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HomeMy WebLinkAboutBy-law No. 2005-062 AMENDMENT NUMBER 8 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYIIAM SUBJECT: ZAWIERUCAA—RESIDENTIAL NOVA SCOTIA LINE/north of CHATHAM STREET VILLAGE OF PORT BURWELL The following text and map schedule constitute Amendment Number 8 to the Official Plan of the Municipality ofBayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No.8 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 Municipalityof Bayham by By-law No. 2005-062,in accordance with Section 17 of the PLANNING ACT,on the 7th day of July 2005. � MA O R CLERK BY-LAW NO. 2005-062 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. 8 to the Official Plan of the Municipality of Bayham consisting of the attached text and map 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. 8 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 Housing. ENACTED AND PASSED this 7th day of July 2005. SIJ AA .1. .,f if . MAYO CLERK CERTIFIED that the above is a true copy of By-law No.2005-062 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 8 1. PURPOSE The purpose of this amendment is to change the land use designation on lands in the Municipality of Bayham from"Commercial"to"Residential'in the Official Plan of the Municipality of Bayham. The amendment is intended to accommodate redline revisions to a draft approved plan of subdivision which will remove three(3)commercial blocks and replace them with thirteen(13)residential ids. 2. LOCATION The area affected by this amendment comprises approximately 1.0 hectare(2.5 acres). The subject lands are located on the east side of Nova Scotia Line,north of Chatham Street,in the Village of Port Burwell, in the Municipalityof Bayham. 3. BASIS OF THE AMENDMENT The original plan of subdivision provided commercial blocks that were intended to serve the traveling public entering and exiting the Village of Port Burwell along County Road No.42. Since this time the Municipality has adopted a new Official Plan which focuses commercial activity within the three designated Villages in the Municipality(Straffordville,Vienna,and Port Burwell). Section 4.4.1.4 of the Official Plan states that in order to maintain and strengthen the commercial designation of the Villages,commercial uses should not be permitted in residential areas,except those which serve local neighbourhood purposes. One of the Municipality's stated goals(Section 3.1.5)is to"stabilize,preserve and improve existing .... Commercial areas in the Municipality". Given the adequate amount of vacant land and/or buildings within the core commercial area of Port Burwell to serve the needs of all of the residents of the Village,the removal of this commercial designation from these lands will serve to direct future commercial activity to the"core"area. The proposed amendment would also allow a reconfiguration of the buildings lots and road network. The southerly public street connection is generally in the same location as the draft approved plan of subdivision and forms a crescent that will connect with Nova Scotia Line at the north end of the property. The re-design of the proposed street layout is more desirable than the original cul-de-sac design, since it provides multiple access points for emergency vehicles,garbage collection,and snow removal. 4. DETAILS OF THE AMENDMENT a) Schedule"D" Port Burwell - Future):and Use of the Official Plan of the Township of Bayham is hereby amended by changing from"Commercial"to"Residential"those lands marked"Residential" on the attached Schedule"A",which shall constitute part of this amendment. b) The lands subject to this Amendment and designated"Residential"may be used,developed and zoned in accordance with the"Residential" designation policies of Section 4.4.1 of the Official Plan, as amended. SCHEDULE 'B' MUNICIPALITY OF BAYHAM (Village of Port Burwell) Existing Land Use q1 •+ • l•.,,DE�ILIALPAItlC 5! 1! }'.ti,.i -. lor ::.'.:;'..::?''..:..1-'IT.. ;:; - .:.y:.v! ',:',* .:�l.�•.- SUBJECT .1 lib lA rf 11 y ,V••f• ,1S BASEBALL s.!� • tA•` �l:s \ 41) • t' i' VACANT s.. .. .i' .1: �o Q,rcsBEx�p L •.:•••: I d ' / r# ' :,..:.;;;.:-: ,;.,..,.;,34: fill — "INF Ea ia . , vi, ;�r�' / i...iiKg Ig © .‘,,..(/, / �d f� illIV RESICFNTuw4101ty +r �Pttl. ° _ ce ! i / ,•).11°`r° ED4- OPA No: 8 pO BUILDINGS C:3 WOODED AREAS Scale: 1:5,000 0 125m 250m limpill NOTE: This ma is for clarification P p purposes only. SUBJECT LANDS TO BE CHANGED OFFICIAL PLAN AMENDMENT N o� 8 FROM'COMMERCIAL'TO 'RESIDENTIAL' OF THE Schedule 'A' MUNICIPALITY OF BAYHAM I I i SCHEDULE 'D' c . ;. . 1 . PORT BURWELL: ` ' '. �� -, 1 )ii FUTURE LAND USE ) r 4 , 6 ...:-.-.,,. ..:, :-.:..,,.... .H„.....,,,,....:::..„.: _y...:. ::,,.:::.:.,.....: :,...:,......,, ...::11.....„1 ...........)1, ,- , - , 41--1 . __ ' i'''':'',:...:,..H:....:: .:•:::.„ ...... .'..: .,. .. :.:'...::':":":•:-:::-., -.:.:1.: ..' ...-_ .,•:-.., •.,i• C . �I�r,!' ,j ,LA fl Iiiii 'v t I I Irr 1 _..+-x..:::::::.:::.::::,::....-:•..:,..,:::'::::... ...:.:;....:•::.,.,:::..:.:.:..,..:.:ii:,. .....'.