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Notice of Adoption & Notice of Passing – OPA01-22 & ZBA02-22 – 448 Talbot St E

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TAKE NOTICE that the Council of the Corporation of the Town of Aylmer passed By-law Nos. 2022-27 and 2022-28 on the 10th day of August 2022, adopting Amendment No. 21 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 Lot 86, Concession South of Talbot Road; at 448 Talbot Street East, as shown on the key map at the bottom of this notice.

THE PURPOSE AND EFFECT of the Application for Official Plan Amendment is to redesignate a portion of the subject lands, 722.6 m2 (7,778.0 ft.2) in area with a frontage of 30.8 m (101.1 ft.) along Elk Street from Arterial Commercial to Low Density Residential, to facilitate a residential lot severance and permit low density residential use.

THE PURPOSE AND EFFECT of the Application for Zoning By-law Amendment is to rezone a portion of the subject lands, 722.6 m2 (7,778.0 ft.2) in area from Highway Commercial (C3) to Residential Type 1B (R1B) to implement the proposed Official Plan Amendment and permit low density residential use. The associated severance file nos. E38/22 and E39/22 respectively have been placed on hold pending the outcome of the proposed Applications. The balance of the subject lands will remain designated Arterial Commercial and zoned Highway Commercial (C3).

The Written and Oral Submissions are summarized in the Planning Staff Report PLAN 10-22 and in the Statutory Public Meeting portion of the Council Meeting minutes of August 10, 2022; 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 September 6th, 2022, 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 (Formerly Local Planning Appeal 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 (Formerly Local Planning Appeal 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 (Formerly Local Planning Appeal 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 17th day of August 2022.

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

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