Notice of Passing - By-law 28-2024: East Fenwick Secondary Plan

NOTICE OF THE PASSING OF OFFICIAL PLAN AMENDMENT NO. 21

EAST FENWICK SECONDARY PLAN

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 28-2024 on May 1, 2024, being a by-law, which adopts amendment no. 21: East Fenwick Secondary Plan, to the Town of Pelham Official Plan under Section 22 of the Planning Act, R.S.O. 1990, as amended.

AND FURTHER TAKE NOTICE that, 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 no later than Thursday, May 22, 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 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 Council on April 17, 2024. The report can be found online at https://events.pelham.ca/meetings.

The explanation of the purpose and effect of the by-law can be found below. 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 2nd day of May, 2024 A.D.

William Tiggert - CLERK

THE CORPORATION OF THE TOWN OF PELHAM

P. O. BOX 400, 20 PELHAM TOWN SQUARE

FONTHILL, ON L0S 1E0

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EXPLANATION OF THE PURPOSE AND EFFECT OF OFFICIAL PLAN AMENDMENT (BY-LAW NO. 4418 (2022)

OFFICIAL PLAN AMENDMENT NO. 21 – BY-LAW 28-2024 introduces refinements and land use changes to the East Fenwick Secondary Plan area as detailed in Figure 1 below. The Secondary Plan is a statutory document that will guide future development in the East Fenwick Area with policies that reinforce Provincial and Regional policy directives of the Provincial Policy Statement, Places to Grow and the Region of Niagara’s Official Plan. The Secondary Plan provides a framework to permit new development which is compatible with the character of Fenwick.

Figure 1: East Fenwick Secondary Plan Area

The Secondary Plan consolidates and addresses land use related issues at a neighbourhood scale, providing policy guidance for the neighbourhood through periods of short-term and long-range growth and development. Further, the Secondary Plan reviews and addresses the following issues identified in Section B1.1.10.1 of the Town’s Official Plan:

a) Conformity with the Provincial Growth Plan and Regional Official Plan.

b) The preparation of a sub-watershed plan, prepared in accordance with the requirements of the NPCA and Region of Niagara;

c) Options for water, sanitary servicing and stormwater management;

d) Review of overall hydrological and hydrogeological characteristics;

e) The identification and protection of important natural heritage features;

f) The preparation of a land use plan that addresses mix, density and phasing of proposed land uses in addition to identifying new or expanded parks and natural areas;

g) The preparation of conceptual transportation schedule including integration with existing roads and an assessment of pedestrian connections to trails and parklands;

h) The preparation of a Stage 1 Archaeological Assessment; and

i) The preparation of Urban Design Guidelines.

The East Fenwick Secondary Plan establishes appropriate land use designations and policies that will support the future development of East Fenwick, establish design guidelines for buildings, parks and streets, establishes a system of public space areas and linkages with natural heritage areas and linkages with natural heritage areas and to identify existing transportation and infrastructure available in and around the study area and identify any upgrades that may be required to support the Secondary Plan.