HomeMy WebLinkAboutPSD-096-07
CI~mglOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Date:
Tuesday, September 4, 2007
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
"Kesolvt~iOn -#qPII -5//-07
By-law #: J-,oCJ7- J 8lf-
PSD-096-07
File #: ZBA 2007-0035
Meeting:
Report #:
Subject:
SOLAR ENERGY GENERATION FACILITY
APPLICANT: HYBRIDYNE POWER SYSTEM CANADA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-096-07 be received;
2. THAT provided there are no major issues raised at the Public Meeting, the application
for Zoning By-law Amendment (ZBA 2007-0035) submitted by Hybridyne Power System
Canada to change the zoning category of 10.5 acres land from "Agricultural (A) Zone" to
"Agricultural Exception Zone A-aO" to allow the proposed solar energy generation facility
and that the By-law contained in Attachment 2 to Report PSD-096-07 be PASSED; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
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Franklin Wu,
Chief Administrative Officer
JW/COSIDJC/df
20 August 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-096-07
PAGE 2
1.0 APPLICATION DETAILS
1.1
Applicant:
Hybridyne Power System Canada
1.2
Owner:
Blaise Pucci
1.3
Proposal:
2 Mega Watt solar photo voltaic grid-connected renewable
electricity generation plant (solar energy generation facility)
1.4
Area:
10.5 Acres
1.5
Location:
Part Lot 19, Concession 2, former Township of Clarke
2.0 BACKGROUND
2.1 On June 15, 2007, Mr. Thomas Cleland, on behalf of Hybridyne Power System
Canada, submitted an application for a Zoning By-law Amendment to allow for the
development of a solar energy generation facility in 10.5 acres of subject land.
2.2 Prior to making the above application, the applicant had a pre-consultation meeting
with planning staff on the proposal on February 23, 2007.
2.3 The Municipality held a public meeting on July 30, 2007 for this re-zoning application
and at the subsequent council meeting on the same day, approved and passed the
by-law to change the zoning designation to allow this development. Please refer the
Attachment 3 which is the copy of the report (Report No. PSD-089-07) approved by
Council at the previous meeting on July 30, 2007.
2.4 The Planning Department was notified that some residents who live within 120 meters
distance to the subject property did not receive the public notice for the GP&A meeting
as required by the Planning Act. The Municipality did confirm that this was due to a
technical error in preparing the mailing list of public notices. .
2.5 On August 3, 2007, the Municipality informed the applicant that there was an error in
the mailing list and due to this 47% of the land owners (residents) within a distance of
120m from the subject land did not receive the public notices. The applicant was
notified in writing that a statutory public meeting should be held to obtain the resident's
comments on this application by re-mailing the public notices to all land owners within
a 120m distance from the subject property in order to fulfill the Planning Act
requirements.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 On August 3, 2007, pursuant to the requirements of the Planning Act, the appropriate
notice was mailed to each landowner within the prescribed distance of 120 metres from
REPORT NO.: PSD-096-07
PAGE 3
the subject property. The appropriate signage, acknowledging the application, was
originally installed on the subject lands on June 30, 2007.
3.2 Together with the notices, a letter signed by the Director of Planning Services
Department notifying the error in mailing the public notices for the previous public
meeting and the proposed Zoning By-law amendment were also sent to the each land
owner.
3.3 Two residents spoke at the previous public meeting on July 30, 2007 and commented
that additional trees are required in the buffer zone. The applicant has made a
commitment to work with the neighbours on these issues through the site plan process.
3.4 One resident in Brownsville phoned to inquire on the details of the proposed project. No
other comments or objections to the application were received.
4.0 STAFF COMMENTS
4.1 Since the time of the previous public meeting, staff has received no objections to the
proposed development. Considering the public comments and staffs planning review of
the proposal, as outlined in the previous Report PSD-089-07, staff recommends that the
application be approved.
