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HomeMy WebLinkAbout07 064 Amend By-law 2003-25 Keldon Development . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2007 - 064 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Mr. Brad Pryde (Pryde Schropp McComb Inc.) on behalf of 1582679 Ontario Inc. clo Kelden Developments (Attn: Dale Walden), Part Lots A, Band C, Concession lA', Municipality of Kincardine (geographic Town 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 'PO' to 'R1', 'R1-ai', 'R1-aj', 'R3-k-H', and 'OS' the zoning designation of those lands described as Part Lots A, Band C, Concession 'A', Municipality of Kincardine (geographic Town 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 12.3 thereof: 12.3.35 Despite their 'R1' zoning designation, those lands delineated as 'R 1-ai' on Schedule 'A' to this By-law may be used for 'Residential' purposes in compliance with the 'R l' zone provisions contained in this By-law, excepting however, that: (i) The minimum rear yard setback shall be no less than 15 metres. . . ./2 . . . . Page 2 Amendment to Zoning By-law 2003-25 pt Lts A, Band C, Con 'A' By-law No. 2007 - 064 12.3.36 Despite their 'R1' zoning designation, those lands delineated as 'R1-aj' 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) The minimum north interior side yard setback shall be no less than 15 metres. 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 14.3 thereof: 14.3.11 Despite their 'R3' zoning designation, those lands delineated as 'R3-k-H' on Schedule 'A' to this By-law may be used for 'Residential' purposes in compliance with the 'R3' zone provisions contained in this By-law, excepting however, that: (i) Single detached dwellings, Semi-detached dwellings, Duplex dwellings, and Boarding houses are not permitted Residential uses; (ii) Uses permitted in the 'PO' zone are permitted to continue, prior to the removal of the 'H - Holding' provision; (iii) The 'H - Holding' provision may be removed once the following conditions have been met: a. A Site Plan has been approved for the subject lands; and b. A Site Plan Agreement between the applicant and the Municipality has been entered into and registered on title. 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 Us A, Band C, Con 'A', Municipality of Kincardine (geographic Town of Kincardine)) By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 9th day of May 2007. ~/rM'A ~ ~ill Cle SCHEDULE 'A' Parts of Lots A, Band C, Concession A, (geographic Town of Kincardine), Municipality of Kincardine Lands north of Saratoga Rd I East of R netangore Row " " " " " " " " " " " " " " " " " " ./ " " " <. '" '" " \ '" " '" \ , '" '" , '" ....~ " " '" '" ," '" '" ," " -" " " "''' " ..... ,\, ..... / ,\. ..... <. "" " ../.t' " '..... " ^ " ," " / " '" ^ " " /.... ...... \, " " " <. " " " ", " " " " '- '- '- , .... ',- ''-'-'-'''' .... , .... .... ................... ....,.., '[ I ...., , I '1 ................./ 1 I I I I i I I I / " I '-y I I I I I I I I I I I I " " " " " ., , t ..................... '" '''''''' '-, '-, '- o 40 80 I I ~ METRES " " , " " " " / " / " , " " / " (:::::::::::l I \ \ \ I ~ ~ f??l~~;?,?*a SUBJECT PROPERTY LANDS TO BE ZONED 'R1. RESIDENTIAL ONE' LANDS TO BE ZONED 'R1-al, RESIDENTIAL ONE SPECIAL' LANDS TO BE ZONED 'R1-aj, RESIDENTIAL ONE SPECIAL' LANDS TO BE ZONED 'R3-k-H, RESIDENTIAL THREE SPECIAL, HOLDING' LANDS TO BE ZONED 'OS, OPEN SPACE' MAYOR CLERK THIS IS SCHEDULE AMENDMENT NO. 9th ~~ May, 20.0.7 ~~- 'A' TO THE ZONING BY-LAW 2007 - 064 PASSED THIS FlI.E: Z-I5-07.o2 N'PI..ICAHT: ~ ~ M1E: Way 2007 "~,"---