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HomeMy WebLinkAbout22 181 Amendment to Comprehensive Zoning By-law 2003-25, Kincardine Con 7 Pt Lots 1; to 3 (Kincardine Township) [Storrey - Highway 21] By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2022 – 181 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Estate of Douglas John Storrey Steven Ronald James Storrey Douglas John Storrey KINCARDINE CON 7 PT LOTS 1; TO 3 (Kincardine Township), 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 No. 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 No. 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 ‘General Agricultural (A1)’ Zone and Environmental Protection ‘EP’ Zone to ‘General Agricultural (A1)’ Zone, ‘Environmental Protection (EP)’ Zone, ‘General Agricultural Special (A1-hi)’ Zone, and General Agricultural Special Holding (A1-hi-H)’ Zone on those lands described as KINCARDINE CON 7 PT LOTS 1; TO 3 (Kincardine Township), 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 subsection to Section 9.5 thereof: On lands zoned A1-hi and A1-hi-H: a. Notwithstanding Section 9.3, a second ‘accessory detached dwelling’ shall be permitted. b. Notwithstanding Section 6.29 Watercourse Setbacks, a minimum setback of 7.5 m from an ‘accessory detached dwelling’ to the centreline of the Slade Municipal Drain shall be permitted. c. Notwithstanding Section 6.36, the Minimum Distance Separation from an ‘accessory detached dwelling’ to the horse barn on the adjoining south property shall be no less than 66.36 m. Page 2 of 2 Amendment to Comprehensive Zoning By-law 2003-25, KINCARDINE CON 7 PT LOTS 1; TO 3 (Kincardine Township) [Storrey – Highway 21] By-law No. 2022 - 181 d. An access easement agreement registered on title for perpetual access with the adjoining landowner to the south that extends to all successors shall be required prior to building permit issuance. Alternative ly, access connection on an existing road allowance which is opened on a year- round basis and constructed to a standard of construction adequate to provide for the additional traffic generated by the proposed development shall be required to the satisfaction of the Zoning Administrator. e. 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. An Archaeological Assessment has been approved by the Zoning Administrator at the Municipality of Kincardine which has been: 1. Conducted by an archaeologist licensed in the Province of Ontario; and, 2. Confirmed by the appropriate Ministry to have been accepted into the Ontario Public Register of Archaeological Reports; and, ii. The recommendations of the Archaeological Assessment (if any) have been implemented to the satisfaction of the Zoning Administrator. 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, KINCARDINE CON 7 PT LOTS 1; TO 3 (Kincardine Township) [Storrey – Highway 21] By-law”. Read a First and Second time this 12th day of December, 2022 Read a Third time and Finally Passed this 12th day of December, 2022 Mayor Clerk Schedule 'A' 2330 HIGHWAY 21 - KINCARDINE CON 7 PT LOTS 1;TO 3 - Roll Number 410821000220601 Municipality of Kincardine Kincardine Township) N ryy 0000 dPo 0000 000000 000000000000 00000000000 000000000 0000000 an an an an i l 0 150 300 Metres Subject Property Lands to be zoned Al-hi - General Agricultural Special Lands to be zoned Al - General Agricultural Lands to be zoned Al-hi-H - General Agricultural Special Holding Lands zoned EP - Environmental Protection This is Schedule 'A' to the zoning by-law amendment number 181-2022 passed this 12th day of December, 2022 Kenneth Craig ulllllilim, ilW 'I°°° Signed with ConsignO Cloud(2022/12/15) IIIIII I Mayor Verify with verifio.com or Adobe Reader. IIIIm�� Clerk Jennifer Lawrie� �anndc.drnr—onOri—d(?n??n?nca) v ® Verify with verifio.com or Adobe Reader. File: Z-2022-034 Applicant: Estate of Doug Storrey-Joan Storrey and Steve Storrey Date: December 2022 c/o Executor Stacey Millar