HomeMy WebLinkAbout12 042 APP#9/OPA#5 to the Municipality of Kincardine Official Plan By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2012 - 042
BEING A BY -LAW TO ADOPT COUNTY OF BRUCE APPLICATION #9 (APP
#9)/ AMENDMENT NO.5 (OPA #5) TO THE MUNICIPALITY OF KINCARDINE
OFFICIAL PLAN
WHEREAS The Council of the Municipality of Kincardine, pursuant to Section 17
• of the Planning Act, R.S.O. 1990 enacts as follows:
1. That APP #9 /OPA #5 to the Municipality of Kincardine Official Plan, a copy
of which is attached to and forms part of this By -law, is hereby adopted.
2. That the Clerk is hereby directed to forward the adopted amendment
together with the necessary supporting documentation to the County of
Bruce for final approval.
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 "APP #9 /OPA #5 to the Municipality of
Kincardine Official Plan By -law ".
READ a FIRST and SECOND TIME this 11 day of April, 2012.
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READ a THIRD TIME and FINALLY PASSED this 1 1 th day of April, 2012.
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APP #9 /OPA #5 Municipality of Kincardine Official Plan
By -law No. 2012 - 042
PART B — THE AMENDMENT
• INTRODUCTORY STATEMENT
All of this part of the document entitled "Part B — The Amendment" and consisting
of the following text, constitutes Amendment No. 5 to the Official Plan of the
Municipality of Kincardine.
DETAILS OF THE AMENDMENT
The Official Plan of the Municipality of Kincardine is proposed to be amended as
follows:
1. Section A1.4 is modified by adding `, B and C' after `Schedule A' in the
second sentence;
2. Section BI.1 is modified by adding the following text at the end of the
paragraph as follows: `to be informed by the Bruce County Housing
Study, as amended from time to time.'
f r 'by the Section B1.4 is modified by adding the following a to by t e yea r 2026'
`to be informed by the `Multi -Year Sewage and Water Servicing Plan,'
and before the colon.;
4. Delete Section BI.5 in its entirety
5. Section BI.9 is modified by adding after, The Municipality will plan for
sewage and water servcies', `by completing a `Multi -Year Sewage and
Water Servicing Plan' and before `and shall direct';
6. Section C1.3 is modified by adding a new Section C1.3.3 as follows:
`Given that a sensitive land use may be adversely affected by the
noise emissions from an industrial use, the Comprehensive Zoning
By -Law shall require all sensitive land uses to be setback from an
industrial use in accordance with the Ministry of the Environment
110 "Noise Assessment Criteria in Land Use planning [Publication LU-
131].'
7. Section C1.3 is modified by adding a new Section C1.3.6 as follows:
The Municipality recognizes the desire of Aboriginal communities to
be engaged in development proposals, particularly related to
archaeological, environmental and cultural resources. Proponents
of new development are advised to engage the Aboriginal
communities to determine potential impacts on resources, aboriginal
interests and other cultural values including the manner in which
resources and features are dealt with.'
8. Section C9 — WELLHEAD PROTECTION AREAS is modified by changing
the Title to `SOURCE WATER PROTECTION AREAS'; deleting `wellhead
protection areas in Tiverton' and replacing with, `Municipal Wellhead
• Protection Areas (WHPA)' ; and further by adding `in accordance with
any Source Water Protection Plans in force within the Municipality' at
the end of the second sentence;
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APP #9 /OPA #5 Municipality of Kincardine Official Plan
By -law No. 2012 - 042
9. Section D1.3 is modified by adding `A secondary suite is permitted in
single detached dwellings, semi - detached dwellings and row
• dwellings subject to the policies of this Plan' after the first paragraph;
10. Section D1.4.6b) is modified by changing from 25% to 30% the target of
affordable housing in new residential development, in the first and second
sentences;
11. Section D1.4.6 is further modified by adding the following subsections:
d. `The Municipality shall enact a Municipal Housing Facilities
By -law under Section 110 of the Municipal Act to enable the
municipality to provide incentives to the public and private
sectors to create new affordable rental units;
e) The Municipality shall provide a grant -in -lieu of residential
development charges, planning fees and building permit fees
for affordable housing developments in return for a
commitment by the developer to meet specified affordability
targets;
• f) The Municipality has a `housing first' policy for surplus
municipal lands. Specifically, the first priority in the decision
making process respecting surplus or potentially surplus
municipal property shall be affordable housing development
and that the surplus property be made available for affordable
housing purposes at a reduced cost; and
g) The Municipality shall promote, and where possible, assist in
the administration of County, Provincial and Federal housing
programs.'
