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Notice of Adoption of an Official Plan Amendment by the Corporation of the City of Kingston

September 30, 2014 -

TAKE NOTICE that the Council of The Corporation of the City of Kingston passed By-Law No. 2014-161 " A BY-LAW TO AMEND THE OFFICIAL PLAN FOR THE CITY OF KINGSTON PLANNING AREA (AMENDMENT NO. 30), on the 23rd day of September, 2014 under Subsection 17(23) of the Planning Act.

Purpose of Bylaw

The purpose of this City initiated application is to remove the policies regarding minimum separation distances for care facilities from the Official Plan in order to implement any new zoning provisions relating to care facilities in the new Comprehensive Zoning By-Law and to respond to human rights concerns from the Ontario Human Rights Commission relating to the use of minimum separation distance and restrictions on Residential Care Facilities.

Effect of Bylaw

The effect of the By-Law is to amend Sections 3.3.D.3 to 3.3.D.7 with some minor "housekeeping" changes and to delete references to minimum separation distances or location of residential care facilities in relation to other facilities.

AND TAKE NOTICE that By-Law No. 2014-161, and information respecting said By-Law and the proposed amendment to the Official Plan are available in the Planning and Development Department, 1211 John Counter Blvd., Kingston, Ontario, during regular office hours (8:30 a.m. to 4:30 p.m.) or by calling Karen Fraser, Senior Planner, at 613-546-4291, Ext. 3287.

AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-Law by filing with the Clerk of The Corporation of the City of Kingston, 216 Ontario St., no later than 4:30 pm on the 20th day of October, 2014, a Notice of Appeal setting out the objection to the By-Law, the specific part of the proposed Official Plan Amendment to which the appeal applies, and the reasons in support of the objection. Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must be accompanied by a fee payment in the amount of $125.00 payable to the Minister of Finance.

AND TAKE NOTICE that the proposed Official Plan Amendment is exempt from approval by the Minister of Municipal Affairs and the decision of Council is final if a Notice of Appeal is not received before or on the last day for filing a Notice of Appeal.

Only individuals, corporations and public bodies may appeal a decision of the approval authority to the Ontario Municipal Board. 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 plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person to public body as a party.

AND TAKE NOTICE that any person or public body will be entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority:

The Corporation of the City of Kingston,
c/o John Bolognone, City Clerk,
216 Ontario St., Kingston, ON K7L 2Z3

NOTE: THE LAST DAY FOR FILING OBJECTIONS WILL BE OCTOBER 20, 2014.

The Objection Must Be Received No Later Than 4:30 on This Date In Order To Be Valid.

DATED at the City of Kingston
this 30th day of September, 2014

John Bolognone, City Clerk
City of Kingston