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August 15, 2024 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, August 15, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 2 Applications The August 15, 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 July 18, 2024 B. Statutory Planning Meeting held July 18, 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 11.1.2 Requiring Action 11.2 Reports to Council 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence Council Agenda August 15, 2024 2 12.1.1 Receive for Information A. Notice of Decision re Minor Variance A-11/24 Deconinck B. Notice of Passing re Zoning By-law Amendment ZBA-09/24 Jurenas C. Notice of Passing re Zoning By-law Amendment ZBA-17/24 Giles D. Notice of Public Meeting re Proposed Minor Variance A-12/24 Docheff E. Notice of Public Meeting re Proposed Minor Variance A-13/24 Craig F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-20/24 Cadman G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-21/24 Municipality of Bayham 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-58/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E66-24 Hiebert, N, 9411 Elgin Street, Straffordville B. Report DS-59/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment OPA-02/24 1830567 Ontario Inc. 55942 Maple Grove Line, OPA No. 37 C. Report DS-60/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-15/24 Bergen, 10564 Culloden Road D. Report DS-61/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-18/24 Wiebe, 55309 Talbot Line E. Report DS-62/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-19/24 Giesbrecht, 11306, 11390 and 11450 Ridge Line F. Report DS-63/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Delegation of Powers and Duties – Development Agreements and Temporary Use and Removal/Demolition Agreements 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Plympton-Wyoming re Underserviced Cellular Communication Services in Rural and Urban Centres in the Town of Plympton-Wyoming, other Rural and Urban Centres across Lambton County, and Beyond B. Township of Georgian Bluffs re AMO/OMA Joint Health Resolution Campaign C. County of Frontenac re Request for Provincial Government to Recognize the Physician Shortage in Frontenac County Council Agenda August 15, 2024 3 D. Township of Lucan Biddulph re AMO/OMA Joint Health Resolution Campaign – Physician Shortage E. Municipality of Wawa re Ontario Forest Industries Association – Immediate Action Needed to Support Ontario’s Forest Sector F. Town of Cochrane re Ontario Regulation 391/21 Blue Box for Ineligible Sources G. Municipal Engineers Association re Ontario Provincial Standards H. Ministry of Natural Resources re Proposal Regarding Developing a Commercial-Scale Framework for Geologic Carbon Storage I. County of Elgin re No Parking Zone on Fulton Street 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-31/24 by Thomas Thayer, CAO re Survey and Consideration of Surplus – Ann Street Lands 14. BY-LAWS A. By-law No. 2024-048 Being a by-law to adopt Official Plan Amendment No. 37 B. By-law No. 2024-049 Being a by-law to amend By-law No. 2014-090 being a by- law to adopt a policy with respect to the delegation of powers and duties of Council of the Corporation of the Municipality of Bayham C. By-law No. 2024-050 Being a by-law to appoint municipal officers and employees for the Municipality of Bayham D. By-law No. Z786-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Wiebe E. By-law No. Z787-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Bergen F. By-law No. Z788-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Giesbrecht 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Minutes of the July 15, 2024 Waterfront Advisory Meeting B. Waterfront Advisory Committee Recommendations to Council Council Agenda August 15, 2024 4 16.1 In Camera A. Confidential Item re Labour relations, employee negotiations; 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 (CUPE) B. Confidential Item re Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources) C. Confidential Item re Personal matters about an identifiable individual (Advisory Committees) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-051 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, July 18, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 4 Applications The July 18, 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 SUSAN CHILCOTT ABSENT: TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Councillor Chilcott reminded residents of the Car Show this weekend in Vienna hosted by the Bayham Historical Society. Event takes place from 11 am to 5 pm. CAO Thomas Thayer reminded residents that the Municipal Office will be closed on Monday, August 5, 2024 for the Civic Holiday. Mayor Ketchabaw announced the Warden’s Charity Golf Tournament is on Monday, August 26, 2024 at the Iron Creek Golf Club 5. PRESENTATIONS Council Minutes July 18, 2024 2 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held June 20, 2024 B. Statutory Planning Meeting held June 20, 2024 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting of Council and Statutory Planning Meeting held June 20, 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 BL-06/24 by Stephen Miller, By-law Enforcement Officer re 2024 By-law Enforcement Services Mid-Year Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report BL-06/24 re 2024 By-law Enforcement Services Mid-Year Report be received for information. CARRIED B. Report PS-11/24 by Ed Roloson, Manager of Capital Projects & Water/Wastewater & Steve Adams, Manager of Public Works/Drainage Superintendent re Tender Award – Capital Item No. PW-24 Stewart Road Bridge Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler Council Minutes July 18, 2024 3 THAT Report PS-11/24 re Tender Award – Capital Item No. PW-24, Stewart Road Bridge be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award the Stewart Road Bridge works to Theo Vandenberk Construction in a total amount of $67,120 plus HST. CARRIED C. Report PS-12/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Capital Item No. FA-04 Public Works Building HVAC and Lighting Upgrades Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report PS-12/24 re Capital Item No. FA-04 – Public Works Building HVAC and Lighting Upgrades be received for information; AND THAT staff be directed to complete the Heating Tube and Lighting Upgrades in the total amount of $44,136 plus HST utilizing Koolen Electric; AND THAT staff be directed to complete the attic insulation in the total amount of $10,700 plus HST utilizing Richie’s Insulation; AND THAT the unused budget allocation for Capital Item FA-04 be retained for future capital works pertaining to the Public Works Yard. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re Zoning By-law Amendment ZBA-14/24 Paget B. Notice of Passing re Zoning By-law Amendment ZBA-16/24 Willow Hawk Farms C. Notice of Public Meeting re Proposed Minor Variance A-11/24 Deconinck D. Notice of Public Meeting re Proposed Official Plan Amendment OPA-02/24 1830567 Ontario Inc. E. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-15/24 Bergen F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-18/24 Wiebe G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-19/24 Giesbrecht Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler Council Minutes July 18, 2024 4 THAT items 12.1.1 A – G be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-09/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2nd Quarter Drainage Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DR-09/24 re 2024 2nd Quarter Drainage Report be received for information. CARRIED B. Report DS-51/24 by Scott Sutherland, Chief Building Official re 2nd Quarter Building Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Staff Report DS-51/24 re 2nd Quarter Report be received for information. CARRIED The Council Meeting recessed to hold a Statutory Planning Meeting at 7:31 pm The Council Meeting resumed at 7:45 pm C. Report DS-53/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-09/24 Jurenas, 10122 Sandytown Road Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-53/24 regarding the Jurenas rezoning application ZBA-09/24 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 June 20, 2024 associated with this application, there was one oral presentation by the 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 property located in Part Lot 16 Concession 8, known municipally as 10122 Sandytown Road, from Special Agricultural (A2) to Site-specific Special Agricultural (A2- Council Minutes July 18, 2024 5 21) on the severed lot as a condition of Consent E35-24 to permit the severance of an agricultural parcel; AND THAT Zoning By-law No. Z785-2024 be presented to Council for enactment. CARRIED D. Report DS-54/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-17/24 Giles, 53510 Heritage Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-54/24 regarding the Giles rezoning application ZBA-17/24 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 June 20, 2024 associated with this application, there was one oral presentation by the 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 property located in Part Lots 109 and 110 Concession 7 NTR, known municipally as 53510 Heritage Line, from Agricultural (A1) to Site-specific Agricultural (A1- 46) to permit the development of an Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0 percent (371.6 m2) of the size of the principal farm dwelling (174.5 m2), whereas Section 4.2 f) of the Zoning by-law states that 25.0 percent (43.6 m2) is required for accessory use buildings accessory to principal farm dwellings on the subject property; AND THAT Zoning By-law No. Z784-2024 be presented to Council for enactment. CARRIED E. Report DS-55/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Subdivision Agreement 11:28 Properties Inc. 34T-BY2201 Eden East Subdivision Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-55/24 regarding the Subdivision Agreement 11:28 Properties Inc. Draft Plan of Subdivision 34T-BY2201 be received; AND THAT the Council of The Corporation of the Municipality of Bayham authorize the execution of a Subdivision Agreement between the Municipality and 11:28 Properties Inc. to permit the completion of the Eden East Subdivision in two Phases in the hamlet of Eden; Council Minutes July 18, 2024 6 AND THAT By-law No. 2024-045 be presented for enactment. CARRIED The Council Meeting recessed for a break at 7:57 pm The Council Meeting resumed at 8:07 pm 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Otonabee-South Monaghan re Regulations for the Importation and Safe Use of Lithium-ion Batteries B. Municipality of West Nipissing re Champlain Bridge Rehabilitation C. Municipality of Tweed re Sustainable OPP Funding for Rural Municipalities D. City of Brantford re Support for the Decision of the Ontario Energy Board to End the Gas Pipeline Subsidy E. Ministry of Municipal Affairs and Housing re Planning Act and Development Charges Act Regulations related to the Cutting Red Tape to Build More Homes Act, 2024 F. Emergency Management Ontario re Engagement on Proposed Modernization of the Emergency Management and Civil Protection Act G. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update for June 2024 H. Long Point Region Conservation Authority re June 5, 2024 Meeting Minutes I. Long Point Region Conservation Authority re June 5, 2024 Hearing Board Meeting Minutes J. Port Burwell Area Secondary Water Supply System re April 24, 2024 Draft Meeting Minutes K. Aylmer Area Secondary Water Supply System & Port Burwell Area Secondary Water Supply System Joint Board of Management re June 12, 2024 Draft Meeting Minutes L. Southwestern Public Health re 2023 Annual Report M. Port Burwell Marine Museum re 2024 Children’s Summer Programming Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A – M be received for information. CARRIED Council Minutes July 18, 2024 7 13.1.2 Requiring Action 13.2 Reports to Council A. Report TR-12/24 by Lorne James, Treasurer re 2024 Q2 Variance Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report TR-12/24 re 2024 Q2 Variance Report be received for information; AND THAT staff be directed to re-invest maturing Royal Bank GICs as outlined in Report TR-12/24. CARRIED B. Report CAO-28/24 by Thomas Thayer, CAO re Bayham Community Strategic Plan Progress – 2024 Mid-Year Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-28/24 re Bayham Community Strategic Plan Progress – 2024 Mid-Year Report be received for information. CARRIED C. Report CAO-29/24 by Thomas Thayer, CAO re 2024-2034 Canada Community-Building Fund Municipal Funding Agreement Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report CAO-29/24 re 2024-2034 Canada Community-Building Fund Municipal Funding Agreement be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham authorize a Municipal Funding Agreement between the Association of Municipalities of Ontario (AMO) for the 2024-2034 Canada Community-Building Fund; AND THAT the appropriate by-law be brought forward for Council’s consideration. CARRIED D. Report CAO-30/24 by Thomas Thayer, CAO re Amendment to Site Plan Agreement – Chesterman Leasing Inc. 14493 Bayham Drive SPA-02/24 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-30/24 re Amendment to Site Plan Agreement – Chesterman Leasing Council Minutes July 18, 2024 8 Inc. – 14493 Bayham Drive, Bayham (Application No. SPA-02/24) be received for information. CARRIED 14. BY-LAWS A. By-law No. 2024-044 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and the Association of Municipalities of Ontario for funding from the Canada Community-Building Fund B. By-law No. 2024-045 Being a by-law to authorize the signing of a subdivision agreement between 11:28 Properties Inc. and the Municipality of Bayham to provide for the development of a plan of subdivision known as the Eden East Subdivision C. By-law No. 2024-046 Being a by-law prescribing the speed limit for a portion of Chute Line D. By-law No. Z784-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Giles E. By-law No. Z785-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Jurenas Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2024-044, 2024-045, 2024-046, Z784-2024 and Z785-2024 be read a first, second and third time and finally passed. CARRIED 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. 2024-047 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2024-047 be read a first, second and third time and finally passed. CARRIED Council Minutes July 18, 2024 9 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:37 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, July 18, 2024 7:30 p.m. A. Proposed Official Plan Amendment OPA-02/24 55942 Maple Grove Line, 1830567 Ontario Inc. B. Proposed Zoning By-Law Amendment ZBA-15/24 10564 Culloden Road, Bergen C. Proposed Zoning By-law Amendment ZBA-18/24 55309 Talbot Line, Wiebe D. Proposed Zoning By-law Amendment ZBA-19/24 11306 & 11390 Ridge Line, Giesbrecht The July 18, 2024 Planning Public Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT ABSENT: TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: JESSE FROESE PUBLIC ATTENDEES B: JESSE FROESE PUBLIC ATTENDEES C: MICHELLE HAMMOND PUBLIC ATTENDEES D: NEIL GIESBRECHT 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. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT 2 A. Proposed Official Plan Amendment OPA-02/24 55942 Maple Grove Line, 1830567 Ontario Inc. THE PURPOSE of the Official Plan Amendment is to add a new site-specific sub-section to permit the severance of an existing single-detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan, which requires that consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. The existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached dwelling that was no longer safe and uninhabitable. The subject lands are located at 55942 Maple Grove Line, north side, and east of Sandytown Road. THE EFFECT of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling that was built and occupied for less than the minimum requirement of ten (10) years prior to the date of the consent application. 5. PUBLIC PARTICIPATION Agent, Jesse Froese, noted he is present for if any questions. 6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler 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 OPA-02/24 is now complete at 7:34 p.m. CARRIED APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:35 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3 11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT B. Proposed Zoning By-Law Amendment ZBA-15/24 10564 Culloden Road, Bergen THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a severance for the creation of a new lot, in Zoning By-law Z456-2003. The proposed Retained Lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to permit a Minimum Lot Area of 7.9 hectares, a Minimum Lot Frontage of 20.0 m (65.6 ft), and a Minimum Side Yard Depth of 2.8 m (9.2 ft) for the existing accessory building/structure. The proposed Severed Lot is to be rezoned from ‘Holding Hamlet Residential (HR(h1))’ Zone to ‘HR’ Zone in order to remove the ‘h1’ Holding Provision pertaining to adequate water and sanitary servicing. The subject lands are known as 10564 Culloden Road, east side, and north of Eden Line in the Hamlet of North Hall. THE EFFECT of this By-law will be to recognize the Minimum Lot Area and Minimum Lot Frontage deficiency and permit a reduced Minimum Side Yard Depth from the existing accessory building/structure for proposed Retained Lot. Further, the effect of this By-law will be to sever the existing single-detached dwelling on the proposed Severed Lot and remove the h1 Holding Provision, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E18-24 that was Conditionally Approved on March 27th, 2024. 13. PUBLIC PARTICIPATION Agent, Jesse Froese, noted he is present for if any questions. 14. CORRESPONDENCE No correspondence. 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 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-15/24 is now complete at 7:38 p.m. CARRIED APPLICATION C 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:39 p.m. 4 18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interests were declared. 19. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT C. Proposed Zoning By-law Amendment ZBA-18/24 55309 Talbot Line, Wiebe THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to facilitate the development of a new accessory building and seek relief from the following provisions: • Permit a Maximum Accessory Building Height of 6.1 m (20.0 ft), whereas Section 9.5.1 of the Zoning By-law requires 4.5 metres, and; • Permit a Maximum Floor Area of 372.0 m2 (4,004.2 ft2) for an Accessory Building, whereas Section 9.7 of the Zoning By-law requires 75.0 m2 (807.3 ft2) or 8% lot coverage (whichever is less). The subject property is known as 55309 Talbot Line, south side, and north of Eden Line. THE EFFECT of this By-law will be to permit a new accessory building on the subject property for the purpose of storing a boat, camping trailer, and personal belongings, with a proposed Maximum Height of 6.1 m (20.0 ft) and Maximum Floor Area of 372.0 m2 (4,004.2 ft2) by way of Site-Specific Exceptions to the current HR Zone. 21. PUBLIC PARTICIPATION Agent, Michelle Hammond, noted she is present for if any questions. 