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 KBT • �y����ALI1Y OF KINCRQ�\�� 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. • • �J • Page 2 of 2 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 • Schedule 'A' Part Lot 61 to Part Lot 64, Concession A, with ROW (169 Victoria St) Municipality of Kincardine (geographic Township of Kincardine) �. N � j 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