HomeMy WebLinkAbout06 200 Zon Enb lt 6,7&8 con 8
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BY-LAW
No_ 2006 - 200
BEING A BY-LAW TO AMEND ZONING BY.LAW NO. 2003.25,
BEING THE COMPREHENSIVE ZONING BY.LAW FOR THE
MUNICIPALITY OF KINCARDINE
ANO
ZONING BY-LAW NO. 76-13,
BEING THE COMPREHENSIVE ZONING BY,LAW FOR THE
TOwNSHIP OF BRUCE
.
Mamlca Fanns Ltd. (Tilman Behren) clo Enbrklge Ontario Wind Power lP,
Part lot 6 and Lots 7 & 8. Concession 8, Municlpality of Kincardine
(geographic Township of Bruce)
WHEREAS SecUon 34 olthe Planning Act. RS.O 1990, Chapter 13 authorizes tI1e
Councils of Municipalities 10 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 Comprehensive Zoning 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;
AND WHEREAS the Council of the Corporation of the Township of Bruce has
enacted Comprehensive Zoning By~law 76-13. a zoning by-~aw enacted under
Section 34 of the said Planning Act;
.
AND WHEREAS the Corpora1ion of the Township of Bruce has restructured to
now be a part of the Corporation of the Municipality of Kincardine;
AND WHEREI!t\S the Council of the Cmporation of the Munlc\pa\i\y of K\ncardine
desires to amend By-law 76-13;
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 'A1 - General Agriculture' to 'A1-bv-H
_ General Agriculture Special Holding' the zoning designation of those
landS described as Part lot 6, Lots 7 & 8, Concession 8, Municipality of
Kincardine (geographic Township of Bruce) which are outlined on the
attached Schedule 'A-OO'.
2. By-law No, 2003-25, as amended, being the Comprehensive Zoning By-
law for tile Municipality of Kincardine, is hereby further amended by adding
the following paragraph to subsection 9.3 thereof:
9.3,67 Notwithstanding their 'A1' zoning eJesignaUon, those lands
delineated as 'A1-bv-H' on Schedule 'A'to thIS By-law may be used
for 'Farm Lot' purposes in compliance with the 'A1' zone provisions
contained in this By~law, excepting however. that:
L
A 'Commercial Wind Generation System (eWGs)'
consisting of no more than three (3) 'Wind Generating
System (WGS)' shall also be penniUed; the WGS #55
shall be located within +1- 5 metres of UTM Datum Zone
t7 462348 E and 4907051 N; the WGS #56 shall be
located within +1. 5 metres of UTM Datum Zone 17
462683 E and 4906719 N: and the WGS #76 shall be
located within +1- 5 metres of UTM Datum Zone 17
463029 E and 4906739 N.
.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM ICWGSI: 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 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 this By-law the folk>wing Provisions
and Notes 1, 2 and 3 shall apply:
Feature Provlslon/Reaulatlon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5leet)
Residential Cluster' Note 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a '5eUlement Area' Nolo 2
'WGS' Minimum Setback to: Residential 1.10 times the 'T etal WGS 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 Hiohwav the riaht-of-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard feen
Maximum 'Total WGS Heiaht' 121.0 metres 1397 feen
SignslAdvertisingllogos 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 nermltted.
Note 1. A 'Rural Residential Cluster' means four (4) or more residential
lots, each lot being less than 0.6 hectares (2 acres) 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 Officiaf Plan or County of Bruce Official
Plan for development such as, but not limited to, Underwood, lnverhuron,
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 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
'Jp\ion agreement and has a lease/easement agreement
pennitting the erection of a 'WGS'; or
c. the abutting landowner has also signed both an
option agreement and has a leaseleasement agreement
permitting the construction 01 project infrastructure i.e.,
access roads andlar electricity transmission line on the
abutting lands; or
d. the 'Interior Side Yard' or 'Rear Yard' abuts the
Hydro One right-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 Services
Plan' for dealing with Extreme Weather Conditions to
inctude 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.O. 1990 as amended.
