Notice of Adoption & Notice of Passing – OPA01-23 & ZBA02-23 – 230 John St N
TAKE NOTICE that the Council of the Corporation of the Town of Aylmer on the 19th day of April 2023, accepted a notice of motion submitted by Councilor Arthur Oslach for Council to reconsider the vote on the 3rd day of May 2023, on Resolution No.106-23 and Resolution No.107-23 refusing applications OPA01-23 and ZBA01-23.
TAKE FURTHER NOTICE that the Council of the Corporation of the Town of Aylmer on the 3rd day of May reconsidered the vote on Resolution No. 106-23 and Resolution No. 107-23 and passed By-law Nos. 2022-27 and 2022-28, adopting Amendment No. 22 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 decision on Resolution No. 106-23 and Resolution No. 107-23 is now final and in effect.
The subject lands are legally described as Lot 6 and Part of Lot 7 W/S John N/S Walnut Plan 164; at 230 John Street North, 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 add a special policy area to Section 4.3.2. Arterial Commercial – Special Policy Areas and redesignate the subject lands from Arterial Commercial to Special Policy Area Arterial Commercial-3 to permit a multi-unit residential use within an existing building as an alternate land use to the uses permitted in the Arterial Commercial designation.
THE PURPOSE AND EFFECT of the Application for Zoning By-law Amendment is to rezone the subject lands from Commercial (C2) to Support Commercial Special Provision 10 (C2-10) to permit a multi-unit residential use within an existing building to a maximum of eight (8) residential units. The existing building on the subject lands was formerly a retail store, that being Home Hardware. Eleven (11) off-street parking spaces include one (1) barrier-free parking space will be provided.
The Written and Oral Submissions are summarized in the Planning Staff Report PLAN 13-23 and in the Statutory Public Meeting portion of the Council Meeting minutes of April 5, 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 General Manager of Engineering, Planning & Enterprise/Deputy CAO, 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 By-law by filing with the Clerk of the Corporation of the Town of Aylmer, no later than May 24th, 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: [email protected].
DATED at the Town of Aylmer, this 4th day of May 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
