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Home My WebLink About06 189 Zon Enb lt 1 con 9 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . BY-LAW No. 2006 - 189 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 John & Norma Kumpel8 do EnbrJdge Ontario Wind Power LP, Part Lot 1, Concession 9, Municipality of Ktncardlne (geographic Township of Bruce) . WHEREAS Section 34 ollhe 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 Comprehensive Zoning By-law 2003-25, a zoning by-law enacted under Section 34 of the saki 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 enacled 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 Council of the Corporation of lhe Municipality of Kincardine desires to amend By-law 76~ 13; NOW THEREFORE the Council of the Corporation 01 the Municipality of Kincardine ENACTS as foDows: 1. Schedule 'A' 10 By~law No. 2003-25 as amended, is hereby further amendeCl by changing thereon from 'A 1-3 - General Agriculture Special' to 'A 1.bk-H _ General Agriculture Special Holding' 'he zoning designation of those lands described as Part Lot 1. Concession 9, MUflicipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-74'. 2. By~law No. 2003-25, as amended, being the Comprehensive Zoning By- law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 9.3 thereof: 9.3.56 Notwithstanding their 'A14 zaning designation. 'hose lands delineated as 'A1-bk.H' an Schedule 'A' to this By-law may be used for 'Farm Lot' porposes in compliance with the 'A1~a' zone pro"islons contained In UlIS By.law, excepting however, that: ;. A 'Commerclal Wind Generation System (CWGS)' consisting of no more than one (1) 'Wind Generating System (WGS)' shall also be permitteeS: the WGS #68- shall be located within +/. 5 metres of VTM Datum Zone t7 460903 E and 4909078 N. . ii. For the purptJses of this By.law the following Definitions shall apply: COMMERCIAL WIND GENERATION SYSTEM CCWGSI: means one or more Wind Generating Systems (WGS), thai singly or collectively produce more than a lotal of 40 kilowatts (kW) based on 'nameplate rating capacity" and are wnned:ed 10 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 ProvisionJRe;;ulalion 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' Note 1 'CWGS' Minimum Setback to lands 700 metres (2296.6 feet) within a 'settlement Area' Nole 2 'WGS' Minimum Setback to: Residential 1.10 times 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 Provincial road or Hiahwav the rioht-ot-wav line 'WGS' Minimum Setback to: Front Yard 'T~:il WGS Height' minus 10 metres (33 or Exterior Side Yard feet Maximum 'Total WGS Heioht' 121.0 metres 397 feet' 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 shalt be oermitted. Note 1. A 'Rural Residential Clus1er' 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 tlrban 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 10, UndelWood. 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 regis1ered owner as that of the lands to which approval for a 'WGS' applies; or b. 1he abutting landowner has also signed both an option agreement and has a leaseleasement agreemen1 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-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 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 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 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 mjn~mum 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-104-H - Rural Special Holding'1he zoning designation of those laods described as Part Lot 1. Concession 9, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-75'. 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 thereot 5.58 Notwithstanding 1heir 'A' zoning designation, those lands delineated as 'A-104~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 #68 shall be located within +1- 5 metres of UTM Datum Zone 17 460903 E and 4909078 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), thai 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. Hi. For the purposes of this By~!aw the following Provisions and Notes 1, 2 and 3 shall apply: Feature ProvislonJR80ulation 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' Note 1 'CWGS' Minimum Setback to lands 700 metres (2296.6Ieet) within a 'Settlement Area' Nolv 2 WGS' Minimum Setback to: Residential 1.10 times the 'TotaIWGS 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 'Totai WGS HeighI' from Provincial road Of Hiahwa\l the rioht-ot-wav line WGS' Minimum Setback 10: Front Yard 'T~~~I WGS Height' minus 10 metres (33 or Exterior Side Yard teet Maximum 'Total WGS Heiaht' 121.0 metres 1397 feet Signs/Advertisingllogos 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 heclares (2 acres) in area, Ihat 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 Pfan 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 lurbine whichever is greater. iv. The 'WGS' Minimum Setback to an 'In~erior 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 selbact 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-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 10 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 regislered as per Section 41(10) of the Planning Act, RS.O. 1990 as amended. c. A UStage 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. l 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. f. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipalfty 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 effed from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act. R.SO. 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 (fonner Bruce) {Part lot 1, Con 9, Municrpality of Kincardine [geographic Township of Brucell By_law.N APPROVED BY Ontario Municipal Board Decision/Order No. 1989, dated July 16.2007. READ a fiRST, SECONO and THIRD time and fiNAllY PASSED this day of 2007. Clerk Mayor Munici alit '- '-- 7 / / / / / I I I / / ; I / / / <! J COtV 9 , , ; , ", ", '. '> t , , , i , ; ~ It !IO 1001ll:'IU . . / ; / / SUBJECT PROPERTY -+- TURBINE "OCA nON "ANDS TO BE ZONED 'Al-bk-H, GENERA" AGRICULTURE SPECIAL HOLDING' LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTK)N' THIS IS SCHEDULE 'A- 74' TO THE COMPREHENSIVE ZONING BY-LAW NO, 2006-189 PASSED THIS DAY OF MAYOR CLERK ~ l_n_~D ~_",,,,,___,'.~lW___LI' Prepared by 181 Group February 2007 1>olt:~)DOI J OOtV 9 , ) ". '- '", SUBJECT PROPERTY 7 / / / / I / / / / / / <.' t ; , , i i ! / w 0 ~ IDDO![IRt$ , / I ; / .. TURBINE tOGA TION LANDS TO Be. ZONED 'A-104-H. RURAL SPECIAL HOLDING' LANDS TO REMAIN ZONED 'H, HAZARD' THIS IS SCHEDULE 'A-75' TO THE ZONING BY-LAW NO_ 2006-189 DA'1 OF COMPREHENSIVE PASSED THIS MAYOR CLERK I'd; ,_l't_oe.it ~:_._--.I.~~~-"""" Prepared by 181 Group February 2007 o.tt:~;lllOt