Notice of Refusal to Pass a proposed Zoning Bylaw Amendment MTu Z03-2022 Reinhardt
TAKE NOTICE that the Council of the Municipality of Morris-Turnberry refused to pass a proposed zoning bylaw amendment on the 6th day of December, 2022 under Section 34 of the Planning Act, R.S.O. 1990, as amended.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the refusal to pass this bylaw by filing with the Clerk of the Municipality of Morris-Turnberry, not later than the 5th day of January, 2023, at 4:30pm, a notice of appeal setting out the objection to the refusal to pass the bylaw and reasons in support of the objection, accompanied by payment of the fee prescribed under the Ontario Land Tribunal Act.
AMOUNT OF FEE for an appeal is $1,100.00 payable by Certified Cheque or Money Order in Canadian funds, made out to the Minister of Finance and accompanied by Appellant Form (A1) which is available on the website. 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 Request for Fee Reduction Form.
Only individuals, corporations and public bodies may appeal a zoning by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
Only individuals, corporations and public bodies may appeal a refusal to pass a zoning bylaw amendment to the Ontario Land Tribunal. A notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
AN EXPLANATION of the purpose and effect of the refused by-law, describing the lands to which the refused by-law applies is provided below. A complete copy of the refused Zoning By-law is available for inspection at the Clerk’s office during regular office hours.
The zoning by-law amendment was not passed due to being inconsistent with the Provincial Policy Statement, not conforming with the Huron County or Morris-Turnberry Official Plans, and not representing good planning, as detailed in the Planner’s report.
The decision of the Council of the Municipality of Morris-Turnberry is final if a notice of appeal; is not received before or on the lad day for filing a notice of appeal.
EFFECT OF WRITTEN AND ORAL SUBMISSIONS
Public comments were received on the issues of compatibility with neighbouring land uses. Comments were thoroughly considered but did not influence the decision of Council to deny the application. Agency comments were received on the issues of compliance with the maximum allowable nitrate levels under the Provincial Guideline D-5-4 “Technical Guideline for Individual On-Site Sewage Systems”, the protection of a significant groundwater recharge area, not having regard to all matters of provincial interest, and not conforming with the Morris-Turnberry and Huron County official plans, the effect of which influenced the decision of Council to deny the application.
ADDITIONAL INFORMATION relating to the refused by-law amendment is available during regular office hours at the Municipality of Morris-Turnberry Municipal office (519) 887-6137 and the Huron County Planning and Development Department (519) 524-8394 Ext. 3
DATED at the Municipality of Morris-Turnberry, this 16th day of December, 2022.
PURPOSE AND EFFECT
The purpose of the proposed zoning by-law amendment is to amend the zoning on the proposed lot from Severance Application C79-2022 - 353 Turnberry Street (Plan 410 Lots 149 to 151 Pt; Lane and RP 22R6317 Part 1) in the Municipality of Morris-Turnberry. The proposed zoning on the lot described as “Retained” would be rezoned from Village Residential – Low Density (VR1) to Village Residential – Medium Density (VR2) to allow for a four unit residential building. The proposed zoning on the lot described as “Severed” would remain Residential – Low Density (VR1). The subject property is approximately 1.7 acres with the retained property being approximately 0.84 acres and the severed portion being approximately 0.80 acres.