Loading...
HomeMy WebLinkAboutZoning By-law No. Z267-1991 14WNSHIP OF BAYHAM 1850 1 P.O.Box 1.60 Straffordville,Ontario NO) 1Y0 telephone(519)866-5521 . fax(519)866-3884 - eAYHAO February 3, 1992 Mr. Paul Valko R. R. # 1 Port Burwell Ontario NOJ 1TO Dear Mr. Valko: Re: Zoning By-Law 2267/91 You are hereby advised that the period for the giving of notice of appeal with respect to the aforementioned zoning by-law has now expired. No notice of appeal has been received within the specified period, therefore the appropriate zoning as requested is now in place. A copy of this by-law is attached for your reference. Should you have any questions , do nothesitate to contact this office. Yours very truly , Wm. Bogue Clerk-Treasurer WB/ke Enclosure William Bogue,A.M.C.T. James Gibbons Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent FORM 1 PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE TOWNSHIP OF BAY'HAM TAKE NOTICE that the Council of the Corporation of the Township of Bayham passed By-Law No. Z267-91 on the 19th day of December, 1991 under Section 34 of THE PLANNING ACT, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Township of Bayham not later than the 30ttyday of January , 1992, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies, and a Key Map showing the location of the lands to which the By-law applies (or, alternatively an explanation as to why a key map is not provided) are attached. The complete By-law is available for inspection in my office during regular office hours. DATED AT THE TOWNSHIP OF BAYHAM THIS 1Ot]DAY OF January , 1992. William Bogue Clerk Township of Bayham Box 160 STRAFFORDVJT T F., Ontario NOJ 1Y0 EXPLANATORY NOTE The purpose of By-law No. Z267-91 is to zone a piece of property for Rural Residential use in Lot 10, Concession II, on the west side of Browns Side Road in the Township of Bayham. The effect of this By-law will be to permit the development of one retirement dwelling on the subject lands in conformity with the Official Plan of the Township of Bayham, as amended. The subject lands are shown on the key map below. Township of Bayham KEY MAP LOT 9 LOT 10 CONCESI_ION II SUBJECT LAND .� THE CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. Z267-91 BEING A BY-LAW TO AMEND BY-LAW NO. 2387 WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to amend its Zoning By-law No. 2387; THEREFORE, the Council of the Corporation of the Township of Bayham enacts as follows: 1. THAT By-laws Nos. Z240-90 and Z263-91 are hereby repealed. 2. THAT By-law No. 2387, as amended, is hereby further amended by amending Schedule 'A', Map 73 by deleting from the Agricultural (A1) Zone and adding to the Rural Residential (RR) Zone, those lands enclosed in heavy solid lines and marked RR on Schedule 'A' to this By-law, which schedule is attached to and forms part of this By-law. 3. THIS By-Iaw comes into force: a) where no notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act, 1983 and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act, 1983 and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 19TH DAY OF DECEMBER, 1991. READ A SECOND TIME THIS 19TH DAY OF DECEMBER, 1991. READ A THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF DECEMBER, 1991. REEVE CLERK LAfatr C.. it1ap 66 I 7- RR RR ■F N Q. LOT 11: LOT 12 N- LOT 9 LOT 10 w co CONCESSION II I ("S 1-4700 tp 1 This is Schedule-/C Map No, 73 TOWNSHIP OF BAYHAM to By-law No. Z267-9l_passed the SCHEDULE A` 19th day of DECEMBgR ,1991 0 260m 500m Scale: 1:10,000 A! REEVE CLERK MAP No. 73 ty) • _ 1 CCL MEMORANDUM October 2, 1991 2001 TO: The Corporation of the Township of Bayham FROM: Gary Blazak SUBJECT: Valko Application for Three Residential Lots Part Lot 10, Concession 2 • The applicant has made application for an Official Plan and Zoning By-law Amendment to recognize the creation of three rural residential