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HomeMy WebLinkAbout06 159 Zon Enb lt "I", con 13 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . BY-LAW No. 2006 -159 BEING A BY.LAW TO AMEND ZONING BY-LAW NO. 2003.25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE AND ZONING BY.LAW NO. 76-13, BEING THE COMPREHENSIVE ZONING BY.LAW FOR THE TOWNSHIP OF BRlICE 379650 Ontario Limited c/o Enbrldge Ontario Wind Power LP, P~ut Lot '.'. Concession 13, Munlclpality of Kincardine (geographic Township of Bruce) . WHEREAS Section 34 01 the Planning Act. R.S.O 1990. Chapler 13 auIhorizes the Councils or Municipalities to enact and amend zoning by-laws which comply with an approved official plan; AND WHEREAS the Council of the Corporation of lhe Municipality of Kincardine has enacted Comprehensive Zoning By-taw 2003-25. a zoning by-Jaw enacted under Seelian 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; AND WHEREAS the Council of the Corporation of the Township of Bruce has enacted Comprehensive Zoning By-law 76-13, a zoning by~law enacted under Section 34 of the said Planning Act; . AND WHEREAS the Corporation of the Township of Bruce has restructured to now be a part of the Corporation of lhe Municipality of Kincardine; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires to amend By-law 76-13; NOW Tt-tEREFORE the Council of the Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A' to By-IEIW No, 2003-25 as amended, is hereby further amended by changing thereon from 'A2 - Restricted Agriculture' to 'A2-o- H - Restricted Agriculture Special Holding' the zoning designation of those lands described as Part lot '1'. Concession 13. Municipality of Kmcardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-14'. 2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By- law for Ihe Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 10,3 thereof: 10.3.13 Notwithstanding lheir 'A2' zoning designation, those lands delineated as 'A2-o.H' on Schedule 'A' to this By-law may be used for 'Farm lor purposes in oompliance with the 'AZ' zone provisiol1s contained in this By-law. excepting however, that: i. A 'Commercial Wind Generation System (CWGS)' consisting of no more than two (2) 'Wind Generating System (WGS)' shall also be permllled; the WGS #103 shall be located within +/. 5 metres of UTM Datum Zone 17 462331 E and 4913234 N; and WGS #102 shall be located within +1- 5 metres of UTM Datum Zone 17 462515 E and 4913510 N. . ii. For the purposes of this By-law the foUowing Defmitions shaIlappiy' COMMERCIAL WIND GENERATION SYSTEM (CWGS): means one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. WIND GENERATION SYSTEM (WGS}: means any device such as a wind charger, windmill. or wind turbine that converts wind energy to electrical energy. iii. For the purposes of this By-law the following Provisions and Notes 1, 2 and 3 shall apply: Feature Provlslon/Renulatlon 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) ResKJential Cluster' Nolll1 'CWGS' Minimum Setback t. lands 700 metres (2296.6 teet) within a 'Settlement Area' Note 2: 'WGS' Minimum Setback to: Restdential 1.10 times the 'TotalWGS Height' NO'e.l uses or structures designed for human habitation on the same lot as a 'WGS' WGS' Minimum Setback to: County or 1.25 times the 'Total WGS Height' from Provincial road or Hiahwav the rieht-of-wa" line 'WGS' Minimum Setback to: Front Yard 'T~:~] WGS Height' minus 10 metres (33 or Exterior Side Yard feet Maximum 'Total WGS Heioht' 121.0 metres 397 feen Signs/Advertising/Logos Advertising signs or logos on any 'WGS' shall be prohibited; a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (8 feet) in height shat! be nPrmitted. Note 1. A 'Rural Residential Cluste( means four (4) or more residential lots, each lot being less than 0.8 hectares (2 aaes) in area, that share a common boundary including lots located across a roadway. Note 2. A 'Settlement Area' means any urban area or rural settlement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to, Underwood, Inverhuron, North Bruce, Shoreline Developmenl Area, etc. Note 3. 'Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum height reached by any part of the turbine whichever is greater. iv. The 'WGS' Minimum Setback to an 'Interior Side Yard' or 'Rear Yard' shall be no less than '1.0 times the Total WGS Height (1.0 x Total WGS Height]' excepting however the setback may be reduced to 0 metres (0 feet) provided that: a. the abutting landowner is the same registered owner as that of the lands to which approval for a 'WGS' applies; or b. