Table of Contents

Agenda 2Town of Tecumseh, Notice of Public Council Meeting, June 30,2014

Notice of Public Council Meeting_Bonduelle ProposedZBA_On Site Migrant Worker Housing_14Jun30 4

Manager, Planning Services/Senior Planner, June 23, 2014,Report No. 29/14

PB Report No 29-14_Bonduelle_ZBA_ProposedMigrant Worker Housing_14Jun23 5

Draft Zoning BylawDraft Zoning By-law Amendment_Bonduelle On SiteMigrant Worker Housing_14Jul22 14

Legal Assistance of Windsor, July 11, 2014Legal Assistance of Windsor_Proposed ZBA_BonduelleOntario Inc_14Jul11 16

VIA Rail Canada, Letter dated July 8, 2014VIA Ltr_Bonduelle ZBA On Site Migrant WorkerHousing_08July2014 17

Margo Krzyzewski, Letter of Opposition to Proposed ZoningBylaw Amendment

M Krzyzewski_Letter of Opposition_ProposedZBA_Bonduelle Migrant Worker Housing_14Jul04 19

Therese McCloskey and Bob White, July 13, 2014Therese McCloskey & Bob White_Proposed ZBABonduelle On Site Migrant Worker Housing_14Jul13 (2) 20

James and Johanna Dafoe, July 15, 2014James & Johanna Dafoe_Opposition to ProposedZBA_Bonduelle On Site Migrant WorkerHousing_14Jul15 21

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TOWN OF TECUMSEH

WWW.TECUMSEH.CA

Town of Tecumseh Public Council Meeting Tuesday, July 22, 2014

6:00 PM Tecumseh Town Hall

MEETING:

I. CALL TO ORDER

II. ROLL CALL

III. DISCLOSURE OF PECUNIARY INTEREST

IV. INTRODUCTION AND PURPOSE OF MEETING The purpose of the meeting is to consider a proposed Zoning By-law amendment pursuant to the provisions of the Planning Act, R.S.O. 1990. The purpose of the proposed Zoning By-law amendment is to change the permitted uses pertaining to the south-western portion of a 15.1 hectare (37.4 acre) industrial property situated at the northeast corner of the Tecumseh Road/Lacasse Boulevard intersection (1192 Lacasse Boulevard) and zoned "General Industrial Zone (M2-1)". The subject property is currently occupied by the Bonduelle food processing plant. Bonduelle Ontario Inc. (the owner) is proposing internal renovations to a vacant/unused portion of the existing food processing plant in order to establish housing for approximately 45 seasonal migrant workers who would work at the plant. In addition to the range of industrial uses, the M2-1 zone currently permits accessory residential uses, including a single-family detached dwelling or a dwelling unit in a portion of the non-residential building for one owner, caretaker, watchman or one person and his family employed in the industrial operations.

V. DELEGATIONS A. Jerry Udell and David Halliwill, McTague Law Firm

John Landschoot, Plant Engineering Manager and Rob Anderson, VP Operations Ontario & USA, from Bonduelle Ontario Inc. Re: Proposed Zoning Bylaw Amendment, On Site Migrant Worker Housing

B. Marion Overholt, Legal Assistance of Windsor Re: Proposed Zoning Bylaw Amendment, On Site Migrant Worker Housing

C. Ray Robinet - Re: Proposed Zoning Bylaw Amendment, Bonduelle On Site Migrant Worker Housing

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VI. COMMUNICATIONS

A. Town of Tecumseh, Notice of Public Council Meeting, June 30, 2014 - Re: Proposed Zoning Bylaw Amendment, Bonduelle Ontario Inc., On-site Migrant Worker Housing

B. Manager, Planning Services/Senior Planner, June 23, 2014, Report No. 29/14 - Re: Bonduelle Ontario Inc. - 1193 Lacasse Boulevard, Proposed Migrant Worker Housing, Zoning Bylaw Amendment

C. Draft Zoning Bylaw - Re: Bonduelle, On Site Migrant Worker Housing

D. Legal Assistance of Windsor, July 11, 2014 Re: Proposed Zoning Bylaw Amendment, Bonduelle Ontario Inc.

E. VIA Rail Canada, Letter dated July 8, 2014 Re: Proposed Zoning By-law Amendment Request by Bonduelle Ontario Inc., for 1192 Lacasse Blvd.

