1039 Church Street

NOTICE OF THE PASSING OF ZONING BY-LAW AMENDMENT

1039 CHURCH STREET

(File No. AM-06-2023)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 55 (2023) on September 20, 2023, 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.

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 Wednesday, October 11, 2023 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. 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 September 6, 2023. The report can be found online at https://events.pelham.ca/meetings.

The explanation of the purpose and effect of the by-law 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, between the hours of 8:30 am and 4:30 pm.

DATED at the Town of Pelham, this 21st day of September, 2023.

WILLIAM TIGERT – TOWN CLERK

Council will receive the recommendation report on this file as part of the September 6^th Council agenda. The report will be available for review after noon on Friday September 1^st here:

https://events.pelham.ca/Meetings/Detail/2023-09-06-0900-Town-of-Pelham-Regular-Council-MeetingSep062023

Notice of Public Meeting

Date: Wednesday, August 9, 2023 at 5:30 PM

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

Virtual Participation: Zoom Webinar / Youtube Livestream

In-person Participation: Meridian Community Centre,

100 Meridian Way, Fonthill - Accursi Room B

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

File Numbers: AM-06-2023

Subject Lands: 1039 Church Street

Public Meeting for Zoning By-law Amendment in accordance with Section 34 of the Planning Act, R.S.O. 1990, as amended.

An application for Zoning By-law Amendment was received for the property located at 1039 Church Street known legally as Parts 2, 3 and 5, Plan 16 and Part 1, RP 59R-4712 in the Town of Pelham, Regional Municipality of Niagara (see attached plan).

The requested Zoning By-law Amendment would rezone the lands from the Residential One (R1) to the Residential One (R1), a site-specific Residential Multiple Two (RM2) and and Environmental Protection One (EP1) zones. The zoning change will allow a single detached dwelling, a 3-storey 18-unit apartment dwelling and recognize the location of a woodland and the associated buffer.

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 applications are approved, please submit your correspondence or request by 12:00 PM on Monday, July 31, 2023, 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 WTigert@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 WTigert@pelham.ca before 12:00 pm noon on Friday, August 4, 2023. 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 live stream 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 Shannon Larocque, MCIP, RPP, Senior Planner, by email at slarocque@pelham.ca or at 905-980-6661 or 905-892-2607 ext 319. 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 www.pelham.ca/1039ChurchStreet or at Town Hall by appointment after 12:00 PM on Friday, August 4, 2023.

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 14th day of July, 2023.

William Tigert

Town Clerk

Date of Mailing: July 14, 2023