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HomeMy WebLinkAboutBy-law No. 2017-114 AMENDMENT NUMBER 22 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 27 Erieus Street, Port Burwell The following text and map schedule constitute Amendment Number 22 to the Official Plan of the Municipality of Bayham 1 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 22 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. 2017-114, in accordance with Section 17 of the PLANNING ACT, on the 16th day of November 2017. MAYOR CLERK 2 BY-LAW NO. 2017-114 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. 22 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. 22 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 16th day of November 2017. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-114 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK 3 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 22 1. PURPOSE The purpose of the official plan amendment is to change the land use designation for 1,011 m2 (0.2 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from a Central Business District (C1) Zone to a Village Residential (R1) Zone in the Municipality of Bayham Zoning By-law. The amendment is intended to accommodate a change in use for a vacant commercial parcel to allow residential infill development. 2. LOCATION The area affected by this amendment is a rectangular parcel of land located on the west side of Erieus Street, south of Waterloo Street in the Village of Port Burwell and known municipally as 27 Erieus Street. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an underutilized commercial use. Due to the lands being vacant, since a fire destroyed the original residence in the late 1970's, there is an opportunity for development on the lands. No commercial business has developed the lands for a number of years due to the lack of commercial demand in Port Burwell. The proposed redesignation of the subject lands would meet the intent of Section 4.5.2.2 that supports residential intensification in villages on underutilized lots in residential designations with full services. Furthermore, the proposed meets the intent of Section 4.2.4.1 that encourages intensification and redevelopment in settlement areas on underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Based on the above sections the proposed change is consistent with the Official Plan. The application is deemed to be in accordance with the Provincial Policy Statement 2014 (PPS) and the Official Plan of the County of Elgin. PPS Section 1.1.3 indicates that settlement areas shall be the focus of growth and development, and that regeneration shall be promoted. PPS Section 1.1.3.2 indicates that land use patterns within settlement areas shall include efficient use of land and resources. The proposed amendment is consistent with the PPS based on promoting growth, intensification and efficient use of land and resources where infrastructure exists within a settlement area. Elgin County Official Plan Section C1.1 encourages the enhancement of the character and identity of existing residential areas and promotes the efficient use of existing infrastructure. The proposed redesignation to residential would enhance the character of the area, by adding to the existing building stock. It would also create intensification in 4 c: an area with existing infrastructure in an existing built up area. 4. DETAILS OF THE AMENDMENT a) Schedule "D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Commercial" to "Residential" those lands outlined and marked as changed to "Residential" on the attached Schedule "D", 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 4.2.2 and 4.5 of the Official Plan, as amended. 5 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE 'D' ~ I _______I Fr PORT BURWELL: ---, LAND USE �/ and CONSTRAINTS 0 (.4 r 1 Moaawm+ /� ./ /'� 1 1=_ =, T3—, ��` Land Use g eo sr�ii-.fp., I" �+� P \ , Residential ■ Multi Unit Residential • r_18,m(1,0 *`• � �' �j Harbour Residential/Commercial JN--,.,...,,,vC::. .__.___„, �t MO Commercial mfj -_ ® Institutional � AeIndustrial `,.. ' �,f\� � 7��� terata �i�� w'n f Opan Space \� !�` /I I=1 MI Conservation Lands �' `,: .1 / Specific PolicyAreas ,o_ 1r\ �f I1 T� �! H- IIP jcjfttfijy S . , �, 4 j�.—+� — Local Roads , �.,:.,`". I SUBJECT LANDS CHANGED FROM"COMMERCIAL"TO i I 1 ,`� "RESIDENTIAL" 1 ;føARSdNo2 Lake Erie OA- ... N tti '1� S 4% 0 125 250 500 Metres c �I 1:10,000 ci 9 Schedule'13'forms part of Official Plan 8 of the Municipality of Bayham and must `�-' May 2017 be read In conjunction with the written text. 4j�!