F. Margo Krzyzewski, Letter of Opposition to Proposed Zoning Bylaw Amendment Re: Bonduelle, On Site Migrant Worker Housing

G. Therese McCloskey and Bob White, July 13, 2014 Re: Opposition to Proposed Zoning Bylaw Amendment, Bonduelle On Site Migrant Worker Housing

H. James and Johanna Dafoe, July 15, 2014 Re: Proposed Zoning Bylaw Amendment, Bonduelle On Site Migrant Worker Housing

VII. ADJOURNMENT

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TOWN OF TECUMSEH

NOTICE OF PUBLIC MEETING PROPOSED ZONING BY-LAW AMENDMENT

TAKE NOTICE that the Council of the Corporation of the Town of Tecumseh will hold a public meeting Tuesday, July 22

nd, 2014 at 6:00 p.m. in the Town Municipal Office Council Chambers at 917 Lesperance Road to

consider a proposed Zoning By-law amendment pursuant to the provisions of the Planning Act, R.S.O. 1990. The purpose of the proposed Zoning By-law amendment is to change the permitted uses pertaining to the south-western portion of a 15.1 hectare (37.4 acre) industrial property situated at the northeast corner of the Tecumseh Road/Lacasse Boulevard intersection (1192 Lacasse Boulevard) (see Key Map for location), and zoned “General Industrial Zone (M2-1)”. The subject property is currently occupied by the Bonduelle food processing plant. Bounduelle Ontario Inc. (the owner) is proposing internal renovations to a vacant/unused portion of the existing food processing plant in order to establish housing for approximately 45 seasonal migrant workers who would work at the plant. In addition to the range of industrial uses, the M2-1 zone currently permits accessory residential uses, including a single-family detached dwelling or a dwelling unit in a portion of the non-residential building for one owner, caretaker, watchman or one person and his family employed in the industrial operations. Providing housing as proposed for 45 seasonal workers is not currently permitted. Accordingly, the owner has filed an application proposing to amend the current “General Industrial Zone (M2-1)” that applies to the south-western portion of the property (where the existing plant is located), in order to add seasonal on-site migrant worker housing for not greater than 45 persons as a permitted use.

The area subject to the proposed Zoning By-law amendment is designated “General Industrial” in the Tecumseh Official Plan. This designation permits a variety of light industrial uses along with accessory residential uses.

ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed Zoning By-law amendment.

If a person or public body does not make oral submissions at the public meeting or make written submissions to the Corporation of the Town of Tecumseh before the Zoning By-law amendment is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Town of Tecumseh to the Ontario Municipal Board.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Corporation of the Town of Tecumseh before the Zoning By-law amendment is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. ADDITIONAL INFORMATION relating to this matter is available for review during regular office hours at the Town Municipal Office on Lesperance Road.

DATED AT THE TOWN OF TECUMSEH THIS 30

TH DAY

OF JUNE, 2014. LAURA MOY, CLERK TOWN OF TECUMSEH 917 LESPERANCE ROAD TECUMSEH, ONTARIO N8N 1W9

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THE CORPORATION OF THE TOWN OF TECUMSEH

Planning and Building Services

Report No. 29/14

TO: Mayor and Members of Council

FROM: Chad Jeffery, MA,MCIP, RPP Manager, Planning Services / Senior Planner

DATE: June 23, 2014

SUBJECT: Bonduelle Ontario Inc. – 1193 Lacasse Boulevard Proposed Migrant Worker Housing Zoning By-law Amendment OUR FILE: D19 BOND

RECOMMENDATIONS It is recommended that:

