Corporation of the Township of Adelaide Metcalfe 104 THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE COUNCIL MINUTES November 17, 2008 Present: Mayor John Milligan, Deputy Mayor Adrian debruyn, Councillor Dave Bolton, Councillor Betty Ann MacKinnon, and Councillor Nick Stokman. Also Present: Administrator/Clerk/Treasurer, Fran Urbshott and Chief Building Official, Jeff Denomy. Call to Order At 7:00 P.M., Mayor John Milligan called the meeting to order. At this time, all those in attendance were asked to recite the Lord s Prayer, in unison, if they so wished. Declaration of Pecuniary Interest and General Nature Thereof None. Minutes MOVED by Deputy Mayor debruyn SECONDED by Councillor MacKinnon Resolved that the Minutes of November 3, 2008 regular meeting, be adopted as printed and circulated. CARRIED. Business From The Minutes None. Correspondence Received And Circulated 1) Thank you note from John & Jean Milligan 2) Invitation to Middlesex County Council Inaugural Meeting on December 4, 2008 3) Invitation to GSP s Open House on November 27, 2008 4) Complaint regarding a dangerous dog. 5) Letter from MMAH regarding Investing in Ontario Act 2008 6) Notice from LMHU regarding Session on Fire Protection on December 3, 2008 7) Notice from Ontario Property & Environmental Rights Alliance regarding Linking Endangered Species & Municipal Drainage Legislation 8) Letter from Ministry of Education regarding Premier s Awards for Teaching Excellence Correspondence Received and Not Circulated 1) Media release from Strathroy-Middlesex General Hospital regarding London beds 2) Letter from Elly Boersema Health Foods regarding road construction (discuss with Road Supervisor and bring back to December 1, 2008 meeting). MOVED by Councillor MacKinnon SECONDED by Councillor Bolton Resolved that the Public Meeting for ZBA04-2008, submitted by Akko Ltd., and ZBA05-2008, submitted by TCI Renewables, is now open. CARRIED.
Corporation of the Township of Adelaide Metcalfe 105 PUBLIC MEETING 1) Zoning By-Law Amendment #ZBA04-2008 submitted by Akko Ltd. for Generic Zoning By-Law Amendment Township of Adelaide Metcalfe Purpose and Effect Of the Application The purpose of this application is to amend Section 5.29 of the Township of Adelaide Metcalfe Zoning Bylaw to include a provision requiring a minimum 100 metre setback for all residential and institutional uses from the Strathroy-Caradoc Waste Water Treatment Facility located on Part Lot 19, Concession 5, S.E.R. Currently the Township of Adelaide Metcalfe Zoning By-law does not have a specific setback for development in proximity to the Waste Water Treatment Facility. Zone Change Application ZBA #03/2008 by Akko Ltd identified this issue and as a result a zoning amendment application has been brought forward to implement a minimum setback requirement. The application was circulated to St. Clair Region Conservation Authority, the County of Middlesex, the Municipality of Strathroy-Caradoc, Township staff and owners within 120 metres (400 ft) of the proposed application. The application is consistent with the Provincial Policy Statement. The application conforms with the Township of Adelaide Metcalfe Official Plan. The application complies with the Township of Adelaide Metcalfe Zoning By-Law #34-2007. Mr. Bill Green, Township Planner, attended the meeting for this application and reviewed with Council the purpose and effect of the application. Mr. Green explained the reason why this application originated with respect to a prior application approved for Akko Ltd. This is a result of the Applicant and his Solicitor to rectify the situation. Comments St. Clair Region Conservation Authority In a letter dated November 7, 2008 the St. Clair Region Conservation Authority stated the following: The St. Clair Region Conservation Authority (SCRCA) has reviewed the requested application with regard to natural heritage policies as outlined in the Provincial Policy Statement (PPS), and also with regard to regulations made pursuant to Section 28 of the Conservation Authorities Act. The following reflects our position as an agency delegated the provincial responsibility for comments on Natural Hazards matters, and as a watershed based resource management agency providing advisory comments to the municipality. From the information received, it is understood that this zoning amendment is intended to implement a 100 metre setback for all residential and institutional uses adjacent to the Strathroy-Caradoc Waste Water Treatment Facility. Wetlands associated with the Sydenham River Wetlands Complex are located on the lands adjacent to the Strathroy-Caradoc Waste Water Treatment Facility. Much of these same lands would be susceptible to flooding during a Regulatory (Hurricane Hazel) storm event. We note that there appear to be significant woodlands located within this proposed setback area as well. Restriction of development within that area 100 metres adjacent to the Strathroy-Caradoc Waste Water Treatment Facility would reinforce the restrictive/prohibitive intent of Sections 2.1 & 3.1 of the 2005 Provincial Policy Statement, as well as existing Official Plan designations and zoning as they relate to those identified wetland, floodplain and woodland features.
