HomeMy WebLinkAbout06 282 Zon Amend 03-25-Cruickshank
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 282
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
MUNICIPALITY OF KINCARDINE
Kevin & Nancy Cruickshank clo Cuesta Planning Consultants Inc.,
Part Lots 52, 53 & 54, Concession 'C', Municipality of Kincardine
(geographic Township of Kincardine)
WHEREAS Section 34 of the Planning Act, R.S.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 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 Municipality of Kincardine
desires to amend By-law 2003-25;
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 'A2 - Restricted Agriculture' to 'A2-I-H
- Restricted Agriculture Special Holding' the zoning designation of those
lands described as Part Lots 52, 53 & 54, Concession 'C', Municipality of
Kincardine (geographic Township of Kincardine) which are outlined on the
attached Schedule 'A'.
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 10.3 thereof:
10.3.10 Notwithstanding their 'A2' zoning designation, those lands
delineated as 'A2-I-H' on Schedule 'A' to this By-law may be used
for 'Farm Lot' purposes and may also be used for a 'Commercial
Wind Generation System (CWGS)' in compliance with the 'A2' zone
provisions contained in this By-law, excepting however, that:
i.
For the purposes of this By-law the following Definitions shall
apply:
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Page 2
Amendment to Zoning By-law 2003-25 (pt Us 52, 53 & 54, Con 'C') By-law
By-law No. 2006 - 282
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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 that converts wind energy
to electrical energy.
ELECTRICAL SUBSTATION: means lands, building andlor
structures or parts thereof containing a subsidiary station of an
electricity generation, transmission and distribution system where
voltage is transformed from high to low or the reverse uses
transformers.
ii.
A 'Commercial Wind Generation System (CWGS)' consisting
of no more than six (5) 'Wind Generating System ('JVGS)'
shall also be permitted and shall be located as follows:
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'WGS1' shall be located within +1- 5 metres of UTM Datum
WGS 84, Zone 17, 455,094 E and 4,899,388 N;
'WGS2' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17, 454,386 E and 4,899,246 N;
'WGS3' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17, 454,103 E and 4,899,088 N;
'WGS4' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17, 454,363 E and 4,899,575 N;
'WGS5' shall be located within +1- 5 metres of UTM Datum
WGS 84, Zone 17, 454,781 E and 4,899,526 N;
.
III.
An electrical substation shall also be permitted.
IV. The 'Maximum Total WGS Height' shall not exceed 121
metres (397 feet).
v. 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 permitted.
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Page 3
Amendment to Zoning By-law 2003-25 (pt Us 52, 53 & 54, Con 'C') By-law
By-law No. 2006 - 282
VI.
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, and keeping
service roads open year round for responding emergency
service) has been filed with the Municipality of
Kincardine;
b. A 'Site Plan Agreement' as per Section 41 (7)(c) has been
registered as per Section 41(10) of the Planning Act RSO
1990 as amended by Cruickshank Wind Farm Ud.
Further, that the Site Plan Agreement contains a
requirement that the CWF adhere to a 30 hrs or less
'Maximum Shadow Hours per Year' standard through
mitigative measures; and further THAT the Site Plan
Agreement contain a requirement that final approval be
received from Transport Canada and NAV Canada prior
to Second Stage Building Permits being issues for the
Wind Generating Systems.
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 copy of the Environmental Screening 'Statement of
Completion' has been deposited with the Municipality of
Kincardine.
3.
This By-law comes into force and effect pursuant to the provisions of the
Planning Act, R.S.O. 1990.
4, This By-law may be cited as the "Amendment to Comprehensive Zoning
By-law 2003-25 (pt Us 52, 53 & 54, Con 'C', Municipality of Kincardine
[geographic Township of Kincardine]) By-law".
APPROVED BY the Ontario Municipal Board Decision/Order No. 2840, dated
October 31,2007.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this ~
day of 2007.
Mayor
Clerk
SCHEDULE 'A'
Part Lots 52, 53, & 54 Concession 'C'
Municipality of Kincardine(geographic Township of Kincardine)
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SUBJECT PROPERlY
LANDS TO BE ZONED 'A2-I-H, RESTRICTED AGRICULTURE
SPECIAL HOLDING'
~ LANDS TO BE ZONED 'EP, ENVIRONMENTAL PROTECTION AREA'
THIS IS
ZONING
MAYOR
CLERK
SCHEDULE 'A' TO THE
BY-LAW NO.
DAY OF
COMPREHENSIVE
PASSED THIS
APPUCANT: KEVIN & NANCY CRUICKSHANK
DAre OCTOBER. 2007
FIlE: Z-213-2006.21
.
.
.
