HomeMy Public PortalAbout130-18 AMEND RURAL PLAN BY-LAW 125-14 (WARD 2)VILLAGE OF SUSSEX CORNER
BY-LAW # 130-18
A BY-LAW TO AMEND THE VILLAGE OF SUSSEX CORNER
RURAL PLAN BY-LAW # 125-14
Pursuant to Section III of the Community Planning Act, the Council of the Village of
Sussex Corner enacts the following amendments to Rural Plan By-law # 125-14:
1. Schedule A of the Village of Sussex Corner Rural Plan By-law 125-14 is
hereby amended by rezoning lands having Property Identifier 30327613
from Residential 1 - "R-1" Zone to Neighborhood Commercial — "NC" Zone
as per Schedule B attached herewith, subject to terms and conditions as
contained within attached Schedule B-1.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND ENACTED
CLERK MAYOR
1
30327613
Legend
Land to be Rezoned from
Residential 1 — "R-1" Zone to
Neighborhood Commercial — " NC" Zone
Schedule B
By -Law No. 130-18
Amending By -Law No. 125-14
Village of Sussex Corner
April 24th, 2018
1:7,500
m
75 150 300 450 600
SCHEDULE B-i — AGREEMENT TO TERMS AND CONDITIONS FOR THE RE-
ZONING OF LANDS AS PER THE COMMUNITY PLANNING ACT
THIS AGREEMENT is for proposed operations upon those lands having parcel identifiers
30327613, located at 1188 Post Road within Village of Sussex Corner of the county of
Kings, and further described as shown on attached Schedule "B" of Village of Sussex Corner
Corner By-law # 130-18.
THE LANDS referred to in this Agreement are those as described in the preceding
statement.
THE OPERATOR referred to in this Agreement is Brown's Paving Ltd. (Corey
McAllister), owner of the Lands.
AND THE VILLAGE, referred to in this Agreement, is the Village of Sussex Corner
WHEREAS THE OPERATOR proposes to accommodate personal care shops and office
space, has, in conjunction therewith, applied to the Village to have the Lands re -zoned from
Residential 1 - "R-1" to Neighborhood Commercial — "NC" under the Village of Sussex
Corner Rural Plan Regulation — Community Planning Act, so as to permit such use;
AND WHEREAS the Village will further consider the Owner's application, subject to the
terms and conditions herein specified and to the expression of concerns of the local
community at a public meeting called for the purpose of considering such re -zoning;
AND WHEREAS, pursuant to paragraph 59(1)(b) of the Community Planning Act, the
Village has obtained the proposal of the Operator and now wishes to obtain the agreement
of the Operator to the herein terms and conditions;
NOW THEREFORE this Agreement witnesses that in consideration of the premises, the
re -zoning of the Lands, and the herein terms and conditions to be complied with, the
Operator agrees as follows:
(1) That a solid -board wooden fence be built along the eastern property line of PID
30327613, from its border with north-west point of PID 30214365 and run in a south-
easterly direction 35 metres to a point roughly parallel to the south-east corner of the
building on the subject property;
(2) That the applicant consult with Village of Sussex Corner prior to the construction of a
secondary access on Plant Road in order to confirm the location of any easements so
as to mitigate any damage to public utilities;
(3) That signage
(a) be placed near the exiting access onto Plant Road that indicates "no entrance" and
near the existing driveway onto Post Road that indicates "no exit";
(b) advertising the commercial use on the subject property or a neighboring property shall
not have any internal illumination and be no larger than 2 square metres (21.5 ft2);
IN THE EVENT of any breach of these terms and conditions, or of any amendments made
to them, or of the applicable provisions of the Village of Sussex Corner Rural Plan
Regulation — Community Planning Act or of any amendments made to them, by Brown's
Paving Ltd. (Corey and Andrea McAllister), his heirs, assigns or successors, or any other
owner or operator on the Lands, the said Brown's Paving Ltd. (Corey McAllister), his heirs,
assigns or successors, or any other owner or operator on the Lands may lose the right to use
the said lands as herein identified and the authorized use of the Lands may revert to those of
the previous zone, namely, Residential 1 - "R-1" of the Village of Sussex Corner Rural Plan
Regulation — Community Planning Act.
THIS AGREEMENT made this , 5 day of; -50 f , 2018.
SIGNED by and in the presence of
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Br
ng Ltd. (Corey McAllister)
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I, Debbie Otis, Clerk of the Village of Sussex Corner, in the County of Kings and the Province of New
Brunswick, do solemnly declare
1. THAT I am the Clerk of the Village of Sussex Corner, a municipal corporation, and that I am
personally acquainted with the facts herein declared;
2. THAT the provisions of Sections 110 and 111 of the Community Planning Act have been
complied with in respe of By-law No. 130-18, enacted by the Village Council of the Village of
Sussex Corner on %r / 7� 11-"
Signed:
Debbie Otis
Clerk, Village of Sussex Corner
Dated: