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HomeMy WebLinkAboutBy-law No. 2017-024 �AYH11lT Bonnefield Farms Ltd. NOTICE OF REFUSAL OF OFFICIAL PLAN 0 if �� AND ZONING BY-LAW AMENDMENT BY THE WO. CORPORATION CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham refused an application for an Official Plan and Zoning By-Law Amendment on the 2nd day of March 2017 in accordance with Section 22 and 34 of the PLANNING ACT. THE PURPOSE of the official plan amendment is to change the land use designation on a 28,848 m2(6 acre) parcel from "Agriculture" to "Site Specific Agriculture", by: adding to section 2.1.10 Supplementary Farm Dwellings, section 2.1.10.3, or making a general amendment to section 2.1.10.1 d), allowing for the development of a farm related oversized bunkhouse in the Agriculture land use policies for the subject lands; and by adding "Site Specific Agriculture"for the subject lands to Schedule 'Al' Land Use of the Official Plan. The amendments apply specifically to lands located in Lot 14, Concession 2 and known municipally as 4964 Plank Road. THE PURPOSE of the zoning by-law amendment request is to add site-specific zoning provisions to the subject site to allow for the development of an oversized farm related bunkhouse for seasonal farm labourers on a 28,848 m2(6 acre) parcel, by: adding a new section in the Special Agricultural (A2-XX)zone as it relates to minimum lot area, minimum rear yard, minimum landscaped open space, and to allow for the oversized bunkhouse;and by amending Schedule"A", Map No. 14 by changing the zone marking from Al to A2-XX. THE EFFECT of the amendment would be to allow the accommodation of a farm related bunkhouse with a maximum of 50 seasonal farm labourers in a building not greater than 437 m2 (4,700 ft2) gross floor area including the basement on a 24,484 m2(6 acre)agricultural parcel. THE REASONS FOR REFUSAL of the Official Plan and Zoning By-law amendments are that the proposed is not consistent with policies in the Provincial Policy Statement 2014 for supplementary farm dwellings located on individual farms, it is not consistent with the Official Plan policies due to the intensity of accommodating 50 seasonal workers on a site with reduced lot area and existing apple storage facilities, it is not consistent with Official Plan policies for the preferred scale of 167 m2(1800 ft2)for supplementary farm dwellings and it does not comply with Zoning By-law regulations for minimum lot area and rear yard setback in the Agricultural (Al) Zone. Council considered all written and oral submissions received regarding this application, the effect of which helped Council to make an informed decision. AND TAKE NOTICE THAT a person or public body that requested an amendment to the Zoning By-law or Official Plan of the Municipality of Bayham may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment by filing a notice of appeal with the Clerk of the Municipality of Bayham NOT LATER THAN the 30th day of March, 2017. An appeal to the Ontario Municipal Board must be accompanied by a fee in the amount of$300.00 that is made payable to the Minister of Finance and filed with the Clerk of the Municipality. The notice of appeal must set out the reasons for the appeal and be submitted using the form available from the Ontario Municipal Board's website: http://elto.gov.on.ca/omb/. The decision of the Council of the Municipality of Bayham is final if a notice of appeal is not received on or before the last day for filing a notice of appeal. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless,before the zoning by-law and official plan was refused,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 Municipal Board,there are reasonable grounds to add the person or public body as a party. DATED AT THE MUNICIPALITY OF BAYHAM THIS 10th DAY OF MARCH 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line,P.O. Box 160 Straffordville,ON,NOJ 1Y0 ,,.T,= Tel:519-866-5521 Ext 222 10T It 7,0'1'13 1 Lb, g 14 t 0� 101 15 �� Fax: 519-866-3884 *i E-mail:munderhill(a)bayham.on.ca LLL ONO W:www.bayham.on.ca 101 3 11 LO l_\\� T u T13 /y Iai`or Inr_u is L01'L" iva AMENDMENT NUMBER 18 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 4964 Plank Road, Port Burwell The following text and map schedule constitute Amendment Number 18 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. 18 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. 2017-024, in accordance with Section 17 of the PLANNING ACT, on the day of 2017. MAYOR CLERK BY-LAW NO. 2017-024 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. 18 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 18 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 day of 2017. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-024 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. 18 1. PURPOSE The purpose of the official plan amendment is to change the land use designation on approximately 28,848m2 (6 acre) of land from the "agricultural" designation to the "Site specific Agriculture" designation in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from the Agricultural (A1)Zone to the Site Specific Agricultural (A1-29) Zone. The intended land use is a permanent bunkhouse facility to accommodate a maximum 50 seasonal offshore farm workers on the existing apple farm administration and storage lot. 2. LOCATION The area affected by this amendment is an irregular parcel of land located on the east side of Plank Road, north of Glen Erie Line, north of the Village of Port Burwell and known municipally as 4964 Plank Road. 3. BASIS OF THE AMENDMENT The application is deemed to be in accordance with the Provincial Policy Statement 2014 and the Official Plan of the County of Elgin. For a complete analysis of this criteria including why the proposed application is supported with five recommendations for approval see the memorandum dated January 9, 2017 titled "Official Plan and Zoning By-law Amendment application by Bonnefield Farmland ONT Ill LTD for lands at 4964 Plank Road to permit a bunkhouse (supplementary farm dwelling) for up to 50 seasonal farm labourers", by IBI Group. 4. DETAILS OF THE AMENDMENT Section 2.1.10 is hereby amended by adding the following new subsection: 2.1.10.3 Notwithstanding Section 2.1.10.1 d)Size and Type,the subject lands located in Lot 14, Concession 2 and known municipally as 4964 Plank Road, may develop a farm related bunkhouse for the accommodation of a maximum of 50 seasonal farm labourers in a building not greater than 437m2 (4,700 ft2) gross floor area including the basement. v,paiA4,1 ' MUNICIPALITY OF BAYHAM - IP DEPUTY CLERK'S CERTIFICATE '.Po..tunity isY04'6 Section 22 of the Planning Act,R.S.O. 1990, Chapter P. 13 I, Margaret Underhill, Deputy Clerk and Planning Coordinator hereby certify that the notice for an application(Bonnefield Farmland Ontario III Inc.) for Official Plan Amendment and Amendment No. 18 of the Corporation of the Municipality of Bayham refused by the Council of the Corporation on the 2nd day of March 2017 was given in the manner and form and to the persons prescribed by regulations made by the Lieutenant Governor-in-Council under Section 34 of the Planning Act. I also certify that the 20 day objection period expired on the 30th day of March 2017 and to this date, no notice of objection has been filed under Section 22 by any person in the office of the Clerk. Official Plan Amendment No. 18 is not in full force and effect. Dated at the Municipality of Bayham this 31St day of March 2017. Xv % Deputy Clerk/Planning Coordinator File: D08.BONNE