THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 1 of 10 Wednesday, April 9, 2008

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1 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 1 of 10 Wednesday, April 9, CALL TO ORDER Mayor Larry Kraemer will call to Order at 5:00 p.m. on Wednesday, April 9, 2008, the Planning/Corporate Services Meeting of the Council of the Corporation of the Municipality of Kincardine in the Council Chambers, Municipal Administration Centre. 2.0 ROLL CALL Mayor Larry Kraemer Deputy Mayor Laura Haight Councillor Guy Anderson Councillor Gordon Campbell Councillor Kenneth Craig Councillor Ron Hewitt Councillor Marsha Leggett Councillor Mike Leggett Councillor Randy Roppel Council Absent Staff Present John derosenroll, Chief Administrative Officer Melanie Hogeveen, Deputy Clerk Michele Barr, Building and Planning Manager Leah Andrews, County Planner 3.0 AMENDMENTS, ADDITIONS OR DELETIONS TO/FROM THE AGENDA 4.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Name Item of Business Nature of Interest 5.0 PUBLIC MEETINGS (Planning Advisory Committee) Motion #04/09/08 - Moved by: Seconded by: THAT Council move into Planning Advisory Committee to approve the Minutes of the Planning Advisory Committee of March 12, 2008 and to hold a public meeting to deal with planning applications for: 1

2 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 2 of 10 Wednesday, April 9, 2008 a) John Dickson - Lot 29 & Pt Lt 30, Plan 361 (being Parts 1 & 2 on RP-7696). b) Dennis Pierson - Part Lot 1, Concession 2 NDR 6.0 MATTERS ARISING FROM PLANNING ADVISORY COMMITTEE 7.0 CONSIDERATION OF BY-LAWS/MOTIONS 7.1 FIRST AND SECOND READINGS OF BY-LAWS LISTED UNDER SECTION 12.0, CONSIDERATION OF BY-LAWS OF THE WEDNESDAY, APRIL 9, 2008 MUNICIPALITY OF KINCARDINE COUNCIL AGENDA Motion #04/08/09 - Moved by: Seconded by: THAT the following by-law be deemed to be read a first and second time: i) the "DHC Developing Inc. (Pt Lt 1, Con 1) Amended Site Plan Agreement By-law". 7.2 Consideration of By-laws 7.2 (i) BEING A BY-LAW TO AMEND BY-LAW NO "BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH ONTARIO INC." (Pt Lt 1, Con 1) Motion #04/08/09 - Moved by: Seconded by: THAT the DHC Developing Inc. (Pt Lt 1, Con 1) Amended Site Plan Agreement By-law be deemed to be read a third time and finally passed and numbered as By-law No Consideration of Motions None Noted. 2

3 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 3 of 10 Wednesday, April 9, COMMITTEE OF THE WHOLE (all delegations will be heard following relevant reports) 8.1 Move Into Committee of the Whole Motion #04/08/09 - Moved by: Seconded by: That Council move into Committee of the Whole. 8.2 Delegations (A) Kincardine Theatre Guild Request for funding (Written submission attached) 8.3 Building & Planning Committee (A) Subject: PL Commercial Wind Generation System Enbridge Ontario Wind Power LP, Circuit I-Phase III Part Lot 2 Concession 5,Lot 3, Concession 5 Municipality of Kincardine (geographic Township of Bruce) Report Summary: Holding removal for E ½ Lot 2 Concession 2, except Part 1; and Lot 3, Concession 5 within Enbridge Wind Generation System project. I would request that Council consider this as a matters arising on tonight s agenda to allow for the project to continue in a timely manner. Origin: Holding Provision Circuit I Analysis: The above noted by-laws for Commercial Wind Generation System consisting of Wind Generating Systems (wind turbine) have a number of holding provisions applied. A) Operational Protocol and Emergency Services Plan dealing with Extreme Weather conditions to include potential icing and high wind situations has been filed with the Municipality of Kincardine by Enbridge B) A Site Plan Agreement has been registered as the Planning Act. 3

4 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 4 of 10 Wednesday, April 9, 2008 C) A stage 2 Archaeological Study has been approved by Ministry of Culture and any recommendations of the report and/or Ministry have been implemented. D) A Decommissioning Plan has been submitted & approved by the Municipality of Kincardine E) A letter certifying that the conditions section 2 & 4 per clause iv) have been met and filed with the Municipality of Kincardine by Enbridge. F) A copy of the Environmental Screening Statement of Completion has been deposited with the Municipality of Kincardine. Documentation for all the holding provisions has been submitted. (There is a binder available if Council would like to review more details) Notice requirements as per the Planning act have been completed by way of an advertisement in the local newspapers. The request for the removal of the holding provision was discussed at the Building and Planning committee meeting March 3, 2008 and the committee recommended they proceed to Council for approval. Existing Policy: Zoning By-Law and as amended Circuit Financial Considerations: As per the 2007 Consolidated Rates and Fees By-law Options: 1. THAT Council grant approval of the amending bylaws to remove the holding provision from the noted by-laws. 2. THAT Council not grant approval of the removal of the holding provision this time. Preferred Option: The preferred option would be #1 and also I would request that Council consider dealing with the request of removing the holding provision as matters arising on the agenda tonight by considering the passage of the amending by-laws. CAO s Comments: I concur Delegations None Noted. 4