12. Delete Sections D1.4.7a) and b) and replace with the following:
a) 'A supply of residential land shall be maintained at all times in
the Plan area to accommodate the growth that is anticipated
over the next 10 years (minimum), as directed by the
Provincial Policy Statement. The supply of land will take into
consideration opportunities for intensification and
redevelopment.'
the last paragraph 13. Section D1.4.8 is modified by deleting h of Section p g p
DI.4.8c), beginning with `Areas that have been identified', and ending
with `densities in this Plan'; and further by adding a new subsection, as
follows:
`f) A duplex/semi- detached dwelling shall be permitted in all
residential areas that permit single detached dwellings where
municipal water and municipal sewers services are provided',
14. Section D1.4.16 is modified by changing the title to `Second Residential
Units' and changing `Garden Suites' to Section D1.4.16(b) and adding
`Where a secondary suite is located on a lot, a Garden Suite is not
permitted on that lot.', between the first and second paragraphs;
15.A new section D1.4.16(a) is added entitled 'SECONDARY SUITES" as
follows:
• `The term Secondary Suite means a separate residential unit
subsidiary to and located on the same lot as a principal dwelling
unit, including a single detached dwelling, semi - detached dwelling or
row dwelling, and within an existing structure. A Secondary Suite
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APP #9 /OPA #5 Municipality of Kincardine Official Plan
By -law No. 2012 - 042
may house elderly parents or other family members, or may be
rented as a residential unit.
• a) One Secondary Suite may be permitted within the
Residential designation subject to the requirements of
this Plan, and the Comprehensive Zoning By -law.
b) A Secondary Suite is only permitted on lots that contain
one residential unit.
c) It must not be a stand - alone, principal unit, capable of
being severed;
d) The Comprehensive Zoning By -law may provide
Secondary Suite regulations which:
1) Restrict any business or commercial enterprise
from taking place within the Secondary Suite;
2) Set out restrictions involving the unit size,
alteration to the outside of the building or
structure, parking requirements, and water and
sewer /septic servicing requirements; and /or
3) Require municipal registration of the Secondary
Suite.
e) The principal dwelling unit and Secondary Suite must
• share the parking area and yards, and no new driveway
may be created;
16. Section D1.5.1(h) is deleted and replaced with the following:
`h) Such development will be encouraged in proximity to
commercial areas where traffic congestion can be minimized;'
17. Section D2.3 is modified by changing `or' to `and' in the last paragraph
between `above' and `behind' referring to the permitted location of new
residential units in the downtown commercial core;
18. Section D7.6 is modified by deleting the second sentence of the second
paragraph beginning The study shall consist of; and, subsections a), b),
c), d) and f) and replaced with, `The study shall conform to the County
of Bruce Environmental Impact Study Guideline, as amended from
time to time.';
19. Section D8.4.11 is modified by changing the Ontario Regulation number
• from `97/04' to `169/06';
20. Section D8.5.2.3 is deleted in its entirety and replaced with the following:
D8.5.2.3 Density for Shoreline Residential Uses
Lots Serviced by Full Municipal Services or Communal Services
It is the policy of this Plan to require the residential portion of all
subdivisions, condominiums or multi - unit/multi -lot developments
that will be serviced by municipal sewer or communal services to
have a density target of no less than 15 `dwelling units' per `gross
developable hectare', in accordance with Section G2.3 of this Plan
Lots Serviced by Private Waste Disposal or Private Water
The minimum lot area for all new development shall be no less than
4047 square metres per lot unless a smaller lot size is supported by a
• `Hydrogeological Report' and `Sewage Disposal Suitability Report' as
outlined in Section `E' Municipal Services. In no case shall lots for
new development on partial services be less than 1800 square
metres in total area.