lots in Lot 10, Concession 2. • The subject lands comprise approximately 86 acres and are almost entirely covered by a mature woodlot. Several ravines, gullies and poorly drained areas divide the property into a number of distinct topographic areas. • The applicant's existing dwelling is situated in the north-west corner of the subject lands with frontage on the Second Concession Road. A previously severed parcel occupied by another rural residential dwelling under separate title is situated with frontage on the Brown Side Road at the south-east corner of the subject lands. • One of the proposed rural residential lots is situated at the north limits of the subject lands with frontage on the Second Concession Road. Two additional lots are proposed with frontage on the Brown Side Road in the central portion of the property. • After due consideration of the physical limitations of the subject lands for agricultural use, and the existence of other rural residential properties in the immediate area, Township Council adopted Official Plan Amendment No. 79 and Zoning By-law Amendment Z240-90 on June 21, 1990. These amendments were intended to recognize and legalize the three rural residential lots proposed by the applicant. .../2 CCL Page.../2 October 2, 1991 MEMORANDUM The Corporation of the Township of Bayham • Due to the objections of the Ministries of Agriculture and Food and Municipal Affairs, the proposed amendments have not been approved. Further, the recent comprehensive amendments to the Official Plan and Zoning By-law as approved by the Minister, were specific in their exclusion of the Valko proposal at the insistence of OMAF. • In the course of our discussions with OMAF and the Ministry of Municipal Affairs, it has become apparent that OPA 79 has no chance of receiving approval by the Minister and further, that OMAF and the Ministry of Municipal Affairs will seek a referral of this file to the Ontario Municipal Board if Council does not repeal By-laws 2556 and Z240-90. In consideration of the efforts resulting in the approved policies of OPA 87, it is our opinion that an attempt by the Township and/or Mr. Valko to defend OPA 79 at the OMB would be expensive and have low probability of success. • As such, if Mr. Valko and the Township remain committed to the creation of additional rural residential lots on the subject lands, then the following courses of action should be considered: i) the creation of one "farm related residential severance" as a retirement lot in accordance with Section 4.2.6 of the Official Plan, as amended; ii) the severance of the entire 86 acre parcel into two farm parcels in accordance with Section 4.2.5 of the Official Plan, as amended. • Both of the above-noted options would require only an amendment to the Zoning By-law. • If option ii) as described above is pursued, one of the new "farm parcels" should be approximately 50 acres in size. .../3 Cas Page.../3 October 2, 1991 MEMORANDUM The Corporation of the Township of Bayham • Although there can be no guarantee that OMAF will not object to any future rural residential severance on the subject lands, even if such severance should proceed in accordance with the options described above, it is our opinion that these alternatives carry a much greater chance of success if they should proceed to the OMB. /41 v. pc, CUMMING COC BURN LIMITED Gary Blazak, M.A. Consulting Planner to the Township of Bayham GB:mab FORM .1 PLANNING ACI", 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF TIIE TOWNSHIP OF BAYI JAM TAKE NOTICE that the Council of the Corporation of the Township of Bayham passed By-Law No. Z267-91 on the 19th day of December, 1991 under Section 34 of THE PLANNING ACI', 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Township of Bayham not Inter than the3otltilay of January , 1992, a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies, and