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Home My WebLink About03 122 site plan ackert e e e e THE CORPORATION OF THE MUNICIPALITY OF KlNC BY-LAW NO. 2003 -122 A BY·LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN A REEMENT WITH (Nancy Elizabeth Ackert) I WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Se~ion 41, municipalities to enter into Site Plan Agreements; ! authorizes , ! AND WHEREAS the Council for The Corporation of the Municibality of Kincardine deems it advisable to enter into a Site Plan Agreement with Nancy ~lizabeth Ackert.; , , NOW THEREFORE the Council for the Corporation of the Municipality of Kincardine ENACTS as follows: ! I , , That The Corporation of the Municipality of Kincardine e1er into a Site Plan Agreement with Nancy Elizabeth Ackert to ensure appropr ate development of those lands described as Part of Lot 31, Concession "A", To nship of Kincardine (now Municipality of Kincardine), County of Bruce as bei g more particularly described in Schedule "A" of the attached Site Plan Agreeme"'t. ! That the Mayor and Chief Administrative Officer be authoriz~d to sign, on behalf of The Corporation of the Municipality of Kincardine the agreement with Nancy Elizabeth Ackert., which is attached to this By-law and to affix the corporate seal as and when required. I ! This By-law takes effect from the date of passage by Co~ncil and comes into force and effect pursuant to the provisions of the Planning Aït, 1990. 4. This By-law may be cited as the "Nancy Ackert Site Plan Agfement By-law." READ a FIRST, SECOND and THIRD time and DEEMED T~ BE PASSED this 20th day of August, 2003. I 1. 2. 3. yor . - .. L 4. at~rovInce ~On"'rio - 037al~3 . CERTIFICATE OF REGISTRATION eRUCE (3) WALKERTON '03 SEP 10 Al'Ill 56 J!!!::::.RJ LAHO REGfST~ New Ijroperty Identifiers Additional: See Schedule Exe~tlons Additional; See Schedule (8) This Oocument provides as follows: Document General Form 4 Land Istration Reform Act Do Process Software Ltd. . (416) 322-6111 D (1) Registry !XI (3) Prope...· IdenUiJ::r(s) Land Titles 0 (2) Page 1 of 10 pages Property Block Additional: See 0 Schedule (4) Nature of Document Site Plan Agreement - S.41(10) Planning Act (5) Consideration NONE Dollars $ (5) Description Part of Lot 31, Concession A, Township of Kincardine (now Municipality of Kincardine), County of Bruce more particularly described as follows: Firstly: Part of said Lot 31, being Part 2 on Reference Plan 3R-7767 TOGETHER WITH a right-of-way for persons and vehicles over that part of said Lot 31, being Part 3 on Reference Plan 3R-2417 Secondly: Part of said Lot 31, being Part 3 on Reference Plan 3R-7767 Thirdly: Part of said Lot 31, being Part 4 on Reference Plan 3R-7767 o o (7) This Document Contains: (a)Redescription New Easement 0 Plan/Sketch (b) Schedule for: Description 0 Additional Parties 0 Other !XI Sill~ Agreement attached hereto as pages 2-10. (9) This !Jocumen! relates to Instrument number(e) (10) Pa lea) (Set out Slalus or Interest) Naß1S(s) Continued on Schedule [XI :i9-QRr.QMJ.J:QN.QF..1J.J.K.................................................. ..m.....n.t!~MJ.:r.¥...º¥.JºJ~IJ:~@;mm...m........nmmm.m....n þ..Y..j!~.$.9.!j~Itº.r~9x.;m!P.!!.K..MII.!!º.9.!!....................mmmmm....mm ... ...... . ~mG:l:~.Ln~·......t·m7.ºº·~..!..º9.·I·º·3 (11) Addless forleNlce (12) Pa~lea) (Set out Slalus or Interest) Name(s) c/o 313 Lambton Street, Kincardine, Ontario N2Z 2Y8 Signalure(s) Date of Signalure Y M D · .. ..-.....-.........................-.....-..-..-..-.....-.........................-............................... · .. · .. · .. · .. · .. · .. · .. · .. · .. n_n_....n............_...............................................................nn.nn..._nnn~n_n.. · .. · .. · .. · .. · .. · .. · .. · .. · .. · .. ......................................................................_....._.._....n...nn..._.........~....... · .. · .. · .. · .. · .. · .. · .. · .. AÇp;).I,.N.ª!!~Y-.K!Þ..ªÞ.!!!þ..m.mmmmmmmm......m....mmmm....m (~!!!!tL...........................m...........nmmmmmmm......mn..mn.mmnnm I ! ........m..+....mmmmmnnmn..nm..nmnn.....nm.m..m.......n..........m............. (13)~.s for8ervtce lpel Address of Property R.R. 5 Kincardine, Ontario N2Z 2"6 R.R. 5, Kincardine, Ontario N2Z 2X6 (15) Documen! Prepared by: Total Graham E. Mahood MAHOOD & DARCY 313 Lambton Street KincardIne, <>ntario N2Z 2Y8 Fees and Tax Regislration Fee Documenl prepared using Form1- WaN LandForms . - . . SITE PLAN AGREEMENT day of .4"'jU~r ,2003. This AGREEMENT made this BETWEEN: ;;2ð4l.. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- NANCYEL~ETHACKERT hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that she is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement; AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the Municipality has enacted a Site Plan Control Area By-Law pursuant to the provisions of Section 41 of the Planning Act, R.S.O., 1990, c.P. 13, as amended. AND WHEREAS the covenants. agreements, conditions and understandings herein contained on the part of the Owner and the Party of the Third Part, if any, shall run with the land and shall enure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns, as the case may be, and shall be appurtenant to the adjoining highways in the ownership of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: PART A - GENERAL PROVISIONS 1. The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of those lands described in Schedule "A" to this agreement and the lands affected by this agreement are as described in Schedule "A" to this agreement, hereinafter called the "subject lands". 2. The Owner hereby releases the Municipality, its servants, agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement. 3. The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce against the "subject lands". . .. 2 · · · .' Page 2 Site Plan Agreement 4. The Owner will at all times indemnify and save harmless the Municipality on a solicitor and client basis from all loss, costs and damages which the Municipality may suffer, be at or be put to, for or by reason of the execution of this agreement. The Party of the Third Part joins herein to consent hereto and to bind its interest in the lands hereto. 5. The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses. 6. Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements. 7. The Owner hereby grants to the Municipality, its servants, agents and contractors a license to enter the "subject lands" for the purpose of inspection of the works and the ·subject lands" or for any other purpose pursuant to the rights of the Municipality under this agreement. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 8. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule "8" attached hereto, which shall hereinafter be referred to as the "approved site plan". 9. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "C" attached hereto. 10. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the Municipality shall issue a certificate of compliance. "Certificate of compliance" shall mean a statement of the Municipality as to the substantial completion of the works, matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements, regulations, or by-laws, and the Municipality shall not be stopped from pursuing any or all of its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality's requirements, regulations or by-laws which relate to the subject lands. 11. The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a certificate of compliance will not be issued until such work necessary to complete the development is done, and that until such certificate of compliance has been issued, in the event that the prescribed time period has lapsed, the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the "subject lands". b) 12. All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at its sole risk and expense and the Owner agrees the "subject lands" will not impede or prohibit performance of the maintenance provided for in this agreement. .. .3 Page 3 Site Plan Agreement . 13. The Owner agrees to maintain in good repair and at its sole expense the "subject lands" in confonnity with the provisions of Schedule "S" (approved site plan) and Schedule "CO (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall confonn with the requirements of this agreement as it applied to the original development. . .' . 14. The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at its sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality, the Municipality may perfonn such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act, RS.O., 1990, c.M. 45, as amended. 