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By-law No. 1998-022 THE CORORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 98-22 A BY-LAW TO ADOPT AMENDMENT NO. 105 TO THE MUNICIPAL OFFICIAL PLAN 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. 105 to the Official Plan of the Township of Bayham consisting of the attached text and map schedule is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the aforementioned Amendment No. 105 to the Official Plan of the Township of Bayham. 3. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs and Housing. ENACTED AND PASSED this 20th day of February, 1998. • 9 MAYOR CL RK CX-- —1-- AMENDMENT NUMBER 105 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM (AS ADOPTED BY THE MUNICIPALITY OF BAYHAM) SUBJECT:TALISMAN ENERGY SPECIAL AGRICULTURAL AREA No. 1 PART LOT 15, CONCESSION 2 The following text and map schedule constitute Amendment Number 105 to the Official Plan of the Township of Bayham OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM THE attached text and map schedule constituting Amendment No. 105 to the Official Plan of the Township of Bayham was prepared upon the recommendation of the Municipality of Bayham Planning Advisory Committee 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. 98-22,in accordance with Section 17 of the PLANNING ACT, on the 20 day of February , 1998. MAY R CLERK 1, LYNDA MILLARD, CLERK/DEPUIY TREASURER of the Corporation of the Municipality of Bayham, certify the foregoing 4.,a a certified true copy Dad this day oft 6-; , 19 5 g' THE CORORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.98-22 A BY-LAW TO ADOPT AMENDMENT NO. 105 TO THE MUNICIPAL OFFICIAL PLAN 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. 105 to the Official Plan of the Township of Bayham consisting of the attached text and map schedule is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs and Housing for approval of the aforementioned Amendment No. 105 to the Official Plan of the Township of Bayham. 3. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs and Housing. ENACTED AND PASSED this 20th day of February,1998. • 4- CLERK I, LYNDA MILLARD, CLERK/DEPUTY TREASURER of the Corporation of the Municipality of Bayham, certify the f regoing is,.a certified true copy 6 Dated this day of v 43 , ! 4 9 r OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM AMENDMENT NO. 105 1. PURPOSE The purpose of this Amendment is to change the land use designation on a parcel of land from"Agriculture"to"Special Agricultural Area No. 1"in the Official Plan of the Township of Bayham. 2. LOCATION The area affected by this Amendment comprises approximately 13.7 hectares (33.9 acres) and is situated in Part Lot 15, Concession 2 on the south side of Highway No. 19, in the Municipality of Bayham. 3. BASIS OF THE AMENDMENT The subject lands are located south of Highway No. 19(Plank Road) and east of Teall Nevill Road. Approval of this amendment will facilitate the development of a natural gas processing plant by Talisman Energy. The natural gas is intended to be extracted from Lake Erie and transported to the subject lands via pipeline,following the former Canadian Pacific Railway corridor to the proposed gas processing plant. After processing,the natural gas will be delivered via pipeline to the distribution system of a local gas utility company. The subject property is covered by a reforested woodlot. Adjacent land uses are predominantly agricultural, including both common field crops and tobacco, however, there is some evidence of scattered non-farm residential development along Plank Road approximately 350 metres to the north of the proposed plant site. According to the Canada Land Inventory of soil capability for agriculture, the subject lands are predominantly Class 5 soils with a small portion of soil in the Class 3 designation. There are no specialty crop soils associated with the subject lands. The Big Otter Creek and an associated ravine system are situated across Highway No. 19 (Plank Road)to the north of the subject lands. The former Village of Vienna(pop. 443) is situated north of the Big Otter Creek, approximately 600 metres distant from the