HomeMy WebLinkAbout06 241 Zon Enb pt lt 9 con 5
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BY-LAW
No. 2006-241
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
John Roppel c/o Enbridg8 Ontario Wind Power LP.
Part Lot 9, Concession 5, Municipality of Kincardine (geographic Township
of Bruce)
.
WHEREAS Section 34 of the Planning Act, RS.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~]aw enacted
under Section 34 of the said Planning Act;
AND WHEREAS the Council o-f the Corporation of the Municipali1y of Kincardine
desires 10 amend By-law 2-003-25;
AND WHEREAS the council of the Corporation of the Township of Bruce has
enacted Comprehensive Zoning By.law 76-13, a zonlng by-law enacted under
SeeUon 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 Corporafion 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 Speeiar to
'A1.df.H _ General Agncultore Special Holding' the zoning designation of
those lands oescribed as Part Lot 9, Concession 5, Municipality of
Kincardine (geographic Township of Bruce) which are outlined on the
auached Schedule 'A-178'.
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:
9.3.103 Notwithstanding their 'A1-a' zoning designation, those
lands delinealed as 'A1.df-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
Syslem (WGS)' shall also be pennilled; Ihe WGS 1120
shall be located within -tf. 5 metres of UTM Datum Zone
17462124 E and 4904342 N.
.
ii. For the purposes of this By-law the tol1owing Delinilions
shall apply:
COMMERCIAL WIND GENERA nON SYSTEM ICWGSI: means
one or more Wind Generating Syslems (WGS), that singly or
collectively produce more than a total of 40 kilowatts (kW) based
on 'nameplale rating capacity' and are connected to the provincial
transmission glid.
WIND GENERATION SYSTEM lWGSI: means any device such
as a wind charger, windmil. 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 Provlslon/Renulation
'eWGs' Minimum Setback to a 'Rural 600 metres (1968.5 feel)
Residential Cluster' Nolo 1
'CWGS' Minimum Setback 10 lands 700 metres (2296.6 leel)
within a 'Settlement Area' Note 2
'WGS' Minimum Setback to: Residential 1.10 times the '10tal WGS 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' !rom
Provincial road or Hinhwav the riaht-ol.wav line
'WGS' Minimum Setback to: Front Yard 'T~~I WGS Height' minus 10 metres (33
or Exterior Side Yard teet
Maximum Total WGS Heioht' 121.0 metrest397 Ieen
Signs/Advertisingflogos 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 o,,,milled
Note 1. A 'Rural Residential Cluster' means four (4) or more residential
lots. each 10' being less than 0.8 hectares (2 acres) in area, that share a
common boundary including lots located across a roadway.
Note 2. A 'Seuternent Area' means any urban area or rural seUlement area
that is designated in the Kincardine Official Plan Of 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
uppennost 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
setbact may be reduced to 0 metres (0 feet) provided that:
8. 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 andlor electricity 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 conidor.
v. The 'H - Holding' provision may be removed once the
following conditions have been met:
3. An 'Operalional 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 Pian Agreement" as per Sedion 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' ouUining 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 EnbJidge.
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 meel the
minimum setback regulations for a 'WGS' prescribed
herein.
3. Schedure 'A' to By-law No. 76-13 as amended, is hereby further
amended by changing thereon from 'A - Rural' to 'A-146-H - Rural
Special Holding' the zoning designation of those lands described as
Part Lot 9, Concession 5, Municipality of Kincardine (geographic
Township of Bruce) which are outlined on the attached Schedule
'A-179'.
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:
5.100 Notwithstanding their 'A' zoning designation. those lands
delineated as 'A.146-H' on Schedule 'A' 10 this By-law may
be used for 'Rural' purposes in compliance with the 'A' lone
provisions contained in this By-law, excepting however, that:
i. A 'Commercial Wind Generation System (eSGs)'
consisting of no more than one (1) 'Wind Generating
System (WGS)' snail also be permitted: tne WGS #20
shall be located within +1- 5 metres of UTM Datum Zone
17 462124 E and 4904342 N.
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 Ihat converts WInd
energy to electrical energy.
m. For the purposes of this By-law the following Provisions
and Notes 1, 2 and 3 shall apply:
Feature ProvlslonJRMulatJon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' N0t9 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a 'Settlement Area' NIl!. 2
'WGS' Minimum setback to: Residential 1.10times the 'TotalWGS 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 HiQhwav the rinht-of-wav line
'WGS' Minimum Setback to: Front Yard 'T~:~I WGS Height' minus 10 metres (33
or Exterior Side Yard feet
Maximum 'Total WGS Hei hI' 121.0 metres '397 feeO
Signs/Advertising/Logos Advertising signs or logos on any WGS'
shalf 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 nermitted.
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 seUlement 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 feel) provided that:
a. the abulting 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/easemenl 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-ot-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 Muntcipality 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' ouUining 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 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 oonflict, 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
Plannin9 Act. RS.O. 1990.
6. This By-law may be cited as the "Amendment to Comprehensive
Zoning By-law 2003-25 and Comprehensive Zonrng By-law 76-13
{former Bruce} (Part Lot 9, Con 5, Municipality of Kincardine
Igeographic 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
Munici alii
/
/
!
SCHEDULE 'A-178'
Part Lot 9, Concession 5,
of Kincardine eo ra hic Townshi
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of Bruce
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SUBJECT PROPERTY
+ TURBINE LOCATION
LANDS TO BE ZONED 'A 1-<11-H, GENERAL AGRICULTURE SPECIAL HOLOING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A-178' TO THE
ZONING BY-LAW NO. 2006,241
DAY OF
COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by 181 Group February 2007
O/llf's..-_JOOt
SCHEDULE 'A-179'
Part Lot 9, Concession 5,
Munic; alii of Kincardine eo fa hie Townshi of Bruce
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SUBJECT PROPERTY
+ TURBINE LOCATION
LANDS TO BE ZONED 'A-146-H, RURAL SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'H. HAZARD LAND.
THIS IS SCHEDULE 'A-179' TO THE
ZONING BY-LAW NO. 2006-241
DAY OF
COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
I'U: t_l.!ll-M,l' ~: __ ""-' <,. t~ - - "-"
Prepared by IBI Group February 2007
DO.n;~ 20M