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

___________________________________________________________________________________________________

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.

Notice of Public Meeting

East Fenwick Secondary Plan

Date: Wednesday February 14, 2024 at 5:30 PM

Place: This hearing will be a hybrid (virtual/in person) meeting.

Virtual Participation: Zoom Webinar / YouTube Livestream

In-person Participation: Town Hall, Council Chambers, 20 Pelham Town Square, Fonthill

Town Council approved hybrid meetings via By-law No. 4507 (2022). The Town of Pelham live webcast of the Public Meeting will be streaming at:

https://www.youtube.com/user/TownOfPelham/live

Public Meeting for a proposed Secondary Plan in accordance with Section 22 of the Planning Act, R.S.O. 1990, as amended.

The proposed East Fenwick Secondary Plan is a statutory document that will guide future development in the East Fenwick area. East Fenwick is an identified growth area in the Town’s Official Plan and the proposed plan balances protection of its natural heritage system with support for the economic growth of Fenwick. It will further enhance Fenwick’s village character while establishing a pedestrian and cyclist friendly, compact, and sustainable community.

The Secondary Plan has been developed over several years by the Town with input from the public, landowners within the plan area, and technical advice from Town Administration, the Niagara Region, and the Niagara Peninsula Conservation Authority. The Secondary Plan complies with all relevant Provincial legislation and policy and may be exempt from Region of Niagara approval if it complies with the Regional Official Plan.

Your Input is Encouraged: The Town of Pelham would appreciate receiving your written and/or verbal comments regarding this application. Unless indicated otherwise, personal information and all comments will become part of the public record and may be publicly released. To provide input in writing, or to request personal notice if the proposed amendment is approved, please submit your correspondence or request by 12:00 PM on Monday, February 5, 2024 for inclusion in the public meeting agenda package c/o Town Clerk, William Tigert, PO Box 400, 20 Pelham Town Square, Fonthill, Ontario L0S 1E0, or by email at SLeach@pelham.ca. Comments and requests received after this date will still be received by Council, however they may not be published as part of the public meeting agenda. Verbal comments will be received by the Town at the public hearing via virtual or in-person participation.

To provide verbal comments virtually at the hearing, please pre-register with the Town Clerk by sending an email to SLeach@pelham.ca before 12:00pm noon on February 9, 2024. Zoom webinar registration information and procedure will be provided. To provide verbal comments in-person at the Public Meeting, pre-registration is encouraged but not required. Registrants will be notified of Council’s Decision. If you have not submitted written comments and wish to submit a comment live during the meeting, you may livestream the meeting from the Town of Pelham’s YouTube channel and e-mail comments to clerks@pelham.ca during the public portion of this application only. If your comments are not received during the public portion of the meeting, they will not be considered.

Need More Information: For more information, please contact Lindsay Richardson, Policy Planner, by email at lrichardson@pelham.ca or at 905-980-6675 or 905-892-2607 ext. 335. A copy of the staff report regarding the proposed applications as well as any additional information may be obtained on the Town’s website at https://engagingpelham.ca/admin/projects/east-fenwick-secondary-plan or at Town Hall by appointment after 12:00 PM on Friday February 5, 2024.

IMPORTANT INFORMATION: If a person or public body would otherwise have an ability to appeal the decision of the Town of Pelham’s Municipal Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written statements to the Town of Pelham before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Town of Pelham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Dated at the Town of Pelham, this 19th day of January, 2024.

William Tigert

Town Clerk

Date of Posting: January 19, 2024

Date: Thursday November 30th, 2023

Time: 2:00 - 6:00 p.m.

Place: Pelham Fire Station 2, 766 Welland Road, Fenwick Ontario

The Town of Pelham is hosting a Community Open House regarding the East Fenwick Secondary Plan.

*This will be a drop in event with no formal presentation*

The Secondary Plan is set to deliver a sustainable, neighbourhood development that addresses various growth directives. The completion of the Plan will aid in supporting and building a strong community for the East Fenwick Area while supporting and protecting the natural heritage features in the area.

Come and learn about the East Fenwick Secondary Plan, ask questions of the consulting team and view the overall plan for this area.