Notice of Complete Application for a Draft Plan of Subdivision and Notice of Public Meeting for a Zoning By-law Amendment

Take Notice that pursuant to subsection 51(19.1) of the Planning Act, R.S.O. 1990, the County of Essex advised the Municipality of Leamington that the Draft Plan of Subdivision application is complete and has requested that Council provide comments and any recommended conditions of draft approval pursuant to subsection 51(25) of the Planning Act.

Further to that, Council will consider an amendment to Leamington’s Zoning By-law (ZBA) 890-09, as amended, under Section 34 of the Planning Act, R.S.O. 1990, c.P.13.

The purpose and effect of the Draft Plan of Subdivision application is to permit development of the subject lands for a residential neighbourhood containing:

• six (6) semi-detached dwellings;
• eighty-seven (87) townhouse dwellings;
• one (1) block for a 3-storey multi-unit residential building containing 40 dwelling units;
• one (1) block for a stormwater management facility; and
• one (1) block for wetland protection.

The purpose and effect of the Zoning By-law Amendment application is to rezone the subject lands from a  Commercial Recreational Zone (C5(h)) and Wetland Zone (W) to implement the proposed Draft Plan of Subdivision, as follows:

• Block 26 to a site-specific Residential Zone (R4-16) to permit a 3-storey multi-unit residential building with a maximum height of 14.0 metres;
• Blocks 1 to 25 to a site-specific Residential Zone (R4-17) to permit six (6) semi-detached dwellings and eighty-seven (87) townhouse dwellings, with increased density and a reduced minimum lot frontage for interior lots of 8.2 metres;
• Block 27 to a Recreational Zone (RE) to permit a stormwater management facility; and
• Block 28 to a Wetland Zone (W) to protect the wetland.

Right to Appeal to the Ontario Land Tribunal - Draft Plan of Subdivision

If a person or public body does not make oral submissions at a public meeting or make written submissions to the County of Essex in respect of the proposed plan of subdivision before the approval authority gives or refuse to give approval to the draft plan of subdivision, the person or public body is not entitled to appeal the decision of the County of Essex to the Ontario Land Tribunal.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the County of Essex in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, 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.

Notwithstanding the above, subsection 51(43) of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal.

Zoning By-law Amendment

If a person or public body would otherwise have an ability to appeal the decision of the Municipality of Leamington to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Leamington before the by-law is adopted, 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 submission to Council before the zoning by-law is adopted or 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 add the person or public body as a party.

Notwithstanding the above, subsection 34(19) of the Planning Act defines the parties that are eligible to appeal the decision to the Ontario Land Tribunal.

Additional information and material about the proposed by-law will be available to the public for inspection when the Council Agenda is published before the hearing date and in person at the Municipal Building.

For more information specific to the Draft Plan of Subdivision approval, including the information about preserving your appeal rights, contact the Manager, Planning Services, County of Essex, 360 Fairview Avenue West, Essex, ON, N8M1Y6, or at rbelanger@countyofessex.ca, indicating the County of Essex File No. 37-T-26002.

For more information about the ZBA, including information about appeal rights, contact Jaqueline Renaud, Planner, by phone at 519-326-5761 ext. 1411 or by email at jrenaud@leamington.ca.

The meeting may be viewed in person at the Leamington Municipal Building or live online at leamington.ca/live.

Attachments:

• Public Notice
• Notice Key Map
• Conceptual Site Plan
• Draft Plan of Subdivision