Loading...
HomeMy WebLinkAbout07 083 Jeff Scott Zoning By-law OMB order . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2007 - 083 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Jeff Scott clo Tom Kerr, Lot 6 on Plan 4, Municipality of Kincardine (former 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 'R3' to 'R3-a' the zoning designation of those lands described as Lot 6 on Plan 4, Municipality of Kincardine (former Town of Kincardine) which are outlined on the attached Schedule 'A'. 2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 14.3 thereof: 14.3.1 Notwithstanding their 'R3' zoning designation, those lands delineated as 'R3-a' 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) Section 6.10 Number of Detached Dwellings Per 'R' - Residential Zone Lot shall not apply; a second quadraplex dwelling is permitted; .. ./2 . . . . Page 2 Amendment to Comprehensive Zoning By-law 2003 - 25Lot 6 on Plan 4 By-law No. 2007 - 083 (ii) A 'Quadraplex Dwelling' shall mean a pair of two attached duplex dwelling houses or four single dwelling units; (iii) The minimum rear yard setback shall be no less than 3.6 metres; (iv) The minimum lot frontage shall be 23.6 metres; (v) A planting area shall be provided consisting of no less than 2.44 metres along the side and rear lot lines, and 3.05 metres along the front lot line with the exception of areas reserved for parking and driveways; (vi) A 'Privacy Fence' shall be located along the north side lot line and abutting the parking area to the rear lot line on the south side; and (vii) The lands shall be subject to Site Plan Control. 3. 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. 4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25, (Lot 6 on Plan 4, Municipality of Kincardine (former Town of Kincardine)), By-Law". APPROVED BY Ontario Municipal Board Decision/Order No.1769, dated June 26, 2007. Mayor Clerk 1769 ..,..- I "",r' . .;\ & 'C \' iUU\ \,/ - I,' \\~t nllbE'''f"b . \:::,,'\ JUN 2 8 2007 '"" 'PL050533 ~ ~ Ontario Municipal Boa~~~.ArI'~ ~~, Commission des affaires municipale\.ere~jQf t.~ "- l\ .~ Jeffery Scott has appealed to the Ontario Municipal Board under ::;ub~tion 34(11), of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2003-25 of the Municipality of Kincardine to rezone lands respecting 951 Huron Terrace from R3 to R3-a to permit the development of a second quadraplex OMB File No. Z050078 ISSUE DATE: June 26, 2007 DECISION/ORDER NO: BEFORE: J. E. SNIEZEK Member Monday, the 25th day of ) ) ) June, 2007 THIS MATTER having come on for public hearing, and the Board having issued Decision No. 1609 on June 11, 2007; AND THE BOARD having withheld its order pending confirmation that a site plan has been completed; AND THE BOARD having received written confirmation, by way of letter dated June 2,2, 2007 from the Municipality of Kincardine that a site plan agreement has been signed; THE BOARD ORDERS the appeal is allowed and By-law No. 2003-25 is amended by By-law 2007-083 as shown in Attachment 1. ............... . ~ - .. ---.. ..-, e >. . ~ '~~ ,'#" ......... ~... . t 1~, . ':... . '. . . .' "<.t :"f'f., '.: ) Agenda ~..'..'.I. ~ CAD Clerk Treasu.ry Public Works PlamlingJ8uilding I I RSGreation i Emergency Services 0 Police Services D Tcurism/Ec. Dev. 0 Other: _____ 0 I -\ I Attachment "1" TIIE CORPORATION OF TIIE MUNICIPALITY OF KINCARDINE . BY-LAW No. 2007 - 083 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-lAW FOR THE MUNICIPALITY OF KINCARDINE Jeff Scott c/o Tom Kerr, Lot 6 on Plan 4, Municipality of Kincardine (former 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 'R3' to 'R3-a' the zoning designation of those lands described as Lot 6 on Plan 4, Municipality of Kincardine (former Town of Kincardine) which are outlined on the attached Schedule 'A'. ...."