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DP-2012-055 - Town of Caledon

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REPORT <strong>DP</strong>-<strong>2012</strong>-<strong>055</strong><br />

Council’s enactment <strong>of</strong> the by-law to the Ontario Municipal Board, no later than 20 days<br />

after the day the notice is given.<br />

Notice<br />

The Notice circulated for the Public Meeting indicated that the proposed zoning was<br />

Hazard Land Special X (HL-X) in order to permit residential uses on the subject<br />

property. Since that time, staff has determined that the Environmental Policy Area 2<br />

(EPA2) zone would be more appropriate. The purpose and effect <strong>of</strong> the By-law remains<br />

unchanged and therefore Planning staff are <strong>of</strong> the opinion that proper notice has been<br />

provided in accordance with the Planning Act.<br />

Section 34 (17) <strong>of</strong> the Planning Act states that where a change is made in a proposed by<br />

-law after the holding <strong>of</strong> the public meeting, the Council shall determine whether any<br />

further notice is to be given in respect <strong>of</strong> the proposed by-law. The determination <strong>of</strong><br />

Council is final and not subject to review in any court irrespective <strong>of</strong> the extent <strong>of</strong> the<br />

change made in the proposed by-law. It is staff’s opinion that the intent <strong>of</strong> the Notice and<br />

the proposed zoning by-law are appropriate and a further public meeting is not required.<br />

NEXT STEPS<br />

1. Corporate Services staff will notify Development Approval and Planning Policy<br />

staff that the outstanding tax arrears have been paid.<br />

2. Development Approval and Planning Policy staff will bring the by-law forward to<br />

the next available Council date.<br />

3. Administration staff will provide Notice <strong>of</strong> Council’s decision in accordance with<br />

the requirements in the Planning Act.<br />

4. Administration staff will monitor for any appeals that may be received during the<br />

following twenty day appeal period.<br />

5. Administration staff will issue an affidavit, provided no appeals have been<br />

received.<br />

COMMUNITY BASED STRATEGIC PLAN<br />

Strategic Objective 1A: Partner with Land Owners to Protect Natural Resources and<br />

Agriculture.<br />

POLICIES/LEGISLATION<br />

The Planning Act<br />

Oak Ridges Moraine Conservation Plan Act<br />

Region <strong>of</strong> Peel Official Plan<br />

<strong>Town</strong> <strong>of</strong> <strong>Caledon</strong> Official Plan<br />

Comprehensive Zoning By-law 87-250, as amended<br />

CONSULTATIONS<br />

The subject application was circulated to external agencies and internal departments<br />

and there were no concerns with the approval <strong>of</strong> the proposed zoning by-law<br />

amendment. See Schedule “B” attached.<br />

A statutory public meeting in accordance with the requirements <strong>of</strong> the Planning Act was<br />

held on Wednesday May 30, <strong>2012</strong>. Property owners within 120 metres <strong>of</strong> the subject<br />

lands were advised <strong>of</strong> the Public Meeting by direct mail as required under the Planning<br />

Act and an advertisement was placed in the <strong>Caledon</strong> Enterprise on May 10, <strong>2012</strong>.<br />

Page 4 <strong>of</strong> 5

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