1. The scheduling of a public meeting, to be held on Tuesday, July 22, 2014, at 6:00p.m., in accordance with the Planning Act, for the application submitted by Bonduelle Ontario Inc. to amend the Tecumseh Zoning By-law 1746 for a 15.1 hectare (37.4 acre) parcel of land situated at the northeast corner of the Tecumseh Road/Lacasse Boulevard intersection (1192 Lacasse Boulevard), from “General Industrial Zone (M2-1)” to a revised “General Industrial Zone (M2-1)”, in order to permit the establishment of on-site migrant worker housing within the existing food processing plant, be authorized;

BACKGROUND Proposal An application has been filed with the Town to amend the Tecumseh Zoning By-law 1746 for a 15.1 hectare (37.4 acre) parcel of land situated at the northeast corner of the Tecumseh Road/Lacasse Boulevard intersection (1192 Lacasse Boulevard) (see Attachment 1). Bonduelle Ontario Inc. (“the applicant”) is proposing internal renovations to a vacant/unused portion of the existing Bonduelle food processing plant (see Attachment 1) in order to establish housing for approximately 45 seasonal migrant workers required for the processing operations of the plant. The applicant is also working with the Jamaican Consulate and the Windsor-Essex Health Unit in obtaining clearances for this proposal. The applicant has advised that difficulty in retaining local workers has required the need to supplement employment with migrant workers that would live on-site for a temporary period of time (Summer and Fall). Specifically, the renovations necessary to accommodate the proposed housing include:

i. Communal kitchen/dining area, washroom/shower facilities, laundry area, living room area and one communal sleeping room on the first floor; and

ii. Four communal sleeping rooms on the second floor.

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Planning and Building Services Report 29/14 Page 2 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

The applicant is requesting that the “General Industrial Zone (M2-1)” that applies to the area in which the existing plant is located, be revised in order to add on-site migrant worker housing for not greater than 45 persons as a permitted use, in addition to the uses currently permitted in the M2-1 Zone. Regulatory Framework of the Proposed Use Cursory research on regulations pertaining to migrant workers reveals that migrant workers primarily come to Canada under the Seasonal Agricultural Workers Program (SAWP) and are protected by most of the same legislation protecting local farm workers, such as Workplace Safety and Insurance Act and the Occupational Health and Safety Act. Workers' home government representatives in Canada, such as consular officials or liaison officers are mandated to mediate any issues that may arise between workers and employers in the SAWP. As noted, the Jamaican Consulate and the Windsor-Essex Health Unit are currently reviewing the Bonduelle proposal in order to provide the applicant with the necessary clearances. In addition, employers must provide workers with proper housing inspected by the appropriate municipal authorities. The majority of migrant workers throughout Ontario live on-site (ie. farms or greenhouse operations) and primarily rely on employers for transportation to meet their daily needs, although some bike and/or walk. Based on data compiled by Human Resources and Skills Development Canada, a division of Employment and Social Development Canada, Essex County (along with Haldimand-Norfork) was home to the highest number of temporary migrant agricultural workers in Ontario (refer to figure below). Over 4,000 migrant workers currently work in Essex County. These are largely

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Planning and Building Services Report 29/14 Page 3 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

found in relation to greenhouses, large agricultural farm buildings and food processing establishments.

COMMENTS Provincial Policy Statement The Planning Act requires that municipal councils, when making decisions on planning matters, “shall be consistent with” with the 2014 Provincial Policy Statement (“PPS”). Section 1.3 of the PPS outlines the goals that municipalities shall follow when dealing with employment areas. Section 1.3 states:

“ 1.3 EMPLOYMENT

1.3.1 Planning authorities shall promote economic development and competitiveness by:

a) providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs;

b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. 1.3.2 EMPLOYMENT AREAS 1.3.2.1 Planning authorities shall plan for, protect and preserve employment areas for

current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs.

