HomeMy WebLinkAbout06 283 Zon Amend 82-08-Cruickshank
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
BY-LAW
No. 2006 - 283
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 82-08,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
TOWNSHIP 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 Township of Kincardine
has enacted By-law 82-08, a zoning by-law enacted under Section 34 of the said
Planning Act;
AND WHEREAS the Corporation of the Township of Kincardine 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 82-08;
of
Municipality
the
the Corporation of
of
NOW THEREFORE the Counci
Kincardine ENACTS as follows
Schedule 'A' to By-law No. 82-08 as amended, is hereby further amended
by changing thereon from 'A1 - General Agriculture' to 'A1-76-H -
General 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'.
1
.
By-law No. 82-08, as amended, being the Comprehensive Zoning By-law
for the Township of Kincardine, is hereby further amended by adding the
following paragraph to subsection 9.3 thereof:
2
9.3.60 Notwithstanding their 'A l' zoning designation, those lands
delineated as 'A1-76-H' on Schedule 'A' to this By-law may be used
for 'Non-Residential' purposes and may also be used for a
'Commercial Wind Generation System (CWGS)' in compliance with
the 'A l' zone provisions contained in this By-law, excepting
however, that:
the following Definitions shal
12
For the purposes of this By-law
apply:
.
By-law
Page 2
Amendment to Zoning By-law 82-08 (pt Us 52, 53 & 54. Con 'C')
By-law No. 2006 - 283
COMMERCIAL WIND GENERATION SYSTEM (CWGS): means
one or more Wind Generating Systems ('JVGS) , 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 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 uses
transformers
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:
.
UTM Datum
'WGS1' shall be located within +1- 5 metres of
WGS 84, Zone 17, 455,094 E and 4,899,388 N;
UTM Datum
'WGS2' shall be located within +/- 5 metres of
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;
121
An electrical substation shall also be permitted
not exceed
shal
WGS Height'
The 'Maximum Tota
metres (397 feet).
iv
.
,
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
v.
.
By-law
C')
Page 3
Amendment to Zoning By-law 82-08 (pt Us 52, 53 & 54, Con
By-law No. 2006 - 283
the
removed once
The 'H - Holding' provIsion may be
following conditions have been met:
vi
.
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;
a
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 NA V Canada prior
to Second Stage Building Permits being issues for the
Wind Generating Systems.
.
A 'Stage 2 Archaeological Study' has been prepared,
submitted, reviewed and approved by the Ministry of
Citizenship and Cuiture, and any recommendations of the
Report andlor Ministry have been implemented;
c.
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
d
A copy of the Environmental Screening 'Statement of
Completion' has been deposited with the Municipality of
Kincardine.
e
.
the provisions of the
nto force and effect pursuant to
1990.
This By-law comes
Planning Act, R.S.O
3
This By-law may be cited as the "Amendment to Comprehensive Zoning
By-law 82-08 (pt Us 52, 53 & 54, Con 'C', Municipality of Kincardine
[geographic Township of Kincardinej) By-law".
4
No. 2840, dated
DecisionlOrder
APPROVED BY the Ontario Municipal Board
October 31, 2007
this
time and FINALLY PASSED
READ a FIRST, SECOND and THIRD
Day of 2007
Clerk
Mayor
.
SCHEDULE 'A'
Part Lots 52, 53, & 54 Concession 'C'
Municipality of Kincardine(geographic Township of Kincardine}
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MITRES
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[ :=J SUBJECT PROPERlY
~-=-=-_-,-_c..cl LANDS TO BE ZONED 'A 1-76-H GENERAL AGRICULTURE
SPECIAL HOLDING'
~ LANDS TO BE ZONED 'EP, ENViRONMENTAL PROTECTION AREA
THIS IS SCHEDULE 'A' TO THE COMPREHENSIVE
ZONING BY-LAW NO. PASSED THIS
DAY OF
MAYOR
CLERK
RLE: Z-213-2006.21 APPUCANT: KEVIN &: NANCY CRUICKSHANK DATE: OCTOBER, 2007
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
No. 2006 - 283
BEING A BY -LAW TO AMEND ZONING BY-LAW NO. 82-08,
BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE
TOWNSHIP OF KINCARDINE
Kevin & Nancy Cruickshank c/o 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 Township of Kincardine
has enacted By-law 82-08, a zoning by-law enacted under Section 34 of the said
Planning Act;
AND WHEREAS the Corporation of the Township of Kincardine 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 82-08;
NOW THEREFORE the Council of the Corporation of the Municipality of
Kincardine ENACTS as follows:
1.
Schedule 'A' to By-law No. 82-08 as amended, is hereby further amended
by changing thereon from 'A1 - General Agriculture' to 'A1-76-H -
General 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. 82-08, as amended, being the Comprehensive Zoning By-law
for the Township of Kincardine, is hereby further amended by adding the
following paragraph to subsection 9.3 thereof:
9.3.60 Notwithstanding their 'A l' zoning designation, those lands
delineated as 'A1-76-H' on Schedule 'A' to this By-law may be used
for 'Non-Residential' purposes and may also be used for a
'Commercial Wind Generation System (CWGS)' in compliance with
the 'A l' 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 82-08 (pt U 53, Con 'B'; pt Us 52, 53 & 54, Con
'C') By-law
By-law No. 2006 - 283
COMMERCIAL WIND GENERATION SYSTEM (CWGS): means
one or more Wind Generating Systems 0NGS), 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 0NGS)'
shall also be permitted and shall be located as follows:
'WGS1' 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.
iii.
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 82-08 (pt U 53, Con 'B'; pt Us 52,53 & 54, Con
'C') By-law
By-law No. 2006 - 283
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 (1 0) 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 82-08 (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 eo raphic Township of Kincardine
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SUBJECT PROPERTY
LANDS TO BE ZONED 'A 1- 76-H, GENERAL AGRICUl lURE
SPECIAL HOLDING'
LANDS TO BE ZONED 'EP, ENVIRONMENTAL PROTECTION AREA'
THIS IS SCHEDULE 'A' TO THE COMPREHENSIVE
ZONING BY-LAW NO. 2006 - 283 PASSED THIS
eleventh DAY OF October, 2006
MAYOR
CLERK
APPLI : KEVIN " NANCY CRUICKSHANK
c/o CUESTA PLANNING CONSULTANTS INC.
FILE: Z-213-06.21