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HomeMy WebLinkAbout21 066 1445148 Ontario Limited (80 Sunset Drive) Site Plan Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2021 D 066 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH 1445148 ONTARIO LIMITED (LAKE RANGE PT LOT 47 RP 3R5505 PART 1) WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes municipalities to enter into Site Plan Agreement; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into a Site Plan Agreement with 1445148 Ontario Limited for that property defined as: LAKE RANGE PT LOT 47 RP 3R5505 PART 1 NOW THEREFORE the Council of the Corporation of the Municipality ofKincardine ENACTS as follows: 1. That the Municipality of Kincardine enter into a Site Plan Agreement with 1445148 Ontario Limited for that property located at 80 Sunset Drive, more particularly described in Schedule WAX of the attached Site Plan Agreement. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of the Corporation of the Municipality of Kincardine the agreement with 1445148 Ontario Limited attached to this by-law as Schedule WAX, as well as any other documentation including any acknowledgement and direction required and relating to the said Site Plan Agreement. 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, 1990. 4. This By-H>SI>U?B@FPBA>OPEBW1445148 Ontario Limited (80 Sunset Drive) Site Plan Agreement) By-H>SX# th READ a FIRST and SECOND TIME this 12 day of April, 2021. th READ a THIRD TIME and FINALLY PASSED this 12 day of April, 2021. Kfoojgfs!Mbxsjf Sboez!Spqqfm Tjhofe!xjui!DpotjhoP!Dmpve!)3132015033* Tjhofe!xjui!DpotjhoP!Dmpve!)313201502:* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Deputy Mayor Clerk Page 1 Site Plan Agreement SITE PLAN AGREEMENT This AGREEMENT made this ► day of FPr, 1 2021. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the "Municipality" of the First Part, -and- 1445148 Ontario Limited hereinafter called the "Owner" of the Second Part. WHEREAS the Owner represents that it is the registered owner of those lands in the Municipality of Kincardine, County of Bruce, described in Schedule "A" attached hereto and forming part of this agreement ("subject property"); AND WHEREAS the parties hereto agree that the lands affected by this agreement are as set out in Schedule "A" attached hereto; AND WHEREAS the subject property falls within Site Plan Control Area (See Corporation of the Township of Bruce By-Law No. 81-23, which falls within the jurisdiction of The Corporation of the Municipality of Kincardine) pursuant to the provision of Section 41 of the Planning Act, R.S.O., 1990, c,P.13, as amended; AND WHEREAS the Municipality has enacted The Corporation of the Municipality of Kincardine Comprehensive Zoning By-Law, By-Law 2003-25, being A By-law to Regulate the Use of Land and the Character, Location and Use of Buildings and Structures in the Municipality of Kincardine ("Zoning By-Law"); AND WHEREAS Section 34.3 of the Zoning By-Law provides that `EP' Zone Boundaries identified on Schedule 'A' of said by-law are intended to generally identify areas of existing or potential natural hazards, areas of natural or scientific interest and areas of provincial natural significance and notwithstanding, EP Environmental protection zone boundaries are subject to minor changes without a formal amendment to the by-law when approved in writing by Saugeen Valley Conservation Authority (SVCA) and the Chief Building Official of the Corporation of the Municipality of Kincardine (CBO), AND WHEREAS pursuant to Section 34.3 of the Zoning By-Law, SVCA and CBO have granted, a conditional approval of the "EP" Zone Boundary as it relates to the subject property based on their review of the zoning map attached to the Zoning By-Law applicable for the subject property and the recommendations contained in a Shoreline Hazard Assessment dated November 10, 2018 and a Natural Heritage Environmental Impact Study dated December, 2019 for the purposes of providing an appropriate building envelope; AND WHEREAS the approval granted by SVCA and the CBO provides that as a condition of approval, the Owner is required to enter into a Site Plan Agreement to ensure that the recommendations from the Natural Heritage Environmental Impact Study dated December, 2019 are followed; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval of the plans for the development on subject parcel of land by the Municipality and the sum of ONE ($1.00) DOLLAR, the receipt of which is hereby admitted, the Owner for himself and for all successors in title, HEREBY AGREES with the Municipality as follows: Page 2 Site Plan Agreement RECITALS 1. The foregoing recitals are true and accurate, and the terms defined therein shall bear the meanings indicated throughout this Agreement. PART A-SCHEDULES 1. The following Schedules are attached hereto and form part of this agreement: 1.1 Schedule A- Description of Land 1.2 Schedule B- List of Approved Site Plan Documents PART B-GENERAL PROVISIONS 2. The Owner agrees to provide.- a) rovide:a) A detailed dimensioned Site Plan shall be prepared by the proponent to reflect and maintain compliance with the EIS Building Envelope as delineated in the Natural Heritage Environmental Impact Study and the proposed laneway/service corridor and the Hazard Land assessment by AQS. The Site Plan shall also include the EIS Buffer Zones, labeled as `No Disturbance Zone'. The Site Plan shall also include the EIS mitigation points as 'Notes' to the Site Plan. PART C- SITE DEVELOPMENT AND MAINTENACE PROVISIONS 3. The Owner acknowledges and agrees that: a) Tree felling and/or vegetation removal within the approved Building Envelope Lands and/or Laneway/Servicing Corridor, should avoid the active woodland bird nesting/rearing season from May 1 st to August 15th, in accordance to the Federal Migratory Birds Act. - If tree cutting activities are needed to occur within this constraint time period then the proponent at their expense, shall retain a qualified avian consulting person to aid in implementing nest discouraging measures as per Environment Canada recommendations prior to the nesting season commencing. Said qualified individual shall monitor the development lands for nesting activity pre- tree cutting commencing, to identify any individual nests needing additional protection measures. During