Notice of Decision - August 14, 2024

NOTICE OF THE PASSING

OF ZONING BY-LAW AMENDMENT & GRANTING OF DRAFT APPROVAL OF PLAN OF SUBDVISION

CANBORO ESTATES

82-90 CANBORO ROAD

(File Nos. AM-02-2024 & 26T19-01-2024)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 52-2024 on August 14, 2024, being a by-law which amends Zoning By-law No. 4481 (2022), as amended, under Section 34 of the Planning Act, R.S.O. 1990, as amended.

TAKE NOTICE that Council of the Corporation of the Town of Pelham granted Draft Plan of Subdivision Approval subject to conditions on Wednesday July 10, 2024, under Section 51 of the Planning Act, R.S.O. 1990, as amended, with consideration given to all written submissions relating to the by-laws that were made to Council before its decision and all oral submissions relating to the by-laws and revision to draft plan of subdivision that were made at the public meeting.

AND FURTHER TAKE NOTICE that the applicant, a person or public body who before the by-law was passed made oral submissions at the public meeting or written submissions to Council, or the Minister may appeal to the Ontario Land Tribunal (OLT) in respect of the by-law by filing an appeal with the Clerk of the Corporation of the Town of Pelham not later than Thursday, September 5, 2024 at 4:30 p.m. A completed "Appellant Form (A1) Planning Act" which must include the reasons for the appeal together with a certified cheque for $1,100.00 payable to the Minister of Finance. 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. Please use the OLT Request for Fee Reduction Form.

The Appellant Form (A1) is on the Service Ontario website. Only the applicant, a person or public body who before the by-law was passed made oral submissions at the public meeting or written submissions to Council, or the Minister may appeal the Zoning By-law amendment to the OLT and only the applicant may appeal a condition and the decision to grant Draft Plan of Subdivision approval to the OLT.. 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 is passed the person or public body made oral submissions at the public meeting or written submissions to Council, or in the opinion of the OLT, there are reasonable grounds to add the person or public body as a party. An Appellant Form (A1) may not be filed by an unincorporated association or group. However, an Appellant Form (A1) may be filed in the name of an individual who is a member of the association or the group.

Planning staff’s recommendation report was presented to the Council on July 10, 2024. The report can be found online at https://events.pelham.ca/meetings.

The explanation of the purpose and effect of the by-law and revision to draft plan approval is attached. The complete by-law is available for public review by request via email or at the Town of Pelham Municipal Office, Community Planning & Development Department, located at 20 Pelham Town Square, Fonthill, by appointment only, between the hours of 8:30 am and 4:30 pm.

DATED at the Town of Pelham, this 16th day of August 2024.

HOLLY WILLFORD – CLERK

THE CORPORATION OF THE TOWN OF PELHAM

P. O. BOX 400, 20 PELHAM TOWN SQUARE

FONTHILL, ON L0S 1E0

EXPLANATION OF THE PURPOSE AND EFFECT OF
ZONING BY-LAW AMENDMENT & DRAFT APPROVAL OF SUBDIVISION

ZONING BY-LAW AMENDMENT - BY-LAW 52-2024 rezones the property from the RM2 (Residential Multiple Two) zone to the R2-165 (Residential Two-165) and RM1-166 (Residential Multiple 1-166) zones to allow the residential uses proposed in the draft plan of subdivision and recognize the existing triplex dwelling located at 90 Canboro Road.

DRAFT PLAN OF SUBDIVISION APPROVAL

This decision conditionally approves the draft plan subdivision subject to the attached conditions being satisfied within three (3) years of the approval date. If the conditions are not cleared within the three (3) year period and no extensions are granted, approval will lapse under Section 51 (32) of the Planning Act. The revised Draft Plan of Subdivision would create development parcels generally consisting of 6 lots for single detached dwellings.