Corporation of the Township of Adelaide Metcalfe 106 We have no objection to the approval of Zoning By-law Amendment #04/2008. Thank you for the opportunity to comment on this application. If you have any questions or require additional information, please do not hesitate to contact me. We would appreciate receiving a copy of the Committee s decision. County of Middlesex In a letter dated November 12, 2008 the County of Middlesex provided the following comments. The County of Middlesex has reviewed this application for an amendment to the Township s Zoning By-law and has no concern with its approval. A copy of the approved by-law is requested. Municipality of Strathroy-Caradoc In a letter dated October 31, 2008 the Municipality of Strathroy Caradoc offered the following comments: The Municipality of Strathroy-Caradoc is in receipt of the Notice of Public Meeting regarding the above noted Zoning By-law Amendment. The Municipality would like to offer our support for this application to amend the Zoning By-law to introduce a 100 metre setback for residential and institutional uses from the Strathroy- Caradoc Waste Water Treatment Facility. As both municipalities area serviced by this facility, it is important to ensure that potential conflicting land uses that may inhibit the future expansion of the facility are adequately addressed. I trust this will be sufficient for your purposes. A copy of the decision is requested. Township of Adelaide Metcalfe Chief Building Official In a letter dated October 17, 2008 the Chief Building Official offered the following comments: With regard to the above noted amendment, I do not have any objections to the proposed application. Township of Adelaide Metcalfe Road Supervisor In a letter dated November 6, 2008 the Road Supervisor for the Township noted that he had no concerns or objections to the zoning by-law amendment application ZBA #04/2008, submitted by Akko. Ltd. for this property. Township of Adelaide Metcalfe Drainage Superintendent In a letter dated October 16, 2008 the Drainage Superintendent confirmed that no Municipal drains are affected by the proposed amendment. Planning Comments The subject property is designated Agricultural Areas in the Township Official Plan and is zoned Institutional One (I-1) Zone in the Township Zoning By-law. The proposed amendment is intended to implement a minimum 100 metre setback for all new residential and institutional development from the boundary of the Waste Water Treatment Facility. The Official Plan contains specific policies in Section 4.4 for development adjacent to the Waste Water Treatment Facility. Specifically, this policy states that no sensitive land uses such as residential, nursing homes, schools and institutional uses will be permitted within 100 metres of the periphery of the entire site. The proposed zoning amendment is intended to further establish this regulation in the general provisions section of the Zoning By-law.
Corporation of the Township of Adelaide Metcalfe 107 RECOMMENDATION In light of the above comments we recommend approval of the draft by-law as attached. A letter was received from David & Susan Clarke stating their objections, as well as a letter from John & Diane DaPonte, stating their objections to the proposed application.
