HomeMy WebLinkAbout02 003 amend zon opgwindturbine
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THE CORPORATION OF THE MUNICIPALITY OF KINCiINE
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BY-LAW
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No. 2002 . 03 I
BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 76-1 ,BEING THE
COMPREHENSIVE ZONING BY-LAW FOR THE TOWNSHI OF BRUCE
(ONTARIO POWER GENERATION LOT D, CONCESSION 5), MUNICIPALITY
OF KINCARDINE (FORMER TOWNSHIP OF BR CE)
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WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chap~er 13 authorizes
the Councils of Municipalities to enact and amend zoning by-lar'S which comply
with an approved official plan; !
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AND WHEREAS the Council of the Corporation of the Municip lity of Kincardine
has enacted By-law 76-13, a zoning by-law enacted under Sect on 34 of the said
Planning Act;
AND WHEREAS the Council of the Corporation of the Municip lity of Kincardine
desires to amend by-law 76-13;
NOW THEREFORE the Council of the Corporation of th$ Municipality of
Kincardine ENACTS as follows: !
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1. Schedule 'A' to By-law No. 76-13 as amended, is hereby urther amended
by changing thereon from 'Energy Centre Industrial' and Hazard'to
'Energy Centre Industrial Special' and 'Hazard', the zoni g designation of
those lands described as Lot D, Concession 5, Municipal ty of Kincardine
(former Township of Bruce) which are outlined on the att ched Schedule
'A'.
2. By-Law No. 76-13, as amended, being the Comprehensi e Zoning By-Law
for the Township of Bruce, is hereby further amended by changing the
following paragraphs 13.1.3 to subsection 'e' to read as lIows:
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13.1.3 r·
e) Notwithstanding their 'Energy Centre Industrial' zonin designation, the
lands delineated as 'Energy Center Industrial Special on Schedule 'A'
to this By-Law may be used for: I
. commercial generating system (wind turbine oÞeration)
purposes in accordance with the 'Energy Centre Industrial' zone
provisions contained in this by-law, !
. for agriculture-related purposes in accordance¡ with the 'Rural-A'
zone provisions contained in this by-law,
excepting however that:
(i)
(ii)
(iii)
maximum height of the turbine towers shal be 150 metres,
including the rotor radius.
minimum setback of the turbine towers sh~1I be 50 metres.
all future development must comply with tie requirements of
the by-law.
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By-Law No. 2002 - 03
Amendment to By-law 76-13 (Lot D, Con, 5, Ward 3).
Page 2
3.
That the following lands are hereby subject to Site Plan 90ntrol:
(i) Those lands within the 'Energy Centre Indu~trial
Special' zone, described as Lot D, Conces ion 5,
~~niciPality of Kincardine and attached as I chedule
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That no person shall undertake any development unleSS~he Municipality
of Kincardine has approved of plans, drawings, agreeme ts and other
matters referred to in Section 41 of the Planning Act, RS O. 1990, or has
passed a By-law exempting the development from such orks.
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This By-law takes effect from the date of passage by C04ncil and comes
into force and effect pursuant to the provisions of the Pla~ning Act, RS.O.
1990. ¡
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This By-law may be cited as the "Amendment to By-law ~6-13 (Lot D,
Con. 5, Ward 3). ¡
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Read a FIRST, SECOND and a THIRD time and FINALLY PASSED this 16th
day of January 2002. '
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SCHEDULE 'A'
Lot D. Concession 5,
Municipality of Kincardine(former Township of Bruce)
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SUBJECT PROPERTY
lANDS TO BE ZONED 'ECI, ENERGY CENTRE INDUSTRIAL SPECIAL'
lANDS TO BE ZONED 'H - HAZARD'
THIS IS SCHEDULE 'A' TO THE COMPREHENSIVE
ZONING BY-LAW NO. 2002-03 PASSED THIS
16m D~ J 2
MAYOR
CLERK
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MIE: J/I1IIfIIOIJ 2002
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DATE:
0687
PL020164
, May 29, 2002
DE¢ISIONIORDER NO:
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Integrated Energy Development Corp. has appealed to the Ontario Municipal Board under
subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against'looing By-
law 2002-03 of the Municipality of Kincardine
OMS File No. R020037
APPEARANCES:
Parties
Counsel*/Aaent
Ontario Power Generation
M. Flynn-Guglietti*
Integrated Energy Development
Corp.