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the erection of a 'WGS'; or c. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the construction of project infrastructure i.e., access roads and/or electricity transmission line on \he abutting lands; or d. the 'Interior Side Yard' or 'Rear Yard' abuts the Hydro One right-of-way 230 kV Iransmission corridor. v. The 'H - Holding' provision may be removed once the following conditions have been met B. An 'Operational Protocol and Emergency SeJVices Plan' for dealing with Extreme Weather Conditions to include potential Icing and High Wind situations has been filed with the Municipaltty of Kincardine by Enbridge. b. A 'Site Plan Agreement' as per Section 41(7)(c) has been registered as per Section 41(10) of the Planning Act, R.S.O. 1990 as amended. c. A 'Stage 2 Archaeological Study' has been prepared, submitted, reviewed and approved by the Ministry of Citizenship and Culture, and any recommendations of the Report and/or Ministry have been implemented. d. A 'Decommissioning Plan' outlining the anticipated costs of turbine removal 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. e. A letter certifying that the conditions as per dause iv) above have been met has been filed with the Municipality of Kincardine by Enbridge. 1. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipality of Kincardine. g. A 'Dispute Resolution Protocol' for dealing with turbine noise complaints within the project area has been filed with the Municipality of Kincardine by Enbrtdge. vi. Where one or more zoning regulations applicable to a 'WGS' results in a conflict, the most restrictive or higher regulation shall apply. The area shown as 'Lands to be Zoned' on Schedule 'A' to this By~law, shall meet the minimum setback regulations for a 'WGS' prescribed herein. 3. Schedule 'A' to By-law No. 76-13 as amended, is hereby further amended by changing thereon from 'A - Rural' to 'A.73~H - Rural Special Holding' the zoning designation of those lands described as Part Lot 'I', Concession 13, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-15'. 4. By-law No. 76-13, as amended, being the Comprehensive Zoning By-law for the geographic Township of Bruce. is hereby further amended by adding the following paragraph to Section 5.0 thereof: 5.27 Notwithstanding their 'A' zoning designation, those lands delineated as 'A~73-H' on Schedule 'A' to this By-law may be used for 'Rural' purposes in compliance with the 'A' zone provisions contained in this By~law, excepting however. that: i. A 'Commercial Wind Generation System (CSGS)' consisting of no more than two (2) 'Wind Generating System (WGS)' shall also be permitted; the WGS #103 shall be located within +/- 5 metres of UTM Datum Zone 17 452331 E and 4913234 N; and WGS #102 shall be located within +/- 5 metres of UTM Datum Zone 17 462515 E and 4913510 N. ii. For the purposes of this By-law the following Definitions shall apply: COMMERCIAL WIND GENERATION SYSTEM ICWGS}: means one or more Wind Generating Systems (WGS), that singly or collectively produce more than a total of 40 kilowatts (kW) based on 'nameplate rating capacity' and are connected to the provincial transmission grid. WIND GENERA nON SYSTEM IWGS): means any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrical energy. iii. For the purposes of thts By-law the following Provisions and Notes 1, 2 and 3 shall apply: Feature Provision/Renulatlon 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' Note 1 'CWGS' Minimum Setback 10 lands 700 metres (2296.6 feet) within a 'Settlement Area' Nllle 2 'WGS' Minimum Setback to: Residential 1.10 times the 'TotalWGS Height' " uses or structures designed for human habitation on the same lot as a 'WGS' WGS' Minimum Setback to: County or 1.25 times the 'Total WGS Height' from Provincial road or Hinhwav the rinht-of-wav line 'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33 or Exterior Side Yard leel\ Maximum 'Total WGS Heioht' 121.0 metres 1397 feeO Signs/Advertising/logos Advertising signs or logos on any 'WGS' shall be prohibited; a maximum of 2 project identification signs not to exceed 1.49 square metres (16 square feet) in area or 2.44 metres (8 feet) in height shall be nermitted. Note 1. A 'Rural Residential Cluster' means four (4) or more residential lots, each lot being less than 0.8 hectares (2 acres) in area, that share a common boundary induding lots located across a roadway. Note 2. A 'Settlement Area' means any urban area or rural settlement area that is designated in the Kincardine Official Plan or County of Bruce Official Plan for development such as, but not limited to, Underwood, Inverhuron, North Bruce, Shoreline Development Area, etc. Note 3. 