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HomeMy WebLinkAboutPSD-082-06 ClWilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 19, 2006 c5? DOt, - , b!3 cxnor-..~ I b ~ PSD-082-06 File Nos #: ROPA 2005-005, By-law #: I COPA 2005-003 AND ZBA 2005-027 APfl.~q6 -t) 10 Date: Report #: Subject: APPLlCA TIONS TO AMEND THE DURHAM REGION OFFICIAL PLAN, CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE ESTABLISHMENT OF AN ORGANIC WASTE COMPOSTING AND WOOD WASTE PROCESSING FACILITY APPLICANT: MILLER PAVING LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-082-06 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington has no objection to the approval of the application to amend the Durham Region Official Plan (ROPA 2005-05) submitted by Miller Paving Limited to establish an organic waste composting and wood waste processing facility, and that the Municipality requests that the amendment to the Official Plan limit the permitted accessory uses to the bulk wholesale of compost and other materials produced on-site; 3. THAT Amendment No. 49 to the Clarington Official Plan to permit the establishment of an organic waste composting and wood waste processing facility as proposed by Miller Paving Limited be ADOPTED as indicated in Attachment 4 to this report, that the necessary by-law contained in Attachment 5 be passed, and further that the amendment be forwarded to the Regional Municipality of Durham for approval; 4. THAT Rezoning Application ZBA 2005-027 submitted by Miller Paving Limited be APPROVED and that the Amendment to By-law 84-63, as amended, as contained in Attachment 6 to this Report, be ADOPTED; REPORT NO.: PSD-082-06 PAGE 2 5. THAT the modifications to the proposed Official Plan Amendment as reflected in Amendment No. 49 and the proposed by-law to amend Zoning By-Law 84-63, as amended, be deemed to be minor and consistent with the intent of the proposed Official Plan amendment and rezoning applications considered at the statutory Public Meeting, and further that no additional Public Meeting to consider the revised Official Plan amendment and Rezoning Applications is required; 6. THAT the By-laws to remove the Holding (H) symbols be forwarded to Council at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including the execution of a site plan agreement and the transfer of a woodlot conservation easement in favour of the Municipaplity; 7 . THAT a copy of Report PSD-082-06 be forwarded to the Regional Municipality of Durham Planning Department; and 8. THAT all interested parties, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: ReVieWedbY:U~~ Da Id rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer JAS/FUDJC/df 9 June 2006 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-082-06 PAGE 3 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: Miller Paving Limited 1.2 Durham Regional Official Plan Amendment: Proposed Amendment Submitted bv Applicant To permit a waste management facility for organic material composting and wood waste processing with retail sales of compost, soil enhancement and related wood products as an exception within the "General Agricultural" designation. Amendment Recommended for Approval To permit a waste management facility for organic material composting and wood waste processing with the bulk wholesale of compost and other materials produced on-site permitted as an accessory use. 1.3 Clarington Official Plan Amendment: Proposed Amendment Submitted bv Applicant To permit as a site specific use, an organic material composting and wood waste processing facility as an exception in the "General Agricultural Area", with sales of compost, soil blends, sand, gravel, soil enhancements and related wood products as an accessory use. Amendment Recommended for Approval To permit as a site-specific use, an organic material composting and wood waste processing facility as an exception in the "General Agricultural Area", with the bulk wholesale of compost and other materials produced on-site permitted as an accessory use. 1.4 Zoning By-law Amendment: To change the zoning on a portion of the subject lands in Part Lot 27, Concession 1, former Township of Darlington, from "Agricultural (A) Zone" and "Environmental Protection (EP) Zone" to "(Holding) Agricultural Exception ((H) A-77) Zone" to permit the establishment of an organic waste composting and wood waste processing facility. To change the zoning on a portion of the subject lands from "Agricultural (A) Zone" to "Environmental Protection (EP) Zone" to protect the existing the woodlot on the site and a wetland restoration area. 1.5 Site Area: 24.7 ha of a 31 ha parcel 1.6 Location: 1848 Baseline Road, being Part Lot 27, Concession 1, former Township of Darlington, North of the St. Lawrence and Hudson railway and west of the unopened Hancock Road road allowance (see Attachment 1) REPORT NO.: PSD-082-06 PAGE 4 2.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 2.1 The subject lands form part of a larger 31 ha parcel owned by Miller that straddles the Courtice Urban Area boundary. The current applications relate to the northern 24.7 ha which are located outside the urban area and are designated "General Agricultural Area". A significant portion of the subject lands are actively cropped. A large woodlot with a vegetated connection with the Tooley Creek valley to the west and a small woodlot to the east occupies the northern part of the site. The remaining lands are treed and contain a small wetland (see Attachment 2). The southern portion of Miller's lands (6.3 ha) lie within the Courtice Urban Area and are designated "General Industrial" and zoned "(Holding) General Industrial Exception ((H) M2-14)". This zone permits an asphalt plant, a ready-mix plant, and a concrete recycling plant. 