areas designated for such land use so as to maintain the relatively compact configuration of development within the Hamlets and Villages; Comment: The proposed residential conversion of the existing church will maintain and consolidate residential development within the existing settlement area of Calton, specifically providing housing on an underutilized parcel that is not occupied. The proposed residential infill development will be adjacent to the existing low density residential uses in the surrounding area, notably along Richmond Road, which is compatible with the neighbourhood. 9. Based on the analysis provided above, it is our opinion that the proposed Zoning By-law Amendment Application would conform to the Bayham Official Plan. Municipality of Bayham Zoning By-law 10. The subject property is currently zoned ‘Institutional (I)’ in Municipality of Bayham Zoning By-law. As per Section 24.1 of the Zoning By-law, the ‘I’ Zone does not permit stand-alone residential dwellings not supported by an institutional use and that only staff dwellings forming an integral part of the primary institutional use shall be permitted. Given that the applicant does not intend to maintain the institutional use and is seeking to develop the interior of the church building solely for residential purposes, a Zoning By-law Amendment is required. 11. The intent of this proposed Zoning By-law Amendment is to rezone the subject property from ‘Institutional (I)’ Zone to a ‘Site-Specific Hamlet Residential (HR-13)’ Zone to recognize the existing Rear Yard Depth of 8.0 metres and to permit two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. This proposal would otherwise meet all zoning provisions of the HR Zone. It is further understood that the existing driveway can accommodate the required three (3) parking spaces for the proposal. 12. As mentioned throughout this Memo, the applicant/owner is not proposing any physical alterations to the exterior of the existing building on the subject property, but rather renovating and/or converting the interior to support two (2) dwellings. The ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 4 proposed Additional Residential Unit would also be permitted as-of-right according to Section 4.59 of the Zoning By-law. Details pertaining to the interior of the building with respect to the primary dwelling and Additional Residential Unit will be confirmed during the Building Permit Application stage. Therefore, Staff have no objection to the proposed Zoning By-law Amendment. Conclusion and Recommendations 13. Based on our review, we have no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Institutional (I)’ Zone to a ‘Site-Specific Hamlet Residential (HR-13)’ Zone to recognize the existing Rear Yard Depth of 8.0 metres and to permit two (2) residential dwelling units, one (1) being an Additional Residential Unit, within the existing building/structure on the subject property. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z771-2024 WALL 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 “G” (Calton) by changing the zoning symbol on the subject property from ‘Institutional (I)’ Zone to a ‘Site-Specific Hamlet Residential (HR-13)’ Zone, which lands are outlined in heavy solid lines and marked “HR-13” on Schedule “G” (Calton) 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 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses: 9.12.13.1 Defined Area HR-13 as shown on Schedule “G” (Calton) to this By-law. 9.12.13.2 Minimum Rear Yard Depth 8.0 metres for the existing building. 3) 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 7TH DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF MARCH 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: March 7, 2024 REPORT: DS-11/24 FILE NO. C-07 / D13.GRAH Roll # 3401-000-005-15800 SUBJECT: Rezoning Application ZBA-04/24 Graham, Y 11693 Elliott Road Draft Zoning By-law No. Z772-2024 BACKGROUND Owner Yorke Graham has submitted a rezoning application to rezone his property at 11693 Elliott Road, west side and north of Talbot Line (Highway 3). The property is designated as “Specific Policy Area No. 1 – Elliott Road” on Schedule ‘A1’ Land Use in the Official Plan and zoned Agricultural (A1) Schedule ‘A’ Map No. 2 in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property as a result of a severance for the creation of new residential lot, in Zoning By-law No. Z456-2003. Both the proposed retained and severed lot are to be rezoned from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone. The effect of this By-law will be to recognize the residential nature of the retained lot and the newly created severed lot for a future dwelling, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E33-23. The public meeting was held on February 15, 2024 with no signed in attendees and no written public submissions. DISCUSSION Staff Report DS-35/23 regarding the Consent Application E33-23 along with the planner’s memorandum, dated May 11, 2023, was presented and considered on June 1, 2023. The Elgin Land Division Committee conditionally granted the consent on June 28, 2023 including a condition to rezone both the severed and retained parcels. The consent application was in the name of Melvin and Calvin Baldwin, however, the property was sold to Yorke Graham and he continues as the owner to complete the severance process. Staff Report DS-11/24 Graham 2 Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on both the severed and retained parcels from Agricultural (A1) to Rural Residential (RR). STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-04/24 Graham 2. Draft Zoning By-law No. Z772-2024 RECOMMENDATION THAT Report DS-11/24 regarding the Graham rezoning application ZBA-04/24 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 February 15, 2024 associated with this application, there were no attendees, no oral presentations and no written submissions 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 Lot 15 Concession 10, known municipally as a 11693 Elliott Road, from Agricultural (A1) to Rural Residential (RR) on both the severed and retained as a condition of Consent E33-23 to permit the creation of a new lot; AND THAT Zoning By-law No. Z772-2024 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z772-2024 GRAHAM 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. 2 by changing the zoning symbol on the subject property from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone, which lands are outlined in heavy solid lines and marked “RR” on Schedule “A” Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 2) 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 7th DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF MARCH 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: March 7, 2024 REPORT: DS-12/24 FILE NO. C-07/ D07.UNDE Roll # 3401-000-008-09800 SUBJECT: Official Plan Amendment OPA-01/24 Underhill Farms Ltd. 55032 Vienna Line Draft Official Plan Amendment No. 36 BACKGROUND Appointed Agent Logan Burnett, Harrison Pensa LLP, has submitted an Official Plan Amendment application on behalf of owner Underhill Farms Ltd. proposing a site-specific official plan amendment on lands known municipally as 55032 Vienna Line located on the north side, east of Brown Road in Concession 3 Part Lot 10. 