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Home My WebLink About22 126 Amendment to Comprehensive Zoning By-law 2003-25, Queen Street (Kelden Developments Inc.) By-law No. 2022 — 126 A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 — 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Kelden Developments Inc. c/o Dale Walden PLAN 10 PT PARK LOTS 2 AND 3; RP 3R10465 PARTS 1 TO 4, 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 thereon from the `Residential One (R1)' Zone to the `Residential Three (R3-ac-H)' Zone on those lands described as PLAN 10 PT PARK LOTS 2 AND 3; RP 3R10465 PARTS 1 TO 4 (Kincardine Township), 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: Special Zone: `R3-ac-H' Exception to Zone Provisions: a. A maximum of 46 townhouses shall be permitted. b. Notwithstanding the provisions of Section 14.2.3, on lands described as `R3-ac-H' the following provisions shall apply: i. The back wall of a row dwelling shall maintain a minimum setback of 7.5 m from the property line; ii. The sidewall of a row dwelling shall maintain a minimum setback of 6 m from the property line; iii. The front wall of a row dwelling shall maintain a minimum setback of 6 m from the private road; iv. The side wall of a row dwelling shall maintain a minimum setback of 0 m from the side wall of an attached row dwelling and 3 m from a row dwelling located in a different structure. Page 2 of 2 Amendment to Comprehensive Zoning By-law 2003-25, Queen Street (Kelden Developments Inc.) By-law By-law No. 2022 - 126 v. The minimum floor area of a row dwelling unit shall be 60 m2. vi. The side wall of a row dwelling shall maintain a minimum setback of 3.0 metres from the private road. c. The development shall be under site plan control: i. The site plan agreement shall incorporate the recommendations of the Environmental Impact Study (dated March 8, 2022) to the satisfaction of the Saugeen Valley Conservation Authority; and ii. The site plan agreement shall incorporate the Tree Retention Plan (revision 1, dated March 17, 2022). d. On those lands identified as being subject to the 'H' Holding Zone provision, development, lot grading, excavation, and/or construction shall not be permitted unless the `H' Holding Zone provision is removed. Council may remove the `H' Holding Zone provision once the following conditions have been met: i. A stormwater management easement between the owner of the subject lands and the owner of the adjoining Golf Course property has been registered on title to both properties; and ii.A Site Plan Agreement has been registered on title of the subject lands. 3. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25, Queen Street (Kelden Developments Inc.) By-law". By Order of the Ontario Land Tribunal March 23, 2023 Case No: OLT-22-004309 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 4V1341crrpunofK�� BY-LAW No. 2022 — 126 A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 — 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Kelden Developments Inc. c/o Dale Walden PLAN 10 PT PARK LOTS 2 AND 3; RP 3R10465 PARTS 1 TO 4, 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 thereon from the `Residential One (R1 )' Zone to the `Residential Three (R3-ac-H)' Zone on those lands described as PLAN 10 PT PARK LOTS 2 AND 3;RP 3R10465 PARTS 1 TO 4 (Kincardine Township), 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: Special Zone: `R3-ac-H' Exception to Zone Provisions: a. A maximum of 46 townhouses shall be permitted. b. Notwithstanding the provisions of Section 14.2.3, on lands described as `R3-ac-H' the following provisions shall apply: i. The back wall of a row dwelling shall maintain a minimum setback of 7.5 m from the property line; ii. The sidewall of a row dwelling shall maintain a minimum setback of 6 m from the property line; iii. The front wall of a row dwelling shall maintain a minimum setback of 6 m from the private road; iv. The side wall of a row dwelling shall maintain a minimum setback of 0 m from the side wall of an attached row dwelling and 3 m from a row dwelling located in a different structure. E,:: v. The minimum floor area of a row dwelling unit shall be 60 m2. Page 2 of 2 Amendment to Comprehensive Zoning By-law 2003-25, Queen Street (Kelden Developments Inc.) By-law By-law No. 2022 - 126 • c. The development shall be under site plan control: i. The site plan agreement shall incorporate the recommendations of the Environmental Impact Study (dated March 8, 2022) to the satisfaction of the Saugeen Valley Conservation Authority; and ii. The site plan agreement shall incorporate the Tree Retention Plan (revision 1, dated March 17, 2022). d. On those lands identified as being subject to the 'H' Holding Zone provision, development, lot grading, excavation, and/or construction shall not be permitted unless the 'H' Holding Zone provision is removed. Council may remove the 'H' Holding Zone provision once the following conditions have been met: i. A stormwater management easement between the owner of the subject lands and the owner of the adjoining Golf Course property has been registered on title to both properties; and, ii.A Site Plan Agreement has been registered on title of the subject lands. • 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. 4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25, Queen Street (Kelden Developments Inc.) By-law". READ a FIRST and SECOND TIME this 11th day of July, 2022. READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2022. Mayor Deputy Clerk Defeated by Resolution 07/11/22 - 04 • • Schedule 'A' 1182 QUEEN ST - PLAN 10 PT PARK LOTS 2 AND 3; RP 3R10465 PARTS 1 TO 4 - Roll Number: 410821000403000 Municipality of Kincardine (Kincardine Township) ---,,, ---,,, S 0 40 80 I I I I I I I I Metres \ G%, \Aocy / \ A llk7,77,,,.,,„,,, \ 41/4 41; 4 ,,,, / V'', (71 Al ,.„-,„ / *Sp ilikiS 1, 44 j / '' - 44P ��9s �J Sec 4110), Se` c,(),`" c'4,)00,, 1 Subject Property J p Y L4.,..:..4 Lands to be zoned R3-ac-h - Residential Three Special Holding Defeated by Resolution 07/11/22 - 04 This is Schedule 'A' to the zoning by-law amendment number 2022 - 126 passed this 11th day of July 2022. III Mayor Deputy Clerk Applicant: Kelden Developments Inc. (c/o Dale Walden) File: Z-2022-038 c/o Ron Davidson Land Use Planning Consultant Inc. Date: July, 2022 TI:C MUNICIPALITY or 14.NCAKpINL Planning Corporate Services Meeting great energy.balanced life. Motion# 07/11/22 - 04 Title: Matters Arising from Public Meeting Date: Monday, July 11, 2022 Moved by: Laura Haight Seconded by: Doug Kennedy THAT the "Amendment to Comprehensive Zoning By-law 2003-25, Queen Street (Kelden Developments Inc.) By-law" be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2022 - 126. Defeated 7-\\.erYUYLL)kai-U-(-- Clerk