HomeMy WebLinkAbout06 239 Zon Enb pt lt 7 con 5
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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B\:~LAW
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. ZOOH5,
BEING THE COMPREHENSIVE ZONING BY-lAW FOR THE
MUNICIPALITY OF KINCARDINE
AND
ZONING BY-LAW NO. 7e-13,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
TOWNSHIP OF BRUCE
John Roppel clo Enbridge Ontario Wind Power LP r
Part Lot 7. Conc&ssion 5t Munlclpalil1 of Kincardine (geographic Township
of Bmce)
WHEREAS Section 34 of the Planning Act. RS.O 1990. Chapter 13 authorizes roo
Councils of Municipalities 10 enacl and amend zoning by-laws which comply with
an approved official plan;
AND WHEREAS the Council of lhe Corporation of the Municipality of Kincardine
has enacted Comprehensive Zoning By-law 2003-25. a zoning by-law enacted
under Section 34 of the said Planning Act.;
AND WHEREAS the Council of the Corporation of the Municipafity of Kincardine
desires-Io amend By-law 2003-25:
AND WHEREAS the Council of the Corporalion 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 reslructured 10.
now be a part of the CorpDration of the Municipality of Kincardine;
AND WHEREAS the CouncU of Ole Corporation of the Municlpafity of Kincardine
desires to amend By~law 76-13;
NOW THEREFORE the Council of the Corporation of Ihe Municipality of
Kincardine ENACTS as follows:
1. Schedule 'A' to By-law No. 20OJ..25 as amended, is hereby further
amended by changjng thereon from 'A1 - General Agriculture' to 'A1-dd-H
- General Agriculture Spechtl Holding' the zoning designation of those
lands (fescribed as Part lot 7, Concession 5. Municipality of Kincardine
(geographic Township of Bruce) which are ouUined on the attached
Schedule 'A-174'.
2. BYwlaw No. 2003-25, as amended, being the Comprehensive Zoning By-
law for the Municipality of Kincardine, is. hereby further amencled by adding
the- following paragraph to subsection 9.3 1hereof:
9.3.101 Notwithstanding their 'A1' zoning designalion,1hose lands
delineated as 'A1-dd.H' on Schedule 'A'to this By-Jaw may be used
for 'Farm Lot' purposes In compliance with the 'A1' zone provisions
contained in Uus By...Jaw, excepting however, that
i.
A 'Commercial Wind Generation System (CWGS)'
consisting of no more than one (1) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #18
Shall be located within +/- 5 metres of UTM Datum Zone
17461192 E and 49'04580 N.
ii. For the purposes of this By-law the following Definitions
shan apply:
~
COMMERCIAL WIND GEN~llATlON SYSTJ;M fCWGS): means
one or more Wmd Generating Systems (WGS), that singly or
collectively produce more than a total or 40 kilowaUs (kW) based
on 'nameplate rating capacity' and are connected to the provincial
transmission grid.
WIND GENERATION SYSTEM tWGS): 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/Reaulation
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Not. 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feel)
within a 'Settlement Area' Nola2
'WGS' Minimum Setback to: Residential 1.10 times the 'Total WGS Height' NOIlt
uses or structures designed for human
habitation on the same lot as a 'WGS'
'WGS' Minimum Setback to: County or 1.25 times lhe 'T olal WGS Height' from
Provincial road or Hiahwav the rtahl-of-wau line
'WGS' Minimum Setback to: Front Yard .T~:~I WGS Height" minus 10 melres (33
or Exterior Side Yard feet
Maximum 'Total WGS Heioht' 121.0 metres1397 feet)
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 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. 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. The 'WGS' Minimum Setback to an 'Intenor 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 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-of-way 230 kV transmission corridor.
v. The 'H - Holding' provision may be removed once the
following conditions have been mel:
a. An 'Operational Protocol and Emergency Services
Plan' for dealing with Extreme Weather Conditions to
include potentiallc;ng 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) ofthe 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 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.
vL Where one or more zoning regulations appticable 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' 10 By-law No. 76-13 as amended, is hereby further
amended by changing thereon from 'A - Rural' to 'A-144-H - Rural
Special Holding' the zoning designation of those lands described as
Part Lot 7, Concession 5, Municipality of Kincardine (geographic
Township of Bruce) which are outlined on the attached Schedule
'A-175'.
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 lhereof:
5.98 Notwithstanding their 'A' zoning designation, those lands
delineated as 'A-144-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 (eSGs)'
consisting of no more than one (1) 'Wind Generating
System (WGS)' shall also be permitted; the WGS #18
shall be located within +/~ 5 metres of UTM Datum Zone
17461192 E and 4904580 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 fWGS): 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 sha" apply:
Feature Provlsion/RAnulatlon
'CWGS' Minimum Setback to a 'Rural 600 metres (1968.5 feet)
Residential Cluster' Noto 1
'CWGS' Minimum Setback to lands 700 metres (2296.6 feel)
within a 'Settlement Area' Nolo 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 Heighr hom
Provincial road or Hi~-hwav the riaht-of-wav line
'WGS' Minimum Setback to: Front Yard 'Total WGS Height' minus 10 metres (33
or Exterior Side Yard feetl
Maximum 'Total WGS HeiQht' 121.0 metres 1397 feetl
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 metJes \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 'Seltlemenl 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, Underwooo, lnverhuron,
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 'Inlerior 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 melres (0 feet) provK:led 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/of 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
B. An 'Operational Protocol and Emergency Services
Plan' for dealing with Extreme Weather Conditions to
indude 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 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 jmplemented.
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.
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 Enbrk:lge.
vi. Where one or more zoning regulations applicable to
a was' 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 ciled as the "Amendment to Comprehensive
Zoning By.law 2003-25 and Comprehensive Zoning By-law 76.13
(former Bruce) {Part Lot 7, Con 5, Municipality of Kincardine
(geographic Township of Bruce)) 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
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SCHEDULE 'A-174'
Part Lot 7. Concession 5,
alii of Kincardine eo ra hic Townshi of Bruce
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SUBJECT PROPERTY
. TURBINE LOCATION
LANDS TO BE ZONED 'A1-dd.H, GENERAL AGRICULTURE SPECIAL HOLDING'
LANDS TO REMAIN ZONED 'EP. ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A-174' TO
ZONING BY-LAW NO. WOB.>39
DAY OF
THE COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by 181 Group February 2007
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SCHEDULE 'A-175'
Part Lot 7, Concession 5,
of Kincardine e ra hic T ownshi of Bruce
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-+ TURBINE LOCA nON
1;/0//;-;.1 LANDS TO BE ZONED 'A-144-H. RURAL SPECiAl HOLDING'
17X~1 LANOS TO REMAIN ZONED .H. HAZARD lAND.
THIS IS SCHEDULE 'A-175' TO
ZONING BY-LAW NO. 2006-239
DAY OF
THE COMPREHENSIVE
PASSED THIS
MAYOR
CLERK
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Prepared by IBI Group Februery 2007
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