5.0 CONCLUSIONS
5.1 In consideration of the comments received from the circulated agencies and the public
before and after the previous public meeting held on July 30, 2007 and our planning
review of the proposal, it is recommended that the application for Zoning By-law
Amendment (ZBA 2007-0035) submitted by Hybridyne Power System Canada to
change the zoning of 10.5 acres of land to allow the proposed solar energy generation
facility be passed.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
Attachment 3 - Copy of the Report No PSD 089-07 submitted to the Council Meeting on July
30,2007
List of interested parties to be notified of Council's decision:
Dan Boudreak
Michael McLenon
Steve Whyte
Jim Bargent
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Attachment 1
To Repo_rtflSD:096-07
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Attachment 2
To Report PSD-096-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS lhe Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84~63, as amended, of the former Town of Newcastle in accordance with application
ZBA 2007-0035 to permit a photovoltaic grid connected electricity generation plant (a solar energy
generation facility) development as a permitted use;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That By-law 2007-172 be repealed.
2. Section 6.4"- Special Exceptions - Agricultural (A) zone" is hereby amended by introducing a
new sub-section 6.4.80 as follows:
"6.4.80 AGRICULTURAL EXCEPTION (A-80) ZONE"
Notwithstanding Section 6.1, 6.2 and 6.3 those lands zoned A-80 on the Schedules to this By-
law shall only be used for a farm or a photovoltaic grid-connected electricity generation facility
subject to the following definitions and zone regulations:
a) Definitions
i) Coniferous Plantina Strip
A landscape feature comprised of coniferous tree species planted in such a
manner as to visually screen the view of one property from the adjacent property.
b) Regulations
i) Front Yard Setback (minimum) 75 m
ii) Rear Yard Setback (minimum) 10 m
iii) Interior Side Yard Setback (minimum) 10 m
iv) Lot Area (maximum) 5 ha
v) Total Floor Area of Buildings (maximum) 250 sq m
vi) Planting Strip Requirements
A coniferous planting strip shall be required along the south and east limits of the
solar panels.
3. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone
designation from "Agricultural (A) Zone" to "Agricultural Exception (A-BO) Zone", as illustrated on
the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall form part of this By-law.
5. This By~law shall come into effect on the date of the passing hereof, subject to the provisions of
Section 34 of the Planning Act.
BY -LAW read a first time this
day of
2007
BY -LAW read a second time this
day of
2007
BY -LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007-
passed this day of .2007 A.D.
Remainder of Lands Owned by Applicant
PHASE 2
2311 PANELS
PHASE 'I.
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DURHAM HIGHWAY 2
~ Zoning Change From "A" To "A-80"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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Attachment 3
To Report PSD-096-07
REPORT
PLANNING SERVICES
PUBLIC MEETING.
Cl!J!illgron
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 30, 2007
Report #: PSD-089-07
File #: ZBA 2007-0035
By-law #:
Subject:
SOLAR ENERGY GENERATION FACILITY
APPLICANT: HYBRIDYNE POWER SYSTEM CANADA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
;. THAT Report PSD-089-07 be received;
2. THAT provided there are no major issues raised at the Public Meeting, the application
for Zoning By-law Amendment (ZBA 2007-0035) submitted by Hybridyne Power System
Canada to change the zoning category of 10.5 acres land from "Agricultural (A) Zone" to
"Agricultural Exception Zone A- 80" to allow the proposed solar energy generation
facility and that the By-law contained in attachment be PASSED; and,
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Creme, M.C.I.P., R.P.P.
Director of Planning Services
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Reviewed by:
Franklin Wu,
Chief Administrative Officer
JW/COS/DJC/df/shfjd
July 24, 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
601
PAGE 2
REPORT NO.: PSD-089-07
1.0
1.1
APPLICATION DETAILS
Applicant:
Hybridyne power System Canada
1.2
Owner:
Blaise Pucci
1.3
Proposal:
2 Mega Watt solar photo voltaic grid- connected renewable
electricity generation plant (solar energy generation facility)
10.5 Acres
1.4
Area:
1.5
Location:
Part Lot 19, Concession 2, former Township of Clarke
2.0 BACKGROUND
2.1 On June 15, 2007, Mr. Thomas Cleland, on behalf of Hybridyne power System
Canada, submitted an application for a Zoning By-law Amendment to allow for the
development of a solar energy generation facility in 10.5 acres of subject land.
2.2 Prior to making the above application, the applicant had a pre-consultation meeting
with planning staff on the proposal on February 23,2007.
