HomeMy WebLinkAbout19 043 Amendment to Comprehensive Zoning By-law No. 2003-25, 169 Vicotira Street (4108-210-005-21701) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
No. 2019 - 043
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 - 25, BEING THE
COMPREHENSIVE ZONING BY-LAW FOR
THE MUNICIPALITY OF KINCARDINE
Roy Frater & Marian Hyde
Part Lot 61 to Part Lot 64, Concession A, with Right -of -Way, Municipality of
Kincardine (geographic Township of Kincardine)
is
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 - 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 No. 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 amended by
changing thereon from 'Planned Development' and 'Environmental
Protection (EP)' Zone to 'Planned Development Special Holding (PD -m -h)'
and 'Planned Development Special Holding (PD -n -h)' and `Environmental
Protection (EP)' Zone on those lands described as Part Lot 61 to Part Lot
• 64, Concession A, with Right -of -Way, Municipality of Kincardine
(geographic Township of Kincardine) as outlined on the attached Schedule
W.
2. By-law No. 2003 - 25 as amended, being the Comprehensive Zoning By-
law for the Municipality of Kincardine, is further amended by adding the
following paragraph, as follows:
35.3.13 (Special Provisions) Notwithstanding any other provision of this
By -law -
(i) In addition to the permitted uses in the PD zone, one detached
residence in accordance with the R1 zone provision, is permitted those
lands zoned PD -m -h;
(ii) The `h — holding' provision on those lands zoned `PD -m -h' may be
removed when Council is satisfied that the following conditions have
been met:
• a. An Archaeological Assessment has been completed or
demonstration by a qualified professional that an Archaeological
Assessment is not required.
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Amendment to Comprehensive Zoning By-law 2003-25, 169 Victoria Street (4108-
210-005-21701), By-law
By-law No. 2019 - 043
b. The Saugeen Valley Conservation Authority (SVCA) has
confirmed that the proposed location of the building envelope is
within the limits of the PD -m zone and meets SVCA regulatory
requirements.
(iii) In addition to the permitted uses in the PD zone, one detached
residence in accordance with the R1 zone provision, is permitted those
lands zoned PD -n -h
(iv) The `h — holding' provision on those lands zoned `PD -n -h' may be
removed when Council is satisfied that the following conditions have
been met:
a. An Archaeological Assessment has been completed or
demonstration by a qualified professional that an Archaeological
Assessment is not required;
b. An Environmental Impact Study has been completed to the
satisfaction of the SVCA or clearance of such study requirement
is provided by the SVCA.
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 "Amendment to Comprehensive Zoning
By-law No. 2003 - 25, 169 Victoria Street (4108-210-005-21701), By-law"
READ a FIRST and SECOND TIME this 11th day of March, 2019.
READ a THIRD TIME and FINALLY PASSED this 11th day of March, 2019.
Mayor
Clerk
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Schedule 'A'
Part Lot 61 to Part Lot 64, Concession A, with ROW (169 Victoria St)
Municipality of Kincardine (geographic Township of Kincardine)
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0 100 200
I I
Metres
Subject Property
Lands to be zoned 'PD -m -h' - Planned Development Special
Holding Lands zoned 'PD -n -h' -Planned Development Special
Holding Lands to be zoned 'EP' - Environmental Protection
This is Schedule 'A' to the zoning by-law
amendment number 2019 - 043 passed this
11 th day of March, 2019.
Mayor
Clerk
File: Z-8-2019.21
Applicant: Roy Frater & Marian Hyde Date: March, 2019