any tree cutting activity which occurs in the active nesting/rearing season, said qualified person shall monitor nesting activity with compliance reporting to the Municipality and Conservation Authority re mitigative measures successfully undertaken. b) The approved Building Envelope and Laneway/Servicing Corridor perimeter shall be staked in the field with temporary snow fencing or similar highly visible means prior to any site alterations occurring. Said barrier shall have field signage clearly displayed stating 'No Disturbance Zone' to prevent machine access or vegetation damage or site alterations from occurring beyond the approved development lands. At the proponent's expense, said mitigative measure shall be inspected in the field by a qualified environmental consultant with a compliance letter and photographic evidence provided to the Municipality and Conservation Authority that said works have been successfully completed and consistent with the approved Site Plan. c) Prior to the commencement of vegetation clearing within the approved laneway entrance the proponent at their expense shall: have said entrance location lands inspected by a qualified person in Rare Plant Identification. Any identified rare vascular plants, particularly Great Lakes Sandreed, shall be relocated by a qualified person into suitable habitat fronting the subject property. Said transplanting mitigative work should only be carried out from early-mid June or mid-late September period. Post the transplanting mitigative work, a compliance letter report with photographic evidence shall be provided to the Municipality and Conservation Authority that said works have been successfully completed. 4. The Owner acknowledges and consents to the registration of this Agreement at the Owner's Page 3 Site Plan Agreement expense against title to the subject property. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the lands and shall be binding upon it, its successors and assigns as owners and occupiers from time to time and this covenant shall be to the benefit of the Municipality and its lands and highways appurtenant and adjacent to the lands. 5. The Owner acknowledges that the Municipality, in addition to any other remedy it may have at law, shall also be entitled to enforce this Agreement in accordance with Section 446 of the Municipal Act, R.S.O. 2001, as amended. 6. Nothing in this Agreement shall relieve the Owner from compliance with all applicable Municipal by-laws, laws, statutes, regulations, notice or other policies or laws and/or regulations established by any other governmental body that may have jurisdiction over the lands. 7. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words, "at the expense of the Owner", unless the context otherwise requires, including the payment of any and all applicable taxes. 8. The Owner hereby agrees and will expediently cause to be paid to the Municipality, any and all fees, deposits or other such consideration as is deemed necessary by the Municipality for the fulfillment of this Agreement. Said fees are set forth in the Rates and Fees By-law. 9. The Owner agrees to maintain in good repair and at its sole expense the subject lands in conformity with the provisions of Schedule "B", and all other requirements pursuant to this agreement, and all repair or maintenance shall conform with the requirements of this agreement as it applied to the original development. 10. The Owner and the Municipality agree that all covenants and conditions contained in this Agreement shall be severable and that, should any covenant or condition in this Agreement be declared invalid or enforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 11. All documents and provisions referred to in this Agreement, the Owner warrants are accurate as to all provisions and other matters shown thereon and information included therein. In the event that any material misrepresentation, whether accidental or otherwise is found to exist and which on reasonable grounds has prejudiced or compromised the Municipality's position, then the Owner shall be required, at its expense to resolve all matters. Failing this, the Municipality may rectify the situation at the Owner's expense. For the above reasons, the Owner acknowledges the importance of having reliable and accurate documentation and that the Municipality is relying upon them and is entering into this Agreement on that basis. 12. This Agreement shall be binding on all successors, assigns and/or heirs. 13. Once the Municipality of Kincardine has entered into the site plan agreement with the owner, all subsequent documents binding the Corporation will be executed by the Mayor and CAO. 14. Any notice required or permitted to be given pursuant to the provisions of this Agreement may be given personally or shall be mailed to each party at the address hereinafter set out. If mailed, by prepaid first-class post, it shall be deemed to have been received by the fourth day after which it is postmarked. Any change in address shall be communicated in a written format, one party to the other. To the Owner at: 1445148 Ontario Limited 69 Regal Road, Unit#1 Guelph, ON N1 K 1 B6 To the Municipality at: ATTENTION: Municipal Clerk 1475 Concession 5 Kincardine, ON N2Z 2X6 Page 4 Site Plan Agreement THIS AGREEMENT shall be read with all changes in gender or number required by the context. THIS AGREEMENT shall be binding upon and ensure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the Parties have hereunto affixed their respective seals underthe hands of their proper officers duly authorized in that behalf. BY THE MUNICIPALITY ON THE ',C� DAY OF Ea,p r`, 2021. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE CORPORATION OF THE } MUNICIPALITY OF KINCARDINE Randy R po pel, Deputy Mayor } Sharon Chambers, Chief Administrative Officer 1445148 ONTARIO LIMITED Z Witness`s President - Stena arniella I HAVE AUTHORITY TO BIND THE CORPORATION Page 5 Site Plan Agreement Schedule "A" LAKE RANGE PT LOT 47 RP 3R5505 PART 1 Page 6 Site Plan Agreement Schedule "B" List of Approved Site Plan Documents EIS Compliance Letter— Plants—AWS Environmental Consulting Inc. — September 30, 2020 Hazard Assessment Report—Aqua Solutions 5 Inc. — November 10, 2018 Natural Heritage Environmental Impact Study —AWS Environmental Consulting Inc. — December 2019