PLANNING ADVISORY COMMITTEE MEETINGS TUESDAY, MAY 9, 2006 2:30 p.m. COUNCIL CHAMBERS
AGENDAS
PUBLIC PARTICIPATION MEETING
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1. 2. 3. Call Meeting to Order Small-Scale Wind Turbines – File # F-3-133 (C. Fuller) Adjournment 1
PLANNING ADVISORY COMMITTEE MEETING
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1. 2. 3. 4. 5. Call Meeting to Order Approval of Minutes – April 25, 2006 Items to be added to the Agenda Approval of the Agenda Presentation by Dan Wheaton to Permit an Application to Amend the Municipal Planning Strategy and Land Use Bylaw to Permit a Truck Repair Business at 1018 Hwy 12 in Blue Mountain (C. Fuller) 1
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Workplan and Application Update (to be presented at meeting) (C. Fuller)
Council Update (Councillor Newton) Consideration of Consent to Agenda Items / Other Business Other Business Adjournment
(Upcoming Meetings Listed on Back Page)
Upcoming Meetings
1. Public Participation Meeting – Wednesday, May 10, 2006 – 7:00 p.m. – South Berwick Community Centre – 4518 Hwy 1, South Berwick (Berwick Wellfield Protection) – File # F-3-117 (B. Sivak) 2. Public Participation Meeting – Thursday, May 11, 2006 – 7:00 p.m. - L. E. Shaw Elementary School – 486 Oak Island Road, Avonport (Small-Scale Wind Turbines) – File # F-3-133 (C. Fuller) 3. Agricultural District Review Working Group Meeting – Wednesday, May 17, 2006 – 7:00 p.m. – Municipal Council Chambers (C. Fuller) 4. Public Participation Meeting – Thursday, May 18, 2006 – 7:00 p.m. – Kingston Fire Hall – 570 Sparky Street, Kingston (Parsons Investments Ltd.) – File # 05-30 (B. Sivak)
Municipality of the County of Kings Planning Advisory Committee - Public Participation Meeting
Monday, May 8, 2006 at 7:00 p.m. Aylesford Fire Hall 1083 Park Street, Aylesford Tuesday, May 9, 2006 at 2:30 p.m. Municipal Council Chambers 87 Cornwallis Street, Kentville Thursday, May 11, 2006 at 7:00 p.m. L. E. Shaw Elementary School 486 Oak Island Road, Avonport
Application to Amend the Municipal Planning Strategy and Land Use By-law to permit small scale wind turbines
Prepared by Chrystal Fuller
Background The Municipality of Kings is considering adopting amendments to the Municipal Planning Strategy and the Land Use by-law to permit small scale wind turbines within some zones. To assist in this process, the Municipality worked with students from the Dalhousie School of Planning. The students undertook extensive research and conducted stakeholder interviews that were summarized in a report entitled “Small-Scale Wind Turbines: Policy Perspectives and Recommendations for the Municipality of the County of Kings” The report makes a number of recommendations to enable small scale wind turbines, under certain conditions, in fifteen (15) zones throughout the County. The proposed amendments, based on the recommendations made in the report prepared by the students can be found in Appendix A. 1
Public Participation Meeting- Small Scale Wind Turbines
Public Consultation Process and Subsequent Steps
Council, through its Planning Advisory Committee is seeking input on this proposal. Specially, Council is exploring the option of amending the Municipal Planning Strategy to permit small-scale wind turbines in different zones throughout the County. At this meeting, the Planning Advisory Committee is seeking input from the public on this option in order to formulate a recommendation to Council on this issue. The adoption procedure for Municipal Planning Strategy amendments is shown in the shaded box and takes approximately 6 to 8 months to complete.
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Public Participation Meeting- Small Scale Wind Turbines APPENDIX "A"
BYLAW 56 – MUNICIPAL PLANNING STRATEGY 1. Adding the following Section to PART 5 DEVELOPMENT REGULATORY POLICIES: "5.4 SITING OF SMALL-SCALE WIND TURBINES Small-scale wind turbines allow residents to develop and consume on-site energy in an environmentally sustainable fashion. Within Nova Scotia, the County has excellent wind power producing capability. Small-scale wind turbines vary in size, use and rated output capacity, offering the opportunity for on-site energy production and potential energy cost savings. Turbines are compatible with a number of land uses in different zones. Given the potential of small-scale wind turbines in the County, Council will accommodate small-scale wind turbines while ensuring land use compatibility. The Municipality worked with the Dalhousie School of Planning, where students were tasked with researching and exploring issues related to small-scale wind turbines. The students provide a report entitled “Small-Scale Wind Turbines: Policy Perspectives and Recommendations for the Municipality of the County of Kings”. This report, which includes research and interviews with stakeholders, forms the basis for the following policies and enabling Land Use Bylaw provisions. 5.4.1 Small-Scale Wind Turbine Objectives 5.4.1.1 To prevent conflicts with neighbouring uses resulting from indiscriminate placement of small-scale wind turbines. To maintain consistency with and support the urban and rural goals of the Strategy. To control small-scale wind turbines to ensure an acceptable standard of safety and compatibility. To respond to the needs of residents and businesses by providing opportunity for on-site wind power generation.