2.3 As part of the application, the applicant submitted the following documents/studies:
. Agricultural Land Impact Analysis Report dated June 14, 2007 prepared by
Toombs Consulting.
. Conceptual Site Plan Drawing dated June 12, 2007, prepared by IBI Group.
. Grading and Drainage Plan dated June 14, 2007, prepared by Jacques Whitford.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is currently vacant. The subject property is characterized by bush vegetation
and a few trees (see figure 1). To the south, seven existing residential buildings on
Highway 2 and one residential building on Brownsvil!e Road back on to the subject
land. To L'"Ie east, ten residential buildings front on Brownsville Road opposite to the
subject property. The north and west sides of the property face to the existing farm
lands.
PAGE 3
REPORT NO.: PS1J.089-07
FIGURE 1
A view of the development site from Brownsviile Road
FIGURE 2
The view of the Southeast corner of the development site from Brownsville Road
PAGE 4
REPORT NO.: PSD-089-07
3.2 The surrounding uses are as follows:
North -
South -
East
West -
Existing farm land and Golf Course
One and two storey residential buildings
Brownsville Road and existing residential buildings
Existing farm land and residential buildings
4.0 PROVINCIAL POLICIES
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) states that increased energy supply should be
promoted by providing opportunities for energy generation facilities to accommodate
current and projected needs, and the use of renewable energy systems and
alternative energy systems, where feasible. These energy systems are to be permitted
in settlement areas, rural and prime agricultural areas in accordance with the
provincial and federal requirements. In rural areas and prime agricultural areas, these
systems should be designed and constructed to minimize impacts on agricultural
operations.
The PPS also say that prime agricultural areas (where prime agricultural lands
predominate) shall be protected for long-term use for agriculture. Specialty crop areas
shall be given the highest priority for protection, followed by Classes 1, 2 and 3 soils,
in this order of priority. Proposed new secondary uses and agriculture related uses
shall be compatible with, and shall not hinder, surrounding agricultural operations.
New land uses shall comply with the minimum distance separation formula.
The proposed solar energy generating facility would contribute to the removal of the
land from an agricultural area. Municipalities may only exclude land from prime
agricultural areas for limited non-residential uses provided that:
the land does not comprise a specialty crop area;
there is a demonstrated need within the planning horizon provided for additional
land to be designated to accommodate the proposed use;
there are no reasonable alternative locations which avoid prime agricultural areas;
and,
there are no reasonable alternative locations in prime agricultural areas with lower
priority agricultural lands.
4.2 Greenbelt Plan
.
.
~
.
The Greenbelt Plan designates the lands as Protected Countryside area and the
subject land is subject to the Rural Areas policies under the Agricultural System.
The Natural Heritage System Policies state that new developments or site alteration
as permitted by the policies of Official Plan shall demonstrate that there will be no
negative effects on key natural heritage or hydraulic features, connectivity between
key natural features are enhanced, removal of other natural features should be
PAGE 5
REPORT NO.: PSD-089-07
avoided and the disturbed area of any site does not exceed 25 percent, and the
impervious surface does not exceed 10 percent, of the total development area,
The proposals for non-agricultural uses must demonstrate that the use is appropriate
for location in a rural area and there are no negative impacts on the biodiversity or
connectivity of the Natural Heritage system.
The subject land lies entirely within the Greenbelt, but is not located in proximity to the
natural heritage system. The site falls outside the regulatory 120 m key hydraulic or
natural area buffer zone. The site is generally level thus it experiences significantly
little runoff even during larger precipitation events. No earth moving is required for the
proposed development and there will be no negative impacts on the natural heritage
system.
4.3 Provincial Growth Plan
The Growth Plan states that the Municipalities are encouraged to plan for a variety of
cultural and economic opportunities within rural settlement areas and the development
outside of settlement areas, may be permitted in rural areas, if they can not be located
in settlement areas.
Municipalities will develop and implement official plan policies and other strategies in
support of energy conservation including identification of opportunities for alternative
energy generation and distribution. The proposal meets the policies of the PPS,
Greenbelt, and the Provincial Growth plan.
