BY-LAW NO

Transcription

1 Clause 3, Report No. 64,2005 BY-LAW NO A BY-LAW TO AMEND THE OFFICIAL PLAN OF THE FORMER TOWNSHIP OF PlllSBURGH - TO CHANGE THE DESIGNATION ON APPOXIMATELY 15.3 HECTARES (37.8 acres) OF LAND FROM RURAL TO SITE SPECIFIC RURAL SITE SPECIFIC POLICY 2A.4.6 PASSED: May 3,2005 WHEREAS the Council of the Corporation of the City of Kingston deems it advisable to amend Official Plan of the former Township of Pittsburgh by changing the designation symbol on approximately 15.3 hectares of land from RURAL to site specific RURAL SITE SPECIFIC POLICY 2A.4.6as requested by Stephentown Creek Limited to recognize the existing houses in application ; NOW THEREFORE the Council of The Corporation of the City of Kingston, in accordance with the provisions of Section 17 of the Plannina Act, R.S.O. 1990, c. P. 13, hereby enacts as follows: That the Official Plan Former Township of Pittsburgh, as amended, is hereby further amended as follows: 1. That the Official Plan, Former Township of Pittsburgh, MAP 1, Official Plan - Land Use as amended be further amended by changing the designation symbol to Rural Site Specific Policy 2A.4.6 of the lands shown as Lands Subject to Official Plan Amendment Change from Rural to Rural Site Specific Policy 2A.4.6 on Schedule A attached hereto; 2.ThattheOfficialPlan,FormerTownship of Pittsburghasamendedbefurtheramendedbyadding the following Section 2A.4.6 following Section 2A.4.5: 2A.4.6 Part Lot 1 and 2, Concession 3 Notwithstanding the provisions of Section 2A.2 to the contrary the lands designated as RuralSiteSpecificPolicy 2A.4.6 maybedevelopedinaccordancewiththefollowing policies: 0 The lands may be used for a vacant land condominium containing a maximum of 25 detached dwellings. No severances of individual lots shall be permitted. 0 Allservicingshall beprovidedbyprivateindividualwaterwellandsanitary septic systems on each condominium unit. Only one dwelling unit shall be permitted per condominium unit. Provisions shall be made to accommodate additional water wells and sanitary septic systems as backup locations for use by individual condominium units. Communal water wells and communal sanitary septic systems are prohibited. 0 For floodprotectionpurposesthereshallbenodevelopment,includingthe erecting of any dwelling or other structure, or any shoreline alteration, permitted below the minimum elevation of metre (Geodetic Survey of Canada Datum). Building openings and laneway access should be appropriately located. Where land is available it is intended that existing

2 By-Law No ,..2 buildings and structures located below the minimum elevation be removed or relocated if the site is redeveloped. 0 All construction shall protecthe shoreline, shoreline vegetation and fish habitat from damage or silting. Silt protection measures such as straw bales or fences are encouraged. 0 No in water construction should occur during the period of March 15 to June 30 of any year in order to protect the spawning fish habitat. 0 Prior to changes to the existing dwellings the owners shall demonstrate that the water well and sanitary septic systems meet current standards. 2. This By-Law shall come intoforceandtakeeffectonitspassing,providednonoticeofappealis filed to this By-Law, all in accordance with the provisions of Section 17, Subsections 24 of the Planning Act, R.S.O. 1990, c.p.-13; and where one or more appeals have been filed within the time period specified, at the conclusion of which, the provisions of Section 17, Subsections 24 and 50 of the Plannina Act, R.S.O. 1990, c.p.-13 apply and the By-Law shall be deemed to have come into force and take effect on the day it was passed. GIVEN ALL THREE READINGS AND PASSED May 3,2005 r CITY CLERK

3 ~ Site Land Use Designations Industrial-Waste Disposal Aggregate Resource RecreatlonlTourisrn Envlronrnental Resource Protectlon Mineral I " Specific Policies Mineral Resources- Area of Provincial Significance Planning Division a division of Planning & Development Services The Corporation of the City of Kingston Schedule 'A' to Official Plan By-Law " Applicant: Stephentown Creek Ltd. File No.: D Address: Stephentown Lane Pian No.: RP 13R15084 PART 1;Rideau Canal LoVConc.: CON 3 PT LOT 1 Roll No.: Scale: Mettic June Date: 21, m ThS map is not to be used for precise scaling.