-" 2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-law for the Municipality of Kincardine. is hereby further amended by adding the following paragraph to subsection 14.3 thereof: 14.3.1 Notwithstanding their 'R3' zoning designation, those lands delineated as 'R3-a' on Schedule 'A' to this By-law may be used for 'Residential' purposes in compliance with the 'RS' zone provisions contained in this By-law; excepting however, that: (i) Section 6.10 Number of Detached Dwellings Per 'R' - Residential Zone Lot shall not apply; a second quadraplex dwelling is permitted; .. ./2 .... ',-" . - Page 2 Amendment to Comprehensive Zoning By-law 2003 - 25Lot 6 on Plan 4 By-law No. 2007 - 083 (ii) A 'Quadraplex Dwelling' shall mean a pair of two attached duplex dwelling houses or four single dwelling units; The minimum rear yard setback shall be no less than 3.6 metres; The minimum lot frontage shall be 23.6 metres; A planting area shall be provided consisting of no less than . 2.44 metres along the side and rear lot lines, and 3.05 metres along the front lot line with the exception of areas reserved for parking and driveways; A 'Privacy Fence' shall be located along the north side lot line and abutting the parking area to the rear lot line on the south side; and The lands shall be subject to Site Plan Control. (iii) (iv) (v) (vi) (vii) 3. 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.$.O. 1990. 4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25, (Lot 6 on Plan 4, Municipality of Kincardine (former Town of Kincardine)), By-Law". BY ORDER of Ontario Municipal Board Order No. Mayor Clerk ISSUE DATE: June 11,2007 DECISION/ORDER NO: 1609 PL050533 Jeffery Scott has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 2003-25 of the Municipality of Kincardine to rezone lands respecting 951 Huron Terrace from R3 to R3-a to permit the development of a second quadraplex OMB File No. 2050078 APPEARANCES: Parties Counsel*/Aaent Jeffrey Scott (not present) G. Magwood* Town of Kincardine M. Barr MEMORANDUM OF ORAL DECISION DELIVERED BY J. E. SNIEZEK ON JUNE 6. 2007 The Board reviewed the Minutes of Settlement and Draft By-law. The evidence of Mr. D. Scott a professional planner was presented through his affidavit. It was the evidence of Mr. Scott that the proposed additional quadraplex was in conformity with the Provincial Policy Statement (PPS) Bruce County Official Plan and the Town of Kincardine Official Plan. ....-....;..,.-,,_...r . The site plan agreement ~ma-RY of the residents' concerns and the Board Order should be withheld Pto.d.ing~tb9...G~~~etion o!,th~.~;i~ep~a.D.agreement. It was the submission of thT ~;t the site plan couid be completed in short order. ! u_"- p-'" \ -' . ~ .",,,--,,--"""'~- l-'~ The Board concludes that t~e _cpj?!3.91 sUouJd,.be allowed and By-law No. 2003-25 amended in accordance with the a4aEh~g by-law..(Attachment 1 ),., , i \.." The Clerk of the Town will a~ign an apprqp~igtenumber t6=the by-law. i -,-" .. ..~. , \ tiN') S . MUt.. Cliia.11D '] i 'i 1 .(>'''''t "'0 ......-,.. ....,.- -2- PL050533 The Board order will be withheld until August 30, 2007 pending completion of the site plan agreement. "J. E. Sniezek" J. E.SNIEZEK MEMBER ~da Council -ll.4NE~ Consent 0 Lneti.Q!l ~ Other. o 0 n;( 0 o 0 o 0--'- o llt{vlL~~ = Recreation DOS C Emergency Ser.ices 0 0 Scanner. 0 Police Services 0 0 Tourism/Ec. Dev. D o-.vED.JUN' ~ 2001 Other: -_ 0 0 CAO Cieri: TI'!18SUry Public Works Planning/Building -....".. .. ATTACHMENT "1" Page 1 of 3. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE eBT .. D.. B:~:~Y BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COIVIPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Jeff Scott cia Tom Kerr, Lot.6 on Plan 4, Municipality of Kincardine (former 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 WH~REAS the Council of the Corporation of the Municipality of Kincardine has emicted By-law 2003-25, a zoning by-law enacted under Section 34 of the said PI~nning 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 E~ACTS as follows: 1. Schedule 'A' to By-law No. 2003-25 as amended, is h~reby further amended by changing thereon from 'R3' to 'R3-a' the zoning designation. of those lands described as Lot 6 on Plan 4, Municipality of Kincardine (former Town of Kincardine) which are outlined on the attached Schedule 'A'. 