HomeMy WebLinkAbout21 194 Amendment to Comprehensive Zoning By-law 2003-25, Smart Centres (22-7-09190 & 22-7-09195) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2021 – 194
A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 – 25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR
THE MUNICIPALITY OF KINCARDINE
Smart Centres
CON 1 SDR PT LOTS;1 TO 3 RP 3R8569 PARTS 1 AND; 5 RP 3R8738 PART 1
and CON 1 SDR PT LOT;1 RP 3R8569 PART 3 Municipality 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 Business Park Special Holding
‘C6-a-H’, Business Park Special Holding ‘C6-f-H and Environmental
Protection Special ‘EP-1’ zones to Business Park Special Holding ‘C6-i-H’
and Environmental Protection ‘EP’ zone on those lands described as CON
1 SDR PT LOTS;1 TO 3 RP 3R8569 PARTS 1 AND; 5 RP 3R8738 PART 1
and CON 1 SDR PT LOT;1 RP 3R8569 PART 3 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 adding the
following paragraph:
22.5.8 (Business Park ‘C6’ Special Provisions)
Notwithstanding their ‘C6’ zoning designation, these lands delineated as
‘C6-i-H’ on Schedule ‘A’ to this By-law may be used in compliance with the
‘C6’ zone provisions contained in this By-law, excepting however, that:
i. Notwithstanding the provisions of Section 5, those lands zoned ‘C6-i-H’
shall be deemed to be a lot.
ii. For the purposes of the C6-i-H’ zone, a ‘street’ may include a ‘lane’ or
‘private right-of-way.
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Amendment to Comprehensive Zoning By-law 2003-25,
Smart Centres (22-7-09190 & 22-7-09195) By-law
By-law No. 2021 - 194
iii. The minimum setback to Highway #21 for all buildings shall be 14
metres.
iv. In addition to the uses permitted in the C6 Zone, the Non-Residential
uses in Section 17.2 of this By-law will also be permitted in conjunction
with a large format commercial use having a minimum retail floor area
of 929 square metres.
v. The following residential uses are also permitted:
Triplex Dwelling
Row Dwelling (Four or more units)
Apartment Dwelling
Long Term Care Facilities
Nursing Home
vi. The Non- Residential Uses in (iii) above shall be subject to the
following:
a) Front Yard (Minimum) The street line shall be the setback
line.
b) Exterior Side Yard
(Minimum)
Not required
c) Interior Side Yard
(Minimum)
i) Not required when abutting
other Non-Residential uses
or a lane, private right-of-
way, or parking lot.
ii) 3 metres.
d) Rear Yard (Minimum) i) Not required when abutting
other Non-Residential uses
or a lane, private right-of-
way, or parking lot.
ii) 3 metres.
e) Building Height (Maximum) 12 metres
vii. Triplex and Row Dwellings shall be subject to the following:
a) Front Yard (Minimum) 6 metres
b) Exterior Side Yard
(Minimum)
3 metres
c) Interior Side Yard
(Minimum
1.2 metres, except that:
i) 2.4 metres to a Triplex or
Row Dwelling.
ii) 6 metres to a mixed-use
building.
d) Rear Yard (Minimum) 7.5 metres, except that:
i) 15 metres to a residential or
mixed- use building.
e) Building Height (Maximum) 10.5 metres
f) Dwelling Unit Floor Area
(Minimum)
60 square metres
viii. Residential apartment dwellings, long term care facilities and nursing
homes shall be subject to the following:
a) Front Yard (Minimum) 6 metres
b) Exterior Side Yard 6 metres
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Amendment to Comprehensive Zoning By-law 2003-25,
Smart Centres (22-7-09190 & 22-7-09195) By-law
By-law No. 2021 - 194
(Minimum)
c) Interior Side Yard
(Minimum)
6 metres, exept that:
i) 6 metres to a residential or
mixed use building.
d) Rear Yard (Minimum) 7.5 metres, except that:
i) 15 metres to a residential or
mixed-use building.
e) Building Height (Maximum) 15 metres
f) Dwelling Unit Floor Area
(Minimum) for residential
apartments
i) Bachelor Dwelling Unit – 35 sq. m.
ii) One Bedroom Unit – 50 sq. m.
iii) For each additional bedroom – 10
sq. m.
ix. In addition to (vii) and (viii) above all residential uses on lands zoned
‘C6-i-H’ shall be setback a minimum of 150 meters from Highway #21.
x. In addition to (vii) and (viii) above, any building containing a residential
use shall be oriented to and have a direct pedestrian connection at a
‘street’.
xi. Subsection 22.42 of By-law No. 2003 – 25 does not apply to the lands
zoned ‘C6-f-H.
xii. The ‘H-holding’ provision may be removed once the following
conditions have been satisfied:
a. A Site Plan Agreement between the owner and the
Municipality has been entered into.
b. A Development Concept Plan showing the development
pattern for the subject lands or an individual phase of
development has been approved by the Municipality.
Particular emphasis should be placed on building
location, orientation, vehicular and pedestrian access,
parking, drainage and overall integration. Phasing of the
development will be permitted.
c. Approval from the Ministry of Transportation.
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 2003-25, Smart Centres (22-7-09190 & 22-7-09195) By-law”.
READ a FIRST and SECOND TIME this 13th day of December, 2021.
READ a THIRD TIME and FINALLY PASSED this 13th day of December, 2021.
Mayor Clerk
Schedule 'A'
1. CON 1 SDR PT LOTS;1 TO 3 RP 3R8569 PARTS 1 AND;5 RP 3R8738 PART 1 - Roll # 410822000709190
2.CON 1 SDR PT LOT;1 RP 3R8569 PART 3 - Roll # 410822000709195
Municipality of Kincardine
Subject Properties
Lands to be zoned C6-i-h - Business Park Special Holding
Lands to be zoned EP - Environmental Protection
File: Z-2021-032 Applicant: Kincardine Shopping Centres Limited Date: December, 2021
This is Schedule 'A' to the zoning by-law
amendment number ___________ passed this
________ day of _______________________
Mayor_________________________________
Clerk _________________________________
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2021 - 194
13th December 2021.