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HomeMy WebLinkAboutBy-law No. 2004-109 AMENDMENT NUMBER 3 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Haayema(RURAL-RECREATIONAL) Proposed Nine Hole Family Golf Course Part Lot 6,Concession North Gore, SIE Corner of Culloden Road/Ottergate Line Municipality of Bayham The following text and map schedule constitute Amendment Number 3 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No.3 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2004-109, in accordance with Section 17 of the PLANNING ACT,on the 16`"day of December 2004. AY CLERK BY-LAW NO.2004-109 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. 3 to the Official Plan of the Municipality of Bayham consisting of the attached text and imp schedule is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the aforementioned Amendment No.3 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 the Minister of Municipal Affairs and Haising. ENACTED AND PASSED this 16th day of December 2004. MAY R CLERK CER'TIF'IED that the above is a true copy of By-law No.2004-109 as enacted and passed by the Council of the Corporation of the Municipalityof Bayham CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO.3 1. PURPOSE The purpose of this amendment is to change the land use designation on lands in the Municipality of Bayham from"Agriculture' to "Rural - Recreational" in the Official Plan of the Municipality of Bayham for the establishment of a golf course. 2. LOCATION The area affected by this amendment comprises approximately 23.74 hectares(58.66 acres). The subject lands are located in Part Lot 6,Concession North Gore,on the southeast corner of Culloden Road and Ottergate Line, in the Municipality of Bayham. 3. BASIS OF THE AMENDMENT As per Section 4.2.1.3 of the Official Plan, proposals for new land uses within the"Agriculture" designation must be justified by one of three bases. The proposed golf course is being proposed on the basis of a population growth related demand for the use, and to a lesser extent, there being no appreciable loss of agricultural land as a result of the change in land use. Land use changes based on growth-related demand must also provide assessments of reasonable alternative sites and demonstrate compliance with applicable Mininixm Distance Separation(MDS) setbacks. The proponents undertook an assessment of ten(10) different locations of varying sizes throughout central and eastern Elgin County, as well as Norfolk Township to the east. Cost, size,and natural characteristicswere major factors in considering these different parcels. The applicant's undertook a needs study and concluded there is a need for golf course in this location based on participation rates and style of course. Due to the large wooded and hazardous area of the subject lands, a viable agricultural operation based solely on these lands, is not possible. The subject lands must also comply with the relevant MDS setbacks. The golf course would comply with the setback from an unused livestock building located in Part Lot 5,North Gore,to the west of the subject lands,but would be located 49 metres(160') closer than required to a vacant livestock building to the northeast of the subject lands in Part Lot 7, Concession 8. However,there are no active recreational uses slated for the corner of the golf course and site-specific zoning regulations will restrict this caner from active uses. The proposal complies with the criteria for a golf course development in the following manner: a) Access is provided from Culloden Road, a County Road suitable for traffic volumes associated with a golf course operation; b) There are no land