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 Official Plan Section 2.1.7.1. The effect of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was held on February 15, 2024 in the Council Chambers, 56169 Heritage Line, in Straffordville. There were no presentations and no oral or written public submissions. DISCUSSION The owner wishes to sever an existing dwelling made surplus through farm consolidation that does not conform to Official Plan Section 2.1.7.1 that currently requires “where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership”. DS-12/24 Underhill Farms 2 The attached municipal planner’s memorandum, dated February 15, 2024, provides the details and rationale for the recommendation to adopt Official Plan Amendment (OPA) No. 36. The draft OPA is attached to this Report for consideration. Should Council adopt the OPA, it will then be forwarded to the approval authority, County of Elgin, for consideration. Following the approval of the OPA, the Applicant plans to submit a consent application to sever the dwelling from the lands. Municipal recommended consent conditions will include a zoning amendment to meet the Official Plan policies for the severance of surplus farm dwellings. STRATEGIC PLAN Not Applicable. APPENDICES 1. OPA-01/24 Official Plan Amendment Application 2. Arcadis Memorandum, dated February 15, 2024 3. Draft By-law No. 2024-011 Official Plan Amendment No. 36 RECOMMENDATION THAT Staff Report DS-12/24 regarding the Official Plan Amendment Application OPA-01/24 submitted by Underhill Farms Ltd. 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 February 15, 2024 associated with this application, there were no presentations and no oral or written 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 add a site-specific text section to the Official Plan to be consistent with the Provincial Policy Statement 2020, and in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan; AND THAT By-law No. 2024-011 being an adopting By-law for Official Plan Amendment No. 36, for the purpose of adding a new site-specific sub-section to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation that does not conform to Official Plan Section 2.1.7.1, be presented for enactment; AND THAT adopted Official Plan Amendment No. 36 be forwarded to the County of Elgin for approval. 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 February 15, 2024 From Christian Tsimenidis, BES Project No 3404 - 886 cc William Pol, MCIP, RPP Subject Official Plan Amendment Application - Underhill Farms Ltd. for lands located at 55032 Vienna Line _____________________________________________________________ 1. The Municipality of Bayham has received Official Plan Amendment Application OPA 01-24 from Logan Burnett (Harrison Pensa LLP) on behalf of Underhill Farms Ltd. (hereafter referred to as the “Owner”) 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 Section 2.1.7.1. Currently, Section 2.1.7.1 requires that where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership. 2. It is understood the subject lands were previously merged as a result of a farm consolidation where three (3) distinct parcels existed, each containing a residential dwelling. It is understood that two of the three residential dwellings were previously severed in 2003, and that the applicant is seeking to sever the third residential dwelling on the remanent agricultural parcel that has existed since 1996. As such, the purpose of the Official Plan Amendment would be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. This would facilitate a future Consent application to sever the existing dwelling. 3. It should also be noted that a Consent Application (E5-23) was previously submitted to the Elgin County early 2023 prior to this Official Plan Amendment Application, however, the Consent Application was deferred by the County of Elgin Land Division Committee on March 22, 2023, pending approval of the requisite amendment to the Municipality of Bayham Official Plan. As such, should this OPA be adopted by Council and approved by Elgin County, the deferred Consent Application E5-23 would be brought back to the LDC for a decision. Site Context and Proposed Use 4. The subject lands are located on the north side of Vienna Line, west of Brown Road. The lands are legally identified as Part Lot 10, Concession 3 and known municipally as 55032 Vienna Line. The subject lands have an approximate lot area of 118 ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 2 hectares (291 acres), an estimated lot frontage of 967 metres (3,172 feet) along Vienna Line, and a lot depth of 1,250 metres (4,101 feet). The subject lands are characterized as a farmed parcel with a residential dwelling, pool to the rear of the residential dwelling, and accessory barn and concrete pad associated with the existing agricultural operations. Several accessory buildings pertaining to the agricultural operations are also located further west from the existing residential dwelling, notably towards centre of the subject lands and furthest point west. 5. The subject property is designated as ‘Agriculture’ and portions of ‘Natural Gas Reservoir’ as per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official Plan and are currently zoned Agricultural (A1) on Schedule ‘A1’ Map No. 11 of the Municipality of Bayham Zoning By-law Z456-2003. The surrounding lands are agricultural in all directions, with several existing rural residential lots adjacent to the subject property and along Vienna Line. 6. As previously mentioned, this proposal is to facilitate the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. Ultimately, the future severance would result in the creation of a new residential lot comprising of the existing single-detached dwelling and pool to the rear of the dwelling. The proposed severed lot would have a lot frontage of 75.9 metres (249.0 feet), a lot depth of 61.7 metres (202.4 feet), and lot area of 0.40 hectares (0.988 acres). An existing paved driveway with access onto Vienna Line currently serves the existing residential dwelling to be severed. 7. The proposed retained lot for the existing agricultural operations, consisting of the barn and accessory structures, would have sufficient lot frontage and area. An existing unpaved access currently serves the existing barn and agricultural operations to be retained. Public Comments 8. A statutory Public Meeting was held on February 1st, 2024, and it is understood that no written or verbal feedback from the public was received. Provincial Policy Statement 9. The Provincial Policy Statement, 2020 (hereafter “PPS”) Section 2.3.4 Lot Creation and Lot Adjustments indicates that lot creation in prime agricultural areas is discouraged and is only permitted for: c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and Comment: The proposed severed lot is no larger than necessary to meet the minimum size needed to accommodate existing septic system and has ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 3 adequate servicing according to the documentation provided by the applicant. It is understood that the subject property is also serviced by municipal water system. 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective. Comment: Should the OPA be adopted by Council and approved by Elgin County, the Consent Application would be conditional on rezoning the retained lands to a ‘Special Agriculture (A2)’ Zone to prohibit new dwellings. Therefore, it is our opinion that the proposed Official Plan Amendment is consistent with the PPS to facilitate the creation of a future lot by way of Consent Application and future Zoning By-law Amendment Application. Elgin County Official Plan 10. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), policies for Consent and Lot Creation on Lands in the Agricultural Area are found in Section E1.2.3 (New Lots by Consent). Section E1.2.3 indicates that proposals for Consent shall be in conformity with the relevant policies in the Elgin OP, the local Official Plan and the provisions of the Planning Act. Elgin County OP Section E1.2.3.1 provides further direction with respect to the general criteria that consent applications shall address as follows: Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Prior to issuing provisional consent for a new lot for any purpose, the approval authority shall be satisfied that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained on a year-round basis; Comment: The proposed severed and retained lots have adequate frontage on Vienna Line. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County permits a request for access; Comment: Vienna Line is not identified as a Provincial Highway or County Road. The applicant will utilize the existing accesses for the proposed severed and retained lots. c) will not cause a traffic hazard; ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 4 Comment: The proposed severance will not cause a traffic hazard, as the existing accesses to the dwelling and agricultural operations will remain unaltered as they exist today. d) has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law; Comment: The proposed severed and retained lots will meet the minimum lot area and frontage requirements in the Bayham Zoning By-law for the future RR and A2 Zone. e) notwithstanding d) above, where a zoning by-law amendment or minor variance is required, approval of such amendment or variance shall be included as a condition of the approval of the consent; Comment: As a Condition of Approval during the Consent Application stage, the applicant would be required to rezone the proposed severed and retained lots. Please see Paragraph 12 of this Memo below. f) can be serviced with an appropriate water supply and means of sewage disposal, provided there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services; Comment: The owner/applicant provided supporting private septic servicing information as part of the previous Consent Application submission, stating that the existing septic system is in adequate condition for the proposed severed lot. The applicant has also indicated that the proposed severed lot would continue to utilize existing municipal water servicing. g) will not have a negative impact on the drainage patterns in the area; Comment: There are no significant physical changes to the lands proposed, therefore, no negative impacts to drainage patterns are anticipated. h) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Comment: The proposed consent will not restrict the development of the retained lands (or other parcels), as the existing accesses will remain unaltered. i) will not have a negative impact on the significant features and functions of any natural heritage feature; in this regard, lots should be restricted in size ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 5 in order to conserve other lands in larger blocks for natural heritage purposes; Comment: The proposed severed lot is not impacted by natural heritage features. j) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Comment: The proposed severed lot would continue to utilize existing municipal water servicing. k) will not have an adverse effect on natural hazard processes such as flooding and erosion; Comment: The proposed severance does not propose any significant physical changes to the subject lands, as the existing buildings/structures and agricultural operations will remain as they exist today. Therefore, no adverse impacts are anticipated. l) conform with the local Official Plan; and, Comment: The proposed severance currently does not conform to the Bayham Official Plan given that the purpose of this application would be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. Please see Paragraphs 11 of this Memo below for details. m) will conform to Section 51 (24) of the Planning Act, as amended. Comment: Section 51(24) of the Planning Act pertains to the consideration of a Draft Plan of Subdivision. Therefore, it is our opinion that the proposed Official Plan Application conforms to the Elgin County Official Plan as this proposal relates to the severance of a surplus farm dwelling as a result of a farm consolidation. Municipality of Bayham Official Plan 11. Bayham OP Section 2.1.7.1 Farm Consolidation and Surplus Farm Dwellings indicates that: In accordance with the Provincial Policy Statement 2014, farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation. Farm consolidation may result in the identification of existing farm dwellings that are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied a minimum of ten (10) years prior to the date of consent application, and which are ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 6 surplus to a consolidated farm operation, may be permitted within the “Agriculture” designation in accordance with the following criteria: In the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; Comment: The proposed OPA would facilitate a Consent to create a residential lot in the rural area. It is understood that the existing residential dwelling on the proposed severed lot would remain as it exists today. It is further understood that the existing agricultural operations on the proposed retained lot would remain. Therefore, given that the existing uses will remain unaltered, it is our opinion that this OPA and future Consent Application would not create land use conflicts. Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership; Comment: As previously mentioned, it is understood the subject lands were previously merged as a result of a farm consolidation where three (3) distinct parcels existed, each containing a residential dwelling. It is understood that two of the three residential dwellings were previously severed in 2003, and that the applicant is seeking to sever the third residential dwelling on the remanent agricultural parcel that has existed since 1996. Given that the single-detached dwelling on the proposed severed lot has existed since 1996 (more than 10 years) and was not built within recent years as a “purpose-built” dwelling for a future severance, it is our opinion that the Official Plan Amendment to add a new site-specific sub-section to permit the severance of an existing dwelling made surplus through farm consolidation is appropriate. It is our opinion that the proposal to sever the third residential dwelling from the subject property as a result of a farm consolidation is consistent with the Provincial Policy Statement and conforms to the Elgin County Official Plan and Bayham Official Plan. A minimum of one existing dwelling within the Municipality of Bayham must be retained by the proponent farm operation, or a registered owner of the proponent farm operation. Comment: It is understood that the owner has a principal residence located within the Municipality of Bayham. ARCADIS MEMORANDUM Municipality of Bayham – February 15, 2024 7 Notwithstanding Section 2.1.7.1 of the Official Plan, it is our opinion that the proposed Official Plan Amendment is appropriate to facilitate the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. Municipality of Bayham Zoning By-law 12. The subject lands are zoned Agriculture (A1) on Schedule A Map No. 11 in Municipality of Bayham Zoning By-law Z456-2003. Should the OPA be adopted by Council and approved by Elgin County, the Consent Application would be conditional on rezoning the retained lands to a Special Agriculture (A2) zone to prohibit new dwellings and the severed lands would need to be rezoned to a Rural Residential (RR) Zone. At the time of the Consent Application, the specifics of the Zoning By-law Amendment will be included in the comments/Memo. Recommendation: 13. We have no objection to the proposed Official Plan Amendment to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. Draft OPA No. 36 was prepared and enclosed for Council’s consideration. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham AMENDMENT NO. 36 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Underhill Farms Ltd. 55032 Vienna Line The following text constitutes Amendment No. 36 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. 2024-011, in accordance with Section 17 of the PLANNING ACT, on the 7th day of March 2024. MAYOR CLERK BY-LAW NO. 2024-011 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. 