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HomeMy WebLinkAbout20 167 Amendment to Comprehensive Zoning By-law 2003-25, James (Wayne) Collins and Bonnie Patterson Collins (38 Sprucedale Drive), By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBr LCY OF BY-LAW NO. 2020 - 167 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 - 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE James (Wayne) Collins and Bonnie Patterson - Collins Part Lots 51-55, Lake Range, Municipality of Kincardine (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 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 further amended by changing thereon from the `Residential One (R1)', `General Agriculture Special Holding (A1-gg-H)' and `Environmental Protection Special (EP-u)' zones to the `Residential One (R1)', `General Agriculture Special Holding (A1-gg-H)', `General Agriculture Special (A1-gt)', `General Agriculture Special Holding (A1-gu-H)' and `Environmental Protection Special (EP-u)' zones on those lands described as Part Lots 51-55, Lake Range, geographic Township of Bruce, Municipality of Kincardine as outlined 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 further amended by modifying the provisions for the `General Agriculture Special Al-gg-H' zones by deleting the existing text of Section 9.5.187 (adopted on March 9, 2016 through By- law No. 2016 — 031) and replacing it with the following: 9.5.187 Those lands delineated as `A1-gg-H' on Schedule "A" to this By-law may be used in accordance with the following provisions: i) Site alteration shall be limited to established best practices for forest management; ii) A single detached dwelling is permitted; iii) Accessory building and structures in accordance with Section 6.4 are permitted; Page 2 of 3 Amendment to Comprehensive Zoning By-law 2003 — 25, James (Wayne) Collins and Bonnie Patterson Collins (38 Sprucedale Drive), By-law By-law No. 2020 - 167 iv) The `H-Holding' provision may be removed once the following condition has been satisfied: i) Development shall be under Site Plan Control to implement the recommendations of the Environmental Impact Study (Natural Heritage Environmental Impact Study, AWS, February 2015) and the Hydraulic Report (Burnside, 2020)to the satisfaction of the Municipality of Kincardine and Saugeen Valley Conservation Authority. 3. By-law No. 2003 - 25, as amended being the Comprehensive Zoning By-law for the Municipality of Kincardine, is further amended by amending the following paragraph as follows: 9.5.194 Those lands delineated as `A1-gt' on Schedule "A" to this By- law may be used in accordance with the following provisions: i) Site alteration shall be limited to established best practices for forest management; ii) A driveway to provide access to those lands zoned `General Agriculture Special Holding (A1-gu-H)' is permitted. 4. By-law No. 2003 - 25, as amended being the Comprehensive Zoning By-law for the Municipality of Kincardine, is further amended by amending the following paragraph as follows: 9.5.195 Those lands delineated as `A1-gu-H' on Schedule "A" to this By-law may be used in accordance with the following provisions: i) Site alteration shall be limited to established best practices for forest management; ii) A single detached dwelling is permitted; iii) Accessory building and structures in accordance with Section 6.4 are permitted; iv) The `H-holding' provision may be removed once the following conditions has been satisfied: i) Development shall be under Site Plan Control to implement the recommendations of the Environmental Impact Study (Natural Heritage Environmental Impact Study, AWS, February 2015) and the Hydraulic Report (Burnside, 2020) to the satisfaction of the Municipality of Kincardine and Saugeen Valley Conservation Authority. 5. By-law No. 2003 - 25, as amended being the Comprehensive Zoning By-law for the Municipality of Kincardine, is further amended by modifying the provisions for the `Environmental Protection Special (EP-u)' zone by deleting the existing text of Section 34.6.20 (adopted on March 9, 2016 through By- law No. 2016 - 031) and replacing it with the following: 36.6.20 Notwithstanding their `EP' zoning designation, those lands delineated as `EP-u' on "Schedule A" to this By-law may be used for `Environmental Protection (EP) purposes in compliance with the `EP' zone provisions contained in this By- law, excepting however, that: i) Site alteration shall be limited to established best practices for forest management; ii) a driveway to provide access to those lands zoned `General Agriculture Special Holding (A1-gu-H) is a permitted use. Page 3 of 3 Amendment to Comprehensive Zoning By-law 2003 — 25, James (Wayne) Collins and Bonnie Patterson - Collins (38 Sprucedale Drive), By-law By-law No. 2020 - 167 6. That 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. 7. This By-law may be cited as the "Amendment to Comprehensive Zoning By- law 2003 — 25, James (Wayne) Collins and Bonnie Patterson Collins (38 Sprucedale Drive), By-law". READ a FIRST and SECOND TIME this 14th day of December, 2020. READ a THIRD TIME and FINALLY PASSED this 14th day of December, 2020. Mayor Eadie Jennifer Lawrie Signed with ConsignO Cloud(2021/02/02) Signed with ConsignO Cloud(2021/02/03) Verify with ConsignO or Adobe Reader. Verify with ConsignO or Adobe Reader. Mayor Clerk Schedule 'A' 38 Sprucedale Dr - Lake Range Part Lots 51 to 55 RR 382738; Parts 1 6t 2 Rall# 410826000515601 and 410826000520000 Municipality of Kincardine (geographic Township of Bruce) N O Y,� ro 3 1 rn a' d F � 0 _ = <0 co T •� = N �o 0 100 200 Metres Subject Property Lands to be zoned R1 - Residential One Lands zoned Al-gg-h - General Agriculture Special Holding 0000°°°°°° 000°°°000°°° Lands to be zoned Al-gu-h - General Agriculture Special Holding °° 00000000°000 Lands to be zoned Al-gt - General Agriculture Special Lands zoned EP-u - Environmental Protection Special This is Schedule 'A' to the zoning by-law amendment number 2020 -167 passed this 14th day of December, 2020. Ma or Eadue Mayor Cle d Jennifer Lawrie File: Z-2020-066 Applicant: Wayne Patterson Et Bonnie Patterson-Collins Date: December 2020