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HomeMy WebLinkAboutBy-law No. 2014-116 - f 1 b AMENDMENT NUMBER 13 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: FARM CONSOLIDATION AND SURPLUS FARM DWELLINGS MUNICIPALITY OF BAYHAM The following text and map schedule constitute Amendment Number 13 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. 13 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. 2014-116, in accordance with Section 17 of the PLANNING ACT, on the 18th day of December 2014. t./. 63/A-CP MAYOR CLERK BY-LAW NO. 2014-116 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. 13 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. 13 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 18th day of December 2014. fie / 4°7 .y f MA OR C ERK CERTIFIED that the above is a true copy of By-law No. 2014-116 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. 13 I. PURPOSE The purpose of the official plan amendment is to change the policies of Section 2.1.7 Farm Consolidation and Surplus Farm Dwellings. 2. LOCATION The amendment applies to all lands designated "Agriculture" as shown on Schedule Al Municipality of Bavham Land Use of the Official Plan. 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 recommended for approval see the memorandum dated October 24,2014 titled"Application to Amend the Official Plan&Zoning By-law#Z456-2003 -Pt. Lot 13& 14, Concession 5, 55738 Calton Line;and Official Plan Section 2.1.7 Surplus Farm Dwellings", by IBI Group. 4. DETAILS OF THE AMENDMENT Section 2.1.7.1 through 2.1.7.4 of the Official Plan are hereby deleted in its entirety and replaced with the following: 2.1.7.1 In accordance with the Provincial Policy Statement, farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation. Farm consolidation may result in the identification of existing farm dwellings that are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied a minimum of ten(10)years prior to the date of consent application, and which are surplus to a consolidated farm operation, may be permitted within the"Agriculture"designation in accordance with the following criteria: a) In the opinion of Municipal Council,a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; b) Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation,only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership. c) A minimum of one existing dwelling within the Municipality of Bayham must be retained by the proponent farm operation,ora registered owner of the proponent farm operation; 2.1.7.2 The severed lot with the surplus farm dwelling shall: a) Be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority, and be serviced by a potable water supply; b) Meet the provisions of the MDS 1 for livestock facilities and manure storage facilities on the proposed retained lands; c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the Municipality of Bayham; 2.1.7.3 The severed lot with the surplus farm dwelling may: a) Include accessory buildings and structures if in the opinion of Municipal Council a land use conflict will not be created; and b) Include accessory buildings and structures where the property has been rezoned to prohibit the keeping of livestock 2.1.7.4 All parcels of property constituting the retained agricultural lands shall: a) Depending on the current zoning and lot size, meet the provisions of the Agricultural (Al I Al-A) Zone regulations of the Zoning By-law of the Municipality of Bayham; b) Be rezoned to prohibit the placement, development, or establishment of any additional type or form of residential dwelling units thereon, regardless of changes in property boundary or ownership. G I V En i�- IAY 252015 J 41111'Y LlitYHAM May 19, 2015 Margaret Underhill, Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 9344 Plank Road Straffordville, ON NOJ 1Y0 Re: Official Plan Amendment No. 13 File No: BA-OPA13-14 Further to the Notice of Decision given on April 16, 2015 please be advised that no appeals have been lodged with the County of Elgin within the 20 day appeal period and therefore this Official Plan Amendment is approved . A signed declaration is attached for your files. If you have any questions please contact me. Yours truly, -e ‘44. Steve Evans Manager of Planning Enclosure cc: Paul Shipway, CAO Municipality of Bayham P.O. Box 160, 9344 Plank Road Straffordville, ON NOJ 1YO County of Et .I, Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca roe vo by 1%-ii tfre DECLARATION In Accordance with Section 17(38) of the Planning Act Re: Official Plan Amendment No. 13 Municipality of Bayham Applicant: Municipality of Bayham Owner: William and Jacqueline Ringland Location: 55378 Calton Line Municipality of Bayham County File No.: BA-OPA13-14 l Steve Evans, Manager of Planning, for the County of Elgin hereby declare, 1. That the Council of the County of Elgin approved Official Plan Amendment No. 13 on April 14, 2015. 2. That notice of the decision was given as required under section 17(35) of the Planning Act on April 16, 2015. 3. That no notice of appeal to the Ontario Municipal Board of the decision to approve Official Plan Amendment No. 13 was filed under section 17(36) of the Planning Act within the time allowed for submitting an appeal. 4. That based on the above information, the decision of the Council of the County of Elgin (Approval Authority) is final and Official Plan Amendment No. 13 is now in full force and effect. Dated in Elgin County, Ontario, this 19th day of May, 2015. ‘,„,, teve Evans, Manager of Planning County of Elgin