HomeMy WebLinkAbout06 246 Zon Enb pt lt 4 con 4
TIlE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BX::lts~ W
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
Antade Fiilnns Ltd. (Tilman Behrens) c/o Enbrldge Ontario Wind Power LP I
Part Lot 4, Concession 4, Municipality of Kincardine (geographic Township
of Bruce)
.
WHEREAS Section 34 of Ille Planning Act, RS.O 1990, Chapter 13 authorizes the
Councils of Municipalffies to enact and amend zoning by-laws which comply with
an approved official plan:
AND WHEREAS the CouncU of 1he Corporation of Ihe Municipality of Kincardine
has enacted Comprehensive Zonmg: By...taw 2003-25. a zoning by-law enacted
under Section 34 of the said Planning Act
.
AND WHEREAS the Council of the Corporation of the MunicJpalily of Kincardine
desires to amend By~law 2003-25;
AND WHEREAS the Council of the Corporation of the Township of Bruce has
enacted Comprehensive Zonrng By.law 76-13, a zoning by-law enacted under
SecUon 34 of the said Planning Act
AND WHEREAS the Corporalion 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 6y.Jaw 76.13;
NOW THEREFORE the Coundl 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 Agricullure' to 'A1-dk-H
- General Agriculture Special Holding' the zoning designation of those
lands described as Part Lot 4, Concession 4, Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the atlaclled
Schedule 'A-188',
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:
9.3.108 Notwithstanding their 'Al' zoning designation. those lands
delineated as 'Al-dk~H' on Schedule 'A' to this By-law may be used
for 'Farm Lot' purposes In compliance with the 'Al' zone provisions
contained in this By-law, excepting however, thaI:
i.
A 'Commercial Wmd Generation System (CWGS)'
consisting of no mare than one (1) 'Wind Generating
System (WGS)' shall also be permiUed; the WGS #2 shall
be located within +/- 5 melres of UTM Datum Zone 17
459616 E and 4904036 N.
.
ii. For the purposes of this ay~law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM (CWGS): means
one or more WIlld Generating Systems (WGS), thai singly or
collecllvely 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, windmiH, or wind turbine that converts wind
energy to electrical energy.
iii. For the purposes of this By.law the fotlowing Provisions
and Notes 1, 2 and 3 shall apply:
Feature ProvlslonlRoDulatlon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968,5 feet)
Residential Cluster' Note I
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a 'Settlement Area' Not" 2:
WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' NOle;s
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 ri"hl-of-wav line
'WGS' Minimum Setback to: Front Yard 'T ~~~' WGS Height' minus 10 metres {33
or Exterior Side Yard feet
Maximum 'Total WGS Heinht' 121.0 metres (397 feet)
SignsJAdvertisingflogos 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 nPrmitted.
Note 1. A 'Rural Residential Cluster' means four (4) or more residential
lois, each lot be~ng less than 0.6 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 desjgnated in the Kincardine Official Plan or County of Bruce Official
Plan for development such as, but not fimited to, Underwood, 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. rhe 'WGS' Minimum Setback to an 'Intelior Side Yard' or
'Rear Yard' shall be no less than '1.0 times the Total WGS
Height [1.0 x Total WGS Helghtf exceptin9 however the
setback may be reduced to 0 metres (0 feet) provided that
3. 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
a.butting 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
indude potenliallcing and High Wind situations has been
filed with the tkmidpal\ty 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, 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
indude the anticipated obligations of the landowner
andfor 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 depos~ted with the MurnctpaUty
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 turther
amended by changing thereon from 'A -Rural' to 'A-150-H - Rural
Special Holding' the zoning designation of those lands described as
Part lot 4. Concession 4, Municipality of Kincardine (geographic
Township of Bruce) which are outlined on the aUached Schedule
'A-189'.
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:
5.104 Notwithstanding their 'A' zoning designation, those lands
delineated as 'A-150-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:
i. A 'Commercial Wind Generation System (CSGS)'
consisting of no more than one (1) 'Wind Generating
System (WGS)' shail also be permitted: the WGS #2
shall be located within +/- 5 metres of UTM Datum Zone
17 459618 E and 4904038 N.
ii. For the purposes of this By-law the following Dennitions
shail apply:
COMMER.CIAL WIND GENERATION SYSTEM fCWGS): 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 IWGS): means any device such
as a wind charger, windmill, or wind turbine that converts wind
energy 10 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' Mtnimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Not. 1
'eWGs' Minimum Setback to lands 700 mekes (2296.6 feet)
within a 'Settlement Area' NtlIG 2
'WGS' Minimum Setback to: Resk:lential 1.10 times the 'Total WGS Height' 0
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 Hinhwav the riaht-of~wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres {33
or Exterior Side Yard feet'
Maximum 'Total WGS HelOht' 121.0 metres 1397 feetl
Signs/AdvertisinglLogos 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 'Settlernen1 Area' means any urban area or rural settlement area
1hat 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 He;ghtf excepting however the
setback may be reduced to 0 metres (0 feet) provided that
8. the abutting landowner is the same regis1ered
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 leaseleasement 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 1he constructJon of project infrastructure i.e"
access roads andlor 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. 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
indude 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 filetl with the
Municipality of Kincardine by EnbJidge.
f. A copy of the Environmental Screening 'Statemenl
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 conftict, 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.
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.Q. 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 Lot 4, Con 4, Municipality of Kincardine
{geographic Township of BruceD By-law."
APPROVED BY Ontario Municipal Board Decision/Order No. 1989, dated July
16,2007.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this
day of
2007.
Clerk
Mayor
/
/
SCHEDULE 'A-188'
Part Lot 4, Concession 4,
Munici alii of Kincardine eo ra hic Townshi
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SUBJECT PROPERTY
-+- TURBINE LOCATION
LANDS TO BE ZONED 'A1-dk.H. GENERAL AGRICULTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE . A-1 BB' TO THE COMPREHENSiVE
ZONING BY-LAW NO. 2006-246 PASSED THIS
DAY OF
MAYOR
CLERK
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SUBJECT PROPERTY
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LANDS TO BE ZONED 'A-150.H, RURAL SPECIAL HOLDING'
lANDS TO REMAIN ZONED tH. HAZARD LAND'
THIS IS SCHEDULE 'A-189' TO THE COMPREHENSIVE
ZONING BY -LAW NO. 2006.246 PASSED THIS
DAY OF
MAYOR
CLERK
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