HomeMy WebLinkAbout06 223 Zon En pt lt H< I co 6
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
m
.
BY-LAW
No. 2006 - 223
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 Fanns Ltd. clo EnbrldgB Ontario Wind Power LP,
Part Lots 'Ht & "1'. Concession 6, 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 10 enact and amend zoning by-laws which comply with
an approved official plan;
AND WHEREAS the CouneU ollhe Corporation 01 the Municipality 01 Kinealdine
has enacted Comprehenshm Zoning By-law 2003-25. a loning by.iaw enacted
under Section 34 of the said Planning Act;
AND WHEREAS the Council of the Corporation or 1he Municipality of Kincardine
desires to amend By-law 200J..25;
AND WHEREAS Ihe Council of the Corporation of lhe 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 10
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 'A2-a - Restricted Agriculture Special'
to 'A2-v-H - Restricted Agriculture Spe,cial Holding' the zoning designation
of those lands described as Part lots 'H' & 'I', Concession 6, Municipality of
Kincardine (geographic Township of Bruce) which are outlined on the
attached Schedule 'A-142',
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 10.3 thereof:
10.3.20 Notwithstanding their 'A2~a' zoning designation, those
lands delineated as 'A2~v-H' on Schedule 'A' to this By-law may be
used for 'farm Lot' purposes in compliance wilh the 'A2-a' zone
'provisions contained in this By-mw, excepting however,that:
i.
A 'Commercial Wind Generation System (CWGS)'
consisting of no more than three (3) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #24
shall be located within +1- 5 metres of UTM Datum Zone
17 456418 E and 4906725 N; the WGS #25 sllall be
located within +/. 5 metres of UTM Datum Zone 17
458673 E and 4906733 N; and the WGS #26 shall be
located witttin +/~ 5 metres of UTM Datum Zone 11
456691 E and 4906742 N_
.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM ICWGSl: 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 provincal
transmission grid.
WIND GENERATION SYSTEM (WGSI: means any device such
as a wind charger, windmm, 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 ProvlsionlReuulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Nl;II, t
'CWGS' Minimum Setback to lands 700 metres (2296.6 feel)
within a 'Setttement Area' Nola 2
'WGS' Minimum Setback to: Residential 1.10 times the 'TotalWGS Height' "',
uses or structures designed for human
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback to: Counly or 1.25 times the 'Total WGS Height' from
Provincial road or Hiahwav the riehl-ot-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard feen
Maximum 'Total WGS Heklhr 121.0 metres (397 teet\
SignslAdvertisingllogos 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 oermnled.
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 shafe a
common boundary including lots localed 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 10, 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 T.otal 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 wh.ich 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 leaseleasement agreement
permitting the construction of project infrastructure i.e.,
accesS roads and/or electricity transmission line on 1he
abutting lands; or
d. the 'Interior Side Yard' or 'Rear Yarer 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, KS.O. 1990 as amended.
c. A 'Stage 2 Archaeologtcal 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 obligalions 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.
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.
3. Schedule 'A' to By~law No. 76~13 as amended, Is hereby further
amended by changing thereon from 'A~R - Restricted Rural' to 'A-
R-21-H - Restricted Rural Special Holding' the zoning designation
of those lands described as Part Lots 'H' & '1', Concession 6,
Munidpality of Kincardine (geographic Township of Bruce) which
are outlined on the attached Schedule 'A-143'.
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 10.0
thereof:
10.14 Notwithstanding their 'A-R' zoning designation, those lands
delineated as "A-R-21-H' on Schedule 'A' to this By-law may
be used for 'Rural' purposes in compliance with the 'A-R'
zone provisions contained in this By-law, extepting however,
that:
i. A 'Commercial Wind Generation System (eSGs)'
consisting of no more than three (3) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #24
shall be located within +/- 5 me1res of UTM Datum Zone
17 458418 E and 4908725 N; the WGS #25 shall be
located within +1. 5 metres of UTM Da1um Zone 17
458673 E and 4900733 N; and the WGS #26 shall be
located wnhin +/- 5 metres of UTM Datum Zone 17
458891 E and 4906742 N,
ii. F or the purposes of this By-law the following Definilions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM ICWGSI: 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 fWGSI: 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:
Feature Provlsion/Reaulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Nola 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a 'Settlement Area' Nol..2
'WGS' Minimum Setback to: Residential 1.10 times the 'T olal WGS Height' "
uses or structures designed for human
hahitation on the same lot as a WGS'
'WGS' Minimum Setback to: County or 1.25 limes the Total WGS Height' from
Provincial road or HiQhwav the rinht~of-wav line
'WGS' Minimum Setoack to: Front Yard 'T~:~I WGS Height' minus 10 metres (33
or Exterior Side Yard feet
Maximum 'Total WGS Heiaht' 121.0 metres 1397 feetl
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 Dermitted.
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 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 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 'lnteriOf Side Yan1' 01"
'Rear Yard' shall be no less than '1.0 times the Total WGS
Height [1.0 x Total WGS Height)' excepUng however the
setback may be reduced to 0 metres (0 feet) provided thaI:
3. the abutting landowner is the same registered
owner as that of the lands to which approval for a 'WGS'
applies; or
b. (he abutting landowner has also signed both an
option agreement anel 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 efectriclty transmission line on the
abutting lands; or
d. the 'Interior Side Yard' or 'Rear Yard' abuts the
Hydro One right-ofvway 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 'VVind 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) 01100 Planning
Act, R.S.O. 1990 as amended.
c. A KStage 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 'Slatement
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 Dr more zoning regulations applicable to
a WGS' results in a conflict, the mDst 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 10 Comprehensive
Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13
(former Bruce) (Part LDts 'H' & '1', Con 6, Municipality Df Kincardine
(geDgraphic Township of Bruce]) By_law.n
APPROVED BY Ontario Municipal Board Decision/Order No. 1989, dated July
16,2007,
REAO a fiRST. SECOND and THIRO Ume and FINALLY PASSED this
day 01
2007.
Clerk
Mayor
SCHEDULE 'A-142'
Part Lots 'H' & 'I', Concession 6,
Municipality of Kincardine(geographic Township of Bruce)
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SUBJECT PROPERTY ... TURBINE LOCATlON
LANDS TO BE ZONED 'A2-v-H, RESTRICTED AGRICULTURE SPECIAL HOLDING'
Tl-nS IS SCHEDULE 'A-142' TO THE COMPREHENSNE
ZONING BY-LAW NO_ 2000-223 PASSED THIS
DAY OF
MAYOR
CLERK
n..c: 1-11.)-01.1'1 ~: ,_,""",,'_\1".,. t........OoI"_..... tJ'
Prepared by tBI Group February 2007
DIolt:SWI_~
SCHEDULE 'A-143'
Part LoIs 'H' & 'I', Concession 6,
Municipality 01 Kincardine(geographic Township of Bruce)
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SUBJECT PROPERTY ... TURBINE LOCATION
LANDS TO BE ZONED 'A-R-21-H, RESTRICTED RURAL SPECIAL HOLDING'
THIS IS SCHEDULE 'A-143' TO
ZONING BY-LAW NO. 2006-223
DAY OF
THE COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
fJl[: l.nJ~CJI..:M ~ 1..., ~,...... V<I. <:/. ~ ena.. ..... "-" tI'
Prepared by 181 Group February 2007
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