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By-law No. 2002-102 iL/il/LUuz IU:ali NAI 519 472 9354 Cumming Cockburn Ltd 3 BAYHAM Cj002 AMENDMENT NUMBER 1 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: VALCKE INDUSTRIAL PART LOT 131,CONCESSION 7,N.S.T.R. The following text and map schedule constitute Amendment Number 1 to the Official Plan of the Municipality of Bayham P:i200I1074VrrJdmoh doc l., tvuL iu.oO VAA ala 472 9354 Cumming Cockburn Ltd d BAYHAM lj003 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYEAM THE attached text and map schedule constituting Amendment No.1 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.2002-iat in accordance with Section 17 of the PLANNING ACT,on the 19th day of December 2002. �l f� A daez,,V MAY• • - CLItI k':120011021Vakke.OPAdoe rnn ala 4/Z x354 Cumming Cockburn Ltd 4 BAYHAM Ij004 BY-LAW NO.2002-/03 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. 1 to the Official Plan of the Municipality 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. 1 to the Official Plan ofthe Municipality 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 19th day of December 2002. 9)1 a. 4 41-4L -c- !/ L� MAY CLERK CERTIFIED that the above is a true copy of By-law No.20O2-' s enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK P:12001102Wak&a.OPkdoo izrifizun 10:58 FAX 519 472 9354 Cumming Cockburn Ltd -' BAYHAM fj005 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 1 1. PURPOSE The purpose of this amendment is to change the land use designation on lands in the Municipality of Bayham from"Agriculture"to"Industrial"in the Official Plan of the Municipality of Bayham. The amendment is intended to accommodate an existing salvage yard and recycling depot. 2. LOCATION The area affected by this amendment comprises approximately 2.3 hectares(5.6 acres). The subject lands are situated on the north side of Heritage Line, east of Toll Gate Road, in Part Lot 131, Concession 7,N.S.T.R.,in the Municipality of Bayham. 3. BASIS OF'!'Iii AMENDMENT The subject lands are situated along a portion of Heritage Line east of the village of Straffordville, which consists of a mixture of smaller rural residential uses and tobacco farm operations. The purpose of the industrial use,is for the temporary storage,salvage,recycling and transfer off site,of scrap metal, including vehicles. This is an existing use,which has been in operation for several years. The subject lands were taken out of agricultural production in 1990,as a result of a zoning by-law amendment and severance,where a larger agricultural parcel was consolidated with abutting agricultural lands and the subject site was retained for residential purposes. Section 2.1.3 of the Provincial Policy Statement and Section 4.2.1.3 of the Official Plan states that lands may be excluded from prime agricultural areas for non-residential uses,provided that there is a demonstrated need for the land to be redesignated, and there is no other reasonable alternative locations that avoid prime agricultural areas,or could be located on lower priority lands within the prime agricultural area. The existing salvage and recycling business has operated successfully at this location for several years supporting the"need"for the proposed use.In addition,the subject lands are located on a combination of C.L.I. Class 4& 6 soils and are not Iocated on soils identified as suitable for"specialty crops". The subject lands are in fact located on the lowest priority agricultural lands within the rural area of the Municipality. Most other locations in the Municipality are likely to have C.L.I.Class 3 or higher priority agriculture lands. Section 4.2.2.1 of the Official Plan for the Municipality of Bayham states that proposals for industrial uses in the Agriculture designation will be subject to site-specific amendments to the Official Plan, based on criteria outlined in Section 4.2.2.1.4 and 4.2.2.7 of the Plan. The subject lands and existing residential use complies with the applicable criteria under Section 4.2.2.1.4,as described below. In order to demonstrate conformity with criteria(e)regarding ground water and criteria (j) regarding the impact on the surrounding natural environment, the proponent will implement the waste management practices set out in the Ontario Ministry of the Environment in publication"C-11-1 Procedures for the Handling and Disposal of Selected Wastes from Retail Motor Vehicle Servicing Facilities". These procedures will,be part of the site plan agreement between the owner and Municipality. With respect to the subsections of Section 4.2.2.1.4,the subject lands and proposed uses: a) Comply with the Minimum Distance Separation Formula I; b) Have frontage on an opened public road,Heritage Line; c) Are not in proximity to other land uses which may create Iand use conflicts; d) Are not be proximity to any hazardous lands; e) Have a lot size and ground water condition that is suitable for a private potable water and private sanitary sewage system; f) The size of the parcel conforms to the provisions of the Zoning By-law; g) The existing road access does not pose a traffic hazard due to road curves, road grades or existing development which may reduce visibility; h) The uses will not affect any natural resource areas as identified by the Official Plan; i) There is sufficient justification for the need for the use and the location as described in paragraph two(2)above; and j) The potential impact will be regulated through the zoning by-law and site plan agreement, so that it does not detract from the surrounding natural/rural environment. P;520011921Va]cke,OP A.don ±u.. kris a.Ea 4 rz a364 Cumming Cockburn Ltd -4 BAYI1AM a 006 Proposals for rural industrial uses must also comply with criteria outlined in Section 4.2.2.7.1 of the Plan. Rezoning of the subject lands to an appropriate zone will be subject to approval of this Official Plan amendment and entering into a site plan agreement with the Municipality of Bayham; any potential noise or liquid waste pollution will be addressed in the site plan agreement and through the implementation of the procedures set out in the Ministry of the Environment document"C-11-1" as mentioned above;the salvage/recycling operation will not require connection to the municipal sewage disposal system and is considered a"dry"industrial use; the Elgin-St.Thomas Health Unit will ensure that the existing private water and sewage disposal services are adequate; there is adequate room for required parking and the nature of the industrial use would not create any parking concerns which could impact vehicular or pedestrian safety along Heritage Line; and buffering of the industrial use for the adjacent residential land uses will be addressed in the site plan agreement. The lands subject to this amendment would accommodate an existing industrial use with an accessory residential dwelling pursuant to the approval of a site plan agreement and implementing Zoning By-law Amendment. 4. 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"Industrial"those lands marked"Industrial"on the attached Schedule"A",which shall constitute part of this amendment. ii) The lands subject to this Amendment and designated"Industrial"may be used,developed and zoned in accordance with the Industrial designation policies of Section 4.2.2.7 of the Official Plan,as amended. P.\20011024V dcke,OPAdoc