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands as 'General
Agricultural Area'. General Agricultural areas shall be used predominantly for
agriculture and farm related uses. In addition, non-agricultural uses, such as riding
and boarding stables, kennels, allotment gardens and fur and sod farms, may be
permitted, provided thai such uses are compatible with their surroundings, will not
conflict with agriCUltural activities, and conform with the Agricultural Code of Practice.
The policies restrict the development of the lands with class 1 to 4 soils as defined by
Canada Land Inventory Soil Capability Classification for AgriCUltural Capability.
The development of electric power facilities is to occur in an orderly manner to
facilitate the efficient and reliable provision of adequate electric power. Electric power
facilities are permitted in all land use designations, provided that the planning of all
such 'facilities satisfies the requirements of the Environmental Assessment Act and is
carried out having regard to the other policies of this plan. The proposal conforms to
the Durham Regional Official Plan policies.
REPORT NO.: PSD-089-07
PAGE 6
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the land as General Agricultural Area and they
shall be predominantly used for farm and farm related uses including the use of land,
buildings and structures for nurseries, the growing of crops and raising of livestock.
Home-based occupations, limited home industry uses, seasonal farm produce stands
are penmitted provided the produce is grown locally.
In-addition, lands may be used for farm related industrial/commercial uses such as
grain drying, bulk storage and the sorting of produce, farm co-operatives, livestock
sale barns, abattoirs, animal husbandry services and far machinery sales and repair.
The Official Plan states that such penmitted uses:
.
Are compatible with the existing and/or designated land uses in the surrounding
areas and do not generate excessive amounts of odour, traffic and other
nuisances;
Do not conflict with surrounding agricultural operations
Are not located on Class 1 or 2 soil as defined by the Canada Land Inventory of
Soil Capability for Agriculture
Conform with the Minimum Distance Separation Formulae
Do not abut any designated rural settlement areas.
.
.
.
.
Although the Clarington Official Plan policy on Utilities states that new electrical
generation stations proposed by private corporations shall only be permitted by
amendment to the official plan, it does not specifically speak to a solar energy
generation facility, which is significantly different than typical electrical generation
stations in terms of building mass, visual impact, infrastructure demand, etc. Generally,
the visual character of this kind of small scale solar panel farm would be much similar to
a green house/nursery development which is permitted in the current Clarington Official
Plan. The nature of the type of use proposed is passive; the type of use does not
introduce or attract human activity. The proposed location for the solar energy
generation facility at the south east corner of the block of existing farm land does not
fragment the existing field patterns.
5.0 ZONiNG BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands as Agricultural (A) Zone and permits a
single dwelling, home occupation uses, cemeteries and places of worship, conservation
and forestry, a farm, a wayside pit or quarry, commercial kennels (existed prior to June
28, 2004), fur farms, riding and boarding stables, seasonal farm produce sales outlet
and private kennels.
The Zoning By-law does not permit the proposed use and therefore this requires an
Amendment to the By-law.
PAGE 7
REPORT NO.: PSD-089-07
7.0 CLARINGTON CORPORATE STRATEGIC PLAN
7.1 The Clarington Corporate Strategic Plan adopted by Council in June 2007 promotes
alternative energy technologies and recommends giving high priority to the development
applications that support alternative energy technologies.
8.0 SUMMARY OF BACKGROUND STUDIES
8.1 An Agricultural Lands Impact Analysis Report has been provided to support the
application. The findings of the report are as follows:
. The development does not take any farmland out of production.
. There will be little disturbance to the land and no foreseen conflicts or impacts with
any abutting agricultural uses.
. Development complies with the Minimum Distance Separation requirements.
. The site is not considered as a prime agricultural area as defined by Provincial
Policy Statement.
. There are no anticipated conflicts with the surrounding agricultural uses.
9.0 PUBLIC NOTICE AND SUBMISSIONS
9.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands on June 30,2007. The
appropriate notice was mailed to each landowner within the prescribed distance of 120
metres from the site on June 29, 2007.
9.2 Three residents in Brownsville had phone inquiries on the proposed project. One
person commented that the security fencing should be installed around the solar panel
construction area, and not along the property boundary. Furthermore, he mentioned that
an intensive tree screening should be required along the south boundary of the property
to deal with the negative visual impact due to the development.