The PPS contemplates the protection of existing employment areas and the support of current needs identified by such employment areas. The subject property is one of the main employers of the Town and the proposed migrant housing will assist the owner in maintaining required employment levels at the plant during seasonal peak operating times. Official Plan The south-western portion of the subject property, where the proposed additional use is being contemplated, is designated “General Industrial” on Schedule “A” of the Tecumseh Official Plan (see Attachment 2). The balance of the subject property is designated “Restricted Industrial”. The two designations are similar in nature in that they permit a variety of light industrial uses. The difference between the two is that the “General Industrial” designation also allows additional uses such as warehousing, trucking, repair garages and outdoor storage. In addition to the light industrial uses permitted by the “General Industrial” policies (which apply to the area where the proposed residential use is being contemplated), the policies also permit

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Planning and Building Services Report 29/14 Page 4 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

accessory residential uses. Based on the aforementioned policies, the Official Plan recognizes that accessory residential uses associated with industrial operations are generally acceptable. However, the scale of accessory residential uses being proposed is not clearly contemplated. The proposed application intends to introduce accessory residential uses on the property, as generally contemplated by the Official Plan, however, but at a scale which is currently not permitted by the Zoning By-law. Zoning Similar to the dual designation of the property, the south-western portion of the subject property site, where the proposed residential use is being contemplated, is zoned “General Industrial Zone (M2-1”) on Map 14 of the Sandwich South Zoning By-law 85-18 (see Attachment 3). The balance of the land holdings are zoned “Restricted Industrial Zone (M1-1)”. In addition to the range of industrial uses, the M2-1 zone permits accessory buildings and structures for the permitted uses, including a single-family detached dwelling or a dwelling unit in a portion of the non-residential building for one owner, caretakers, watchman or one person and his family employed in the industrial operations. The proposed use is well beyond the scope of what the current zoning provisions contemplate, thereby necessitating a site specific Zoning By-law Amendment. The applicant is therefore proposing to revise the current M2-1 zone in order to permit the on-site migrant worker housing as an additional permitted use. Building Department and Fire Services Tecumseh Building Services and Fire & Emergency Services indicate that the Ontario Building Code (OBC) contemplates the proposed use within the building classification that applies to the subject property’s existing structures. All OBC requirements (enforced through the building permit process) such as outside exits, emergency alarms and lighting and design standards will need to be satisfied in order to establish the proposed use. In addition, the owner will be required to provide an updated Fire Safety Plan for the property. General Issues The concept of worker housing (i.e. more than a caretaker or security employee) as part of an industrial operation is uncommon. However, more recently, it has surfaced as a necessary means of housing seasonal workers in the farming community, most notably in relation to the greenhouse/packaging/warehousing facilities in the southern parts of Essex County. These uses, though still viewed as agricultural, contain many aspects, by virtue of their intensity and forms of mechanization that are comparable to many industrial uses. The food processing industry has demonstrated that the seasonal nature of its peak production necessitates the use of seasonal migrant workers. It has become preferable to provide worker housing on the same lands of the production facility. Matters to which Council should have regard include:

i. The provision of adequate outside amenity space for the proposed residents;

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Planning and Building Services Report 29/14 Page 5 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

ii. Assurances that the standard of living is reasonable;

iii. The integration of the seasonal workers into the community vis-à-vis appropriate access to services and shopping districts. It is noted that the proposed housing location is on the Tecumseh Transit route and that a range of commercial services are located a short walking distance to the east and west; and

iv. Provision of details with respect to how the housing units will be accessed from the adjacent street system and separated from the processing plant operations (trucking, machinery, equipment, etc.).

Conclusion In summary, the use being proposed for the subject property is generally contemplated by the Official Plan and the OBC. In addition, no servicing concerns have been identified. Based on the foregoing, it is the opinion of the writer, along with Town Administration, that the proposal warrants further consideration. A public meeting to consider the proposed Zoning By-law Amendment in accordance with the requirements of the Planning Act will provide an opportunity to hear concerns and comments, if any, of neighbouring owners and other interested stakeholders. It is important that the concerns and comments of these stakeholders be taken into consideration as part of the full evaluation of the applications.

