HomeMy WebLinkAbout06 152 Zon Enb lt 4, con 14 Repealed
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BYLAW NO. C:T'f,)(() - ic-'1;)
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BY-LAW
No. 2006 -152
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
379650 Ontario Limited c/o Enbridge Ontario Wind Power LP,
Part Lot 4, Concession 14, Municipality of Kincardine (geographic
Township of Bruce)
WHEREAS Section 34 of the 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 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 Council 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-dw-H
- General Agriculture Special Holding' the zoning designation of those
lands described as Part Lot 4, Concession 14, Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the attached
Schedule 'A-1'.
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:
.
.
.
.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 152
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
379650 Ontario Limited clo Enbridge Ontario Wind Power LP,
Part Lot 4, Concession 14, Municipality of Kincardine (geographic
Township of Bruce)
WHEREAS Section 34 of the 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 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 Council 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 'A 1 - General Agriculture' to 'A 1-dw-H
- General Agriculture Special Holding' the zoning designation of those
lands described as Part Lot 4, Concession 14, Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the attached
Schedule 'A-1'.
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:
Page 2
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 4, Con 14
By-law No. 2006 - 152
.
9.3.120 Notwithstanding their 'A l' zoning designation, those lands
delineated as 'A 1-dw-H' on Schedule 'A' to this By-law may be
used for 'Farm Lot' purposes in compliance with the 'A l' zone
provisions 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 permitted;
.
ii. For the purposes of this By-law the following Definitions shall
apply:
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 Provision/Regulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Note 1
'CWGS' Minimum Setback to lands within 600 metres (1968.5 feet)
a 'Settlement Area' Note 2
'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' NOte
uses or structures designed for human 3
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback to: County or 1.25 times the 'Total WGS Height'
Provincial road or hiQhway from the right-of-way line
'WGS' Minimum Setback to: Front Yard or 'T otal WGS Height' minus 10 metres
Exterior Side Yard (33 ft.)
Maximum 'Total WGS Height' 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 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 limited to, Underwood,
Page 3
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 4, Con 14
By-law No. 2006 - 152
.
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 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 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
RSO 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.
.
.
.
.
Page 4
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 4, Con 14
By-law No. 2006 -152
f. A copy of the Environmental Screening 'Statement of
Completion' has been deposited with the Municipality of
Kincardine.
3. Schedule 'A' to By-law No. 76-13 as amended, is hereby further amended
by changing thereon from 'A - Rural' to 'A-162-H - Rural Special Holding'
the zoning designation of those lands described as Part Lot 4, Concession
14, Municipality of Kincardine (geographic Township of Bruce) which are
outlined on the attached Schedule 'A-2'.
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:
5.116 Notwithstanding their 'A' zoning designation, those lands delineated
as 'A-162-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:
L A 'Commercial Wind Generation System (CWGS)' consisting
of no more than two (2) 'Wind Generating System (WGS)
_ shall also be permitted;
iL For the purposes of this By-law the following Definitions shall
apply:
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.
iiL For the purposes of this By-law the following Provisions and
Notes 1, 2 and 3 shall apply:
Page 5
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 4, Con 14
By-law No. 2006 - 152
.
.
Feature Provision/Regulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Note 1
'CWGS' Minimum Setback to lands within 600 metres (1968.5 feet)
a 'Settlement Area' Note 2
'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' Nole
uses or structures designed for human 3
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback to: County or 1.25 times the 'Total WGS Height'
Provincial road or highway from the riQht-of~way line
'WGS' Minimum Setback to: Front Yard or 'Total WGS Height' minus 10 metres
Exterior Side Yard (33 ft.)
Maximum 'Total WGS HeiQht' 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 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 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 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
.
.
.
.
Page 6
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 4, Con 14
By-law No. 2006 - 152
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
RSO 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.
f. A copy of the Environmental Screening 'Statement of
Completion' has been deposited with the Municipality of
Kincardine.
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.
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 4, Con 14, Municipality of Kincardine [geographic Township of
Bruce]) By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 6th day
of September 2006.
6.
~.A
.-
Mayor
~O"N"IQ
.
.
.
.