10.!) AGENCY COMMENTS
10.1 The application was circulated to relevant agencies on June 20, 2007 and the following
comments were provided.
.
Clarington Engineering Department had no objection to the application.
following technical issues will be dealt with as part of the site plan process.
The
o A small ditch to be installed along the southern extent of the proposed site
on the northern side of the tree buffer must be clearly shown.
o The details of the proposed fencing should be provided and the costs
related to the construction of an entrance/access to the subject property
from Brownsville Road will be the responsibility of the developer.
REPORT NO.: PSD-089-07
PAGE 8
11.0
11.1
11.2
11.3
.
Clarington Building Division has no objections to this application and the applicant
will be requested to pay the required municipal and regional development charges
on the enclosed solar inverters to be enclosed in shipping containers.
.
The Durham Regional Planning Department has provided following comments:
'The solar power facility is proposing to generate two megawatts of power on ten
acres of an uncultivated portion of an agricultural property; the remainder of the
property is being actively farmed. The proposal is permitted within the Regional OP
General Agricultural designation and is exempt from EM requirements. Both the
PPS and the Growth Plan support renewable energy systems in rural areas. An
impact analysis submitted in support of the application indicates that agricultural
operation will not be impacted. A Regional Official Plan Amendment is not required
and we have no objection to the proposal".
.
The Regional Health Department commented that they have no objections.
.
The Hydro One has no objection to this application.
STAFF COMMENTS
The Durham Regional Official Plan supports these type of uses and states that electric
power facilities are permitted in all land use designations, provided that the planning of
all such facilities satisfies the requirements of the Environmental Assessment Act and is
carried out having regard to the other policies of this plan. The Clarington Official Plan
did not contemplate commercial scale solar energy generation facilities but this project
supports the sustainability objectives of the Plan and it is reasonable to consider this as
a desirable use with minimal impact on surrounding uses.
Under the new Environmental Assessment (EA) requirements for electricity projects, the
Ministry of Environment has classified electricity projects based on the type of fuel to be
used, the size and, in some cases, the efficiency of the planned facility. There are three
categories of projects, each with different requirements. Category 'A' projects are those
which are expected to have minimal environmental effects. The Solar Energy
generation projects are classified as Category 'A'. These projects do not require
approval under the Environmental Assessment Act, and are not designated as being
subject to the Act in the Electricity Projects Regulation. Also the applicant has stated
that the proposed project has the transformer station capacity less than 115 KV, and
therefore this does not require Certificate of Approval.
The subject land is not being farmed and it is not a part of a specialty crop area. As per
the agricultural assessment report prepared by Toombs Consultants, the Canada Land
Inventory mapping indicates that the eastern 70% of the site is a Class 4 soil with
stoniness limitations and the western 30% portion is a complex of 70% class 1 and 30%
class 3 soils with topography limitations. Therefore the majority of the site is not prime
agricultural soil. The proposed use is justifiable in terms of the Provincial Policy
Statement.
REPORT NO.: PSO-OB9-07
PAGE 9
11.4 Through a review of aerial photos since the 1980's, it was determined that the land has
not been farmed for more than 20 years. As such, trees and other scrub vegetation
have started to grow on the lands. This development will not take current farm lands
out of production. The development is proposed in such a way that the physical
disturbance to the land is minimal. The solar panels are to be fixed to the ground by
steel poles directly driven into the soil and no concrete pad construction is proposed on
the site. There will be no construction of any structures such as office buildings on the
site and five containers which house solar invertors are to be placed on the ground. The
applicant proposes that after anchor post and solar panel installation, the site will be
generally reseeded with a shade tolerant grass mixture to reduce future soil loss and
erosion from runoff. Therefore, if the development was decommissioned, the land could
revert back to lands for farming without much effort. In that case, the entire solar
photovoltaic system will be disassembled and removed from the site and steel support
structure will be dismantled. Any concrete foundations and electrical conduits will be
disposed of and all road ways will be removed and necessary methods will be taken to
rehabilitate the soils to resume agricultural operations.