4 Plannina Act NOTICE OF ADOPTION OF PROPOSED OFFICIAL PLAN AMENDMENT BY THE CORPORATION OF THE CITY OF KINGSTON TAKE NOTICE that the Council of The Corporation of the City of Kingston passed By-Law No "A By- Law to Amend the Official Plan for the Township of Pittsburgh, (Amendment No. 63- to Add "Rural Site Specific Policy Section 2A.4.6)", on the 3' day of May, 2005, under Subsection 17(23) of the Plannina Act. PURPOSE OF BY-LAW: The purpose of the By-Law is to amend the Official Plan by: 1. Changing the designation symbol on15.3hectaresoflandfrom "Rural" to "RuralSiteSpecificPolicy Section 2A.4.6)"; and, 2. Add Section 2A.4.6, Rural Site Specific Policy which allows thestablishment of a vacant land condominium with 25 houses on it subject to criteria. EFFECT OF BY-LAW: The effect of the By-Law is to recognize the existing 24 houses on the site and to allow the re-construction of one house. The general location of the houses on the site should not change to any significant degree. The establishment of a condominium will change the ownership from a single company to a condominium corporation with 25 condominium units (lots). This allows clearer ownership of the lands and establishes clearer responsibilities for the maintenance of common areas. ANDTAKENOTICE that By-Law No ,andinformationrespectingsaidBy-Lawandtheproposed amendment to the Official Plan are available intheofficesofthemanager,planningdivision,kingstonwest Municipal Offices, 1425 Midland Avenue, Kingston, Ontario, during regular office hours (8:30 a.m. to 4:30 p.m.) or by calling , Ext AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By- Law by filing with the Clerk of The Corporation of the City of Kingston, 216 Ontario Street, not later than 4:30 pm the 30th dav of Mav, 2005, a Notice of Appeal setting out the objection to the By-Law, the specific part of the proposed Official Plan Amendment to which the appeal applies, and the reasons in support of the objection. Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must be accompanied by a fee payment in the amount of $ payable to the Minister of Finance. AND TAKENOTICE thattheproposedofficialplan AmendmentisexemptfromapprovalbytheMinister of Municipal Affairs and the decision of Council is final if a Notice of Appeal is not received before or on the last day for filing a Notice of Appeal. Only individuals, corporations and public bodies may appeal a decision of the Municipality to the Ontario Municipal Board. A Notice of Appealmaynotbefiledby an unincorporated association or group. However, a Notice of Appeal may be filed in the name of an individual who is a member of the association or group on its behalf.... 2

5 AND TAKE NOTICE that any person or public body will be entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority: The Corporation of the City of Kingston, c/o Carolyn Downs, City Clerk, 216 Ontario Street, Kingston, Ontario, K7L 223 The property that is the subject of this Official Plan Amendment application is also the subject of an Application for a Zone Change (Our File No ); and, Condominium Application (D ) to amend the regulations of the existing RR Zone to site specific RR-10 Zone. A copy of the Notice of Passing respecting Amending Zoning By-Law No is enclosed. NOTE: THE LAST DAY FOR FILING OBJECTIONS WILL BE Mav 30th, THE OBJECTION MUST BE RECEIVED BY THE OFFICE OF THE CLERK OF THE CORPORATION OF THE CITY OF KINGSTON, NO LATER THAN 4:30 PM THIS DATE IN ORDER TO BE VALID. DATED at the City of Kingston This 9 day of May, 2005 arolyn Dowhs, City Clerk City of Kingston Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must include: 1. The objection to the By-Law and the reasons in support of the objection. 2. The name and address of the appellant. 3. The fee payment in the amount of $ payable to the Minister of Finance, Province of Ontario.

6 THE CORPORATION OF THE CITY OF KINGSTON Re: BY-LAW NO ABY-LAWTOAMENDTHEOFFICIAL PLAN OFTHE FORMER TOWNSHIP OF PlllSBURGH - TO CHANGE DESIGNATION THE APPOXIMATELY 15.3 HECTARES (37.8 acres) OF LAND FROM RURAL TO SITE SPECIFIC RURAL SITE SPECIFIC POLICY 2A.4.6 EFFECTIVE DATE: May 3rd, 2005 DECLARATION I, Nicole Sullivan hereby certify that the notice for BY-LAW NO of The Corporation of The City of Kingston, passed by the Council of The Corporation of the City of Kingston on the 3rd day of May, 2005 was given in the manner and form and to the persons prescribed by Ontario Regulation 199/96, made by the Lieutenant Governor-in-Council under subsections 17 and 34 of the Plannina Act, R.S.O. 1990, c. P. 13. I also certify that the 20 day appeal period expired on the 30th day of May, 2005 and to this date no notice of appeal setting out an objection to the by-law has been filed in the Office of the Clerk. DATED at Kingston, Ontario This 3rd day of June, Nidole Sullivan, Acting City ) The Corporation of the City Clerk of Kingston