HomeMy WebLinkAbout06 228 Zon Enb lt 11&12, con 6
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BY-LAW
No. 2006 - 22lI
BEING A BY-lAWTO 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 Enbrldga Ontario Wind Power lP.
Part Lot 11 & Lot 12, ConGe$Slon 6, MUnlc:ipallty of Kfncardlnttlgeographb:
Township of Bruce)
.
WHEREAS Section 34 01 the Plamlng Act. R.S_O 1990. Chapler 13 authorizes the
Councils of MuniCipalitieS to enact and amend zoning by-laws which comply with
an approved official plan;
AND WHEREAS the CouncH of the Corporation of the Municipality of Kincardine
has enacted Comprehensive Zoning By4aw 2003-25. a zolling by-law enacled
WIder Section 34 01 the said Planning Act;
.
ANO WHEREAS the Counclt of Ute Corporation of the Municipality of Kincardine
desires w amend By-law 2003-25;
AND WHEREAS the Gounl;il of the corporation of the TQWnship of Broce has
enacted COmprehensive Zuning By-law 76-13. a zoning by.JaW enacled under
SecUon 34 of \he said Plannmg Act;
AND WHEREAS the COlpDraUon of tile Township of Bruce has reslrUctured to
now be a part of the Corporation of Ihe MunicipalilY of KincanJine;
AND WHEREAS the COuncil of lhe CorporaUon 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 foRows:
1. Schedule 'A' to 8y~law No. 2003-25 as amended, is hereby furU1er
amended by changing Ulereon from 'A1-a - General Agricul1ure Speciaf to
"A1-cs-H _ General Agricullure Special Holding' the zoning designation oJ
those lands described as Part Lol11 & Lol12, Concession 6, Municipality
of Kincardine (geographic Township of Bruce) which are outlined on the
altached Schedule 'A:-152'.
2. By-law No. 2003-25, as amended, being the Comprehensive Zoning By-
law for1be Municipality of Kincardine, is hereby furUler amended by adding
the following paragraph to subsection 9.3 thereof:
9.3.90 NolwithSlandinQ lheir 'M-a' zoning designation. those lands
delineated as. 'A1~cs.-H' OQ Schedule 'A' to this By-law may be used
for 'Farm lot' purposes in compliance with the 'A1-u' zone
provisions contained in this By~Iaw, excepting however, that
L
A 'Commercial \lVind Generation Sy&tem (CWGS)'
consiSting of no more 1han two (2) Wind Generating
System (WGSY shall also be permitted: the WGS #31
shall be located within +1- 5 metres 01 UTM Datum Zone
17 463040 E and 4904495 N: and the WGS #32 shall be
located wl1hin +f- 5. metres of UTM Datum Zone 17
463565 E and 4904338 N_
ii. For the purpos.es of 'hls By~law the following Definitions.
shall apply:
.
COMNIERClAl'MND GENERAnON SYSTEM {CWGS}: means.
one or more Wand Generating systems (WGS). thai singly or
co\lec1.iwly produce more than a lo\iIt ot 40 1IJIoWatm lkW) based
on 'nameplate rating capacity' and are connected to the provincial
transmission grid.
yvJND GENERATION SYSTEM IWGS): means any device such
as. a wind charger, windmill, or wind turbine that converts wInd
energy to electrical energy.
iii. For the purposes of thts By-law the following Provisions
and Notes I. 2 and 3 shall apply:
Feature Provision/Regulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Nol1l1
'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 'Total WGS Height' ,
uses or structures designed tor 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 ria hI-at-way line
'WGS' Minimum Setback to: Front Yard '1 ~l~1 WGS Height' minus 10 metres (33
or Exterior Side Yard feet
Maximum 'Total WGS Heiaht' 121.0 metres {397 feen
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
shalt be Dermitted.
Note 1. A 'Rural Residential Cluster' means four (4) Of 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 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 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 leaseleasement agreement
permitting the construction of project infrastructure l.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 A9reement' 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 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 - Rural' to 'A-134-H - Rural
Special Holding' the zoning designation of those lands described as
Part Lot 11 & Lol 12, Concession 6, Municipality of Kincardine
(geographic Township of Bruce) which are outlined on the attached
Schedule 'A-153',
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 10 Section 5.0 thereof:
5.88 Notwithstanding their 'A' zoning designation, lhose lands
delineated as 'A-134-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 two (2) 'Wind Generating
System (WGS)' shan also be permitted; the WGS #31
shall be located within +/~ 5 metres of UTM Datum Zone
t7 463040 E and 4904495 N: and the WGS #32 shall
be located within +/- 5 metres of UTM Datum Zone 17
463565 E and 4904338 N.
ii. For the purposes of this By-law the following Definitions
shall apply:
COMMERCIAL WINO GENERATION SYSTEM ICWGSI: means
one or more \lVind 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 prov~ncial
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 Notes 1, 2 and 3 shall apply:
Feature Provision/ReGulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' NoIel
'CWGS' Minimum Setback to rands 700 metres (2296,6Ieel)
within a 'Semement Area' Note 2 .
'WGS' Minimum Setback to: Residential 1.10 times the 'TotatWGS 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 'Tolal WGS Height' from
Provincial road or Hinhwav the rinhl-of-wav line
'WGS' Minimum Setback to: Front Yard 'TO:~I WGS Height' minus 10 metres (33
or Exterior Side Yard feet
Maximum 'Total WGS Hei hi' 121.0 metres 13971eel\
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 oermilted.
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 not limited to, Underwood, Inverhuron,
North Bl1Jce, Shoreline Development Area, etc.
Note 3. 'Total WGS Height' is measured from average grade to the
uppermost extension of any blade. Of 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 T otat WGS Heigh\)' excepting however the
setback may be reduced to 0 metres (0 feet) provided that
a. the abuUing 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 Le.,
access roads and/or electricity transmission line on the
abutting lands; or
d. the 'Interior Skle 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 willl 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, R.S.O. 1990 as amended.
c. A "Stage 2 Archaeological Study' has been
prepared, submiUed. reviewed and approved by the
Ministry of Citizenship and Cullure. 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
andlor 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 Enbr;dge.
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 Enbrldge.
vi. Where one or more zoning regulations appricable 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.
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 MAmendment to- Comprehensive
Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13
(former Bruce) (Part Lot 11 & 12. Con 6. 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 time and FINALLY PASSED this
day 01
2007.
Mayor
Clerk
SCHEDULE 'A-152'
Part Lot 11 & Lot 12. Concession 6,
Municipality of Kincardine(geographic Township of Bruce)
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SUBJECT PROPERTY
.... TURBINE LOCATION
LANDS TO BE ZONED 'Al-cs,H, GENERAL AGRICULTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A-152' TO
ZONING BY-LAW NO.
DAY OF 2006-'"
THE COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
I'lLh Z-Il'~_Z' N"l"\.IC:IIHI: _ ~ VI [_~ 00>_ _ "- U'
Prepillled Py leI Group February 2007
Q/l.l[,Sopt_:IOO6
SCHEDULE 'A-153'
Parl Lot11 & Lot 12, Concession 6,
Municipality of Kincardine(geographic Township of Bruce)
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l?.::%'/,.1:;:;\ LANOS TO BE ZONED 'A-1:l4-fl. RURAL SPECIAL flOLDING'
li?<<;~~ LANDS TO REMAIN ZONED 'fI, flAZARD LAND'
THIS IS SCHEDULE 'A-153' TO
ZONING BY-LAW NO.
DAY OF 2006-'"
THE COMPREHENSNE
PASSED THIS
MAYOR
CLERK
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