15. The Owner agrees to do the following: (Lands described in Schedule "A") a} to dedicate to the Municipality, free and clear of all encumbrances, all Easements and lands required by the Municipality for the construction, maintenance and improvement of any existing or newty required watercourses, ditches, land drainage works and required watercourses, ditches, land drainage works and sanitary sewage facilities on the land and, on request by the Municipality, to deliver the properly executed documents in a fonn that can be registered, to the Municipality in order to complete the dedication to the Municipality and to pay all costs incurred by the Municipality in respect to the aforementioned dedications; b) to, where required by Municipal resolution, dedicate to the Municipality widening of highways that abut on the land described in Schedule "A" attached hereto. free and clear of all encumbrances. . .. 4 · · · · Page 4 Site Plan Agreement PART C - DEFINITIONS 16. In this Agreement and the Schedules attached hereto: i) "Building Area" shall mean the only area upon which the erection and use of buildings and structures shall be pennitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and omamental shrubs, flowers and trees and may include space occupied by paths, walks, courts, patios but shall not include parking areas, traffic aisles, driveways and ramps. iii) "Lot Owner" shall mean the Present Owner or their heirs, executors, administrators, successors and assigns of the Present Owner with respect to such Lot. iv) "Lot" shall mean anyone of the three parcels of land described firstly, secondly or thirdly in Schedule "A" hereto. v) "Parking Area" shall mean the areas of open space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area, and which shall be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles. vi) "Natural Open Space" shall mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance, but shall not include areas of outside storage, parking areas, traffic aisles, driveways or ramps, or Building Area. Natural Open Space areas shall be subject to the requirements of the Maintenance and Occupancy (Property Standards) By-Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by-laws. Areas of Natural Open Space may include areas of Landscaped Open Space. · · · . Page 5 Site Plan Agreement 17. The Owner intends to sell each of the Lots. Upon the sale of any Lot, the selling Lot Owner shall cease to be liable under this Agreement with respect to that Lot but the Agreement shall continue to be enforceable against the subsequent Lot Owner. This paragraph shall supercede all items in this Agreement. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hand of its ~ayor and Chief Administrative Officer this ;::;.5#-.. day of Aljusr 2003. The parties have hereunto set their hands and seals this ;:;2 ð +/... day of A """::1'-,s"- , 2003. SIGNED, SEALED AND DELIVERED in the presence of J)~ .J "Ñ'<" (~L Witness ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE cid~; - ~ \..,. L ~'2<:;Æ:).Jf/ Chief Administrative Officer - John deRosenroll · SCHEDULE "A" Parts of Lot 31, Concession A, Township of Kincardine (now Municipality of Kincardine), County of Bruce, more particularly describes as follows: FIRSTLY Part of said Lot 31, being Part 2 on Reference Plan 3R-7767. (Lot D) TOGETHER WITH a Right-of-Way for persons and vehicles over that part of said Lot 31, being Part 3 on Reference Plan 3R-2417 SECONDLY Part of said Lot 31 being Part 3 on Reference Plan 3R-7767. (Lot B) · THIRDLY: Part of said Lot 31 being Part 4 on Reference Plan 3R-7767. (Lot C) · . · · · . SCHEDULE "Boo The "approved site plan" shall be the plan drawn by the Owner and marked as the "approved site plan". signed by the Municipality's Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner. This "approved site plan" shall be filed with the Municipality's Chief Administrative Officer. · · · · SCHEDULE"C" SITE DEVELOPMENT REQUIREMENTS 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be December 31,2010. 2. The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality. 3. The Owner agrees to ensure during development of the "subject lands" that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water, and the Owner agrees to abide by any request of the Municipality's Chief Building Official or Engineer in this regard, acting reasonably. 4. The Owner agrees to install temporary fencing or otherwise adequately protect all trees, shrubs and other vegetation which are to be retained, and such fencing shall be located not closer to any trees than the drip line of such trees, and the Owner agrees to abide by the requirements of the Municipality's Pubic Works Manager in this regard, acting reasonably. 5. The Owner agrees that any internal driveways which are necessary for, and designated as, a fire route shall be so designed so as to carry the weight of the Municipality's fire fighting equipment. 