HomeMy WebLinkAboutKIN 96 001 Amend Official Pl #7
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1996-1
A BY-LAW TO ADOPT AN AMENDMENT TO THE OFFICIAL
PLAN OF THE TOWN OF KINCARDINE
WHEREAS a request has been made to the Council of the
Corporation of the Town of Kincardine that the Explanatory Text
constituting Amendment No. 7 to the Official Plan of the Town
of Kincardine, be adopted by the Council in accordance with the
provisions of the Planning Act R.S.O. 1990.
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. That Amendment No.7 to the Official Plan of the Town of
Kincardine consisting of the Explanatory Text is hereby
adopted.
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That the Clerk is herby authorized and directed
application to the Ministry of Municipal Affairs
approval of the forementioned Amendment No. 7
Official Plan of the Town of Kincardine.
to make
for the
to the
3. This by-law shall come into full force and effect upon
approval of the Ministry of Municipal Affairs.
4.
This by-law may be cited as the "Official Plan Amendment
No. 7 By-law".
READ a FIRST and SECOND time this 20th day of July, 1995.
READ a THIRD time and FINALLY PASSED this 4th day of January,
1996.
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Mayor
Clerk Administrator
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AMENDMENT NO.7 TO THE
TOWN OF KINCARDINE OFFICIAL PLAN
Amendment Number 7
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to the
Official Plan
for the
Town of Kincardine
This amendment to the Official Plan for the Town of
Kincardine. which has been adopted by the Council of the
Corporation of the Town of Kincardine. is hereby approved in
accordance with the provisions of the Planning Act, 1990, as
Amendment Number 7 to the Official Plan for the Town of
Kincardine.
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Date:
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AMENDMENT NO.7 TO THE
OFFICIAL PLAN OF THE
TOWN OF KINCARDINE
.!ill1ex
PART A . THE PREAMBLE
PURPOSE
LOCATION
BASIS
PART B - THE AMENDMENT
PART C - THE APPENDICES
APPENDIX I -
APPENDIX II -
APPENDIX III -
APPENDIX IV -
CERTIFIED COPY OF BY-LAW Nd.996-1 ADOPTING THE
AMENDMENT
STATEMENT OF MUNICIPAL EMPLOYEE REGARDING PUBLIC
NOTICE
TRUE COPY OF ALL SUBMISSIONS RECEIVED PRIOR TO
ADOPTION OF THE AMENDMENT
TOWN OF KINCARDINE COMMERCIAL AREA STUDY
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V.
· PART A - THE PREAMBLE. does not constitute part of this Amendment.
PART B - THE AMENDMENT consisting of the following text constitutes Amendment No.
7 to the Official Plan for the Town of Kincardine.
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PART C - THE APPENDICES. do not constitute part of this Amendment. Appendix I is a
certified copy of the by-law adopting this amendment. Appendix II contains the statement
of municipal employees regarding public notice, Appendix III is a true copy of all
submissions received prior to adopting the amendment and Appendix IV is the Town of
Kincardine Commercial Area Study.
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PART A . THE PREAMBLE
· Purpose
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The purpose of this Amendment is to enact the policy recommendations of the Town of
Kincardine Commercial Area Study as they relate to the Town of Kincardine Official Plan.
Location
This Amendment has implications for a large amount of land within the Town of Kincardine.
Specifically. all lands designated commercial in the Official Plan. as well as those lands
surrounding the commercially designated portions of the Town will be effected.
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The Town of Kincardine is one of the largest urban municipalities within the County of
Bruce and will continue to be one of its fastest growing centres over the next 10 year
period. With this in mind. the community leaders must ensure that the Town is prepared
to meet the demands which will be placed upon it during the coming decade. Of particular
interest is the Town's ability to provide for the continued growth and enhancement of its
commercial base.
The Council of the Town of Kincardine commissioned a Commercial Area Study in August
of 1991 to review the present commercial policies of the Town of Kincardine. the
availability of vacant and redevelopment commercial lands, and the adequacy of the
existing parking facilities. This review was to be carried out with the intention of developing
a new Commercial Strategy for the Town of Kincardine which would ensure a competitive
environment in which commercial development could continue to flourish.
The "Kincardine Commercial Area Study" focused on those lands which were in one of the
three commercial designations within the Town's Official Plan - General Commercial.