5 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 5 of 10 Wednesday, April 9, 2008 COW RECOMMENDATION (B) PL Subject: Site Plan Agreement 291 Harbour Street, Municipality of Kincardine Report Summary: The owner of the above noted property is proposing to alter the exterior front face and exterior side wall. The alteration requires a site plan agreement. I would request that Council consider this application as a matters arising on the agenda tonight to allow for the project to continue in a timely manner. Origin: Site Plan Control By-law Analysis: The owner of the property has submitted an application for a renovation permit. A portion of the renovation includes a new front entrance, new glazing and exterior finishes on the lower story. The site plan also indicates new signage panels for the front exterior. (see attachment) The property is zoned C1 and is under site plan control therefore requires a site plan agreement. The application was circulated to Municipal Staff only for review, due to the size and nature of the project. The Building and Planning committee recommended the site plan for approval at their meeting on March 31, 2008 Existing Policy: Site Plan Control By-law Financial Considerations: Fees as per the 2007 Consolidated Rates and Fees by-law Options: 1. THAT Council grant approval of the site plan as submitted and authorize the Mayor and CAO to sign all required documentation. 2. THAT Council grant approval of the site plan with modifications 3. THAT Council not approve the site plan at this time 5

6 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 6 of 10 Wednesday, April 9, 2008 Preferred Option: The preferred option would be #1; I would request that Council consider this as a matter arising on the agenda tonight to allow for the construction to continue in a timely manner. CAO s Comments: I concur Delegations None Noted. COW RECOMMENDATION (C) PL (attachment) Subject: Proposed Access for future development through Pt Lot 81 and Pt Lot 82 Plan 210 (Paterson St. Manse geographic Village of Tiverton) Municipality of Kincardine Report Summary: Extending Patterson Street road allowance to the south through the above noted property to allow access for the potential of further development. The extension of the road allowance would create a second building lot. The municipality would be responsible for the survey and legal costs for the proposal. Origin: Future Development Analysis: The owner of the above noted property has requested information with regard to a building permit on the property. Currently the property is zoned R1, and a permit would be available provided the owners enter into a limited services agreement. During the review of the property it was noted that there was potential for Patterson St. to be extended to allow for future development to the south. The existing lots are quite large and it would allow for an access if requested in the future. Patterson Street is currently 12.07m wide and the extension would be 20m wide. By extending the road allowance straight to the south it would be cut through the property and therefore would be creating an additional lot. The Municipality would be responsible for the survey and legal cost. At the Building and Planning Committee meeting on March 3, 2008 the members had a discussion regarding the possibility of extending the Street. The extension of the road allowance would leave an option for the properties to the south. Committee recommended this option proceed to council. 6

7 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 7 of 10 Wednesday, April 9, 2008 This proposal was also discussed at the Public Works Committee meeting March 5, 2008 and they recommended that we proceed with the extension of the road allowance. Existing Policy: N/A Financial Considerations: Surveying and legal costs approx $1,200. Options: 1. THAT council grant approval to proceed with the extension of the road allowance and authorize the Mayor and CAO authority to sign all documentation. Preferred Option: Option #1 2. THAT Council stop up and sell the road allowance to abutting land owners. 3. THAT Council do nothing at this time. CAO s Comments: I concur Delegations None Noted. COW RECOMMENDATION (D) CBO Subject: Two dwellings on one lot - Lot 29, Concession 1, (1616 Bruce Rd 15) Municipality of Kincardine, (geographic Township of Bruce) Report Summary: To allow temporary status of two dwellings on one lot to accommodate the construction of a new dwelling. I would also request that this be a matters arising on tonight s agenda to allow for the construction to proceed in a timely manner. Origin: Temporary status of two dwellings on one lot. 7

8 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 8 of 10 Wednesday, April 9, 2008 Analysis: The owners of the above noted property are requesting to construct a new dwelling and leave the existing dwelling in place until completion of the new one. The zoning by-law states only one detached dwelling is permitted on one lot, therefore a building permit for a dwelling cannot be issued. Council can, by resolution, direct the CBO to issue a permit when all payments, agreements and approvals have been met. If Council does not wish to give direction to the CBO, then the owners would have to go through the process of applying for a planning application with all associated costs and time frames or remove the structure. The application was discussed at the March 31, 2008 Building and Planning Committee meeting and the committee recommends issuing the permit and entering into a Demolition Agreement. Existing Zoning By-Law Policy: Financial Considerations: As per the 2007 Consolidated Rates and Fees By -Law Permit fees and a deposit of $ 2, can be paid to accommodate the Demolition Agreement Options: 1. THAT Council grant approval and authorizes the Mayor and COA to sign all required documentation, AND FURTHER direct the CBO to issue the permit when all payments and documentation are in place. 2. THAT Council directs the CBO to issue the permit with other conditions in place 3. THAT Council not direct the CBO to issue the permit and have the property owners apply for the planning application or remove the structure. Preferred Option: Option #1 to allow the owner to proceed with minimal cost to achieve the same outcome. I would also request that this be a matters arising on tonight s agenda to allow the construction to proceed in a timely manner. CAO s Comments: I concur Delegations None Noted. 8

9 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 9 of 10 Wednesday, April 9, 2008 COW RECOMMENDATION 8.4 Corporate Services Committee None Noted. 8.5 Bruce Telecom Board None Noted. 8.6 Westario None Noted. 8.7 Saugeen Valley Conservation Authority None Noted. 8.8 Other Areas of Responsibility None Noted. 8.9 Arise from Committee of the Whole Motion #04/09/08 - Moved by: Seconded by: THAT Committee of the Whole return to Council. 9.0 MATTERS ARISING FROM COMMITTEE OF THE WHOLE 10.0 MEMBERS OF COUNCIL GENERAL ANNOUNCEMENTS 11.0 CLOSED SESSION IF REQUIRED Motion #04/09/08 - Moved by: Seconded by: THAT Council move into closed session to consider personal matters about an identifiable individual, including municipal or local board employees; 9

