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Notice of Adoption and Notice of Passing – OPA03-23 & ZBA03-23 – 245 & 249 John Street South

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TAKE NOTICE that the Council of the Corporation of the Town of Aylmer on the 9th day of August 2023 passed By-law Nos. 51-23 and 52-23, adopting Amendment No. 24 to the Town of Aylmer Official Plan, pursuant to Section 17 of the Planning Act, R.S.O. 1990, as amended and passing a Zoning By-law Amendment to the Town of Aylmer Comprehensive Zoning By-law 57-99, pursuant to Section 34 of the Planning Act, R.S.O. 1990, as amended.

The subject lands are legally described as Part of Blocks 1, F and G East of John Street Plan 74 (being Part 1 on RP 11R-8949); at 245 and 249 John Street South, as shown on the key map on the back of this notice.

THE PURPOSE AND EFFECT of the Application for Official Plan Amendment is to redesignate the subject lands from Low Density Residential to Medium Density Residential to permit medium density residential uses, specifically a fourteen (14) unit townhouse development.

THE PURPOSE AND EFFECT of the Application for Zoning By-law Amendment is to rezone the subject lands from Residential Type 2 Special Provision Zone 6 (R2-6) to Residential Multiple Second Density Special Provision Zone 11 (RM2-11) to permit multiple dwellings and a minimum interior side yard width (south side) of 2.0 metres (6.56 feet) for a multiple dwelling containing two (2) dwelling units. The subject lands are currently vacant; previous uses of the lands were commercial, specifically a laundromat and convenience store.

The Written and Oral Submissions are summarized in the Planning Staff Report PLAN 23-23 and in the Statutory Public Meeting portion of the Council Meeting minutes of August 9, 2023; and were considered as part of the effect on the decision-making process.

SUBMISSION TO APPROVAL AUTHORITY

The proposed Official Plan Amendment will be submitted to the County of Elgin (the approval authority) for approval. Any person or public body will be entitled to receive notice of the proposed decision of the approval authority in respect of the proposed Official Plan Amendment if a written request to be notified of the proposed decision is made to the approval authority. The address of the approval authority is the County of Elgin, Administration Building, 450 Sunset Drive, St. Thomas, Ontario N5R 5V1.

AND TAKE FURTHER NOTICE that any person or public body may appeal to the Ontario Land Tribunal (Formerly Local Planning Appeal Tribunal) with respect to the Zoning By-law Amendment by filing with the Clerk of the Corporation of the Town of Aylmer,  no later than August 30th, 2023, a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee required by the Tribunal in the amount of $1100.00 which must be in the form of a certified cheque, money order or credit card made payable to the Ministry of Finance and in Canadian funds. An Appellant may request a reduction of the filing fee to $400, if the Appellant is a private citizen or eligible community group. The request for a reduction in the fee must be made at the time of filing the appeal. If you wish to appeal, a copy of an appeal form is available from the Ontario Land Tribunal  website at: https://olt.gov.on.ca/tribunals/lpat/about-lpat/.

Only individuals, corporations and public bodies may appeal a zoning by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the By- law was passed, the person or body made oral submissions at a public meeting or written submissions to the Council, or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.

This Notice and the By-laws are available for inspection between 8:00 a.m. and 5:00 p.m. weekdays at Aylmer Town Hall. Those interested in additional information regarding these applications, may contact: Heather James, Manager of Planning and Development Phone: 519-773-3164 x4915 or Email: Contact the Manager of Planning and Development

DATED at the Town of Aylmer, this 10th day of August 2023.

Heather James, MES (Pl.), RPP, MCIP

Manager, Planning and Development, Town of Aylmer

46 Talbot Street West

Aylmer ON    N5H 1J7

Ph:   519-773-3164

Fax:  519-765-1446

Key Map (Not to Scale)
Key Map (Not to Scale)
Official Plan Amendment & Zoning By-law Amendment Sketch
Official Plan Amendment & Zoning By-law Amendment Sketch
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