2.2 Surroundino Uses North: South: Agriculture North of Baseline Road - Agriculture, St. Lawrence and Hudson Railway South of Baseline Road - Agriculture, light industrial uses, waste transfer station Unopened portion of Hancock Road road allowance, agricultural and woodlot Tooley Creek and associated valleylands, agriculture. East: West: 3.0 APPLICATION BACKGROUND 3.1 The original rezoning application submitted in December 2003 (ZBA 2003-055) proposed the establishment of leaf and yard waste composting facility. The processing of the application was held in abeyance due to the enactment of the Greenbelt Protection Act. With the final approval of the Greenbelt Plan area, these lands were identified as being outside of the Greenbelt. 3.2 After submission of the original rezoning application, Miller proposed to revise the proposal to expand the proposed uses to include the composting of other organic materials, the processing of wood products, and the sale of compost, soil blends, sand, gravel, soil enhancements and related wood products. These additional uses necessitated the applications to amend the Regional and Clarington Official Plans, which were filed in April 2005. As well, the original rezoning application was closed and a new application was opened. 3.3 The proposed composting facility is intended to serve Durham Region and the surrounding area. It would handle the following materials: REPORT NO.: PSD-082-06 PAGE 5 · Compost materials transported from the Miller compost facility in Pickering for final curing; · Residential leaf and yard waste; · Organic waste from the industrial, commercial and industrial (ICI) sectors such as food and beverage waste; · Waste wood from construction and demolition sites such as skids, and untreated and unpainted wood products. Miller proposes to sell the resulting compost materials as well as landscaping products in bulk for landscaping and agricultural purposes. 3.4 The site plan indicates active composting pads, a compost screening/ curing/storage area, water quality and quantity ponds, and a wood recycling area (see Attachment 3). 3.5 Access to the site will be from a proposed re-alignment of Hancock Road just east of where the railway crosses Baseline Road. Miller purchased the lands needed for the re-alignment of the road and have conveyed them to the Municipality. Originally, Miller had proposed to re-construct only enough of Hancock Road to provide access to the southern portion of their lands, from where an internal road would be used to access the composting facility. However, they have now agreed to reconstruct Hancock Road to municipal standards up to the edge of the urban boundary, with access to the compost facility being provided from the end of the upgraded road. 3.6 A number of technical studies have been submitted by the applicant and have been peer reviewed by a consulting team, with the review being funded by the applicant. These studies and the peer review are discussed in more detail in Section 7 of this Report. 3.7 Modifications to Proposed Official Plan Amendment and Rezonino 3.7.1 The statutory Public Meeting in respect of the proposed amendment to the Clarington Official Plan and Rezoning application was held on September 19, 2005. The draft Official Plan Amendment and Rezoning application considered at that time indicated that the subject lands were 24 ha. Since that time, the exact location of the urban boundary has been determined. As a result, the southern limit of the lands subject to the applications has been moved approximately 11 m southward. This relocation has added approximately 0.7 ha to the lands proposed for the compost facility. 3.7.2 This modification is considered to be minor and consistent with the intent of the proposed Official Plan amendment and Rezoning applications considered at the statutory Public Meeting. As such, a new Public Meeting is not required. REPORT NO.: PSD-082-06 PAGE 6 3.8 Other Applications 3.8.1 The proposed composting facility is defined as a 'Waste Processing Site - Composting" under the Environmental Protection Act. The applicant requires a Certificate of Approval from the Ministry of the Environment. 4.0 CONFORMITY WITH PROVINCIAL POLICY STATEMENT 4.1 The Provincial Policy Statement (PPS) defines a waste management system as including a recycling facility. A composting facility is to be considered a waste management facility for determining compliance with PPS. Waste management systems are to be of an appropriate size to accommodate present and future requirements and are to facilitate, encourage and promote reduction, reuse and recycling objectives. 4.2 Prime agricultural areas are to be protected for long-term agricultural use. Land may be removed from prime agricultural areas for limited non-residential uses provided that the land is not used for specialty crops, there is a demonstrated need for additional land to accommodate the proposed use, there are no reasonable alternatives that would avoid prime agricultural areas, and there are no reasonable alternative locations on lower priority agricultural land. 4.3 The PPS also states that the diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Natural heritage systems can include lands that have been restored and areas with the potential to be restored to a natural state. 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Reoion Official Plan 5.1.1 The subject lands are designated "General Agriculture" in the Regional Official Plan. Lands in this designation are intended to be used primarily for farming and farm-related purposes. The proposed organic waste management and wood waste processing facility is not a permitted use in this designation and thus an amendment to the Regional Official Plan is required. 5.1.2 The applicant has proposed to amend the Regional Official Plan by adding the following policy: "Notwithstanding Section 12.3.6, the following use has been considered by amendment to this plan and is permitted: REPORT NO.: PSD-082-06 PAGE 7 i) a composting and wood waste processing facility with retail sales of compost, soil enhancement and related wood products on a parcel of land located north of Baseline Road, west of Hancock Road identified as Assessment No. 18-17-010-050-04325-0000, former Township of Darlington, Municipality of Clarington". 5.1.3 As discussed in Section 1 0, staff do not consider the retail sale of materials not produced at the site as an accessory use to the compost and wood waste processing facility. The Region is therefore being requested to revise the proposed amendment to its Official Plan to only permit the bulk wholesale of materials produced on-site as an accessory use. 5.1.4 Regional Staff Report 2006-P-39, considered by Regional Planning Committee on April 25, 2006, has proposed to extend the boundary of the Courtice Urban Area eastward to Hancock Road through the Review of the Regional Official Plan. The lands extending from the existing southern urban boundary northward to Bloor Street, including the subject lands, are proposed to be redesignated as "Employment Area". 5.2 ClarinQton Official Plan 5.2.1 The Clarington Official Plan designates the subject lands as "General Agricultural Area". Lands so designated are to be used primarily for farm and farm-related uses. A portion of the lands are designated "Environmental Protection" in recognition of Tooley Creek and its associated valleylands. The Official Plan also identifies the proposed Highway 401 - 407 highway connector as being located to the east of the subject lands. 5.2.2 A Future Grade Separation at the Hancock Road/Baseline Road intersection to address the St. Lawrence and Hudson Railway which crosses Baseline Road at this location. 5.2.3 Tooley Creek is identified as a "Coldwater Stream" and its valley as "Significant Valleylands". The large woodlot located in the northern portion of the site and the small wooded area in the central portion are identified as "Significant Woodlands". The large woodlot is part of a larger wooded area identified as "Significant Woodlands" that extends to the east and to the west to connect with the Tooley Creek valleylands. 5.2.4 The proposed composting facility is not permitted in the General Agricultural designation. As such, the Official Plan needs to be amended to permit the proposed use as an exception. REPORT NO.: PSD-082-06 PAGE 8 6.0 ZONING BY-LAW COMPLIANCE 6.1 Most of the subject site is zoned "Agricultural (A)" in By-law 84-63. The proposed composting facility is not a permitted use in this zone. An amendment to By-law 84-63 is required to permit the proposed composting and wood waste processing facility. 6.2 The lands associated with Tooley Creek are zoned "Environmental Protection (EP)". However, the "EP" zone on these lands reflects an expanded Regional Storm floodplain created by the backup of stream flow and floodwater at the railway that abuts the southern boundary of Miller's lands. Miller has indicated that they have initiated discussions with the St. Lawrence and Hudson Railway to install a culvert under the rail line to facilitate the conveyance of stream flow and storm water from their lands. Once this work is completed, no portion of the subject site will be restricted by the Regional Storm floodplain and Miller will be able to submit an application to lift the Holding symbol on the balance of the Agricultural Exception Zone, allowing them to expand their compost operations. However, the stormwater management ponds will remain within the "EP" zone. 6.3 Miller has not been able to advise the Municipality as to when they expect the necessary work on the railway's lands to be completed. It should also be noted that the expanded floodplain also affects the southern portion of Miller's lands currently zoned ((H) M2-14)". 6.4 The woodlot in the northern part of the site will be rezoned to "EP" in recognition of its identification in the Official Plan as a "Significant Woodland". However, the wooded and wetland areas in the central portion of the site are proposed to be removed to facilitate site operations. As compensation, a substantial buffer is being provided around the northern woodlot to protect it and to increase its habitat value, and a wetland area is being created on the northern edge of the woodlot. 7.0 TECHNICAL STUDIES 7.1 A number of studies have been submitted in support of the subject applications and have been peer reviewed by an independent consulting team funded by the applicant. These studies and the results of the peer review are discussed below. 