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HomeMy WebLinkAboutAugust 15, 2024 - PlanningTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, August 15, 2024 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-20/24 13540 Bayham Drive, Cadman B. Proposed Zoning By-Law Amendment ZBA-21/24, Municipality of Bayham The August 15, 2024 Planning Public 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. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-20/24 13540 Bayham Drive, Cadman THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to permit the development of an Additional Residential Unit (ARU) within a detached accessory building (pool house) that is 152% (385.4 m2 or 4,148.0 ft2) of the principal farm dwelling (253.1 m2 or 2,724.0 ft2), whereas Section 4.2.f) of the Zoning By-law states that 25% (63.3 m2 or 681.0 ft2) is the required maximum size for accessory use buildings accessory to principal farm dwellings on the subject property. The subject property is known as 13540 Bayham Drive, east side, and south of Talbot Line (Highway 3). THE EFFECT of this By-law is to facilitate the development a proposed detached accessory building (pool house) for the purpose of an ARU on the subject property. B. Proposed Zoning By-Law Amendment ZBA-21/24, Municipality of Bayham THE PURPOSE of this By-law is to amend various sections of the Zoning By-law pertaining to Additional Residential Units in order to ensure conformity with the Planning Act and Municipality of Bayham Official Plan with respect to More Homes Built Faster Act, 2022 (Bill 23). The proposed revisions are as follows, and further detailed on the “Draft Housekeeping Amendments for Bill 23 - July 2024” document available on the Municipality of Bayham website:  Section 2.0 Definitions - Replace and revise the definition of “Dwelling Unit, Second” with “Additional Residential Unit”.  Section 4.2 f) Accessory Use – Replace and revise in its entirety regarding the permitted Maximum Floor Areas of accessory use buildings accessory to the principal farm dwelling in all Agricultural Zones (A1/A1-A and A2), excluding main farm buildings such as barns, greenhouses, stables and driving sheds. 2  Section 4.9 Obnoxious Uses – Add “water” in addition to land, and clarify the obnoxious uses regulations apply to both vacant lands and lands consisting of buildings/structures.  Section 4.32.2 Parking Requirements - Replace “Dwelling Unit, Second” with “Additional Residential Unit” in the minimum parking space requirement table.  Section 4.59 Second Dwelling Units - Replace the title “Second Dwelling Units” with “Additional Residential Unit”, and replace and revise Subsections a) through h) in its entirety with new provisions in accordance with the Official Plan. The amendments are general amendments that do not apply to specific locations in the Municipality, therefore, no key map or Zoning By-law Schedule changes are necessary. THE EFFECT of this By-law will be to ensure conformity with the Planning Act legislative changes as a result of More Homes Built Faster Act, 2022 (Bill 23), and conformity to the Municipality of Bayham Official Plan (OPA No.34, By-law No. 2023-077) that was Adopted by Council and Approved by Elgin County on November 14, 2023. 5. PUBLIC PARTICIPATION 6. CORRESPONDENCE 7. OTHER BUSINESS 8. ADJOURNMENT ZBA-20/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: BRYAN BONNEY AND DANA CADMAN LOCATION: 13540 BAYHAM DRIVE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By- law Amendment (ZBA-20/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 15th, 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 the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to permit the development of an Additional Residential Unit (ARU) within a detached accessory building (pool house) that is 152% (385.4 m2 or 4,148.0 ft2) of the principal farm dwelling (253.1 m2 or 2,724.0 ft2), whereas Section 4.2.f) of the Zoning By-law states that 25% (63.3 m2 or 681.0 ft2) is the required maximum size for accessory use buildings accessory to principal farm dwellings on the subject property. The subject property is known as 13540 Bayham Drive, east side, and south of Talbot Line (Highway 3). THE EFFECT of this By-law is to facilitate the development a proposed detached accessory building (pool house) for the purpose of an ARU on the subject property. 