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Home My WebLink About99 010 Business Pk - Zoning ~.t . . . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON BY-LAW BY-LAW NUMBER 1999 - 10 A BYLAW TO AMEND BY-LAW 1988-1, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW OF THE CORPORATION OF THE TOWN OF KINCARDINE NOW THEREFORE The Council for the Corporation of the Township of Kincardine-Bruce-Tiverton, pursuant to Section 34 of the Planning Act, R.S.O. 1990, ENACTS as follows; 1. By-law No. 1988-1, as amended, is hereby further amended by modifying Section 2.8 of Section 2, Definitions, with the addition of the following statement after the words "related products,": "this includes motorized recreational vehicles," 2. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.31 "Farm Implement Establishment" means a retail establishment which deals in the sale of new and used agricultural machinery and supplies and may include the servicing of such machinery, hut does not include the sale of new and used automotive vehicles or supplies. 3. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to Section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.57 "Motel" means a building used primarily for the purpose of catering to the travelling public by furnishing sleeping accommodation and may include permanent staff quarters, but does not include any other establishment otherwise defined or classified in this By- law." 4. By-law No. 1988-1, as amended, is hereby further amended by deleting Section 2.67 of Section 2, Definitions, and replacing it with the following: "2.67 "Retail Warehousing" shall mean a building or structure or portion thereof having a minimum of 232 square meters (2500 square feet) wherein goods, wares, or merchandise are offered for sale at retail, including a food store." 5. By-law No. 1988-1, as amended, is hereby further amended by adding the following zone to the list of zones identified in Section 3.1, Classification of Zones: "C6 Business Park" .. ./2 -' 2 Comprehensive Zoning By~Law Amendment By-law No. 1988-1, as amended, is hereby further amended by deleting the title of Section 6, plus the first paragraph of that Section and replacing it with the following: 6. .' "SECTION 6 - COMMERCIAL ZONES - CL C2. C3. C4. C5 AND C6 In any Commercial Cl, C2, C3, C4, C5 and C6 Zones, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions:" 7. By-law No. 1988-1, as amended, is hereby further amended by adding the following new subsection to Section 6, Commercial Zones: 6.6 BUSINESS PARK "C6" 6.2.1 Pennitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A business or professional office A retail warehouse A public utility A research & development facility A computer & electronic processing establishment A scientific or teclu1ologica1 establishment A communication and infonnation establishment A business or government service A recreation facility oriented to fitness A kennel A veterinary clinic A commercial college or school An automotive sales establishment An automotive services establishment An autobody repair shop A motel A building supply centre A farm implement establishment A light manufacturing, processing or assembly operation, (but not including a junk salvage, scrap or wrecking yard, an abattoir or meat packing plant or an offensive trade as defined by the Public Health Act) A retail store involving the sales and service of heavy machinery and factory equipment A cartage, express truck transport terminal A contractor's or tradesman's shop A dry~cleaning establishment A fuel storage tank or supply yard A laundry shop A nursery and greenhouse A equipment rental establishment A municipal service garage, warehouse or storage yard A parking lot A printing or publishing plant An office, retail, wholesale, or service outlet accessory to a permitted use A service shop A warehouse and/or commercial storage A manufacturing, servicing, or repair of marine and boating equipment A banquet hall or club house An accessory use 6.2.2 Zone Regulations for Business Park . 