HomeMy WebLinkAbout22 038 St. Anthony's Site Plan Agreement Amendment (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 038
BEING A BY-LAW TO AMEND BY-LAW NO. 1988 - 27; BEING A BY-LAW TO
AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH
BRUCE-GREY COUNTY ROMAN CATHOLIC SEPARATE SCHOOL BOARD
(PARK PT LOT 2 RP 3R6093; PARTS 1 & 2, Municipality of Kincardine)
(715 Russel Street)
WHEREAS the Ontario Planning Act, R.S.O. 1990, P. 13, Section 41, authorizes
municipalities to enter into Site Plan Agreements;
AND WHEREAS by By-law No. 1988 - 27 the Council of The Corporation of the
Town of Kincardine entered into a Site Plan Agreement with The Bruce-Grey
County Roman Catholic Separate School Board for that property located at PARK
LOT 2 RP 3R6093; PARTS 1 & 2, Municipality of Kincardine on April 7, 1988;
AND WHEREAS on March 18, 2019 with the passage of resolution#03/18/19-09,
the Council of the Municipality of Kincardine approved amendments to the original
site plan to permit an expansion of the school located at 715 Russell Street;
AND WHEREAS the Bruce-Grey County Roman Catholic Separate School Board,
now know as the Bruce Grey County District School board (BGCDSB), has
requested further amendments to the above noted Site Plan Agreement to include
a gymnasium and office expansion;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it appropriate to amend the above noted site plan to include the requested
amendments;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
repealed resolution#03/18/19-09 on March 14, 2022;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Part B of the agreement attached to By-law No. 1988 – 27; be
removed and replaced with:
Part B – Site Development and Maintenance Provisions
18. It is a condition of this agreement that the Bruce-Grey Catholic District
School Board agrees to maintain, at all times, Permission to Access
Property (known as the interim agreement) between the Roman
Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario
(Owner) and the Bruce-Grey Catholic District School Board (Company)
and will remain in effect during the course of construction or until such
time that the agreement is deemed invalid, null or void by all consenting
parties. Upon the expiration or termination of the interim agreement, it is
agreed, that upon the completion of the project, that the parties shall
provide a further long-term agreement for access of the lands which will
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St. Anthony’s Site Plan Agreement Amendment (2022) By-law
By-law No. 2022 – 038
be held in perpetuity and shall be binding between the parties so as to continue to
afford access to enter onto the portions of the lands as described within
the “Agreement”.
2. That Schedule “B” of the agreement attached to By-law No. 1988 – 27; be
removed and replaced with the attached Schedule “B”.
3. That Schedule “C” of the agreement attached to By-law No. 1988 – 27; be
amended to include:
11.1 As a condition of this agreement, the Bruce-Grey Catholic District
School Board agrees that a reference plan and easement agreement
conforming to the proposed Storm Sewer Easement(s) identified on Site
Engineering Plan – Storm Easements (C2.6_R1) – by L.E. Ingram- MTE -
February 9, 2022, shall be registered on the lands in favour of the
Municipality of Kincardine upon completion. A copy of the certified
reference plan and transfer shall be provided to the Municipality prior to
any securities being released.
4. 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 any documentation required and relating to the said Site Plan
Agreement Amendment.
5. This By-law shall come into full force and effect upon its final passage.
6. This By-law may be cited as the “St. Anthony’s Site Plan Agreement
Amendment (2022) By-law”.
READ a FIRST and SECOND TIME this 14th day of March, 2022.
READ a THIRD TIME and FINALLY PASSED this 14th day of March, 2022.
Mayor Clerk
Schedule “B”
The "approved site plan" shall be the plan(s) drawn by an engineer, architect or
competent person and marked as the "approved site plan", signed by the Municipality's
Chief Administrative Officer and signed by the Owner with any changes from time to
time marked in red and initialed by the Chief Administrative Officer and the Owner. This
"approved site plan", as amended from time to time, shall be filed with the Clerk at the
municipal office of the Municipality.
Site Plan – St. Anthony’s School Addition A1.1 - r23 – January 17, 2022
Existing Conditions and Removal Plan (C1.1_R6) - MTE September 3, 2021
Site Servicing Plan 1 (C2.1_R8) - MTE - September 3, 2021
Site Servicing Plan 2 (C2.2_R8) - MTE - September 3, 2021
Site Grading Plan 1 (C2.3_R8) - MTE - September 3, 2021
Site Grading Plan 2 (C2.4_R8) - MTE - September 3, 2021
Notes and Details Plan (C2.5_R8) - MTE - September 3, 2021
Site Engineering Plan– Storm Easements – (C2.6_R1) – MTE - February 9, 2022
SWM Design Brief - L.E. Ingram P. Eng - MTE – January 20, 2022 Update