HomeMy WebLinkAboutBy-law No. 2023-093THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-093
BEING A BY-LAW TO AUTHORIZE THE
EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN
552855 ONTARIO LTD. AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part,
that, where in an Official Plan an area is shown or described as a proposed site plan control
area, the Council of the local municipality in which the proposed area is situate may, by by-law,
designate the whole or any part of such area as a site plan control area;
AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law
2022-046 pursuant to Section 41 of the said Planning Act.
AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person
shall undertake any development in an area designated as subject to site plan control pursuant
to a by-law enacted under that section without first having received approval, as the Council
may determine, of the following:
1. Plans showing the location of all buildings and structures to be erected and showing the
location of all facilities and works to be provided in conjunction therewith and of all facilities and
works required under clause (7) (a).
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it
necessary to also enter into a Development Agreement with 552855 Ontario Ltd.;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT the Mayor and Clerk be and they are hereby authorized and directed to execute
the Development Agreement between The Corporation of the Municipality of Bayham
and 552855 Ontario Ltd. affixed hereto and forming part of this By-law as Schedule "A".
2. THAT the executed agreement be registered at the owner's expense against the land to
which it applies under the Land Titles Registry Elgin # 11.
READ A FIRST AND SECOND TIME this 21s' day of December 2023.
READ A THIRD TIME AND FINALLY PASSED this 21sl day of December 2023.
MAYO CLERK
SCHEDULE "A" TO BY-LAW NO. 2023-093
DEVELOPMENT AMENDING AGREEMENT MADE UNDER SECTION 41
OF THE PLANNING ACT, R.S.O. 1990
THIS AGREEMENT made this 2Sday of
BETWEEN:
�t�CtrY16� 2023.
552855 ONTARIO LTD.
(Hereinafter called the "Owner")
OF THE FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS the Owner represents that it is the owner of the lands described as being Part of Lot 11
& 12, Concession 1 Bayham, and being all of the P.I.N. identified as P.I.N. 35322-0241 (LT), in the
Registry Office for the Land Titles Division of Elgin (No. 11);
AND WHEREAS the Municipality has enacted a Site Plan Control Area By-law pursuant to the
provisions of Section 41 of the Planning Act, R.S.O. 1990, C. P.13, as amended, which By-law
affects the lands as described above;
AND WHEREAS by Agreement dated May 11, 2020 and registered in the Registry Office for the
Land Titles Division of Elgin (No. 11) on the 9th day of September 2020 as Instrument No.
CT186358, the Owner of the subject lands being the Long Point Region Conservation Authority
(LPRCA) entered into a Development Agreement (the "Development Agreement") with the
Municipality with respect to the development of the subject lands;
AND WHEREAS the Long Point Region Conservation Authority sold the lands on February 25,
2021 to 552855 Ontario Ltd., it is understood that the original Development Agreement applies to
the lands;
AND WHEREAS the current Owner has requested to amend the Development Agreement No.
0730, to which the Municipality has agreed, for the purpose of allowing an addition of lands
described as being Part 1 of Registered Plan 11 R-11041 to the existing property through Consent
Application E21-23 granted by the Elgin County Land Division Committee on May 24, 2023;
AND WHEREAS this agreement (the "Development Amending Agreement") shall be registered
against the lands described above and the Municipality is entitled to enforce the provisions hereof
against the Owner and, subject to the provisions of the Registry Act and the Land Titles Act, any
and all subsequent owners of the land in accordance with Subsection (10) of Section 41 of the
Planning Act, R.S.O. 1990, as amended;
NOW THEREFORE WITNESSETH THAT in consideration of the premises and the sum of ONE
($1.00) DOLLAR paid to the Municipality by the Owner (the receipt whereof is hereby
acknowledged) and in consideration of the Municipality approving the Plans and Drawings for the
development of lands described herein, the Owner covenants and agrees with the Municipality as
K
follows:
1. The second recital of the Development Agreement is hereby deleted and replaced
with the following:
AND WHEREAS the Owner intends to expand the existing campground and marina in
accordance with the Conceptual Site Plans attached hereto, as Attachments "131" "132" "133"
"136" "137" and "138" (hereafter referred to as the "Plan");
2. Section 13 of the Development Agreement is hereby deleted and replaced with the
following:
"13. Attachments;
Attachment "A" —
Lands Description
Attachment "131"
—Proposed Site and Servicing Plan A C100
Attachment "132"
—Proposed Site and Servicing Plan B C101
Attachment "BY
—Grading Plan C102
Attachment "134"
—Existing — Site Plan A
Attachment "135"
— Existing — Site Plan B
Attachment "136"
— Fire route Plan A
Attachment "137"
— Fire route Plan B
Attachment "68"
— C102 Additional Lands for boat and Trailer Storage
3. The attachments to the Site Plan Agreement are hereby amended as follows:
a. Attachment "131" to the Development Agreement is hereby deleted and replaced with
Attachment "131" Proposed Site and Servicing Plan A Rev No. 7 2023.12.04 to this
Amending Agreement.
b. Attachment "132" to the Development Agreement is hereby deleted and replaced with
Attachment "132" Proposed Site and Servicing Plan B Rev No. 7 2023.12.04 to this
Amending Agreement.
c. A new Attachment "138" Additional Lands Rev No. 1 2023.12.04 attached to this
Amending Agreement is hereby added.
4. Save and except those amendments, additions or deletions specifically identified in
this Amending Agreement, the Development Agreement registered in the Registry Office for
the Land Titles Division of Elgin (No. 11) on the 9th day of September 2020, as Instrument
Number CT186358 shall remain in full force and effect.
IN WITNESS WHEREOF The Owner has hereunto set his hand and the Municipality has hereunto
affixed its corporate seal under the hands of its Chief Administrative Officer or Designate.
SIGNED, SEALED, AND DELIVERED in the presence of
Witness
552855 ONTARIO LTD.
o/a Big Otter Marina and Campground
arryl Prorlder, Pre'i ent
3
I have authority to bind the Corporation.
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
d�et�c l6a w Mayor�
Meagan Elliott, Clerk
We have authority to bind the Corporation.
jq / i tq CH t'Y7 C&-YV i "(3 `
12
a$
s
e
F3
9
i d s
9
ry�EiE�
Fa �a�
by
a rgagg
�3a;°r
^s
€E e`3—
E
fi
�8
sty s
9
9
9�
99 ti
9
9
0
lo
°
1o8
C'7N
�
o
�y
o
m
om
Ag
Fn
s
7
a
i
i
4
�s
d
/9/7 /`(cIlmc -, 6�
4g
0 8 J
-
a v RR� Q2Q a a a 5a5 ���y�y��y#;yj �ilb$ SSy$ y��`� a`� _ a� � • � o o � OPM"';
if o m< a d g
®r
eaRpa
@Q ,
t� yp ii o
i IQ
1{ tl
-- � •,� 1. � M 1 I� � F � � � �� o� �I
�, ,(e�iic p@ •�• e Q � r
I o
Iq'
. lol
I �
,
"jj gg a
®
�$m��8
a
S
2
OOtD ONIMYtlO 01 tl3l38
/1�iT�cilln, vi ��33