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HomeMy WebLinkAbout07 060 Amend zoning by-law no. 2003-25-Mystic Cove Dev, pt lt 57 & 58 . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2007 - 060 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Mystic Cove Developments Inc., Susan K. Pryde, and Brad R. Pryde Part of Lots 57 and 58, Concession lA' Municipality of Kincardine (geographic Township 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 'R1-p', 'PO' and 'EP' to 'EP-I', 'R1-af, and 'PO' the zoning designation of those lands described as Part Lot 57 and Part Lot 58, Concession 'A', Municipality of Kincardine (geographic Township of Kincardine), which are outlined on the attached Schedule 'A'. 2. By-law No. 2003-25, as amended, being the Zoning By-law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 34.6 thereof: 34.6.11 Notwithstanding their 'EP' zoning designation, those lands delineated as 'EP-I' on Schedule 'A' to this By-law may be used for 'Environmental Protection' purposes in compliance with the 'EP' zone provisions contained in this By-law, excepting however, that: (i) The Permitted Uses shall be limited to 'Passive Recreation' and 'Public Park'; and . . ./2 . . . . Page 2 Amendment to Comprehensive Zoning By-law 2003-25 pt Lots 57 and 58, Con 'A', By-law No. 2007 - 060 (ii) Site alteration, regrading, filling or excavation is not permitted in the 'EP-I' zone, except for the works involved with the installation of approved stormwater management installation and approved municipal trail system; and (iii) Trees shall not be removed except in accordance with the approved 'Tree Retention Plan'. 3. By-law No. 2003-25, as amended, being the Zoning By-law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 12.3 thereof: 12.3.32 Notwithstanding their 'R1' zoning designation, those lands delineated as 'R1-af on Schedule 'A' to this By-law may be used for 'Residential' purposes in compliance with the 'R1' zone provisions contained in this By-law, excepting however, that: (i) A 'Church', 'Nursing Home', and 'Day Care Nursery (Licensed) shall not be permitted; and (ii) Trees shall not be removed except in accordance with the approved 'Tree Retention Plan'. 4. 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. 5. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25 (pt Lts 57, 58, Con 'A', Municipality of Kincardine [geographic Township of Kincardine]) By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 2nd day of May 2007. SCHEDULE 'A' Part of Lots 57 and 58, Concession 'A', Municipality of Kincardine(geographic Township of Kincardine) (('\ -.17' 5& '~" ,"\ 1,.__. ,C~:.1/>\1' '"1"'<:;, "- 1...."0....>l-~\ , ')IV {. ,') ~ , i -"4 ,5::5' (() ,,' f 50 o 50 100 METRES 5,,: r = 1 ~ ~ ::: ::: ::: j ~ SUBJECT PROPERTY LANDS TO BE ZONED 'PO, PLANNED DEVELOPMENT LANDS TO BE ZONED 'R1-af, RESIDENTIAL ONE SPECIAL' LANDS TO BE ZONED 'EP-I, ENVIRONMENTAL PROTECTION SPECIAL' THIS IS ZONING SCHEDULE 'A' TO THE BY-LAW NO. 2007 - 060 DAY COMPREHENSIVE PASSED THIS second MAYOR CLERK FILE: Z-20&-08.21 APPI.ICANT: Wywtlc eo.... o.ul~pmenta et. al. DATE: May 2007