HomeMy WebLinkAbout06 249 Zon En pt lt 7&9 lt8 co4
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
m
.
BY-LAW
No. 200& - Z49
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
.
Thomas Ruppel clo Enbridge Ontario Wind Power LP.
Part Lot 7. Lot 8 & Part Lot 9. Conce&sion .... MunlcipaUty -Of Kincardine
'geographic Township of Brute)
WHEREAS Section 34 of Ihe Planning Act, R.S.D 1990. Chapler 13 aulhorizes the
Counclls of Municipalities to enact and amend zoning by-taws which comply with
an approved oflicial plan;
AND WHEREAS the Council of \he COrporation of the Municipality of Kinca_e
has enacted Comprehensive Zoning By-law 2003-25. it 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 lhe Township of Brute has
enacted Comprehensive Zoning By-law 76-13. a zoning by-Jaw enacted urnter
SacUon 34 of the said Planning Act;
AND WHEREAS \he Corporation of the Township of Bruce has restructured to
now be a part of the CorpGratlon 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 Agrtculture' to 'A1-dn-H
_ General Agriculture Special Holding' the zoning designation of those
lands described as Part lot 7. lot 8 & Part Lot 9, Concession 4.
Municipallly of Kincardine (geographic Township of Bruce) which are
oulllned on the attached Schedule 'A-194'.
2. By-law No. 2003-25, as amended, being tile Comprehensive Zoning By-
law for the Municipa6ty of Kincardine, is hereby further amended by adding
the following paragraph to subsection 9.3 thereof:
9.3.111 Notwithstanding their 'Ai' zoning destgnation, those lands
delineated as 'A1..on-H' on Schedule 'A' to thl5 By-law may be used
for 'farm Lor purposes tn compliance with the 'A1' z:one provlsipos
contained in this l3y-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; \he WGS '5 shall
be located within +1- 5 melres of UTM Datum Zone 17
460817 E and 4903416 N; and lhe WGS 116 shall be
located within +1- 5 metres of UTM Datum Zone 17
461229 E and 4903166 N.
.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM ICWGSj: means
one or more Wind Generating Systems (WGS). that singly Of
wlleclively produce more than a total of 40 kilowatls (kW) based
on 'nameplate rating capacity' and are connected to the provincial
transmission grid.
WIND GENERATION SYSTEM IWGSI: 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/Reaulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Nllte'
'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 Height' "
uses or structures designed for human
habitation on the same lot as a 'WGS'
'WGS' MinilTl\lm Selback 10: County or 1.25 times the 'Total WGS Height' from
Provincial road or Hinhwav the riaht-ot-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard teeO
Maximum 'Total WGS Heinht' 121.0 metres 1397 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 tess 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, UndelWood, lnverhuron.
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' shalt be no less than '1.0 times the Total WGS
He.lght [1.0 x Total WGS Height]' excepting however the
setback may be reduced to 0 metres (0 teet) provided that
a. the abutting landowner is the same registered
owner as that ot 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
permitUng the erection of a 'WGS'; or
c. the abutting landowner has also signe<1 both an
option agreement and has a lease/easement agreement
permitting the construction of project infrastructure Le.,
access roads andlor elec1ricity transmission line on the
abutting lands; or
d. the 'Interior Side Yard' or 'Rear Yard' abuts the
Hydro One right-at-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 SeNices
Plan' tor dealing with Extreme Weather Conditions to
include potential Icing and High Wind situations has been
filed w~h the Municipality of Kincardine by Enbrldge.
b. A 'Sile Plan Agreement' as per Section 41(7)(c)
has been registered as per Section 41(10) of the Planning
Act RS.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 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.
g. A 'Dispute Resolution Prolocol' 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 -Rural' to 'A-153-H - Rural
Special Holding' the zoning designation of those lands described as
Part lot 7, lot 8 & Part lot 9. Concession 4, Municipality of
Kincardine (geographic Township of Bruce) which are outlined on
the attached Schedule 'A-195'.
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:
5.107 Notwithstanding their 'A' zoning designation, those lands
delineated as 'A-153-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-Jaw, excepting however, that:
i. A 'Commercial Wind Generation System (eSGs)'
consisting of no more than two (2) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #5
shall be located within +/- 5 metres of UTM Datum Zone
17 460817 E and 4903416 N; and lhe WGS #6 shall be
located within +/- 5 metres of UTM Datum Zone 17
461229 E and 4903168 N.
ii. For the purposes of this By~law H\e robing Definitions
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 (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 Noles 1 , 2 and 3 shall apply:
Feature Provlslon/Renulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1966.5 feel)
Residential Cluster' Note t
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a 'Settlement Area' N~2
WGS' Minimum Setback to: Residential 1.10 times tile '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 'Total WGS Height' from
Provincial road or Hiahwav the riClht-of-wav line
WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard leetl
Maximum 'Total WGS Heinht' 121.0 metres /397 feetl
Slgns/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 oermltted.
Note 1. A 'Rural Residential Cluster' means four (4) or more residenlial
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 Umited 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 Iease/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 to
include potential Icing and High Wind situations has been
filed with the Municipality of Kincardhle 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 clause
iv) above have been met has been filed with the
Municipality of Kincardine by Enbrldge.
1. A copy of the Environmental Screening 'Statement
of Completion' has been deposited with the Municipality
of Kincardine.
g. A 'Oispute Resolution Protocol' for dealing with
turbine noise complaints within the project area has been
flied wnh the Municipality of Kincardine by Enbridge,
vi. Where one or more zoning regulations applicable 10
a 'WGS' results in a conflict, the most restrictive or
higher regulation shall appfy. 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 to Comprehensive
Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13
(former Bruce) (Part Lot 7, Lol8 & Part Lot 9, Con 4, Municipality of
Kincardine {geographic Township of Bruce}) By-law."
APPROVED BY Ontario Municipal Board Decision/Order No. 1989, dated July
16,2007.
READ a FIRST, SECOND and THIRD lime and FINALLY PASSED this
day of
2007.
Clerk
Mayor
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SUBJECT PROPERTY + TURBINE LOCATION
LANDS TO BE ZONED 'A 1-dn-H, GENERAL AGRICUlTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A-194' TO THE COMPREHENSIVE
ZONING BY-LAW NO. 200.-249 PASSED THIS
DAY OF
MAYOR
CLERK
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SUBJECT PROPERTY + TURBINE lOCATION
LANDS TO BE ZONED 'A-153-H, RURAL SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'H, HAZARD LAND'
THIS IS SCHEDULE 'A-19S' TO THE COMPREHENSIVE
ZONING BY-LAW NO_ 2006-249 PASSED THIS
DAY OF
MAYOR
CLERK