36 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. 36 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 7th day of March 2024. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 36 1. PURPOSE 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 Section 2.1.7.1. Currently, Section 2.1.7.1 requires that where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership. As such, the purpose of the Official Plan Amendment would be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. This would facilitate a future Consent application to sever the existing dwelling. 2. LOCATION The Official Plan Amendment will be applicable to lands known as Part Lot 10, Concession 3 and known municipally as 55032 Vienna Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with a residential dwelling, pool to the rear of the residential dwelling, and accessory barn and concrete pad associated with the existing agricultural operations. Several accessory buildings pertaining to the agricultural operations are also located further west from the existing residential dwelling, notably towards centre of the subject lands and furthest point west. The subject lands are located at 55032 Vienna Line, north side, and west of Brown Road. The subject lands have an approximate lot area of 118 hectares (291 acres), an estimated lot frontage of 967 metres (3,172 feet) along Vienna Line, and a lot depth of 1,250 metres (4,101 feet). The existing paved driveway with access onto Vienna Line currently serves the existing residential dwelling to be severed. The existing unpaved access currently serves the existing barn and agricultural operations on the proposed retained lot. The agricultural lands have sufficient frontage onto Vienna Line. The surrounding lands are agricultural in all directions, with several rural residential lots along Vienna Line not supported by agricultural operations. The Provincial Policy Statement, 2020 and the Elgin County Official Plan permit surplus farm dwelling severances where appropriate and where new residential dwellings are prohibited, which in the Municipality of Bayham is accomplished by way of Conditions of the Consent to have the owners obtain Zoning By-law Amendment approval from the Municipality. Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, the Bayham Official Plan only permits one dwelling and one severance of a surplus farm dwelling. It is understood the subject lands were previously merged as a result of a farm consolidation where three (3) distinct parcels existed, each containing a residential dwelling. It is understood that two of the three residential dwellings were previously severed in 2003, and that the applicant is seeking to sever the third residential dwelling on the remnant agricultural parcel that has existed since 1996. Given the length of time the residential dwelling has existed on the subject lands and is no longer required by the owner as a result of a previous farm consolidation, therefore, specifically permitting the requested surplus farm dwelling severance by way of new policy text section indicating the location of the lands and permission for the severance would be in conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.7.9 Notwithstanding Section 2.1.7.1, the dwelling located in Part Lot 10, Concession 3 and known municipally as 55032 Vienna Line, and existing as of February 2024, may be severed as a surplus farm dwelling, where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the farm parcel as a result of a farm consolidation. REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: March 7, 2024 REPORT: DS-13/24 FILE NO. C-07 SUBJECT: Ministry of the Environment, Conservation and Parks (MECP) Permit-By-Rule Framework Proposal Summary for Municipality of Bayham Council BACKGROUND At its December 7, 2023 meeting, Council received a number of pieces of information correspondence, and passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 13.1.1 A – J be received for information; AND THAT staff be directed to report back to Council with further information surrounding item A. Item A was from Prince Edward County regarding Ministry of the Environment, Conservation and Parks, Expand Permit-By-Rule Proposal. DISCUSSION Municipal staff requested Arcadis to provide a Memorandum review of the Permit-By-Rule Proposal with the intention of providing additional information for Council. The planner’s memorandum, dated February 22, 2024, is attached for Council’s information. ATTACHMENT 1. Arcadis memorandum, dated February 22, 2024 Staff Report DS-30/23 County OPR 2 RECOMMENDATION THAT Report DS-13/24 regarding the MECP Permit-By-Rule Framework Proposal be received for information. 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 February 22, 2024 From Christian Tsimenidis, BES Project No 3404 cc Jeff Henry, M.A. Planning Subject Ministry of the Environment, Conservation and Parks Permit-by-Rule Framework Proposal Summary for Municipality of Bayham Council 1. On December 7, 2023, Council reviewed a resolution adopted by Prince Edward County Council regarding a Ministry of the Environment, Conservation and Parks (MECP) proposal to expand the use of the permit-by-rule framework to certain activities and directed municipal staff to provide further information. 2. Based on the following summary and information, Council could: a) adopt a resolution that it supports the Prince Edward County Council resolution, b) adopt its own resolution on the proposals, c) request that Staff monitor the proposals and advise Council of any decision, or d) take no further action. 3. The MECP provides up-front assessment and approvals of applications to undertake certain legislated and regulated activities that may pose a risk to human health and the environment. Applications for these activities are posted on the Environmental Registry of Ontario (ERO), typically for 30 days, permitting public review and comment prior to a decision being made by MECP. 4. The permit-by-rule framework was established under the Environmental Protection Act to enable certain activities deemed by the Ministry to be less complex and a lower risk to the environment to proceed immediately upon registration of the activity on the Environmental Activity and Sector Registry (EASR) without further Ministry review and without being posted on the ERO for public review and comment. ARCADIS MEMORANDUM Municipality of Bayham – February 22, 2024 2 5. Eligible activities under the permit-by-rule framework fall into either (a) an “assessed EASRs”, which require a qualified person (e.g. a licensed engineering practitioner) to prepare a technical assessment against established technical environmental outcomes, or (b) a “rules-based EASRs”, which require no technical assessment. In both cases, registered activities must comply with established rules and the Ministry retains the authority to audit and inspect. 6. The current MECP proposal is to expand the use of permit-by-rule to the following activities: waste management systems (including asbestos waste, biomedical waste, treated biomedical, hazardous waste, and liquid industrial waste), stormwater management works (including most private stormwater management works and low-impact development works), and certain water taking activities (including any quantity of temporary dewatering at construction sites and permanent dewatering from foundation drains up to 379,000 litres per day). Where activities are shifted to permit-by-rule, MECP also proposes to remove regulations regarding those activities from Source Protection Plans. 