SCHEDULE 'A-1'
Part Lot 4, Concession 14,
Municipality of Kincardine(geographic Township of Bruce)
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SUBJECT PROPERTY
LANDS TO BE ZONED 'A1-dw-H, GENERAL AGRICULTURE SPECIAL HOLDING
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
LANDS TO REMAIN ZONED 'M2, EXTRACTIVE INDUSTRIAL'
LANDS TO REMAIN ZONED 'A2 RESTRICTED AGRICULTURE'
THIS IS SCHEDULE 'A-1' TO THE
ZONING BY-LAW NO. 2006 1')2
6th DAY 0 F SEPTEMBER, 2006
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COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
FILE: Z-Jll-OS.211
/IPPUCJINr: 379<<10 Ontario L/tnIled e/IJ EnbrlcIg. OnllJriIJ Wind '"- LP DATE: September 2001I
.
.
.
.
SCHEDULE 'A-2'
Part Lot 4, Concession 14,
Municipality of Kincardine(geographic Township of Bruce}
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100 METRES
SUBJECT PROPERTY
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LANDS TO BE ZONED 'A-162-H, RURAL SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'IE, INDUSTRIAL EXTRACTIVE'
LANDS TO REMAIN ZONED 'H, HAZARD LAND'
THIS IS SCHEDULE 'A-2' TO THE
ZONING BY-LAW NO. 2006 - 152
6th DAY OF SEPTEMBER, 2006
~.,~
<8(.~ ~~aJ!e
MAYOR
CLERK
COM PREH ENSIVE
PASSED THIS
F'lLE: Z-Je-0lS.211
APPI.JCAHT: 379l1SO Ontorio Limited c/o EnbticIge Ontario Wind ~ LP DATE: September 200lI
.
ISSUE DATE:
Feb. 6,2007
DECISION/ORDER NO:
0317
PL060986
~r-
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellants:
Subject:
Municipality:
OMB Case No.
OMB File No.
Barry Schell, Lori Pearson, George
Langford, Woodrow Shell, Henry
(Harry) Ruetz
By-law No. 2006-152
Municipality of Kincardine
PL060986
R060243
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
.
Subject:
Municipality:
OMB Case No.
OMB File No.
Diane Pierce, Gary & Sandy Doran,
Don & Sheila Snyder, Sharon &
Ron Schell
By-law No. 2006-153
Municipality of Kincardine
PL060986
R060244
IN THEMATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Doug McEwing & Hein Walma
By-law No. 2006-156
Municipality of Kincardine
PL060986
R060245
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
.
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
William Palmer
By-law No: 2006-157
Municipality of Kincardine
PL060986
R060246
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Jane Pether
By-law No. 2006-159
Municipality of Kincardine
PL060986
R060247
- 2-
PL060986
.
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Victoria Starkey
By-law No. 2006-160
Municipality of Kincardine
PL060986
R060286
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
John Thompson
By-law No. 2006-168
Municipality of Kincardine
PL060986
R060248
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
.
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Coenraad Smit
By-law No. 2006-169
Municipality of Kincardine
PL060986
R060249
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Paul & Sherry Herrington
By-law No. 2006-170
Municipality of Kincardine
PL060986
R060250
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
.
Anthony Clark
By-law No. 2006-173
Municipality of Kincardine
PL060986
R060251
.
.
.
- 3 -
PL060986
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Anthony Clark
By-law No. 2006-174
Municipality of Kincardine
PL060986
R060252
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.:
John Thompson
By-law No. 2006-175
Municipality of Kincardine
PL060986
R060253
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
William Stark
By-law No. 2006-176
Municipality of Kincardine
PL060986
R060254
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Paul & Sherry Herrington
By-law No. 2006-177
Municipality of Kincardine
PL060986
R060255
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Paul & Sherry Herrington
By-law No. 2006-178
Municipality of Kincardine
PL060986
R060256
-4-
PL060986
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended .
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Paul & Sherry Herrington
By-law No. 2006-179
Municipality of Kincardine
PL060986
R060257
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.:
Gordon & Margaret Gledhill
By-law No. 2006-180
Municipality of Kincardine
PL060986
R060258
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
David Wilson
By-law No. 2006-187
Municipality of Kincardine
PL060986
R060259
.
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
David Walsh
By-law No. 2006-189
Municipality of Kincardine
PL060986
R060260
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMS Case No.
OMB File No.
Chris & Paul Wright
By-law No. 2006-190
Municipality of Kincardine
PL060986
R060261
.
- 5-
PL060986
. IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Subject:
Municipality:
OMS Case No.
OMS File No.
Gordon Brown
By-law No. 2006-191
Municipality of Kincardine
PL060986
R060262
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMS Case No.
OMS File No.
Kathy McCarrel, William Palmer &
John Thompson
By-law No. 2006-193
Municipality of Kincardine
PL060986
R060263
. IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
.
Appellant:
Subject:
Municipality:
OMS Case No.
OMS File No.
Anthony Clark
By-law No. 2006-196
Municipality of Kincardine
PL060986
R060264
IN THE MATTER OF subsection 34(19) ofthe Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMS Case No.
OMS File No.
Murray Howe
By-law No. 2006-200
Municipality of Kincardine
PL060986
R060266
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMS Case No.
OMS File No.
Darnell Myers
By-law No. 2006-201
Municipality of Kincardine
PL060986
R060267
- 6-
PL060986
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended .
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Darryl Riggin
By-law No. 2006-211
Municipality of Kincardine
PL060986
R060269
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
William Palmer
By-law No. 2006-216
Municipality of Kincardine
PL060986
R060270
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
.
Patti Hutton
By-law No. 2006-223
Municipality of Kincardine
PL060986
R060271
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Kenneth Howe
By-law No. 2006-228
Municipality of Kincardine
PL060986
R060272
IN THE MATTER OF subsection 34(19) of the Planning Act, RS.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Dave Haskins
By-law No. 2006-236
Municipality of Kincardine
PL060986
R060273
.
- 7-
PL060986
. IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
.
.
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
James Hutton
By-law No. 2006-237
Municipality of Kincardine
PL060986
R060274
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Wallace Lamont
By-law No. 2006-238
Municipality of Kincardine
PL060986
R060275
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Wayne Schwandt
By-law No. 2006-239
Municipality of Kincardine
PL060986
R060276
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
John Bosch
By-law No. 2006-241
Municipality of Kincardine
PL060986
R060277
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Lorna Schwandt
By-law No. 2006-245
Municipality of Kincardine
PL060986
R060278
IN THE MA TIER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Lorna Schwandt
By-law No. 2006-246
Municipality of Kincardine
PL060986
R060279
- 8-
PL060986
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended .
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Lorna Schwandt
By-law No. 2006-247
Municipality of Kincardine
PL060986
R060280
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Margaret Travis
By-law No. 2006-249
Municipality of Kincardine
PL060986
R060281
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Margaret Travis
By-law No. 2006-250
Municipality of Kincardine
PL060986
R060282
.
IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Subject:
Municipality:
OMB Case No.
OMB File No.
Margaret Travis
By-law No. 2006-251
Municipality of Kincardine
PL060986
R060283
APPEARANCES:
Parties
Counsel*/Aaent
.
Municipality of Kincardine
S. O'Melia*
Enbridge Ontario Wind Power Inc.
J. Pepino* and
P. Harrington*
Kathy McCarrel
M. Hutchison
.
.
.
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PL060986
MEMORANDUM OF ORAL DECISION DELIVERED BY S.J. STEFANKO ON
JANUARY 25. 2007 AND ORDER OF THE BOARD
At this prehearing a number of matters were discussed including the provisions
of the Procedural Order, representation for the various appellants and the time and
duration of the hearing. Based on these discussions and the submissions made, I direct
as follows:
1. The hearing shall begin at 11 :00 a.m. on April 23, 2007 at the Municipal
Building, 1475 Concession 5, Kincardine and shall be scheduled for eight (8)
consecutive weeks.
2. The following parties will be representing themselves at the hearing:
(i)
Anthony Clark, RR # 1, Port Elgin, NOH 2C5, regarding By-laws 2006-
173,2006-174 and 2006-196;
(ii) William Palmer, Tri-Lea-Em, RR # 5, Paisley, NOG 2NO, regarding By-
laws 2006-157,2006-193 and 2006-216; and
(Hi) John Thompson, 1605 Concession 10, RR # 1, Port Elgin, NOH 2C5,
regarding By-laws 2006-168, 2006-175 and 2006-193.