2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-law for the Municipality of Kincardine, is hereby further amended by adding the fol!owing paragraph to subsection 1.4.3 thereof: 14.3.1 Notwithstanding their 'R3; zoning design~tion, those lands delineated as 'R3-a' on Schedule 'A' to this By-law may be used for ATTACHMENT "1" Page2of3 Amendment to Comprehensive Zoning By-law 2003 - 25Lot 6 on Plan 4 By-law No. 200_ - " 'Residential' purposes in compliance with the 'R3' zone provisions contained in this By-law, excepting hoWever, t~at: (i) Section 6.10 Number of Detached Dwellings Per 'R'.:... Residential Zone Lot shall not apply; a second quadrap/ex dwelling is pelT!1itted; " A 'Quadraplex Dwelling' shall mean a pair of two attached duplex dwelling houses or four single dwelling units; The minimum rear yard setback shall be no less than 3.6 metres; The minimum lot frontage shall be 23.6 metres; A planting area shall be provided consisting of no less than 2.44 metres along the side and rear lot Jines, and 3.05 " metres along the front lot line with the"exception of areas reserved for parking and driveways; A 'Privacy Fence! shall be located along the north side lot line and abutting the parking area to the rear lot Iille on the south side; and The lands shall be subject to Site Plan Control. (ii) (iii) (iv) (v) (vi) (vii) 3. 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. 4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25, (Lot 6 on Plan 4, Municipality of Kincardine (former Town of. " Kincardine)), By-Lawn. READ a FIRST, SECOND and THIRD time and FINALLY PASSED this _ day of ,200_. Mayor Clerk -.---.--.-.-.-.-.-.-.-.--.-.-.-.--.-.-.-.--.--.--.-.-- PAvrD DIllIIt EXISTING . ~ 4 PLEX . . \":7~~ .') .;::, 'I. L....../. ....1.... ~I" . ." .' I",'.,;",.,~ '':\ ""':"'mJ f.,.......,.. ..' ,. \". .. . i~ ".-:"':: ~'. ~ : . , ....... . . L.. ~.,... .... " " ,'. ,:,.."" "'. " -. ..'. ...... .... r . '" '." .. .,." ...... '\'. .' .: " ..... .. .....-..,....... ... ~~..... .......... .... ". ..... ..... ~'. .:10...." ":-~. .\ " . \.~ .... I.... :'.....t,~.. :,;:-:,";.. :........ ",:' .......,... "I":~..', . ~~~~~-,..,:......:1.1.~..!,'-. ~.~ __),\....:J:.; .~.:.:....J. "-..IIAIIlTAIl _ FIMCC ~ ......,... . "' !IIlUlI PlWN:t FIMCC LllCA1tIl" PIlI FDICIE mAws.... ~~=~~ V__ II ....... NlIl ..... ..........., ......----~:=:=:=.=:.-.~. tlQIE: ~~&r- =E&1O~"'~ r~~,..r~ 212.27' PROlECT ElCISTlNO HEDGE ~ -I > (") :J: :s: m z -I . .......\....... :.",,, .i.. ---- ~=- .. .. -'" ~':-":'''''';;-'looo..J,;-7T 7 ~~:--sm:: I~=-- SeLIO SECURnY FDfCE IF REQUtRED ?AIIJAC.'( ~c.1! MAINTAIN ElCIS1IlO 1lIEES It SHRUBS -~-~ _ IJlIlIWl@. '" '" Hlld 2+' W W il2.37' ,r~ \J Q) CO CD c..v o - c..v _PWlII:'IIIHClt t..f'f'. :!!>..L.c> ........, "'_ 1IIUS TO &.QCI( 811 UtC _I/IJN.'.OITHciI!lE __ .............- PEAII KINCARDINE LOT 6 CONCEPlUAL LANDSCAPE PLAN +* ~. YI:R.. ((lii"!>OlUTIOt..!" lOo/D-",eO DI:c:...:rna",1t. \~. 2..ae:.c.:.. _T, _. GIlA. CSU\ lPORTER INFORMATION IS TAKEN FROM SURVEY PLAN PROVIDED BY R.F. DORE SURVEYING LTD. ~""""" -.... 5'''-'711 ~ .' ' ... SITE PLAN AGREEMENT ~ JJ This AGREEMENT made this dO day of .~ , 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- JEFFREY ROBERT SCOTT hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it 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 JEFFREY ROBERT SCOTT 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. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. 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", 10. 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. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "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 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. 12. 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". ...3 ~ , Page 3 Site Plan Agreement JEFFREY ROBERT SCOTT 13. 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. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "B" (approved site plan) and Schedule "e" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule "B", 16. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands" shall be reasonably in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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 perform 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, R.S,O., 1990, c.M, 45, as amended. 19. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) 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 newly 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 form 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; c) 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 JEFFREY ROBERT SCOTT PART C - DEFINITIONS 20. 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 permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental 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) "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. iv) "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. IN WITNESS WHEREOF the Municipality has hereto affixed its c~~ate se~ttest by the hand of its Mayor and Chief Administrative Officer this <9 ~ day of ~01\J;:1" 2007. The parties have hereunto set their hands and seals this rOo-:J< day of ~JtJ~ 2007. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JEFFFtEY ROBE " ~ I SCHEDULE "A" JEFFREY ROBERT SCOTT Lot 6 on the East side of Huron Street, Plan 4, in the Town of Kincardine, formerly known as Williamsburg, now Municipality of Kincardine, County of Bruce. SCHEDULE "B" JEFFREY ROBERT SCOTT 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 JEFFREY ROBERT SCOTT 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be June 1, 2008. 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 that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties, 4. 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. 5. 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. 6. 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. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. 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. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. 11. 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. 12. 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. 13. The owner agrees to rectify the deficiencies as noted in PL-2006-15, site plan and zoning by-law as approved, in principle, by Council, December 13, 2006 as submitted to the Ontario Municipal Board. 14. Issuance of an occupancy permit will be contingent upon the six foot solid fence shown on Schedule B being completed. 15. The owner must provide the Municipality with the "as constructed" drawings. _._._e_._e_e_._._e-.-.-.- ._._0-'_0-.-.-.-.-.__.__0_'_'- PAvm DRl.". . EXISTING . 4S' 4 PLEX . .' ',~ ., . ,.. L. \., .~ 'i'~ t.: 11.- f.'.. ~'O 0,. 0 \'.',\...~ /,:'"., 't;, '11;'... ,..... !to'1..~..,..~..'" I . ".. 00 : ~.', . \.:... ."," '" " ."- ..... . . t1 ,/.,"'," e" O~ ., ,,'I ,,,,.,....0. "... "" ..'. . ,0..: 1 ',1' '~.O."-:.:'I"~.", .......:...:'\'......:~.. 1\o:.....I'.r....'-..~.e..... :":. l ~.,"" "'~'.",'~' "" "'. 'I":' 'O~. :.~:. ..",~,.,It.. ,~.t\ I ~ :" '..'~..,.t...,"I...I:--: ..:"': t;. .., . , . . . " . :; ,...:. \""'~'. -... ".. . " 'a' ~~ ~ 1"" "..t 'Ill; .... ~ '. .""~.:., '0.:. . I::......,c...--l~._"-....._f-...:I.,;,.. . ~ MAIllTAIIl ElQS1Illl FEKCE . ~.. ~-O \~ PROPOSED B fi, SllIJII PflNAr:r FENCE 1.QCA1ED~=~~~ ~ IlAY . AL'JEAED 'Ill PllOYoDt ~ VIIRIA'1IOllS IN lIES1llN AKO FOR PfJlSI't:......, _._, . .__._._.__.i-. ,-, - .-.-.---. ~~rr- _.1O_'IIIl- =-~~~ 10 1I;IE iNi*lPI: jjictII1l:L . ... ilalEBlI r.ll1lDl1lOllS: 1HI1'VII~'llC__OF1I<< ~HlIHftCf, _ llft_ OIf'IICl'INIlllllf'lll'GSOSana'1lWl ~or~NlCHI1ICI' IK_ 'IlC~--'lHECUIIlI'lICIl ~~~I"f ~_'1lWl'lltt ... 'lltt 11<< CUIHI', 'lHE ... - 1111<<_ H80<1 0\04! 20' W 282.27' PRO'!ECT EXIS11NG HEDGE PRtf'05m PIIRI<lNQ " FUTURE 4 PLEX iii' .,'" ....., . .... I , .. ..... ~ .'" " . ,. ...::,,:, :'.'." . , . "}::- . . ""'I':'~ "'. ,". 10 .'" h" "',, ..' ., '.. ,. i: t.'". .: . \ ., : . I ..' 'I'!. e ..... " t. . ".., .:..., 4-.... 'tIt ,..... , ' . .,. (,.... or 'I. "'t" .,~, ....,./,/0'.. .00 :.. ' .......t......, . I Ill, I" ...."..... '. 1it .... . :....::..~;: ...y~',..'~""..~~..:.