proposed plant site. An abandoned corridor formerly used by the Canadian Pacific Railway links the middle portion of the subject lands with the former Village of Port Burwell. This corridor is intended to accommodate the delivery and return pipelines for gas transmissions from the off shore source to the processing plant, and ultimately into a utility transmission grid for distribution to end users. Section 4.2.4 of the Official PIan prescribes policies for the establishment of'Farm Related Industrial and Commercial Uses' in areas designated `Agriculture' in the municipality. The proposed development complies with the spirit and intent of these policies as the proposed development will not create a conflict with agricultural uses and is functionally well suited to the proposed site location. Further, the gas processing operation has a long term but temporal characteristic which may eventually result in reversion of Iand use to an agricultural-related activity. Coupled with the relatively small portion of the subject Iands associated with the proposed industrial use, a decision has been reached to designate the subject lands in a"Special Agricultural"category,rather than a more permanent, expansive industrial designation. This decision has been established after consultation between the proponents, the municipality, local residents, and the Ministry of Municipal Affairs and Housing and Ministry of Agriculture, Food and Rural Affairs. Subsection 4.2.4.2 of the Official Plan outlines several principles to be considered in the development and zoning of farm related industrial and commercial uses. They are as follows: a) The Township Zoning By-law shall provide separate sets of zone regulations for farm related industrial and commercial uses; b) Uses which create adverse off-site environmental effects such as air pollution, noise, odour, or generate excessive solid or liquid wastes either in volume or toxicity will not be permitted; c) The proposed water supply system and method of sewage treatment and disposal, solid waste disposal and any emissions to the environment shall meet the requirements of, and where necessary, be approved by the Ministry of the Environment or its delegated authority; d) Adequate off-street parking will be provided to accommodate customers and employees; does not generate high volumes of vehicular traffic; e) Adequate off-street loading facilities shall be provided; has a low building to lot ratio; f) Adequate buffering shall be provided between the farm related industrial or commercial area and adjacent uses to prevent adverse effects or impacts. Attention shall be paid to adequate buffering and landscaping of parking lots. The proposed development will comply with section a) by means of a site-specific zoning by-law amendment which will recognize the unique industrial nature of this development. Sections b) and c) will be addressed through the provisions of site plan control and consultation with the Long Point Region Conservation Authority, the Ministry of Natural Resources and the Ministry of the Environment and Energy. Sections, d), e), and f) will be addressed through Section 4 - General Provisions, of the Zoning By-law, and by means of a site plan agreement. The existing mature woodlot located on the subject lands will also contribute to an effective buffer from neighbouring properties. After consideration of the relevant evaluation criteria in the Official Plan and substantial pre- consultation information, Council of the Corporation of the Municipality of Bayham deems it appropriate that the subject Iands be placed in the "Special Agricultural Area No. 1" designation in order to facilitate the development of a natural gas processing plant pursuant to site-specific rezoning and the establishment of a site plan agreement in accordance with Sections 34 and 41 of the Planning Act. DETAILS OF THE AMENDMENT i) Schedule 'A' Future Land Use of the Official Plan of the Township of Bayham, is hereby amended by changing from"Agriculture"to "Special Agricultural Area No. 1", those lands so identified on the attached Schedule 'A', which schedule shall constitute part of this Amendment. ii) The Official