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HomeMy WebLinkAboutBy-law No. 2015-059 AMENDMENT NUMBER 16 cQ 0 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: COMMUNITY IMPROVEMENT/ PUBLIC NOTIFICATION MUNICIPALITY OF BAYHAM The following text constitutes Amendment Number 16 to the Official Plan of the Municipality of Bayham 1 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text constituting Amendment No. 16 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. 2016-059, in accordance with Section 17 of the PLANNING ACT, on the 21St day of May 2015. 6,/ ,L;r )f)ele,\N‘Ntii/f--E-SMAYOR CLERK 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-059 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. 16 to the Official Plan of the Municipality of Bayham consisting of the attached policy amendments 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. 16 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 21st day of May 2015. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2015-059 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. 16 1. PURPOSE The purpose of the official plan amendment is as follows: • To add new wording to Section 7.0 preamble, Section 7.1.4, Section 7.2.3, and Section 7.3 as it relates to Community Improvement; and • To revise the wording in Section 8.5.2.3, 8.5.2.6, 8.5.4.2, and 8.6.2.1, as it relates to Public Notice requirements for Planning Act applications. 2. LOCATION The amendments apply to all lands within the Municipality of Bayham. 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 amendments are recommended for approval see the memorandum dated March 3, 2015 titled "ELGINCENTIVE COUNTY-WIDE COMMUNITY IMPROVEMENT PLANNING FRAMEWORK - PRELIMINARY RECOMMENDATIONS WITH RESPECT TO CHANGES TO THE LOCAL POLICY FRAMEWORK", by Meridian Planning. In addition, the amendments to Section 8 are in accordance with the Planning Act, which allows for local municipalities to provide notice of Official Plan and Zoning By-law amendments or comprehensive reviews; Community Improvement Plans; Development Permit Systems; and Plans of Subdivision by different methods not limited to newspaper notice only. 4. DETAILS OF THE AMENDMENT a) Section 7 of the Official Plan is hereby amended by adding the following sentence in the preamble: Municipal Council may determine that additional community improvement project areas within the Municipality of Bayham may be identified subject to the criteria set out in this section. b) Section 7.1.4.1 of the Official Plan is hereby amended by adding the following new subsection: k) Generally foster local economic growth. I) To promote the establishment, expansion, and rehabilitation of tourism and tourist destination-oriented uses within existing buildings. m)To encourage the establishment,expansion, and rehabilitation of agriculture-related and 4 secondary uses within existing buildings in the agricultural area. c) Section 7.2.3 of the Official Plan is hereby amended by adding the following new subsection: 7.2.3.8 Any other environmental, social or community economic development reasons, in conformity with the policies of the County of Elgin Official Plan and this Plan. d) Section 7.3 of the Official Plan is hereby amended by adding the following sentence: Municipal Council may designate by By-law "Community Improvement Project Areas", the boundaries of which may be the entire Municipality or part of the Municipality of Bayham. These areas will be eligible for "Community Improvement" as defined in the Planning Act. e) Section 8.5.2.3 of the Official Plan is hereby amended by deleting the section in its entirety and replacing it with the following: In the case of comprehensive Official Plan or Zoning By-law amendments which will affect the entire municipality, or a Community Improvement Plan, notice shall be given in accordance with the Planning Act to give the public reasonable notice, not less than 20 days prior to the date of the public meeting. f) Section 8.5.2.6 of the Official Plan is hereby amended by deleting the section in its entirety and replacing it with the following: Proposed official plan amendments and proposed zoning by-law amendments which affect the same area or issues will be discussed at the same public meeting and shall be published as one notice where necessary according to the policies of Section 8.5.1 of this Plan and the Planning Act, as amended or revised from time to time. a) Section 8.5.4.2 of the Official Plan is hereby amended by deleting the section in its entirety and replacing it with the following: In the case of Official Plan amendments related to a Five Year Review and/or Development Permit System policies, notice shall be given once a week in each of two separate weeks in accordance with the Planning Act to give the public reasonable notice, both of which are not less than 30 days prior to the date of the public meeting. a) Section 8.6.2.1 of the Official Plan is hereby amended by deleting the first sentence of the section in its entirety and replacing it with the following new sentence: In the instance of a proposed draft plan of subdivision, notice shall be given in accordance with the Planning Act to give the public reasonable notice, not less than 20 days prior to the public meeting. 