'Total WGS Height' is measured from average grade to the uppermost extension of any blade, or the maximum height reached by any part of the turbine whichever is greater. iv. The 'WGS' Minimum Setback to an 'Interior Side Yard' or 'Rear Yard' shall be no less than '1.0 limes the Total WGS Height {1_0 x Total WGS Height]' excepting however the setback may be reduced to 0 metres (0 feet) provided that: a. the abutting landowner is the same registered owner as that of the lands to which approval for a 'WGS' applies; or b. the abutting landowner has also signed both an option agreement and ha$ a \easeleasement agreement permitting the erection of a 'WGS'; or c. the abutting landowner has also signed both an option agreement and has a lease/easement agreement permitting the construction of project infrastructure Le., access roads and/or electricity transmission line on the abutting lands; or d. the 'Interior Side Yard' or 'Rear Yard' abuts the Hydro One light-of-way 230 kV transmission corridor. v. The 'H - Holding' provision may be removed once the following conditions have been met: a. An 'Operational Protocol and Emergency SelVices Plan' for 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' as per Section 41(7)(c) has been registered as per Section 41(10) of the Planning Act, R.S.D. 1990 as amended. c. A "Stage 2 Archaeological Study' has been prepared, submitted. reviewed and approved by the Ministry of Citizenship and Cuhure, and any recommendations of the Report and/or Ministry have been implemented. d. A 'Decommissioning Plan' outlining the anticipated costs of turbine removal 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. e. A letter certifying that the conditions as per clause Iv) above have been met has been filed with the Munidpality of Kincardine by Enbridge. f. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Munidpality of Kincardine. g. A 'Dispute Resolution Protocol' for dealing with turbine noise complaints within the project area has been filed with the Municipality of Kincardine by Enbridge. vi. Where one or more zoning regulations applicable to a 'WGS' results in a conflict, the most restrictive or higher regulation shall apply. The area shown as 'Lands to be Zoned' on Schedule 'A' to this By-law, shall meet the minimum setback regulations for a 'WGS' prescribed herein. 5. 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. 6. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13 (former Bruce) (Part Lot 'I', Con 13. Municipality of Kincardine (geographic Township of Bruce)) By-law." APPROVED BY Ontario Municipal Board Decision/Order No. 1989, dated July 16,2007, READ a FIRST. SECOND and THIRD time and FINALLY PASSED this day of 2007. Clerk Mayor 4/ SCHEDULE 'A-14' Part Lot 'I', Concession 13, of Kincardine eo ra hie Townshi of Bruce /' '-, I / / 1")< / / / 1// / r ./ /I./, . / ./ I Ie; /"',/ '" .; /./'/' ,/ . ,,'" / / / ' /1/ / I ~' ,/ / / Co It / / i'\t kJ/---' / //" / / / I I I I I I /) '. I / / ...( II ;"" " ..J ' '.<,1.. / t ....'c::Q<l'~ 88/~" " -.../.. , '- ! "-.::',. Munici alit ,;/ / .// / ~~'l) Turbme" 102 lD ,'/ ... /.~/ , / ! ~ / / I / / I , I I / I I I I / I I / , ! I / , I " i J, , , ./ , , , / " . :lO lDO~"U . .I / II ... / .'..../ '-0/ J' filji , , I' , , , I I , , I ; I I [,;:://;>;;;;1 SUBJECT PROPERTY ... TURBINE LOCATION LANDS TO BE ZONED 'A2-o-H, RESTRICTED AGRICULTURE SPECIAL HOLDING' THIS IS SCHEDULE 'A-14' TO THE COMPREHENSIVE ZONINC B'I -LAW NO. 2006 -159 PASSED THIS DAY OF MAYOR CLERK ru;, '~"-"3 -.oM': J_ ~ ~ .,. ~ - - - ~ Prepared by IBI Group FeblUary 2007 1\fO'I(,~)006 / .f., ,-,' ....... , , SCHEDULE 'A-15' Part Lot '1\ Concession 13. of Kincardine e ra hie Townshi of Bruce / ~/ //' ,"'Y // 1/' ", / / ~ / ,/ /,r .f, "." Tu,bin,"03 'il / ///. ,c//;/. " / ,'// .... / ! / , ' / / ' / / / . /00 Iy / / / ~ l /-/ / / /)(f / I/lt';:,TU'bine. '02 / / / ~ / I I / / / / / / / / / / I) / ,,/ // I <:1.... / / I >'::::-....; , I t '<:~~~~ // "<.' . ,,'''' ><'~ " Munici alit /;/ .I ; , J ;' , , ! , , ; ,i-I , ' , I /...; '-0/ ;,y ;{:;~ Lt$!' /<f1 /' , I ~ , o '-ll ""O<<II1U " , / / I '1 [-://,0-:%1 SUBJECT PROPERTY .. TURBINE LOCA liON lANDS TO BE ZONED 'A-73-H. RURAL SPECIAL HOLDING' THIS IS SCHEDULE 'A-15' TO THE COMPREHENSIVE ZONING BY-LAW NO, 2006,159 PASSED THIS DAY OF MAYOR CLERK ru: Iw"-OI.:It ~:J__lloJl:I..<./.t........___~ Prepared by IBI Group February 2007 ....'It:~...