CONSULTATIONS The application was reviewed at recent Planning Staff Review meeting(s) by: Planning and Building Services Public Works and Environmental Services Tecumseh Detachment of the Ontario Provincial Police Fire and Emergency Services

FINANCIAL IMPLICATIONS There are no financial implications.

LINK TO STRATEGIC PRIORITIES Strategically preparing lands for diverse development opportunities and supporting increased growth in economic development have been identified as key strategic priorities for 2013-2014.

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Planning and Building Services Report 29/14 Page 6 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

This report has been reviewed by senior Administration as indicated below and recommended for submission by the CAO. Prepared by: ________________________________ Enrico De Cecco, BA (Hons.), MCIP, RPP Junior Planner

Reviewed by: ________________________________ Chad Jeffery, MA, MCIP, RPP Manager, Planning Services/Senior Planner

Reviewed by: ________________________________ Brian Hillman, MA, MCIP, RPP Director, Planning and Building Services

Recommended by: ________________________________ Tony Haddad, MSA, CMO, CPFA Chief Administrative Officer

ED Attachment(s): 1. Property Location and Proposed Housing Location Map; 2. Official Plan Map 3. Zoning Map File Name (R:\ZBA & OPA APPLICATIONS\D19 BOND\Planning Report 29-14, Bonduelle Ontario Inc. ZBA, Authorization to Schedule Public Meeting.docx)

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Planning and Building Services Report 29/14 Page 7 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

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Planning and Building Services Report 29/14 Page 8 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

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Planning and Building Services Report 29/14 Page 9 of 9 Bonduelle Ontario Inc. – 1193 Lacasse Boulevard

Proposed Migrant Worker Housing

Zoning By-law Amendment

OUR FILE: D19 BOND

June 23, 2014

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- DRAFT -

THE CORPORATION OF THE TOWN OF TECUMSEH

BY-LAW NUMBER 2014-XX

Being a by-law to amend By-law 1746, the Town’s Comprehensive Zoning By-law

for those lands in the former Town of Tecumseh. (D19 BOND – Bonduelle Ontario Inc., 1192 Lacasse Boulevard)

WHEREAS By-law No. 1746 is the Town’s comprehensive zoning by-law regulating the use of lands and the character, location and use of buildings and structures within the Town of Tecumseh, for lands situated within the former Town of Tecumseh; AND WHEREAS the Council of the Corporation of the Town of Tecumseh deems it necessary and in the best interest of proper planning to further amend By-law No. 1746; AND WHEREAS this By-law conforms to the Official Plan in effect for the Town of Tecumseh for lands in the former Town of Tecumseh;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TECUMSEH ENACTS AS FOLLOWS: 1. That By-law 1746, Section 14, General Industrial Zone (M2) Regulations, as

amended, is hereby further amended by the deletion of subsection 14.3.1 in

its entirety and its replacement by a new subsection 14.3.1, to read as

follows:

“14.3.1 Defined Area M2-1 as shown on Schedule “A”, Map 14 of this

By-Law.

a) Other Permitted Uses i) A waste disposal area as defined in addition to all

other uses permitted in the General Industrial Zone (M2);

ii) An accessory dwelling unit in a portion of the

existing non-residential building, providing housing accommodation for not greater than 45 seasonal migrant workers employed on-site.

b) Permitted Building and Structures

i) Buildings and structures for the uses permitted in

subsection 14.3.1 a); ii) Accessory buildings and structures for the uses

permitted in subsection 14.3.1 a).” 2. This By-law shall take effect from the date of passage by Council and shall

come into force in accordance with Section 34 of the Planning Act, R.S.O.

1990.

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- DRAFT -

READ a first, second, third time and finally passed this XXnd day of XX, 2014.

_______________________________

Gary McNamara, Mayor

_______________________________

Laura Moy, Clerk

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