deems it advisable to amend By-Law No , as amended, of Township of Kingston;

Transcription

1 Clause 1, Report No. 63,2000 BY-LAW NO A BY-LAW TO AMEND BY-LAW NO RESTRICTED AREA ZONING BY-LAW OF THE FORMER TOWNSHIP OF KINGSTON, (SITE SPECIFIC DEVELOPMENT DRIVE - TO PERMIT RETAIL / WHOLESALE USES, A LUNCH COUNTER AND A SEASONAL OUTDOOR MARKET) PASSED MAY 16,2000 WHEREAS the Council of the Corporation of the City of Kingston deems it advisable to amend By-Law No , as amended, of Township of Kingston; the former NOW THEREFORE the Council of the Corporation of the City of Kingston hereby ENACTS as follows: 1. By-Law No of The Corporation of the City of Kingston (formerly The Township of Kingston) entitled Restricted Area Zoning By-Law, as amended, is hereby further amended as follows: A.Map 5 ofschedule A is herebyamendedby changing to 2-29 the Zone symbol of the lands shown as ZONE CHANGE TO 2-29 on Schedule A attached hereto. B. Section 25(3) is hereby amended by adding a new Subsection (ac) thereto as follows: 25(3)(ac) M2-29 Notwithstanding the provisions of Sections 25(1) to the contrary, the lands designated 2-29 on Map 5 of Schedule A hereto may also be used in accordance with the following special provisions: (i) The permitted uses set out in Section 25(1) (b) also include the following uses: shall warehouse, a a) in which goods, wares, merchandise,substances, articles or things are stored and displayed in a warehouse format and offered for sale, at wholesale or retail, to other dealers, retail outlets, collectors and the general public, but shall not include a retail store as defined elsewhere in this By-Law. The retail sales shall not exceed forty-nine per cent (49%) of the total value of sales on the property;

2 By-Law No b) a lunch counter, intended to serve primarily the customers of the uses permitted on the property, provided such lunch counter does not occupy a floor area in excess of 45 square metres and is located within the walls of the building in existence on the day of the passing of this By- Law; c) a seasonal outdoor market for fruits, vegetables, antiques and crafts. (ii) Notwithstanding the provisions of Section 5 (16)(c) of this By-Law, a maximum of two (2) on site parking spaces may be located within 25 feet of the street line. This By-Law shall come into force and take effect on its passing, provided no Notice of Appeal is filed to this By-Law, all in accordance with the provisions of Section 34, Subsections 19 and 30 of the Planning Act, R.S.O. 1990, c. P. 13; and where one or more appeals have been filed within the time periodspecified,attheconclusionofwhich,theprovisions of Section34, Subsections 19 and 30 of the Planning Act, R.S.O. 1990, c. P. 13 apply and the By-Law shall be deemed to have come into force and day it was passed. GIVEN ALL THREE READINGS AND PASSED MAY 16,2000 take effect on the / ACTING CITY CLERK DEPUTY

3 THE CORPORATION OF THE CITY OF KINGSTON Re: By-Law No A By-Law To Amend By-Law No Of The Former Township Of Kingston (Site Specific Development Drive - To Permit Retail / Wholesale Uses, A Lunch Counter And A Seasonal Outdoor Market). EFFECTIVE DATE: May 16,2000 DECLARATION I, NICOLE SULLIVAN, Acting City Clerk, 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 16th day of May, 2000, 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 Planning Act, R.S.O. 7990, c. P.73. I also certify that the 20 day appeal period expired on June 13, 2000, and to this date no notice of appeal setting out an objection to the by-law has been filed by any person in the Office of the Clerk. DATED at Kingston, Ontario this 14th day of June, i -.Lc(l_,Ly i ~.. & i, jc1 J c h L -. Nicole Sullivan, Acting City Clerk The Corporation of the City of Kingston

