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IN THE MATTER OF AN APPEAL OF A ZONING BY-LAW BY
VALLEY VOICES RESIDENTS ASSOCIATION
UNDER SUBSECTION 34(19) OF THE PLANNING ACT, R.S.O, 1990, c. P.13, as amended, from Zoning By-Law 10-2006 The Township of Alnwick/Haldimand
NOTICE OF APPEAL
On behalf of Valley Voices Residents Association, an incorporated Corporation without share capital, we are hereby providing a Notice of Appeal to the Ontario Municipal Board objecting to Township of Alnwick/Haldimand Zoning By-Law 10-2006. This appeal is made under Subsection 34(19) of Planning Act, R.S.O. 1990, c. P.13, as amended, from Zoning By-Law 10-2006.
Valley Voice Residents Association was incorporated August 12, 2003.
Written Submissions dated July 1, 2003 were made to council at a public meeting for the rezoning held July 9, 2003. These submissions were made on behalf of a Corporation to be incorporated. Carol Hanley, the President of Valley Voices Residents Association appeared before council on January 25, 2006 before the by-law passed and addressed council opposing the by-law.
The reasons in support of the appeal are:
1. The proposed use to Extractive Industrial permitted by the zoning by-law is not good land use planning because it will have adverse impacts on the existing residents and environment. These impacts have not been properly assessed by council or the owner seeking the rezoning. These adverse impacts include: impact on hydrology (all water is well water), impact due to noise, dust and traffic. The various reports required for the aggregates license application are outdated and do not represent the current conditions. The reports fail to address the possibility of aggregate resource extraction below the water table and fail to take into account the impacts due to a proximity to a nearby potentially hazardous waste disposal site.
2. The proposed zoning by-law does not represent good planning and does not conform totally to the applicable Official Plan Policies including the policies necessary for the use of a holding symbol.
3. The proposed by-law does not show the precise location of the uses or the boundaries of the zones. The map attached to the by-law fails to set out the distance from Shelter Valley Road or from any identifiable land mark. The proposed map is different from that shown at the public meeting held July 9, 2003.
4. The proposed haul route necessary for the use under the aggregate license is subject to an environmental assessment. It is premature to rezone for a use which cannot be lawfully carried out without a haul route. The use of a holding category to address this issue is not appropriate.
5. Without a full environmental assessment for the haul route, it is impossible to determine whether or not the zoning is consistent with the Natural Heritage provisions of the Provincial Policy Statement.
6. The proposed rezoning will have social and environmental impacts contemplated in Provincial Policy Statement 2.5 and is not consistent with this policy statement.
7. Such further and other grounds as may be advanced at the hearing of this appeal before the Ontario Municipal Board and as the Board may permit.
Dated at: Toronto, this 10th day of February, 2006.
VALLEY VOICES RESIDENTS ASSOCIATION
Per:
M. Virginia MacLean, Q.C.
solicitor on behalf of
Valley Voices Residents Association
