HomeMy WebLinkAboutBy-law No. 2024-021THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024- 021
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AMENDING AGREEMENT BETWEEN
ISAAC AND MARIA FROESE AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-laws respecting structures, including fences and signs;
AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in
part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may
also require the owner of the land to enter into one or more agreements with the municipality
dealing with some or all of the terms and conditions;
AND WHEREAS Isaac and Maria Froese are the owners of lands in Lot 22 Concession 5, known
municipally as 57200 Calton Line, in the Municipality of Bayham, County of Elgin;
AND WHEREAS, on March 2, 2017, the Municipality of Bayham Committee of Adjustment granted
Minor Variance Application A-01/17, including the condition that the owners execute an amended
Development Agreement for the supplementary farm dwelling as per policies of Section 2.1.10 the
Official Plan;
AND WHEREAS the Owners are required to amend the Development Agreement for the purpose
of satisfying a condition of consent allowing a severance of a surplus farm dwelling through Consent
Application E31-23 conditionally granted by the Elgin County Land Division Committee on June 18,
2023;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT the Mayor and Chief Administrative Officer be and are hereby authorized and directed
to execute the Development Amending Agreement with Isaac and Maria Froese affixed
hereto and forming part of this By-law and marked as Schedule "A".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18T" DAY OF APRIL
2024.
MAYOR CLERK
BETWEEN:
SCHEDULE "A" TO BY-LAW NO. 2024-021
DEVELOPMENT AMENDING AGREEMENT MADE UNDER SECTION 41
OF THE PLANNING ACT, R.S.O. 1990
THIS AGREEMENT made this 18th day of April 2024.
ISAAC AND MARIA FROESE
(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 Lot 22
Concession 5, known municipally as 57200 Calton Line, Municipality of Bayham, and being P.I.N.
identified as P.I.N. 35331-0153 (LT), in the Registry Office for the Land Titles Division of Elgin (No.
11);
AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in
part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may
also require the owner of the land to enter into one or more agreements with the municipality
dealing with some or all of the terms and conditions;
AND WHEREAS the Owner of the subject lands entered into a Development Agreement (the
"Development Agreement") with the Municipality as a condition of Minor Variance Application A-
01/17 granted March 2, 2017, with respect to a supplementary farm dwelling (mobile home) being
added to the subject lands;
AND WHEREAS the Development Agreement dated March 2, 2017 was registered in the Registry
Office for the Land Titles Division of Elgin (No. 11) on the 61h day of April 2017 as Instrument No
CT138358;
AND WHEREAS the Owner is required to amend the Development Agreement No. 0676, to which
the Municipality has agreed, for the purpose of satisfying a condition of consent allowing a
severance of lands containing a surplus farm dwelling described as being Parts 1, 2 & 3 of
Registered Plan 11 R-11075 from the existing property through Consent Application E31-23 granted
by the Elgin County Land Division Committee on June 18, 2023;
AND WHEREAS this agreement (the "Development Amending Agreement") shall be registered
against the retained lands described in Schedule `A' to this Agreement 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
2
development of lands described herein, the Owner covenants and agrees with the Municipality as
follows:
1. That Section 5 be removed and replaced with the following:
"5. The Owner shall be responsible for consulting with and obtaining any and all necessary
approvals from the Southwestern Public Health."
2. That Section 6 be removed and replaced with the following:
"6. The Owner shall satisfy all the requirements in relation to the fire protection for the
building(s), including maintaining a road access and driveway to the barn and
supplementary farm dwelling that which is capable of supporting a fire pumper loaded with
2,000 gallons of water for fire protection, all to the satisfaction of the Municipality's Fire
Chief.
3. The attachments to the Development Agreement are hereby amended as follows:
a. Attachment "A" to the Development Agreement is hereby deleted and replaced with
Attachment "A" Lands Description to this Amending Agreement.
b. Attachment "B" to the Development Agreement is hereby deleted and replaced with
Attachment "B" Conceptual Site Plan to this Amending Agreement.
4 Save and except those amendments, additions or deletions specifically identified in
this Amending Agreement, the Development Agreement approved by Municipality of
Bayham By-law No. 2017-023 on March 2, 2017 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 Mayor and Clerk or Designate.
SIGNED, SEALED, AND DELIVERED on the /1? day of r 2024 in the presence of
}
Witness ) Isaac Froese, Owner
Maria Froese, Owner
THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM
Ed I e#�hab r4. Mayor
Thomas Tft6yer, Chief Ad m i n isVative Offi.
We have authority to bind the Corporation.
4
ATTACHMENT "A"
Lands Description
Legal Description: PART LOT 22 CON 5 BAYHAM AS IN E114965 (FIRSTLY); EXCEPT D872
AND EXCEPT PARTS 1, 2 & 3 11 R11075; S/T BM25916; BAYHAM
Municipal Address: 57200 Calton Line
LI
ATTACHMENT "B°
Conceptual Site Plan
ckE rCH
PREPARED LLUSTRATNVG PROPOSED SEVERANCE
FOR. ISAAC FROESE
SCALE - 1: 1000
METRIC BTU � B,DAM B"� "'� cm
PARCEL "A" (SEVERED)
AREA = 0.41 HECTARES
(1.01 ACRES)
PARCEL "B" (RErAlmED - Wnr,-r
AREA = 38.22 HECTARES
(94.44 ACRES +/—)
�s ti
&EO&RAPHIG �}TOWN51-1I1' OF 6AYHAM
1 L' ti
LOX 1�x ��� 2 ,+
(,ONCE55ION i ~: � 606g6 P �,
I„o x
le
1 �
ROAD ALLOWANCE BETWEEN CONCESSIONS 4 AND 5
CALTON LINE COUNTY ROAD No. 45