7. The MECP proposal also includes replacing sector-specific permit-by-rule regulations with one generic permit-by-rule regulation while also shifting the technical criteria from regulations to non-regulatory “codes of practice”. This aspect of the proposal provides greater flexibility for the Ministry to create and change the technical criteria without posting those changes for public review and comment on the ERO. 8. The MECP identifies the benefits of the proposals as streamlining approvals, reducing time, cost, and resources expended in seeking environmental permissions, potentially reducing the burden on housing and infrastructure projects. 9. The Prince Edward County Council resolution references concerns from the Quinte Conservation Authority that the proposed expansion of activities “may pose too much risk to drinking water and can pose threats to human health and the environment” and that the removal of up-front detailed review potentially weakens source water regulatory oversight. The resolution recommended that MECP not pursue the proposals. 10. The Canadian Environmental Law Association submission on the proposals dated October 30, 2023 also recommended that the MECP not pursue the proposals as, in their view, the activities “clearly pose a high risk to human health and the environment” contrary to the criteria for inclusion in the EASR, the proposals eliminate public participation rights for the activities, and cumulative impacts from water taking activities are not considered. The submission was endorsed by several environmental, conservation, and civil society organizations. ARCADIS MEMORANDUM Municipality of Bayham – February 22, 2024 3 11. The MECP proposal consists of four interrelated proposals on the Environmental Registry of Ontario (ERO numbers 019-6951, 019-6963, 019- 6928, and 019-6853) for a 60 day comment period ending October 30, 2023. As of February 22, 2024, no decisions on the proposals have been published on the ERO by the MECP. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham Township of Perry PO Box 70, 1695 Emsdale Road, Emsdale, ON P0A 1J0 PHONE: (705)636-5941 FAX: (705)636-5759 www.townshipofperry.ca February 26, 2024 Via Email The Honourable Doug Ford, Premier of Ontario Premier’s Office Room 281, Legislative Building, Queen’s Park Toronto, ON M7A 1A1 Dear Premier Ford, RE: Request to the Province to Amend Blue Box Regulation for ‘Ineligible’ Sources At their last regular meeting on Wednesday February 21, 2024, the Council of the Corporation of the Township of Perry supported the following: “Resolution #2024-52 Moved by: Paul Sowrey Seconded by: Jim Cushman Whereas under Ontario Regulation 391/21: Blue Box producers are fully accountable and financially responsible for their products and packaging once they reach their end of life and are disposed of, for ‘eligible’ sources only; And Whereas ‘ineligible’ sources which producers are not responsible for include businesses, places of worship, daycares, campgrounds, public-facing and internal areas of municipal-owned buildings, and not-for-profit organizations, such as shelters and food banks; And Whereas should a municipality continue to provide services to the ‘ineligible’ sources, the municipality will be required to oversee the collection, transportation, and processing of the recycling, assuming 100% of the costs; Be it resolved that the Council of the Corporation of the Township of Perry hereby request that the province amend Ontario Regulation 391/21: Blue …2 -2- Box so that producers are responsible for the end-of-life management of recycling products from all sources; And further that Council hereby request the support of all Ontario Municipalities; And further that this resolution be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Andrea Khanjin, Minister of the Environment, Conservation, and Parks, the Honourable Graydon Smith, MPP Parry Sound-Muskoka, and to all Ontario Municipalities. Carried.” Your attention to this matter is greatly appreciated. Sincerely, Beth Morton Clerk-Administrator BM/ec c.c. Honourable Andrea Khanjin, Minister of Environment, Conservation and Parks Honourable Graydon Smith, MPP Parry Sound-Muskoka All Ontario Municipalities January 31, 2024 The Honourable Doug Ford Premier of Ontario premier@ontario.ca DELIVERED VIA EMAIL RE: Rural and Small Urban Municipalities – Affordability of Water and Wastewater Systems Dear Premier Ford, Please be advised that at the Regular Council Meeting on January 31, 2024, The County of Renfrew passed the following resolution: WHEREAS the Provincial Policy Statement (PPS) (Section 1.6.6.2) states that municipal sewage services and municipal water services are the preferred form of servicing for settlement areas to support protection of the environment and minimize potential risks to human health and safety and that intensification and redevelopment within these settlement areas should be promoted; and WHEREAS the PPS (Section 2.2.1 (f)) states that planning authorities shall protect, improve, or restore the quality and quantity of water by implementing the necessary restrictions on development and site alternation to protect all drinking supplies and designated vulnerable areas, and protect, improve, or restore vulnerable surface and ground water, sensitive surface water features and sensitive groundwater features, and their hydrologic functions; and WHEREAS the PPS (Sections 2.2.1(h) and (i)) states that there is consideration of environmental lake capacity as well as stormwater management practices; and WHEREAS the Ministry of the Environment, Protection and Conservation (MECP) Procedural Guideline B-1-5 Policy 2 provision states that water quality which presently does not meet the Provincial Water Quality Objectives shall not be further degraded and all practical measures shall be undertaken to upgrade the water quality to the Objectives; and WHEREAS in 2014 the Township of Whitewater Region authorized Jp2gConsultants Inc. to undertake a Municipal Class Environmental Assessment (EA) for the purpose of evaluating viable options to upgrade the 1979 Cobden Wastewater Treatment Plant. This plant did not meet guidelines for effluent flow into Muskrat Lake and Cobden Wetland being highly sensitive, at-capacity, inland lake, and Provincial Significant Wetland (PSW) and acknowledged as one of 9 INTERNATIONAL DRIVE PEMBROKE, ON, CANADA K8A 6W5 613-735-7288 FAX: 613-735-2081 www.countyofrenfrew.on.ca Office of the County Warden the most eutrophic in the province. The plant had ongoing seasonal overflow events, and was operating at maximum capacity; and WHEREAS in 2018 the Council of the Township of Whitewater Region approved the construction of a new parallel mechanical system that would meet all provincial environmental and regulatory requirements including accommodating future growth. Federal and provincial contributions only covered 50% of the final construction costs, as there was no ability to renegotiate with federal and provincial partners once real costs were known. As a result, the balance of costs ($6M) was debentured over 30 years at interest rates that are slightly punitive to rural and small urban municipalities; and WHEREAS in 2019 the Council of the Township of Whitewater Region conducted a Water and Wastewater Rate Study that demonstrated the need for rate increases of over 100% to fund the new wastewater treatment plant construction debenture and the significantly increased operating costs for a parallel mechanical system. Rural and small urban municipalities experience very limited growth as federal and provincial policies heavily support growth in urban centers. As there are no other sources of available operational funding, rural and small urban municipalities are expected to fund the construction and operation of these state-of-the- art systems from existing property owners and nominal forecasted growth; and WHEREAS in 2023 the Township of Whitewater Region combined water and wastewater rates have risen to almost $3,000/year for its five hundred and eleven (511) users and are among the highest in the County