c. A 'Stage 2 Archaeological Study' has been
prepared, submitted, reviewed and approved by the
M\nistf'j' 01 Citizenship and Culture, and any
recommendations of the Report andlor 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 Munidpality of Kincardine.
e. A lelter certifying that the conditions as per clause
iv) above have been met has been filed with the
Municipality of Kincardine by Enbridge.
f. 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 Enbridge.
vi. Where one or more zoning regulations applicable to
a 'WGS' results in a conflict, the most restrictive or
higher regulatton 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-115-H - Rural
Special Holding' the zoning designation of those lands described as
Part Lot 6, Lots 7 & 8, Concession 8, Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the attached
Schedule 'A-97'.
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:
5.69 Notwilhslanding their 'A' zoning designation, those lands
delineated as 'A-115-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 three (3) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #55
shall be located within +/- 5 metres of UTM Datum Zone
17 462348 E and 4907051 N; the WGS #56 shall be
located within +1- 5 metres of UTM Datum Zone 17
462683 E and 4906719 N; and the WGS #76 shall be
located within +1- 5 metres of UTM Datum Zone 17
463029 E and 4906739 N.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WINO GENERATION SYSTEM ICWGSI: means
one or more Wind Generating Systems (WGS), that singly or
collectively produce more than a t01al of 40 kilowatts (kW) based on
'nameplate rating capacity' and are connected to the provincial
transmission grid.
WIND GENERATION SYSTEM fWGS): 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 ProvlslonlReoulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5leet)
Residential Cluster' N01e I
'CWGS' Minimum Setback to lands 700 metres (2296.6 feel)
within a 'Settlement Area' Note 2
'WGS' Minimum Setback to: Residential I. I 0 times the 'Total WGS Height' 101" ~
uses or structures designed for human
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback 10: County or 1.25 times the 'Total WGS Height' from
Provincial road or Hiohwav the rieht-ot-wav line
'WGS' Minfmurn Setback: to: Front Yard 'T~:~I WGS Height' minus 10 metres (33
or Exterior Side Yard feet
Maximum 'Total WGS Heiehl' 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
shall be permitted.
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 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 limfted la, Underwood, Inverhuron,
North Bruce, Shoreline Development Area. etc.
Note 3. 'Total WGS Height' ls 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 '0 an 'Interior Side Yard' or
'Rear Yard' shall be no less than '1.0 times the Total WGS
Height 11.0 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 the
abutting lands; or
d. the 'Interior Side Yard' or 'Rear Yard' abuts the
Hydro One right.ot-way 230 kV transmission corridor.
'V. The '\-'. - Holding' provision may be removed once the
following conditions have been met
a. An 'Operational Protocol and Emergency Services
Plan' for dealing with Extreme Weather Conditions to
include potentiallcing and High Wind sitUB1ions has been
filed with the Municipality of Kincardine by Enbridge.
b_ A 'Stte Plan Agreement' as per Section 41(7)(c)
has been registered as per Section 41(10) of the Planning
Act, RS.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 clause
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 Enbridge.
vi. Where one ar more zoning regulations applicable to
a 'WGS' results in a confli~, the mast 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 1he 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 6. Lots 7 & 8. Con 8. 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 THIRO time and FINALLY PASSED this
day 01
2007,
Cieri<
Mayor
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SUBJECT PROPERlY
+ TURBINE LOCATION
LANDS TO BE ZONED 'Al-bY-H, GENERAL AGRICULTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A-96' TO THE
ZONING BY-LAW NO. 2006 -200
DAY OF
COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by 181 Group February 2007
SCHEDULE 'A-97'
Part Lol 6, & Lots 7 & 8, Concession 8,
Municipality of Kincardine(geographic Township of Bruce)
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SUBJECT PROPERTY
+ TURBINE LOCATION
LANOS TO BE ZONEO 'A-115-H, RURAL SPECIAL HOLDING'
LANOS TO REMAIN ZONEO 'H, HAZARO U\NO'
THIS IS SCHEDULE 'A-97' TO THE
ZONING BY-LAW NO_ 2006-200
DAY OF
COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by IBI Group February 2007