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Home My WebLink AboutZoning By-law No. Z656-2017 4,AYHA1� MUNICIPALITY OF BAYHAM DEPUTY CLERK'S CERTIFICATE �'Po"tunity IsKpd Section 34(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 Zoning By-law Amendment and By- law No. Z656-2017 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 34(19)by any person in the office of the Clerk. By-law No. Z656-2017 is not in full force and effect. Dated at the Municipality of Bayham this 31St day of March 2017. Deputy Clerk/Planning Coordinator File: D13.BONNE vo,YHA,At Bonnefield Farms Ltd. -- ^, NOTICE OF REFUSAL OF OFFICIAL PLAN r ! AND ZONING BY-LAW AMENDMENT BY THE ry p'"°"' " 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. EY MAP MUNICIPALITY OF BAYHAM • / Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham // 56169 Heritage Line,P.O.Box 160 4 J Straffordville,ON,NOJ 1Y0 =j1 I 071 Tel:519-866-5521 Ext 222 UT Ii 7,01'li 1-jf¢ 7 ;;' „s Fax:519-866-3884 � E-mail:munderhill( bavham.on.ca �``' W:www.bavham.on.ca `■ilBaru •LUT•t, vra:10100 O'f \` I llJl'4" uvr-it THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z656-2017 BONNEFIELD FARMLAND ONT III Inc. 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 Section 5.12 Exception —Agricultural (A1) Zone by adding the following clauses: 5.12.29 5.12.29.1 Defined Area Al-29 as shown on Schedule "A", Map No.14 to this By-law. 5.12.29.2 Minimum Lot Area 2.4 hectares 5.12.29.3 Minimum Rear Yard 4.5 meters 5.12.29.4 Minimum Landscaped Open space 10% 5.12.29.5 Additional Permitted Uses 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. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 14 by changing the zoning from Agricultural (A1) to Special Site- specific Agricultural (A1-29),which lands are outlined in heavy solid lines and marked Al-29 on Schedule"A"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 Municipal Board. By-law Z656-2017 2 READ A FIRST TIME AND SECOND TIME THIS 2ND DAY OF MARCH 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2017. MAYOR CLERK 4.1",.6.-kr, SEE SCHEDULE ,I�1�, A-MAP SEE No,11 SCHEDULE H- -- MAP VIENNA \ SEE SCHEDULE A-MAP I ll z I p. 1_:./--I- I to 1 LD—12 1 ,..,- I ( )T\ o LCT i3 S ; + - ill .. LOT 4. IA ,,I .. -I 1bI 't i Al 29 z ill I Ip 1 ,' !_ U T L;a12 t - '� "' I cii LC l 1b _ .,. SEE SCHEDULE L h f 16 I-MAP PORT BURWELL ''''''''''''''''? , [CT 7 LCT 8 k . r i This is Schedule"A'to By-law No.Z656-2017,passed the day of ,2017 , Mayor Clerk -"``tet; MUNICIPALITY OF BAYHAM Legend A. SCHEDULE A 0 ZULA NORTH MAP No.14 ._ LPRCA Regulation Limit a tea aso azo ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 M`""