Corporation of the Township of Adelaide Metcalfe 108 Applicant/Agent Comments Mr. Bakker explained that when they purchased the property, they were informed that they could build a shed and house on the site. He expressed his disapproval of the passing of this by-law as this property is in Adelaide Metcalfe, not Strathroy-Caradoc. Public Comments Brenda DaPonte, daughter of John and Diane DaPonte, stated that they are opposed to the by-law as it will devalue their property. She suggested that Strathroy-Caradoc should purchase the DaPonte property if no building is permitted on this land as this property was purchased with the intention of building there. Mrs. Timmers asked if there was an environmental assessment done for the lagoons. Bill Green explained that the property owned by Strathroy-Caradoc is zoned properly for the use of the lagoons. Dave & Susan Clarke asked why the regulation stating the 100 metre setback was put in the Official Plan but not the zoning by-law in 2003. Bill Green explained that this was due to an oversight. The Clarkes noted that owners, as well as the Township of Adelaide Metcalfe, are in a difficult position. They would like reassurance for the future that it be noted that there was a house on this property. Mr. Clarke wondered if there could be something in the by-law to show that there was a house at this location. He then asked if Strathroy-Caradoc was considering other uses on their property. Chief Building Official, Jeff Denomy said that a transfer waste station has been applied for through a site plan application. Mrs. Timmers asked why there is a buffer on the neighbouring properties and not on the property owned by Strathroy-Caradoc. Bill Green explained that under the Planning Act, these regulations are set. She then asked why the setback is 100 metres and it was answered that it is set out in the Provincial Policy Statement (Land Use Function). The DaPontes asked if the setback could be changed to less than 100 metres, to which Mr. Green explained that the Ministry of Environment advised that 100 metres is appropriate. Council Comments Councillor Stokman asked Mr. Clarke where the old house was located and when it burned down. Councillor Stokman then asked the DaPontes about the 10 acre issue. Mr. Clarke asked if it would be possible to reduce the setback from 100 metres to 50 metres. Mr. Green replied that this would require a special process involving both the Ministry of Environment and the Conservation Authority and would be quite lengthy. Decision MOVED by Councillor MacKinnon SECONDED by Councillor Stokman Resolved that Council APPROVES the recommendation of the Planner to approve this application. CARRIED.
Corporation of the Township of Adelaide Metcalfe 109 ZONING BY-LAW AMENDMENT ZBA#05/2008, submitted by TCI Renewables, 1533 & 1579 Mullifarry Drive, Lot 5, Concession 3, SER. Purpose and Effect Of the Application To site specifically permit the development of two wind turbines in accordance with Section 5.37 of the Zoning By-law on the subject land. Section 5.37 of the Township of Adelaide Metcalfe Zoning By-law states that Commercial Wind Energy Generation Systems shall only be permitted where listed as a permitted use in a zone, and subject to the following setback requirements: a) Minimum setback to urban area: 600 m b) Minimum setback to dwelling units located off site: 400 m c) Minimum setback to lot lines: 20 m + blade length d) Minimum setback to a municipal road: 1.2 x Total Height (tower + blade at highest point) e) Minimum setback to lot lines of adjacent properties within the same wind farm development: 0 m The application was circulated to St. Clair Region Conservation Authority, County of Middlesex, Township staff and owners within 120 metres (400 ft) of the proposed application. The application is consistent with the Provincial Policy Statement. The application conforms with the County Official Plan. The application conforms with the Township of Adelaide Metcalfe Official Plan. The application does not comply with the Township of Adelaide Metcalfe Zoning By-Law #34-2007. COMMENTS St. Clair Region Conservation Authority In a letter dated October 20, 2008 the St. Clair Region Conservation Authority stated the following: Upon review of the information forwarded to the St. Clair Region Conservation Authority, we have determined that the Authority has no comments to offer with regard to the above planning application. County of Middlesex In a letter dated November 12, 2008 the County of Middlesex provided the following comments. The County of Middlesex has reviewed this application for an amendment to the Township s Zoning By-law and has no concern with its approval. A copy of the approved by-law is requested. Township of Adelaide Metcalfe Chief Building Official In a letter dated October 17, 2008 the Chief Building Official offered the following comments: With regard to the above noted amendment, I do not have any objections to the proposed application. Township of Adelaide Metcalfe Road Supervisor In a letter dated November 6, 2008 the Road Supervisor for the Township offered the following comments: I have no objections to the Zoning By-law Amendment Application ZBA #05/2008, submitted for this property. However, an agreement between TCI and the Municipality will need to be put into place with regards to damage to roads or municipal property before construction of the wind turbines can commence.