6. The Owner agrees to appropriately and properly finish all lands lying between the "subject lands" and any and all abutting streets, which, without limiting the generality of the foregoing shall include the following: i) landscaping of lands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod/seed. ii) installation of driveways of proper width and grade from the street line to the property line with asphalt, concrete or other hard surfacing acceptable to the Municipality's Engineer. iii) removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above. 7. The Owner agrees to obtain a building permit from the Municipality of Kincardine. 8. The Owner agrees that all driveways and parking areas as indicated on the "approved site plan" shall be surfaced with asphalt, cement, or other hard surfacing acceptable to the Municipality's Engineer. 9. The Municipality's Chief Administrative Officer may agree in writing to minor variations to provisions of this agreement. Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement. 10. The owner agrees to rectify the deficiencies as noted in CAO Report #2003-29 attached as Schedule 'D' to this By-law. 11. Prior to a building permit being issued, the applicant must secure approval from Saugeen Valley Conservation Authority. This approval shall include a review of the building location and grade with respect to environmental issues (Environmental Protection Zones). · 12. All Lots contained in the Site Plan shall be connected to the Municipal trunk water main (estimated completion date is May 7,2004). · · . , , . , '"' .! . . Schedu1e "D" Page 1 MUNICIPALITY OF KINCARDINE REPORT TO COUNCIL REPORT CODE NO. CAO-2003-29 Date: August 7,2003 Subiect: Site Plan Approval- Nancy E. Ackert. Analvsis of Subiect: Pursuant to the Site Plan Control By-law, the following actions must be taken prior to Council approving the above-noted Site Plan request. Process Result 1. Application with fee provided to the municipality. Done 2. Mandatory agency circulation for review and comments (see attachments). Done 3. Review by the Planning committee August 11, 2003 4. Site Plan adherence with policy requirements of the Official Plan and servicing and traffic related issues. Done 5. Site Plan Agreement. CDuncil to deliberate August 13, 2003 August 20, 2003 6. Municipal By-law - l't, 2nd & 3m Readings 7. Register the Site Plan Agreement on Title September, 2003 The applicant Dwns property located at Lot #31, Concession A, in the fonner Township of Kincardine. The applicant proposes to sever three new residential lots, each lot having an area of approximately 0.49 hectares (1.22AC). The lands to be severed are vacant. One of the conditions of the County severance is that the application is subject to Site Plan Control. The Site Plan is applicable for future residential dwellings, re: drainage, grading, driveways, etc. ~ . ~ . . . Schedule ''D" Page 2 Available Options: 1. Approve the Plan. 2. Ask for additional changes to the Site Plan. 3. Do not approve the Site Plan Application. Preferred Option: Since the various agencies and the County Planning Department have successfully reviewed the proposed Site Plan, it is recommended that Option #1 be selected. Financial Imoact: None CAO Comments: Since this application has met the provisions of the Official Plan and Zoning by- laws, it is recommended that site plan approval be granted. Please note that the applicant has met with the C.A.O. and received comments from the agencies and is in agreement with them. Attachments: 1. Lot Grading Sketch 2. Correspondence from Chief Building Official, Michele Barr 3. Correspondence from County of Bruce Planning & Economic Development Department Leah Andrews, Planner 4. Correspondence from Public Works Manager, Jim O'Rourke 5. Correspondence from Fire Chief, John Wall 6. Correspondence from Saugeen Valley Jo-Anne Harbinson, Environmental Planning Technician 7. Correspondence nom B M Ross and Associates Limited B. W. Potter, P. Eng. Submitted by: -:5:/,- ~ 2~~J¿ John deRosenroll JdRlek 3: IT! -I ::tJ o ~! 111& Ii ...~ ";! à; !U PAcT 1 ~I· I " . r...A.:': -:'" '" I _ . W"-':41;;~ -----___ I -- j ------ - - þ.... -_r-- . ""T ;; '?'A" ". ì . i. ..... .ftr~ ")/1'" .~..: I J o :a 1> Z J> r " o J> o ~ '" ~ f § ~. i ~r .. 102.105 I ~ W. @\ .\ "i~ \ l t~ ..l~ .~~. ~"~ . .~~ II I i! ~¡ i~ .. ~ ::¡ :!; ¡; .. II .. .. :E ", .. 2 r o .. .. .. o J> 2 o !!! si ~\'¡ ~ª '" .~~ !II" ...;¡¡ !I! 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