7.2 Traffic Impact Study 7.2.1 The Traffic Impact Study indicated that the current average daily traffic on Baseline Road at Hancock Road is 2,180 vehicles. The existing intersections at Hancock/Baseline and McKnight/Baseline were found to operate at overall Service Level A (excellent) during the morning and evening peak hours. REPORT NO.: PSD-082-06 PAGE 9 7.2.2 Future background traffic without the proposed development for the years 2010 and 2015 was also determined. To maintain a conservative approach, a 2% per year traffic growth for the next 5 to 10 years was applied to key movements at the McKnight and Hancock Road intersections with Baseline Road. In 2010, the Hancock and McKnight intersections with Baseline Road are anticipated to operate at Service Level A, and at Service Level B (good) or better in 2015. 7.2.3 The study noted that trucks at a compost facility typically arrive and depart at a constant rate. During the peak fall months of October and November, a total of 56 truck trips per hour (28 trucks inbound and out-bound) are expected to occur. With the development of the proposed compost facility, all movements at the Hancock and McKnight Road intersections are expected to continue to operate at Service Level A in 2010 and 2015, with the exception of the southbound left turn movement from Hancock, which is expected to operate at Service Level B. 7.2.4 The study noted the at-grade rail crossing on Baseline Road lies approximately 6 m west of the Hancock Road allowance (edge of road to nearest rail). The crossing is controlled by flashing lights and gates, because both Hancock Road and McKnight Road are less than 30 m to the nearest rail. Approximately 10 - 15 trains per day cross at this location. The study noted that Hancock Road will be re-aligned to intersect Baseline Road 20 m to the east to facilitate access to the proposed compost facility. 7.2.5 Based on the projected daily traffic of 2,900 and 3,400 vehicles for 2010 and 2015 respectively, and the continuation of the current level of train activity, the rail crossing at Baseline Road will not require a grade separation. As well, the relocation of the Hancock Road intersection will be sufficient to accommodate one tractor-trailer making a left turn onto Hancock Road from Baseline Road without encroaching onto the tracks. 7.2.6 The study concluded that the development of the compost facility will have minimal impact of overall traffic operations and the level of service at the Hancock and McKnight Road intersections on Baseline Road. Peer Review Comments 7.2.7 The peer review report agreed with the methodolology and conclusions of the traffic impact study. 7.3 Environmental Impact Study 7.3.1 The Environmental Impact Study noted that the most prominent feature is a 7.5 ha mature deciduous woodlot in the northern portion of the site which shows evidence of some logging activity. A single butternut tree, which has been designated as endangered, is found in the woodlot. As well, the woodlot supports a number of breeding bird species that can survive in edge habitat or small woodlots. Other bird species more typical of larger forest blocks were also REPORT NO.: PSD-082-06 PAGE 10 found, likely the result of the presence of a larger area of surrounding forest. The woodlot is connected to the Tooley Creek valley to the west and a forest block on the east side of Hancock Road. 7.3.2 Much of the rest of the site has been disturbed, with about half of the lands being actively cultivated. A 4 ha block containing a small unevaluated wetland surrounded by early successional vegetation is located in the southeast portion of the property. However, standing water is only seasonally present and therefore this feature does not harbour any wetland dependent wildlife. A very large mature sugar maple, approximately 25 m high, located in the central portion of the site, is also noteworthy. 7.3.3 The development of the proposed compost facility will result in the removal of the small wetland and the large sugar maple. However, the applicant has agreed to provide a vegetated buffer zone on the south side of the woodlot to protect the woodlot. This buffer is up to 40 m wide in places and will increase the effective size of the woodlot from 7.5 ha to 9.4 ha. Fencing will also be erected around the woodlot to protect if from composting operations and the farm operation to the north. To compensate for the loss of the small seasonal wetland, the applicant has also agreed to create a wetland habitat adjacent to the woodlot in the northeast corner of the site. As well, a vegetated buffer will be established along a portion of the west boundary of the site to protect Tooley Creek and its valleylands from the effects of site operations. Peer Review Comments 7.3.4 The peer review indicated that the Environmental Impact Study provides a comprehensive assessment of the potential impacts of the compost facility on the environment. They concluded that the Study addresses all potential impacts to environmental features on and adjacent to the site. 7.3.5 In particular, the peer review report noted that a significant portion of the site has been committed for protection of the woodlot and the Tooley Creek valley, with buffers established along these sensitive features. The restoration plan includes the creation of a series of pocket wetlands to offset the loss of the existing wetland and landscaping of all buffer zones using both on-site and new plantings. Operational protocols have been proposed to minimize potential noise impacts to wildlife. For example, to minimize the impact on breeding birds in the spring, the use of the grinder will be restricted during the key early morning hours to avoid drowning out bird song and interfering with mating. REPORT NO.: PSD-082-06 PAGE 11 7.4 Air Quality Impact Report Odour Impacts 7.4.1 Two on-site activities were identified as significant odour sources - the compost screening, curing and storage area, and the active composting pad. It was noted that the perception of odour is very subjective and is influenced by such factors as frequency, intensity, duration, offensiveness, and location. For example, odours associated with composting are considered "earthy/woody" and therefore may not be considered offensive by rural residents. 