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APP #9 /OPA #5 Municipality of Kincardine Official Plan
By -law No. 2012 - 042
An average lot frontage of 30 metres shall also be maintained. The
frontage to depth ration shall be a maximum of 1:3.';
• 21. Section E2.5 will be deleted in its entirety and replaced with,
E2.5 `The Municipality will prepare a `Multi -Year Sewage and Water
Servicing Plan' and monitor its municipal services to ensure
that future growth can be accommodated.';
22. Section E3.1 is modified by deleting the first sentence and replacing it
with, `A Multi -Year Sewage and Water Servicing Plan will be prepared
to provide direction for: future extension or expansion of services;
and, the implementation of this Plan.';
23. Section E3.2 is deleted in its entirety
24. Section E3.4 is modified by changing `Ontario Power Generation (O.P.G.)'
to `Bruce ECO- Industrial Park' in the first sentence; and , by deleting and
replacing 'OPG' with `owner', in the last sentence;
•
25. Section E3.5 is modified by deleting "Valentine Site' and replacing with
'Ward Two Site' and changing from `5 years' to '35 years', the projected
capacity;
26. Section E3.8.1 is modified by deleting subsection E3.8.1 d);
27. Section E3.11 is modified by deleting the second sentence in its entirety;
28. Section F3 is modified by deleting the third sentence and replacing it with
the following:
`Roads are divided into four (4) major categories, including
Provincial Highways, Arterial, Collector and Local :'
29. Section F3.1 is modified by adding a new paragraph after the second
paragraph as follows:
1111 `New public road entrances onto Provincial Highways will only be
permitted at locations acceptable to the Ministry of Transportation.'
30. Section F3.2 is modified by deleting "and Provincial" from the second
sentence;
31. Section F4.2.1 is modified by adding "or Provincial Highway" after
arterial in the second sentence;
32. Section G2.3 is modified by adding the additional text at the end of the
paragraph a), as follows:
`b) The residential portion of all subdivisions, condominiums or
multi - unit/multi -lot developments that will be serviced by
municipal sewer or communal services to have a density
target of no less than 15 `dwelling units' per `gross
• developable hectare' (6.1 dwelling units per gross developable
acre). Approval may granted for developments that do not
meet this density when justified and appropriate. An
applicant/developer requesting a reduced density must
provide a planning justification at the time of application.
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APP #9 /OPA #5 Municipality of Kincardine Official Plan
By -law No. 2012 - 042
For the purposes of this Plan, `Gross Developable hectare'
shall mean the total area of the proposed development minus
• the area of any lands designated or zoned Natural
Environment, Environmental Protection or similar constraint in
this Plan or the Comprehensive Zoning By -law. When
considering proposals with more than one land use, the uses
may be separated for determining applicable density.
`c) The residential portion of all subdivisions, condominiums or
multi- unit/multi -lot developments that can accommodate 10 or
more `dwelling units' that will be serviced by municipal sewer
and water or communal services to have a minimum of 30% of
the proposed `dwelling units' to be achieved through the use
of `medium density' (or higher density where appropriate)
`dwelling units'.
Approval may be granted for developments with a reduced
percentage of `medium density' when appropriate and
III justified. An applicant/proponent /developer requesting a
reduced percentage must provide a planning justification at
the time of application.'
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