22. CORRESPONDENCE No correspondence received. 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-18/24 is now complete at 7:41 p.m. CARRIED 5 APPLICATION D 25. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:42 p.m. 26. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interests were declared. 27. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 28. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT D. Proposed Zoning By-law Amendment ZBA-19/24 11306 & 11390 Ridge Line, Giesbrecht 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 the ‘Agricultural (A1-A)’ Zone to the ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned from the ‘A1-A’ Zone to the ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are known as 11306 & 11390 Ridge Line, south side, east of Plank 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 E75-23 that was Conditionally Approved on May 22, 2024. 29. PUBLIC PARTICIPATION Applicant, Neil Giesbrecht, noted he is present for if any questions. 30. CORRESPONDENCE No correspondence received. 31. OTHER BUSINESS No other business. 32. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott 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-19/24 is now complete at 7:44 p.m. CARRIED 6 MAYOR CLERK ZBA-09/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z785-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: JURENAS, P & P, 10122 SANDYTOWN ROAD TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z785-2024 on the 18th day of July 2024 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 8th day of August 2024 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to facilitate the severance of an agricultural parcel and rezone the proposed Severed Lot from ‘Special Agricultural (A2)’ Zone to a ‘Site-Specific Special Agricultural (A2-21)’ Zone to permit a Minimum Lot Area of 18.4 hectares, whereas the Section 6.4 of the Zoning By-law requires a Minimum Lot Area of 20.0 hectares. The subject property is known as 10122 Sandytown Road, east side, and north of Maple Grove Line. THE EFFECT of this By-law is to facilitate the severance of an agricultural parcel into two (2) distinct agricultural parcels as a Condition of Approval for the Elgin Land Division Committee Consent Application file number E35-24. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 19th DAY OF JULY 2024. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. 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-17/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z784-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: B. GILES, 53510 HERITAGE LINE, RICHMOND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z784-2024 on the 18th day of July 2024 under Section 34 of the Planning Act. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 8th day of August 2024 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-46)’ Zone to permit the development of an Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0% (371.6 m2) of the size of the principal farm dwelling (174.5 m2), whereas Section 4.2.f) of the Zoning By-law states that 25.0% (43.6 m2) is required for accessory use buildings accessory to principal farm dwellings on the subject property. The subject property is known as 53510 Heritage Line, north side, and east of Springer Hill Road. THE EFFECT of this By-law is to facilitate the development a proposed detached accessory building exceeding the maximum size of a non-farm accessory building for the purpose of personal storage, a workshop, and an ARU on the subject property. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 19th DAY OF JULY 2024. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca A-12/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: SHAWN AND JENNIFER DOCHEFF LOCATION: 55641 MAPLE GROVE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-12/24). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 15th, 2024, at 6:30 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 grant relief from the following Zoning By-law regulations for the development of a detached Additional Residential Unit (ARU) on the subject property located at 55641 Maple Grove Line, south side, east of Sandytown Road: Section 4.2.c) to permit an accessory building in the front yard; Section 4.2.d) to permit an accessory building closer to the street than the main building, and; Section 4.2.f) to permit an accessory building that is 44.0% (108.3 m2) the size of the principal farm dwelling, whereas 25% (61.3 m2) is required for accessory use buildings accessory to the principal farm dwelling (245.3 m2). THE EFFECT of this variance is to permit a detached ARU that is located in the front yard and closer to the street than the main building, as well as an increased percent coverage/size of an accessory building accessory to the principal farm dwelling 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 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 12:00 Noon on August 8, 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 1st day of August 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 A-13/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: JOHN CRAIG LOCATION: 12 EDISON DRIVE, VIENNA TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-13/24). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, August 15th, 2024, at 6:30 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 the variance is to permit the extension of a legal non-conforming use in the OS-1 zone where a residential use is not permitted under the current and in-force Zoning By-law. Further, an additional variance is required to grant relief from Section 10.5 of the Zoning By-law to permit a Maximum Height of 8.0 metres, whereas a Maximum Height of 7.0 metres is required. The subject property is known as 12 Edison Drive, east side, and north of Plank Road within the Village of Vienna. THE EFFECT of this variance is to permit a two-storey addition with a Maximum Height of 8.0 metres to the rear of the existing one-storey single-detached dwelling, which is a legal non- conforming use in the OS-1 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 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 12:00 Noon on August 8, 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 1st day of August 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 Village of Vienna 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. REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 15, 2024 REPORT: DS-58/24 FILE NO. C-07 / D09.24HIEB Roll # 3401-000-004-34900 SUBJECT: Consent Application E66-24 Hiebert, N 9411 Elgin Street, Straffordville BACKGROUND Consent application E66-24 was received from the Elgin County Land Division Committee, as submitted by Appointed Agent David Roe on behalf of land owner Neil Hiebert, proposing to sever a lot from subject lands located at 9411 Elgin Street, in the village of Straffordville. The subject property is designated as a ‘Residential’ land use as per Schedule ‘B’ of the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on Schedule ‘F’ of Zoning By-law No. Z456-2003. The application proposes to sever and create a new lot with frontage of 27.6 metres (90.4 feet) and lot depth of 37.0 metres (121.3 feet), while the retained lands accommodate an existing one-storey single- detached dwelling. Elgin County Land Division Committee will consider the application on August 28, 2024. DISCUSSION The planner’s memorandum attached, dated August 7, 2024, analyzes the application subject to the Municipality of Bayham Official Plan and Zoning By-law. The standard conditions would include: engineered stamped storm water management plan with a drainage/grading plan, civic numbering signage for the severed lot, survey, cash in lieu payment for the creation of a lot, road entrance permit and the planning report fee. Other conditions apply regarding a Development Agreement for street construction to extend Elgin Street providing legal frontage and access for the new lot, drain deposit for reassessment for Straffordville Drain #8, installation of a municipal sanitary sewer connection and private well. Staff and municipal planner recommend the support of the consent application for the creation of one (1) residential lot to front on the Elgin Street extension in the village of Straffordville with the recommended conditions. Staff Report DS-58/24 Hiebert 2 STRATEGIC PLAN Not Applicable. ATTACHMENTS 1. Consent Application E66-24 Hiebert 2. Arcadis Memorandum, dated August 7, 2024 RECOMMENDATION THAT Report DS-58/24 regarding the Consent Application E66-24 Hiebert be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E66-24 be granted subject to the following conditions and considerations: 1. That the owner installs a new private well on the proposed Severed Lot providing the Municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. 2. That the owner obtains a permit from the Municipality of Bayham for the installation of a new municipal sanitary service connection to the proposed Severed Lot; 3. That the owner enter into a Development Agreement with the Municipality to upgrade the public right-of-way lands along the entirety of the width and frontage of the proposed Severed Lot to current municipal standards, including, but not limited to, roadway surface widening, turnaround at the southern terminus meeting municipal design standards, signage and ditch/drainage works with a security deposit based on a percentage of the estimated cost for road works and insurance indemnifying the Municipality. The extent of the upgrades will be determined subsequent to detailed review of the owner’s professional design plans for the development, and prior to the signing of the Development Agreement in consultation with the Municipality, and/or Municipal Engineering Consultants, and the owner’s Professional Engineering Consultant. 4. That the owner obtains approval from the Municipality of Bayham for road entrance permit (Elgin Street) for a new access to the proposed Severed Lot; 5. That the owner provides an engineered stamped grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. 6. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Straffordville Drain #8 in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 7. That the owner pay fees as required in Municipal By-law No. 2020-053 Cash-in-lieu of Parkland. 8. That the owner provides a digital copy of a survey of the subject lands. 9. That the owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for the severed lot. 10. That the owner provides a Planning Report Fee payable to the Municipality of Bayham. 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 August 7, 2024 From Christian Tsimenidis, BES Project No 3404 – 953 cc William Pol, MCIP, RPP Subject Neil Hiebert - 9411 Elgin Street, Straffordville - Application for Consent E66-24 Background and Summary 1. We have completed our review of Consent Application E66-24 submitted by David Roe (Civic Planning Solutions Inc.) on behalf of Neil Hiebert (2757886 Ontario Inc.), owner of the subject property identified as 9411 Elgin Street, west of Plank Road in the Village of Straffordville. The applicant is requesting Consent to sever an approximate land area of 980.8 square metres (0.098 hectares) and to retain 970.2 square metres (0.097 hectares) of land. The intent is to create one (1) new residential lot. 2. The proposed severed lot has a lot frontage of 27.6 metres (90.4 feet) and lot depth of 37.0 metres (121.3 feet). The proposed severed lot is currently vacant and is intended to be developed for a residential dwelling in the future. The proposed retained lot has an estimated lot frontage of 25.4 metres (83.23 feet) and lot depth of roughly 39.5 metres (129.6 feet) to accommodate the existing one-storey single- detached dwelling, as per the applicant’s Severance Sketch. Subject Property and Surrounding Area 3. The subject property is currently serviced by private well and municipal sanitary services, given that the subject property is located within the Village of Straffordville. The proposed retained lot would continue to utilize the existing private well and municipal sewer service connection located on the retained lot. The proposed severed lot will require the installation of a new private well and municipal sanitary connection in order to service the future dwelling. As a Condition of Approval, noted further in this Memo, the applicant would be required to obtain a permit to authorize the installation and construction of a new private well and municipal sanitary connection. 4. The existing driveway access along Elgin Street is proposed for the retained lot and would remain unaltered. As a Condition of Approval, the applicant/owner would be required to obtain approval from the Municipality of Bayham for a road entrance ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 2 permit to create a new access to the proposed severed lot. Further, as a Condition of Approval, the owner would be required to enter into a Development Agreement with the Municipality to extend the Elgin Street road allowance and to be developed to municipal standards providing full frontage of the proposed Severed Lot. 5. The subject property is designated as a ‘Residential’ land use as per Schedule ‘B’ of the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on Schedule ‘F’ of Zoning By-law Z456-2003. 6. There is an existing single-detached dwelling adjacent to the subject property, with an agricultural lot situated directly west. A mix of commercial and institutional uses exist northeast of the subject property, including a church, fire station and an auto repair shop. Low rise residential, commercial, retail and institutional uses are located further along Plank Road within the settlement area boundary. Municipality of Bayham Official Plan 7. Section 4.2.2.1 of the Municipality of Bayham Official Plan provides direction with respect to ‘General Policies Applicable to all Settlement Areas’, specifically residential uses. As such, this policy of the Official Plan encourages new residential development within existing settlement areas, like the Village of Straffordville, by filling in the vacant areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. Further, Section 4.2.4 of the Official Plan provides further direction with respect to the ‘Intensification and Redevelopment’ within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Comment: It is Arcadis’s opinion that the creation of one (1) new residential lot within the existing Village of Straffordville makes efficient use of underutilized lands and existing municipal sewer services and is in conformity with the Official Plan general residential policies. 8. Section 4.5.1.1 of the Official Plan provides general policy direction with respect to ‘Villages’ in the Municipality of Bayham, such as the Village of Straffordville. As such, for public health and safety purposes, all proposed development within the Village of Straffordville shall require proof of potable water by the Municipality and will be restricted to infilling until such time as municipal water becomes available. Comment: The applicant provided documentation with respect to the existing well on the proposed retained lot. As previously mentioned, the proposed severed lot will require the installation of a new private well in order to service the future dwelling. As a Condition of Approval, the applicant would be required to obtain a permit to authorize the installation and construction of a new private well, demonstrating proof of potable water. The existing well on the proposed retained lot provides potable water, as per the information provided by the applicant and is therefore in conformity with the above noted Official Plan policy. ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 3 9. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation in Villages, states that the primary use of land in settlement areas is intended for single-detached dwellings or other low-density types of dwellings. Further, Section 4.5.2.1 indicates that proposals for new dwelling lots should target a gross density of 20 units per hectare (uph) and shall be serviced with municipal sewer and water. Comment: The proposed severed and retained lots are intended to support single- detached dwellings, which are permitted and encouraged within the ‘Residential’ land use designation. It is Arcadis’s opinion that the proposed density and lot sizes will make efficient use of underutilized lands in the existing settlement area boundary, as well as the existing municipal sewer services. The Village of Straffordville currently does not have municipal water services, therefore, the applicant is providing private wells, one (1) for each lot. Therefore, it is Arcadis’s opinion that the proposed severance is in conformity with Section 4.5.2.1 of the Official Plan. 10. Section 4.5.2.8 of the Official Plan provides the following criteria regarding proposals for new single unit and two-unit dwellings in the ‘Residential’ land use designation: a) Lot frontage, depth and size: The lot frontage, lot depth, and lot size of any lots proposed to be used or created for residential purposes shall be appropriate to the development being proposed and consistent, wherever desirable and feasible, to adjacent and surrounding lots. In no case shall lots be created or dwelling units constructed which do not conform to the provisions of the Zoning By-law unless the By-law is otherwise amended or a variance granted. Comment: The proposed lot frontage, depth, and size of the proposed retained and severed lot is consistent with the surrounding residential lots along Plank Road. In addition, both the proposed severed and retained lots meet the required minimum lot area of 900 m2 (where sewer services are available) and the required minimum lot frontage of 20.0 metres (for partially serviced lots). Therefore, it is Arcadis’s opinion that the proposed lots would comply to the provisions outlined in the Municipality of Bayham Zoning By-law. b) Natural Features: Natural site features including vegetation, tree cover, and topography shall be protected, enhanced, and incorporated into the design of the proposed development to the greatest extent possible. Comment: There are no sensitive natural features identified on the subject property, as per the Official Plan Schedules. Natural site features on the subject property include mature trees along the northern and western property lines. More specifically, four (4) mature trees are located in the front yard of the proposed severed lot. As a result of this proposal, natural site features will continue to be protected and maintained to the greatest extent possible. It is likely that some of the existing mature trees fronting the proposed severed lot will need to be ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 4 removed in order to develop the proposed entrance and construct the new dwelling. Design: Innovative housing design and site layout including energy-saving measures will be encouraged. To achieve energy savings, particular regard shall be had to building form and size, density, lot and building orientation, and on-site landscaping. Comment: The applicant intends to sever the subject property and utilize the existing single-detached dwelling on the proposed retained lot. In the future, regard for design measures shall be addressed for the proposed dwelling on the severed lot at the Building Permit Application stage. c) Open space: Open space including parkland shall be provided in accordance with the policies of Section 4.5.8. Comment: Parkland dedication in accordance with the municipal Parkland By- law will be required as a Condition of Approval for the creation of a new residential lot. d) Adjacent and surrounding land use: The proposed development shall be compatible with existing (or proposed) neighbouring land uses. Where necessary or desirable, the proposed development shall be adequately screened from adjacent land uses by the provision of landscaping and/or buffering. Comment: Being that the subject property is located within a settlement area, the subject property is surrounded by a mix of low-rise residential, commercial, retail and institutional uses. As such, the existing single-detached dwelling on the proposed retained lot is consistent in built-form and use with the existing low-rise residential uses adjacent to and surrounding the subject property along Plank Road. Further, the existing trees located along the western property line of the proposed retained and severed lot will be maintained and act as a vegetation buffer to the adjacent agricultural lot. Therefore, it is Arcadis’s opinion that a future dwelling on the severed lot would be compatible with the adjacent and surrounding land uses. e) Facilities and services: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and disposal, solid waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. If these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standard. Comment: As mentioned in Paragraph 3 of this Memo, the proposed retained lot would continue to utilize the existing municipal sewer service connection, as well ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 5 as the existing private well. The proposed severed lot will require the installation of a new private well and municipal sanitary connection in order to service the future dwelling. As a Condition of Approval, noted further in this Memo, the applicant would be required to obtain a permit to authorize the installation and construction of a new private well and municipal sanitary connection from the road to the severed lot. f) Storm drainage: Adequate provision for stormwater management/drainage and surface runoff subject to the requirements of the Municipality, and the statutory approval authority having jurisdiction, shall be provided. Where in the opinion of the Municipality it is deemed necessary or desirable, the Municipality may require the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. Comment: The applicant/owner is responsible for adequate provision of stormwater management/drainage and surface runoff subject to the requirements of the Municipality, including the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. This is noted as a Condition of Approval. g) Vehicular access: Vehicular access shall be available or made available from a public highway or public street of reasonable construction and maintenance to permit year round access and shall be subject to the approval of the authority(ies) having jurisdiction. In no case shall access be permitted where traffic hazards could result due to poor sight lines or proximity to a traffic intersection. In new residential subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and other similar design features to minimize through traffic movements shall be encouraged. Comment: It is Arcadis’s opinion that the existing access from Elgin Street would not have adverse impact to traffic safety. As mentioned in Paragraph 4 of this Memo, the applicant/owner would be required to obtain an access permit from the Municipality of Bayham to create a new independent access along Elgin Street for the proposed severed lot, as a Condition of Approval. Further, as a Condition of Approval, the owner would be required to enter into a Development Agreement with the Municipality to extend the Elgin Street road allowance and to be developed to municipal standards providing full frontage of the proposed Severed Lot. h) The Planning Act: In the case of a residential subdivision, all matters contained within Section 50 and 51 of the Planning Act as amended or revised from time to time shall be complied with. ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 6 Comment: The applicant is not proposing a residential subdivision. Based on the above, the proposed Consent Application is in conformity with the criteria listed in Section 4.5.2.8 of the Official Plan. Municipality of Bayham Zoning By-law 11. The subject property is located within the Village Residential (R1) Zone as per Schedule ‘F’ of the Municipality of Bayham Zoning By-law Z456-2003. As per Section 10.1 of the Zoning By-law, the existing single-detached dwelling on the proposed retained lot is considered a permitted use and meets the provisions of the Zoning By- law. The intended use and development of a future single-detached dwelling on the proposed severed lot would also be considered a permitted use. 12. Both the proposed severed and retained lots would meet the required minimum lot area of 900 m2 (where sewer services are available), as well as the required minimum lot frontage of 20.0 metres (for partially serviced lots). Therefore, it is Arcadis’s opinion that the proposed lots would comply to the provisions outlined in the Municipality of Bayham Zoning By-law for an ‘R1’ Zone. Conclusion and Recommendations 13. Based on the above review of Consent Application E66-24, Arcadis has no objection to approval of the proposed consent for the creation of one (1) new residential lot subject to the following conditions: a) That the owner obtains approval from the Municipality of Bayham for the installation of a new private well on the proposed Severed Lot providing the Municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. b) That the owner obtains a permit from the Municipality of Bayham for the installation of a new municipal sanitary service connection to the proposed Severed Lot; c) That the owner enter into a Development Agreement with the Municipality to upgrade the public right-of-way lands along the entirety of the width and frontage of the proposed Severed Lot to current municipal standards, including, but not limited to, roadway surface widening and ditch/drainage works. The extent of the upgrades will be determined subsequent to detailed review of the owner’s professional design plans for the development, and prior to the signing of the Development Agreement in consultation with the Municipality, and/or Municipal Engineering Consultants, and the owner’s Professional Engineering Consultant. d) That the owner obtains approval from the Municipality of Bayham for road entrance permit (Elgin Street) for a new access to the proposed Severed Lot; e) That the owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 7 impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. f) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. g) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland. h) That the owner provides a digital copy of a survey of the subject lands. i) That the owner applies and pay’s all fees to the Municipality with respect to Civic Addressing/signage for the severed lot. j) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: August 15, 2024 REPORT: DS-59/24 FILE NO. C-07/ D07.1830567 Roll # 3401-000-006-05302 SUBJECT: Official Plan Amendment OPA-02/24 1830567 Ontario Inc. 55942 Maple Grove Line Draft By-law No. 2024-048 Official Plan Amendment No. 37 BACKGROUND Appointed Agent Jesse Froese, has submitted an Official Plan Amendment application on behalf of owner 1830567 Ontario Inc. proposing a site-specific official plan amendment on lands known municipally as 55942 Maple Grove Line located on the north side, west of Plank Road in Concession 8 Part Lot 19. The subject property is designated as ‘Agriculture’ as per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official Plan and are currently zoned Agricultural (A1) on Schedule ‘A’ Map No. 6 of the Municipality of Bayham Zoning By-law Z456-2003. The purpose of the Official Plan Amendment is to add a new site-specific sub-section to permit the severance of an existing single-detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan, which requires that consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. The existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached dwelling that was no longer safe and uninhabitable. The effect of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling that was built and occupied for less than the minimum requirement of ten (10) years prior to the date of the consent application. PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was held on July 18, 2024 in the Council Chambers, 56169 Heritage Line, in Straffordville. The appointed agent was present, there were no public presentations, no oral or written public submissions received. DISCUSSION The owner wishes to sever an existing dwelling made surplus through farm consolidation that does not DS-59/24 1830567 Ontario Inc 2 conform to Official Plan Section 2.1.7.1, which currently states that consents to sever and convey existing farm dwellings requires the dwellings to have been built and occupied a minimum of ten (10) years prior to the date of consent application. The attached municipal planner’s memorandum, dated August 7, 2024, provides the details and rationale for the recommendation to adopt Official Plan Amendment (OPA) No. 37 subject to the Provincial Policy Statement (PPS), Elgin County’s and Bayham’s Official Plans. 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 firstly, a zoning amendment to change the zoning on the retained parcel to site-specific Special Agricultural (A2-XX) to prohibit future residential dwellings and recognize the undersized nature of the agricultural parcel and secondly, a zoning amendment to change the severed parcel to a site-specific Rural Residential Zone (RR-XX) to permit a reduced lot frontage. Rezoning is required to meet the Official Plan policies for the severance of surplus farm dwellings. STRATEGIC PLAN Not Applicable. APPENDICES 1. OPA-02/24 Official Plan Amendment Application 2. Arcadis Memorandum, dated August 7, 2024 3. Draft By-law No. 2024-048 Official Plan Amendment No. 37 RECOMMENDATION THAT Staff Report DS-59/24 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 July 18, 2024 associated with this application, the appointed agent was present and there were 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. 2024-048 being an adopting By-law for Official Plan Amendment No. 37, for the purpose of adding a new site-specific sub-section to permit the severance of an existing single-detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan, which currently requires that consents to sever and convey an existing farm dwelling requires the dwelling to have been built and occupied a minimum of ten (10) years prior to the date of consent application and whereby the existing single-detached dwelling, to be severed through a future consent application as a surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair; DS-59/24 1830567 Ontario Inc 3 AND THAT adopted Official Plan Amendment No. 37 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 August 7, 2024 From Christian Tsimenidis, BES Project No 3404 - 938 cc Douglas W. Stewart, MCIP, RPP Subject 1830567 Ontario Inc. - Application for Official Plan Amendment OPA-02/24, 55942 Maple Grove Line Background 1. The Municipality of Bayham has received Official Plan Amendment Application OPA-02/24 from Jesse Froese on behalf of 1830567 Ontario Inc., owner of the subject lands, to add a new site-specific sub-section to permit the severance of an existing single-detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan. Currently, Section 2.1.7.1 requires that consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. The existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair. The previous owner had the ability to repair or replace the existing farmhouse in accordance with municipal policies and through the issuance of a Building Permit. Based on this principle, even the previously existing dwelling in accordance with the Official Plan policies would have been eligible as a surplus farm dwelling. This Official Plan Amendment would facilitate a future Consent application to sever the existing dwelling. Subject Property and Surrounding Area 2. The subject lands are located on the north side of Maple Grove Line, west of Plank Road. The lands are legally identified as Part Lot 19, Concession 8 and known municipally as 55942 Maple Grove Line. The subject lands can be described as an irregular shaped lot with an approximate lot area of 10.08 hectares (24.9 acres), an estimated lot frontage of 292.5 metres (959.6 feet) along Maple Grove Line, and an estimated lot depth of 243.0 metres (797.2 feet). An existing single-detached dwelling and greenhouse exist on the subject property. The existing gravel driveway with access to Maple Grove Line currently serves the existing residential dwelling to be severed. The existing private well and septic system currently serves the existing residential dwelling and will remain unaltered and within the proposed severed lot as a result of this proposal. ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 2 3. The subject property is designated as ‘Agriculture’ as per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official Plan and are currently zoned Agricultural (A1) on Schedule ‘A’ Map No. 6 of the Municipality of Bayham Zoning By-law Z456-2003. The surrounding lands are agricultural in all directions, with several existing rural and estate residential lots further east along Maple Grove Line, as well as small- scale commercial uses along Plank Road. 4. As previously mentioned, this Official Plan Amendment is to facilitate the severance of a surplus farm dwelling from a farm parcel where the existing single-detached dwelling was built and occupied for less than the minimum requirement of ten (10) years. The proposed severed lot would have a lot frontage of 13.4 metres (44.1 feet), lot area of 0.696 hectares (1.72 acres), and consist of the single-detached dwelling, well and septic bed, as well as the existing gravel driveway and access to the dwelling. 5. The proposed retained lot for the existing agricultural operations, would have a lot frontage of 279.1 metres (915.7 feet), lot area of 9.38 hectares (23.2 acres), and would consist of the existing greenhouse. The subject property is currently undersized and a future Zoning By-law Amendment Application will be required to recognize the existing undersized parcel for the proposed retained lot. It should also be noted that the existing greenhouse encroaches over the proposed severed lot property lines. As a future Condition of Approval at the Consent Application stage, the applicant has agreed to remove the portion of the greenhouse encroaching into the proposed severed lot. Further, as a future Condition of Approval, a future access permit for the proposed retained lot will be required. Public Comments 6. A statutory Public Meeting was held on July 18th, 2024, and no written or verbal feedback from the public were received. Provincial Policy Statement 7. 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 private well and septic system ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 3 and has adequate servicing according to the documentation provided by the applicant. 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 future Consent Application would be conditional on rezoning the retained lands to a ‘Special Agriculture (A2)’ Zone to prohibit new dwellings. This will ensure that no new dwellings are permitted on the remnant parcel of farmland created by the severance. Therefore, it is our opinion that the proposed Official Plan Amendment is consistent with the PPS to facilitate the creation of a future surplus farm dwelling lot by way of Consent Application and Zoning By-law Amendment Application. Elgin County Official Plan 8. 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 direct access and frontage along Maple Grove 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: Maple Grove Line is not identified as a Provincial Highway or County Road. The applicant will utilize the existing access for the proposed severed lot. As a Condition of Approval for the future Consent Application, ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 4 the applicant will be required to obtain an access permit from the Municipality of Bayham for a new access for the proposed retained lot. c) will not cause a traffic hazard; Comment: The proposed severance will not cause a traffic hazard, as the existing access to the dwelling will remain unaltered as they exist today. At the future access permit stage, a suitable location for a new access to the proposed retained lot will be determined. d) has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law; Comment: The subject property is currently undersized at 10.08 hectares, whereas 20.0 hectares is required for the current A1 Zone. Therefore, a future Zoning By-law Amendment Application will be required to recognize the existing undersized parcel for the proposed retained lot at 9.3 hectares. The proposed retained lot will meet the minimum lot frontage of 150.0 metres. The proposed severed lot will meet the minimum lot area requirement of 0.4 hectares, however, the proposed lot frontage of 13.4 metres will not meet the minimum requirement of 50.0 metres. Please refer to Paragraphs 13 and 14 below for further details and analysis regarding the future Zoning By-law Amendment Application. 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 Paragraphs 13 and 14 of this Memo below for details. 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 has indicated that the existing private and septic system is in adequate condition to service the proposed severed lot for the existing single-detached dwelling. 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. ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 5 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 in the immediate area). 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 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, nor is the proposed retained lot. The proposal does not anticipate any new buildings/structures on the proposed severed and retained lots. 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 the existing private well to service the single-detached dwelling. 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 farm dwelling made surplus as a result of a farm consolidation that has not been built or occupied for the minimum requirement of ten (10) years. Given the new single-detached dwelling (built 2021) was a replacement of an existing (now demolished) dwelling built in 1900, the use had already existing for 100+ years and a new dwelling was simply constructed to replace the old dwelling due to safety concerns. As such, it is Arcadis’s opinion that the general intent and purpose of Section 2.1.7.1 in the Official Plan is met, and, 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. m) will conform to Section 51 (24) of the Planning Act, as amended. ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 6 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. Municipality of Bayham Official Plan 9. 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 surplus to a consolidated farm operation, may be permitted within the “Agriculture” designation in accordance with the following criteria: Comment: It is understood that the existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed recently in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair. Given the recently constructed single-detached dwelling was a replacement of an existing (now demolished) dwelling built in 1900, the use had already existing for 100+ years and a new dwelling was simply constructed to replace the old dwelling due to safety concerns. 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. a) 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 future Consent Application to create a rural residential lot in a 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 Arcadis’s opinion that this OPA and future Consent Application would not create land use conflicts. b) Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 7 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: The subject property only consists of one (1) single-detached dwelling to be severed as a surplus farm dwelling and remain on the proposed severed lot. It is understood that no other surplus farm dwelling severances have occurred on the subject lands. c) 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: The owner has a principal residence located within the Municipality of Bayham, directly south of the subject property at 55903 Maple Grove Line. 10. Sections 2.1.7.2 and 2.1.7.2 of the Bayham Official Plan provides consideration for the approval and requirements of severances for surplus farm dwellings as follows: 2.1.7.2 The severed lot with the surplus farm dwelling shall: a) Be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply; Comment: The proposed severed lot is no larger than necessary to support existing private well and sanitary servicing, as demonstrated by the sketch provided by the applicant. b) Meet the provisions of the MDS 1 for livestock facilities and manure storage facilities on the proposed retained lands; and, Comment: It is understood there are no livestock operations identified in the immediate area warranting MDS 1 concerns. c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the Municipality of Bayham Comment: As detailed further in Paragraph 14 of this Memo below, the applicant is required to rezone the proposed severed lot from A1 to RR- XX with a Site-Specific Exception to permit a Minimum Lot Frontage of 13.4 metres. 2.1.7.3 The severed lot with the surplus farm dwelling may: a) Include accessory buildings and structures if in the opinion of Municipal Council a land use conflict will not be created; and, ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 8 Comment: No existing accessory buildings are proposed on the severed lot. As previously mentioned, a portion of the existing greenhouse encroaching onto the proposed severed lot will be removed by the applicant and included as a Condition of Approval for the subsequent Consent Application. b) Include accessory buildings and structures where the property has been rezoned to prohibit the keeping of livestock Comment: The applicant is not including accessory buildings and structures on the proposed severed lot for the keeping of livestock. The keeping of livestock on the proposed severed lot is prohibited in the RR Zone. 11. Section 2.1.7.4 of the Bayham Official Plan provides additional consideration for the approval and requirements of the retained agricultural lands as follows: a) Depending on the current zoning and lot size, meet the provisions of the Agricultural (A1 / A1-A) Zone regulations of the Zoning By-law of the Municipality of Bayham; and, Comment: The subject property is currently undersized at 10.08 hectares (whereas 20.0 hectares is required for the current A1 Zone), therefore, a future Zoning By-law Amendment Application will be required to recognize the existing undersized parcel for the proposed retained lot. b) Be rezoned to prohibit the placement, development, or establishment of any additional type or form of residential dwelling units thereon, regardless of changes in property boundary or ownership. Comment: The applicant is required to rezone the retained lot from A1 to A2-XX in order to prohibit the development of a future residential dwelling, as well as recognize the existing undersized lot area though a Site- Specific Exception to permit a Minimum Lot Area of 9.3 hectares. 12. Based on the above analysis, it is Arcadis’s opinion that the proposed Official Plan Amendment is appropriate to facilitate the severance of a surplus farm dwelling where the existing dwelling was built and occupied for less than the minimum requirement of ten (10) years. Municipality of Bayham Zoning By-law 13. The subject lands are zoned Agriculture (A1) on Schedule ‘A’ Map No. 6 in Municipality of Bayham Zoning By-law Z456-2003. The proposed retained lot meets the Minimum Lot Frontage of 150.0 metres, however, given the subject property is currently undersized, the proposed retained lot would not meet the Minimum Lot Area of 20.0 hectares. Should the OPA be adopted by Council and approved by ARCADIS MEMORANDUM Municipality of Bayham – August 7, 2024 9 Elgin County, the Consent Application would be conditional on rezoning the retained lot to a Site-Specific Special Agriculture (A2-XX) Zone to prohibit new dwellings, as well recognize the existing undersized nature of the lot to permit a Minimum Lot Area of 9.3 hectares. 14. The proposed severed lot would meet the Minimum Lot Area of 0.4 hectares, however, the proposed lot frontage of 13.4 metres would not meet the Minimum Lot Frontage of 50.0 metres for the Rural Residential (RR) Zone. As previously mentioned, the proposed lot frontage of 13.4 metres is necessary to minimize the proposed lot area of the severed lot, as well as minimize the inclusion of farmed lands for corn and soybeans currently utilized by the existing agricultural operation for the proposed retained lot. The intent is to maintain as much agricultural and/or farmed land within the retained lot, thus requiring a reduction in the Minimum Lot Frontage for the proposed severed lot. Should the OPA be adopted by Council and approved by Elgin County, the Consent Application would be conditional on rezoning the severed lot to a Site-Specific Rural Residential (RR-XX) Zone to permit a Minimum Lot Frontage of 13.4 metres. Conclusion and Recommendations 15. Generally, the purpose of this Official Plan Amendment is to acknowledge that the previous existing dwelling, which was replaced in 2021, addresses the timing requirements of the Official Plan for consideration of a surplus farm dwelling, and thus is eligible to comply with the policies. Therefore, we have no objection to the proposed Official Plan Amendment to permit the severance of an existing single- detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan, which requires that consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten (10) years prior to the date of the Consent Application. Draft OPA No. 37 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. 37 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: 1830567 Ontario Inc. 55942 Maple Grove Line The following text constitutes Amendment No. 37 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. 2024-048, in accordance with Section 17 of the PLANNING ACT, on the 15th day of August 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-048 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. 37 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. 37 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 15th day of August 2024. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 37 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 single-detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan. Currently, Section 2.1.7.1 requires that consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. The existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair. This Official Plan Amendment 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 19, Concession 8 and known municipally as 55942 Maple Grove Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with a single-detached dwelling and greenhouse to the east of the residential dwelling. 55942 Maple Grove Line, north side, and west of Plank Road. The subject lands can be described as an irregular shaped lot with an approximate lot area of 10.08 hectares (24.9 acres), an estimated lot frontage of 292.5 metres (959.6 feet) along Maple Grove Line, and an estimated lot depth of 243.0 metres (797.2 feet). The existing gravel driveway with access to Maple Grove Line currently serves the existing residential dwelling to be severed. The retained agricultural lands have sufficient frontage along Vienna Line. The surrounding lands are agricultural in all directions, with several rural and estate residential lots to the east along Maple Grove Line, as well as small-scale commercial uses along Plank Road. 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 consisting of an existing residential dwelling is being consolidated into a farm operation, the Bayham Official Plan only permits that consents to sever and convey an existing farm dwelling are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. It is understood that the existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed recently in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair. Given the recently constructed single-detached dwelling was a replacement of an existing (now demolished) dwelling built in 1900, the use had already existing for 100+ years and a new dwelling was simply constructed to replace the old dwelling due to safety concerns. 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: 2.1.7.10 Notwithstanding Section 2.1.7.1, the dwelling located in Part Lot 19, Concession 8 and known municipally as 55942 Maple Grove Line, and existing as of August 2024, may be severed as a surplus farm dwelling, where the existing single-detached dwelling has been built and occupied for less than a minimum of ten (10) years prior to the date of a consent application. REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 15, 2024 REPORT: DS-60/24 FILE NO. C-07 / D13.BERG Roll # 3401-000-005-06400 SUBJECT: Rezoning Application ZBA-15/24 Aganeta Bergen 10564 Culloden Road, North Hall Draft Zoning By-law No. Z787-2024 BACKGROUND Appointed Agent Jesse Froese has submitted a rezoning application on behalf of Aganeta Bergen to rezone the property at 10564 Culloden Road, east side, north of Eden Line in the hamlet of North Hall. 6. The subject property is designated both ‘Hamlet’ (North Hall) and ‘Agriculture’ as per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official Plan. The entirety of the proposed severed lot is located within the ‘Hamlet’ land use designation, while only the front portion of the proposed retained lot is designated ‘Hamlet’, and the rear portion is designated ‘Agriculture’. This means the rear portion of the proposed retained lot is located outside of the Hamlet of North Hall boundary. The proposed severed lot and front portion of the proposed retained lot are both zoned ‘Holding Hamlet Residential ((HR (h1))’ on Schedule ‘C’ of Zoning By-law No. Z456-2003. The rear portion of the retained lot is zoned ‘Agricultural (A1)’ Zone on Schedule ‘A’, Map No.1 of the Zoning By-law. The purpose of this By-law Amendment is to rezone two portions of the subject lands as a result of a severance for the creation of a new lot, in Zoning By-law No. Z456-2003. The proposed Retained Lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1- 47)’ Zone to permit a Minimum Lot Area of 7.9 hectares, a Minimum Lot Frontage of 22.0 m (72.2 ft), and a Minimum Side Yard Depth of 2.8 m (9.2 ft) for the existing accessory building/structure. The proposed Severed Lot is to be rezoned from ‘Holding Hamlet Residential (HR(h1))’ Zone to ‘HR’ Zone in order to remove the ‘h1’ Holding Provision pertaining to adequate water and sanitary servicing. The effect of this By-law will be to recognize the Minimum Lot Area and Minimum Lot Frontage deficiency and permit a reduced Minimum Side Yard Depth from the existing accessory building/structure for proposed Retained Lot. Further, the effect of this By-law will be to sever the existing single-detached dwelling on the proposed Severed Lot and remove the h1 Holding Staff Report DS-60/24 Bergen 2 Provision, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E18-24 that was Conditionally Approved on March 27th, 2024. The public meeting was held on July 18, 2024 with the appointed agent in attendance and no oral or written public submissions. DISCUSSION Staff Report DS-15/24 regarding the Consent Application E18-24 along with the planner’s memorandum, dated March 11, 2024, was presented, considered and supported by Council on March 21, 2024. The Elgin Land Division Committee conditionally granted the application on March 27, 2024 including the condition to rezone both the severed and the retained parcel. The requirement of the owner in order to remove the Holding Provision was to install a well and provide water testing results meeting provincial standards for the existing dwelling. The installation has been completed and satisfactory testing results have been provided. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the retained lot from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-47)’ Zone to permit a Minimum Lot Area of 7.9 hectares, a Minimum Lot Frontage of 22.0 m (72.2 ft.), and a Minimum Side Yard Depth of 2.8 m (9.2 ft.) for the existing accessory building/structure, as well as, change the zoning on the proposed severed lot from ‘Holding Hamlet Residential (HR(h1))’ Zone to ‘HR’ Zone in order to remove the ‘h1’ Holding Provision pertaining to adequate water and sanitary servicing. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-15/24 Bergen 2. Draft Zoning By-law No. Z787-2024 RECOMMENDATION THAT Report DS-60/24 regarding the Bergen rezoning application ZBA-15/24 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 July 18, 2024 associated with this application, the appointed agent was in attendance with no oral or 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 Part Lot 6 Concession 9, known municipally as a 10564 Culloden Road, hamlet of North Hall, from Holding Hamlet Residential (HR (h1)) Zone to Hamlet Residential (HR) Zone on the severed lot and from Agricultural (A1) to Site-specific Agricultural (A1-47) on a portion of the retained parcel Staff Report DS-60/24 Bergen 3 as a condition of Consent E18-24 to permit the severance of an existing single-detached dwelling; AND THAT Zoning By-law No. Z787-2024 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. Z787-2024 BERGEN 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 “C” (North Hall) changing the zoning symbol on a portion of the lands from ‘Holding Hamlet Residential (HR(h1))’ Zone to ‘Hamlet Residential (HR)’ Zone, which lands are outlined in heavy solid lines and marked “HR” on Schedule “C” (North Hall) 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 Schedule “A” Map No. 1 by changing the zoning symbol on a portion of the lands from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-47)’ Zone, which lands are outlined in heavy solid lines and marked “A1-47” on Schedule “A” Map No. 1 to this By- law, which schedule is attached to and forms part of this By-law. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses: 5.12.47.1 Defined Area A1-47 as shown on Schedule “A”, Map No. 1 to this By-law. 5.12.47.2 Minimum Lot Area Notwithstanding Section 5.3 of this By-law, the Minimum Lot Area shall be 7.9 hectares. 5.12.47.3 Minimum Lot Frontage Notwithstanding Section 5.4 of this By-law, the Minimum Lot Frontage shall be 22.0 metres. 5.12.47.4 Minimum Side Yard Depth Notwithstanding Section 5.9 of this By-law, the Minimum Side Yard Depth for the existing accessory building/structure erected prior to the date of the passing of this By- law shall be 2.8 metres. 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 15TH DAY OF AUGUST 2024. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 15, 2024 REPORT: DS-61/24 FILE NO. C-07 / D13.WIEBE Roll # 3401-000-005-08605 SUBJECT: Rezoning Application ZBA-18/24 Wiebe, J & T 55309 Talbot Line, Hamlet of North Hall Draft Zoning By-law No. Z786-2024 BACKGROUND Appointed Agent Michele Hammond (MH Design) has submitted a rezoning application on behalf of John and Tina Wiebe to rezone the property at 55309 Talbot Line, south side, north Eden Line. The subject property is currently zoned ‘Hamlet Residential (HR)’ in Schedule ‘C’ – North Hall in Zoning By-law No. Z456-2003. As per Section 9.5.1 of the Zoning By-law, the Maximum Height for an accessory building in the HR Zone is 4.5 metres. The intent of this regulation is to ensure that accessory buildings/structures maintain the low-rise built form of 1 to 2 storeys in height. The purpose of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-16)’ Zone to facilitate the development of a new accessory building and seek relief from the following provisions: Permit a Maximum Accessory Building Height of 6.1 m (20.0 ft), whereas Section 9.5.1 of the Zoning By-law requires 4.5 metres, and; Permit a Maximum Floor Area of 372.0 m2 (4,004.2 ft2) for an Accessory Building, whereas Section 9.7 of the Zoning By-law requires 75.0 m2 (807.3 ft2) or 8% lot coverage (whichever is less). The effect of this By-law will be to permit a new accessory building on the subject property for the purpose of storing a boat, camping trailer, and personal belongings, with a proposed Maximum Height of 6.1 m (20.0 ft.) and Maximum Floor Area of 372.0 m2 (4,004.2 ft2) by way of Site-Specific Exceptions to the current HR Zone. The public meeting was held on July 18, 2024 with the Appointed Agent Michele Hammond present and no oral or written public submissions. Staff Report DS-61/24 Wiebe 2 DISCUSSION The attached planner’s memorandum, dated August 7, 2024, provides a full analysis of the application against the Official Plan and Zoning By-law also noting that the Ministry of Transportation was consulted and they do not require a Building & Land Use Permit for this development. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Hamlet Residential (HR) Zone to Site-specific Hamlet Residential (HR-16) Zone to permit the development of an accessory building on the subject property for personal storage of a boat, camping trailer and personal belongings, which requires relief from Zoning By-law No. Z456-003 Sections 9.5.1 and 9.7. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-18/24 Wiebe 2. Arcadis Memorandum, dated August 7, 2024 3. Draft Zoning By-law No. Z786-2024 RECOMMENDATION THAT Report DS-61/24 regarding the Wiebe rezoning application ZBA-18/24 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 July 18, 2024 associated with this application, there was one oral presentation by the 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 property located in Pat Lot 9 Concession 9, known municipally as 55309 Talbot Line, from Hamlet Residential (HR) to Site-specific Hamlet Residential (HR-16) to permit the development of an accessory building for personal storage of a boat, camping trailer and personal belongings, which requires relief from the following provisions: Section 9.5.1 to permit a Maximum Accessory Building Height of 6.1 metres, whereas 4.5 metres is required, and; Section 9.7 to permit a Maximum Floor Area of 372.0 m2 for an Accessory Building, whereas 75.0 m2 or 8% lot coverage (whichever is less) is required AND THAT Zoning By-law No. Z786-2024 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 August 7th, 2024 From Christian Tsimenidis, BES Project No 3404 - 950 cc William Pol, MCIP, RPP Subject John and Tina Wiebe - Application for Zoning By-law Amendment ZBA-18/24, 55309 Talbot Line, Hamlet of North Hall Background 1. Arcadis has completed a review of the application for a Zoning By-law Amendment submitted by Michele Hammond on behalf of John and Tina Wiebe, owners of the subject property identified as 55309 Talbot Line, south side, and north of Eden Line in the Hamlet of North Hall. The applicant is requesting a Zoning By-law Amendment to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-16)’ Zone to permit the development of a one-storey accessory building on the subject property for personal storage of a boat, camping trailer and personal belongings, which requires relief from the following provisions: Section 9.5.1 to permit a Maximum Accessory Building Height of 6.1 metres, whereas 4.5 metres is required, and; Section 9.7 to permit a Maximum Floor Area of 372.0 m2 for an Accessory Building, whereas 75.0 m2 or 8% lot coverage (whichever is less) is required. 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 ‘Hamlet Residential (HR)’ in Schedule ‘C’ – North Hall in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 3. The subject property has a lot area of approximately 11,123.1 m2 (1.1 ha.), estimated lot frontage of 153.6 m (503.9 ft), and a lot depth of 98.0 m (321.5 ft). The subject property can be described as an ‘irregular shaped lot’ that is significantly larger than traditional ‘HR’ zoned properties in the Hamlet of North Hall. The subject property comprises of an existing single-detached dwelling with an attached three-door garage. The existing single-detached dwelling and attached garage will remain as it exists today. ARCADIS MEMORANDUM Municipality of Bayham – August 7th, 2024 2 4. An existing access from Talbot Line is currently used to access the subject property and will continue to be utilized for the proposed accessory building. The proposed accessory building is located outside of the Ministry of Transportation (MTO) control area, which was confirmed by email correspondence on June 3, 2024, by MTO Staff, and therefore, an MTO Building and Land Use Permit will not be required. The subject property is currently serviced by private well and private septic system, which will remain unaltered and unimpacted as a result of the proposed accessory building. 5. The subject property is located just within the border of the Hamlet of North Hall and is therefore immediately surrounded by agricultural fields outside the Hamlet area boundary. Existing low-rise residential dwellings, commercial and institutional uses are located further southwest of the subject property along Eden Line in the Hamlet of North Hall. Public Comments 6. A statutory Public Meeting was held on July 18th, 2024, and no written or verbal feedback from the public was received. Municipality of Bayham Official Plan 7. The Bayham Official Plan designates the subject property as ‘Hamlets’ in Schedule ‘A1’: Land Use. As per Section 4.4.1.2 of the Official Plan, the ‘Hamlets’ land use designation is intended to primarily encourage and support the development of single-detached dwellings supported by accessory uses in order to maintain a low- rise residential built-form. 8. Comment: The proposed accessory building will support the existing single- detached dwelling to remain on the subject property, which is a permitted use. It is Arcadis’s opinion that the proposed Maximum Height of 6.1 metres and Maximum Floor Area of 372.0 m2 for the proposed accessory building will still maintain the general intent and purpose of the Official Plan, being that the low-rise nature and built form (1-2 storeys) of the Hamlet of North Hall will be maintained. 9. Section 4.2.5 of the Official Plan provides general policy direction with respect to “Community Design” in order to encourage a high standard of community design and quality of place for Bayham’s residents. More specifically, this Section describes promoting improvement of the physical character, appearance and safety of streetscapes, encouraging tree retention on private lands, and efficient development of patterns. 10. Comment: It is Arcadis’s opinion that the proposed oversized accessory building will maintain the intent of Section 4.2.5 of the Official Plan, as the accessory building will be utilized for the storage of personal belongings including a camping trailer, and boat, thus reducing negative visual impacts of outdoor storage from the ARCADIS MEMORANDUM Municipality of Bayham – August 7th, 2024 3 streetscape. Further, the existing trees and vegetation along the perimeter of the subject property will be maintained and act as a buffer to the surrounding and adjacent properties. Therefore, it is Arcadis’s opinion that the oversized accessory building has consideration for the retention of existing trees on the subject property, as the accessory building is proposed away from the existing trees. 11. Section 5.2.3.2 of the Official Plan provides general policy direction for development located adjacent to a provincial highway in order to ensure the integration of municipal planning initiatives with provincial transportation planning. This Section subjects development within the MTO permit control area to MTO approval under the Public Transportation and Highway Improvement Act (PTHIA). Further, the Official Plan discourages and often prohibits direct access onto provincial highways. 12. Comment: The applicant has consulted with the MTO regarding a permit for the proposed accessory building. The MTO confirmed on June 3, 2024, that the proposed location of the accessory building was not within the MTO permit control area, and therefore, a Building and Land Use Permit is not required for the proposed accessory building. As previously mentioned in this Memorandum, an existing access from Talbot Line is currently used to access the subject property and will continue to be utilized for the proposed accessory building. No new access is being proposed by the applicant as a result of the new oversized accessory building. It is Arcadis’s opinion that the proposed accessory building will not result in additional traffic along Talbot Line. Based on the analysis provided above, it is Arcadis’s opinion that the proposed Zoning By-law Amendment Application would conform to the Bayham Official Plan. Municipality of Bayham Zoning By-law 13. The subject property is currently zoned ‘Hamlet Residential (HR)’ in Schedule ‘C’ – North Hall in Zoning By-law No. Z456-2003. As per Section 9.5.1 of the Zoning By- law, the Maximum Height for an accessory building in the HR Zone is 4.5 metres. The intent of this regulation is to ensure that accessory buildings/structures maintain the low-rise built form of 1 to 2 storeys in height. 14. Comment: The existing single-detached dwelling and attached garage is considered 2 storeys in height. It is Arcadis’s opinion that the proposed height of 6.1 metres for the accessory building maintains the intended low-rise built form of the existing zone and surrounding area. The proposed height of 6.1 metres would be lower than the permitted 10.5 metres for primary uses/buildings on the subject property, thus maintaining a height that is in keeping with the accessory nature of the proposed structure. Further, the proposed location of the accessory building in the south-eastern corner of the subject property would also minimize concerns of an imposing structure over adjacent properties, given the vegetation buffer along ARCADIS MEMORANDUM Municipality of Bayham – August 7th, 2024 4 the east, south and west edges of the subject property. In addition, the proposed front yard setback of 46.2 m (151.6 ft) also provides a significant separation distance between the street/public realm and the proposed oversized accessory building, thus minimizing impacts from the streetscape. Therefore, it is Arcadis’s opinion that the proposed height of 6.1 metres meets the general intent and purpose of the Zoning By-law, as it maintains compatibility with the intended low-rise built form and will not have significant impacts to the neighbouring properties. 15. As per Section 9.7 of the Zoning By-law, the Maximum Floor Area for an accessory building in the HR Zone is 75.0 m2 or 8% lot coverage, whichever is less. In this case, given that 8% lot coverage of the subject property is approximately 890.0 m2 (9,579.9 ft2), the Maximum Floor Area of 75.0 m2 would apply. The intent of this regulation is to avoid large scale accessory buildings which may have an impact to the surrounding area and neighbours. 16. Comment: It is Arcadis’s opinion that the proposed Maximum Floor Area of 372.0 m2 for the proposed accessory building meets the general intent and purpose of the Zoning By-law, as the size of the subject property of the detached garage mitigates adverse impacts to the adjacent lots and public realm for the following reasons. The Maximum Floor Area of 372.0 m2 represents an equivalent lot coverage of 3.3%, and if combined with the existing single-detached dwelling and attached garage, this would equate to a total lot coverage of approximately 5.5% for all buildings/structures on the subject property, whereas 30% is the Maximum Lot Coverage for ‘HR’ Zones. As such, it is Arcadis’s opinion that the overall lot coverage of buildings/structures on the subject property as a result of the proposed accessory building will not have significant impacts to the neighbourhood. Further, the proposed accessory building is located approximately 46.2 m (151.6 ft) from the front property line, thus providing a significant separation distance from the street/public realm. The proposed accessory building is also located outside of the front yard and is not built closer to the street than the main building in order to mitigate negative visual impacts from the streetscape. Therefore, it is Arcadis’s opinion that the proposed Maximum Floor Area of 372.0 m2 for accessory buildings on the subject property meets the general intent and purpose of the Zoning By-law and will not have adverse impacts to adjacent properties. Conclusion and Recommendations 17. Based on our review, Arcadis has no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-16)’ Zone to permit the development of an accessory building on the subject property for personal storage ARCADIS MEMORANDUM Municipality of Bayham – August 7th, 2024 5 of a boat, camping trailer and personal belongings, which requires relief from the following provisions: Section 9.5.1 to permit a Maximum Accessory Building Height of 6.1 metres, whereas 4.5 metres is required, and; Section 9.7 to permit a Maximum Floor Area of 372.0 m2 for an Accessory Building, whereas 75.0 m2 or 8% lot coverage (whichever is less) is required. 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. Z786-2024 WIEBE 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 “C” (North Hall) by changing the zoning symbol on the lands from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-16)’ Zone, which lands are outlined in heavy solid lines and marked “HR-16” on Schedule “C” (North Hall) 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: 9.12.16.1 Defined Area HR-16 as shown on Schedule “C” (North Hall) to this By-law. 9.12.16.2 Regulations for Accessory Buildings Notwithstanding the provisions of Section 9.5.1 and Section 9.7 of this By-law, the following shall apply: a) Maximum Height: 6.1 metres c) Maximum Floor Area: 372.0 m2 for any new buildings/structures erected after the date of passing of this By-law. 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 15TH DAY OF AUGUST 2024. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 15, 2024 REPORT: DS-62/24 FILE NO. C-07 / D13.GIES Roll # 3401-000-006-07300 SUBJECT: Rezoning Application ZBA-19/24 Giesbrecht, N & M 11306, 11390 and 11450 Ridge Line Draft Zoning By-law No. Z788-2024 BACKGROUND Appointed Agent Michael Szorenyi (Gibson Bennett Groom & Szorenyi) has submitted a rezoning application on behalf of Neil and Maria Giesbrecht as a condition of Consent Application E75-23 to rezone the property at 11306, 11390 and 11450 Ridge Line, south side, south of the hamlet of Eden. The subject property is designated as ‘Agriculture’ land use, and the southern portion designated ‘Natural Heritage’, as per Schedule ‘A1’ of the Municipality of Bayham Official Plan. The subject property is zoned both ‘A1-A’ and ‘A1’ on Schedule ‘A’, Map No. 6 of 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 the ‘Agricultural (A1-A)’ Zone to the ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned from the ‘A1-A’ Zone to the ‘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 E75-23 that was Conditionally Approved on May 22, 2024. The public meeting was held on July 18, 2024 with the appointed agent in attendance and no oral or written public submissions. DISCUSSION Staff Report DS-32/24 regarding the Consent Applications E75-23 and E30-24 along with the planner’s memorandum, dated April 11, 2024, was presented, considered and supported by Staff Report DS-62/24 Giesbrecht 2 Council on April 18, 2024. The Elgin Land Division Committee conditionally granted the applications on May 22, 2024 including the condition to rezone both the severed and the retained parcel in Consent Application E75-23. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the proposed severed lot containing a farm dwelling from Agricultural (A1-A) Zone to Rural Residential (RR) Zone and to change the zoning on the retained lot from ‘Agricultural (A1-A)’ Zone to Special Agricultural (A2) Zone to prohibit residential dwellings to meet the policies of the Official Plan for the severance of a surplus farm dwelling. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-19/24 Giesbrecht 2. Draft Zoning By-law No. Z788-2024 RECOMMENDATION THAT Report DS-62/24 regarding the Giesbrecht rezoning application ZBA-19/24 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 July 18, 2024 associated with this application, the property owner was in attendance with no oral or 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 Part Lots 23 and 24 Concession 8, known municipally as a 11306 Ridge Line from Agricultural (A1-A) Zone to Rural Residential (RR) Zone on the severed lot and change the zoning on the retained parcel known municipally as 11390 and 11450 Ridge Line from Agricultural (A1-A) to Special Agricultural (A2) to prohibit new dwellings as a condition of Consent E75-24 to permit the severance of an existing single-detached dwelling as a surplus farm dwelling; AND THAT Zoning By-law No. Z788-2024 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. Z788-2024 GIESBRECHT 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 a portion of the lands from ‘Agricultural (A1-A)’ Zone to ‘Rural Residential (RR)’ Zone, which lands are outlined in heavy solid lines and marked “RR” 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 Schedule “A” Map No. 6 by changing the zoning symbol on a portion of the lands from ‘Agricultural (A1-A)’ and ‘Agricultural (A1) Zone to the ‘Special Agricultural (A2)’ Zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 6 to this By-law, which schedule is attached to and forms part of this By-law. 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 15TH DAY OF AUGUST 2024. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: August 15, 2024 REPORT: DS-63/24 FILE NO. C-07 SUBJECT: Delegation of Powers and Duties – Development Agreements and Temporary Use and Removal/Demolition Agreements BACKGROUND By-law No. 2014-090, being a by-law to adopt a policy with respect to the delegation of powers and duties of Council of the Corporation of the Municipality of Bayham is currently in effect as required under the Municipal Act. In addition, at its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for Everyone Act, 2022 and 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. DISCUSSION Delegating authority to staff for site plan agreements has worked well and provides for a more timely review and execution of the agreements. Staff have indicated that this approval mechanism may also work well for Development Agreements and Temporary Use and Removal/Demolition Agreements should Council be desirous. Development Agreements are most commonly used for supplementary farm dwellings and infrastructure construction. Temporary Use and Removal/Demolition Agreements are used for situations where the landowner wishes to reside in a temporary trailer or in an existing dwelling Staff Report DS-63/24 2 while constructing a new dwelling. This agreement needs to be in place prior to the issuance of a building permit for a new dwelling and so the timing of executing this agreement directly correlated to the timelines for issuing a building permit. Regularly, these agreements are associated with other permits or applications, such as planning applications, which already receive Council support or approval; entering into an agreement is often a condition of approval and Council approval a second time essentially on the same matter is redundant. 