HomeMy WebLinkAbout12 029 Amend Zoning 773472 Ontario Ltd. Tom Kerr Lot 4 n/s Elgin Market Square and Part Elgin Market THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
No. 2012 — 029
BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25,
BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE
MUNICIPALITY OF KINCARDINE
773472 Ontario Ltd. and Tom Kerr,
Lot 4, N/S Elgin Market Square, and Pt. Elgin Market Square, Townplot of Penetangore
(being Parts 3, 4, 5 and 6, RP 3R- 6613), 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 `C2' to `R3 -q -H" and `R4 -m -H' the zoning designation of
those lands described as Lot 4, N/S Elgin Market Square, and Pt. Elgin Market
• Square, Townplot of Penetangore (being Parts 3, 4, 5 and 6, RP 3R- 6613),
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 Comprehensive Zoning By -law for
the Municipality of Kincardine, is hereby further amended by adding the following
paragraph to subsection 14.3 thereof:
14.3.15 Notwithstanding their `R3' zoning designation, those lands
delineated as `R3 -q' on Schedule `A' to this By -law may be used for
`Residential Three' purposes in compliance with the `R3' zone
provisions contained in this By -law, excepting however, that:
(i) The rear yard setback shall be 4.85 metres;
(ii) A parking area is permitted in all yards, provided that no part of
any parking area, other than a driveway, is located closer than
1.5 metres to any street line or side lot line;
(iii) The lands shall be subject to Site Plan Control;
• (v) The `H — Holding' provision may be removed upon written
confirmation that the following conditions have been met:
a) That a suitable `Record of Site Condition' has been
filed with the appropriate authority; and
b) That a suitable preservation plan has been filed with
the appropriate authority for the preservation of
Page 2
Amendment to Comprehensive Zoning By -law Lot 4, N/S Elgin Market Square, and Pt.
Elgin Market Square, Townplot of Penetangore (being Parts 3, 4, 5 and 6, RP 3R- 6613),
Municipality of Kincardine (geographic Town of Kincardine)
• By -law No. 2012 — 029
archaeological artifacts found on the property, if
applicable.
3. 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 15.3 thereof:
15.3.10 Notwithstanding their `R4' zoning designation, those lands
delineated as `R4 -m' on Schedule `A' to this By -law may be used
for `Residential Four' purposes in compliance with the `R4' zone
provisions contained in this By -law, excepting however, that:
(i) A Quadraplex Dwelling is also a permitted use;
(ii) Multiple Buildings, being quadraplex and apartment
dwellings, are permitted on the subject lands;
(iii) The Lot Frontage shall be 28 metres as it existed on the date
• of passage of this by -law;
(iv) The side yard setback for a quadraplex dwelling shall be 3
metres, plus 0.6 metres for each additional or partial storey
above the first storey.
(v) The rear yard setback shall be 6 metres, plus 0.6 metres for
each additional or partial storey above the first storey.
(vi) A parking area is permitted in all yards, other than a front
yard, and no closer than 1.5 metres to any side lot line.
(vii) The lands shall be subject to Site Plan Control;
(vii) The `H — Holding' provision may be removed upon written
confirmation that the following conditions have been met:
c) That a suitable `Record of Site Condition' has been
filed with the appropriate authority; and
d) That a suitable preservation plan has been filed with
the appropriate authority for the preservation of
archaeological artifacts found on the property, if
applicable.
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, (Lot 4, N/S Elgin Market Square, and Pt. Elgin Market Square,
Townplot of Penetangore (being Parts 3, 4, 5 and 6, RP 3R- 6613), Municipality of
Kincardine (geographic Town of Kincardine)), By -law ".
READ a FIRST and SECOND TIME this 14 day of March, 2012.
•
4- Ma y or Clerk (�
READ a THIRD TIME and FINALLY PASSED this 14 day of March, 2012.
r
• Mayor Clerk
SCHEDULE 'A'
Lot 4, N/S Elgin Market Square and Part of Elgin Market, Townplot of Penetangore, being
Parts 3, 4, 5 and 6 of 3R -6613, Geographic Town of Kincardine, Municipality of Kincardine
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L + SUBJECT PROPERTY
ii. . LANDS TO BE ZONED 'R4 -m -H, RESIDENTIAL FOUR SPECIAL'
[ ; LANDS TO BE ZONED 'R3 -q -H, RESIDENTIAL THREE SPECIAL'
THIS IS SCHEDULE 'A' TO THE ZONING BY -LAW
AMENDMENT NO. 2012 -029 PASSED THIS
0 14th DAY OF MARCH, 2012
0 <_._----e
MAYOR.
CLERK ',,,,,i 9 .
FILE: Z- 4-12.22 APPLICANT. 773472 Ontario Ltd. Go Tom Kerr DATE: March 2012