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HomeMy WebLinkAbout06 146 Zoning 06-25 Enbridge . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW No. 2006 -146 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE Enbridge Ontario Wind Power LP, Lot 9, Concession 7, Municipality of Kincardine (geographic Township of Bruce) WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes the Councils of Municipalities to enact and amend zoning by-laws which comply with an approved official plan; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine has enacted By-law 2003-25, a zoning by-law enacted under Section 34 of the said Planning Act; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires to amend By-law 2003-25; NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A' to By-law No. 2003-25 as amended, is hereby further amended by changing thereon from 'A l' to 'A 1-y-H' the zoning designation of those lands described as Lot 9, Concession 7, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A', 2. By-law No. 2003-25, as amended, being the Zoning By-law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 9.3 thereof: 9.3.20 Notwithstanding their 'A l' zoning designation, those lands delineated as 'A1-y-H' on Schedule 'A' to this By-law may be used for 'General Agriculture' purposes in compliance with the 'A l' zone provisions contained in this By-law, excepting however, that: (i) An electrical substation shall be a permitted use. For the purposes of this By-law, an 'electrical substation' shall be defined as lands, buildings and/or structures or parts thereof containing a subsidiary station of an electricity generation, transmission and distribution system where voltage is transformed from high to low or the reverse using transformers; .../2 · · · · Page 2 By-law No. 2006 -146 Amendment to Comprehensive Zoning By-law Lot 9, Concession 7 (ii) For the purposes of this By-law, the lot lines are as follows: a. the Front Lot Line shall be deemed to be the southerly 'A1-y-H' zone line; b. the Rear Lot Line shall be deemed to be the northerly 'A 1-y-H' zone line. (iii) For the purposes of this By-law, the following setbacks shall apply: a. the Front Yard Setback shall be no less than 5 m; b. the Rear Yard Setback shall be no less than 5 m; c. the Side Yard Setbacks shall be no less than 5 m. (iv) The lands shall be subject to Site Plan Control; (v) The 'H' provision may be removed once the following conditions have been met: a. A Site Plan Control Agreement has been registered on title. b. A 'Decommissioning Plan' outlining the anticipated costs of the removal of the substation and site remediation and to include the anticipated obligations of the landowner and/or Project operator has been submitted and approved by the Municipality of Kincardine. 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, R.S.O. 1990. 4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25, (Lot 9, Concession 7, Municipality of Kincardine (geographic Township of Bruce», By-Law". Read a FIRST, SECOND and a THIRD time and FINALLY PASSED this 9th day of August 2006. ~~ , Mayor ~. ~~o.1l.R Cle SCHEDULE 'A' Lot 9, Concession 7, Municipality of Kincardine(geographic Township of Bruce) 6' ,I' .... .... ~ 1 , I' "- /, I I I / I I I I ~7 c;(o/,.9 01/ ;> I I I I I I " / I / I I I I I I I I I / I I I I I I I I I I ~7 / I I I I I ~7 t : =- J SUBJECT PROPERTY ~ LANDS ZONED 'A1-z, GENERAL AGRICULTURE SPECIAL' ~ LANDS TO BE ZONED 'A1-y-H, GENERAL AGRICULTURE SPECIAL HOLDING' ~:-:-:-:-:-:-:1 LANDS TO REMAIN 'EP, ENVIRONMENTAL PROTECTION' THIS IS ZONING qR MAYOR CLERK SCHEDULE 'A' TO THE COMPREHENSIVE BY-LAW NO. ~CX)(.c>- 14LP PASSED THIS DAY OF ~+-. dOO& ~ ~~~ FJI.I[: 2-108-08.28(112) APPI.ICANT: Enbrid9t 0ftt0rI0 WInd "- LP DATE: ... zooe .;~¡.i.¡!è~·< .:".;.. .~:.,. ',,",,", ___..-:..r~_, "....__ ~.n1if:i: