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Home My WebLink About14 112 Amend Zoning 1635103 ontario ltd. pwu training inc. part of lot 3 plan 3M-113 PCL 3-2 township of bruce THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 4' �1� i � GNC /PAIIIYOF KMCP�\ O BY -LAW No. 2014 —112 BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE 1635103 Ontario Ltd. c/o PWU Training Inc. Part of Lot 3, Plan 3M -113, PCL 3 -2 (being Part 2 on 3R- 5082), 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 'ECI' to 'ECI -c' the zoning designation of those lands described as Part of Lot 3, Plan 3M -113, PCL 3 -2 (being Part 2 on 3R- 5082), Municipality of Kincardine (geographic Township of Bruce) as shown on the attached Schedule 'A'. II 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 a paragraphs to Section 29.4, as follows: 29.4.3 Notwithstanding their `ECI' zoning designation, those lands delineated as 'ECI -c' on Schedule 'A' to this By -law may be used for 'Energy Centre Industrial' purposes in compliance with the 'ECI' zone provisions contained in this By -law, excepting however, that: i) A training facility is also a permitted use; ii) An accessory office to a training facility is permitted. 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. • Page 2 Amendment to Comprehensive Zoning By -law 2003 -25, Part of Lot 3, Plan 3M -113, PCL 3 -2 (being Part 2 on 3R- 5082), Municipality of Kincardine (geographic Township of Bruce), By -law 1111 By -law No. 2014 — 112 4. This By -law may be cited as the "Amendment to Comprehensive Zoning By -law 2003 -25, Part of Lot 3, Plan 3M -113, PCL 3 -2 (being Part 2 on 3R- 5082), Municipality of Kincardine (geographic Township of Bruce), By -law ". READ a FIRST and SECOND TIME this 13th day of August, 2014. READ a THIRD TIME and FINALLY PASSED this 13th day of August, 2014. (l7/1/n--e. 72—eb- cni ,Yt 0C (z .f )1/4.(1 Deputy Mayor Deputy Clerk • Schedule 'A' Part of Lot 3, Plan 3M -113, PCL 3 -2 (being Part 2 on 3R- 5082), Municipality of Kincardine (geographic Township of Bruce) [117 Farrell Drive] • ECI -h ite ":" st ECI ECI -h N 0 12.5 25 50 ECI -a I . . i 1 1. i I Metres Subject Property Lands to be zoned 'ECI -c, Energy Centre Industrial Special' This is Schedule 'A' to Zoning By -law Amendment No. 2014 -112 passed this 13th day of August, 2014 e Deputy Mayor , Deputy Clerk LI , LO -O FILE: Z -32 -14.26 APPLICANT: 1635103 $ntario Ltd. /PWU Training Inc. DATE: August 2014 By -law 2014 -112 amended by Ontario Municipal Board OMB Minutes of Settlement dated as of this 11th day of May, 2015 (Section 2) OMB Case No. PL 140995 OMB File No. PL 140995 PL140995 ONTARIO MUNICIPAL BOARD Commission des affaires municipales de 1'Ontario GreenField Specialty Alcohols Inc. has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c.P.13, as amended, against Zoning By -law 2014-.112 of the Corporation of the Municipality of Kincardine. OMB Case No. PL 140995 OMB File No. PL 140995 MINUTES OF SETTLEMENT These Minutes of Settlement dated as of this fl day of / , 2015 BETWEEN: �`JJ THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (hereinafter "Kincardine ") -and - GREENFIELD SPECIALTY ALCOHOLS INC (hereinafter "GreenField ") -and- 1635103 ONTARIO INC. (hereinafter "1635103") -and - PWU TRAINING INC. (hereinafter "PWU") WHEREAS Kincardine enacted Zoning By -law No. 20I4 -112 (the "Amendment "), being a By -law to amend Zoning By -law 2003 -25, as amended, being the Comprehensive zoning by -law for the Municipality of Kincardine; WHEREAS Zoning By -law No. 2014 -112 pertains to the property owned by 1635103 and leased by PWU; Minutes of Settlement 1 • PL140995 AND WHEREAS one appeal was made to the Ontario Municipal Board ("OMB ") in respect of the Amendment pursuant to subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, by GreenField (the "GreenField Appeal "); AND WHEREAS Kincardine, GreenField, 1635103 and PWU have reached a settlement with respect to the matters before the OMB in the GreenField Appeal as set out herein; NOW THEREFORE WITNESSETH THAT the parties hereby agree upon a full and complete settlement of the GreenField Appeal on the following terms and conditions: 1. The parties confirm that the foregoing recitals are true and correct. 2. The parties agree to jointly request that the OMB issue an order with respect to this matter to allow the GreenField Appeal in part by revising the Amendment as follows: Delete section 2 of Zoning By -law No. 2014 -112 as enacted and substitute the following: "2. By -law No. 2003 -25, as amended, being the Comprehensive Zoning By -law fir the Municipality of Kincardine, is hereby further amended by adding a paragraph to Section 29.4, as follows: ,Section 29.4.3 Notwithstanding their 'E I' zoning designation, those lands delineated as 'E(7- c' on Schedule 'A' to this By -law may be used for 'Energy Centre Industrial' purposes in compliance with the 'E(1' zone provisions contained in this By-law. excepting however, that (1) An Industrial Training Facility is also a permitted use; (ii) An accessory office to an Industrial Training Facility is permitted For the purposes of this Section 29.4.3, 'Industrial Training Facility' shall be defined as the use of any building or structure or part thereof in which vocational and technical skills involving the uses, operation and maintenance of industrial equipment or processes are taught, including industrial equipment and processes associated with or related to any E_ner •Centre Use or to the products or by- products of the Bruec Nuclear Power Development (BNPD)." 