J. Cook
MEMORANDUM OF ORAL DECISION DELIVERED BY J. R. MILLS
ON MAY 2.2002 AND ORDER OF THE BOARD
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By-law 2002-03 would allow Ontario Power Generation (OPG) to establish a
"wind farm" on its lands which are presently zoned for commercial greenhouse use (By-
law 88-5).
On consent, OPG went first and its counsel called the County's Director of
Planning, in support of the by-law. At the conclusion of his evidence, which was not
cross-examined by the appellant's agent, the Board asked several questions of the
witness as they applied to the latest correspondence from the appellant to OPG's
counsel dated April 22, 2002 (Exhibit 2, Tab 30) which is appended to this decision as
Attachment 1. It appeared that a settlement was possible if the commercial
greenhouse use was deleted from the by-law.
After a brief adjoumment, counsel for OPG advised the Board that the deletion of
.. . I the commercial greenhouse use was agreeable to her client and Mr. Cook d\..~
Board that subject to that amendment to the by-law before the Board ÐÇ~, ~
would withdraw from the hearing. Counsel for OPG requested the oppo . ~ ~a~1.! ..
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to costs before the hearing concluded. Costs were argued. :¡ ~ 0 ~
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PL020164
The Board accepts the uncontradicted evidence of the County's Director of
Planning that the by-law now before it conforms to the Official Plan and Provincial Policy .
Statement and represents good planning.
_ c.-..J"~r(t will therefore allow the _ appeal in part and will amend By-law 76-13
with By-law 2002-03 as shown at Exhibit 2, Tab 25 which has been amended by the
Board in Section 13.1.3 by adding (i) greenhouses are not a permitted use and
renumbering (i)(ii)(iii) to (ii)(iii) and (iv). The by-law as amended will be Attachment 2 to
this decision. The Board so orders.
Were it not for the appellant's letter to OPG's counsel of April 22, 2002, the
Board would have had no hesitation in awarding substantial costs against it. The Board
believes that in light of this letter, this hearing could have been avoided. There will be
no order as to costs.
There is no question that there is bad blood between the parties which has
. existed for some time. The Board cautions the appellant that this is the second time it .
has appeared at the Board and in the future any municipal planning challenges better
be supported by professional planning evidence.
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"J. R. Mills"
J. R. MILLS
MEMBER
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ATTACHMENT 1
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iNTEGRATl1D ENERGY
DEVELOPMENT CORP.
Pl020164
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P.o. 13~ 269, )(incaJ'd,Ü'\fI, OnœrlO N2Z 2Y7 Phone: (519)S68-5S56 Fox: ~1 ~E6U .:
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v~ F~ (4J6) 86S-7D48 (2 pages)
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aJ)' FI,ÝD:D-Gu .
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Œ3~ & SOlfcitDra
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Dear MS. MBrY. Fl)':!l11-Gugliem:
Re: MuniclpaJlry of~c.ardiDe D)'-L.,.r 2002-03
III J_~e to the &pedJ5cs oulliDed ÍD your AprilS, 2002 Jetter, please be að~~:. .
. IjntegJ1lted Energy D.rveJopme.n1 Corp.·s (IEDC)-lexisting Greenhouse is œeJosed with ·,2lS",Ilùck.-
. _ IFP~ glasS OD the roc>f and .125" (doub1e g1l!2.ed) \J!11empcred glass on side ana cad ~aIls. ;
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i Appn>xünatc:Jy fort)' (40) employees ÍDel~ ID&n!IgemerJf and ~"'",;nil:tratioø ø ~tø~ '
aiD aVCTage:with seVà-a1 working outside Ibe ~ouse wpptoximaœly fifty (SO) hoUri p~nio~' :
*,DlMøy Ihroq.gb N~vember. . :
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. AJ¡bw:kuo~our appeal w Dy-Law 2002;.03 is not founded on a COIJCCJ11 farice....~~cct;Iþ
from the Pr?ÞOsed 'Wù>d fam¡ damaging our ~S,tÎI:Jg Gm:nhouse str¡¡clure or causÌÐg~wr..'ÌÞ '?!zr'
ployees. The separa1ian of our existing Gn>enbouse .from the subject lands to :By-I.ini:2002-:P3
b e 6ign!:fj,lID1Iy Widc:IJed municipal !'Dad aJloWlll:1cc SDd an appn>pnete sel-baclC of.p~~
, CD the !!\Jbjc:ct lands will alleviate in ,ODe . this regard,
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: For clarity: ~C's appeal to By-Lsw 2002.:03 I, founded on the wiDd·feniJ deve!~~.. .