1) 2) 3) 4) 5) 6) 7) 8) 9) Lot Area (Minimum) Lot Width (Minimum) Front Yard (Minimum) Exterior Side Yard (Minimum) Interior Side Yard (Minimum) Rear Yard (Minimum) Building Height (Maximum) Minimum Yard When Abutting A Residential Zone Minimum Yard When Abutting Highwav #9 or #21 1850 square metres 30.0 metres 15.0 metres 15.0 metres 6.0 metres 15.0 metres 15.0 metres 30.0 metres 45.0 metres .' . . e" 3 Comprehensive Zoning By-Law Amendment 10) Open Storage - The open storage of goods or materials shall be permitted provided that: i) Such open storage is accessory to the use of the main building on the lot; Such open storage complies with the yard requirements of this Section; Such open storage does not cover more than 15% of the lot area nor exceed the gross floor area of the main building on the lot; and, Any portion of the area used for open storage where it does not adjoin the outside wall of the building is concealed from view from the street by a fence or wall. ii) iii) iv) Notwithstanding the above, where a building is divided into a number of different industrial units, each unit may have one designated storage area, either in the side or rear yard of the main building, provided that the total area of open storage on the site does not exceed 15 percent of the gross floor area of the main building and meets all other requirements oftms By-law, 11) Planting Strios - Planting strips shall be required between any permitted use, parking area, or open storage area and adjacent roads in accordance with Section 4.13. Notwithstanding section 4.13, when abutting a residential zone, such planting strips shall have a minimum width of 30 metres and shall be stocked with mature coniferous and deciduous trees. 12) 13) Loading Space - Off-Street Parking - (Refer to Section 4.10) (Refer to Section 4.12) 6.2.3 SPECIAL PROVISIONS 8. For those lands identified as being within the "C6-h' zone, Council may consider removing of the' -h', in accordance with the Planning Act, R. S. O. 1990, once it is satisfied that the policy requirements of the Official Plan have been met, that all servicing and traffic related issues are addressed, and that a site plan agreement has been entered into. 9. Schedule "A" to By-law No. 1988-1, as amended, is hereby further amended in accordance with Schedule" A" attached hereto and forming part of this By-law. 10. 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. 11. This By-law shall be cited as the "Business Park (The Annex) Rezoning, By-law", READ a FIRST and SECOND time this 27th day of January, 1999. READ a THIRD time and FINALLY PASSED this 3rd day of February, 1999. ~~ ;' r-;;7 ,- - .- .' '. .,., ~:: :, filii l~r'li'!III!lj!II!IIIIIIIIIII'~I: ~~ SCHEDULE "A" LOT I, CONCESSION I, S.D.R TOWN OF KINCARDINE _'_ . I ._~__.__.J '" 1\'~/'I\.!\,/'i,\I"."'.,i.-1i,r;-~' (.I'I~- i....:~ 1-' ^ f:J'-\"I[ If- . . ! ' Ii \a i,~.. i..:q \ ! j I' _ "Y",,- 'J , ---J i I I 1IIIBIBam_..D... ~ ~l ~- ... ---'---1 iJ COUI _ i I 0=::1 01 (/), ~I I <.J: z. 01 u: I i .~ .....,"'1 ,/ I"...... " -< __n___J -- .. 'un. r n'j ..- II II ---~ i ,~ . ------------- - --......,..... ~/./.~. ..... ~-- LOT" 2"'-" -----.--/. ..,.- - .'- -. .... ~-_... : , : I 1/ ,I ~ /' -'~ ./ /,,,-- - _.'-- ..-" SUBJECT PROPERTY LANDS TO BE REZONED TO "C6-h - BUSINESS PARK COMMERCIAL" LANDS TO BE REZONED TO "OS - OPEN SPACE" LANDS TO BE REZONED TO "RI - RESIDENTIAL" LANDS TO BE REZONED TO "H - HAZARD" SCHEDULE "A" THIS IS SCHEDULE "An TO BY-LAW 1999-10 PASSED THIS OF FebrUa~rY '19~99 MAYOR - ~ ~ CLERK Q~ v-a. "'\JJ...,~ 1rn DAY APPLICANT: KINCARDINE APPLICATION: 2-67-98 DATE: JANUARY 1999 BY-LAW NUMBER 1999 - 10 A BYLAW TO AMEND BY-LAW 1988-1, AS AMENDED, BEING THE COMPREHENSIVE ZONING BY-LAW OF THE CORPORATION OF THE TOWN OF KINCARDINE NOW THEREFORE The Council for the Corporation of the Township of Kincardine-Bruce- Tiverton, pursuant to Section 34 of the Planning Act, R.S.O. 1990, ENACTS as follows: 1. By-law No. 1988-1, as amended, is hereby further amended by modifying Section 2.8 of Section 2, Definitions, with the addition of the following statement after the words "related products,": "this includes motorized recreational vehicles," 2. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.31 "Farm Implement Establishment" means a retail establishment which deals in the sale of new and used agricultural machinery and supplies and may include the servicing of such machinery, but does not include the sale of new and used automotive vehicles or supplies. 3. By-law No. 1988-1, as amended, is hereby further amended by adding following definition to Section 2, Definitions, and renumbering all subsequent definitions in Section 2, accordingly: "2.57 "Motel" means a building used primarily for the purpose of catering to the travelling public by furnishing sleeping accommodation and may include permanent staff quarters, but does not include any other establishment otherwise defined or classified in this By- law." 4. By-law No. 1988-1, as amended, is hereby further amended by deleting Section 2.67 of Section 2, Definitions, and replacing it with the following: "2.67 "Retail Warehousing" shall mean a building or structure or portion thereof having a minimum of 232 square meters (2500 square feet) wherein goods, wares, or merchandise are offered for sale at retail, including a food store." 5. By-law No. 1988-1, as amended, is hereby further amended by adding the following zone to the list of zones identified in Section 3.1, Classification of Zones: "C6 Business Park" .../2 2 Comprehensive Zoning By-Law Amendment 6. By-law No. 1988-1, as amended, is hereby further amended by deleting the title of Section 6, plus the first paragraph of that Section and replacing it with the following: "SECTION 6 - COMMERCIAL ZONES - CL C2, C3, C4, C5 AND C6 In any Commercial Cl, C2, C3, C4, C5 and C6 Zones, no person shall use any building, structure or land nor erect any building or structure except in accordance with the following provisions:" 7. By-law No. 1988-1, as amended, is hereby further amended by adding the following new subsection to Section 6, Commercial Zones: 6.6 BUSINESS PARK "C6" 6.2.1 Permitted Uses · A business or professional office · A retail warehouse · A public utility · A research & development facility · A computer & electronic processing establishment · A scientific or technological establishment · A communication and information establishment · A business or government service · A recreation facility oriented to fitness · A kennel · A veterinary clinic · A commercial college or school · An automotive sales establishment · An automotive services establishment · An autobody repair shop · A motel · A building supply centre · A farm implement establishment · A light manufacturing, processing or assembly operation, (but not including a junk salvage, scrap or wrecking yard, an abattoir or meat packing plant or an offensive trade as defined by the Public Health Act) · A retail store involving the sales and service of heavy machinery and factory equipment · A cartage, express truck transport terminal · A contractor's or tradesman's shop · A dry-cleaning establishment · A fuel storage tank or supply yard · A laundry shop · A nursery and greenhouse · A equipment rental establishment · A municipal service garage, warehouse or storage yard · A parking lot · A printing or publishing plant · An office, retail, wholesale, or service outlet accessory to a permitted use · A service shop · A warehouse and/or commercial storage · A manufacturing, servicing, or repair of marine and boating equipment · A banquet hall or club house · An accessory use 6.2.2 Zone Regulations for Business Park 1) 2) 3) 4) 5) 6) 7) 8) Lot Area (Minimum) Lot Width (Minimum) Front Yard (Minimum) Exterior Side Yard (Minimum) Interior Side Yard (Minimum) Rear Yard (Minimum) Building Height (Maximum) Minimum Yard When Abutting A Residential Zone Minimum Yard When Abutting Highway #9 or #21 1850 square metres 30.0 metres 15.0 metres 15.0 metres 6.0 metres 15.0 metres 15.0 metres 30.0 metres 9) 45.0 metres 3 Comprehensive Zoning By-Law Amendment 10) Open Storage - The open storage of goods or materials shall be permitted provided that: i) Such open storage is accessory to the use of the main building on the lot; ii) Such open storage complies with the yard requirements of this Section; iii) Such open storage does not cover more than 15% of the lot area nor exceed the gross floor area of the main building on the lot; and, iv) Any portion of the area used for open storage where it does not adjoin the outside wall of the building is concealed from view from the street by a fence or wall. Notwithstanding the above, where a building is divided into a number of different industrial units, each unit may have one designated storage area, either in the side or rear yard of the main building, provided that the total area of open storage on the site does not exceed 15 percent of the gross floor area of the main building and meets all other requirements of this By-law. 11) Planting Strips - Planting strips shall be required between any permitted use, parking area, or open storage area and adjacent roads in accordance with Section 4.13. Notwithstanding section 4.13, when abutting a residential zone, such planting strips shall have a minimum width of 30 metres and shall be stocked with mature coniferous and deciduous trees. 12) 13) Loading Space - Off-Street Parking - (Refer to Section 4.10) (Refer to Section 4.12) 6.2.3 SPECIAL PROVISIONS 8. For those lands identified as being within the "C6-h' zone, Council may consider removing ofthe'-h', in accordance with the Planning Act, RS.O. 1990, once it is satisfied that the policy requirements of the Official Plan have been met, that all servicing and traffic related issues are addressed, and that a site plan agreement has been entered into. 9. Schedule "A" to By-law No. 1988-1, as amended, is hereby further amended in accordance with Schedule "A" attached hereto and forming part of this By-law. 10. 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, RS.O. 1990. 11. This By-law shall be cited as the "Business Park (The Annex) Rezoning, By-law". READ a FIRST and SECOND time this 2ih day of January, 1999. READ a THIRD time and FINALLY PASSED this 3rd day of February, 1999. Mayor Clerk , -- . !- - . .- :ft ~: : ~, --- ~ ~,.,,~ -- .._--~ ~.<) ~ ~l__ ~····-·l iJ ....- -----." _... -...n.J ..... .' ....... '1' n., I 1& .- I; SCHEDULE "A!I LOT I, CONCESSION I. SD.R TOWN OF KINCARDINE ¡ O\N!'J~-:;'!!p ()F" v:¡r~;=.:h.f~I)!r'l[ -g i I 0:::1 °1 (/), ~I I u' z· 0' u~ I i ,. i r-····'/ ./ /"'. ../ / wf'T....... ~-_.......~ /. . ..-..ø/ /~_.-- ./,,,-_. .-- SUBJECT PROPERïY APPliCANT: KINCARDINE LANDS TO BE REZONED TO "C6-h . BUSINESS PARK COMMERCIAL" LANDS TO BE REZONED TO "OS - OPEN SPACE" lANDS TO BE REZONED TO "RI - RESIDENTIAL" LANDS TO BE REZONED TO "H - HAZARD" SCHEDULE "A" THIS IS SCHEDULE "A" TO BY·LAW 1999-10 PASSED THIS OF FebrUarY~, 19~99 MAYOR ç;£.__ ..-:: CLERK Q~ v-a. \.-"'. '~I 1r'; DAY APPLICATION: Z·67·98 DATE: IANUARY 1999 ~ -,"""" - -- -, . ~ WrnfE, DUNCAN, OSTNER & LINTON Barristers and Solicitors WILLIAM H. WHITE. a.c. J. DAVID LINTON DAVID M. STEELE IRWIN A. DUNCAN DARRELL N. HAWRELlAK STEPHEN D.E. WALTERS ALBERT L. OSTNER WIllIAM J. POULOS August 16, 1999 File #028071 SENT BY FAX TRANSMISSION and Regular Mail Mr. John deRosenroll Administrator Township of Kincardine-Bruce-Tiverton 707 Queen Street Kincardine, Ontario N2Z 1 Z9 Dear Sir: BIA APPEAL P.O. BOX 457 45 ERB STREET EAST WATERLOO. ONTARIO N2.l486 TELEPHONE, 1619) 886-3340 FAX, 1619) 886-8861 \ \~-:;--...... 6"1 1.Lï.Ll.i~ '''''1:)\ ,,~ ~... '<'"~9\ c::. \~ ,.-- \ ~ ~- \ ~a- f,\ . .;e . ~. 'ë! - . . -1(.' ~ 4r¡...., ". ~H~,: ".. We are pleased to forward, for your safekeeping, a copy of the Board's Memorandum of Orai Decision issued on August 12, 1999. As you are aware, By-law 1999-10, as amended by Exhibit 6, excluding Section 4 thereof, has been in force as of July 29, 1999. Yours very truly, WHITE, DUNCAN, OSTNER & LINTON Per: A. L. OSTNER ALO:ct Enclosure cc: Mr. Chris LaForest + Enclosure - by fax ~/ ,; / C~ O/~ /rJ ~ 7f ....--- ~c.~ ~ '---""" f? (">L?-{~~_V,(... _."1#- ....