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HomeMy WebLinkAbout06 153 Zon Enb pt lt 5, con 14 Repealed e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE NUT APPkDVED I2..E: CNTAR.IC hUN ILl ?'ALbOl-"Jl<-O DECblON JOfl-OEe tlC. C31't \'E:i':.'i)EO t-Efb, (.,J ;;;,00+ tJ.1Er JGEG,'FliI'~ Iff BYLAW NO dOCi,o- \~l:;;; DATEn H' h ;:;);:), ::-lC'I5=t BY-LAW No. 2006 - 153 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE 379650 Ontario Limited c/o Enbridge Ontario Wind Power LP, Part Lot 5, 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; 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 'M2 - Extractive Industrial' to 'M2-b-H - Extractive Industrial Special Holding' the zoning designation of those lands described as Part Lot 5, Concession 14, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-3'. 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 26,3 thereof: 26.3.2 Notwithstanding their 'M2' zoning designation, those lands delineated as 'M2-b-H' on Schedule 'A' to this By-law may be used for 'Extractive Industrial' purposes in compliance with the 'M2' zone 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 (WGS) shall also be permitted; iL For the purposes of this By-law the following Definitions shall apply: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE . BY-LAW No. 2006 - 153 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE 379650 Ontario Limited clo Enbridge Ontario Wind Power LP, Part Lot 5, 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; 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 "M2 - Extractive Industrial' to 'M2-b-H - Extractive Industrial Special Holding' the zoning designation of those lands described as Part Lot 5, Concession 14, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-3'. . 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 26.3 thereof: 26.3.2 Notwithstanding their 'M2' zoning designation, those lands delineated as 'M2-b-H' on Schedule 'A' to this By-law may be used for 'Extractive Industrial' purposes in compliance with the 'M2' zone provisions contained in this By-law, excepting however, that: i. A 'Commercial Wind Generation System (CWGS)' consisting of no more than one (1) 'Wind Generating System (WGS) shall also be permitted; ii. For the purposes of this By-law the following Definitions shall apply: . A Page 2 Amendment to Zoning By-law 2003-25 pt Lt 5, Con 14 By-law No. 2006 - 153 . 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 highway 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, 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: . Page 3 Amendment to Zoning By-law 2003-25 pt Lt 5, Con 14 By-law No. 2006 - 153 . 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 (1 O) 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. 1. A copy of the Environmental Screening 'Statement of Completion' has been deposited with the Municipality of Kincardine. . Page 4 Amendment to Zoning By-law 2003-25 pt Lt 5, Con 14 By-law No. 2006 - 153 . 3. 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. 4. This By-law may be cited as the "Amendment to Comprehensive Zoning By-law 2003-25 (former Bruce) (Part Lot 5, 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. . ~t<~ , Mayor ~~~ Cle . . . . . . SCHEDULE 'A-3' Part Lot 5, Concession 14, Municipality of Kincardine(geographic Township of Bruce) .,'.....,". .I!JJ::) '(!lc' ~.~~ '<'1~~, , "~J<o~ .' " ~/~ f. ...., ,'" '\.., f :, .< [''''''~It ';':j ~ /J / J / /' /// / / / / <> /; / // ..' :/' .// / .,// /</.' /~ ~~/;; .~/;/ /'/:>.//</ /// // / ,// // / //~ / :// L:,/; . ,- ! .",<>!l ..,., ~ ~ " ::I: x (j) ::I: :; ~ X I\) X ..... ~.^ ",,'~"::,;i/, '~.. ! ~ 1( ,; .~~'.:" , ;. " ,~ \..$ -' I<. -.L """'" tf; /f~ I<~~~ /;/ia /~ ~ ..... """IIi t o ..... D ~' ~ 0 ~ IOO~T~S , [ J SUBJECT PROPERTY V/// /0:1 LANDS TO BE ZONED 'M2-b-H, EXTRACTIVE INDUSTRIAL SPECIAL HOLDING ~ LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION' ~ LANDS TO REMAIN ZONED 'M2, EXTRACTIVE INDUSTRIAL' W // /1 LANDS TO REMAIN ZONED 'A2, RESTRICTED AGRICULTURE' THIS IS SCHEDULE 'A-3' TO THE COMPREHENSIVE ZONING BY-LAW NO. 2006 - 153 PASSED THIS MA~~hR DW ~7:.' ,no. CLERK ~ inaP ~rY.OD Fll.E: Z -40-01.21 APPIJCANT: 37HSO 0ntariD UmIted c/o EnbriIIge Onlotlo Wind '"- L.P ~TE, ~ 2001 . ISSUE DATE: Feb. 6,2007 DECISION/ORDER NO: 0317 PL060986 ~~ Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Appellants: Subject: Municipaiity: 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, R.S.