‘,..:....:: :,...i.,::•.....:::::::::'..,.:„:-..j.:.:::::::....,.:•.-.:::. .,::,::..::::::_:::. -� ': �11141:- 00—if-- . :1-1—i. � ._, _.,_,..c._,L,L___. ,..E.. --1_-_— ,,,.._-_=_=. 7.__IF__-_,,.... , 1. liu . II ' ' Is>.-- !1.-,-:,...._. .. LEGEND _..--_;J I,AK= ERIE � i.. . �' ./. Li RESIDENTIAL J• •• OPEN SPACE /J�. , \ -_- -- __ ,-_ ---.MULTI-UNIT I ,� RESIDENTIAL ,. HAZARD LANDS ... LAKE K E ERI E HARBOUR j CONSERVATION LANDS RESIDENTIAL/COMMERCIAL r.---; INSTITUTIONAL I1' AIS SEWAGE TREATMENT FACILIITiES -i _.._r_____i COMMERCIAL SPECIAL POLICY AREA Na 2 0 250m 500m I IMINDUSTRIAL Scale 1 : 10,000 3t. ci7 Ontario Mumc,pal Services Office-Southwestern Bureau des serr.,.cs aux municipalites-region du Sud-Onset Ontario 659 Exeter Road,2nd Floor 659 Exeter Road,2`dtage London ON N6E 1L3 London ON N6E 1L3 Ministry of Minist8re des 519/873-4020 (519)873-4020 Municipal Affairs Affaires municipales Fax:519/873-4018 Tdldcopieur:(519)873-4018 and Housing et du Logement Toll Free:1-800-265-4736 Sans frais:1 800 265-4736 December 1, 2005 Ms. Margaret Underhill 2005 Planning Coordinator/Deputy Clerk Municipality of Bayham , IC f P.O. Box 160, 9344 Plank Road ,;�I� a' .w �F�'P.Y1.�I�rI Straffordville, ON NOJ 1Y0 " , Dear Ms. Underhill: Re: Approval of Official Plan Amendment No. 8 Municipality of Bayham Official Plan Applicant -Tadeusz Zawierucha Legal Description - Part of Lot 11, Concession 1 Geographic Township of Bayham Our file No: 34-OP-4003-008 Dear Ms. Underhill: The above-noted Official Plan Amendment was approved on November 30, 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, Senior Planner at (519) 873-4025 if there are any questions or concerns. You truly, Bruce Curtis, MCIP, RPP Manager, Community Planning and Development Municipal Services Office - Southwestern Copies: Derk Dudek, CCL/IBI Group David Roe, applicant's consultant Dwayne Evans, OMAF- London Bob Aggerholm, MOE - London Neal Ferris, MCUL- London Bill Baskerville, LPRCA Clayton Watters, County of Elgin File No.: 34-OP-4003-008 Date of Decision: November 30, 2005 Municipality: Municipality of Bayham Date of Notice: December 1, 2005 Subject Lands: Part of Lot 11, Concession 1 Last Date of Appeal: December 21, 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 approve Amendment No. 8 to the Official Plan for the Municipality of Bayham as adopted by By-law No. 2005-062. Purpose and Effect of the Official Plan Amendment The purpose of Official Plan Amendment No. 8 is to change the land use designation of the subject lands from"Commercial"to"Residential" in the Municipality of Bayham Official Plan. The effect of the amendment would be to permit the revision of a draft approved plan of subdivision, which will remove 3 commercial blocks and allow for the development of 13 residential lots.The number of residential lots in the draft plan will increase from 29 to 42. A copy of the decision is attached. When and How to File An Appeal When the Decision is Final Any appeal to the Ontario Municipal Board The decision of the Minister of Municipal Affairs must be filed with the Minister of Municipal and Housing is final if a Notice of Appeal is not Affairs and Housing no later than 20 days from received on or before the last date of appeal the date of this notice as shown above as the noted above. last date of appeal. Other Related Applications: The appeal should be sent to the attention of none the Municipal/Planning Advisor, at the address shown below and it must, Getting Additional Information (1) set out the specific part of the proposed Additional information about the application is official plan amendment to which the appeal available for public inspection during regular applies, office hours at the Ministry of Municipal Affairs (2) set out the reasons for the request for the and Housing office at the address noted below appeal, and or from the Municipality of Bayham Office. (3) be accompanied by the fee prescribed under the Ontario Municipal Board Act in Mailing Address for Filing a Notice of Appeal the amount of$125.00 payable by certified Ministry of Municipal Affairs and Housing cheque to the Minister of Finance, Province Municipal Services Office -Southwestern of Ontario. 659 Exeter Road, 2nd Floor London ON N6E 1 L3 Who Can File An Appeal Only individuals, corporations or public bodies Submit notice of appeal to the attention of Erick may appeal the decision of the Ministry of Boyd, Municipal/Planning Advisor. Municipal Affairs and Housing to the Ontario Municipal Board. An appeal may not be filed by Tel: (519) 873-4025 an unincorporated association or group. Fax: (519) 873-4018 However, an appeal may be filed in the name of an individual who is a member of the association or group. DECISION With respect to Official Plan Amendment No. 8 Subsection 17(34) of the Planning Act I hereby approve Amendment No. 8 to the Official Plan of the Municipality of Bayham, adopted by By-law No. 2005-062. Dated at London this-0 th day of November, 2005. —liti Roger Moyer Acting Direc r Municipal Services Office - Southwestern Ministry of Municipal Affairs and Housing