10 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Council Agenda Page 10 of 10 Wednesday, April 9, 2008 AND FURTHER THAT Council return to regular open meeting of Council upon completion MATTERS ARISING FROM CLOSED SESSION 13.0 SCHEDULING OF MEETINGS 13.1 Notice of Council Meetings April 7, 2008 Meeting With SBGHC Board Members 4:00 p.m. April 9, Planning/ Corporate Services 5:00 p.m. April 16, Regular Council 5:00 p.m. May 7, 2008 Regular Council 5:00 p.m. May 14, 2008 Planning/ Corporate Services 5:00 p.m. May 21, 2008 Regular Council 5:00 p.m. June 4, 2008 Regular Council 5:00 p.m. June 11, 2008 Planning/ Corporate Services 5:00 p.m. June 18, 2008 Regular Council 5:00 p.m. July 2, 2008 Regular Council 5:00 p.m. July 9, 2008 Planning/ Corporate Services 5:00 p.m. August 6, 2008 Regular Council 5:00 p.m. August 13, 2008 Planning/ Corporate Services 5:00 p.m. September 3, 2008 Regular Council 5:00 p.m. September 10, 2008 Planning/ Corporate Services 5:00 p.m. September 17,2008 Regular Council 5:00 p.m. October 1, 2008 Regular Council 5:00 p.m. October 8, 2008 Planning/ Corporate Services 5:00 p.m. October 15, 2008 Regular Council 5:00 p.m. November 5, 2008 Regular Council 5:00 p.m. November 12, 2008 Planning/ Corporate Services 5:00 p.m. November 19, 2008 Regular Council 5:00 p.m. December 3, 2008 Regular Council 5:00 p.m. December 10, 2008 Planning/ Corporate Services 5:00 p.m. December 17, 2008 Regular Council 5:00 p.m Notice of Public Meetings None noted Notice Pursuant to Notice By-law April 16, 2008 Budget Consideration 5:00 p.m ADJOURNMENT Motion #04/09/08 - Moved by: Seconded by: THAT this Council adjourn. 10

11 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 1 of 4 April 9, 2008 ROLL CALL AGENDA Mayor Larry Kraemer Deputy Mayor Laura Haight Councillor Guy Anderson Councillor Gordon Campbell Councillor Kenneth Craig Councillor Ron Hewitt Councillor Marsha Leggett Councillor Mike Leggett Councillor Randy Roppel Staff Present Leah Andrews, Planner Michele Barr, Building and Planning Manager John derosenroll, Chief Administrative Officer Melanie Hogeveen, Deputy Clerk DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Name Item of Business Nature of Interest 1.0 PLANNING ADVISORY COMMITTEE 1.1 ADDITIONS AND DELETIONS TO THE AGENDA 2.0 ADOPTION OF MINUTES MOTION #PAC08 - Moved by: Seconded by: Recommendation from Planning Advisory Committee. 11

12 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 2 of 4 April 9, ZONING AMENDMENTS 3.1 APPLICANT: John Dickson PROPERTY: Lot 29 & Pt Lot 30, Plan 361 (being Parts 1 & 2 on RP-7696) Municipality of Kincardine (geographically known as 3203 Bruce Rd 15) (map in blue folder) Planning Report # Z The Planner will explain the report and recommendation. Agency Comments: Any comments received by the time of writing the report are in the written report. Public Comments: Any comments received by the time of writing the report are in the written report. Presentations from the Public: Committee Comments: MOTION #PAC08 - Moved by: Seconded by: Recommendation from Planning Advisory Committee 12

13 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 3 of 4 April 9, APPLICANT: Dennis Pierson PROPERTY: Part Lot 1, Concession 2 NDR, Municipality of Kincardine (geographically known as 1808 Hwy 21) (map in blue folder) Planning Report Z The Planner will explain the report and recommendation. Agency Comments: Any comments received by the time of writing the report are in the written report. Public Comments: Any comments received by the time of writing the report are in the written report. Presentations from the Public: Committee Comments: MOTION #PAC08 - Moved by: Seconded by: Recommendation from Planning Advisory Committee 13

14 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 4 of 4 April 9, ADJOURNMENT MOTION #PAC08 - Moved by: Seconded by: Recommendation from Planning Advisory Committee. 14

15 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 1 of 6 March 12, 2008 ROLL CALL Minutes Mayor Larry Kraemer Deputy Mayor Laura Haight Councillor Guy Anderson - Late, 6p.m. Councillor Gordon Campbell Councillor Kenneth Craig Councillor Ron Hewitt Councillor Marsha Leggett Councillor Mike Leggett Councillor Randy Roppel Staff Present Leah Andrews, Planner Michele Barr, Building and Planning Manager John derosenroll, Chief Administrative Officer Melanie Hogeveen, Deputy Clerk DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Name Item of Business Nature of Interest Councillor Marsha Leggett declared an interest on item 3.1. She is employed by the Law firm involved in project. 1.0 PLANNING ADVISORY COMMITTEE 1.1 ADDITIONS AND DELETIONS TO THE AGENDA 2.0 ADOPTION OF MINUTES MOTION #PAC08-12 Moved by: Ken Craig Seconded by: Ron Hewitt THAT the Minutes of the Planning Advisory Committee meeting of February 13, 2008 be adopted as printed. Carried 15