5.4.1.2
5.4.1.3
5.4.1.4
5.4.2
Small-Scale Wind Turbine Policy 5.4.2.1 Council shall include provisions in the Land Use Bylaw to regulate the use of small-scale wind turbines. Small-scale wind turbine regulations, including limits on the number, type, size, rated output capacity and location, are intended to ensure safety and mitigate conflict with neighbouring uses." 3
Public Participation Meeting- Small Scale Wind Turbines 5.4.2.2 Council shall include provisions in the Land Use By-law requiring the notification of neighbours with a 500 foot radius upon issuance of a development permit for a small scale wind turbine.
BYLAW 75 – LAND USE BYLAW 2. Renumbering definitions "1.130 – 1.152" in PART 1 – TITLE AND DEFINITIONS and adding the following new definition as follows: "1.130 Small-Scale Wind Turbine means a turbine that converts the wind’s kinetic energy into either electrical power or mechanical energy. The turbine comprises the tower, rotor blades and nacelle. It shall have a maximum rated output capacity of no greater than 100 kilowatts, a maximum total height no higher than 170 feet, and a minimum rotor clearance no less than 15 feet from grade. Power-generating small-scale wind turbines primarily provide power for on-site usage; at minimum, 50 percent of generated power must be consumed on-site. 1.130.1 Climbing Apparatus is the ladder located on the turbine tower used for climbing and maintaining the turbine. Decommissioning is the removal of a small-scale wind turbine within one year of inactivity. Kilowatt (kW) is a measure of power for electrical current (1kW = 1,000 watts). Maximum Rated Output Capacity is the maximum power produced by the wind turbine operating at optimal wind speed. Rotor Clearance is the distance between the bottom tip of the blade and the ground. Total Height of Wind Turbine is the total measurement from the base of the turbine to the tip of the rotor blade. "
1.130.2
1.130.3
1.130.4
1.130.5
1.130.6
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Adding the following subsection to PART 3 – GENERAL PROVISIONS FOR ALL ZONES: "3.2.16 Small-Scale Wind Turbines Small-scale wind turbines shall be permitted as an accessory use in M2, M3, M4, M5, M6, M7, A1, F1, S1, S2, CS, R6, R7, R8, O2 Zones subject to the following criteria: a. One small-scale wind turbine shall be permitted per lot. 4
Public Participation Meeting- Small Scale Wind Turbines b. The total height shall not exceed 170 feet. c. The rotor clearance shall be a minimum of 15 feet from grade. d. The setback shall be, at minimum, equal to the turbine’s total height from adjacent lot lines, dwellings, public parking lots and public right-of-ways. e. Setbacks and height restrictions in CS, S1 and S2 Zones shall be equivalent to those set by the Land Use Bylaw for the main building. f. The climbing apparatus shall be a minimum of 10 feet above grade. g. The turbine shall not be mounted on or attached to any other structure. h. The wind turbine shall not be within a 600 foot radius of neighbouring residential dwellings. i. The Municipality shall notify all residents with 500 feet upon issuance of a development permit for a small scale wind turbine. j. In addition to the application for a development permit, the following items are required: • Provide the manufacturer’s information including: type of turbine, total height, rotor diameter, maximum rated output capacity, and Canadian Safety Association certification; Provide a site plan showing the location of the small-scale wind turbine in relation to lot lines, dwelling and distance from adjacent dwellings, showing that the turbine is not within a 600 feet radius of neighbouring dwelling; Submit authorisation documents from Transport Canada and NavCan; and, Submit an Environmental Impact Assessment (only for sites located all or in part in an O2 Zone).
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k. There shall be no signs, advertisements or objects attached to or added to the turbine. 3.2.17 The owner shall remove the small-scale wind turbine from the lot following one year of inactivity. A new application shall be submitted and approved before a new turbine is installed or a wind turbine is restarted after the expiration of the one year period. All supporting structures shall be removed within 60 days of the date of notification by the County."