~~I.,.::\:~ ~ I, . :... . ,Il.l ,./I::~ .:.... . .'1 ," ..' .",.....,......'..'''....-:... '.~." ...:":._, ~_.__._:_ e;;l:_...:...-.~,_....._. .~~,.... . - -,-,-,_,_'_0-'-' H;,i-i.., 'eer w 282.37 ~ " aI' 71' .' ---- - --- - PlIcPOSEtI P1WMft FENCE t.r.H. ~ClLII::' 7 -l'II1lI'1llS lIEBl'll III!BIlE :. I SEC\lRl1Y FENCE If" REQUIRED Pl'.t>pO-S5'b t... 'FT' .........ID ?A'VAc.."f FeMe-ii! MAINTAIN EXlS'llNG illEES II SHRUBS IClU - ~~1lf.:lREES FRCIol /olUAt:Dfr HCU$E 'TWO- roal.eRHlf'DRlI pm KINCARDINE LOT 6 +~ CONCEPTUAL LANDSCAPE PLAN A~. ?~lt. ~l:SOLUTIOt.l ..II- 1.0ol.c - LogO Oe:c:..,"mQIe.~ \~. 2..ac::o(.Q. \..any T. Parlor. Cl.ll.A, csv. \PORTER IIAPPROVED SITE PLANII INFORMATION IS TAKEN FROM SURVEY PLAN PROVIDED BY R,F.. DORE SURVEYING L TO. ~~ '11-534-171' CHIEF ADMINISTRATIVE OFFiCER MUNICIPALITY OF KINCARDINE ~ W L:J <I ::EZ ",- w<I POgj IZ 1-- "'<I <tl- Wz o EU III ruo 01- ~ LEGENDl ~ PROPOSED ELEVATlDN (METERS)~ $ ?OO.OO 1000.001 EXISTlNG ELEVATION (METERS) ~ ~ . CB. PROPERTY LINE DRAINAGE SPLIT I HIGH POINT PROPOSED DIRECTION OF DRAINAGE I SVALE CATCH BASIN i 10'-8' !\ [3j'3M~ III- IZ IIEi 10. I", I", I:;: '\ I 0)0.>' .,. I .' .......1 . . ....... EXISTING DEVELOPMENT 181 H/B. JUNCTION FOR HYDRO 8.BELL SEVICE ~ -<r BUILDING ENTRANCE EXTERIOR LIGHTING o HP. HYDRO POLE i ~I~ ~ o MH. MANHOLE o F.H. FIRE HYDRANT ---SAN--- SAN. SE'WER VATER MAIN HYDRO DUCT BELL LINE DUCT ---H"DRQ--- ---'BELL--- 4' SAN. NOTES: I) DRAINAGE AND STORt1 WATER RUNOFF WILL REHAIN UNCHANGEO. RAIN WAlER LEADERS FROH BUILDING WILL BE DIRECTED TO LANDSCAPED AREAS. RUNOFF WATER WiLl BE DIRECTED INTO LANDSCAPED AREAS. SURFAce DRAINAGE TO BE CONTAINED oN SUBJECT PROPERTY. ~ '" W " W '" >- '" <t I- Z <t '" B9 "'''' oz o..w 01- "'x o..w - '" W " W '" >- '" <t ~II I- z . II <t ~!::! !~ '" L:J Z ;:: '" X w 10' [3.0M] 8'-6" [2.6M] 3' [0.9M] 1'-6" [0.5M] ~I ~ ~ (VARIES) ''\O',/:,,Y/y~ GRADEl 10" [O.25M] ~ TYPICAL DRAINAGE SWALE N.T.S. I r--- -----1 o ~ ~ SCALE HEmlS I-----------~----- I I o 10' 20' 50' SCALE 'EET MI~ ,3 ~M ::::;~ 04 03 02 01 revision I Do not scale drawings. VerilY all dimensions and condItions on site and immediately notify lhe engineer of all discrepancies. dale i '10:> ru. tnE A Detail No. ~ B drawing no. - where detail required C drawing no. - where detaUed ~..JI- ..J() <CWW...... ..JCI)t-CO :::!O:z:O ~C::()~ " in c:: ...., <( n iASSO(" Q~\'-" '" ..<.-: '\;'-' )'..). ~. Orr,... /- l I - ;.. -".--~ ..,j,:''T.r'~<-~f" ::.. f-\r'>~,_ ~- ,i i L<. I ,)...~L I. . tf!..' '" . . - 'j;/- I -s ~~~LlI";!V\ l\tR~l .' \ ' ":0,.. Ue. ('!',C[ ,..:" . , -........,."'.: .:.~;,~". ..... ..,.... 4' SAN. SEWER I .\1 \ t . ----1L.. ..... ....... .-,.. ,'".' " ~ ~i( .' 'I:;; cu.... C\J~ 107 0UIll.IN ST. NORTH GUBPH, ONTARIO N1H 4M2 (51B)822_ project tiIIe TOM KERR HEATING a AIR CONDITIONING LIMITED P,O. Box 7, LlSTOWEl, ONTARIO N4W 3G6 SIDEWALK N28'46'40"E , SIDEW ALK o HP. , I 10'-6' [3.2M3 31'-4' [9.6M3 JEFF SCOTT PROPOSED APARTMENT BLDG. HURON TERRACE ST. KINCARDIN ONTARIO 5' SAN. I- I ; STM SEWER~ MH. IA> ,,<J:, .# _ fora .....~<...-~ OJr:a- t:'~ ...... ~'1,. drawing tiDe -Cf...-- I I I I " " I I I I !T ERR ACE _____________..L..L.-____________________ 8' DlA. STORM SEWER #J d'- 28'-4' [8.6M] SITE PLAN CL H u R o N s T project date NOVEMBER 21/2006 project no. 2006 HURON TERRACE ST F.H. @ "APPROVED SITE P '0. A1 Nil CHIEF ADMlNiSmA rIVE OFFiCER MUNICIPALITY OF KINCAR01M= Magwood, Van De Vywre, Thompson & Gro w-Mc Clement LLP BARRISTERS & SOLICITORS 215 DURHAM STREET, BOX 880 WALKERTON, ONTARIO NOG 2VO GEORGE C. MAGWOOD, B.A., LL.B. BRIAN J. VAN DE VYVERE, B.A., LL.B. C. HEDLEY THDMPSON, B.A., LL.M. TAMMY W. GROVE-McCLEMENT, B.A., LL.B TELEPHONE (519) 881-3230 E-MAIL wmvt@bmts.com FAX (519) 881-3595 July 9, 2007 Michelle Barr The Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 Dear Mrs. Barr: RE: Jeffrev Robert Scott - Lot 6. Plan 4 951 Huron Terrace. Municipality of Kincardine Further to your letter dated June 26, 2007, I would like to confirm that the Scott site plan agreement was receipted at the register office in Walkerton as BR4786 on July 4, 2007. Please find enclosed the electronic registration receipt with the scanned copy of the site plan attached. I also am returning an extra copy of the site plan agreement, which is not required. As explained to you, the registration of the agreement is subject to the 21-day approval period provided for in the land titles act. I believe the Scott Rezoning/OMB and site plan issues are now completed. Yours truly, MAGWOOD, V AN DE VYVERE, THOMPSON & GROVE-MCCLEMENT ~~-~~ GCM:sg Encls. George C. Magwood . ~lMIlP<" , ~."