of Renfrew and across the Province of Ontario. There are similarly high user rates in the Township of Madawaska Valley as a result of Provincial regulations and a small number of users. Other examples of rapidly increasing rates include the Towns of Deep River, Renfrew, Arnprior, Laurentian Hills, and Petawawa, and the Townships of Bonnechere Valley, Laurentian Valley and Killaloe, Hagarty and Richards, where significant upgrades in short periods of time are making rates unaffordable even with an increased number of users. NOW, THEREFORE BE IT RESOLVED THAT the Council of the County of Renfrew: Advocate to the provincial and federal levels of government to make them aware that rural and small urban water and wastewater systems are financially unsustainable; and Advocate to the Association of Municipalities of Ontario (AMO), the Rural Ontario Municipalities Association (ROMA) and the Federation of Canadian Municipalities (FCM) to examine if the unaffordability of water and wastewater system operational costs is systemic provincially and nationally. AND THAT a copy of this resolution be circulated to The Honourable Doug Ford, Premier of Ontario; the Honourable Kinga Surma, Minister of Infrastructure (Ontario); the Honourable Dominic LeBlanc, Minister of Intergovernmental Affairs, Infrastructure and Communities (Canada); the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Honourable Andrea Khanjin, Minister of the Environment, Conservation and Parks (Ontario), Cheryl Gallant, MP, Renfrew-Nipissing-Pembroke, John Yakabuski, MPP, Renfrew-Nipissing- Pembroke and Parliamentary Assistant to the Minister of the Environment, Conservation and Parks; AMO; ROMA; FCM; and all Municipalities in Ontario. If you have any questions regarding the above resolution, please do not hesitate to contact me. Sincerely, Peter Emon, Warden County of Renfrew warden@countyofrenfrew.on.ca cc: Honourable Kinga Surma, Minister of Infrastructure (Ontario) Honourable Dominic LeBlanc, Minister of Intergovernmental Affairs, Infrastructure and Communities (Canada) Honourable Paul Calandra, Minister of Municipal Affairs and Housing Honourable Andrea Khanjin, Minister of the Environment, Conservation and Parks (Ontario), Cheryl Gallant, MP, Renfrew-Nipissing-Pembroke John Yakabuski, MPP, Renfrew-Nipissing-Pembroke and Parliamentary Assistant to the Minister of the Environment, Conservation and Parks AMO; ROMA; FCM; and all Municipalities in Ontario. From the Office of the Clerk The Corporation of the County of Prince Edward T: 613.476.2148 x 1021 | F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca February 16, 2024 Please be advised that during the regular Council meeting of February 13, 2024 the following resolution regarding support for a review of the Ontario Works and Ontario Disability Support Program Financial Assistance Rates was carried. RESOLUTION NO. 2024-81 DATE: February 13, 2024 MOVED BY: Councillor Roberts SECONDED BY: Councillor Hirsch WHEREAS poverty is taking a devastating toll on communities, undermining a healthy and prosperous Ontario, with people in receipt of Ontario Works and Ontario Disability Support Program being disproportionately impacted; WHEREAS the cost of food, housing, medicine, and other essential items have outpaced the highest inflation rates seen in a generation; WHEREAS people in need of social assistance have been legislated into poverty, housing insecurity, hunger, poorer health, their motives questioned, and their dignity undermined; WHEREAS Ontario Works (OW) Financial Assistance rates have been frozen since 2018 ($733 per month); WHEREAS Ontario Disability Support Program (ODSP) benefit rates have been increased by 6.5 per cent as of July 2023 to keep up with inflation, however even with the increase, ODSP rates still fall below their value in 2018 ($1,376 when adjusted for inflation) and significantly below the disability-adjusted poverty line ($3,091 per month) WHEREAS OW and ODSP rates do not provide sufficient income for a basic standard of living and, as a result, hundreds of thousands of people across Ontario who rely on these programs live in poverty; WHEREAS the poverty risk profile for Prince Edward County created by Vital Signs states that 10.1% - 13.5% of County residents are living on low income; From the Office of the Clerk The Corporation of the County of Prince Edward T: 613.476.2148 x 1021 | F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca WHEREAS designated Service Managers are doing their part, but do not have the resources, capacity, or tools to provide the necessary income and health related supports to people experiencing poverty; and WHEREAS leadership and urgent action is needed from the Provincial Government to immediately develop, resource, and implement a comprehensive plan to address the rising levels of poverty in Ontario, in particular for those on Ontario Works and Ontario Disability Support Programs; THEREFORE BE IT RESOLVED THAT the Council of Prince Edward County joins the Town of Orangeville to calls on the Provincial Government to urgently: a) At least double Ontario Works and ODSP rates and index rates to inflation, answering calls already made by “Raise the Rates” campaign and the “Income Security Advocacy Centre”; b) Commit to ongoing cost of living increases above and beyond the rate of inflation to make up for the years they were frozen; c) Commit to jointly working between the Ministry of Children, Community, and Social Services and the Ministry of Health on the best methods of assessing client needs and then matching those in need to the services they require; AND FURTHER THAT a copy of this resolution be sent to the Minister of Children, Community, and Social Services, the Minister of Health, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, the Ontario Municipal Social Services Association, Prince Edward Lennox and Addington Social Services, the Eastern Ontario Wardens Caucus, and all Ontario Municipalities. CARRIED Yours truly, Catalina Blumenberg, CLERK cc: Mayor Steve Ferguson, Councillor Roberts, Councillor Hirsch, and Marcia Wallace, CAO ConnectMyHealth is this region's new patient portal that can provide you with access to your health records from participating healthcare facilities in Ontario, and help empower your health journey. You will be able to view various types of health records, including radiology reports and images, laboratory and microbiology results, hospital discharge summaries, and more! Using ConnectMyHealth, you can subscribe to be notified by email when you have new results available from participating healthcare facilities, share your health records with family and care partners, and view your upcoming hospital appointments. ConnectMyHealth is safe and secure, and can be used on desktop/laptop computers or mobile devices. ConnectMyHealth doesn't require an app be downloaded, and there is no cost to use it. Looking to access your health records online? Learn more about ConnectMyHealth! What Is ConnectMyHealth? Visit https://info.ConnectMyHealth.ca, or scan the QR code for more information, including how to register for your account REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: March 7, 2024 REPORT: CAO-04/24 SUBJECT: HOUSING ENABLING WATER SYSTEMS FUND (HEWSF) APPLICATION – EDEN PUMPING STATION EXPANSION BACKGROUND At its September 1, 2022 meeting, Council received Report PS-15/22 re Sanitary Sewage Capacity Study and Proposed Upgrades. The Report identified that CJDL Consulting Engineers (CJDL) is well-versed in previous sanitary capacity studies in Bayham, having completed a recent update in 2020; however, due to increased development pressure, a recommendation was brought forward to Council to revisit the capacity study. Council passed the following motion: Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report PS-15/22 re Sanitary Sewage Capacity Study Update and Proposed Upgrades be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham accept the Engineering Proposal from CJDL Consulting Engineers to update the sanitary sewage capacity study and proposed system upgrades in the amount of $11,000 plus HST to be funded from the Sewage Works Reserve Fund. At its December 1, 2022 meeting, Council received a presentation and supporting documentation from CJDL in support of this capacity review. A number of bottlenecks and potential upgrades on the sanitary system were suggested, including expansion at the Eden Pumping Station. Council passed the following motion: Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the presentation from CJDL re Sanitary Pumping Station Capacity Study be received for information. At its June 15, 2023 meeting, Council received a presentation and supporting documentation from CJDL regarding a Proposal for the Design and Implementation of the Capacity Upgrades to the Eden Sanitary Pumping Station. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the presentation from CJDL Consulting Engineers re Design and Implementation of the Capacity Upgrades to the Eden Sanitary Pumping Station Proposal be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham sole-source the Design and Implementation of the Capacity Upgrades to the Eden Sanitary Pumping Station to CJDL Consulting Engineers based on their Proposal and with an approved upset limit of $78,570.12, inclusive of HST; AND THAT the above-noted project be funded from the Wastewater Reserve and Environmental Reserve. Since the June 15, 2023 meeting, staff have been working with CJDL on the Environmental Assessment and design process for the pumping expansion. In late 2023, the Ontario government announced the establishment of the Housing Enabling Water Systems Fund (HEWSF). The intent of the HEWSF is to help municipalities repair, rehabilitate and expand critical drinking water, wastewater and stormwater infrastructure. $200 million over three years is available for eligible projects. Projects funded through the program will aim to unlock more housing opportunities, support the province’s growing population, protect communities, and enhance economic growth. By virtue of the nature of the HEWSF, municipalities are eligible applicants to the Fund. Core wastewater assets are included, for example: o lagoon systems o pump stations o lift station o linear assets o treatment plants o storage tanks o collection systems To be eligible for funding, projects must:  include a capital component and may also include pre-construction planning and design work  enable housing development  have a clear start and end date  start no later than September 30, 2024, and must be completed by March 31, 2027  be in the process of, or completed, the design and planning phase  meet all relevant provincial regulatory requirements The HEWFS will fund up to 73.33% of an eligible, approved project. The applicant municipality must identify the balance (26.67%) in project funds. The application deadline is April 19, 2024 at 11:59 pm (EST). DISCUSSION In light of the HEWSF eligibility criteria, the Municipality is seeking Council’s support to make an application to the Fund for the Eden Pumping Station expansion. This project has been approved by Council and is in the 2024-2033 Capital Budget as Capital Item WW-04. The Capital costs of the works are estimated at approximately $250,000. If selected for funding support, the Municipality would be able to offset approximately $183,000, with the balance funded through reserve funds (wastewater, and/or development charges – wastewater). Given the development interest in Eden and the desire of funding agencies to support ‘shovel- ready’ projects, this project is Bayham’s best opportunity to leverage HEWSF funds in support of expanded core infrastructure and housing capacity in the municipality. STRATEGIC PLAN 1.1: Quality of Place > To invest in community infrastructure initiatives that create an effective foundation that contributes to Bayham’s quality of life and economic prospects. Initiative(s): Focus on core infrastructure based on the Asset Management Plan and compliance with legislation Focus on strategically encouraging urban development and growth 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Actively seek and apply for grants to support operational and capital projects RECOMMENDATION 1. THAT Report CAO-04/24 re Housing Enabling Water Systems Fund (HEWSF) Application – Eden Pumping Station Expansion be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham supports an application to the Housing Enabling Water Systems Fund (HEWSF) for an expansion of the Eden Pumping Station. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: March 7, 2024 REPORT: CAO-05/24 SUBJECT: EXTENSION OF SITE PLAN AGREEMENT – 2434378 ONTARIO LTD. (INNOVATIVE QUALITY MANUFACTURING INC.) – 56568 AND 56616 TALBOT LINE, BAYHAM (APPLICATION NO. SPA-04/22) BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022, be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022, Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications. Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO is delegated authority is assigned under Section 6(1) of By-law No. 2022-046. On March 2, 2023, Council received Report CAO-14/23 re Site Plan Agreement – 2434378 Ontario Limited (Innovative Quality Manufacturing Inc.) – 56568 and 56616 Talbot Line, Bayham (Application No. SPA-04/22) for information purposes only. The Report identified that, under delegated authority, the CAO entered into a Site Plan Agreement with Innovative Quality Manufacturing for expansion of an existing manufacturing business. Under Section 28 of the Agreement, the development was to be completed in full by March 2, 2024. DISCUSSION In February 2024, the Municipality received a request from Innovative to amend the Agreement by extending the date noted in Section 28 until May 15, 2024 due to labour and other impacts that have delayed completion of the project. Staff has drafted and executed an amending Agreement with Innovative to ratify the extension. The extension is for a period of approximately 2.5 months to permit completion of the works identified in the original Agreement. The amending Agreement was executed on February 29, 2024. A copy of same is attached. As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only. STRATEGIC PLAN Not applicable. ATTACHMENT 1. Executed Amending Agreement between The Corporation of the Municipality of Bayham and 2434378 Ontario Limited (Innovative Quality Manufacturing Inc.), 56568 and 56616 Talbot Line, Bayham RECOMMENDATION 1. THAT Report CAO-05/24 re Extension of Site Plan Agreement – 2434378 Ontario Limited (Innovative Quality Manufacturing Inc.) – 56568 and 56616 Talbot Line, Bayham Application No. SPA-04/22) be received for information. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-010 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE EDEN DRAIN BRANCH C WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lot 23, Concessions 9 in the Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 223217, prepared by Spriet Associates, dated January 29, 2024, which is attached hereto as Schedule “A”, and forms part of this By-law; AND WHEREAS the estimated total cost of constructing the drainage work is $13,500.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 223217, dated January 29, 2024 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith; 2 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $13,500.