uses in the general vicinity of the subject lands with a high nuisance value or are easily capable of promoting land use conflicts; c) None of the existing or proposed buildings or structures are located within the Hazard Lands designation located on-site; d) The applicant's have undertaken studies to ensure the soil and ground water conditions are suitable for the operation of a private potable water and private sanitary sewage treatment and disposal system, and are doing so in accordance with the guidelines of the Ministry of the Environment and Elgin-St. Thomas Health Unit; e) The subject lands are of a size and shape that will comply with the regulations of the Open Space(OS)Zone in the Zoning By-law; f) It is considered unlikely that the development would create any traffic hazards since there are no hazardous grades or curves along either Culloden Road or Ottergate Line; g) There are no mineral resource lands located on the subject lands that would be affected by the golf course development; h) The proposed development will contribute to the natural environment of the Municipalityby increasing the tree coverage on-site and will be buffered from surrounding agricultural lands by landscaped berms. In addition, the topography lends itself to the proposed use and was chosen by the applicant for its variation, which is suitable for the style of golf course being proposed. Environmentally sensitive areas are being protected as the applicant has proposed minimal encroachment into the wooded areas of the subject lands. And fmally,a golf course would not generate large volumes of solid waste that could not be adequately disposed. 4. DETAILS OF TFIE AMENDMENT i) The Official Plan of the Municipality of Bayham,Schedule"A"—Future Land Use is hereby amended by changing from "Agriculture" to "Rural - Recreational" those lands marked "Rural-Recreational" on the attached Schedule "A", which shall constitute part of this amendment. ii) The lands subject to this Amendment and designated "Rural-Recreational" may be used, developed and zoned in accordance with the"Rural"designation policies of Section 4.2.2.1.4 and 4.2.2.5 of the Official Plan, as amended. I SCHEDULE A FUTURE LAND USE ,,, 4. -°°�.i 'I OFFICIAL PLAN OF THE 1 I _ 0 ° -_c,- I " MUNICIPALITY OF BAYHAM SUBJECT LANDS CHANGED I. �Al ' (...II �i � FROM "AGRICULTURE" TO �! M _4 "RURAL RECREATIONAL" , , , r„ I FUTURE LAND USE 1 l''T �!JLqIJ1NiI*t cp ry; HAMLETS 1.11 mum !' ' 1i 1 _© ., �,INg18,AIM. R O RURAL I : 4-4 --'' ilif - ' j 1 K i 2 O KA,!NAOF.NML 1 1 044k. .�, I" , N 1pi.wio $ ® Pam""61 "M .4004_ '' lc 0 imam.Men WEBS wan ilr • if! till•- 1,_ 0 comps& $ i- i ill NmerrvNrro°ewnaOOHED=loanlrlea o 9i lOCOAON Or A RURAL LLliuClFlG7ON OO e 1I 01M MIDRK MRMIMl7®lO Ma7®MIIED 6 /DM NOeI1 LEDA=ICE 10 a ZONES omns tchaltIAW un -J�� � BE VIDE 1a1 QciR>m MA OBMfGION IP 4 _ 1jpi 0 1 ail (SPECIAL POLICY AREAS __Illau.• ' 7 n 0•, 1- AN91y E1i! .. �-t P -_ RS1 '7"44111111111110 _ �� ITE-- NATURAL 6A8 f` R �' i, F �' IIII , 7-7,1 RESERV01 ' ,o I SPECIAL POUCY •`�'a i�i m AREA N6 i-SECTION 44tW i *°®/ a A 1 i ., ,'''.• r0 - -I r ...Ti � BA`E MAP FEATURES -t.,,.. • - ' Nit It _� - PROVINCIAL HIGHWAYS a Ip !r I- - COUNTY ROADS ► • fi ! I 1 a l , -----* RIVERS/STREAMS , „.x 1 , ' a _� — RAILWAYS 1 PORT BURWE L , — I t , I LAKE ERIE i 1r 0 l000, 3000m 4000m I l__ ! Scah 1:70.000 ! I SCHEDULE A FUTURE LAND USE co. .......,,,,0 gi illN OFFICIAL PLAN OF THE 1 , : i lipplil pprAdl ...0.\ MUNICIPALITY OF BAYHAM - SUBJECT RLEACNRDESA nCHANGED FROM AGRICULTURETO iA •- URAL III: Po FUTURE LAND A ND USE „ 1 , 114, ED AGRICULTURE a ; ;tikAPA '...' S r'Z r" '' I oil ihi . ,..,...wiss.6,,, .,„ .,, ,,,,,,po 1 c,,.