16 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 2 of 6 March 12, ZONING AMENDMENTS 3.1 APPLICANT: Municipality of Kincardine PROPERTY: Part Lots A, B and C, Concession A (being Part 3 on RP 3R- 8425), Municipality of Kincardine (geographic Town of Kincardine) Planning Report # Z The Planner explained the report and recommendation. Agency Comments: Any comments received by the time of writing the report are in the written report. Public Comments: Any comments received by the time of writing the report are in the written report. Cuesta Planning Consultants Letter dated March 11, 2008 Presentations from the Public: None Committee Comments: None 16

17 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 3 of 6 March 12, 2008 MOTION #PAC08-13 Moved by: Randy Roppel Seconded by: Mike Leggett THAT the Planning Advisory Committee recommends to rezone the lands described as Part Lots A, B and C, Concession A, (being Part 3 on RP-3R-8425), Municipality of Kincardine (geographic Town of Kincardine) to facilitate the conveyance of surplus municipal lands. Carried 3.2 APPLICANT: Bulet Holdings Inc. c/o Max Ryan PROPERTY: Lot 14 E/S Princess Street and Part Lot 14 W/S Victoria, Municipality of Kincardine (geographically known as 731 Princess) Planning Report KINOPA # AND Z This application was discussed at the Public Meeting on February 13, The Planner will provided updates with regards to this application. Committee Comments: Key Points Discussed A traffic study was no longer required due to the number of units being downsized Legislation for zoning Heritage designation compared to zoning by-law notation Heritage would be addresses during the site plan process MOTION #PAC Moved by: Laura Haight Seconded by: Ken Craig THAT the Planning Advisory Committee recommend adoption of the Official Plan Amendment and that the adopted Amendment together with supporting documentation be forwarded to the County of Bruce Approval Authority for final approval, for the lands described as Lot 14 E/S Princes Street and Part Lot 14 W/S Victoria, Municipality of Kincardine (geographic Town of Kincardine) to permit the conversion of a former retirement home into an apartment building. 17

18 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 4 of 6 March 12, 2008 Defeated MOTION #PAC Moved by: Laura Haight Seconded by: Ken Craig THAT the Planning Advisory Committee recommends to rezone the lands described as Lot 14 E/S Princes Street and Part Lot 14 W/S Victoria, Municipality of Kincardine (geographic Town of Kincardine) to permit the conversion of a former retirement home into an apartment building. Defeated 3.3 APPLICANT: Gwenyth & John Howard PROPERTY: Part Lot 2, McKay W/S Plan 107, Municipality of Kincardine (geographically known as 7 McKay) (Councillor Guy Anderson arrived) Planning Report # Z This application was discussed at the Public Meeting on February 13, The Planner provided updates with regards to this application. Public Comments: Bob Slesser - 71 Main Street read his letter dated March 12 th, 2008 Documents received - Report by Martin Quinn dated March 7, 2008, Oakville Tree Protection & Preservation Guidelines, Toronto Tree Protection Policy (*copy available at the building and planning department) Additional points: Felt it was a second proposal Noted the extra footage on the Survey Bob Wilson - President Tiverton Rate Payers Assoc read his letter, not dated. 18

19 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 5 of 6 March 12, 2008 Heather Newman - 74 King Street Wanted storm water management plan addressed Feels there is not a need for this type of development Committee Comments: Committee discussed the various issues regarding: Changes in proposal - setbacks, unit size Well regulations regarding decommissioning Review of Trees Storm water management report required at site plan phase Proposed zoning change would downsize the zoning from the current R-4 MOTION #PAC08-16 Moved by: Laura Haight Seconded by: Ken Craig THAT the Planning Advisory Committee recommends to rezone the lands described as Lot 1 and Part 2 (including Block B), McKay W/S, Plan 104 Municipality of Kincardine (geographic Village of Tiverton) to permit new multi-residential uses and facilitate a future severance. RECORDED VOTE YES NO MAYOR X DEPUTY MAYOR X ANDERSON, Guy X CAMPBELL, Gordon X CRAIG, Kenneth X HEWITT, Ron X LEGGETT, Marsha X LEGGETT, Mike X ROPPEL, Randy X Defeated 19

20 THE MUNICIPALITY OF KINCARDINE Planning Advisory Committee Page 6 of 6 March 12, ADJOURNMENT MOTION #PAC08-17 Moved by: Gordon Campbell Seconded by: Marsha Leggett THAT the Planning Advisory Committee meeting now adjourns and moves back into Council. Carried Chairman Secretary - Treasurer 20

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25 Municipality of Kincardine Planning Report Application: Zoning By-law Amendment File No.: Z Date: April 9, 2008 FROM: SUBJECT: Leah Andrews, Planner for the Municipality of Kincardine County of Bruce Planning & Economic Development Department Application to facilitate the construction of a detached garage on the subject lands. REASONS FOR AND NATURE OF THE APPLICATION: The lands are zoned R1 Residential One and PD Planned Development. The applicant proposes to rezone the PD lands to R1 to facilitate the construction of a second driveway and a detached garage in the east side yard. CONCLUSION: The application was circulated to the mandated commenting agencies as well as to the public, and there have been no objections raised regarding the proposed development. A surrounding property owner has concerns with the proposed location of the garage and the potential impact on the use and enjoyment of his property. SUMMARY: The application is consistent with the Provincial Policy Statement, and complies with the intent of the County of Bruce Official Plan and the Official Plan of the Municipality of Kincardine. PRELIMINARY RECOMMENDATION: Subject to review of objections and submissions arising from the Public Meeting, I recommend that the Application BE APPROVED, in accordance with the attached Bylaw. I. CONTEXT: Related File: Legal Description: Location: Lot Description: Frontage/Width Depth Area None Lot 29 and Part Lot 30, Plan 361 (being Parts 1 and 2 on RP 3R-7696); and Part Lot 14, Plan 680, Municipality of Kincardine (geographic Township of Kincardine) 3203 Bruce Road 15 +/ m (86.66 ft) +/ m ( ft) +/ m 2 (15,539 ft 2 ) Access: County Road 15 Services: Private water and septic systems Uses / Buildings & Structures: Residential Residence County OP Designation: Shoreline Development Area Local OP Designation: Shoreline Local Zoning By-law: R1 Residential One and PD Planned Development Proposed Amendment R1-aq Residential One Special Special Provision -to restrict the location of the garage to the east side yard Surrounding Land Uses: The subject lands are surrounded by residential uses and natural environment features II. MATTERS ARISING FROM AGENCY CIRCULATION Page 1 25 John Dickson Z

26 Saugeen Valley Conservation Authority: County of Bruce Highways: The Authority suggests that tree cutting be kept to a minimum. Eliminate existing entrance. Entrance permit required for new driveway. New entrance not to impede operation of existing storm system to the east of property. Location of new driveway will be reviewed at the time of the entrance permit request. The applicant is aware of the agency comments. III. MATTERS ARISING FROM PUBLIC CIRCULATION The rear lot line of 51 Victoria Street abuts the west side lot line of the subject property. The owner raised concerns with the proposed location of the garage, and its impact on his ability to use and enjoy his backyard. The original site plan had the proposed garage located in the rear yard behind the existing house. In light of the neighbour s concerns, the applicant changed his site plan to relocate the proposed garage in the east side yard. The new location satisfies the concerns of the neighbour. IV. MATTERS ARISING FROM PROVINCIAL INTERESTS, POLICY STATEMENTS OR PLANS As indicated by the SVCA, the garage is proposed to be located outside of the significant woodland boundary. However, the garage will be within 120 metres of a Significant Woodland. Given that this proposal is located within the existing yard of a developed lot, and the expected impact to the woodlands will be negligible, an Environmental Impact Study is not necessary in the Authority s opinion. However, the SVCA recommends that tree cutting be kept to a minimum. V. MATTERS ARISING FROM COUNTY OFFICIAL PLAN None. VI. MATTERS ARISING FROM LOCAL PLANNING DOCUMENTS I Municipality of Kincardine Official Plan None. II Municipality of Kincardine Zoning By-law In order to ensure that the proposed garage is constructed in the most appropriate location on the property, a By-law has been drafted for Council s consideration to include a special rear yard setback of at least m (80.0 ft). VII. OTHER ISSUES / MATTERS As indicated by the SVCA, this area of the Municipality experiences overland flooding unrelated to watercourses, but due to undefined drainage patterns and flat topography. This type of flooding cannot be shown as an Environmental Protection zone, due to undefined flow routes and ponding areas. As such, portions of the lot may experience seasonal high groundwater conditions and potentially areas of shallow ponding. To reduce the chance of water problems with any new development, the SVCA recommends that the building be elevated so that it is above the adjacent ground surface. This is noted for the information of the applicant and the building official. Page 2 26 John Dickson Z

27 APPENDIX A Planning Policy Checklist Applicable Policy I. Provincial Policy Statement (PPS) Section Policy 1.0 Building Strong Communities 1.1 Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns Settlement Areas Rural Areas in Municipalities Rural Areas in Territory Without Municipal Organization 1.2 Coordination 1.3 Employment Areas 1.4 Housing 1.5 Public Spaces, Parks and Open Space 1.6 Infrastructure and Public Service Facilities Sewage and Water Transportation Systems Transportation and Infrastructure Corridors Airports Waste Management 1.7 Long-Term Economic Prosperity 1.8 Energy and Air Quality 2.0 Wise Use and Management of Resources 2.1 Natural Heritage 2.2 Water 2.3 Agriculture Permitted Uses Lot Creation and Lot Adjustments Removal of Land from Prime Agricultural Areas 2.4 Minerals and Petroleum Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas 2.5 Mineral Aggregate Resources Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.6 Cultural Heritage and Archaeology 3.0 Protecting Public Health and Safety 3.1 Natural Hazards 3.2 Human-made Hazards II. Other Provincial Interests Ministry Policy / Legislation MMAH MCul MOE MTO MNR OMAFRA III. County of Bruce Official Plan IV. Official Plan of the Municipality of Kincardine Page 3 27 John Dickson Z

28 APPENDIX B Aerial Photo Page 4 28 John Dickson Z

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30 Municipality of Kincardine Planning Report Application: Zoning By-law Amendment File No.: Z Date: April 9, 2008 FROM: SUBJECT: Leah Andrews, Planner for the Municipality of Kincardine County of Bruce Planning & Economic Development Department Application to facilitate the conversion of the former Ontario Provincial Police station to permit automotive sales, servicing and repairs. REASONS FOR AND NATURE OF THE APPLICATION: The lands are zoned ACI-q Agricultural Commercial/Industrial Special which permits the full range of ACI uses as well as retail; building supply and sales; public building; restaurant; restaurant, portable food outlet. The applicant proposes to re-zone the existing +/- 2, m 2 (31,400 ft 2 ) parcel to permit automotive sales, servicing and repairs. CONCLUSION: The application was circulated to the mandated commenting agencies as well as to the public, and there have been no objections or concerns raised regarding the proposed re-use of the existing building. SUMMARY: The application is consistent with the Provincial Policy Statement, and complies with the intent of the County of Bruce Official Plan and the Official Plan of the Municipality of Kincardine. PRELIMINARY RECOMMENDATION: Subject to review of objections and submissions arising from the Public Meeting, I recommend that the Application BE APPROVED, in accordance with the attached Bylaw. I. CONTEXT: Related File: Legal Description: Location: Lot Description: Frontage/Width Depth Area None Part Lot 1, Concession 2 NDR, Municipality of Kincardine (geographic Township of Kincardine) 1808 Highway 21 +/ m (314 ft) +/ m (100 ft) +/- 2,917.1 m 2 (31,400 ft 2 ) Access: Provincial Highway 21 Services: Private water and private septic Uses: Existing Proposed Vacant (formerly institutional) Commercial Buildings Existing 1-storey +/ m 2 (6,540.6 ft 2 ) building & Structures: Proposed No change County OP Designation: Primary Urban Community (formerly Agricultural Area ) Local OP Designation: Highway Commercial Local Zoning By-law: ACI-q Agricultural Commercial/Industrial Special ACI-w Agricultural Commercial/Industrial Special Proposed Amendment: -to permit automotive sales, servicing and repairs -subject to site plan control Page 1 Dennis Pierson (on behalf of the Estate of David Remington) c/o Keith Battler 30 Z