3. Each party hereto shall participate in such proceedings as may be directed by the OMB to give effect to these Minutes of Settlement. 4. Each of the parties hereto agrees not to request or accept a cost award from the OMB against the other party arising from these proceedings. 5. These Minutes of Settlement constitute the entire agreement between the parties as to the matters dealt with herein and supersede all prior negotiation and understandings. Any amendment to these Minutes of Settlement or waiver of any provision of these Minutes of Settlement must be in • writing and signed by the parties hereto. Minutes of Settlement 2 • PL140995 6. These Minutes of Settlement may be executed in several parts of the same form and such parts as so executed shall together form one original of the Minutes of Settlement and such parts shall be read together and construed as if all the signing parties hereto had executed one copy of these Minutes of Settlement. To evidence the fact it has executed these Minutes of Settlement, a party may send a copy of its executed counterpart to the other parties by electronic transmission and the signature transmitted thereby shall be deemed to be an original signature for all purposes, IN WITNESS WHEREOF the parties have executed these Minutes of Settlement. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Authorized by the Municipality of Per: Kincardine Council resolution passed , 2015 I have authority to bind Municipality of Kincardine GREENFIELD SPECIALTY ALCOHOLS INC. Per: y Chec` 4 I hav uthority to bind the Corporation 1635103 ONTARIO INC. Per: I have authority to bind the Corporation PWU TRAINING INC. Per: I have authority to bind the Corporation Minutes of Settlement 3 PL140995 6. These Minutes of Settlement may be executed in several parts of the same form and such parts as so executed shall together form one original of the Minutes of Settlement and such parts shall be read together and construed as if all the signing parties hereto had executed one copy of these Minutes of Settlement. To evidence the fact it has executed these Minutes of Settlement, a party may send a copy of its executed counterpart to the other parties by electronic transmission and the signature transmitted thereby shall be deemed to be an original signature for all purposes. IN WITNESS WHEREOF the parties have executed these Minutes of Settlement. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Authorized by the Municipality of Per: Kincardine Council resolution passed ha 20 , 2015 L t ` t --F ! C:\g-- \C"' wc, n ad ave autho to bind M ic a of K � 'L An z ,i i 1 t4lu�ray Clcr !Amor (`sires garn'sm tcalivY. G CcttCr GREENFIELD SPECIALTY ALCOHOLS INC. Per: I have authority to bind the Corporation 16351 03 ONTARIO INC. Per: 1 have authority to bind the Corporation PWU TRAINING INC. Per: I have authority to bind the Corporation Minutes of Settlement 3 85/19/2815 11: 02 CONCESSION LAW 4 15198818595 ND.475 D82 C NSK 20 15-05-19 12:05 C J ±R:=,VIN5Ki 905627102E » 905 574 3299 P 1/1 PL/44995 6. The Minutes of Settlement msy be executed in several parts ate some form end such parts AS so'woad shall together forth one original of the Minutes of Settlement and such parks shall be resod together and construed as if ail the signing parties hereto had executed ono copy of these Minutes of Settlement. To evidence tht feet It has executed these Minutes of Saaiement, SPAY may send a Copy of its executed counterpart to the other parties by electronic transmission and the signature transmitted thereby shall be deemed to be an original signature for ail purposes. tN WITNESS WHEREOF the patties have executed these Minutes of Settlement. THE COPtPORATION OP THE MUNICIPALITY OP KINCARDINE Authorized by the Municipality of Per: Kincardine Council restllutlon passed ,2015 1 hake $uthority is bind Municipality of Kincardine GRIEENP1Z141 SPECIALTY ALCOHOLS INC. Pet. 1 have authority to bind the Corporation 1 Q NT � t �.I S i t p 63s103 V ILA la4"l.:rt e. �► INC. (1,C" el i 1 have authority to bind the Corporation PWU TRAINING INC. Per: 1 have authority to bind the Corporation Minutes of Settlement 3 2tr15-05 i9 11:32 DERMOOY LAW OFF 905 574 3299 PaFp d E PL140995 6. These Minutes of Settlement may be executed in several parts of the same form and such parts as so executed shaft together form one original of the Minutes of Settlement and such parts shall be read together and construed as if all the signing parties hereto had executed one copy of these Minutes of Settlement. To evidence the fact it has executed these Minutes of Settlement, a party may send a copy of its executed counterpart to the other parties by electronic transmission and the signature transmitted thereby shall be deemed to be an original signature for all purposes. IN WITNESS WHEREOF the parties have executed these Minutes of Settlement. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Authorized by the Municipality of Per: Kincardine Council resolution passed , 2015 1 have authority to bind Municipality of Kincardine GREENFIELD SPECIALTY ALCOHOLS INC. Per: I have authority to bind the Corporation 1635103 ONTARIO INC. Per: 1 have authority to bind the Corporation PWU TRAINING INC. Per: , r / i ' i Ptir 14 V 14 P /I of4 J 11 h ve authority to bind the Corporation Minutes of Settlement 3 I