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council; 3 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2024-010 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof. READ A FIRST AND SECOND TIME this 7th day of March, 2024 and provisionally adopted this 7th day of March, 2024. ____________________________ _____________________________ MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of . ____________________________ _____________________________ MAYOR CLERK EDEN DRAIN BRANCH "C" Municipality ofBayham AMENDMENT NO. 36 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Underhill Farms Ltd. 55032 Vienna Line The following text constitutes Amendment No. 36 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. 2024-011, in accordance with Section 17 of the PLANNING ACT, on the 7th day of March 2024. MAYOR CLERK BY-LAW NO. 2024-011 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. 36 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. 36 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 7th day of March 2024. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 36 1. PURPOSE 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 Section 2.1.7.1. Currently, Section 2.1.7.1 requires that where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership. As such, the purpose of the Official Plan Amendment would be to permit the severance of a surplus farm dwelling from a farm parcel where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the subject lands as a result of a farm consolidation. This would facilitate a future Consent application to sever the existing dwelling. 2. LOCATION The Official Plan Amendment will be applicable to lands known as Part Lot 10, Concession 3 and known municipally as 55032 Vienna Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with a residential dwelling, pool to the rear of the residential dwelling, and accessory barn and concrete pad associated with the existing agricultural operations. Several accessory buildings pertaining to the agricultural operations are also located further west from the existing residential dwelling, notably towards centre of the subject lands and furthest point west. The subject lands are located at 55032 Vienna Line, north side, and west of Brown Road. The subject lands have an approximate lot area of 118 hectares (291 acres), an estimated lot frontage of 967 metres (3,172 feet) along Vienna Line, and a lot depth of 1,250 metres (4,101 feet). The existing paved driveway with access onto Vienna Line currently serves the existing residential dwelling to be severed. The existing unpaved access currently serves the existing barn and agricultural operations on the proposed retained lot. The agricultural lands have sufficient frontage onto Vienna Line. The surrounding lands are agricultural in all directions, with several rural residential lots along Vienna Line not supported by agricultural operations. The Provincial Policy Statement, 2020 and the Elgin County Official Plan permit surplus farm dwelling severances where appropriate and where new residential dwellings are prohibited, which in the Municipality of Bayham is accomplished by way of Conditions of the Consent to have the owners obtain Zoning By-law Amendment approval from the Municipality. Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, the Bayham Official Plan only permits one dwelling and one severance of a surplus farm dwelling. It is understood the subject lands were previously merged as a result of a farm consolidation where three (3) distinct parcels existed, each containing a residential dwelling. It is understood that two of the three residential dwellings were previously severed in 2003, and that the applicant is seeking to sever the third residential dwelling on the remnant agricultural parcel that has existed since 1996. Given the length of time the residential dwelling has existed on the subject lands and is no longer required by the owner as a result of a previous farm consolidation, therefore, specifically permitting the requested surplus farm dwelling severance by way of new policy text section indicating the location of the lands and permission for the severance would be in conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.7.9 Notwithstanding Section 2.1.7.1, the dwelling located in Part Lot 10, Concession 3 and known municipally as 55032 Vienna Line, and existing as of February 2024, may be severed as a surplus farm dwelling, where more than one dwelling and severance of a surplus farm dwelling had previously occurred on the farm parcel as a result of a farm consolidation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z769-2024 SILVERTHORN 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. 6 by changing the zoning symbol on the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Farm Commercial (FC-1)’ Zone, which lands are outlined in heavy solid lines and marked “FC-1” on Schedule “A” Map No. 6 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 13.10 Exceptions – Farm Commercial (FC) Zone by adding the following clauses: 13.10.1.1 Defined Area FC-1 as shown on Schedule “A” Map No. 6 to this By-law. 13.10.1.2 Permitted Uses Agricultural Supply Establishment 13.10.1.3 Permitted Buildings and Structures Buildings and Structures for the permitted use. 13.10.1.4 Maximum Building Floor Area 550.0 m2 3) 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 7TH DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF MARCH 2024. MAYOR CLERK Z769-2024 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z770-2024 UNDERHILL, R & L 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. 10 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to a site-specific Rural Residential (RR-49) zone, which lands are outlined in heavy solid lines and marked “RR-49” on Schedule “A” Map No. 10 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 Exceptions – Rural Residential (RR) Zone by adding the following clauses: 7.13.49.1 Defined Area RR-49 as shown on Schedule “A”, Map No. 8 to this By-law. 7.13.49.2 Minimum Front Yard Depth 10.5 metres for the existing dwelling. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 10 by changing the zoning symbol on a portion of the lands from Agricultural (A1) to a Special Agriculture (A2) zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 10 to this By-law, which schedule is attached to and forms part of this By-law. 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 7TH DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF MARCH 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z771-2024 WALL 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 “G” (Calton) by changing the zoning symbol on the subject property from ‘Institutional (I)’ Zone to a ‘Site-Specific Hamlet Residential (HR-13)’ Zone, which lands are outlined in heavy solid lines and marked “HR-13” on Schedule “G” (Calton) 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 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses: 9.12.13.1 Defined Area HR-13 as shown on Schedule “G” (Calton) to this By-law. 9.12.13.2 Minimum Rear Yard Depth 8.0 metres for the existing building. 3) 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 7TH DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF MARCH 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z772-2024 GRAHAM 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. 2 by changing the zoning symbol on the subject property from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone, which lands are outlined in heavy solid lines and marked “RR” on Schedule “A” Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 2) 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 7th DAY OF MARCH 2024. READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OF MARCH 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-012 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD MARCH 7, 2024 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 March 7, 2024 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 7th DAY OF MARCH, 2024. ____________________________ _____________________________ MAYOR CLERK