►� MUNICIPALITY OF BAYHAM `'' � 56169 Heritage Line ����, P.O. Box 160 (cL , ®p Straffordville, ON NOJ 1Y0 ► s� POrtunity is*i° Phone (519) 866-5521 - Fax(519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) or$1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. Q I/We, y‘ PetC-Lq shall assume responsibility for any additional costs exceeding the deposited a nt related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. PropertOwner cr. 1A-,1 , PA3--\6,a, VNme .‘Nk Property Owner FOR OFFICE USE ONLY DATE RECEIVED: ` -r7 AMOUNT RECEIVED: `'`®<.� DEEMED COMPLETE: C: / 3//0 RECEIPT# : ( 0 -'`'C FILE NO: l-J t ' ' QCT DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's pp� aA Name(s): l�tOtNv:,--twxv1 Vk puseC not AMQ k(C4Z Address: 234 `-'114/\ AcC.tc_c3," �IP, (to, Phone No. (Home): Ict-`-(az(°-( '0;l( Business: Ana . Fax: -6svG C1 4 Email: p r @ (lc 5O al-AD Cion Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. s) 2. Applicant/Authorized Agent: Address: Phone No.: Fax: E-mail: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested Roll # ;� � �+ � lett Concession: Lot: Reference Plan No: p tap, k Part Lot: Street and Municipal Address No.: 471 (�s-a�-�3- � �- P3,1 What is the size of property which is subject to this Application? Area: if Ott 701 m2 Frontage: ° >. m Depth: 50s m When were the subject lands purchased by the current owner? S„_i__ Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: .e. How does the application conform to the Official Plan? C_O WU('rie,V&CS' w • 4-W\Q--vvikWe- ft--40 't4 5. Existing Zoning By-law Classification: ,. What are the current uses of the subject lands? Veke If known, provide the length of time these uses have continued on this property. A If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks MO If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. eaD t k Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? a DA dfi A Sy 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes , adjustment of a settlement area? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? YesN®. If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) N. For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks p d ReS:12./Ne.a..- k,A 4 1 r✓k tl b ktfk, MU% 164 4 S CO l' 56 f Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) uz,cne\tec-- %.-Lt69, 4-0 *LA Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: t `A, t- ., ! ',.4c__ ;;Nik, 11, Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( ) Municipal Road— maintained all year ( ) Municipal Road —seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 20. this application is to accommodate the consent of a surplus farm dw ' g, please providethe following information: �„ - Date surplus farm-dwelling was erected: Please provide the assessment roll num.- , ocation, and zoning of the farm parcel with which the subject lands are being consolida o Roll #k -- = 01 911 Address: Zonin•, assification: \–____ I/We, �� 4� Co. � a. , ',., ,,I,-_ of the ,,A, \ OJ.1'' Name :‘, Town/roti ship/City[Viliage1etc. of , >s j3,�, _A;' ;Pj the County of �_ , do solemnly declare: 1 M ` ipality Name a� County Name (i) that I/ am/,a-r�the owner(s) of the lands described above (ii) that to the best of my/€u) knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby'appoint to act as an Agent on my/our behalf in all aspects orthis--a.p lips_cati�on. Owner(s) . )---- �1/4„: ,r `0 %%��`'-' A Andmake this solemn declaration conscientiously believing it to be true, and knowing that it is o' e same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". . DECLARED BEFORE ME at the: @t, _ �„ __ r ,, / , ,, , ,,,,,, ,,,,f� / of 7)c y/747/k7 '- (Owner%Agent in the County/Region of /' this day of � fe-1hZ,� 20 .. 7'7 !f- Owner/)Agent A Commissioner, etddARGAR T UNDERHILL,a Commissioner, ete, Deputy Clerk of the Corporation of the h'Iuricipwtity ofDayhace ....._,....._„.....____,___„,......_ ...,„,......,.._.„. .... A 0111 1 ;• 0123 I : : co CV 1 vG) -. Cr , r '., v... : 25 oD N 0) 25 i, e)1,.e_ ; t :UV —----- I 1 1 ,,m,,,„„ h,r, ---:>--.---,-zer-^o-,..--"------m 1 — - ...----- --- .....--7 ..3:...--, I QJ ' . .,. . g 1 •,, , 1 t. 0112 ; 0122 24 1 i •• 24 t ; 11 R47 09 [ cn z I 141 0127 LCI 23, I-.. Ci- (#) (NI co ..,- . ,,,,„..,...., ....LL,.... .... 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'=*" 118 1 0119 1 1 CZ, t 0 ----...,.! i. 1 Q (...:,. p L 1 1 : 21 21 ...—....., 21 AMENDMENT NUMBER 22 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 27 Erieus Street, Port Burwell The following text and map schedule constitute Amendment Number 22 to the Official Plan of the Municipality of Bayham 1 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 22 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. 