„., # 1 . HAZARD LANDS '410IP'-.I‘ 1 / ' I 0 [F- 1 MINERAL AGGREGATE RESOURCE AREAS 4 . 1 q .f, ,..,.. ,,, ,,„ peril 01 .e ,., _. . .,,,,, ii gii .,-. , _ .21.,..:_ ,. r : HAMLETS .-—- 1' ' '-,:elgig --1°- , 4 +NI 1A1 IR 'I VILLAGES , ,liptilall .";. ,,, .7 ,,, _ 0 • .11, j NSTR MI INDUSTRIAL ;IN 1 RURAL I / / 1 0 SI&CLKAloViot/ 0 BMW nmarprnaa. I I fit" ' ; i 011011 1 [ 0 11101 i e MOLE HOME PARKS 111 . S C) MOWS.DUNEL.mum PAME 7.„ 4111110 S. : IANO GAIIPOROUNO0 11D . ' "4. 1111111111h — ,. I 0 NODIMATIONAL - 0 rurrmrnotar& 1 PriO Zjiat, 1111111plill iillE if C) common& II 1 . i er NOTE AN V TIMM ON TES NosOLIE EWE= DE LOCATION OF A RURAL MUSLUIAMMATION AVO 1 i alIPIP''---:- 4d111L, 0 I MOLD NOT NE ESEAPPETE0 TO RENEIENT ACTUAL ANNA AMMON TO NEI MEW E.LATI MEMO PE MACE EON DETAIN)MCA INENTEICATION. 1 ' r Poi" : SPECIAL POLICY AREAS 1 1 414141/EPIC7Z-1— . 04 "NJ ANSI'S I 1111---Er ' i . , o---i . 11111110. I ill•WETLANDS ,, , 1 110-46."- . _, ....„ a r L . . im,UCENSED PITS AND QUARRIES . I 1.1 LANDF714,1 SITE 1 SPECIAL POUCY p , AREA No.1-SECTION 4,2X18 i i i 4 ki. ,,,,,, ...... BASE MAP FEATURES 1 1 . 1 . , ----.7 t • ce..1 - . =®— PROVINCIAL HIGHWAYS L---- - 1{,....: • -:.....,.. '- - - " —El— COUNTY ROADS 4 ' RIVERS/STREAMS • .-- 4 Ili I ' RAILWAYS Z. Ill ^',.^"" PORT BURRYALL ethoNly V : ! E $ _tir 1 _n_ .....,„ 7. LAKE ERIE 0 ISOCIn3OOI1 4& iINiol Ical. 1 75.030 1 L__ _.. ... SCHEDULE 'B' MUNICIPALITY OF BAH AP1 Existing Land Use LOT 4 LOT 5 LOT 6 CONCESSION VIII LOT 8 LOT 7 �❑ o• —� • Q p TE LIN o 0 • LOT 7 NORTH GORE LOT 8 LOT 4 o j ' LOT 5 :� • ;. .. / • • F � s;• ...::: . LOT 112 T 113 •` .0.1-113.: :-• CT '15 '••LOT,;196 • CCNCFSSION VII • 1 .'; • N.S.T.R. t , OPA No. 3 E.]° ACCESSORY/FARM BUILDINGS • RESIDENTIAL CDWOODED AREAS DWELLINGS Scale: 1:7,500 0 250m SCCrn i NOTE: This map is for clarification purposes onl . DECISION With respect to Official Plan Amendment No. 3 Subsection 17(34) of the Planning Act I hereby approve as modified, Amendment No. 3 to the Official Plan for the Municipality of Bayham, adopted by By-law No. 2004-109, as follows: 1. Section 4.2.2.5 is modified by adding the following new subsection 4.2.2.5.3: "4.2.2.5.3 The lands designated "Rural — Recreational" "R(R)"located in Part of Lot 6, North Gore, at the southeast corner of the intersection of Culloden Road and Ottergate Line may be developed for a nine hole golf course in accordance with the policies of Sections 4.2.2.1.4 and 4.2.2.5 of the Official Plan, provided that no active recreational uses, buildings, or structures are established within a distance of 70 metres from the northeast corner of the subject property until such time as the livestock barn located in the south half of Lot 7, Concession 7 is removed, or deemed inadequate to house livestock by the Chief Building Official. Dated at London this day of May, 2005. John Maddox ` Director Municipal Services Office - Southwestern Ministry of Municipal Affairs and Housing 9' Ontario Municipal Services Office-Southwestern Bureau des services aux municipalites-region du Sud-Ouest Ontario 659 Exeter Road,2nd Floor 659 Exeter Road,2`etage London ON N6E 1L3 London ON N6E 1L3 Ministry of Ministere des 519/873-4020 (519)873-4020 Municipal Affairs Affaires municipales Fax:519/873-4018 Telecopieur:(519)873-4018 and Housing et du Logement Toll Free:1-800-265-4736 Sans frais:1 800 265-4736 May 9, 2005 APPr;flv; .