HomeMy WebLinkAbout06 196 Zon Enb lt 19 con 9
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BY~~bW
BEING A BY-LAW TO AMENO 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
.
Elderslle Farms Ltd. (Canadian Agra Holdings) c/o Enbridge Ontario Wind
Power loP.
Lot 19, Concession 91 Municipality of Kincardine (geographic Township of
Brucet
WHEREAS Section 34 of the Planning Act. RS,Q 1990. Chapter 13 authorizes the
Councils of Municipali1ies 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 Comprehensive Zoning By-law 2003-25, a zoning by-la'll 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-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 the MunIcipality of Kincardine;
AND WHEREAS the CouneR of the Corporation of the Municipality of Kincardine
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-br-H
_ General Agriculture Special Holding' the zoning designalion of those
lands described as Lot 19, Concession 9, Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the attached
Schedule 'A-88',
2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-
law for the MunicipaUty of Kincardine. Is hereby further amended by addlng
the following paragraph to subsection 9.3 thereof:
9.3.63 Notwithstanding thei~ 'A1' zoning designation. those lands
delineated as 'A1.br-H' on SChedule 'A' to this By.law may be used
for 'Fann Lot' purposes in compliance with the 'A1' z.one provisions
contained in this By-law, excepting however, that:
L
A 'Commercial Wind Generation System (CWGS)'
consisting of no more than one (1) 'Wind Generating
System twGS)' shall also be permitted; the WGS #76
shall be located within ...,- 5 metres of UTM Datum Zone
17 467412 E and 4905641 N.
.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM fCWGS1: 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 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 Provlsion/RDnulatlon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feel)
Residential Cluster' NQkI 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a 'Settlement Area' N~ 2
WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' roli"'r
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 riaht-of-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard feetl
Maximum 'Total WGS Heioht' 121.0 metres 397 feel'
Signs/Advertising/L.ogos Advertising signs Of 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 oermiUed.
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 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 'tnterior 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
8. 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 aodJof 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
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.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 tlas 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' 00 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-111-H - Rural
Special Holding' the zoning designation of those lands described as
Lot 19, Concession 9, Municipality of Kincardine (geographic
Township of Bruce) which are outlined on the attached Schedule
'A-89',
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:
5.65 Notwithstanding their 'A' zoning designation, those lands
delineated as 'A-111-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 one (1) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #76
shan be located Within +1. 5 metres of UTM Datum Zone
17 467412 E and 4905641 N.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM ICWGS1: 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 10 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 following Provisions
and Notes 1, 2 and 3 shall apply:
Feature Provislon/Reaulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feel)
Residential Cluster' N~ 1
'CWGS' Minimum Setback 10 lands 700 melres (2296.6 feel)
within a 'Settlement Area' "0182
'WGS' Minimum Setback to: Resklential 1.10 times the 'Total WGS Height'
uses or structures designed for human
habitation on the same lot as a WGS'
'WGS' Minimum Setback 10: County or 1.25 times the 'Totai WGS Height' from
Provincial road or Hinhwav the rioht-of-wav line
'WGS' Minimum Setback to: Front Yard 'TO:~I WGS Height' minus 10 metres (33
or Exterior Side Yard feet
Maximum 'Total WGS Heinhl' 121.0 melres 397leell
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 cermitted.
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
Ihat (s 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 an)'
part of the turbine whichever is greater.
iv. The 'WGS' Minimum Setback to an 'Inlerior Side Yard' or
'Rear Yard' shall be no less than '1.0 times \he Total WGS
Height (1.0 x Total WGS Height)' excepting however the
setback may be reduced to 0 metres (0 feel) 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 projecl 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 right-or-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
indude 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} ofttle 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 CuKure, and any
recommendations. of tt\e Report and/or Ministry have
been implemented.
d. A 'Oecommissioning Plan' outlining the anticipated
costs of turbine removal and site remediation and to
include the anticipated obligations of the landowner
iOIndlor 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.
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 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 7&-13
(former Bruce) (Lot 19. Con 9, 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
SCHEDULE 'A-88'
Lol 19, Concession 9,
Municipality of Kincardine eo ra hie Townshi
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SUBJECT PROPERTY
.. TURBINE LOCATION
LANDS TO BE ZONED 'A1-br.H, GENERAL AGRICULTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTA~ PROTECTION'
THIS IS SCHEDULE 'A-88' TO THE COMPREHENSIVE
ZONING BY-LAW NO, 200S-196 PASSED THIS
DAY OF
MAYOR
CLERK
J'r.I: '~"-""l't ~; ~ r_ ~IIL I~'" --.,.1 </. [-"'9t 1><_ - - ~ ~"" SopI- -
Prepared by ISI Group February 2007
SCHEDULE 'A-89'
Lot 19, Concession 9,
Munici alit of Kincardine(geo ra hic T ownshi
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SUBJECT PROPERlY
... TURBINE LOCATION
LANDS TO BE ZONED 'A-111.H. RURAL SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'H. HAZARD lAND'
THIS IS SCHEDULE 'A-89' TO THE COMPREHENSIVE
ZONING BY-LAW NO, 2006-196 PASSED THIS
DAY OF
MAYOR
CLERK
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Prepared by IBI Group February 2001