HomeMy WebLinkAbout21 147 Plan 10 PT Park Lot 10 RP;3R8783 Part 1 PCL 10-1, Municipality of Kincardine (geographic Town of Kincardine) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2021 – 147
A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR
THE MUNICIPALITY OF KINCARDINE
Dyck
PLAN 10 PT PARK LOT10 RP;3R8783 PART 1 PCL 10-1
MUNICIPALITY OF KINCARDINE
(Town 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 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 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)’ Zone to the ‘Residential
Four Special Holding (R4-t-H)’ Zone on those lands described as PLAN 10 PT
PARK LOT 10 RP;3R8783 PART 1 PCL 10-1 Municipality of Kincardine
(geographic Town 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 amending the following
paragraph, as follows:
15.3.20 Notwithstanding their ‘R4’ zoning designation, those lands
delineated as ‘R4-t-H’ on Schedule ‘A’ to this By-law may be used
for ‘Residential’ purposes in compliance with the ‘R4’ zone
provisions contained in this By-law, excepting however, that:
i. The parking area is permitted to be 5 meters from the street
line;
ii. The lands are subject to site plan control. The holding
provision is to be removed upon execution of a Site Plan
Agreement between the Municipality and the Application, to
the satisfaction of Council.
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.
Page 2 of 2
PLAN 10 PT PARK LOT 10 RP;3R8783 PART 1 PCL 10-1,
Municipality of Kincardine (geographic Town of Kincardine)
By-law No. 2021 - 147
4. This By-law may be cited as the “PLAN 10 PT PARK LOT 10 RP;3R8783 PART
1 PCL 10-1, Municipality of Kincardine (geographic Town of Kincardine) By-law”.
READ a FIRST and SECOND TIME this 8th day of Setember, 2021.
READ a THIRD TIME and FINALLY PASSED this 8th day of September, 2021.
Mayor Clerk
Schedule 'A'
7 Mount Forest Ave - Plan 10 Part Park Lot 10 RP;3R8783 PART 1 PCL 10-1 - Roll # 410821000404900
Municipality of Kincardine (geographic of Town of Kincardine)
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Date: August, 2021
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
Subject Property
Lands to be zoned R4-t-H - Residential Four Special Holding
Lands zoned R1 - Residential One
Lands to be zoned EP - Environmental Protection
File: Z-2021-019 Applicant: 12353865 Canada Inc c/o Robert J Dyck, Architect
0 25 50
Metres
8th September, 2021.
2021 - 147
28 OLT-21-001478
ATTACHMENT 1
1. Schedule "A" to By-law No. 2003-25 as amended is further amended by
changing thereon from the `Residential One (R1)' Zone to the `Residential
Four Special Holding (R4-t-H)' on those lands described as PLAN 10 PT
PARK LOT 10 RP;3R9733 Part1 PCL 10-1 Municipality of Kincardine
(geographic Town of Kincardine).
2. By-law No. 2003-25, as amended, being the comprehensive zoning by law
for the Corporation of the Municipality of Kincardine, is further amended by
amending the following paragraph as follows:
15.3.20 Notwithstanding their `R4' zoning designation, those lands
delineated as the `R4-t-H' Zone on Schedule `A' to this By-law
may be used for residential purposes in compliance with the
`R4' zone provisions contained in this By-law, excepting
however, that:
i. The parking area is permitted to be 5 m from the street
line;
ii. The lands are subject to site plan control. The holding
provision is to be removed upon: a) execution of a site
plan agreement between the Municipality and the
Applicant, to the satisfaction of the Municipality and b) the
completion, by, the Municipality and/or County of Bruce of
a design of the extension and re-construction of Mount
Forest Avenue and improvements to the intersection of
Queen Street and Mount Forest Avenue;
iii. The minimum rear yard setback shall be 9.0 m;
iv. Balconies are permitted above the second storey facing
the rear lot line as follows: a) a maximum of four (4)
"projecting" balconies are permitted provided no
"Projecting" balcony is located within 130 m of the
westerly side lot line; and b) all other balconies shall be
"Juliette" balconies. For the purpose of this regulation: a)
a Juliette Balcony shall mean a balcony consisting of a
balustrade connection to the building faced without a deck
or platform to walk on; and b) a Projecting Balcony shall
mean a deck or platform added to a building which
cantilevers off of the main building structure and allows
residents to step out;
V. A PLANTING STRIPS/PRIVACY FENCE along the
northern lot line in accordance with Section 6.21 is
required. Notwithstanding Section 6.21, the PLANTING
STRIPS/PRIVACY FENCE shall be interspersed with a
29 OLT-21-001478
mix of coniferous and deciduous trees of a minimum
height of 3 m at the time of planting and subject to a
maximum spacing between trees of 8 m, commencing at
the westerly corner of the property and extending
approximately 121 m;
vi. A PLANTING STRIP/PRIVACY FENCE as set out in
section 6.21 are required along the rear lot line, subject to
the following:
a. THE PLANTING STRIP in this location shall
consist of coniferous trees (Norway Spruce
and Colorado Spruce) of a maximum height
of 3 m at the time of planting and subject to
a maximum spacing between trees of 4.5 m;
and
b. THE PRIVACY FENCE along the rear lot
line shall be a solid board fence with a
minimum height of 1.83 m.