~; 1 ,1""':Ii In,'~~~ - 0-: ~ ~ 1:'1 .~.'.~ ;,; c' ~::;. "..,-' r;,-o' ~. [.:: I;:, _c\'- ....-:- on \ DC I (, ~ ~ "' i~t~ ~~. [:. ~ i ~ }" t p t~ ~ ~ ~~i& -, - -' :s:, . I"~ . . ..,.," '.... -~~ :C' ."'0; . . D~ ~ '2 _" . "u ~~s: ~~. g i If. ::~_ ~ 1 t' ~. '.......... - . ,1; , ~ ;1. " , U\rI ~~-! oJ\ ~ ;1-l. 1 - =\\. :t. ~\, \, ~m M\ o f\) :1;); f",~n ~ ~\ l~. \t' 1\0 ~ LRO # 3 Notice Under 5.71 Of The Land Titles Act Receipted as BR4786 on 2007 07 04 yyyy mm dd at 13:40 The applicant(s) hereby applies to the Land Registrar. Page 1 of 1 IprOperlieS I PIN 33311 - 0093 L T Description L T 6 E/S HURON ST PL 4; KINCARDINE Address 00951 HURON TERR KINCARDINE I Consideration I Consideration $ 0.00 I Applicant(s) I The notice is based on or affects a valid and existing estate, right, interest or equity in land Name Address for Service THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1475 Concession 5, R. R. #5 Kincardine, ON N2Z 2X6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation by Larry Kraemer, Mayor and John deRosenroll, Chief Administrative Officer. I Statements I This notice is for an indeterminate period Schedule: See Schedules I~~~ I John Michael Keip 215 Durham Street, Box 880 acting for Signed 20070704 Walkerton Applicant(s) NOG 2VO Tel 519-881-3230 Fax 5198813595 I Submitted By I WAECHTER, MAGWOOD 215 Durham Street, Box 880 Walkerton NOG 2VO 2007 07 04 Tel 519-881-3230 Fax 5198813595 I Fees/Taxes/Payment I Statutory Registration Fee $60.00 Total Paid $60.00 I File Number I Applicant Client File Number: 12270 SITE PLAN AGREEMENT .~ ~ This AGREEMENT made this ~ D day of. ~ , 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, ~and~ JEFFREY ROBERT SCOTT hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it 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 JEFFREY ROBERT SCOTT 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. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAO. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 1 O. The Owner agrees to provide, install or otherwise abide by, at its sole expense, the site development requirements as detailed in Schedule "e" attached hereto. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "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 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. 12. 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 I.subject lands". ...3 Page 3 Site Plan Agreement JEFFREY ROBERT SCOTT 13. 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. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "8" (approved site plan) and Schedule "e" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule "B", 16. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands" shall be reasonably in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not provided or where melt water would adversely affect an abutting property. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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 perform 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, R.S,O., 1990, c.M, 45, as amended. 19. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) 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 newly 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 form 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; c) 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 JEFFREY ROBERT SCOTT PART C . DEFINITIONS 20. 