2017-114, in accordance with Section 17 of the PLANNING ACT, on the 16th day of November 2017. ?Ziej MAYOR CLERK 2 BY-LAW NO. 2017-114 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. 22 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. 22 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 16th day of November 2017. re/ MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-114 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK 3 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 22 1. PURPOSE The purpose of the official plan amendment is to change the land use designation for 1,011 m2 (0.2 acres) of land from "Commercial" to "Residential" in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from a Central Business District (C1) Zone to a Village Residential (R1) Zone in the Municipality of Bayham Zoning By-law. The amendment is intended to accommodate a change in use for a vacant commercial parcel to allow residential infill development. 2. LOCATION The area affected by this amendment is a rectangular parcel of land located on the west side of Erieus Street, south of Waterloo Street in the Village of Port Burwell and known municipally as 27 Erieus Street. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an underutilized commercial use. Due to the lands being vacant, since a fire destroyed the original residence in the late 1970's, there is an opportunity for development on the lands. No commercial business has developed the lands for a number of years due to the lack of commercial demand in Port Burwell. The proposed redesignation of the subject lands would meet the intent of Section 4.5.2.2 that supports residential intensification in villages on underutilized lots in residential designations with full services. Furthermore, the proposed meets the intent of Section 4.2.4.1 that encourages intensification and redevelopment in settlement areas on underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Based on the above sections the proposed change is consistent with the Official Plan. The application is deemed to be in accordance with the Provincial Policy Statement 2014 (PPS) and the Official Plan of the County of Elgin. PPS Section 1.1.3 indicates that settlement areas shall be the focus of growth and development, and that regeneration shall be promoted. PPS Section 1.1.3.2 indicates that land use patterns within settlement areas shall include efficient use of land and resources. The proposed amendment is consistent with the PPS based on promoting growth, intensification and efficient use of land and resources where infrastructure exists within a settlement area. Elgin County Official Plan Section C1.1 encourages the enhancement of the character and identity of existing residential areas and promotes the efficient use of existing infrastructure. The proposed redesignation to residential would enhance the character of the area, by adding to the existing building stock. It would also create intensification in 4 an area with existing infrastructure in an existing built up area. 4. DETAILS OF THE AMENDMENT a) Schedule "D" Port Burwell: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Commercial" to "Residential" those lands outlined and marked as changed to "Residential" on the attached Schedule "D", 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 4.2.2 and 4.5 of the Official Plan, as amended. 5 OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM P SCHEDULE 'D' `~ --,` \ i �����''��� PORT BURWELL: �i LAND USE ,\ l and CONSTRAINTS 1 .040- /,*i • . (y /// I j-T �` // /i • /,,,e.aP ��E / ��rpp t0+ Land se !'��N-__p.,�' �� �" „1 ! Residential a nW�T , ■ L_; Multi Unit Residential a t�I� ° 1`A r ® Harbour Residential/Commercial b �.• {��u,.� = Commercial i �� r N = Institutional ' l' .\ ,4 • myr- Industrial �� I`�'�I� �/� „;��--^� ooay.cucr.�o l f / �04 — " Open Space 1 w.� '� 1 • per/ e ,j {I Conservation Lands NN I I` �os�1� ;7 Specific Policy Areas T \ '\ ?] �i �i I El ow ISI,! - ' , - .,,, / Constraints 'i'��/ r ' �/ M Hazard Lands a � 7,I nj ,� /� ® /'f � � Sewage Treatment Facilities ###.I. �C , J I / I B^ 711 •� 1 t�I/,�041#4 ( 1�.•"4 1 • Existing Petroleum Welts ##i '',...-..4.r."-- / Ism!!e /1'4,I'/��!�t4Woi#1' A ` Base Features l rI� n�1 '�' °,144 /� Oir' — CountyRoads k. ��, / /pw10:1=0: ,� — Local Roads E.y 41.411/4 „6, � \ cli / SUBJECT LANDS CHANGED '���fff,,, \\\ rA FROM"COMMERCIAL"TO ,. av / "RESIDENTIAL" S SPECIFIC POLICY �f AREA NO.2 r / Id. Lake Erie L 4' /4 a t I S ����1; S v �I%/ p 0 125 250 500 Metres -�'/1. 1:10,000 F.,' Schedule'12'forms part of 0Mclal Plan of the Municipality of Bayham and must be read in conjunction with the written text. 'x- May 2017