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HomeMy WebLinkAboutBy-law No. 2020-008AMENDMENT NUMBER 25 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Antonia Van Leeuwen and Best Line Farms Ltd. 54728 and 54744 Best Line The following text constitute Amendment Number 25 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE below text change constituting Amendment No. 25 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. 2020-008, in accordance with Section 17 of the PLANNING ACT, on the 61h day of February 2020. MAYOR CLEF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-008 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. 25 to the Official Plan of the Municipality of Bayham consisting of the site -specific text description of the location of the lands 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. 25 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 6tn day of February 2020. MAYOR ' CLERK CERTIFIED that the above is a true copy of By-law No. 2020-008 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. LERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 25 1. PURPOSE The purpose of the Official Plan amendment is to change the land use designation for 27 ha (68 acres) of land is to permit, specific to the site, the creation of a second surplus dwelling lot and residential use on the lot in the Official Plan of the Municipality of Bayham. 2. LOCATION The area affected by this amendment is a farm parcel in an agricultural area, bounded by a railway line to the north, located on the north side of Best Line, west of Somers Road and known municipally as 54728 and 54744 Best Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as cultivated field with a ditch/creek crossing the site diagonally east to west, comprising a dwelling, shed and two barns. New residential uses are not permitted in the `Agriculture' designation except in the case of surplus farm dwelling severances and only one surplus severance is permitted for each original farm parcel. The farm operation consolidated the parcel in 2011 and it has been surplus to its needs since that time. There were two dwellings existing at the time of consolidation which is a unique situation. The dwelling is surplus to the needs of the farm operation, has existed for more than ten (10) years and the farm operation includes a dwelling within the Municipality. There was a previous residential lot severance from the original farm parcel for surplus farm dwelling, known as 54704 Best Line. The policies of the Bayham Official Plan Section 2.1.7 do not permit a second lot to be created, however, this is a unique situation where more than one dwelling existed at the time of consolidation. 4. DETAILS OF THE AMENDMENT a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended by adding the following sub -section: 2.1.7.6 Notwithstanding Section 2.1.1.2 and Section 2.1.7.1, the existing dwelling located in Part S'/2, Lot 9, Concession 10, and known municipally as 54728 Best Line, may be severed as a surplus farm dwelling and zoned for residential use, whereas a new lot represents the second surplus farm dwelling severance from the original farm parcel known municipally as 54744 Best Line, and whereas new lots and new residential uses are not permitted in the Agriculture designation. b) The lands subject to this Amendment and designated "Agriculture" may be used, developed and zoned in accordance with surplus farm dwelling policies of Section 2.1.7 of the Official Plan, as amended.