.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 282
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003-25,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
MUNICIPALITY OF KINCARDINE
Kevin & Nancy Cruickshank clo Cuesta Planning Consultants Inc.,
Part Lot 53, Concession 'B'; Part Lots 52, 53 & 54, Concession 'C',
Municipality of Kincardine (geographic Township of Kincardine)
WHEREAS Section 34 of the Planning Act, R.S.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 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 Municipality of Kincardine
desires to amend By-law 2003-25;
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 'A2 - Restricted Agriculture' to 'A2-I-H
- Restricted Agriculture Special Holding' the zoning designation of those
lands described as Part Lot 53, Concession 'B'; Part Lots 52, 53 & 54,
Concession 'C', Municipality of Kincardine (geographic Township of
Kincardine) which are outlined on the attached Schedule 'A'.
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 10.3 thereof:
10.3.10 Notwithstanding their 'A2' zoning designation, those lands
delineated as 'A2-I-H' on Schedule 'A' to this By-law may be used
for 'Farm Lot' purposes and may also be used for a 'Commercial
Wind Generation System (CWGS)' in compliance with the 'A2' zone
provisions contained in this By-law, excepting however, that:
i. For the purposes of this By-law the following Definitions shall
apply:
. . ./2
.
.
.
.
Page 2
Amendment to Zoning By-law 2003-25 (pt Lt 53, Con 'B'; pt Lts 52,53 & 54, Con
'C') By-law
By-law No. 2006 - 282
COMMERCIAL WIND GENERATION SYSTEM (CWGS): means
one or more Wind Generating Systems 0/VGS), 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 that converts wind energy
to electrical energy.
ii. A 'Commercial Wind Generation System (CWGS)' consisting
of no more than six (6) 'Wind Generating System 0/VGS)'
shall also be permitted and shall be located as follows:
'WGS l' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17,455,110 E and 4,899,379 N;
'WGS2' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17,454,386 E and 4,899,246 N;
'WGS3' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17, 454,103 E and 4,899,088 N;
'WGS4' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17,454,363 E and 4,899,575 N;
'WGS5' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17, 454,781 E and 4,899,526 N;
'WGS6' shall be located within +/- 5 metres of UTM Datum
WGS 84, Zone 17,453,889 E and 4,899,657 N.
Hi.
An electrical substation shall also be permitted. For the
purposes of this By-law, an 'electrical substation' shall be
defined as lands, buildings and/or structures or parts thereof
containing a subsidiary station of an electricity generation,
transmission and distribution system where voltage is
transformed from high to low or the reverse using
transformers.
iv. The 'Maximum Total WGS Height' shall not exceed 121
metres (397 feet).
v. 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 permitted.
. . ./3
.
.
.
.
Page 3
Amendment to Zoning By-law 2003-25 (pt Lt 53, Con 'B'; pt Lts 52,53 & 54, Con
'C') By-law
By-law No. 2006 - 282
vi. 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, and keeping
service roads open year round for responding emergency
service) has been filed with the Municipality of
Kincardine;
b. A 'Site Plan Agreement' as per Section 41 (7)(c) has been
registered as per Section 41(10) of the Planning Act RSO
1990 as amended by Cruickshank Wind Farm Ltd.
Further, that the Site Plan Agreement contains a
requirement that the CWF adhere to a 30 hrs or less
'Maximum Shadow Hours per Year' standard through
mitigative measures;
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 copy of the Environmental Screening 'Statement of
Completion' has been deposited with the Municipality of
Kincardine.
3.
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.
4. This By-law may be cited as the "Amendment to Comprehensive Zoning
By-law 2003-25 (pt Lt 53, Con 'B'; pt Lts 52, 53 & 54, Con 'C', Municipality
of Kincardine [geographic Township of Kincardine)) By-law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 11th day
of October 2006.
~.~
Mayor
SCHEDULE 'A'
Part Lot 53, Concession 'B'; Part Lots 52, 53 & 54, Concession 'C'
Municipality of Kincardine (geographic Township of Kincardine)
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SUBJECT PROPERTY
LANDS TO BE ZONED 'A2-I-H, RESTRICTED AGRICULTURE
SPECIAL HOLDING'
LANDS TO BE ZONED 'EP, ENVIRONMENTAL PROTECTION'
THIS IS SCHEDULE 'A' TO THE COMPREHENSIVE
ZONING BY-LAW NO_ 2006 - 282 PASSED THIS
eleventh DAY OF October. 2006_
MAYOR
CLERK
APPU . KEVIN &: NANCY CRUICKSHANK
c/o CU STA PLANNING CONSuLTANTS INC.
FILE: Z-213-06.21