Notice of Decision to Deny an Application for Zoning By-law Amendment

Date Published

Excerpt

TAKE NOTICE that the Council of the Corporation of the City of Barrie has denied an Application to Amend Zoning By-Law 2009-141, pursuant to the provisions of Section 34(10.9) of the Planning Act, R.S.O. 1990 c. P.13 and Section 4 of O. Reg. 545/06.

The purpose of the Application for Zoning By-Law Amendment was to amend By-Law 2009-141 to permit agriculture as a temporary use pursuant to Section 39 of the Planning Act, R.S.O. 1990, c. P.13 on the lands described as: Part Lots 5, 6, 7, Plan 67 and Part Lot 7, Concession 12, Innisfil, now in the City of Barrie, designated as Parts 1 to 8, Plan 51R34356, save and except Part 1, Plan 51R32351, known municipally as 15 Harvie Road, subject to the following provisions:

Agricultural activities are limited to field crops in an open field;

  • A 30-metre naturalized buffer must be provided around Lover’s Creek and Whiskey Creek;
  • Access to the site for farming purposes is restricted to the entrance at Harvie Road;
  • Best Management practices must be applied respecting the use of fertilizer and pesticides; and,
  • Activities related to the Bryne Drive South Extension will take precedent over the permission for agriculture use on that portion of the lands identified for the construction of the roadway.

AND TAKE NOTICE that the decision of The Council of The Corporation of the City of Barrie, 24-G-080, is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.

AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the refusal by filing with the Clerk of the Corporation of the City of Barrie no later than ​Wednesday, May 22, 2024​, a notice of appeal setting out the appeal to the refusal and the reasons in support of the appeal.  The appeal must be accompanied by the fee as prescribed by the Ontario Land Tribunal.  The cheque is to be made payable to the Minister of Finance.  Please consult the Ontario Land Tribunal’s website (https://olt.gov.on.ca/) or 1-866-448-2248 for further information regarding how to file an appeal, the appeal process, and the appeal fee reduction request application.   

Only individuals, corporations and public bodies may appeal a refusal 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.

No person or public body shall be added as a party to the hearing of the appeal unless, before the requested zoning by-law amendment was refused, the person or public body made oral submissions at the public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.

An explanation of the refusal is available for inspection in the office of the City Clerk between 8:30 a.m. and 4:30 p.m. Monday to Friday.  A key map is provided with this Notice showing the location of the lands affected by the Zoning By-Law Amendment Application (File: D30-004-2024). 

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Map of Subject Lands (15 Harvie Road)