a Key Map showing the location of the lands to which the By-law applies (or, alternatively an explanation as to why a key map is not provided) are attached. The complete By-law is available for inspection in my office during regular office hours. EXPLANATORY NO'T'E The purpose of By-law No. Z267-9I is to zone a piece of property for Rural Residential use in Lot 10, Concession II, on the west side of Browns Side Road in the Township of Bayham. The effect of this By-law will be to permit the development of one retirement dwelling on the subject lands in conformity with the Official Plan of the Township of Boykin], as amended. The subject lands are shown on the key map below. Township of Bayham KEY MAP 17�1i' IAT 9 + LOT 10 COKES! ION II SUBJECT LAND - 11 41> DATED AT THE TOWNSHIP OF HAYIIAM THIS 10th DAY OF JANUARY, 1992 William Bogue, Clerk TOWNSHIP OF HAYI1AH Inc 100, St-t'ilf fordY1I:I t 00: errs . v. TOWNSHIP OF BAYHAM ,Bso ....aaaa P.O.Box 160 Straffordville, Ontario NO)IY0 telephone(519)866-5521 • fax(519)866-3884 lt° 41AYHO January 9, 1992 The Tillsonburg News P. 0. box 190 Tillsonburg, Ont. N4G 4H6 Dear Sir: Please print the enclosed advertisements issue of Friday, January 10, 1992 for the following by-laws Z266/91 , Z267/91 , Z264/91 and Z265/92 .. Thank you. Yours very truly, Wm. Bogue Clerk-Treasurer WB/ke Enclosures William Bogue,A.M.C.T. James Gibbons Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent Ip, do 2- FORM 1 FORM 1 PLANNING ACT, 1983 PLANNING ACT, 1983 Id a- NOTICE OF THE PASS! NOTICE OF THE PASSING OF A ZONING BY-LAW =Y OF A ZONING BY-LAW BY a- THE CORPORATION O, THE THE CORPORATION OF THE IS TOWNSHIP OF BAY AM TOWNSHIP OF BAYHAM .- TAKENOT1 that the Council of the corporation of the Town- TAKE NOTICE thatthe Council of the Corporation of the Town- ship of Bayham p. sed By-Law No.Z 65-92 on the 2nd day of ship of Bayham passed By-Law No.Z267-91 on the 19th day of i_ Janus 1992 und> Section 34 of T, E PLANNING ACT,1983. December, 1991 under Section 34 of THE PLANNING ACT, �_ January� AND TAKE NOTIC, that any per-•nor agency may appeal to 1983. the Ontario Municipal B..rd in res••ct of the By-law by filing with AND TAKE NOTICE that any person or agency may appeal to o the Clerk of the Townshi• .1 Bay m not later than the 30th day the Ontario Municipal Board in respect of the By-law by filing with F of January, 1992, a notice ap seal setting out the objection to the Clerk of the Township of Bayham not later than the 30th day - the By-law and the reasons , .upport of the objection. ,of January, 1992,a notice of appeal setting out the objection to - An explanation of the pu •4.e and effect of the By-law, de- the By-law and the reasons in support of the objection. scribing the lands to which I,e : -law applies, and a Key Map An explanation of the purpose and effect of the By-law, de- showing the location of the I.nds t, which the By-law applies(or, scribing the lands to which the By-law applies, and a Key Map alternatively an explanatio as tow a key map is not provided) showing the location of the lands to which the By-law applies(or, are attached.The comple : By-law i. available for inspection in alternatively an explanation as to why a key map Is not provided) my office during regular , fice hours. are attached.The complete By-law is available for inspection in my office during regular office hours. EXP ANATORY •TE EXPLANATORY NOTE The purpose of By-I w No.Z265-92 is to c ange the zoning on a 1.5 hectare(3.7 acr:)parcel of land situate. on the South side The purpose of By-law No. Z267-91 is to zone a piece of of Highway No.3 In •art Lot 17,Concession 1 s in the Township property for Rural Residential use in Lot 10,Concession II,on the of Bayham, from th Farm Industrial (M1) Zon. to the Special west side of Browns Side Road in the Township of Bayham. Rural Industrial(M--8)Zone. The effect of this By-law will be to permit the development of The effect of thl. By-law will be to include as a kermitted use one retirement dwelling on the subject lands in conformity with on the subject la ds, an existing metal partitio fabrication the Official Plan of the Township of Bayham,as amended.The establishment in a.,ditian to all other permitted uses the Rural subject lands are shown on the key map below. Industrial(M2) Zo, e. Township of Bayham Townshl., of Bayham KEY MAP KEY AP L • LOT io % � i 44' ♦ti 1 . 