action 10 use laDd-use planIDng provisions to lag¡whaf is ck/¡rly AD incompatible use Ôf~M onto
lID ~ting pemlÌtte4 use of l/lnd. .
Aß additional inf.ormarloD. IEDC nrDng1y endorses hMvestin& w5nd for n:n~J,,~e!V
I1cpCl1ltiol:l. TherefoR; hsrl the subjecllands nót :been zoned for greenhouse deveJopnÌ:atµa
~oI1Be to'1be win4~farm developer's prnioU& initiative, IEDC w9"Jd "lilt þ~v.c.pònsi~
realing By.Ùlw 2002..03. . . . .
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! HÞ~e'\Icr; ]µ¡~8 p\ImJUI the e.steblidnnenl ;of a major greenbouse inpUBby ìd:t¥~' .'. . .
Enþgy Centre'anD mtegral part ora ßUljor ereigy mtensiVe indu..'"1rial developm,ei1~.~.a:~'
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!hat the perm.iIi..a:! u5.e òf thi: subject lIInd5 5bcu1d~ ei~,!:t for szeer¡ÞO\lse òev"I~·..it ~~ ..
~_dcvclOJ:lIDent, but net both. Further, IEDC 1ie1ieves tn8t =-\151' pC:I1DHUUJ, aIJOnIc;ca Þy!:be
Planning AC\ IIDÒ c:ñ..cted by the Municipality, sbould be JDen ""mprchcn5ivcly ~~ior
coxopatìblc w.ea, partic.ularly whc.n the pl1:>poDCDt is ()¡¡Uirlo Fower Generation IDe: adini in its a
recent!)' ~lisbed 1brin. ..
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~ "~I\g_-"v :5~I\II)'OUl AprilS, ZQ02 ~md further 'clarifies æDC!. ponïioÌi as .
dC5Cribed in its Fc'bruæ)l II, 2002 lenet 10 the Municipality of KmcliTdine, J r>=..I';. . . . .
Yo\lI'S 1ruly,
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ATTACHMENT 2
PL020164
By-Law No. 2002 - 03
Amendment to By-law 76-13 (Lot D, Con, 6, Ward 3).
. Page 2
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3. That the following 1ands are hereby subject to Site Plan Control:
(I)
Those lands within the 'Energy Centre Industrial
Special' zone, described as Lot D. Concession 5, .
Municipality of Kincardine and attached as Schedule
'A'. .
4. That no person shaU unde~ake anydeveloPl11ent unless ~e Municipality
of Klncard!ne has approved of plans, tfrawlngs, asreements arid ot~er
matters referred to In Section 41 of the Planning Act, R.S.D. 1990, or has
passed a By-law exempting the development fl"9m ~uch works.
This By.-Iaw takes effect from the date of passage by Council and comes
Into force and I'Iffect pursuant to the provisions of the Planning Act, R.S.O.
1990.
5.
6. This By-law may be cited as the "Ainendment to ßy-Iaw 78-13 (Lot D,
, Con. 6, Ward 3).
Read a FIRST. SECOND and a THIRD time and FINALLY PASSED this 1611\
day of January 2002.
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Clark
.1 Cert/Itfd to be a 11\18 IIId
~pHHecoPyofB~Law
NUmber J^O:l.- 0'3 .
Þ,Y the (ìQIJII~1 01 TIle Cor~~:~:
o Ihl MuniCipality, 01 KIncardine
oJ! Aha. II..!}-I:. day of
_f _rJv.~ _ . :1-001-
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Bob'Waram
Depuoy CAOIDcpuoy Clcok
Municipnl,f" fit Kinçardino