Table of Contents

Agenda 2
Town of Tecumseh, Notice of Public Council Meeting, June 30,
2014
Notice of Public Council Meeting_Bonduelle Proposed
ZBA_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_Proposed
Migrant Worker Housing_14Jun23 5
Draft Zoning Bylaw
Draft Zoning By-law Amendment_Bonduelle On Site
Migrant Worker Housing_14Jul22 14
Legal Assistance of Windsor, July 11, 2014
Legal Assistance of Windsor_Proposed ZBA_Bonduelle
Ontario Inc_14Jul11 16
VIA Rail Canada, Letter dated July 8, 2014
VIA Ltr_Bonduelle ZBA On Site Migrant Worker
Housing_08July2014 17
Margo Krzyzewski, Letter of Opposition to Proposed Zoning
Bylaw Amendment
M Krzyzewski_Letter of Opposition_Proposed
ZBA_Bonduelle Migrant Worker Housing_14Jul04 19
Therese McCloskey and Bob White, July 13, 2014
Therese McCloskey & Bob White_Proposed ZBA
Bonduelle On Site Migrant Worker Housing_14Jul13 (2) 20
James and Johanna Dafoe, July 15, 2014
James & Johanna Dafoe_Opposition to Proposed
ZBA_Bonduelle On Site Migrant Worker
Housing_14Jul15 21
1

TOWN OF TECUMSEH
WWW.TECUMSEH.CA
Town of Tecumseh
Public Council Meeting
Tuesday, J uly 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. J erry Udell and David Halliwill, McTague Law Firm
J ohn 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
2

VI. COMMUNICATIONS
A. Town of Tecumseh, Notice of Public Council Meeting, J une 30,
2014 - Re: Proposed Zoning Bylaw Amendment, Bonduelle
Ontario Inc., On-site Migrant Worker Housing
B. Manager, Planning Services/Senior Planner, J une 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, J uly 11, 2014
Re: Proposed Zoning Bylaw Amendment, Bonduelle Ontario
Inc.
E. VIA Rail Canada, Letter dated J uly 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, J uly 13, 2014
Re: Opposition to Proposed Zoning Bylaw Amendment,
Bonduelle On Site Migrant Worker Housing
H. J ames and J ohanna Dafoe, J uly 15, 2014
Re: Proposed Zoning Bylaw Amendment, Bonduelle On Site
Migrant Worker Housing

VII. ADJOURNMENT




3
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
4
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
6
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
7
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 propertys 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;

8
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--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.






9
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)






10
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


11
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


12
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


13
- DRAFT -
THE CORPORATION OF THE TOWN OF TECUMSEH
BY-LAW NUMBER 2014-XX
Being a by-law to amend By-law 1746,
the Towns 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 Towns 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.



14
- DRAFT -

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



_______________________________
Gary McNamara, Mayor




_______________________________
Laura Moy, Clerk
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