Highway Commercial. and Resort Commercial. Special attention was given to the Town's
"Downtown Commercial Core" because of the concentration of commercial operations in
this area.
The Study was comprised of three distinct components: Commercial Areas and Policy
Review. Commercial Business Survey and Downtown Parking Review. These three
components constituted a comprehensive review of the commercial base of the Town of
Kincardine and provided the background information necessary for a new Commercial
Strategy.
A number of factors were at work in stimulating the commissioning of the Commercial Area
Study. The last comprehensive review of Town of Kincardine's commercial base was
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conducted in 1978. resulting in a report entitled "Kincardine Downtown and Harbourfront
Revitalization". This report outlined a number of recommendations for the then future
development/redevelopment of the Town's harbourfront and downtown commercial core,
as well as a parking plan for the downtown commercial core. Many of these
recommendations were carried out by the municipality and private developers to the
benefit of the community.
The 1978 Study recognized that with the "imminent completion of the Highway #21 By-
pass" there was a "need to ensure that the Downtown and Harbourfront were strong
attractions to the surrounding area. as well as to the passing tourist". At the time of the
Study. eleven years had passed since the completion of the by-pass and a review of its
impact on the commercial fabric of community was considered appropriate.
It became apparent through the update process of the Town's Official Plan in 1987 that
there was a need for a comprehensive review of the commercial development policies of
the community to ensure they reflected the present reality of the By-pass and were
capable of addressing the development pressures of the next decade. This type of
comprehensive review was deemed beyond the scope of the Official Plan update process.
As a result, an independent commercial study following the general update of the Official
Plan was recommended. Such a study should suggest necessary changes to the existing
commercial development policies and standards of the Town.
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In 1989. the Town of Kincardine established a "Community Improvement Plan". Through
this exercise a number of initiatives were identified as important to the economic strength
and diversity of Town's economy and the Downtown Commercial Core. It was recognized
that a number of the commercial development initiatives have an impact on the commercial
policies of the municipality.
Most recently, the Town of Kincardine completed their "Waterfront Development Plan".
Specific recommendations within this report attempt to strengthen pedestrian linkages
between the commercial downtown core and the waterfront. The report suggested a
commercial area along the east wall of the harbour basin, providing commercial
opportunities which would compliment and support the downtown area. The report also
stressed the need to formally recognize such recommendations within the Town's planning
documents.
Two additional factors stimulated the Commercial Area Study. First was the growing
perception that a parking problem exists in the downtown commercial core. The fact that
downtown parking had not undergone a comprehensive review since the 1978 Downtown
Study was a concern.
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Secondly. it was widely recognized that the Town has very little vacant commercial land
available for new businesses. It was feared that the Town was losing new businesses to
other communities which have a readily available supply of vacant commercial land.
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The Town of Kincardine Commercial Area Study was reviewed by the Town's Industrial
and Commercial Committee and later approved by the Town Council. This amendment
is designed to implement the recommendations of the Town of Kincardine Commercial
Area Study. as they apply to the Official Plan. There is a corresponding amendment to the
Town's Comprehensive Zoning By-law 1988-1.
Specifically, this amendment is designed to introduce the concept of shared use parking
into the Official Plan, establish development policies for shopping centre type development
and expand the boundaries of various commercial areas within the Town of Kincardine.
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PART B - THE AMENDMENT
· INTRODUCTORY STATEMENT
All of this part of the document entitled Part B - The Amendment consisting of the following
text constitutes Amendment NO.7 to the Town of Kincardine Official Plan.
DETAILS OF THE AMENDMENT
1. Schedule "A" 'Land Use Plan' to the Town of Kincardine Official Plan is hereby
amended by redesignating those lands shown on Schedule "A" to this Amendment
from Industrial to Highway Commercial. Residential to Highway Commercial. and
Hazard Land to Resort Commercial.
2. The Town of Kincardine Official Plan. as amended. is hereby further amended by
adding the following new subsection to Section 02.5.6. General Commercial
Policies:
"02.5.6.1
Shared Use Parking may be considered. through an amendment to
the Comprehensive Zoning By-law. within areas designated General
Commercial. Shared Use Parking is based on the assumption that a
parking space may be used in certain instances to serve two or more
individual land uses without conflict or encroachment.
