HomeMy WebLinkAbout06 217 Zon Enb lt 10, con 7
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 217
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
Tony Lang Farms Ltd. clo Enbridge Ontario Wind Power LP,
Part Lot 10, Concession 7, 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-a - General Agriculture Special'
to 'A1-cj-H - General Agriculture Special Holding' the zoning designation
of those lands described as Part Lot 10, Concession 7, Municipality of
Kincardine (geographic Township of Bruce) which are outlined on the
attached Schedule 'A-130'.
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:
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Page 2
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 10, Con 7,
By-law No. 2006 - 217
9.3.81
Notwithstanding their 'A 1-a' zoning designation, those lands
delineated as 'A1-cj-H' on Schedule 'A' to this By-law may be used
for 'Farm Lot' purposes in compliance with the 'A1-a' 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 Systems (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/ReQulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Note 1
'CWGS' Minimum Setback to lands within 700 metres (2296.6 feet)
a 'Settlement Area' Nole 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 hiQhwav from the right-of-way line
'WGS' Minimum Setback to: Front Yard or 'Total WGS Height' minus 10 metres
Exterior Side Yard (33 ft.)
Maximum 'Total WGS Heiaht' 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 10, Con 7,
By-law No. 2006 - 217
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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:
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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:
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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.
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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.
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Page 4
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 10, Con 7,
By-law No. 2006 - 217
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-128-H - Rural Special Holding'
the zoning designation of those lands described as Part Lot 10,
Concession 7, Municipality of Kincardine (geographic Township of Bruce)
which are outlined on the attached Schedule 'A-131'.
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:
5.82 Notwithstanding their "A' zoning designation, those lands delineated
as 'A-128-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 one (1) 'Wind Generating Systems (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.
III. 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 10, Con 7,
By-law No. 2006 - 217
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Feature Provision/ReQulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Note 1
'CWGS' Minimum Setback to lands within 700 metres (2296.6 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 'Total 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:
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
.
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.
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Page 6
Amendment to Zoning By-law 76-13 and 2003-25 pt Lt 10, Con 7,
By-law No. 2006 - 217
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 10, Con 7, Municipality of Kincardine [geographic Township of
Bruce]) By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 6lh day
of September 2006.
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SCHEDULE 'A-1311
Part Lot 10, Concession 7,
Municipality of Kincardine(geographic Township of Bruce)
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50 0 50 100 METRES
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SUBJECT PROPERTY
LANDS TO BE ZONED 'A-128-H, RURAL SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'H, HAZARD LAND'
THIS IS
ZONING
6th
SCHEDULE 'A-131' TO THE COMPREHENSIVE
BY-LAW NO. 2006 - 217 PASSED THIS
DAY 0 F SEPTEKBER, 2006
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MAYOR
CLERK
FILE: 2-107-08.2&
~TE:Septembet 200e
N'PlJCANT: Tony I.on9 F...... Ltd. c/o EIllltIdQe Ontor., Wind "- LP
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SCHEDULE 'A-130'
Part Lot 10, Concession 7,
Municipality of Kincardine(geographic Township of Bruce)
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SUBJECT PROPERTY
LANDS TO BE ZONED 'A1-cj-H, GENERAL AGRICULTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS
ZONING
6th
SCHEDULE 'A-130' TO THE COMPREHENSIVE
BY-LAW NO. 2006 - 217 PASSED THIS
DAY OF SEPTEMBER, 2006
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MAYOR
CLERK
FILE: Z-107-0&.28
APPLlCANT: Tony lon9 F'o...... Lid. c/o EnbriclQe Ontorio W"1ftCl ~ LP
04TE:~ 200lI