5 File No.: BA-OPA16-15 Date of Decision: July 28, 2015 Municipality: Municipality of Bayham Date of Notice: August 6, 2015 Subject Land: Applies to the entire Municipality Last Date of Appeal: August 26, 2015 Applicant: Municipality of Bayham NOTICE OF DECISION With respect to an Official Plan Amendment Section 17(35) and 21 of the Planning Act Purpose and Effect of the Official Plan Amendment The purpose of this Amendment is to revise the policies of Section 7.0 of the Municipality of Bayham Official Plan as they relate to Community Improvement by broadening the scope of the policies and allowing the local Council to designate the entire municipality as a Community Improvement Project Area and to partner with the upper tier County of Elgin in the implementation of "Elgincentives" which is a County-wide Community Improvement Planning Framework. In addition, this amendment revises the policies of Section 8.5 of the Municipality of Bayham Official Plan as they relate to notice requirements allowing the Municipality to use alternative methods of notice other than by publication in a newspaper only. Decision On July 28, 2015, Elgin County Council approved Amendment No.16 to the Official Plan for the Municipality of Bayham as adopted by By-law No.2015-059 on May 21 2015. When and How to File an Appeal Who Can File an Appeal Any appeal to the Ontario Municipal Board must Only individuals, corporations or public bodies be filed with the County of Elgin no later than 20 may appeal the decision of the County of Elgin to days from the date of this notice as shown above the Ontario Municipal Board. A notice of appeal as the last date of appeal. may not be filed by an unincorporated association or group. However, an appeal may The appeal should be sent to the attention of the be filed in the name of an individual who is a Manager of Planning, at the address shown member of the association or group on its behalf. below and it must, No person or public body shall be added as a (1) set out the specific part of the proposed party to the hearing of the appeal unless, before official plan amendment to which the appeal the plan was adopted, the person or public body applies, made oral submissions at a public meeting or (2) set out the reasons for the request for the written submissions to the council, or, in the appeal, and opinion of the Ontario Municipal Board, there are (3) be accompanied by the fee prescribed under reasonable grounds to add the person or public the Ontario Municipal Board Act in the body as a party. amount of$125.00 payable by cheque to the Minister of Finance, Province of Ontario. Mailing Address for Filing a Notice of Appeal When the Decision is Final County of Elgin The decision of the County of Elgin is final if a Planning Department Notice of Appeal is not received on or before the 450 Sunset Drive last date for filing of a notice of appeal. St. Thomas, ON N5R 5V1 Other Related Applications: N/A Submit notice of appeal to the attention of the Manager of Planning. Getting Additional Information Additional information about the application is Telephone: (519)631-1460 available for public inspection during regular Fax: (519) 633-7661 office hours at the County of Elgin at the address noted below. 5-- e--1 r IC•unty r Vit 141 .41/0 SEP --9 2015 klUiliCiPitiTY OF DAmw September 3, 2015 Lynda Millard, Clerk Municipality of Bayham 9344 Plank Road P.O. Box 160 Straffordville ON NOJ 1Y0 Re: Official Plan Amendment No. 16 File No: BA-OPA16-15 Further to the Notice of Decision given on August 6, 2015, please be advised that no appeals have been lodged with the County of Elgin within the 20 day appeal period and therefore this OPA is approved. A signed declaration is attached for your files. If you have any questions, please contact me. Yours truly, 5d/e. S#1//91/4 Steve Evans Manager of Planning Enclosure County of Elgin Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.eigincounty ca DECLARATION In Accordance with Section 17(38) of the Planning Act Re: Official Plan Amendment No. 16 Municipality of Bayham Applicant: Municipality of Bayham Municipality: Municipality of Bayham County File No.: BA-OPA16-15 I, 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. 16 on July 28, 2015. 2. That notice of the decision was given as required under section 17(35) of the Planning Act on August 6, 2015. 3. That no notice of appeal to the Ontario Municipal Board of the decision to approve Official Plan Amendment No. 16 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. 16 is now in full force and effect. Dated in Elgin County, Ontario, this 3rd day of September, 2015. "51,/./ Z er-440 Steve Evans Manager of Planning County of Elgin