HomeMy WebLinkAbout06 236 Zon En pt lt2< 3 con 5
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BY-LAW
No. 2006 - 236
.
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
Hans OppersdoJ'ff (Tilman Behrens) c/o Enbridge Onlario Wind Power LP.
Pan Lot 2 " Lot 3, Co......lon 5, Munlclpallty of Kincardine (goographlc
Township of Bruce)
WHEREAS Section 34 oflhe Planning Act. R.S.O 199D. Chapter 13 authorizes the
CouncilS of Municipalities to enact and amend zoning by-laws which comply wWl
an approved official plan;
AND WHEREAS tile Council of the Corporation of the MunicipaDly of Kincardine
has enacted Comprehensive Zoning By-law 2003-25. a zoning by-law enacted
under Seelion 34 of the said Planning Act;
AND WHEREAS the Council of the Corporation 01 the Municipality of Kincardine
desires 10 amend By-law 2003-25:
AND WHEREAS tbe Council of the Corporation 01 the Township of Bruce has
enacted Comprehensive Zoning BYMlaw 76-13. a zoning by-law enacted Wlder
seelion 34 of the said Planning Act;
.
AND WHEREAS the CorporaUon of lhe Township of Bruce has restruotured to
now be a part of the Corporation Of the MWlicipalily of Kincardine;
AND WHEREAS the Council of the Corporation ot the Municipality ot 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 Agriculture' 10 'A 1-da-H
_ General Agriculture Spe<:ial Holding' lhe zoning designation of those
lands described as Part Lot- 2 & lot 3, Concession 5, Municipality of
Kincardine (geographic Township of Bruce) which are outlined on the
attached Schedule 'A-168'.
2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-
law fof the Municipality of Kincardine, is hereby further amended by adding
the following para9raph to subsection 9.3 'hereof:
9,3.96 Notwithstanding their 'A1' zoning designation, 1hose lands
delineated as 'A1-da-H' on Sdledute 'A' to this By-law may be used
for 'Farm Lo\' purposes in compliance with the 'A" zone provisions
contained In this By-law, excepting however, that
i.
A 'Commercial WIIld Ge,neration System (GWGS)'
consisting of no more than two (2) Wmd Generating
Syslem (WGS)' shan also be permltled; the WGS #14
shall be located within +J- 5 metres of UTM Datum Zone
17 459529 E and 4905332 N; and the WGS #15 shall be
located within +/- 5 metres of UTM Datum Zone 17
459925 E and 4905213 N.
.
ii. For the purposes 01 this By-law the foUowing Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEIo'IICWGS\: 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 wfnd charger, windmill, or wind turbine that converts wlnd
energy to electrical energy.
iii. For the purposes of this By-law the following Provisions
and Notes 1,2 and 3 shall apply:
Feature Provislon/Reaulatlon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feel)
Residential Cluster' Note 1
'GWGS' Minimum Setback to lands 700 metres (2296.6 feel)
within a 'Settlement Area' Nola 2
'WGS' Minimum Setback to: Residential 1.10 times !he 'TotalWGS Height' ."'
uses or structures designed for human
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback to: County or 1.25 limes the 'Total WGS Height' from
Provincial road or Hiahwav the rieht-af-wav line
'WGS' Minimum Setback to: Front Yard 'Tolal WGS Height' minus 10 metres (33
or Exterior Side Yard feell
Maximum 'Total WGS Heinht' 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 oermitted.
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 nollimited 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 maxUnum height reached by any
part of 'he 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 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 andlor 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 MunicipalKy 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 10
a 'WGS' results in a confUct, 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-26--H - Restricted Rural Special Holding' the zoning designation
of those lands described as Part Lot 2 & Lot 3, Concession 5,
Municipality of Kincardine (geographic Township of Bruce) which
are outlined on the attached Schedule 'A-169'.
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:
10.19 Notwithstanding their 'A-R' zoning designation, those lands
delineated as 'A-R-26-H' on Schedule 'A' to this By-law may
be used for 'Rural' purposes in compliance with the 'A-R'
zone pro'Jisions contained in this By-law, 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 #14
shall be located within +1- 5 metres of UTM Datum Zone
17 459529 E and 4905332 N: and the WGS #15 sholl
be located within +1- 5 metres of UTM Datum Zone 17
459925 E and 4905213 N.
ii. For the purposes of this By~law the following Definitions
shall apply:
COMMERCIAL WIND GENERATION SYSTEM ICWGS}: 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 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 foUawing Provisions
and Notes 1,2 and 3 shall apply:
Feature Provlslon/Regulatlon
'CWGS. Minimum Setback to a 'Rural 600 metres (1968.5 feel)
Residential Cluster' Now. 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feet)
within a 'Settlement Area' Note 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' Minimum Setback to: County or 1.25 times the 'Total WGS Height' from
Provincial road or Hinhwav the rinht-of-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard feett
Maximum 'Total WGS Heinht' 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 nermitted.
Note 1. A 'Rural Residential Cluster' means four (4) or more residential
lots, each lot being Jess 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 01100 turbIne whiche\lef lS greater.
iv. The 'WGS' Minimum Setback to an 'Interior Side Yard' or
'Rear Yard' shall be no less Ulan '1.0 times the Total WGS
Height (1.0 x Total WGS HeightI' 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 'he 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 'fnterior 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 (fealing with Extreme Weather Conditions to
include potential Icing and High Wind situations has been
flied with the Municipality of Kincardine by Enbridge.
b. A 'Site Plan Agreement" as per Sedion 41(7)(c)
has been registered as per Section 41(10) oftha Planning
Ad. 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 andlor Ministry have
been implemented.
d. A 'Decommissioning Plan' outlining the antldpated
costs of lurbine 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 Enbr;dge.
vi. Where one or more zoning regulations applicable 10
a 'WGS' results in a conflict. the most restricnve 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 wArnendment to Comprehensive
Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13
(former Bruce) (Part Lot 2 & 3, Con 5, 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.
Mayor
Clerk
SCHEDULE 'A-168'
Part Lol 2 & Lot 3, Concession 5,
Municipality of Kincardine(geographic Township of Bruce)
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L I SUBJECT PROPERTY .. TURSINE LOCATION
F./.'~;//~ LANDS TO BE ZONED 'Al.da.H, GENERAL AGRICULTURE SPECIAL HOLDING'
b.:>I4;X;Yl LANDS TO REMAIN ZONED 'EP. ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A-168 TO THE COMPREHENSIVE
ZONING BY-LAW NO. 2006.236 PASSED THIS
DAY OF
MAYOR
CLERK
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SCHEDULE 'A-169'
Part Lol 2 & Lot 3, Concession 5,
Municipality of Kincardine(geographic Township of Bruce)
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I J SUBJECT PROPERTY .. TURBINE LOCATION
1;';0/~ lANDS TO BE ZONED 'A-R-26.H, RESTRICTED RURAL SPECIAL HOLDING'
f@Wl lANDS TO REMAIN ZONED .H, HAZARD LAND'
THtS IS SCHEDULE 'A-169' TO THE COMPREHENSIVE
ZONING BY-LAW NO. 2006.236 PASSED THIS
DAY OF
MAYOR
CLERK
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