31 Surrounding Land Uses: Agricultural uses to the north and east, and commercial uses to the south and west, including retail uses and a restaurant II. MATTERS ARISING FROM AGENCY CIRCULATION Ministry of Transportation: The existing driveway configuration consisting of two entrances must be removed and in its place, a Commercial Site Access Standard will be constructed at a ministry acceptable location, at the owner s expenses. The applicant is aware of the MTO s comments. III. MATTERS ARISING FROM PUBLIC CIRCULATION None. IV. MATTERS ARISING FROM PROVINCIAL INTERESTS, POLICY STATEMENTS OR PLANS None. V. MATTERS ARISING FROM COUNTY OFFICIAL PLAN None. VI. MATTERS ARISING FROM LOCAL PLANNING DOCUMENTS I Municipality of Kincardine Official Plan The subject property was formerly designated an Agricultural Area in the County of Bruce Official Plan. The new Official Plan of the Municipality of Kincardine designates the lot Highway Commercial within the settlement area boundary, which permits automotive sales, servicing and repairs. II Municipality of Kincardine Zoning By-law As a commercial use is proposed, the lands will be subject to site plan control. VII. OTHER ISSUES / MATTERS None. Page 2 Dennis Pierson (on behalf of the Estate of David Remington) c/o Keith Battler 31 Z

32 APPENDIX A Planning Policy Checklist Applicable Policy I. Provincial Policy Statement (PPS) Section Policy 1.0 Building Strong Communities 1.1 Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns Settlement Areas Rural Areas in Municipalities Rural Areas in Territory Without Municipal Organization 1.2 Coordination 1.3 Employment Areas 1.4 Housing 1.5 Public Spaces, Parks and Open Space 1.6 Infrastructure and Public Service Facilities Sewage and Water Transportation Systems Transportation and Infrastructure Corridors Airports Waste Management 1.7 Long-Term Economic Prosperity 1.8 Energy and Air Quality 2.0 Wise Use and Management of Resources 2.1 Natural Heritage 2.2 Water 2.3 Agriculture Permitted Uses Lot Creation and Lot Adjustments Removal of Land from Prime Agricultural Areas 2.4 Minerals and Petroleum Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas 2.5 Mineral Aggregate Resources Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants 2.6 Cultural Heritage and Archaeology 3.0 Protecting Public Health and Safety 3.1 Natural Hazards 3.2 Human-made Hazards II. Other Provincial Interests Ministry Policy / Legislation MMAH MCul MOE MTO MTO highway access control policies; Public Transportation and Highway Improvement Act MNR OMAFRA III. County of Bruce Official Plan IV. Official Plan of the Municipality of Kincardine Page 3 Dennis Pierson (on behalf of the Estate of David Remington) c/o Keith Battler 32 Z

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34 NO 2008 BEING A BY LAW TO AMEND BY LAW NO BEING A BY LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT WITH ONTARIO INC pt Lt 1 Con 1 WHEREAS the Ontario Planning Act R S O 1990 P 13 Section 41 authorizes municipalities to enter into Site Plan Agreements AND WHEREAS with the passage of By law No the Council of The Corporation of the Municipality of Kincardine entered into a site plan agreement with Ontario Inc for that property described as part Lot 1 Concession 1 SDR pts 1 2 and 5 3R8356 Municipality of Kincardine in the County of Bruce AND WHEREAS the Corporation formerly known as numbered company Ontario Inc is now hereby known as DHC Developing Inc AND WHEREAS the Council of the Municipality of Kincardine deems it advisabie to enter into a Site Pian Agreement with DHC Developing Inc and to repeal By law No NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows 1 That the Municipality of Kincardine enter into a Site Pian Agreement with DHC Developing inc to ensure appropriate development of those lands described as Part Lot 1 Concession 1 SDR pts 1 2 and 5 3R8356 Municipality of Kincardine in the County of Bruce and being more particularly described in Schedule A of the attached Site Plan Agreement 2 That the Mayor and Chief Administrative Officer be authorized to sign on behaif of the Municipality of Kincardine the agreement with DHC Developing Inc which is attached to this by law as Scheduie A as well as any other documentation required relating to the said Site Plan Agreement 3 That By law No is hereby repealed 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 This By law may be cited as the DHC Developing Inc pt Lt 1 Con 1 Amended Site Plan Agreement By law 2 34

35 Page 2 DHC Developing Inc pt Ll1 Con 1 Amended Site Plan Agreement By law By law No 2008 READ a FIRST and SECOND TIME this 9th day of April 2008 Mayor Clerk READ a THIRD TIME and FINALLY PASSED this 9th day of April 2008 Mayor Clerk 35

