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Home My WebLink About06 170 Zon Enb pt lt 6&7 con 12 THE CORPORATION OF THE MUNfCIPALITY OF KINCARDINE . BY-LAW No. 2006 - 170 BEING A BY -LAW TO AMEND ZONING BY-LAW NO. 2003-25, BEING THE COMPREHENSIVE ZONING BY.LAW FOR THE MUNICIPALIlY OF KINCARDINE AND ZONING BY-LAW NO. 76-13, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE TOWNSHIP OF BRUCE Murray Ribey Farms Ltd. c/o Enbrldge Ontario Wind Power LP. Part Lots 6 & 7, Concession 12, Municipality of Kincardine (geographic Townshlp of B,uc.) . 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-law enacted under Section 34 of tile said Planning Act; AND WHEREAS the Council of Ihe Corporation of the Municipality of Kincardine desires to amend By-law 2003-25; AND WHEREAS the Council of the Corporation of the Township of Bruce has enacted Comprehensive Zoning By-law 76-13, a zoning by-law enacted under Section 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 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' to 'A1-as-H _ General Agriculture Special Holding' the zoning designation of those lands described as Part Lots 6 & 7, Concession 12, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-36'. 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: 9.3.38 Notwithstanding their 'A1' zoning designation, those lands delineated as 'A 1-as-H' on Schedule 'A' to this By-law may be used for 'Farm Lot' purposes in compliance with the 'A1' 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 System (WGS)' shall also be perm"'ed; the WGS #100 shall be located within +/- 5 metres of UTM Datum Zone 17 464763 E and 4911034 N. . iL For the purposes of this By-law the following Definitions shall apply: COMMERCIAL WIND GENERATION SYSTEM ICWGSl: mea"" 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 lWGS): means any device such as a wind charger, windmill, or wind turbine that converts wind energy to electrk::al energy. iii. For the purposes of this By.law the following Provisions and Notes 1. 2 and 3 shall apply: Feature Provlsion/Renulatlon 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' Nola t 'CWGS' Minimum Setback to lands 700 metres (2296.6 feel) 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' Minimum Setback to: County or 1.25 times the 'Total WGS Height' from Provincial road or Hiahwav the rinht-of-wauline 'WGS' Minimum setback to: Front Yard 1.0 times the 'Total WGS Height' . or Exterior Side Yard Maximum 'Total WGS Heiaht' 121.0 melres (3971ee1) 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 nermitted. 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 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' shan 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 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 lener 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 'Oispute 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-85-H - Rural Special Holding' the zoning designation of those lands described as Part lots 6 & 7, Concession 12, Municipality of Kincardine (geographic Township of Bruce) which are outlined on the attached Schedule 'A-37'. 4. By-law No. 76-13, as amended. befog 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: 5.39 Notwithstanding their 'A' zoning designation. those lands delineated as 'A-8S-H' on Schedule 'A' (0 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)' shall also be permitted; the WGS #100 shall be located within +/. 5 metres of UTM Datum Zone 17 464763 E and 4911034 N. ii. For the purposes of this By-law the following Oefinitions shall apply: COMMERCIAL WIND GENERATION SYSTEM ICWGS1: 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 to electrical energy. Hi. For the purposes of this By-law the following Provisions and Notes 1, 2 and 3 shall apply: Feature Provision/Renulation 'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet) Residential Cluster' NC1e 1 'CWGS' Minimum Setback 10 lands 700 metres (2296.6 feet) within a 'Settlement Area' NDIe 2 'WGS' Minimum Setback to: Residential 1.10times the 'Total WGS Height' uses or structures designed for human habitation on the same lot as a 'WGS' WGS' Minimum ~~~~ack 10: County or 1.0 times the 'TotalWGS Height'NDIB ~ Provincial road or Hi hwav 'WGS' Minimum Setback to: Front Yard 'Total WGS Height' - 121.0 metres or Exterior Side Yard (Front Y:~d) ; 111.0 metres (Exterior Side Yard Maximum 'Total WGS HeiQht' 121.0 metres 397 feet SignslAdvertising/logos Advertising signs or logos on any 'WGS' shall be prohibited; a maximum of 2 projed 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 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 Heighf is measured lrom 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 setback 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 tandowner 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 andior 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 fonowing conditions have been met: a. An 'Operational Protocol and Emergency Services Plan' for dealing with Extreme Weather Conditions to include potentialldng 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. R.S.O. 1990 as amended. c. A kStage 2 Archaeological Study' has been prepared. submitted. reviewed and approved by the Ministry of Citizenship and recommendations of the Report been imptemented. Culture. and any and/or Ministry have d. A 'Decommissioning Plan' oulllnlng 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 tiled with the Municipality of Kincardine by Enbridge. 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 1n a conflict, the most restrictive or higher regulation shall apply. The area shown as 'lands to be Zoned' on Scheduh3- '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, RS.O. 1990. 6. This ay-~aw may be cited as. the uAmendment to Comprehensive Zoning By-law 2003-25 and Comprehensive Zoning By-law 76-13 (former Bruce) (Part lots 6 & 7, Con 12, Municipality of Kincardine [geographic Township of BruceD By_law,n 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-36' Part Lots 6 & 7, Concession 12, Municipality of Kincardine(geographic Township of Bruce) s c f..O}-;- 01\173 , / , , // , iI..' " , j , . , : , .: / .,- / .I ' ~'TU'b;ne#'oo ;> / f..O}- 001\1 {1 .~ 7< i , / t / , / , ... . ... .1E1JEI / I I t:?ij#~ ~ SUBJECT PROPERTY .. TURBINE LOCATION LANDS TO BE ZONED 'A1-as-H,GENERAL AGRICULTURE SPECIAL HOLDING' LANDS TO REMAIN ZONED 'EP, ENVIRONMENTAL PROTECTION' THIS IS SCHEDULE 'A-36' TO THE COMPREHENSIVE ZONING BY-LAW NO. 2006-170 PASSED THIS DAY OF MAYOR CLERK fl,.E; :z _ ""_ ~__",,"'Pd.o/."""'~"''''''~ Prepared by IBI Group February 2007 Revised June 07,2007 D/ftI S~h."'_" SCHEDULE 'A-37' Part Lots 6 & 7, Concession 12, Municipality of Kincardine(geographic Township of Bruce) s col.OJ' ~ ~'3 l.OJ' COI\t (] '< t SI D 51 JllD tEnIa . I ] 1;7/#/~ ~ SUBJECT PROPERTY + TURBINE lOCATION LANDS TO BE ZONED 'A-85-H, RURAL SPECIAL HOLDING' LANDS TO REMAIN ZONED 'H, HAZARD LAND' THIS IS SCHEDULE 'A-37' TO THE ZONING BY-LAW NO. 2006-170 DAY OF COMPREHENSIVE PASSED THIS MAYOR CLERK ru:: l-llI-Q6.le N'f'UCMIII': ...... ...,. r_ Lw. c/_ ~ .... ... ..... U' Prepared by 181 Group February 2007 Revised June 11,2007 DUt:~"':IOOI