Plan of the Township of Bayham, as amended, is hereby further amended by adding a new policy subsection to Section 4.2.4 as follows: "4.2.4.3, Special Agricultural Area No. 1 The following policy subsections are intended to facilitate the establishment of a natural gas processing plant in addition to, but not exclusive of the policy considerations associated with "Agriculture" designation applying to the subject lands: 4.2.4.3.1 Notwithstanding Section 4.2.4 of the Official Plan, a natural gas processing plant may be established on Part Lot 15, Concession 2 in the Municipality of Bayham, as shown on the attached Schedule 'A', in accordance with Section 4.2.4.2 of the Official Plan and the associated policies of subsections 4.2.4.3.2 and 4.2.4.3.3. 4.2.4.3.2 The lands subject to this Amendment and designated "Special Agricultural Area No. 1" may be used, developed and zoned in accordance with the regulations of a site specific Rural Industrial Zone which recognizes the low coverage nature of a natural gas processing plant on the subject lands. 4.2.4.3.3 In addition to the above policies, the lands identified on the attached Schedule 'A' and located in Part Lot 15, Concession 2, in the Municipality of Bayham, and designated"Special Agricultural Area No. 1" are subject to the provisions of Site Plan Control as per Section 4.8 of the Official Plan for the Township of Bayham and in accordance with Section 41 of the Planning Act." P -.4rr11 ' 1110 SCHEDULE A lippilsio, AS AMENDED JUNE 1997 ' p OFFICIAL PLAN OF THE U, TOWNSHIP OF BAYHAM spill .� �� 0,107. e `4' w AMENDMENT No. 105 111111.4 ED ` .;.:.,.. oroil' FUTURE LAND USE ( agI ,r,,. frr4I . !. A r° 1 40i " " ... ..,.....4,4 ,.,„:„..,„ . ... - .......4„ 1 ip?Iii- ' Vi,i 4 lop, " `�° ` '`1; AGRICULTURE ..' 4:.4 gitill - ej!'A;;: �ti:.' '1,009,'I� '.... t� RURAL tIDlig : ����� SUB CLASSIFICATIONS ./. ' 1e, 'a 0 ESTATE RESIDENTIAL i' ' '6'1'1 0 0 : MOBILE NOME PARKS 0 SEASONAL TRAVEL TRAILER PARKS iii:i"'`:`;` X € S T R t CAMPGROUNDS ?,'a::. r99�� ,...,,,,..:.• 0 RECREATIONAL 5" ]a U PUBLIC INSTITUTIONAL :' ® """�� %/// 0 COMMERCIAL rl`' %jam / C) INDUSTRIAL. tt�� ordvl le NOTE AM v HYNOOL ON M9 SCHEOU E I m ,©, S S T R © COWES WE LOCATION o1 A'H,RN: :. T�,>a:� �, ::41 I 0 '4..,: eE ,®ro C„ . REFERETIZIE TO THE TONNEITN.1 r� dr hl��. '.. 1110Pq � :�� HAZARD LANDS : ,h B IN 111111'S.OIJ H e O JE. I.... . 1 -- ... ;;',..M:::... CONSERVATION LANDS . 0 0. • 6e[1a1►'4 0 MINERAL RESOURCE AREAS =a411 ''M HAMLETS Q (COMMUNITMPROVEMENT AREAS) O Nti-- JjMI i:rm le • 111 re �W "Il ri'-:.') t 4 . Q Port Burwell1:al - 1 ..>'P: 111111111111s. 1 0 2000 4aao Lands changed from Nil , Metres "Agriculture" to"Special 9 5000 10900 15900 Agricultural Area No. 1" " -I Feet SCALE 1:75 000 MUNICIPALITY OF BAYHAM SCHEDULE "B" AMENDMENT No. 105 - e ` •r : aV i — . __97 Grp i �—.'—� • VIENNA D= r_'. . ,r • i .,,�. .�- �� 0 \ r' _ 97' // X963 -;-,---7Z-=--- ! •/ --' 7,-24: .90 5 •V G 2L 179'7. __ _ _, __ ''Co6. _ _. - LOT 13 , LOT 14 : --__ _ _ F / I�- - .935 I _ 176Qi'- • _ - — ��- 42- cc: o, LOT 16 a: 1 •6'• , _v CONCESSION 2 9 / ' • PQ Z; 4 r 1 /• V J `�/- • 46 '\ + - .197.6 <1, . I `.���.:/ O• �i 196 5 h `-�_ 1 .095.6 , . LOT 15 `/,' \ + o ,_ 1 1 ' ; ..96.5 __ _ -- T r . I - :1 / Base Map Source: Ontario Ministry of Natural Resources 1111 SUBJECT LANDS • RESIDENTIAL UNIT 11 FARM BUILDING CD) WOODLOT r GARAGES/SHEDS/KILNS Scale: 1:10,000 0 250m 500m NOTE: This -1 is for clarification purposes only. MUNICIPALITY OF BAYHAM SCHEDULE "C" AMENDMENT No. 105 :..:j /f.... ' , i • ! 1 r .:,;:..:.•:"::.rjy'iy /1.f ' •' I• 1 I / 7�.-, -, a H r � �2 .� -1 f • • ..i >/ i` fir'j K ' i 76 Oi' i;yt, '-';.-c).-.c4 ' ,.1%`. rte. !'t- `":r CC .t .C,'� s,',r :I:.-eicJV :5r{.<� `—'s • y, . ,.� 1-a Vin.'=,..';i} fi "'f i . .` /, _I'''''-'r r"s Ste_ 0r� jt)�. tom. r ) �� _ • ' ./ SOD - ...• . r 91 _0;!0 0'."., fit)` nr;})ti..;:':, '.� • %%1116 0.,, covit 5 i ,2„. ,vi!.:::-...:,,,-. .:.•,-...c,:,-;:'; i ) • LOT 14 _Fir„_ . v ;' nao CONCESSION 2 `ri{ {' --- , 1 1 LOT 15 E. r1 i 2 Base Map Source: Ontario Ministry of Natural Resources 1 1 SUBJECT LANDS Scale: 1:5000 0125m 250m NOTE: This map is for clarification purposes only.