36 SITE PLAN AGREEMENT This AGREEMENT made this BETWEEN day of 2008 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter called the Municipality and OF THE FIRST PART DHC Developing Inc hereinafter referred to as the Owner OF THE SECOND PART WHEREAS the Owner represents that they are 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 the Lands AND WHEREAS the Municipality has enacted a Site Plan Control Area By Law pursuant to the provisions of Section 41 ofthe Planning Act R S O 1990 c P 13 as amended that applies to the Lands AND WHEREAS the covenants agreements conditions and understandings herein contained on the part of the Owner shall run with the Lands and shall enure to the benefit of and be binding upon the parties hereto and their heirs executors administrators successors and assigns as the case may be and shall be appurtenant to the adjoining highways in the ownership of the Municipality NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the approval ofthe plans for the development on the Lands by the Municipality and the sum of ONE 1 00 DOLLAR the receipt of which is hereby admitted the Owner and for all successors in title HEREBY AGREE with the Municipality as follows PART A GENERAL PROVISIONS 1 The parties to this agreement hereby agree that the Owner as herein stated is the registered owner of the Lands and is the holder of an easement that is registered or is pending registration affecting a portion of the Lands hereinafter called the Easement Lands 2 The Owner hereby releases the Municipality its servants agents and contractors from any and all liability in respect of the proper maintenance and operation of the matters and facilities required by this agreement 3 The Owner agrees to allow the Municipality at its sole expense and in its sole discretion to register or deposit this agreement in the Registry Office for the County of Bruce againsttitle to the Lands 36

37 Page 2 Site Plan Agreement 4 The Owner agrees to indemnify and hold harmless the Municipality from and against all suits judgments claims demands expenses actions causes of action and losses and for any and all liability for damages to property and injury to persons including death which the Municipality may incur otherwise than by reason of its own negligence orwillfui misconduct as a resuit of or arising out of the matters dealt with in this Agreement or in relation to any breach of the terms of this Agreement 5 The clauses of this agreement are independent and severable and the striking down or invalidation of anyone or more of the clauses does not invalidate all or any of the remaining clauses 6 Nothing in this agreement shall relieve the Owner from complying with all applicable municipal requirements 7 The Owner hereby grant to the Municipality its servants agents and contractors a license to enter thetands and the Easement Lands for the purpose of inspection of the works and the Lands or for any other purpose pursuant to the rights of the Municipality under this agreement 8 Once the Municipality of Kincardine has entered into this site plan agreement with the Owner all subsequent documents binding the Municipality must be executed by the Mayor CAO PART B SITE DEVELOPMENT AND MAINTENANCE PROVISIONS 9 The Owner agrees to undertake deveiopment of the Easement Lands at Its sole expense in conformity with the site plan as detailed in Schedule B attached hereto which shall hereinafter be referred to as the Approved Site Plan 1 O The Owner agrees to provide install or otherwise abide by at its sole expense the site development requirements as detailed in Schedule C attached hereto 11 a Upon completion of the development of the Easement Lands in conformity with the provisions of this agreement to the satisfaction of the Municipality the CAO shall issue a Certificate of Compliance b Certificate of Compliance shall mean a statement of the Municipality as to the substantial completion of the works matters and facilities required by this agreement and shall not be deemed to certify compliance with any other municipal requirements regulations or by laws and the Municipality shall not be estopped from pursuing any or all its rights to enforce the continuing obligations of the Owner under this agreement or to enforce any other of the Municipality s requirements regulations or by laws which relate to the Lands 12 The Owner hereby acknowledges that failure to complete all required works within the specified time period shall mean a Certificate of Compliance will not be issued until such work necessary to complete the development is done and that until such Certificate of Compliance has been issued the Municipality has the right to refuse issuance of any permit necessary to carry out any additional work on the Lands and the Easement Lands 13 All maintenance and repair of facilities and matters required by this agreement shall be done by the Owner from time to time at Its sole risk and expense and the Owner agrees the Lands and the Easement Lands will not impede or prohibit performance of the maintenance provided for in this agreement 37

38 i Page 3 Site Plan Agreement 14 The Owner agrees to maintain in good repair and at its sole expense the Lands in conformity with the provisions of Schedule B app roved site plan and Schedule C site development requirements 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 15 The Owner agrees that all facilities and matters required by this Agreement shall be provided and maintained at the Owners sole risk and expense and to the satisfaction of the Municipality and that in default thereof and in the sole discretion of the Municipality the Municipality may enter onto the Lands and perform such requirements at the expense of the Owner and such expense may be recovered by the Municipality in like manner as municipal taxes within the meaning of Section 326 of the Municipal Act R S O 1990 c M 45 as amended 16 The Owner agrees to do the following a Subject to The Public Transportation and Highway Improvement Act R S O 1990 facilities to provide access to and from the Lands such as access ramps and curbings and traffic direction signs b The Owner agrees to dedicate to the Municipality free and clear of all encumbrances all easements and lands required by the Municipality for the construction maintenance and improvement of any existing or newly required watercourses ditches land drainage works and sanitary sewage facilities on the Lands and on request by the Municipality to deliver the properly executed documents in a form that can be registered to the Municipality in order to complete the dedication to the Municipality and the Owner agrees to pay all costs incurred by the Municipality in respect to the aforementioned dedications and c To where required by Municipal resolution dedicate to the Municipality any lands required by the Municipality for the widening of highways that abut on the Lands free and clear of all encumbrances PART C DEFINITIONS 20 In this Agreement and the Schedules attached hereto Building Area shall mean the oniy area uponwhich the erection and use of buildings and structures shail be permitted Ii Landscaped Open Space shail mean the areas of open space comprised of lawn and ornamental shrubs flowers and trees and may include space occupied by paths walks courts patios but shail not include parking areas traffic aisles driveways and ramps iii Parking Area shall mean the areas ofopen space other than a street to be used for the parking of motor vehicles and access ramps and driveways to areas used for the parking of motor vehicles which shall be clear of buildings and structures except those accessory to the operation of the parking area and which shail be available and maintained for the parking of motor vehicles including maneuvering aisles and other space necessarily incidental to the parking of vehicles iv Natural Open Space shail mean the areas of open space which are to remain in a natural state with a minimum amount of maintenance but shall not include areasof outside storage parking areas traffic aisles driveways or ramps or Building Area Natural Open Space 38