Corporation of the Township of Adelaide Metcalfe 110 Township of Adelaide Metcalfe Drainage Superintendent In a letter dated October 16, 2008 the Drainage Superintendent confirmed that the proposed development will not affect any municipal drains.
Corporation of the Township of Adelaide Metcalfe 111 Planning Comments The subject property is designated Agricultural Areas in the Township Official Plan and is zoned General Agricultural (A) Zone in the Township of Adelaide Metcalfe Zoning By-law. The proposed location of the two wind turbines is in conformity with the policies established in Section 5.37 of the Township s Zoning By-law. TCI Renewals has submitted through its consultant Golder Associates Ltd. a detailed Project Description for the proposed Wind Farm (which includes the subject properties) the contents of the Project Description are intended to meet the expectations of the Environmental Assessment Act and the Canadian Environmental Assessment Act. The Project Description provides the following project summary: Air Energy TCI Inc. (AET), the North American subsidiary company of TCI Renewables Ltd., is proposing to develop a wind power generating facility (a wind farm) in the Township of Adelaide Metcalfe, County of Middlesex, Ontario. The Project will be situated within privately owned rural farm land near the Hamlet of Adelaide and will connect to an existing 115 kv Hydro-One owned transmission line that runs parallel to, and just east of Kerwood Road. The existing 115kV transmission line is situated within the Project boundary and a separate environmental assessment specific to the transmission line is not required. AET proposes to install 36 x Enercon E82, 2 megawatt (MW) wind turbines and all ancillary components. To the extent available, AET will use existing roads to access the site, but where necessary will build additional gravel roads to construct and maintain the turbines and a substation to connect the new wind farm to the existing power grid. Other Project Description Highlights: - The ultimate design of the proposed Wind Farm will span an area of approximately 8,275 hectares roughly bound by Sexton Road to the west, Townsend Line to the north, Robotham Road to the east, and Napperton Drive to the south. - Access to the Project area is available from the existing provincial, county and township road network. Oversize/overweight load permits on portions of this road network will be required during project construction - Two Natural Environmental Areas are located within the Project area to the northwest of the Hamlet of Adelaide within Concession I and II, Lots 8 and 9 and AET have accounted for this and integrated this into the wind farm design. Not only has AET avoided placement of turbines or access roads within these more environmentally significant areas, but it has also incorporated a significant setback distance from these two areas. - The County of Middlesex Official Plan Schedule C Natural Heritage Features shows several significant Woodlands of varying sizes, most of which are situated at the rear (uninhabited portion) of the Project area land parcels. The EIS/ESR will identify potential effects of the Project on these features, their function and connectivity. Since the loss of productive agricultural land is not desirable, the EIS/ESR will also consider the advantages and disadvantages of having access roads new the woodlot boundaries and will provide mitigation to address potential negative effects. No clearing or construction activities of any type are proposed within the Natural Areas identified in the OP. - Stage 1 and Stage 2 standard heritage resource assessments of properties with proposed turbine locations, temporary and permanent access roads and underground cable routes within the Project area are being conducted by Archaeologix Inc. as part of the EA process. - There are no proposed watercourse crossings within the Ausable River watershed and all turbines have been sited outside of the Regulation Limit. - The construction of one new permanent watercourse crossing a municipal drain within the St. Clair Region Conservation Authority is required. This crossing has been classified by the St. Clair Region Conservation Authority as a Type F watercourse (i.e., Intermittent or Ephemeral). The crossing will be designed such that a net gain in habitat can be achieved through mitigation and by following existing DFO Operational Statements. - The Project design scenarios consider various factors which are collectively considered in order to
Corporation of the Township of Adelaide Metcalfe 112 attain a site layout with the least amount of negative ecological or socio-economic effects and optimal economic benefits to the proponent and the land-owners involved.