4 ~ M2-17 f City of Kingston ( We st ) Affected Area by this By-law Schedule 'A', Zone Change to "2-29' Certificate of Authentication This is Schedule 'A' to By-law No , to By-law No Kingston Liquidat0rdC.R. Shops 780 Development Drive Part of Lot 8, Concession 2, Plan 13R ~. scale: e Metric This map is not to be used for precise scaling. -." Development Review Date: a division of Community Development Services Prepared by: P. Healey I Folder: K:\CADD14-ZNG\79OO.DWG

5 Legend: Area Affected by this by-law Date: Zoning File No.: Dl prepared by: P. Healey I Folder: K:\CAD\D14-ZNG\79-00.DWG to By-law NO Kingston Liquidat0rsE.R. Shops 780 Development Drive Lot 8, Concession 2, Plan 13R Scale: Metric This map is not to be used for precise scaling.,"~."". L^-.".I~~-~-~.~.","".I"~"""."x. Review Development a division of Community Development Services

6 NOTICE OF PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE CITY OF KINGSTON The Council of The Corporation of the City of Kingston passed By-Law No , A BY- LAW TO AMEND BY-LAW NO OF THE FORMER TOWNSHIP OF KINGSTON (Site Specific Development Drive - To Permit Retail / Wholesale Uses, A Lunch Counter And A Seasonal Outdoor Market) on the 16th day of May, 2000, under Section 34 of the Planning Act, R.S.O. 1990, as Amended. 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 not later than the 13th day of June, 2000, a Notice of Appeal setting out the objection to the By- Law and the reasons in support of the objection. The objection must be accompanied by the fee required by the Ontario Municipal Board. Only individuals, corporations and public bodies may appeal a Zoning By-Law to the Ontario Municipal Board A Notice of Appeal may not be fired by 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 behag AN EXPLANATION of the purpose and effect of the By-Law, describing the lands to which the By-Law applies, and a Key Map showing the location of the lands to which the By-Law applies are attached. DATED at the City of IOdgstoa this 24th day of May, 2000 Acting City Clerk, City of Kingston NOTE: The Last Day For F&g Objections Will Be JUNE 13,2000. The Objection Must Be Received By This Date In Order To Be Valid. 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.

7 EXPLANATORY NOTE CONCERNING BY-LAW NO AREA AFFECTED: The area affected by By-Law No is located on the north side of Development Drive, between Justus Drive and McKay Street, and is known municipally as 780 Development Drive. The property, measures approximately 0.5 hectare (1.24 acres) and is occupied by a vacant one (1) storey warehouse building, approximately 750 square metres (8100 square feet) in size, that was formerly used for retail lumber sales. The subject property is illustrated on theattached Schedule A to the Amending Zoning By-Law. PURPOSE: The purpose of By-Law No is to rezone the entire parcel of land from Zone 2 LightIndustrial to a Special 2-29 Light Industrial Zone and add a new subsection to the exceptions section of the By-Law setting out the site specific provisions relating to the 2-29 Zone. EFFECT: The effect of By-Law No is to permit Kingston Liquidators / C.R. Shops (Ronald Swain) to utilize the existing building for the storage, display and sale, at wholesale and retail, of a variety of items purchased from bankruptcy stock, inventory overstock, personal estates or salvage fiom local stores. The merchandise will generally be displayed in a warehouse format and sold to other dealers, retail outlets, collectors and the general public. The applicanthasalsoindicated that they wish to include a small lunch counter in the building for the convenience of their customers, and may also wish to operate a seasonal outdoor market (fruit, vegetables, antiques, crafts). The site specific regulations for the property would permit retail / wholesale sales throughout the entire building, providedthat the retail sales did not exceed 49 % of the total value of sales; add a lunch counter, with a maximum size of 45 square metres, and seasonal outdoor market as permitted uses; and, permit two parking spaces to be located within 25 feet of the street line to recognize the existing as built situation on the property. KEY MAP: See attached copy of Schedule A to By-Law No The above is an explanation of the provisions of the amendment to the Zoning By-Law. For accurate reference, this amendment and the original By-Law No should be consulted at the Municipal Offices during regular business hours.