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This technique is intended to lessen the duplication of parking supply
and to optimize the use of existing and new parking facilities for mixed
use developments/redevelopments. The use of shared use parking
should be limited to mixed use developments located on the same
property. This technique is not intended to be utilized by two or more
uses located on separate lots.
Shared use parking only works for developments which meet certain
criteria. Careful analysis should be undertaken before shared use
parking is considered. The following guidelines should be followed
when assessing and implementing shared use parking:
a) Each parking space should be useable by all parkers, i.e. no
restrictions;
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b)
The facility should accommodate significant in-bound and out-
bound traffic flow at one or more periods of the day. The
design of the access and the circulation system should be
easy to understand and use;
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c)
Because of the variety in types of parkers (business, daily vs.
infrequent. shoppers. visitors. recreational etc.) the facility
should have effective signage. markings and other
communication tools;
d) Thought should be given to enforcement of parking times for
on-site visits. since the facility will be affected by parkers who
overstay their limits;
e) A strategy should be developed in order to guide parkers to all
spaces in the facility. The strategy should also consider
separation of parkers who tend to compete for space
(shoppers and matinee movie goers); minimum walking
distance to those land uses having a captive market;
f) Shared parking can be used as a development tool."
3. The Town of Kincardine Official Plan. as amended. is hereby amended by adding
the following new subsection to Section 02.5, General Commercial Policies:
"02.5.10
The following policies shall apply to Shopping Centre type development.
Shopping Centre type development includes any group of commercial uses
permitted within the General Commercial designation which is owned and/or
operated as a unit.
a) All proposals for new Shopping Centre Commercial development shall
require an amendment to the Zoning By-law. The Kincardine BIA and
Chamber of Commerce shall be given formal notice of all such
proposals at the time of Zoning By-law Amendment.
b) Shopping Centre Commercial development should only be permitted
if:
i) it is demonstrated in a market analysis study that the additional
retail floor space is justified by reason of changes in
population. personal disposable income. retail sales per capita
and existing retail floor space;
ii)
it is demonstrated in an economic analysis study the proposed
centre will not have a long term detrimental effect upon the
existing commercial base of the downtown commercial core.
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c) In order to facilitate the review of Shopping Centre Commercial
proposals, the following information should be supplied supplemental
to a proposed Zoning By-law amendment:
· i) a general review of the location. size and type of other
commercial areas within the market area;
ii) a breakdown of the amount of floor space to be devoted to
food shopping, department store type merchandise and to
ancillary services;
iii) gross floor space of the proposed development;
iv) a survey of customer shopping patterns which is used as a
bas.is for forecasting the centre's share of the market;
v) a study of the impact of the proposed development on existing
commercial areas and an estimate of their anticipated recovery
period from this impact; and.
vi) a study of the impact of the new centre on the existing roads.
· d) Site design considerations for Shopping Centre Commercial uses
should include:
i) Adequate buffer planting or fencing shall be established
between the Shopping Centre and adjacent residential land
uses. It shall be the responsibility of the Shopping Centre
developer to provide and maintain the required buffer.
ii) Adequate off-street parking shall be provided.
iii) The design and appearance of buildings, including exterior
materials. siting. location. landscaping. exterior lighting and
signing shall not detract from other surrounding land uses.
iv) The lot size shall be adequate for the proposed development.
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v) Proposals for Shopping Centre development shall be subject
to Site Plan Control under Section 40 of the Planning Act and
. the developer shall be required to enter into an agreement with
the Municipality as a condition of Site Plan approvaL"
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The Town of Kincardine Official Plan. as amended is he,rþy further amended by ^
following paragraph to Section D2.3(d). Resort Commercial Uses:
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"On lands referred to as the Kincardine Harbour. and designated "Resort
Commercial". the following uses related to the waterfront. such as marinas,
restaurants, recreational facilities and specialized retail uses shall be
permitted, provided the comply with the "Town of Kincardine Waterfront
Development Plan."
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SCHEDULE · A'
TO
. AMENDMENT NO. 7
TO 11£
TOWN OF KINCARDINE
OFFICIAL PLAN
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LANDS TO BE REDESIGNATED
FRO" 'HAZARD' TO" 'RESORT
COMMERCIAL'
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SCHEDULE · A'
TO
. M1ENDMENT NO. 7
TO 11£
TOWN OF KINCARDINE
OFFICIAL PLAN
t: = =1 SLeJECT LANDS
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