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 permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental 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, Hi) "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. iv) "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. IN WITNESS WHEREOF the Municipality has hereto affixed its corl1.Qrate se~es~ by the hand of its Mayor and Chief Administrative Officer this cJ'{)'t:IU day of~ v N t::: 2007. The parties have hereunto set their hands and seals this c.9o'f:R.) day of ":::JU", ~ 2007. SIGNED, SEALED AND DELIVERED in the presence of rrn.~~ Witnes~ ) ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) ) ) ) ) ~ ) ) ) )We have authority to bind the Corporation l ) ) ) ) ) SCHEDULE "An JEFFREY ROBERT SCOTT Lot 6 on the East side of Huron Street, Plan 4, in the Town of Kincardine, formerly known as Williamsburg, now Municipality of Kincardine, County of Bruce. SCHEDULE"B" JEFFREY ROBERT SCOTT 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 JEFFREY ROBERT SCOTT 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be June 1, 2008. 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 that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties, 4. 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. 5. 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. 6. 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. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. 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. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. "'l 1, " 11. 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. 12. 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. 13. The owner agrees to rectify the deficiencies as noted in PL-2006-15, site plan and zoning by-law as approved, in principle, by Council, December 13, 2006 as submitted to the Ontario Municipal Board. 14. Issuance of an occupancy permit will be contingent upon the six foot solid fence shown on Schedule B being completed. 15. The owner must provide the Municipality with the "as constructed" drawings. SITE PLAN AGREEMENT This AGREEMENT made this (;I D -td-. day of ~. ' 2007. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- JEFFREY ROBERT SCOTT hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it 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 JEFFREY ROBERT SCOTT 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. 8. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor & CAD. PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9. The Owner agrees to undertake development on the "subject lands", at its sole expense, in conformity with the site plan as detailed in Schedule "B" attached hereto, which shall hereinafter be referred to as the "approved site plan", 1 O. 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. 11. a) Upon completion of the development of the "subject lands" in conformity with the provisions of this agreement, the CAO shall issue a certificate of compliance. b) "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 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. 12. 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". ...3 Page 3 Site Plan Agreement JEFFREY ROBERT SCOTT 13. 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. 14. The Owner agrees to maintain in good repair and at its sole expense the subject lands" in conformity with the provisions of Schedule "811 (approved site plan) and Schedule "e" (site development requirements), and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 15. The Owner agrees that all vaults, containers, collection bins and other facilities which may be required for the storage of garbage and other waste material shall be kept within a completely enclosed building or a completely enclosed container in the location as shown on Schedule "8", 16. The Owner agrees that, at its sole expense, all parking areas provided on the "subject lands" shall be reasonably in all circumstances, maintained clear of snow so as not to prohibit or block or in any way restrict access along any driveway, walkway for vehicular and pedestrian traffic or reduce the number of useable parking spaces below the minimum number of spaces required by the Municipality's zoning by-law. The Owner agrees not to store snow on-site such that it blocks visibility adjacent to a street or drainage facilities on-site or where adequate drainage facilities are not proVided or where melt water would adversely affect an abutting property. 