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Public Participation Meeting- Small Scale Wind Turbines 4. Adding the following to subsection 7.3.2 Permitted Uses of Section 7.3 HEAVY INDUSTRIAL (M2) ZONE: "Small-Scale Wind Turbines" 5. Adding the following to subsection 11.1.2 AGRICULTURAL (A1) ZONE: "Small-Scale Wind Turbines" 6. Adding the following to subsection 11.2.2 FORESTRY (F1) ZONE: "Small-Scale Wind Turbines" 7. Adding the following to subsection 13.1.2 Permitted Uses of Section 13.1 AGRICULTURAL INDUSTRIAL (M3) ZONE: "Small-Scale Wind Turbines" 8. Adding the following to subsection 13.2.2 RESOURCE INDUSTRIAL (M4) ZONE: "Small-Scale Wind Turbines" 9. Adding the following to subsection 13.3.2 Permitted Uses of Section 13.3 HAMLET INDUSTRIAL (M5) ZONE: "Small-Scale Wind Turbines" 10. Adding the following to subsection 13.4.2 Permitted Uses of Section 13.4 SALVAGE YARD INDUSTRIAL (M6) ZONE: "Small-Scale Wind Turbines" 11. Adding the following to subsection 14.1.2 Permitted Uses of Section 14.1 COUNTRY RESIDENTIAL (R6) ZONE: "Small-Scale Wind Turbines" 12. Adding the following to subsection 14.2.2 Permitted Uses of Section 14.2 HAMLET RESIDENTIAL (R7) ZONE: "Small-Scale Wind Turbines as an accessory to agricultural and forestry uses" Permitted Uses of Section 13.2 Permitted Uses of Section 11.2 Permitted Uses of Section 11.1
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Public Participation Meeting- Small Scale Wind Turbines 13. Adding the following to subsection 14.4.2 Permitted Uses of Section 14.4 SEASONAL RESIDENTIAL (S1) ZONE: "Small-Scale Wind Turbines conditional to same height and setback requirements as main building" 14. Adding the following to subsection 14.5.2 Permitted Uses of Section 14.5 FUTURE SHORELAND (S2) ZONE: "Small-Scale Wind Turbines conditional to same height and setback requirements as main building" 15. Adding the following to subsection 14.6.2 Permitted Uses of Section 14.6 COASTAL SHORELAND (CS) ZONE: "Small-Scale Wind Turbines conditional to same height and setback requirements as main building" 16. Adding the following to subsection 14.7.1 Uses Subject to Conditions of Section 14.7 COUNTRY RESIDENTIAL RESORT COMPREHENSIVE DEVELOPMENT (R8) ZONE: "Small-Scale Wind Turbines as an accessory use" 17. Adding the following to subsection 16.1.2 Permitted Uses of Section 16.1 RESOURCE EXTRACTION (M7) ZONE: "Small-Scale Wind Turbines" 18. Adding the following to subsection 18.4.2 Permitted Uses of Section 18.4 WATER SUPPLY (O2) ZONE: "Small-Scale Wind Turbines" 19. Adding the following new subsection 18.4.7 Small-scale Wind Turbines to Part 18, Section 18.4 WATER SUPPLY (O2) ZONE and renumbering the existing 18.4.7 as 18.4.8: "18.4.7 Small-Scale Wind Turbines All small-scale wind turbines shall be subject to an Environmental Impact Assessment satisfying the Nova Scotia Department of Health and the Nova Scotia Department of Environment and Labour."
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Public Participation Meeting- Small Scale Wind Turbines
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Context Report
To: From: Date: RE: Planning Advisory Committee Chrystal Fuller May 9th, 2006 Request for an MPS amendment by Dan Wheaton
Issue
Dan Wheaton is seeking permission to submit an MPS amendment in order to permit a truck repair shop on his property.
Background
The 25.91-acre property is located at 1018 Highway # 12 in Blue Mountain. The property is designated Country Residential and zoned R-6. There are specific policies and by-laws in the MPS and LUB that restrict car and truck repairs from the R-6 zone; therefore, Mr. Wheaton is not able to place a truck repair business on his property. Mr. Wheaton is requesting that Council amend the MPS and the LUB to permit a truck repair business
Options:
1. Permit Mr. Wheaton to submit an MPS amendment application. Upon receipt of the application, staff will draft an options report for PAC’s consideration. 2. Reject Mr. Wheaton’s request to submit an MPS application.
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