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Home My WebLink About16 028 Amendment to Comprehensive Zoning By-law 2003-025, (Part of Lots 21-24, Concession A, geographic Township of Kincardine, Municipality of Kincardine) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE *Ent F; t ,�Ng�11TY OF lI\NGPP�\0 O BY-LAW No. 2016 - 028 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 — 025, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE West Ridge on the Lake Inc. Part Lots 21 to 24, Concession A, Geographic Township of Kincardine, Municipality 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 No. 2003 — 025, 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 has enacted By-law 2003 - 025; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A' to By-law No. 2003 —025, as amended, is hereby further amended by changing thereon from `Planned Development (PD)', `Environmental Protection (EP)' and `Residential One Special (R1-p)' to `Residential One Special Holding (R1-bh-H)', `Residential One Special Holding (R1-bi-H)', `Residential Two Special Holding (R2-f-H)', `Residential Three Special Holding • (R3-v-H)', `Residential Four Special Holding (R4-p-H)', `Residential Four Special Holding (R4-q-H)', Open Space Special Holding (OS-b-H)', 'Open Space Special Holding (OS-c-H)', and `Environmental Protection Special Holding (EP- t-H)' the zoning designation on those lands described as Part Lot 21 to 24, Concession 'A', geographic Township of Kincardine, Municipality of Kincardine, as outlined on the attached Schedule 'A'. 2. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By-law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 12.3.62 Notwithstanding their `R1' zoning designation, those lands delineated as `R1-bh-H' on Schedule 'A' to this By-law may be used for `Residential One (R1)' purposes in compliance with the `R1' zone provisions contained in the By- law, excepting however that: i. The minimum exterior side yard setback be no less than 4.5m, ii. The minimum interior side yard setback be no less than 1.2m; and, • that an additional 0.6 m per additional or partial storey above the first storey not apply; Page 2 of 5 Amendment to Comprehensive Zoning By-law 2003-025, (Part of Lots 21-24, Concession A, geographic Township of Kincardine, Municipality of Kincardine) By-law By-law No. 2016 - 028 • iii. The maximum height— principal building be no greater than 11.0 m iv. That the `H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 3. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 12.3.63 Notwithstanding their `R1' zoning designation, those lands delineated as `R1-bi-H' on Schedule 'A' to this By-law may be used for `Residential One (R1)' purposes in compliance with the `R1' zone provisions contained in the By-law, excepting however that: i. The minimum lot area be no less than 5,000.0 sq.m; ii. The minimum lot frontage be no less than10.0 m; iii. The maximum height — principal building be no greater than 11.0 m; iv. That the 'H — holding' provision be removed once a Subdivision • Agreement has been approved, to the satisfaction of the Municipality of Kincardine 4. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 13.4.6 Notwithstanding their `R2' zoning designation, those lands delineated as `R2-f-H' on Schedule 'A' to this By-law may be used for `Residential Two (R2)' purposes in compliance with the `R2' zone provisions contained in the By-law, excepting however that: i. The minimum exterior side yard setback be no less than 4.5 m; ii. The minimum interior side yard setback be no less than 1.2 m, and, that an additional 0.6 m per additional or partial storey above the first storey not apply; iii. The maximum height — principal building be no greater than 11.0 m; iv. That the `H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality • 5. of Kincardine. -law No. 2003 — 025, 25 as amended, being the Comprehensive Zoning By- law -law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 14.3.21 Notwithstanding their `R3' zoning designation, those lands delineated as `R3-v-H' on Schedule 'A' to this By-law may be used for `Residential Three (R3)' purposes in compliance with the `R3' zone provisions contained in the By-law, excepting however that: i. The minimum exterior side yard setback be no less than 4.5 m; ii. The minimum interior side yard setback be no less than 1.8 m where the height is a maximum of 11.0 m; and that an additional 0.6 m per additional or partial storey above the first storey not apply ; iii. The minimum interior side yard setback for an end unit be no less than 1.2 m where the height is a maximum of 10.5 m, and, that an additional 0.6 m per additional or partial storey above the first storey not apply; • Page 3 of 5 Amendment to Comprehensive Zoning By-law 2003-025, (Part of Lots 21-24, Concession A, geographic Township of Kincardine, Municipality of Kincardine) By-law By-law No. 2016 - 028 • iv. The minimum interior side yard setback for an interior [attached] unit be 0.0 m; v. The maximum height— principal building no greater than 11.0 m; vi. That the 'H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 6. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 15.3.16 Notwithstanding their `R4' zoning designation, those lands delineated as `R4-p-H' on Schedule 'A' to this By-law may be used for `Residential Four (R4)' purposes in compliance with the `R4' zone provisions contained in the By-law, excepting however that: i. More than one residential and/or non-residential building or structure may be located on a lot; • ii. Secondary Suites be permitted in semi-detached dwellings and row dwellings in accordance with Section 6.34; iii. The following additional used be permitted: a. Semi-detached dwellings b. Duplex dwellings c. Triplex dwellings d. Quadraplex dwellings e. Row dwellings f. Nursing Home g. Retirement Home. For the purpose of the by-law "Retirement Home" shall mean a building that provides accommodation in the form of dwelling units, which may not have cooking facilities, and which have a separate entrance from a common hall and where common facilities for the preparation and consumption of food are provided and where common facilities may also be provided for such uses as laundry, entertainment, fitness and recreation, personal services, convenience commercial, restaurant, and health and medical care including pharmacy and medical office uses. • iv. The minimum exterior side yard setback be no less than 4.5 m; v. With the exception of Apartment dwellings, Nursing Home and Retirement Home, that the maximum height for residential buildings are no greater than 11.0 m; vi. Landscaped Open Space be no less than 30%; vii. That the 'H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 7. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 15.3.17 Notwithstanding their `R4' zoning designation, those lands delineated as `R4-q-H' on Schedule 'A' to this By-law may be used for `Residential Four (R4)' purposes in compliance with the `R4' zone provisions contained in the By-law, excepting however that: S Page 4 of 5 Amendment to Comprehensive Zoning By-law 2003-025, (Part of Lots 21-24, Concession A, geographic Township of Kincardine, Municipality of Kincardine) By-law By-law No. 2016 - 028 • i. Permitted uses and provisions be in accordance with the `R4-p' zone; 11 ii. The maximum height of an Apartment dwellings, Nursing Home and Retirement Home be no greater than 20.0 m; iii. That the 'H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 8. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 32.3.2 Notwithstanding their'OS' zoning designation, those lands delineated as `OS-b-H' on Schedule 'A' to this By-law may be used for 'Open Space (OS)' purposes in compliance with the 'OS' zone provisions contained in the By-law, excepting however that: i. Permitted uses are limited to the following a. Uses identified in Section 6.2 — Permitted Uses in All Zones; 111 b. Conservation; c. Passive Recreation; d. Structures accessory to permitted uses, and to facilitate lake view corridors in accordance with the Conditions of Draft Approval, such as viewing platform, decks, stairs, gazebo, un- enclosed picnic shelter. ii. That the 'H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 9. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 32.3.3 Notwithstanding their'OS' zoning designation, those lands delineated as `OS-c-H' on Schedule 'A' to this By-law may be used for 'Open Space (OS)' purposes in compliance with the 'OS' zone provisions contained in the By-law, excepting however that: i. Permitted uses are limited to the following • a. Uses identified in Section 6.2 — Permitted Uses in All Zones; b. Public Park c. Recreation Centre d. Auditorium e. Swimming Pool f. Passive Recreation g. Playground h. Accessory uses, such as a parking lot and washroom facilities. ii. That the 'H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 10. By-law No. 2003 — 025, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is further amended by amending the following paragraph, as follows: 34.6.19 Notwithstanding their 'EP' zoning designation, those lands delineated as 'EP-t-H' on Schedule 'A' to this By-law may be used for • `Environmental Protection (EP)' purposes in compliance with the 'EP' zone provisions contained in the By-law, excepting however that: i. Permitted uses are limited to the following Page 5 of 5 Amendment to Comprehensive Zoning By-law 2003-025, (Part of Lots 21-24, Concession A, geographic Township of Kincardine, Municipality of Kincardine) By-law By-law No. 2016 - 028 • a. Uses identified in Section 6.2 — Permitted Uses in All Zones b. Municipal servicing infrastructure including approved stormwater management facilities c. Conservation d. Passive Recreation e. Structures accessory to permitted uses, and to facilitate lake view corridors in accordance with the Conditions of Draft Approval, such as viewing platform, decks, stairs, gazebo, un- enclosed picnic shelters. ii. That the 'H — holding' provision be removed once a Subdivision Agreement has been approved, to the satisfaction of the Municipality of Kincardine. 11.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. 1. This By-law may be cited as the "Amendment to Comprehensive Zoning By- law 2003-025, (Part of Lots 21-24, Concession A, geographic Township of • Kincardine, Municipality of Kincardine) By-law" APPROVED BY Ontario Municipal Board Order, Case No. PL070939, dated April 6, 2016. READ a FIRST and SECOND TIME this 3rd day of March, 2016. READ a THIRD TIME and FINALLY PASSED this 3rd day of March, 2016. Mayor Clerk • 110 Schedule 'A' to Zoning By-law 2016-028 Part Lots 21 to 24, Concession A, Municipality of Kincardine (geographic Township of Kincardine) \[177 Bruce Rd 23\] Lake Huron 05010025 Metres Subject Property Lands to be zoned 'R4-p-H,Residential Four Special Holding' Lands to be zoned 'R1-bh-H,Residential One Special Holding' Lands to be zoned 'R4-q-H,Residential Four Special Holding' Lands to be zoned 'R1-bi-H,Residential One Special Holding' Lands to be zoned 'OS-b-H, Open Space Special Holding' Lands to be zoned 'R2-f-H,Residential Two Special Holding' Lands to be zoned 'OS-c-H,Open Space Special Holding' Lands to be zoned 'EP-t-H Environmental Protection Lands to be zoned 'R3-v-H,Residential Three Special Holding' Special Holding' This is Schedule 'A' to Zoning By-law Amendment No. 2016-028 passed this 3rd day of March, 2016. As per Ontario Municipal Board Order OMB Case No. PL070939-O070169 OMB File No. PL080494 APPLICANT: West Ridge on the Lake Inc. c/o Nicola Mitchinson DATE: March 2016 File No. Z-41-08.21