3. The following parties will be represented by Ms Hutchison:
(i) John Bosch, 2788 Bruce Road 20, Tiverton, NOG 2TO, regarding By-law
2006-241 ;
(Ii) Gordon Brown, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-
191 ;
. (Hi)
Gordon and Margaret Gledhill, RR # 4, Paisley, NOG 2NO, regarding
By-law 2006-180;
(iv) Dave Haskins, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-236;
(v) Paul and Sherry Harrington, 4174 Concession 12, Port Elgin, NOH 2C5
regarding By-laws 2006-170, 2006-177, 2006-178 and 2006-179;
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PL060986
(vi)
Kenneth Howe, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-
228;
.
(vii) Murray Howe, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-200;
(viii) James Hutton, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-237;
(ix) Patti Hutton, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-223;
(x) Wallace Lamont, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-
238;
(xi) Kathy McCarrel, R.R. # 1, Port Elgin, NOH 2C5, regarding By-law 2006-
193;
(xii) Doug McEwing and Hein Walma, R.R. # 5, Paisley, NOG 2NO, regarding .
By-law 2006-156;
(xiii) Darnell Myers, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-201;
(xiv) Jane Pether, 1522 Concession 12, R.R. # 1, Port Elgin, NOH 2C5,
regarding By-law 2006-159;
(xv) Darryl Riggin, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-211;
(xvi) Lorna Schwandt, R.R. # 2, Tiverton, NOG 2TO, regarding By-laws 2006-
245, 2006-246 and 2006-247;
(xvii) Wayne Schwandt, R.R. # 3, Tiverton, NOG 2TO, regarding By-law 2006-
239;
(xviii) Coenraad Smit, R.R. # 1, Port Elgin, NOH 2C5, regarding By-law 2006- .
169;
(xix) William Stark, 485 Crosby Avenue, Burlington, L7R 2R6, regarding By-
law 2006-176;
(xx) Victoria Starkey, 1522 Concession 12, R.R. # 1, Port Elgin, NOH 2C5,
regarding By-law 2006-160;
.
.
.
- 11 -
PL060986
(xxi) Margaret Travis, R.R # 2, Tiverton, NOG 2TO, regarding By-laws 2006-
249, 2006-250 and 2006-251 ;
(xxii) David Walsh, RR # 1, Port Elgin, NOH 2C5, regarding By-law 2006-189;
(xxiii) David Wilson, R.R # 1, Port Elgin, NOH 2C5, regarding By-law 2006-
187; and
(xxiv) Christine and Paul Wright, 1339 Concession 8, RR. # 3, Tiverton, NOG
2TO, regarding By-law 2006-190.
4. The following individuals requested and were granted participant status in this
matter:
(i)
John Shepherd, 21 Inverlyn Crescent South, Kincardine, N2Z 1 L3;
(ii)
Andrew Robinson, RR. # 2, Tiverton, NOG 2TO, Bruce County Road 23,
Fire Number 909; and
'~.-.,.,.._.,,~ '~-'~"'-'-"
'--
..., ~.-^ ,..-......-.-...
~( .~MA~ ~;f '
J1~~
(iii)
Carol Clark, R.R # 1, Port Elgin, .NOH 2G5.
ir\J~W,-':~'
5. The Procedural Order shall be filed bY.Jvls Pepino with the Board no later than
February 6, 2007. If there is any difficulty el1countered, I may be spoken to and
a telephone conference call in that-regard shall be arranged.
I was also advised by Ms Pepino that, on consent, By-laws 2006-152 and 2006-
153 are not proceeding. Accordingly, the appeals in relation to such By-laws are
allowed and the By-laws themselves are not approved.
. ~ .
Subject to item number 5 above, ftiilh not s_d~~
It is so ordered.
"S.J. Stefanko"
S.J. STEFANKO
MEMBER
,
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Agenda ComcI CI FIle No. j)03. b''',;d1~~
Consent 0 W' -- z.'
l~ "-<11'"" Vlo":tj
Direction Cooied Other: .14 p ,.~~ I~ oMB
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CAO 0 0
Clerk t'f 0
Treasury 0 0
I Public Works 0 0
\ Planning/Building 0 Q'
I 0 0
: Recreation
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! Emergency Sef\lil;es Scanner:
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\ Police Sef\lices 0 0
T ourismlEc. De~. 0 0 RE.CEIVED ffa -91At
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