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 4:30pm on Wednesday, August 7, 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 19th day of July 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-21/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM LOCATION: MUNICIPALITY WIDE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By- law Amendment (ZBA-21/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 15th, 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 is to amend various sections of the Zoning By-law pertaining to Additional Residential Units in order to ensure conformity with the Planning Act and Municipality of Bayham Official Plan with respect to More Homes Built Faster Act, 2022 (Bill 23). The proposed revisions are as follows, and further detailed on the “Draft Housekeeping Amendments for Bill 23 - July 2024” document available on the Municipality of Bayham website:  Section 2.0 Definitions - Replace and revise the definition of “Dwelling Unit, Second” with “Additional Residential Unit”.  Section 4.2 f) Accessory Use – Replace and revise in its entirety regarding the permitted Maximum Floor Areas of accessory use buildings accessory to the principal farm dwelling in all Agricultural Zones (A1/A1-A and A2), excluding main farm buildings such as barns, greenhouses, stables and driving sheds.  Section 4.9 Obnoxious Uses – Add “water” in addition to land, and clarify the obnoxious uses regulations apply to both vacant lands and lands consisting of buildings/structures.  Section 4.32.2 Parking Requirements - Replace “Dwelling Unit, Second” with “Additional Residential Unit” in the minimum parking space requirement table.  Section 4.59 Second Dwelling Units - Replace the title “Second Dwelling Units” with “Additional Residential Unit”, and replace and revise Subsections a) through h) in its entirety with new provisions in accordance with the Official Plan. The amendments are general amendments that do not apply to specific locations in the Municipality, therefore, no key map or Zoning By-law Schedule changes are necessary. THE EFFECT of this By-law will be to ensure conformity with the Planning Act legislative changes as a result of More Homes Built Faster Act, 2022 (Bill 23), and conformity to the Municipality of Bayham Official Plan (OPA No.34, By-law No. 2023-077) that was Adopted by Council and Approved by Elgin County on November 14, 2023. 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. For written comments to be included in the public meeting agenda, submit on or before 12:00 Noon on Wednesday, August 7, 2024 to munderhill@bayham.on.ca or at the municipal office. 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 19th day of July 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 Municipality of Bayham Housekeeping Zoning By-law Amendment – Draft Housekeeping Amendments for Bill 23 July 2024 July 19th, 2024 The following “Draft Housekeeping Amendments” are proposed as part of a Municipality-led Zoning By-law Amendment, “Housekeeping” Amendment. The Statutory Public Meeting is scheduled for August 15th, 2024 at 7:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. These Draft Amendments are intended to be read in conjunction with the Notice of the Public Meeting. The purpose of this By-law is to amend various sections of the Zoning By-law pertaining to Additional Residential Units to ensure conformity with the Planning Act and Municipality of Bayham Official Plan with respect to More Homes Built Faster Act, 2022 (Bill 23). Please contact Margaret Underhill, Planning Coordinator/Deputy Clerk, by phone at 519-866- 5521 Ext 222, by fax at 519-866-3884, or by email at munderhill@bayham.on.ca. A strikethrough denotes portions of text to be removed. An underline denotes portions of text to be added. “ADD” denotes an entire new section of text. SECTION 2 DEFINITIONS DWELLING UNIT, SECOND, shall mean a dwelling ancillary and subordinate to a primary dwelling, in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof. ADD ADDITIONAL RESIDENTIAL UNIT, shall mean a self-contained dwelling unit, ancillary and subordinate to the primary dwelling unit on the lot, in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof. Additional residential unit(s) shall not include a trailer, a mobile home, a motor home, or recreational travel vehicle as defined herein. SECTION 4 GENERAL PROVISIONS Section 4.2 Accessory Uses f) Shall not exceed ten (10) percent coverage of the total lot area except in the case of accessory use buildings accessory to principal farm dwellings, the size of accessory buildings is limited to 25% of the size of the principal farm dwelling excluding main farm buildings such as barns, greenhouses, stables and driving sheds; ADD f) Shall not exceed 10% lot coverage of the total lot area, except in the case of accessory use buildings accessory to the principal farm dwelling in all Agricultural Zones (A1/A1- A and A2), excluding main farm buildings such as barns, greenhouses, stables