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HomeMy WebLinkAbout13 130 Amend zoning part of lot 4 concession 4 bruce energy centre c/o stantec THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 1111 '. ,4 "°'PAII TYOF MGo BY -LAW No. 2013 —130 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE Bruce Energy Centre Inc. Part of Lot 'F', Concession 4, Municipality of Kincardine (geographic Township of Bruce) • 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 'M2' to 'ACI -aa -H' the zoning designation of those lands • described as Part of Lot 'F', Concession 4, Municipality of Kincardine (geographic Township of Bruce) as shown 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 27.4 thereof: 27.4.26 Notwithstanding their 'ACI' zoning designation, those lands delineated as 'ACI -aa -H' on Schedule 'A' to this By -law may be used for 'Agricultural Commercial Industrial' purposes in compliance with the 'ACI' zone provisions contained in this By -law, excepting however, that: (i) The lands shall be subject to Site Plan Control; (ii) Residential uses are prohibited; and (iii) Permitted Non - Residential uses shall also include the following: • Page 2 of 2 Amendment to Comprehensive Zoning By -law 2003 -25, Part of Lot F, Concession 4, Municipality of Kincardine (geographic Township of Bruce), By -law By -law No. 2013 - 130 III NON - RESIDENTIAL a) Automobile Car Wash b) Automobile Gas Bar c) Automobile Service Station d) Restaurant e) Convenience Store f) Warehouse (iv) Prior to removal of the `Holding' provision the lands may continue to be used as an aggregate extraction pit in compliance with the `M2- Extractive Industrial' zone. The `H — holding' provision may be removed once the following conditions have been satisfied: a. A Site Plan Agreement has been entered into between the owner and the Municipality. b. Written confirmation has been received by the • Municipality that the requirements of the Ministry of Natural Resources have been met, and the aggregate license has been released on the subject lands. c. Written confirmation has been received by the Municipality that the requirements of the Saugeen Valley Conservation Authority have been met, related to hazards including watercourses and floodplains, unstable soils, steep slopes and drainage. d. Written confirmation has been received from the County of Bruce Engineer that access permit(s) have been issued. 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. 3. This By -law may be cited as the "Amendment to Comprehensive Zoning By -law 2003 -25, Part of Lot F, Concession 4, Municipality of Kincardine (geographic Township of Bruce), By -law ". 0 REA a FIRS . • e ' 1 time this 9 day of October, 2013. IIIIV.I. - $ - .- Mayor Clerk READ a THIRD ' an ALLY PASSED this 9 day of October, 2013. /(—--- _ " Mayor Clerk III SCHEDULE 'A' Part Lot F, Concession 4 (1554 Bruce Road 23 / 3287 Bruce Road 20) Municipality of Kincardine (geographic Township of Bruce) Ilk --,. 4 m a �o �a� N Farrell or= fr ; \ N* t.1 4.- # ■ 1 % k , `♦♦♦ ■ jrcp 0 A cc At‘t so 97 . .co 0 N 0 50 100 200 I i ill i i i l \_ / Me - SUBJECT PROPERTY ma LANDS TO BE ZONED 'ACI -aa -H, AGRICULTURE COMMERCIAL INDUSTRIAL SPECIAL HOLDING' THIS IS SCHEDULE 'A' TO THE ZONING BY -LAW AMENDMENT NO. 2013 -130 PASSED THIS 9th DAY OF F October, 2013 ,,,_2( , 0 MAYOR �, ......„________ - CLERK ISL Q,t4 FILE: Z -26 -13.26 APPLICANT: Bruce Energy Centre c/o Stantec DATE: September 2013