HomeMy WebLinkAbout06 190 Zon Enb lt 3 con 9
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
No. 2006 -190
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 BRUCE
Karl & June Elliott do Enbridge Ontario Wind Power LP,
Lot 3. Concession 9, Municipality of Kincardine (geographic Township of
Bruce)
.
WHEREAS Section 34 of the PlannillQ Act, R.S.O 1990, Chapter 13 aulhorizes 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 Comprehensive Zoning By~law 2003-25, a zoning by-law enacted
under Section 34 of Ihe 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 16-13. a zoning by-law enacted under
Section 34 of the said Planning Act;
AND WHEREAS the Corporation of ,he Township of Bruce has restructured to
now be a part of the Corporation of the Municipality of Kin~rdine;
AND WHEREAS the Council of the corpo18Uon of the Municipality of Kincardine
desires to amend By-law 76-13:
NOW THEREfORE the CQUncil of the Corporation of the Municipality of
Kincardine ENACTS as foDows:
1. Schedule 'N to By-law No. 2003-25 as amended, is hereby further
amended by cha.nging thereon from 'A1-General Agriculture' to 'Al-bl-H
~ General Agriculture Speci31 Holding' the zoning designation of those
lands described as lot 3, Concession 9. Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the attached
Schedule 'A-76'.
2. By~law No. 2003~25, as amended, belll9 the Comprehensive Zoning By-
law for the Municipality of Kincardine, is hereby further amended by adding
the fOnowing paragraph to subsection 9.3 thereof:
9.3.57 Notwithstanding their 'AI' z.oning designation, those lands
delineated as 'A1~bl-H' on Schedule 'A' to this BYw1aw may be used
for 'Farm lor purposes in compliance with the 'A1' zone provisions
contained in this By-law, excepting however, that
i.
A 'Commercial Wind Generation System (GWGS)'
consisting of no more than one (1) 'Wind Generating
System (WGS)' shall alsQ be permitted; the WGS #69
shall be located within +/w 5 metres of UTM Datum Zone
17461748 E and 4906855 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 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 ProvisionlReQulatlon
'CWGS' Minimum Setback 10 a 'Rural 600 metres (1968.5 feel)
Residential Cluster' Nott 1
'CWGS' Minimum Setback to lands 700 metres (2296.6leet)
within a 'settlement Area' Nole Z
'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' 0'..3
uses or structures designed for human
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback to: County or 1.25ri:es the 'Total WGS Height' from
Provincial road or Hiohwav the ri t.of-wav line
'WGS' Minimum setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard teell
Maximum 'Total WGS H~t' 121.0 metres {397 feeO
Signs/Advel1isingllogos 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 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 TUra] 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, 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. ihe '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 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-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
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) 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 antidpated
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 ctaus.e
iv) above have been met has been filed with the
Municipality of KI'OCardine 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
filM with the Municipality of Kincardine by Enbridge.
vi. Where one or more zoning regulatJons applicable 10
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-105-H - Rural
Special Holding' the zoning designation of those lands described as
Lot 3, Concession 9, Municipality of Kincardine (geographic
Township of Bruce) which are outlined on the attached Schedule
'A-77'.
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:
5.59 Notwithstanding their 'A' zoning designation, those lands
delineated as 'A-105-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
Syslem (WGS)' shall also be permitted; the WGS #69
shall be located within +/. 5 metres of UTM Datum Zone
17 461748 E and 4906655 N.
ii. For the purposes of this By-law the following Definitions
shali 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
'nameplale 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 following Provisions
and Notes 1,2 and 3 shall apply:
1--
Feature ProvlslonJReaulatlon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feel)
Residential Cluster' Noll 1
'CWGS' Minimum Setback to lands 700 metres (2296_6 feet)
within a 'Settlement Area' Note 2
WGS' Minimum Setback to: Residential 1.10 limes the 'Total WGS HeighI'
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
ProvinciaJ road or Hiahwav the riaht-of-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Extenor Side Yard feel)
Maximum 'r otal WGS Heioht' 121.0 metres '397 feen
SignslAdvertiSingILogos 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 (6 feet) in height
shall be oermitted.
Note 1. A 'Rural Residential Cluster' means four (4) or more residential
Jots, each 101 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 Offic~al Plan or County of Bruce Official
Plan for development such as, but nollimited 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 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 eleclricity 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 - Hokiing' 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 'he Municipality of Kincardine by Enbridge.
b. A 'Site Plan Agreement' as per Sedion 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, submitled. reviewed and approved by the
Ministry of Citizenship and Cullure, 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
andlor Project operator has been submitted and approved
by the Municipality of Kincardine.
e. A letter certifying that the conditions as per c.\ause
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 76-13
(former Bruce) (lot 3, Con 9. Municipality of Kincardine [geographic
Township of Brucel) By-Iaw.~
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 of
2007.
Clerk
Mayor
SCHEDULE 'A-76'
Lot 3, Concession 9,
Municipality of Kincardine(geographic Township of Bruce)
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I I SUBJECT PROPER1Y -+- TURBINE LOCATION
\:/j~~;//'l1 LANDS TO BE ZONED 'AHI-H, GENERAL AGRICULTURE SPEC1AL HOLDING'
THIS IS SCHEDULE 'A- 76' TO THE
ZONING BY-LAW NO_ 2006,190
DAY OF
COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by 181 Group February 2007
l'li<n:,~2ODI
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SCHEDULE 'A-77'
Lot3, Concession 9,
Municipality of Kincardine(geographic Township of Bruce)
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17,1;;.;;.>;/1 LANDS TO BE ZONED 'A- 105-H, RURAL SPECIAL HOLDING'
THIS IS SCHEDULE 'A-n' TO THE
ZONING BY-LAW NO, 2006-190
DAY OF
COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by IBI Group February 2007
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