17. The Owner agrees to maintain at its sole expense and in good repair to the standards acceptable to the Municipality all landscaped open space, private driveways and complementary facilities, and private approach sidewalks which are located on untraveled portions of Municipality-owned road allowances abutting the subject lands. 18. 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 perform 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, R.S,O., 1990, c.M, 45, as amended. 19. The Owner agrees to do the following: a) subject to The Public Transportation and Highway Improvement Act, R.S.O. 1990, facilities, to provide access to and from the lands such as access ramps and curbings and traffic direction signs; b) 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 newly 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 form 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; c) 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 JEFFREY ROBERT SCOTT PART C . DEFINITIONS 20. In this Agreement and the Schedules attached hereto: i) "Building Areall shall mean the only area upon which the erection and use of buildings and structures shall be permitted. ii) "Landscaped Open Space" shall mean the areas of open space comprised of lawn and ornamental 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) "Parking Area" shall mean the areas of open space q,ther 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. iv) "Natural Open Spacell 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. IN WITNESS WHEREOF the Municipality has hereto affixed its corg,orate se~est.-- by the hand of its Mayor and Chief Administrative Officer this C)V'tIU day of:s::[ LI N t: 2007. The parties have hereunto set their hands and seals this c.9o"ffU day of .:::JU N e" 2007. SIGNED, SEALED AND DELIVERED in the presence of rrnA~ Witnes~ ) ) THE CORPORATION OF THE ) MUNICIPALITY OF KINCARDINE ) ) ) ) ) ) ~ ) ) ) )We have authority to bind the Corporation ) ) ) ) ) I SCHEDULE "A" JEFFREY ROBERT SCOTT Lot 6 on the East side of Huron Street, Plan 4, in the Town of Kincardine, formerly known as Williamsburg, now Municipality of Kincardine, County of Bruce. SCHEDULE"B" JEFFREY ROBERT SCOTT 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 JEFFREY ROBERT SCOTT 1. The Owner agrees that the completion date for all work required pursuant to this agreement shall be June 1, 2008. 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 that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties, 4. 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. 6. 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. 6. 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. 7. The Owner agrees to provide all landscaping as shown on the "approved site plan". All plantings shall be installed to the specifications and requirements as indicated on the "approved site plan". 8. The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalk/street and one parking area by use of sidewalk ramps of proper gradient and surfacing. 9. The Owner agrees to appropriately and properly finish all lands lying between the IIsubject 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. 10. The Owner agrees to obtain a building permit within six (6) months from the date of this agreement. Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void. . 11. 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. 12. 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. 13. The owner agrees to rectify the deficiencies as noted in PL-2006-15, site plan and zoning by-law as approved, in principle, by Council, December 13, 2006 as submitted to the Ontario Municipal Board. 14. Issuance of an occupancy permit will be contingent upon the six foot solid fence shown on Schedule B being completed. 15. The owner must provide the Municipality with the "as constructed" drawings.