1 T LAND . 11010111°1 USJECT LAtID LOT 17 LOT 10 cOlicESSIonl 110, "1"'Ili DATED AT THE TOWNSHIP OF BAYHAM THIS 10th DAY OF DATED AT THE TOWNSHIP OF BAYHAM THIS 10th DAY OF JANUARY, 1992 JANUARY, 1992 . •' William Bogue,Clerk William Bogue,Clerk •1r TOWNSHIP OF BAYHAM0 TOWNSHIP OF BAYHAM `�,, Box 160,Straffordvllle,Ont. Box 160,Straffordville,Ont. ,. NOJ 1YO NOJ 1YO Ministry of Ministere des c6:7 Natural Richesses Resources naturelles Ontario 353 Talbot St. W. FILE:4-2-3-3 Aylmer, Ontario N5H 2S8 November 26, 1991 Township of Bayham P.O. Box 160 Straffordville, Ontario NOJ 1Y0 ATTENTION: William Bogue, Clerk-Treasurer Dear Mr. Bogue: Subject: Zone By-Law Amendment LOT:10, CONC:2, TWP:Bayham PAUL VOLKO We have reviewed the area affected by this zoning by-law application and have no objections. However, our records show that a natural hardwood woodlot is located on this property. We have now established a "NO NET LOSS" of forestry ecosystem policy for the Aylmer administrative district. This district policy now requires us to ensure that existing forestry ecosystems are given regard when development is proposed. In the interest of retaining current forest cover for both wood fibre production/aesthetics and wildlife habitat, we ask that any future development within the forested area be restricted or kept to a minimum. Natural forest cover in Southwestern Ontario has been gradually dwindling due to development pressures. We would appreciate it if you could advise the applicant that this agency provides a free woodlot advisory service to help private landowners manage woodlots for sawlog, fuelwood and/or wildlife habitat. Persons wishing further information may contact our forestry staff at the Aylmer office. Yours /// D.G. Ward . '_. Acting District Manager Aylmer District r - > T. Difazio/ja c.c. County of Elgin, ATT:Charlie Stafford, Tree Commissioner eigin L st.thonias 99 Edward Street Telephone: (519)631-9900 health unit St. Thomas,Ontario N5P 1Y8 Fax: (519)633-0468 Director& Medical Officer of Health November 28, 1991 Mr. W. Bogue, Clerk Township of Bayham P.O.Box 160 STRAFFORDVILLE, Ontario NOJ 1YO Dear Mr. Bogue: Re: Zoning By-Law Amendments; Owner - Paul Valko; Lot 10; Con. 2; Bayham Twp. We have no objection regarding this by-law amendment. Yours truly, D. L. Holmes, C.P.H.I. (C) , C.E.H.A. Assistant Director Community Health Inspection Service DLH:kt c fir' w s • Aylmer: (519) 773-3961 Dutton: (519) 762-2745 TOWNSHIP OF BAYHAM 1 850 P.O.Box 160 A Er Straffordville,Ontario NOJ 1Y0 telephone (519)866-5521 • fax(519)866-3884 \ lt�` Planning Act, 1983 eaYHM NOTICE OF A PUBLIC MEETING To Be Held By BAYHAM TOWNSHIP COUNCIL Respecting Proposed Zoning By-Law Amendment TAKE NOTICE that the Council of the Corporation of the Township of Bayham will hold a public meeting for the purpose of informing the pubiic in respect of proposed zoning by-law amendments to be considered in accordance with the provision of The Planning Act. The Amendments to be considered are as follows : APPLICATION PAUL VALKO : -- Lot 10, Conc. 2, to rezone a portion of his lands from Rural Residential to Al. This will reverse a previous Council decision to create 3 residential lots by severance by the Elgin County Land Division Committee . The Public Meeting will be held in the Council Chambers at Straffordville commencing at ' t 3 0 /2 on A.4,,vl , ie/L- / 7, 77 1/ Any inquiries prior to that date may be directed to the Township Clerk (866-5521) W. Bogue Township Clerk Box 160 Straffordville , Ontario NOJ 1Y0 William Bogue,A.M.C.T. James Gibbons Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent Al Map 661 RR, tir----- 9 =_ Al LOJ 11 LOT 12 Os I LOT 9 LOT 10 a I roU CONCESSION II I ,� Ai ..,4/111111N10 I Al 0 This is Scheduie"A; Map No. 73 TOWNSHIP OF BAYHAM to 8y-law No. 2387 passed the SCHEDULE A' 7th day of January ,1988. 