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 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. 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, R.S.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, R.S.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: Municipaiity: 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: OMB Case No. OMS 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) of the 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, R.S.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, R.S.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, R.S.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, R.S.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, R.S.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 Pianning 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, RS.O. 1990, c. P. 13, as amended . Appellant: Subject: Municipality: OMS Case No. OMS 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, RS.O. 1990, c. P. 13, as amended Appellant: Subject: Municipality: OMS Case No. OMS 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, RS.O. 1990, c. P. 13, as amended Appellant: Subject: Municipality: OMB Case No. OMS 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, RS.O. 1990, c. P. 13, as amended Appellant: Subject: Municipality: OMS Case No. OMS File No. Margaret Travis By-law No. 2006-251 Municipality of Kincardine PL060986 R060283 APPEARANCES: Parties Counsel*/Aqent . Municipality of Kincardine s. O'Melia* Enbridge Ontario Wind Power Inc. J. Pepino* and P. Harrington* Kathy McCarrel M. Hutchison . . . - 9 - 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, R.R. # 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, R.R # 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, RR # 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, RR # 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; - 10- PL060986 (vi) Kenneth Howe, R.R # 3, Tiverton, NOG 2TO, regarding By-law 2006- 228; . (vii) Murray Howe, RR # 3, Tiverton, NOG 2TO, regarding By-law 2006-200; (viii) James Hutton, RR # 3, Tiverton, NOG 2TO, regarding By-law 2006-237; (ix) . Patti Hutton, RR # 3, Tiverton, NOG 2TO, regarding By-law 2006-223; (x) Wallace Lamont, RR # 3, Tiverton, NOG 2TO, regarding By-law 2006- 238; , (xi) Kathy McCarrel, RR # 1, Port Elgin, NOH 2C5, regarding By-law 2006- 193; (xii) Doug McEwing and Hein Walma, RR # 5, Paisley, NOG 2NO, regarding . By-law 2006-156; (xiii) Darnell Myers, RR # 3, Tiverton, NOG 2TO, regarding By-law 2006-201; (xiv) Jane Pether, 1522 Concession 12, RR. # 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, RR # 2, Tiverton, NOG 2TO, regarding By-laws 2006- 245,2006-246 and 2006-247; (xvii) Wayne Schwandt, RR # 3, Tiverton, NOG 2TO, regarding By-law 2006- 239; (xviii) Coenraad Smit, RR # 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, RR # 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 (iii) Carol Clark, R.R # 1, Port Elgin, .NOH 2C5. '~""'_'r~,,"_"."._,..,,_<,;<..,_ "V":r - ---..,..,....~......,~,~.._.-- "",flj, , u~ ........... '"'.'1.1' ' ;r\;~w,~ 5. The Procedural Order shall be filed byJy1s p'epino with the Board no later than February 6,2007. If there is a~ difficulty encountered, 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, (tfMt. not Smd~.~ It is so ordered. "S.J. Stefanko" S.J. STEFANKO MEMBER . . Agenda FlIe No. D03. -" ';df~~ vI,~VttfA. rit'.., Z-w:"lf A;,.....I~ OM8- CouncI 0 Consent 0 Direction Cooled Other. CliO 0 0 Clerk 1:3 0 Treasury 0 0 I Public Works 0 0 ! PlanninglBuilding 0 [1 \ Recreation 0 0 i 1 Emergency SeNlee,. 0 0 l~ police Services 0 0 TourismlEc. Oev. 0 0 RECEIVED fIB - 91JlJ1. Other: _ 0 0 -~ Scanner: .