2024 has seen a marked increase in planning applications and, by association, the number of Development Agreements and Temporary Use and Removal/Demolition Agreements coming before Council as stand-alone Reports. Staff are of the opinion that delegating authority to specific staff members to enter into these agreements would save administrative time. These agreements could be treated similar to site plan approvals, with Council receiving an update on agreements entered into under delegated authority via information Reports at Regular Council meetings. Should Council wish to delegate such approval authority, an amending by-law to By-law No. 2014-090 would provide such authority to the Chief Administrative Officer for approval of these agreement types. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Draft By-law No. 2024-049 RECOMMENDATION THAT Report DS-63/24 re Delegation of Powers and Duties – Development Agreements and Temporary Use and Removal/Demolition Agreements be received for information; AND THAT the Municipality of Bayham’s Chief Administrative Officer (CAO) be delegated authority to enter into Development Agreements and Temporary Use and Removal/Demolition Agreements on Council’s behalf; AND THAT the appropriate amending by-law 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. 2024-049 A BY-LAW TO AMEND BY-LAW NO. 2014-090, BEING A BY-LAW TO ADOPT A POLICY WITH RESPECT TO THE DELEGATION OF POWERS AND DUTIES OF COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, 2001, as amended, requires that all municipalities adopt and maintain a policy with respect to the delegation of Council's legislative and administrative authority; AND WHEREAS By-law No. 2014-090 being a by-law to adopt a policy with respect to the delegation of powers and duties was passed by Council on August 21, 2014; AND WHEREAS Council is desirous to amend By-law No. 2014-090; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Appendix “A” of the Delegation of Powers and Duties Policy be amended by replacing “Administrator” with “Chief Administrative Officer”; 2. AND THAT the following delegations be included: Delegated Authority Delegation Execute Development Agreements Chief Administrative Officer Execute Temporary Use and Removal/Demolition Agreements Chief Administrative Officer 3. AND THAT this by-law shall come into force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST, 2024. ____________________________ _____________________________ MAYOR CLERK 546 Niagara Street, PO Box 250 | Wyoming, ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com Hon. Melanie Joly, Minister of Foreign Affairs of Canada Hon. Mary Ng, Minister of Export Promotion, International Trade & Economic Development of Canada Hon. Francois-Phillip Champagne, Minister of Innovation, Science, & Industry of Canada Innovation Science & Economic Development Canada (ISED) Government of Canada MP Marilyn Gladu MPP Bob Bailey (sent via e-mail) Re: Underserviced Cellular Communication Services in Rural and Urban Centres in the Town of Plympton-Wyoming, other Rural and Urban Centres across Lambton County, and beyond Please be advised that the Council of the Town of Plympton-Wyoming, at its meeting on July 31st, 2024, passed the following resolution: Whereas the Government of Canada and The Town of Plympton-Wyoming have approved 2 new Cell Tower installations, yet no installations have occurred. ISED regulations state, “Following the consultation, and once the company and local municipality agree, the tower must be built within three years.” And Whereas the Town of Plympton-Wyoming is not able to utilize all the available modern technology for Fire Services due to the lack of cell signals and reliable cellular service coverage in our rural and urban communities. And Whereas residents of our community are not able to have reliability and confidence in our telecommunications infrastructure for our commercial establishments and economic growth, employment, school, virtual medical appointments, mental health, welfare and emergency services. And Whereas Many areas are considered “Dead Zones” causing rural and urban communities to incur prohibitive costs which include roaming and overage fees and/or alternative resources in order to gain basic and limited communication functionality. And Whereas the Federal Government is already exploring 6G services, yet existing Cell Towers in The Town of Plympton-Wyoming are only providing 3G which is ending in 2025, LTE and 4G service – where these services are even available. And Whereas the ISED has committed to have a reliable Network and states that, “Reliable telecommunications networks have never been more crucial. They support not only a wide range of economic and social activities but also other critical infrastructure sectors and 546 Niagara Street, PO Box 250 | Wyoming, ON, N0N 1T0 | 519-845-3939 | www.plympton-wyoming.com government services, and they are crucial for emergency services and public safety. They are fundamental to the safety, prosperity and well-being of Canadians.” And Whereas the top priority of the ISED as stated in the Telecommunications Reliability Agenda is, “Robust Networks and Systems – This means there is robust architecture for telecommunications networks with appropriate redundancy, diversity, and hardening against hazards, with particular care for emergency services. There are systems with controls and monitoring and the telecommunications supply chain including supplier equipment is trusted and secure. Investments are made to support these activities including in rural and remote areas or to address coverage gaps.” Now Therefore Be It Resolved that the Council of the Town of Plympton-Wyoming requests that the Federal Government and ISED and make it their priority to push forward with their commitment to provide this crucial infrastructure in a meaningful and timely manner and provide action and enforcement of the regulations that mandate timely installation of approved Cell Tower Installations. The health and well-being of our community is at the mercy of our Federal Government taking these matters seriously; taking action to reduce the harm being caused to our residents well being and allowing our emergency services to perform at standard that our larger urban municipalities are able to. Sincerely, Ella Flynn Executive Assistant – Deputy Clerk Town of Plympton-Wyoming Cc: All Ontario Municipalities The Corporation of the Township of Georgian Bluffs 1 | Township of Georgian Bluffs | 177964 Grey Road 18, R.R. #3, Owen Sound ON N4K 5N5 www.georgianbluffs.ca | P: 519-376-2729 July 23, 2024 Re: Township of Georgian Bluffs Resolution in Support – AMO/OMA Joint Health Resolution Campaign To whom it may concern, Please be advised that Council for the Township of Georgian Bluffs considered the above noted matter and passed resolution RES2024-158 at the July 17, 2024, meeting of Council: Moved By: Councillor Cathy Moore Coburn Seconded By: Councillor Tobin Day WHEREAS the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and WHEREAS it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and WHEREAS the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; and (Northern Ontario only) WHERAS Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long- term care, and paramedicine. WHEREAS the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and The Corporation of the Township of Georgian Bluffs 2 | Township of Georgian Bluffs | 177964 Grey Road 18, R.R. #3, Owen Sound ON N4K 5N5 www.georgianbluffs.ca | P: 519 376 2729 WHEREAS per capita health-care spending in Ontario is the lowest of all provinces in Canada, and WHEREAS a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Georgian Bluffs urge the Province of Ontario to recognize the physician shortage in the Township of Georgian Bluffs and Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care. Carried Thank you, Rayburn Murray Deputy Clerk Township of Georgian Bluffs 519-376-2729 x. 603 | rmurray@georgianbluffs.ca From: Kimberly Moran and Colin Best <amopresident@amo.on.ca> Sent: Tuesday, July 9, 2024 12:00 PM To: Carly Craig <ccraig@georgianbluffs.ca> Subject: AMO/OMA Joint Health Resolution Campaign Association of Municipalities of Ontario (AMO) 155 University Ave., Suite 800 Toronto, Ontario M5H 3B7 Telephone: 416.971.9856 Toll-free in Ontario: 1.877.426.6527 Fax: 416.971.6191 Ontario Medical Association 150 Bloor St. West, Suite 900 Toronto, ON M5S 3C1 Canada TF: 1.800.268.7215 T: 416.599.2580 F: 416.533.9309 E: info@oma.org oma.org Dear Heads of Council and Clerks, Communities across Ontario have been facing critical healthcare challenges, including long waitlists for primary care, shortages of doctors and other healthcare workers; and emergency room closures. These cracks in Ontario’s health care system are impacting economic development, health, and well-being at the local level. In response, the Ontario Medical Association (OMA) and the Association of Municipalities of Ontario (AMO) are working collaboratively to advocate for a better healthcare system for Ontario’s residents and communities. We have jointly developed the attached draft council resolution (Appendix A - Also in PDF and Word Versions), urging the provincial government to recognize the physician shortage in your municipality and the rest of Ontario. By adopting this resolution, your municipality can play a crucial role in highlighting the urgent need for more healthcare resources and support. AMO is excited to welcome everyone to Ottawa for our annual conference from August 18-21, 2024. We are pleased to inform you that the OMA will be participating at this year’s conference. Along with sponsoring the Rural Caucus Lunch on August 20, the OMA has reserved meeting room at the Fairmont Château Laurier for both August 20 and 21 to meet directly with municipal leaders. During these meetings, we would like to hear what you are seeing on the ground and discuss opportunities to work closer with you. We believe that collaboration between Ontario’s doctors and all 444 municipalities is essential in addressing the healthcare needs of your community. To set up a meeting with the OMA, please reach out to Tarun.Saroya@OMA.org (Senior Advisor for Government Relations and Advocacy) to book a 15-30 minute time slot at your earliest convenience. We look forward to your positive response and to working together towards a healthier future for all Ontarians. Yours sincerely, Kimberly Moran CEO, Ontario Medical Association Colin Best AMO President Appendix A: WHEREAS the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and WHEREAS it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and WHEREAS the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; and (Northern Ontario only) WHERAS Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, and paramedicine. WHEREAS the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and WHEREAS per capita health-care spending in Ontario is the lowest of all provinces in Canada, and WHEREAS a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province; NOW THEREFORE BE IT RESOLVED THAT the Council of (the name of municipality) urge the Province of Ontario to recognize the physician shortage in (name of municipality) and Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care. Manage your preferences | Opt Out View this email online. 155 University Ave Suite 800 | Toronto, ON M5H 3B7 CA This email was sent to ccraig@georgianbluffs.ca. To continue receiving our emails, add us to your address book. County of Frontenac 2069 Battersea Rd. Glenburnie, ON K0H 1S0 T: 613.548.9400 F: 613.548.8460 Sent Via Email 19 July 2024 Hon. Doug Ford (Premier of Ontario) Hon. Sylvia Jones (Ontario Minister of Health) Dr. Kieran Moore (Chief Medical Officer of Health) John Jordan, MPP (Lanark-Frontenac-Kingston) Ted Hsu, MPP (Kingston and the Islands) Association of Municipalities of Ontario (AMO) Ontario Medical Association (OMA) Eastern Ontario Warden’s Caucus (EOWC) All Ontario Municipalities Re: Frontenac County Council Meeting – July 17, 2024 – Request for the Provincial Government to Recognize the Physician Shortage in Frontenac County Please be advised that the Council of the County of Frontenac, at its regular meeting held July 17, 2024, passed the following resolution, being Motions, Notice of Which has Been Given, clause a): Motions, Notice of Which has Been Given a) Request for the Provincial Government to Recognize the Physician Shortage in Frontenac County Motion #: 133-24 Moved By: Seconded By: Deputy Warden Vandewal Councillor Saunders Whereas the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and, Whereas it is becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and, County of Frontenac Request for the Provincial Government to Recognize the Physician Shortage in Frontenac County Page 2 of 2 2069 Battersea Road, Glenburnie, ON K0H 1S0 T: 613.548.9400 | F: 613.548.8460 | frontenaccounty.ca Whereas Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, paramedicine, and other investments; and, Whereas the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and, Whereas per capita health-care spending in Ontario is the lowest of all provinces in Canada, and, Whereas a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province; Now Therefore Be It Resolved That the Council of the County of Frontenac urges the Province of Ontario to recognize the physician shortage in Frontenac County and Ontario, to fund health care appropriately, and ensure every Ontarian has access to physician care. Carried Should you have any questions or concerns, please do not hesitate to contact me at 613-548-9400, ext. 302 or via email at jamini@frontenaccounty.ca. Yours Truly, Jannette Amini, Dipl.M.M., M.A. CMO Manager of Legislative Services/Clerk Copy: File July 30, 2024 Sent Via Email Hon. Doug Ford (Premier of Ontario) Hon. Sylvia Jones (Ontario Minister of Health) Dr. Kieran Moore (Chief Medical Officer of Health) Rob Flack, MPP (Elgin-Middlesex-London) Steve Pinsonneault, MPP (Lambton-Kent-Middlesex) Association of Municipalities of Ontario (AMO) Ontario Medical Association (OMA) Western Ontario Warden’s Caucus (WOWC) All Ontario Municipalities RE: AMO/OMA Joint Health Resolution Campaign – Physician Shortage Please be advised that at their last regular meeting on Tuesday July 16, 2024, the Council of the Township of Lucan Biddulph passed the following resolution: Resolution No. 2024 - 187 Moved by D. Regan Seconded by J. Hodgins WHEREAS the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and WHEREAS it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and WHEREAS the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; and (Northern Ontario only) WHEREAS Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, and paramedicine. Township of Lucan Biddulph 270 Main Street P.O Box 190, Lucan, Ontario N0M 2J0 Phone (519) 227-4491; Fax (519) 227-4998 WHEREAS the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and WHEREAS per capita health-care spending in Ontario is the lowest of all provinces in Canada, and WHEREAS a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Lucan Biddulph urge the Province of Ontario to recognize the physician shortage in the Township of Lucan Biddulph and Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care. CARRIED Please contact our office should you require any further information on this matter. Sincerely, Tina Merner Deputy Clerk TheCorporationoftheMunicipalityofWawaTuesday,July23,2024REGULARCOUNCILMEETINGRESOLUTIONWHEREASCounciloftheunicipalityofOntarioForestIndustriesAssociationdatedNeededtoSupportOntario’sForestSector;WawareceivecorrespondencefromtheJune19,2024regardingImmediateActionNOWTHEREFOREBEITRESOLVEDTHATtheCounciloftheCorporationoftheMunicipalityofWawadoesherebyreceiveandsupportthecorrespondencedatedJune19,2024fromtheOntarioForestIndustriesAssociationandurgestheOntariogovernmentsupportallmeasurestargetingtheimmediatechallengestheOntarioForestsectorfaces.$OW!flOct:RECORDEDVOTE‘CARRIEDMAYORANDCOUNCILYESNODDEFEATEDMitchHatfieldETABLEDCathyCannonRECORDEDVOTE(SEERIGHT)MelaniePilonLIPECUNIARYINTERESTDECLAREDJimHoffmannElWITHDRAWNJosephOpatoDisclosureofPecuniaryInterestandthegeneralnaturethereof.LIDisclosedthepecuniaryinterestandgeneralnamethereofandabstainedfromthediscussion,voteandinfluence.Clerk:____________________________________riifk!CLERK-MAURYO’NEILLk2PJResolution#RC24168MeetingOrder:11Movedby:Secondedby:2CThisdocumentisavailableinalternateformats. OFIA Ontario Forest Industries Association 8 King Street East, Suite 1704, Toronto, Ontario Tel: 416-368-6188 www.ofia.com June 19, 2024 The Hon. Graydon Smith Minister of Natural Resources Whitney Block 99 Wellesley Street West Toronto, Ontario M7A 1W3 The Hon. Nolan Quinn Associate Minister of Forestry Whitney Block 99 Wellesley Street West Toronto, Ontario M7A 1W3 Submitted via email. Re: Immediate Action Needed To Support Ontario’s Forest Sector Minister Graydon Smith and Associate Minister Nolan Quinn, Congratulations on your recent appointments within Premier Doug Ford’s Cabinet. The Ontario Forest Industries Association (OFIA) looks forward to our productive and continued work together. Over the last six months, three of Ontario's six pulp and paper mills have permanently closed or idled. Adding to the issue was the closure of a critical softwood pulp market in Quebec. As you know, these facilities served as important consumers of solid-wood byproducts from Ontario sawmills. The OFIA appreciates the many opportunities we have had to speak with you and senior leadership within Ontario’s Ministry of Natural Resources (MNR) and Premier’s Office. This includes in-person meetings with members of OFIA’s Board Executive Committee on January 19th, March 19th, and May 28th, 2024. During these meetings, the OFIA presented short and long- term actions Ontario could take to address the regional chip and pulpwood market crisis endorsed by the OFIA membership (incl.). The industry eagerly anticipates government action on this matter, as operating conditions for many have continued to worsen over the past six months. Combined with weak markets for some finished products, many companies struggle to continue their operations. We are now facing an unprecedented challenge in the sector, which could have negative and long-lasting implications for northern and rural communities across Ontario. Without immediate action in response to OFIA recommendations and, critically, the vetting of potential solutions through the industry to ensure programs truly meet the sector’s needs, we fear Ontario could face further curtailments, job losses, and lost economic opportunity. The OFIA is ready to work with the Ontario government to set the forest products sector on a long-term and stable path towards economic development and prosperity. This includes our vision of a Forest Energy Directive to develop bioheat, district heating, liquid fuels, renewable gases, biocarbon, and electricity generation projects, supporting Ontario’s massive forecasted growth in non-emitting energy demands. We urge you and your colleagues to continue supporting all measures targeting the immediate challenges the Ontario forest sector faces and look forward to future discussions with you. Sincerely, Ian Dunn, R.P.F. President & CEO Ontario Forest Industries Association Cell: 647-297-3827 Incl. March 19th, 2024 Slide Deck – Summary of Input from the Membership – OFIA Meeting with the Hon. Graydon Smith May 28th, 2024 Slide Deck – Ontario Forest Energy Directive CC The Hon. Caroline Mulroney, President of the Treasury Board The Hon. Peter Bethlenfalvy, Minister of Finance The Hon. Vic Fedeli, Minister of Economic Development, Job Creation and Trade The Hon. Greg Rickford, Minister of Northern Development and Indigenous Affairs The Hon. George Pirie, Minister of Mines The Hon. Steven Lecce, Minister of Energy and Electrification The Hon. Sam Oosterhoff, Associate Minister of Energy Intensive Industries The Hon. Todd Smith, Minister of Education The Hon. Paul Calandra, Minister of Municipal Affairs and Housing MPP John Yakabuski, Parliamentary Assistant to the Minister of Energy MPP Kevin Holland, Parliamentary Assistant to the Minister of Mines Deputy Minister Drew Vanderduim, Ministry of Natural Resources OFIA Membership Office of the Executive Director 1525 Cornwall Road Oakville ON L6J 0B2 dan.cozzi@municipalengineers.on,ca July 22, 2024 Municipal Public Works/Engineering Department Head Dear Sir/Madam: Subject: Ontario Provincial Standards ______________________________________________________________________ The Municipal Engineers Association (MEA) is a non-profit association representing the interests of over 1,225 professional engineers employed by over 100 Ontario municipalities. We also have members from provincial agencies, conservation authorities consulting engineers who are designated as the engineer-of-record for smaller Ontario municipalities. MEA was established 61 years ago. Through our member volunteers, MEA provides expertise in various areas of municipal engineering to assist Ontario municipalities. One significant area of expertise is our efforts in maintaining Ontario Provincial Standards (OPS). MEA, together with MTO, are the co-proponents of OPS – with MEA taking a lead role in the municipal version of these standards (OPS- MUNI). Many municipalities in Ontario already have adopted OPS for their infrastructure projects – but not all. The OPS-MUNI provides over 870 standard specifications and 730 standard drawings, providing free, universally accessible engineering standards/specifications for various municipal projects, including roads, sewers, watermains, traffic safety, structures, and environmental initiatives. The MEA supports this system with 10 active committees composed of experienced municipal engineering professionals who regularly review and update the OPS to ensure it remains current and effective. These committees are committed to the following specific areas: Standards Management Drainage Electrical Environmental General Conditions Grading Pavement Structures Traffic Safey Watermains If your municipality has not yet adopted OPS, we would like to highlight various reasons why you should consider doing so: Office of the Executive Director 1525 Cornwall Road Oakville ON L6J 0B2 dan.cozzi@municipalengineers.on,ca 1. Providing consistent/harmonized standards/specifications would assist in reducing design costs, promote efficiencies for the construction industry resulting in better construction pricing when contractors bid on projects. 2. Maximizing asset life cycle through the use of “tried and true” standards developed over many years by experienced professional engineers. 3. Reducing staff time spent on developing “custom” local standards (let OPS do the work for you). 4. Minimizing municipal risk exposure by using universally accepted standards. 5. Creating better opportunities for knowledge sharing across different jurisdictions, especially where municipalities share “boundary” roads (in some cases, as many at 4 municipal jurisdictions could provide differing standards for the same road). MEA provides training opportunities so your staff can understand and become proficient in the use of OPS. You can learn more about training opportunities on the MEA website at: https://municipalengineers.on.ca/events/opstraining.html . You can access the OPS website via the following link: https://www.library.mto.gov.on.ca/SydneyPLUS/TechPubs/Portal/tp/opsViews.aspx If you have any questions regarding OPS, please contact the MEA’s Technical Services Coordinator, Rishabh Sharma, at rsharma@municipalengineers.on.ca . Sincerely, D.M. (Dan) Cozzi, P. Eng. Executive Director Municipal Engineers Association cc OPS Advisory Board. July 10, 2024 Subject: Proposal Regarding Developing a commercial-scale framework for geologic carbon storage Hello, The Ministry of Natural Resources is seeking feedback on the development of a legislative and regulatory framework for commercial-scale geologic carbon storage. The current posting is available at https://ero.ontario.ca/notice/019-8767. It provides an overview of how various components of the framework could function and has a series of questions at the end seeking feedback on how Ontario could regulate the activity. This proposal follows four previous engagement opportunities related to the framework development in January 2022, November 2022, April 2023 and September 2023. A roadmap towards regulating geologic carbon storage was released in November 2022 and can be found at https://www.ontario.ca/page/geologic-carbon-storage. Although Ontario’s framework would apply provincially, to help provide for the responsible development of commercial-scale projects, the framework could initially focus on enabling commercial-scale projects within saline aquifers and depleted oil and gas reservoirs in southwestern Ontario at depths of 800 metres or more. These are expected to be the most viable opportunities for geologic carbon storage in Ontario given the current state of carbon storage technologies. To continue to advance the development of new technologies, projects that do not meet the above criteria could be permitted under a testing and demonstration permit. For more information on what geologic carbon storage is, and where it could occur, Ontario has included a background information document at the end of this letter. If you would like more information or have any questions, please contact Andrew Ogilvie, Manager of Resources Development Section, through email: Resources.Development@ontario.ca. Sincerely, Jennifer Keyes Director, Development and Hazard Policy Branch Attachment: Geologic Carbon Storage background document Ministry of Natural Resources Development and Hazard Policy Branch Policy Division 300 Water Street Peterborough, ON K9J 3C7 Ministère des Richesses naturelles Direction de l'élaboration et des politiques relatives aux dangers Division de l’élaboration des politiques 300, rue Water Peterborough (Ontario) K9J 3C7 Geologic Carbon Storage ©King’s Printer for Ontario, 2024 1 Introduction Large quantities of carbon dioxide (CO2) are generated through industrial processes such as the production of cement, steel and fertiliser, from power generation, during oil and gas refining, and as a by-product of creating hydrogen from methane. One way of reducing the impact of CO2 emissions from these large emission sources is to take captured CO2 that would have otherwise been emitted into the atmosphere and to permanently store (sequester) it in deep underground rock formations (storage formations). This process is termed ‘geologic carbon storage,’ and is one tool being considered to manage Ontario’s emissions. Geologic carbon storage is necessary for economically achieving emissions targets and net-zero emissions, especially for carbon- intensive industries. According to the Global CCS Institute, “the injection and storage of CO2 is the final stage in the carbon capture and storage process and has been working safely and effectively for over 50 years” and “close to 300 million tonnes of CO2 has been injected into storage formations underground.”1 How is CO2 stored? Captured carbon dioxide emissions from industrial processes are transported and 1 Global Carbon Capture and Storage Institute Ltd. https://www.globalccsinstitute.com/ccs-101- storage/. Used under Creative Commons Attribution-Noncommercial-NoDerivatives 4.0 International Licence. © 2024 Global Carbon Capture and Storage Institute Ltd. 2 Carter, T., Gunter, W., Lazorek, M., Craig, R. (2007). Geological Sequestration of Carbon Dioxide: A Technology Review and Analysis of Opportunities in Ontario. Climate Change Research Report CCRR-07. Ontario Ministry of Natural Resources. ISBN 978-1-4249-4557-3 injected into a storage well that injects the CO2 into deep geologic formations. Depth is an important factor in geologic carbon storage. As depth increases below the surface, temperature and pressure increase. At depths greater than 800 metres (about 1.5 times the height of the CN Tower) temperature and pressure are high enough that CO2 reaches a ‘supercritical’ state – it has the density of a liquid but flows like a gas – which allows the CO2 to be stored efficiently.2 Underground storage formation characteristics are also important. The following technical requirements are considered when determining if a formation is a good fit for geologic carbon storage:2 •Porosity: the pore space in which the CO2 can be stored. •Permeability: the interconnectedness of the pore spaces that enables the injected CO2 to flow throughout the formation. •Cap rock: the presence of an impermeable barrier to flow around the formation to contain the CO2permanently. Detailed, site specific studies need to be conducted to prove site suitability for geologic carbon storage. After injection activities end, wells are plugged, and the site is decommissioned and monitored to mitigate any potential safety risks to the public or the environment. ©King’s Printer for Ontario, 2024 2 What happens to the CO2 after it is injected? Carbon dioxide can be trapped in several ways: •Structural trapping occurs when the rock layers above the storage formation form a cap or seal that prevents the upward movement of CO2. •Solution trapping occurs when the injected CO2 dissolves into saline water that is present in the storage formation. •Residual trapping occurs when CO2 is trapped in pores within the storage formation. •Mineral trapping occurs when the CO2 reacts with the reservoir rocks and fluids to form solid carbonate minerals that permanently trap the CO2. 3 https://www.ontario.ca/page/geologic-carbon-storage Where could CO2 be stored in Ontario? Currently, there are no geologic carbon storage projects in Ontario. Most projects in other jurisdictions have occurred in deep sedimentary rock formations including: •saline aquifers •depleted oil and gas reservoirs Previous desktop research has suggested the most suitable storage formations in Ontario may be found beneath the beds of Lake Huron and Lake Erie and surrounding onshore areas, which also coincide with many of the province’s largest point source emitters of CO2. Ontario is taking a phased approach to create a regulatory framework for geologic carbon storage which will play an important role in supporting industry, encouraging sector innovation, and helping industry manage emissions and meet emissions targets. Our roadmap to regulating geologic carbon storage can be found online at Roadmap towards regulating geologic carbon storage.3 ©King’s Printer for Ontario, 2024 3 Figure 1: Schematic diagram of geologic carbon storage in a depleted oil and gas reservoir and a deep saline aquifer. This diagram is for illustrative purposes only. Objects shown are not drawn to scale. Hello Meagan, At its meeting held on July 23, 2024 Elgin County Council passed the following resolution: "Moved By: Councillor Hentz Seconded By: Councillor Widner "RESOLVED THAT staff be directed to explore the establishment of a No Parking Zone on Fulton Street between Elm Street and Snow Street in Vienna in the Municipality of Bayham, and report back to County Council at a future meeting. Motion Carried." A report will be brought before Council for their consideration at a future meeting and I will keep you posted regarding their decision. Katherine Thompson Manager of Administrative Services/Deputy Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: August 15, 2024 REPORT: CAO-31/24 SUBJECT: SURVEY AND CONSIDERATION OF SURPLUS – ANN STREET LANDS BACKGROUND At its June 6, 2024 meeting, Council received Report CAO-21/24 re Stop-up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna / Buildability – Ann Street Lands. The Report’s intent was two-fold; it provided Council an overview of the process since Q1 2023 to legally obtain title to a pair of abutting lots that had remained in legacy ownership under land titles while outlining public comments received during the required public notice period for a stop-up and close process, and then provided an overview of the potential buildability of the lands associated with Snow Street (Part 2) and lands directly adjacent to the east for the purposes of surplus and sale as residential lots. As outlined in the Report, any net proceeds derived from the sale of these lands could be used in a myriad of ways, including strategic ventures such as extinguishing the balance of the HMCS Ojibwa principal when the term renews in March 2025. Council passed the following motion: Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-21/24 re Stop-up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna / Buildability – Ann Street Lands be received for information; AND THAT a by-law authorizing the Stop-Up and Close of Parts 2 & 3 of Plan 11R-10789, Snow Street road allowance be brought forward for Council’s consideration; AND THAT staff be directed to obtain a survey of the Ann Street Lands for further consideration of buildability with 4 lots fronting onto Ann Street. By-law No. 2024-032 was formally adopted by Council later at the same meeting to stop-up and close Parts 2 and 3, respectively. DISCUSSION In accordance with Council’s direction on the matter, a draft survey has been obtained for the lands in question, and is attached to this Report. The survey has yet to be formally registered. The survey identifies eleven (11) Parts which comprise the former Snow Street road allowance and the lands directly to the east. 11 Parts are required due to the different parcels already established under Vienna Plan 54, which all have different Property Identification Numbers (PINs) under Land Titles. To properly show the Parts, each Part has to be unique to the a) current lot orientation and also b) the proposed lot orientation. For clarity, the survey contemplates four (4) building lots and one parcel comprising the remainder of the lands, which can be used in the future to expand park space, if desirable. The four lots are comprised on the survey as follows: Proposed Building Lot (west to east) Part(s) on Survey 1 Part 1 2 Parts 2, 3, and 6 3 Parts 4 and 7 4 Parts 5 and 8 Remainder Parts 9, 10, and 11 For ease of delineation, staff have overlayed the lot boundaries for the four proposed building lots on the survey. This is visualized below: Planning The four (4) building lots front onto Ann Street, adjacent to the Vienna Community Park, in Vienna. The orientation and location of the lots are consistent with the requirements of Bayham’s Official Plan and Zoning By-law, respectively. Bayham’s Official Plan states: “4.2.1.2 The Municipality will place the highest priority on the location of new urban development in areas of the Municipality where full municipal services are readily available. (…) 4.2.2.1 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”1 In respect of site-specific planning information, the lands are currently designated Residential in the Municipality’s Official Plan, and zoned R1 “Village Residential” in the Municipality’s Zoning By-law No. Z456-2003 (graphical excerpts are attached to this Report). The road allowance, being what it is, does not have a formal designation or zoning. However, Section 3.8e) of the Zoning By-law provides the following: “In the event a road, street, lane or railway right-of-way shown on the zoning maps is closed, the land formerly in said road or right-of-way shall be included within the zone of the adjoining land on either side of the said closed road or right-of-way, and the zone boundary shall be the former centre line of the said closed road or right-of-way” The eastern half of a closed Snow Street road allowance automatically assumes a residential zone (R1). The western half would have to be made residential as its abutting lands are institutional. This can be done via housekeeping amendments. For zoning parameters, the two parameters of interest for this Report are Sections 10.3 and 10.4, which deal with Minimum Lot Area and Minimum Lot Frontage, respectively. In Vienna on full services, an R1-zoned property shall have a minimum frontage of 15.0 metres, and a minimum lot area of 800 m2. The attached survey satisfies both of these parameters as follows: Frontage: 15.183 metres (minimum 15 metres) Lot Area: ~804.7 m2 (minimum 800 m2) Should Council wish to proceed with a surplus of these lands, staff will commence the necessary housekeeping amendments for same to ensure proper designations and zoning are in place prior to finalizing sale. 1 Section 4.1 of the Official Plan specifically references Vienna. Servicing Should Council wish to proceed with a surplus and sale of any combination of the four lots identified on the attached survey, Council should provide direction regarding whether the lots are to be serviced or unserviced. In discussion with the Manager of Capital Projects, it was expected that servicing could be provided to any lot proposed in this area for approximately $20,000-25,000. However, after discussions with various contractors, two quotes were provided on the potential works. Company Quote Greenline Earthworks $14,120 + HST PBR Excavating $13,995 + HST The lowest quoted value of the work is from PBR Excavating at $13,995 + HST per lot. Additionally, one of the four lots would already have servicing stubbed to the property line as these lands have historically been residential. The Municipality could choose to incur costs up- front to service the remaining three lots at a cost lower than anticipated. It is expected that servicing improvements would be capitalized into the value of the lands. Staff recommend servicing the lots should Council wish to surplus same. Net Proceeds As noted in various previous Reports, there is the possibility that net proceeds from any sale of these lands could be used to pay down/off the remaining principal associated with the HMCS Ojibwa. The debt renewal is March 2025 and Council has identified that a primary priority is to extinguish this debt and free up debt capacity for upcoming core capital works identified in the 10-Year Capital Budget, including significant expenditures expected as associated with the Port Burwell Area Secondary System transmission main along Nova Scotia Line. Any net proceeds received over and above what is needed for the Ojibwa could then be allocated as Council deems appropriate, including allocations to the following Reserves either for ongoing projects or future need, such as tax rate stabilization: • Lighthouse Reserve – allocation to fund pre-design/design/engineering, etc. • Facilities Reserve – top up for the Straffordville Community Centre expansion, if needed • Parks and Playground Reserve – fund any non-core park upgrades • Contingency Reserve – rate stabilization in 2025 or future years, if needed Potential cumulative net proceeds of sale for all four lots range between $650,000 and $900,000 at this time. This range would have to be formalized via an appraisal and formal discussions with the Municipal realtor should surplus be directed. At this time, staff seek direction from Council regarding the Ann Street Lands. If Council wishes to proceed with surplus of any numbers of the lots shown on the attached survey, staff will continue in accordance with the Municipality’s Sale of Surplus Municipal Lands Policy, including obtaining an appraisal for the lands and registering the survey. Staff will also commence planning processes to properly zone and designate the western half of the Snow Street road allowance. Staff also seek direction on whether to proceed with serviced or unserviced lots. Finally, a public comment period for the sale of the lands will be commenced after such time as the survey is registered and a proper R-plan number assigned for purposes of notice. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Pay off the remaining debt related to the HMCS Ojibwa ATTACHMENTS 1. Survey yet-to-be-registered – Ann Street Lands (4 lots) plus remainder – 11 Parts RECOMMENDATION 1. THAT Report CAO-31/24 re Survey and Consideration of Surplus – Ann Street Lands be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham deems Parts 1 through 8 on survey yet-to-be-registered surplus to the needs of the Municipality for purposes of sale; 3. AND THAT the Council of The Corporation of the Municipality of Bayham accepts the quote provided by PBR Excavating in the amount of $13,995 + HST to install servicing to Parts 1 through 8 on survey yet-to-be-registered; 4. AND THAT the costs associated with ensuring proper water and wastewater servicing to the aforementioned Parts 1 through 8 be funded from the Wastewater Reserve Fund; 5. AND THAT a public comment period of no fewer than twenty-one (21) days be commenced at the appropriate time as determined by staff and after such time as the survey is registered. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer AMENDMENT NO. 37 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: 1830567 Ontario Inc. 55942 Maple Grove Line The following text constitutes Amendment No. 37 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. 2024-048, in accordance with Section 17 of the PLANNING ACT, on the 15th day of August 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-048 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. 37 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. 37 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 15th day of August 2024. MAYOR CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 37 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 single-detached dwelling constructed in 2021 on the subject lands made surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official Plan. Currently, Section 2.1.7.1 requires that consents to sever and convey existing farm dwellings are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. The existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair. This Official Plan Amendment 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 19, Concession 8 and known municipally as 55942 Maple Grove Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as a farmed parcel with a single-detached dwelling and greenhouse to the east of the residential dwelling. 55942 Maple Grove Line, north side, and west of Plank Road. The subject lands can be described as an irregular shaped lot with an approximate lot area of 10.08 hectares (24.9 acres), an estimated lot frontage of 292.5 metres (959.6 feet) along Maple Grove Line, and an estimated lot depth of 243.0 metres (797.2 feet). The existing gravel driveway with access to Maple Grove Line currently serves the existing residential dwelling to be severed. The retained agricultural lands have sufficient frontage along Vienna Line. The surrounding lands are agricultural in all directions, with several rural and estate residential lots to the east along Maple Grove Line, as well as small-scale commercial uses along Plank Road. 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 consisting of an existing residential dwelling is being consolidated into a farm operation, the Bayham Official Plan only permits that consents to sever and convey an existing farm dwelling are to have been built and occupied a minimum of ten (10) years prior to the date of consent application. It is understood that the existing single-detached dwelling, to be severed as a surplus farm dwelling, was constructed recently in 2021 to replace the previous and now demolished single-detached dwelling built in 1900 that was uninhabitable and in a state of disrepair. Given the recently constructed single-detached dwelling was a replacement of an existing (now demolished) dwelling built in 1900, the use had already existing for 100+ years and a new dwelling was simply constructed to replace the old dwelling due to safety concerns. 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: 2.1.7.10 Notwithstanding Section 2.1.7.1, the dwelling located in Part Lot 19, Concession 8 and known municipally as 55942 Maple Grove Line, and existing as of August 2024, may be severed as a surplus farm dwelling, where the existing single-detached dwelling has been built and occupied for less than a minimum of ten (10) years prior to the date of a consent application. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-049 A BY-LAW TO AMEND BY-LAW NO. 2014-090, BEING A BY-LAW TO ADOPT A POLICY WITH RESPECT TO THE DELEGATION OF POWERS AND DUTIES OF COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, 2001, as amended, requires that all municipalities adopt and maintain a policy with respect to the delegation of Council's legislative and administrative authority; AND WHEREAS By-law No. 2014-090 being a by-law to adopt a policy with respect to the delegation of powers and duties was passed by Council on August 21, 2014; AND WHEREAS Council is desirous to amend By-law No. 2014-090; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Appendix “A” of the Delegation of Powers and Duties Policy be amended by replacing “Administrator” with “Chief Administrative Officer”; 2. AND THAT the following delegations be included: Delegated Authority Delegation Execute Development Agreements Chief Administrative Officer Execute Temporary Use and Removal/Demolition Agreements Chief Administrative Officer 3. AND THAT this by-law shall come into force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST, 2024. ____________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-050 BEING A BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Section 229 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a municipality may appoint a Chief Administrative Officer; AND WHEREAS Section 228 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a municipality shall appoint a Clerk and Section 228(2) provides that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; AND WHEREAS Subsection 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, C. 4 provides that if a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department; AND WHEREAS Ontario Regulation 380/04, a Regulation passed under authority of the Emergency Management Act, R.S.O. 1999, C. E.9, provides in part that every Municipality shall designate an employee of the municipality or a member of the council as its emergency management program co-ordinator; AND WHEREAS pursuant to the Building Code Act, S.O. 1992, c. 23, as amended, defines "officer" as a property standards officer who has been assigned the responsibility of administering and enforcing by-laws passed under Section 15. Of the Act; AND WHEREAS Section 55 of the Community Safety and Policing Act, S.O. 2019, c 1, Sch 1, as amended, municipalities may appoint persons to enforce the by-laws of the municipality, and municipal by-law enforcement officer appointed under this section are peace officers for the purpose of enforcing municipal by-laws; AND WHEREAS pursuant to the Fire Protection and Prevention Act, 1997, c. 4, as amended, provides that a municipality may appoint officers to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with the Act are being complied with; AND WHEREAS Subsection 3 (2) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality shall appoint a chief building official and such By-law No. 2024-050 -2- inspectors as are necessary for the enforcement of the Act, in the areas in which the municipality has jurisdiction; AND WHEREAS the Council of the Municipality of Bayham has entered into a shared services memorandum of understanding with the Township of Malahide for the provision of building services to be provided by Malahide and requiring the appointment of certain building officials to ensure adequate service delivery; AND WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to provide a new by-law to appoint municipal officers and employees for the purposes of the Municipality to reflect various staff changes made; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the following officers and/or employees be and they are hereby appointed to act in the capacity provided in the Municipality of Bayham for the purpose of administering and where applicable enforcing municipal by-laws and Provincial Statutes and Regulations associated with each position and the approved job descriptions are to be fulfilled: Office/Position Name 1. Chief Administrative Officer/Deputy Clerk Thomas Thayer 2. Treasurer Lorne James 3. Tax Collector Lorne James 4. Clerk Meagan Elliott 5. Planning Coordinator/Deputy Clerk Margaret Underhill 6. Lottery Licencing Officer Meagan Elliott & Margaret Underhill 7. Finance Clerk Donna Wiebe 8. Finance Clerk Sandra Maertens 9. Administrative Assistant Leann Walsh 10. Manager of Public Works/Drainage Superintendent Steve Adams 11. Roads Operations Supervisor Jamie Pilkey 12. Manager of Capital Projects/Water & Wastewater Ed Roloson 13. Water/Wastewater Operations Supervisor Adam Swance 14. Chief Building Official Scott Sutherland By-law No. 2024-050 -3- 15. Deputy Chief Building Official/Building Inspector Jonathan Weir 16. Building Official Gerald Moore, Devon Staley, Eugenio Dimeo, Barbara Mocny, Megan Opersko, Margaret Lawson, Laura Elliott, Gage Sachs, Michael McKean, Grant Schwartzentruber, John Drahorat, Donald Johnson, John “Kip” Rennick, Andy Lamers & Richard Ryan 17. Fire Chief Harry Baranik 18. Community Emergency Management Co-ordinator Harry Baranik & Thomas Thayer (alt) 19. District Chief – Station #1 – Port Burwell Kevin Baker 20. District Chief – Station #2 – Straffordville Kevin Kitching 21. Advisory Chief Perry Grant 22. By-law Enforcement Officer Mark Russell, Stephen Miller & Harry Baranik 23. Property Standards Officer Mark Russell, Stephen Miller & Harry Baranik 24. Provincial Offences Officer Mark Russell, Stephen Miller & Harry Baranik 25. Livestock Valuer Mark Russell, Stephen Miller & Harry Baranik 2. THAT By-law No. 2023-053 and all amendments thereto are hereby repealed; 3. AND THAT this by-law comes into force and effect the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST, 2024. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z786-2024 WIEBE 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 “C” (North Hall) by changing the zoning symbol on the lands from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-16)’ Zone, which lands are outlined in heavy solid lines and marked “HR-16” on Schedule “C” (North Hall) 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: 9.12.16.1 Defined Area HR-16 as shown on Schedule “C” (North Hall) to this By-law. 9.12.16.2 Regulations for Accessory Buildings Notwithstanding the provisions of Section 9.5.1 and Section 9.7 of this By-law, the following shall apply: a) Maximum Height: 6.1 metres c) Maximum Floor Area: 372.0 m2 for any new buildings/structures erected after the date of passing of this By-law. 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 15TH DAY OF AUGUST 2024. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z787-2024 BERGEN 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 “C” (North Hall) changing the zoning symbol on a portion of the lands from ‘Holding Hamlet Residential (HR(h1))’ Zone to ‘Hamlet Residential (HR)’ Zone, which lands are outlined in heavy solid lines and marked “HR” on Schedule “C” (North Hall) 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 Schedule “A” Map No. 1 by changing the zoning symbol on a portion of the lands from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-47)’ Zone, which lands are outlined in heavy solid lines and marked “A1-47” on Schedule “A” Map No. 1 to this By- law, which schedule is attached to and forms part of this By-law. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses: 5.12.47.1 Defined Area A1-47 as shown on Schedule “A”, Map No. 1 to this By-law. 5.12.47.2 Minimum Lot Area Notwithstanding Section 5.3 of this By-law, the Minimum Lot Area shall be 7.9 hectares. 5.12.47.3 Minimum Lot Frontage Notwithstanding Section 5.4 of this By-law, the Minimum Lot Frontage shall be 22.0 metres. 5.12.47.4 Minimum Side Yard Depth Notwithstanding Section 5.9 of this By-law, the Minimum Side Yard Depth for the existing accessory building/structure erected prior to the date of the passing of this By- law shall be 2.8 metres. 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 15TH DAY OF AUGUST 2024. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z788-2024 GIESBRECHT 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 a portion of the lands from ‘Agricultural (A1-A)’ Zone to ‘Rural Residential (RR)’ Zone, which lands are outlined in heavy solid lines and marked “RR” 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 Schedule “A” Map No. 6 by changing the zoning symbol on a portion of the lands from ‘Agricultural (A1-A)’ and ‘Agricultural (A1) Zone to the ‘Special Agricultural (A2)’ Zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 6 to this By-law, which schedule is attached to and forms part of this By-law. 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 15TH DAY OF AUGUST 2024. READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WATERFRONT ADVISORY COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Monday, July 15, 2024 5:00 p.m. PRESENT: CHAIR RAINEY WEISLER COMMITTEE MEMBERS SERGE PIETERS MARNI WOLFE ASHLEY CARDINAL VAL DONNELL ED KETCHABAW *Ex-Officio STAFF ATTENDANCE: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS **Due to the threat of inclement weather, the meeting did not commence at the Port Burwell East Beach, 1 Robinson Street, Port Burwell** 1. CALL TO ORDER Committee Chair Weisler called the meeting to order at 5:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Minutes of the Waterfront Advisory Committee Meeting held April 15, 2024 Moved by: Committee Member Pieters Seconded by: Committee Member Cardinal THAT the minutes of the Waterfront Advisory Committee Meeting held April 15, 2024 be approved as presented. CARRIED 2 5. MATTERS OF BUSINESS A. Memo WAC-08/24 re 2024 Beach Tour Moved by: Committee Member Donnell Seconded by: Committee Member Pieters THAT Memo WAC-08/24 re 2024 Beach Tour be received for information. CARRIED B. Memo WAC-09/24 re Council Decisions – WAC Recommendations to Council Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal THAT Memo WAC-09/24 re Outcomes of Recommendations to Council be received for information. CARRIED C. Memo WAC-10/24 re 2025-2034 Port Burwell East Beach / Pier Capital Items Moved by: Committee Member Donnell Seconded by: Committee Member Wolfe THAT Memo WAC-10/24 re 2025-2034 Port Burwell East Beach / Pier Capital Items be received for information; AND THAT the Waterfront Advisory Committee recommends to Council that Capital item PR-02 be amended to remove the beach playground equipment from the 2025-2034 Capital Budget; AND THAT the Waterfront Advisory Committee recommends to Council that Capital item PR-13 be moved to 2025. CARRIED Moved by: Committee Member Wolfe Seconded by: Committee Member Donnell THAT the Waterfront Advisory Committee recommends to Council to review the Waterfront Advisory Committee terms of reference to amend the scope to be in line with what area is included in the Waterfront Master Plan. CARRIED 6. ADJOURNMENT Moved by: Committee Member Wolfe Seconded by: Committee Member Cardinal 3 THAT the Waterfront Advisory Committee Meeting be adjourned at 6:01 p.m. CARRIED CHAIR CLERK ADVISORY BOARD & COMMITTEE RESOLUTION Date: August 15, 2024 To: Mayor & Members of Council From: Waterfront Advisory Committee Subject: Recommendations from July 15, 2024 WAC Meeting The Waterfront Advisory Committee respectfully requests the following motions to be considered by the Council of the Municipality of Bayham at the Regular Meeting of Council of August 15, 2024: Moved by: Committee Member Donnell Seconded by: Committee Member Wolfe THAT Memo WAC-10/24 re 2025-2034 Port Burwell East Beach / Pier Capital Items be received for information; AND THAT the Waterfront Advisory Committee recommends to Council that Capital item PR-02 be amended to remove the beach playground equipment from the 2025-2034 Capital Budget; AND THAT the Waterfront Advisory Committee recommends to Council that Capital item PR-13 be moved to 2025. CARRIED Moved by: Committee Member Wolfe Seconded by: Committee Member Donnell THAT the Waterfront Advisory Committee recommends to Council to review the Waterfront Advisory Committee terms of reference to amend the scope to be in line with what area is included in the Waterfront Master Plan. CARRIED THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-051 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD AUGUST 15, 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 August 15, 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 15th DAY OF AUGUST, 2024. ____________________________ _____________________________ MAYOR CLERK