-. Fier Ms. Margaret Underhill MAY 1 1 2005 Planning Coordinator/DeputyCoordinator/Deputy Clerk Municipality of Bayham L. +;30 P.O. Box 160, 9344 Plank Road LI Mot iwirrtgoaint Straffordville, ON NOJ 1Y0 Dear Ms. Underhill: Re: Approval of Official Plan Amendment No. 3 Municipality of Bayham Official Plan Applicant - Richard and Nell Haayema Legal Description - Part of Lot 6, North Gore Geographic Township of Bayham Dear Ms. Underhill: The above-noted Official Plan Amendment was modified and approved on May 6, 2005. Enclosed please find a copy of the decision, and the Notice of Decision which sets out the appeal period for the decision. Please do not hesitate to contact Erick Boyd, Municipal/Planning Advisor at (519) 873- 4025 if there are any questions or concerns. Yours truly, lEwt_e_ZAt-a- Bruce Curtis, MCIP, RPP Manager, Community Planning and Development Municipal Services Office - Southwestern Copies: William Pol, CCL/IBI Group Bill Dickie, applicant's consultant Dwayne Evans, OMAF - London Fiona Walker, MNR - Aylmer Bob Aggerhoim, MOE - London Neal Ferris, MCUL - London Bill Baskerville, LPRCA File No.: 34-OP-4003-003 Date of Decision: May 6, 2005 Municipality: Municipality of Bayham Date of Notice: May 9, 2005 Subject Lands: Part of Lot 6, North Gore Last Date of Appeal: May 29,2005 Geographic Twp. of Bayham NOTICE OF DECISION With respect to an Official Plan Amendment Subsections 17(35)and 21 of the Planning Act A decision was made on the date noted above to modify and approve Amendment No. 3 to the Official Plan for the Municipality of Bayham as adopted by By-law No. 2004-109. Purpose and Effect of the Official Plan Amendment The purpose of Official Plan Amendment No. 3 is to change the land use designation of the subject lands from "Agricultural"to"Rural- Recreational" in the Municipality of Bayham Official Plan. The effect of the amendment would be to permit the establishment of a 9 hole golf course and accessory structures. The modification was necessary to address the concerns of the Ministry of Agriculture and Food respecting the Province's Minimum Distance Separation Formulae. A copy of the decision is attached. When and How to File An Appeal Any appeal to the Ontario Municipal Board must be filed with the Minister of Municipal Affairs and Housing no later than 20 days from When the Decision is Final the date of this notice as shown above as the The decision of the Minister of Municipal Affairs last date of appeal. and Housing is final if a Notice of Appeal is not received on or before the last date of appeal The appeal should be sent to the attention of noted above. the MunicipaVPlanning Advisor, at the address shown below and it must, Other Related Applications: (1) set out the specific part of the proposed none official plan amendment to which the appeal applies, Getting Additional Information (2) set out the reasons for the request for the Additional information about the application is appeal, and available for public inspection during regular (3) be accompanied by the fee prescribed office hours at the Ministry of Municipal Affairs under the Ontario Municipal Board Act in and Housing office at the address noted below the amount of$125.00 payable by certified or from the Municipality of Bayham Office. cheque to the Minister of Finance, Province of Ontario. Mailing Address for Filing a Notice of Appeal Ministry of Municipal Affairs and Housing Who Can File An Appeal Municipal Services Office- Southwestern Only individuals, corporations or public bodies 659 Exeter Road, 2nd Floor may appeal the decision of the Ministry of London ON N6E 1 L3 Municipal Affairs and Housing to the Ontario Municipal Board. An appeal may not be filed by Submit notice of appeal to the attention of Erick an unincorporated association or group. Boyd, MunicipaVPlanning Advisor. However, an appeal may be filed in the name of an individual who is a member of the Tel: (519) 873-4025 association or group. Fax: (519) 873-4018