39 Page 4 Site Plan Agreement areas shall be subject to the requirements of the Maintenance and Occupancy Property Standards By Law as amended from time to time for the Municipality and shall be kept clear of all weeds and natural growth which is prohibited by other Municipal by laws Areas of Natural Open Space may Include areas of Landscaped Open Space IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested to by the hand of its Mayor and Chief Administrative Officerthis of 2008 The parties have hereunto set their hands and seals this day of 2008 day SIGNED SEALED AND DELIVERED in the presence of Party of the First Part THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Mayor Larry Kraemer Chief Administrative Officer John derosenroll IfWe have authority to bind the Corporation Party of the Second Part J DHC Developing Inc WITNESS Name David Castillo Title President I have authority to bind the Corporation 39

40 SCHEDULE B The approved site plan shall be drawn by the Owner and marked and marked as the approved site plan signed by the Municipality s Chief Administrative Officer and signed by the Owner with any changes marked in red and initialed by the Chief Administrative Officer and the Owner This approved site plan shall be filed with the Municipality s Chief Administrative Officer 40

41 SCHEDULE C SITE DEVELOPMENT REQUIREMENTS 1 The Owner agrees that the completion date for all work required pursuant to this agreement shall be December and provide the Municipality with as constructed drawings 2 The Owner agrees to prepare a grading and drainage plan acceptable to the Municipality and all surface and roof drainage shall be controlled in accordance with the approved plans in a manner satisfactory to the Municipality Final Grading Certificate completed by a Professional Engineer or a Registered Ontario Land Surveyor must be submitted 3 The Owner agrees that any floodlighting of the land shall be installed in such a manner so as to deflect the light away from adjacent streets and properties or so controlled in intensity so as to prevent glare on adjacent streets and properties 4 The Owner agrees to ensure during development of the subject lands that appropriate devices are installed and measures taken to prevent unreasonable erosion of soil from the site by wind or water and the Owner agrees to abide by any request of the Municipality s Chief Building Official or Engineer in this regard acting reasonably 5 The Owner agrees to install temporary fencing or otherwise adequately protect all trees shrubs and other vegetation which are to be retained and such fencing shall be located not closer to any trees than the drip line of such trees and the Owner agrees to abide by the requirements of the Municipality s Pubic Works Manager in this regard acting reasonably 6 The Owner agrees that any internal driveways which are necessary for and designated as a fire route shall be so designed so as to carry the weight of the Municipality s fire fighting equipment and marked as fire routes by signs 7 The Owner agrees to provide all landscaping as shown on the approved site plan All plantings shall be installed to the specifications and requirements as indicated on the approved site plan 8 The Owner agrees that the site and building shall be designed so as to provide unobstructed access for wheelchairs to at least one main building entrance from the public sidewalkstreet and one parking area by use of sidewalk ramps of proper gradient and surfacing 9 The Owner agrees to appropriately and properly finish all lands lying between the subject lands and any and all abutting streets which without limiting the generality ofthe foregoing shall include the following i landscaping oflands lying between the street line and property line not to be used for vehicular or pedestrian entrances with topsoil and sod seed ii installation of driveways of proper width and grade from the street line to the property line with asphalt concrete or other hard surfacing acceptable to the Municipality Engineer iii removal of existing driveways which are not to be used with replacement by appropriate landscaping as detailed above 41

42 10 The Owner agrees to obtain a building permit within six 6 months from the date of this agreement Failure to obtain a building permit within the prescribed time period shall mean this agreement is null and void 11 The Owner agrees that all driveways and parking areas as indicated on the approved site plan shall be surfaced with asphalt or cement acceptable to the Municipality Engineer 12 The Owner agrees that the significant features indicated on the approved site plan will be kept in good repair at all times i entry gates ii pedestrian access including the bridge culvert crossing of the ditch 13 The Owner agrees to grant an easement in favor of the Municipality over the ditch along the northerly and westerly side of the site to provide for access repair and maintenance of the ditch The nature and extent of the easement shall be approved by the Public Works Manager 14 The Owner agrees to make any changes in location and extent ofthe sidewalk and pedestrian access subject to M T O and Municipal approvals 15 The Owner agrees to submit an electrical drawing indicating the specifications for the light standards and the overall site lighting requirements approved by the Municipality Engineer 16 The Owner acknowledges that he will be required to execute a development agreement with the Municipality and will be required to complete road improvements and sidewalk access on iands extemal to the site The extent and nature of these improvements are subject to review and approval by the Municipality and the M T O 17 The Municipality s Chief Administrative Officer may agree in writing to minor variations to provisions ofthis agreement Please note that all major variations must be approved by Council in the form of a Site Plan amendment to this agreement 42