- . ISSUE DATE: Aug. 12,1999 ~ ~ Ontario Ontario Municipal Board Commission des affaires municipales de l'Ontario The Kincardine Business Improvement Area Association has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 1999 -10 of the Township of Kincardine-Bruce-Tiverton OMB File No. R990059 PL990235 DECISION/ORDER NO: 1517 APPEARANCES: Parties Counsel Township of Kincardine-Bruce-Tiverton A. Ostner Kincardine Business Improvement Area Association J. Smith MEMORANDUM OF ORAL DECISION FROM A PREHEARING CONFERENCE HELD JULY 29,1999. DELIVERED BY N. C. JACKSON AND ORDER OF THE BOARD . - This second prehearing conference was scheduled to hear 4 motions emanating from the first prehearing. The Board was advised, however, that the 4 motions were abandQned and that a settlement requiring amendments to the proposed zoning bylaw would be brought before the Board. The Board heard professional planning evidence from Christopher Laforest, a senior planner with the County of Bruce planning department. A lengthy planning exercise, involving annexation, plant closure, commercial analysis respecting the lack of commercial propertyfordevelopment, a strategic plan promoting economic development arid protection of the downtown core, culminated in the adoption of Official Plan Amendment 9. This amendment in effect for the subject property at the comer of highways 9 and 21, designates such lands as business park. Light industrial and highway commercial uses were permitted. Certain controls were prpposed to minimize any negative impact on the downtown core. The Township following servicing study and transportation analysis, passed Bylaw 1999-10 as an amendment to it's comprehensive zoning bylaw. This bylaw now before the Board as a result of an appeal by the Kincardine Business Improvement Area Association, among other matters rezones 45 acres of lot 1,concession 1 from restrictive agriculture to Business Park Commercial Holding. Proposed amendments to bylaw 1999-10 now put forward supported by the Township and the Appellant in the form .......-- , -2- PL990235 .. of exhibit 6 require that additional considerations apply prior to the lifting ofthe "H"from the Zoning Bylaw .The Bylaw had required consideration of policy requirements of the OP, servicing, traffic and site planning, and now will involve a market analysis for retail warehousing uses. The effect of the amendment is to give the appellant and others an opportunity to review such analysis and to comment on it to the municipality prior to the lifting of the H. The Board reviewed with the parties and the planner the workability of the amendments and in particular the exception for a new business not currently represented in the community and is satisfied that the parties have resolved matters in a manner that represents good planning and is in the public interest. The parties in a credible manner have recognized the changes associated with new format retailing and made use of mechanisms available under section 36 of the Planning Act to provide the Appellant and others with a role in the planning process for the future. Based on the evidence from the planner the Board is satisfied that there is a foundation in the Official Plan in effect, to provide for market considerations prior to the lifting of the H. In addition, the mechanisms proposed in the zoning amendments in exhibit 6 for the lifting of the H are appropriate in the circumstances. . With the amendments of exhibit 6 the Board finds that Bylaw 1999-1 0 as amended, conforms with and implements the recently approved Official Plan Amendment 9.The Board is satisfied that no further notice is necessary. The amendments have in a meaningful manner involved two public bodies in dialogue and resulted in a more detailed and restrictive document. The Board therefore allows the Appeal to the extent necessary to give effect to the amendments in exhibit 6.Section 4 of exhibit 6, the effective date of the draft amending bylaw is not necessary when the Board amends and is struck. The Board amends Bylaw -1999-10 in accordance with exhibit 6, excluding section 4 thereof. Bylaw 1999-10 as amended is approved of and the Appeal otherwise dismissed,. The Board so Orders. "N. C. Jackson" N. C. JACKSON MEMBER