Corporation of the Township of Adelaide Metcalfe 113 - The constraints or opportunities considered include, but are not limited to, wind speed, prevailing wind direction, wind turbulence, site topography and wake effects between turbines, resultant noise level at dwellings adjacent to the proposed turbines, land ownership boundaries, natural hazard areas, potential interference with radio and telecommunications, transportation and navigation routes, cultural heritage, land use, social and economic effects, human health and other constraints. The Project Description summary points above indicate that a thorough review of the potential impacts caused by the proposed Wind Farm is being completed. The Zoning By-law Amendment Application ZBA #05/2008 as proposed is the first such amendment application to site specifically request permission to locate a wind turbine associated with the proposed wind farm. In the future additional applications will be required to permit the placement of the remaining wind turbines in compliance with the final outcome of the EIS/ESR reports and other reports as necessary. RECOMMENDATION In light of the above comments we recommend approval of the draft by-law as attached. Applicant/Agent Comments Mark Gallagher and Mr. John Feddema attended the meeting. Mr. Gallagher explained the application status and studies that are being undertaken. An environmental screening report is in process. Mr. Feddema is in support and satisfied. Council Comments Deputy Mayor debruyn stated that he has no problems with the application. Councillor Stokman asked if the project has been approved and why the application has been submitted now. Bill Green, Township Planner, explained that there is no risk to the Municipality, this is actually for public interest. Public Comments There were no public comments. Decision MOVED by Councillor Bolton SECONDED by Deputy Mayor debruyn Resolved that Council APPROVE the recommendation of the Planner to approve this application. CARRIED. MOVED by Councillor Bolton SECONDED by Deputy Mayor debruyn Resolved that the Public Meeting is now closed. CARRIED. STAFF REPORTS MOVED by Councillor Bolton SECONDED by Councillor Stokman Resolved that the Road Department accounts payable, in the amount of $107,694.05, be approved for payment. CARRIED. MOVED by Deputy Mayor debruyn SECONDED by Councillor MacKinnon Resolved that the payroll, in the amount of $23,093.62, be approved for payment. CARRIED.
Corporation of the Township of Adelaide Metcalfe 114 MOVED by Councillor Stokman SECONDED by Councillor MacKinnon Resolved that the general accounts payable, in the amount of $106,808.69, be approved for payment. CARRIED.
Corporation of the Township of Adelaide Metcalfe 115 Administrator/Clerk/Treasurer s Report Administrator/Clerk/Treasurer, Fran Urbshott, updated Council on the following: Financial report at October 31, 2008; OGRA/ROMA Conference; Christmas hours and the January 5 meeting has been cancelled; Update on the Kerwood Project; and Photocopier purchase issue. Other Business None By-Laws MOVED by Deputy Mayor debruyn SECONDED by Councillor Bolton Resolved that three readings be given to the following By-Laws: By-Law #43-2008 (Zoning Amendment #ZBA05-2008 TCI Renewables) #44-2008 (Zoning Amendment #ZBA04-2008 Akko Ltd.) #45-2008 (Confirm Council Proceedings) and that they be signed by the Mayor and Administrator/Clerk/Treasurer and the corporate seal be attached. CARRIED. Adjournment The meeting adjourned at 9:40 P.M. Next Meeting Monday, December 1, 2008 beginning at 7:00 P.M. John Milligan Mayor Fran I. Urbshott, Administrator/Clerk/Treasurer