0 250m 600m scale: 1:10,000 MAX STEWART J.A. PETRIE REEVE CLERK MAP No. 73 TOWNSHIP OF BAYHAM ti Vii\\\f P.O.Box 160 ) Straffordville,Ontario NOJ 1Y0 '' telephone(519)866-5521 • fax(519)866-3884 &RVH November 18, 1991 The Tillsonburg News P.O. Box 190 Tillsonburg, Ontario N4G 4H6 Gentlemen Please print the following advertisement in your issue of November 20, 1991 :- Planning Act, 19833 NOTICE OF A PUBLIC MEETING To Be Held By BAYHAM TOWNSHIP COUNCIL Respecting Proposed OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TAKE NOTICE that tYe Council of the Corporation of the Township of Bayham will hold a public meeting for the purpose of informing the public in respect of proposed Official Plan and Zoning By-law Amendments to be considered in accordance with the provisions of The Planning Act. The amendments to be considered are as follows:- APPLICATIONS BEREND JAN VEEN : - Concession 6, South Part of Lot 136' to change the zoning of a portion of the lands from Agricultural (Al ) to Estate Residential. This will permit the creation of a residential lot by severance by the Elgin County Land Division Committee CONTINUED William Bogue,A.M.C.T. James Gibbons Lorraine Moore -Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent PAGE 2 ISIDORE AND IRMA VOLKAERT :- Concession South Gore, Lot 25 to change the zoning on a portion of their property from Agriculture (A1 ) to Rural Residential . This will facilitate the severance of a residential lot for retirement purposes by the Elgin County Land Division Committee . PAUL VALKO:- Lot 10, Conc 2, to rezone a portion of his lands from Rural Residential to Al. This will reverse a previous Council decision to create 3 residential lots by severance by the Elgin County Division Committee. The Public Meeting will be held in the Council Chambers at Straffordville , commencing at 8: 30 P.M. on Thursday December 19, 1991. Any inquiries prior to that date may be directed to the Township Clerk (866-5521 ) . W. Bogue Township Clerk Box 160 Straffordville; Ontario NOJ 1Y0 Yours truly Wm. Bogue Clerk WB/lm TOWNSHIP OF BAYHAM 8 50 :........: P.O.Box 160 Straffordville,Ontario NO!1Y0 telephone (519)866-5521 • fax(519)866-3884 , Planning Act , 1983 NOTICE OF A PUBLIC MEETING To Be Held By BAYHAM TOWNSHIP COUNCIL Respecting Proposed Zoning By-Law Amendment TAKE NOTICE that the Council of the Corporation of the Township of Bayham will hold a public meeting ' for the purpose . of informing the public in respect of proposed zoning by-law amendments to be considered in accordance with the provision of The Planning Act . The Amendments to be considered are as follows : APPLICATION PAUL VALKO : - Lot 10 . Conc. 2, to rezone a portion of his lands from Rural Residential to Al . This will .reverse a previous Council decision to create 3 residential lots by severance by the Elgin County Land Division Committee . The Public Meeting will be held in the Council Chambers at Straffordville commencing at V 3 414J2, 1 / Any inquiries' prior to that date may be directed to the Township Clerk ( 866-5521 ) W. Bogue Township Clerk Box 160 Straffordville , Ontario NOJ 1Y0 William Rogue,A.M.C.T. James Gibbon Lorraine Moore Dwayne Daniel Clerk Treasurer Road Superintendent Tax Collector Chief Building Official By-Law Enforcement Officer Drainage Superintendent