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HomeMy WebLinkAbout22 144 Amendment to Comprehensive Zoning By-law 2003-25, Inverhuron Lot 31 Victoria E Plan 210 Pt Lots 59 and 60;RP 3R8687 Part 3 (Tiverton Village) (5046373 Ontario Inc.) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2022 – 144 A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE 5046373 Ontario Inc. c/o Tim Kraemer PLAN 210 PT LOTS 59 AND 60;RP 3R8687 PART 3 Municipality of Kincardine WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes the Councils of Municipalities to enact and amend zoning by-laws which comply with an approved official plan; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine has enacted By-law 2003- 25, a zoning by-law enacted under Section 34 of the said Planning Act; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine desires to amend By-law 2003-25; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A' to By-law No. 2003-25 as amended, is hereby further amended by changing from 'Environmental Protection (EP)' Zone and 'Planned Development (PD)' Zone to ‘Environmental Protection (EP)’ Zone, ‘Open Space (OS)’ Zone, ‘Residential Three Special (R3-aa)’ Zone, ‘Residential Three Special (R3-ab)’ Zone and ‘Residential Three Special (R3-ad)’ Zone on those lands described as PLAN 210 PT LOTS 59 AND 60;RP 3R8687 PART 3 (Tiverton Village), Municipality of Kincardine, as outlined on the attached Schedule 'A' 2. By-law No. 2003 - 25 as amended, is hereby further amended by adding the following subsections to Section 14.3 thereof: Notwithstanding their ‘R3’ zoning designation, those lands delineated as ‘R3-aa’ on Schedule ‘A’ to this By-law shall be used in compliance with the ‘R3’ zone provisions contained in this By-law, and shall comply with the following regulations which shall prevail in the event of conflict: a. The minimum interior side yard shall be 1.2 metres for a single detached dwelling, semi-detached dwelling and row dwelling one-storey in height, and 1.5 metres for a single detached dwelling, semi-detached dwelling and row dwelling greater than one-storey in height; and b. The minimum exterior side yard shall be 4.5 metres for a single detached dwelling, semi-detached dwelling and row dwelling. Page 2 of 3 Amendment to Comprehensive Zoning By-law 2003-25, INVERHURON LOT 31 VICTORIA E PLAN 210 PT LOTS 59 AND 60;RP 3R8687 PART 3 (Tiverton Village) (5046373 Ontario Inc.) By-law By-law No. 2022 - 144 Notwithstanding their ‘R3’ zoning designation, those lands delineated as ‘R3-ab’ on Schedule ‘A’ to this By-law shall be used in compliance with the ‘R3’ zone provisions contained in this By-law, and shall comply with the following regulations which shall prevail in the event of conflict: a. The minimum density shall be 15 residential dwelling units per net hectare; b. The minimum setback between a row dwelling and a property line shall be 6.0 metres; c. The minimum setback between the front wall of a row dwelling and a private street shall be 6.0 metres; d. The minimum setback between the exterior wall of a row dwelling and a private street shall be 3.2 metres, and between the exterior wall of a row dwelling and a municipal street shall be 6.0 metres; e. The minimum setback between the rear wall of a row dwelling and the rear wall of another row dwelling shall be 10.0 metres; and f. The lands shall be subject to Site Plan Control. Notwithstanding their ‘R3’ zoning designation, those lands delineated as ‘R3-ad’ on Schedule ‘A’ to this By-law shall be used in compliance with the ‘R3’ zone provisions contained in this By-law, and shall comply with the following regulations which shall prevail in the event of conflict: a. The minimum interior side yard shall be 1.2 metres for a single detached dwelling, semi-detached dwelling and row dwelling one-storey in height, and 1.5 metres for a single detached dwelling, semi-detached dwelling and row dwelling greater than one-storey in height; b. The minimum exterior side yard shall be 4.5 metres for a single detached dwelling, semi-detached dwelling and row dwelling; c. The minimum rear yard shall be 4.5 metres for a single detached dwelling, semi-detached dwelling and row dwelling; and d. The maximum lot coverage (principal building) shall be 60% for a single detached dwelling, semi-detached dwelling and row dwelling. 3. This By-law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, R.S.O. 1990. Page 3 of 3 Amendment to Comprehensive Zoning By-law 2003-25, INVERHURON LOT 31 VICTORIA E PLAN 210 PT LOTS 59 AND 60;RP 3R8687 PART 3 (Tiverton Village) (5046373 Ontario Inc.) By-law By-law No. 2022 - 144 4. This By-law may be cited as the “Amendment to Comprehensive Zoning By-law 2003-25, INVERHURON LOT 31 VICTORIA E PLAN 210 PT LOTS 59 AND 60;RP 3R8687 PART 3 (Tiverton Village) (5046373 Ontario Inc.) By-law”. READ a FIRST and SECOND TIME this 8th day of August, 2022. READ a THIRD TIME and FINALLY PASSED this 8th day of August, 2022. Deputy Mayor Clerk Schedule 'A' Plan 210 PT Lots 59 and 60;RP 3R8687 Part 3 - Roll 410826000604600 Municipality of Kincardine (Village of Tiverton) Subject Property Lands to be zoned R3-aa - Residential Three Special Lands to be zoned R3-ab - Residential Three Special File: Z-2021-092 Applicant: 5046373 ONTARIO INC. c/o Tim Kraemer c/o Ron Davidson Land Use Planning Consultant Inc.Date: August, 2022 This is Schedule 'A' to the zoning by-law amendment number ___________ passed this ________ day of _______________________ Deputy Mayor___________________________ Clerk _________________________________ J I Kin g S t Con q u e r g o o d A v e Side r o a d J / 1 Eliz a b e t h S t Nei l P l Her b e r t P l Loi s S t Lands to be zoned R3-ad - Residential Three Special Lands to be zoned OS - Open Space Lands to be zoned EP - Environmental Protection ¯ 0 60 120 Metres 2022 - 144 8th August, 2022