and driving sheds, the size of accessory buildings is limited to: i. a combined Maximum Floor Area of 100.0 square metres on those lots measuring 0.4 hectares or less; or ii. a combined Maximum Floor Area of 200.0 square metres on those lots measuring 0.4 hectares or more. Section 4.9 Obnoxious Uses Nothing in this By-law shall be construed to permit the use of land for, water, and/or the erection or use of a building or structure for any purpose that is likely to become a nuisance or offensive: a) By the creation of noise or vibrations; b) By reason of the emission of gas, fumes, dust or objectionable odour; c) By reason of the unsightly storage of goods, wares, merchandise, salvage, or refuse matter or other such material. Section 4.32.2 Parking Requirements Type of Use Or Building Parking Required Dwelling Unit, Second Additional Residential Unit One (1) parking space per unit. Section 4.59 Second Dwelling Units Additional Residential Unit Where in this By-law a single detached dwelling is listed as a permitted use, and where the dwelling has been in existence in accordance with timeframe specified in the Ontario Building Code, a second dwelling unit shall also be permitted either within that dwelling or within a building accessory to the said dwelling subject to the following: a) A maximum of one second dwelling unit shall be permitted on one lot; b) A minimum of one parking space dedicated to the second dwelling unit shall be provided; c) Where the second dwelling unit is located within an accessory building the zoning regulations for an accessory building shall be complied with; d) The second dwelling unit shall be connected to the municipal water supply system and the municipal sanitary sewage system where such services are available; e) The second dwelling unit shall, where connection to the municipal water system or sanitary sewage system is not available, be connected to an approved private on- site water system and/or an approved private on-site sewage system demonstrating the on-site servicing has sufficient capacity for the additional dwelling; f) The second dwelling unit gross floor area shall not be greater than 40% of the combined total gross floor area of both the primary and second dwelling units; g) The requirements of the Ontario Building Code shall be complied with. h) The exterior building or site changes to a dwelling to permit a second dwelling unit in an existing primary dwelling building maximum floor area increase shall be 10%, and the changes should account for maintaining the general form and architectural character of the building where possible. ADD Where in this By-law a single detached dwelling, semi-detached dwelling, or row house dwelling is a permitted use, and where the primary dwelling has been in existence in accordance with the timeframe specified in the Ontario Building Code, an additional residential unit shall be permitted within the primary dwelling, or in a detached accessory building on the same lot as the primary dwelling subject to the following: a) An additional residential unit, either within the primary dwelling or in a detached accessory building, shall be connected to approved private and\or municipal water and sewer services where such services are available, to the satisfaction of the Municipality and Southwestern Public Health; b) A maximum of one (1) additional residential unit shall be permitted on a lot where partial or private water and sewer services are available; c) A maximum of two (2) additional residential unit shall be permitted on a lot where full municipal water and sewer services are available; d) A maximum of one (1) additional residential unit shall be permitted in a detached accessory building and all zoning regulations for an accessory building shall be complied with; e) The maximum gross floor area, per additional residential unit, shall not exceed 40% of the gross floor area of the primary dwelling unit, except that an additional residential unit may occupy the whole of a basement of a primary dwelling; f) An additional residential unit shall be located within 40 metres of the primary dwelling unit; g) An additional residential unit shall not be permitted within a farm building, such as barns, greenhouses, stables and driving sheds, or a building used for an on-farm diversified use; h) A minimum of one (1) parking space shall be provided per additional residential unit, and all zoning regulations for parking shall be complied with; and i) The additional residential unit shall meet all the requirements of the Ontario Building Code and Ontario Fire Code and requires an approved Building Permit to establish the additional residential unit.