11.5 The visual disturbance to the adjacent residential land owners will be minimized by
providing a screening with landscape buffer zones. Coniferous and other trees will be
planted in the south and east boundaries. It is the applicant's intent to relocate many of
the existing trees in the subject property within the buffer zone and maintain Ulenl to
ensure their survival. Due to the relatively low height of the panels (1.5m from the
ground), visual impact is expected to be minor.
11.6 The site is developed with a graveled access lane and the solar panel and shipping
container area of the site is fully protected with a 2.4m high chain link security fence
with a gate hence no public risk is anticipated.
11.7 The applicant has forwarded a site plan for the proposed project and it is under review.
A site specific Zoning By-law Amendment is recommended on the following basis:
.
The proposal is consistent with the Provincial Policy Statement and Official Plans.
The site is located predominantly on lower priority soils and it does not fragment the
existing field patterns.
The proposal demonstrates that the disturbances to the existing agricultural
operations are minimal. This development minimizes the disturbance to the soil and
does not alter the site significantly and could revert for use as a farm.
The proposal will be compatible with the adjacent land uses.
The equipments and electrical components do not create adverse noise.
There will be no increased traffic in the area.
The project supports the sustainability objectives of the Clarington Official Plan and
the economic development objectives of the Municipality's Corporate Strategic
Business Plan.
The site plan process that is running concurrently will deal with technical issues such
as landscaping, landscaped buffers, drainage, and entrances.
.
.
.
.
.
.
REPORT NO.: PSD-089-07
PAGE 10
12.0 CONCLUSIONS
12.1 In consideration of the comments received from the circulated agencies the public and
our planning review of the proposal it is recommended that, provided there are no major
issues raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA
2007 -0035) submitted by Hybridyne Power System Canada to change the zoning
category of 10.5 acres land from "Agricultural (A) Zone" to " Agricultural Exception Zone
A- 80" to allow the proposed solar energy generation facility and that the By-law
contained in attachment be PASSED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
List of interested parties to be notified of Council's decision:
Dan Boudreak
Michael McLenon
Attachment 1
To Report PSD-089-07
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Attachment 2
To PSD-089-07
mE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the MunidpaJity of Clarington deems it advisable to
amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with applications
ZBA 2007-0035 to permit a photovoltaic grid connected electricity generation plant ( a solar energy
generation facility) development as a permitted use;
NOW THEREFORE BE IT RESOLVED THAT the Council of Ihe Corporation of the Municipality of
Clarington enacts as follows:
1. Section 6.4"- Special Exceptions - Agricultural (A) zone" is hereby amended by introducing a
new sub-section 6.4.80 as follows:
"6.4.80 AGRICUl ruRAL EXCEPTION (A-60) ZONE'
Notwithstanding Section 6.1, 6.2 and 6.3 those lands zoned A-80 on the Schedules to this By-
law shall only be used for a farm or a photovoltaic grid-connected electricity generation facility
subject to the following definitions and zone regulations:
a) Definitions
i) Coniferous Plantina Strip
A landscape feature comprised of coniferous tree species planted in such a
manner as to visually screen the view of one property from the adjacent property.
b) Regulations
i) Front Yard sel back (minimum) 75 m
ii) Rear Yard Setback (minimum) 10 m
iii) Interior side yard set back (minimum) 10m
iv) lot Area (maximum) 5 ha
v) Total floor area of buildings (maximum) 250 sq m
vi) Planting Strip Requirements
A coniferous planting strip shall be required along the south and east limits of the
solar panels.
2. Schedule K2~ to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from: "Agricultural (A) Zone", to "Agricultural Exception (A-80) Zone" as illustrated
on the attached Schedule ~A' hereto.
3. Schedule ~N attached hereto shall form part of this By-law.
4. This By~law shall come into effect on the date of the pa5~ing hereof, subject to the provisions of
Section 34 of the Planning Act.
BY-LAW read a second time this
day of
day of
2007
BY -LAW read a first time this
2007
BY -LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
[This is Schedule nA" to By-law 2007-
passed this day of ,2007 A.D.
Remainder of Lands Owned by Applicant
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PHASE) PHASE 2
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Patti L Barrie, Municipal Clerk
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