7.4.2 Conservative (i.e. worst) odour emission estimates were calculated based on information and test data available from similar composting facilities, although it was recognized that the study cannot account for the specific operations at the proposed site. Modelling indicated that the currently accepted Ministry of Environment compliance criterion of I odour unit may be exceeded on occasion at sensitive receptors near the site, but at less than 1 % of the time. However, the study noted that, due to Miller's extensive operational experience at other compost facilities, significant odour impacts on area receptors are not expected. Dust Impacts 7.4.3 On-site activities identified as sources of fugitive dust were vehicular traffic on paved and unpaved roadways, and the wood chipper/grinder located in the wood recycling area. The study indicated that currently accepted Ministry of Environment compliance criteria for airborne particulate will not be exceeded off of the subject property, and no adverse dust impact on area receptors is anticipated. Nevertheless, Miller has committed to developing and implementing a Best Management Plan to address fugitive dust from the site. Peer Review Comments 7.4.4 The major concern raised in the peer review was that the input data for the odour analysis may not have been as conservative as warranted, and that the odour impact could potentially be more than twice that predicted. The peer reviewer recognized the inherent uncertainties in predicting the level of odour at source, how these odours will disperse in the atmosphere, and how people will detect or perceive these odours. It was agreed that further modelling would not alter the conclusions of the Air Quality Impact Study and that Best Management Practices and good operational practices are the best approaches to mitigating these potential effects. 7.4.5 The peer reviewer indicated he is comfortable with the results of the air quality assessment for both odour and dust, and noted Miller's commitment to preventing adverse effects. Documentation provided by Miller illustrates how they plan to institute Best Management Practices to prevent air quality impacts. REPORT NO.: PSD-082-06 PAGE 12 For example, compost windrows will not be turned during poor atmospheric conditions to minimize odour, and roadways will be watered to minimize dust. As well, Miller has agreed to implement a community liaison strategy to respond to public concerns, and will train their staff in applying Best Management Practices to the facility. The peer reviewer also noted Miller's extensive experience in operating compost facilities and the absence of odour problems at their other sites. 7.5 Noise Impact Report 7.5.1 The Noise Impact Report noted that the background noise environment in the area of the proposed compost facility is dominated by road traffic noise on Baseline Road and Highway 401. Noise on the site will be generated by a grinder, screener, windrow turner, and several loaders. The facility will typically operate 12 hours a day (7 a.m. - 7 p.m.), and occasionally with reduced activity in the evening with only the screener and a loader running. The key receptor was identified as a single family residence located approximately 550 m south of the facility. 7.5.2 A noise propagation model was created for the study and included the effects of distance attenuation, atmospheric absorption, and acoustic shielding due to the stockpiles on-site. The study concluded that the facility will satisfy the Ministry of Environment's daytime sound level limits at the key receptor to the south, provided stockpiles are appropriately located to provide full shielding for each noise source except for the windrow turner and that the minimum stockpile height of 2.8 m is maintained. It was recommended that an acoustic consultant conduct a site layout inspection before stockpiles are formed, and that operating procedures be established to ensure that a minimum stockpile height is maintained. Peer Review Comments 7.5.3 The peer review of the noise study identified several instances where more conservative data would have been preferable given the noise sources, the height of noise sources, the characteristics of the noise produced (tonality, impulsive), the desirable heights of the compost stockpiles for noise screening, and the location and number of off-site receptors. Additional information provided by the study author and Miller confirmed that the noise modeling was done according to good practice and that the addition of more conservative parameters would not significantly alter the noise levels at potential receptors. The applicant has agreed to maintain compost stockpiles at a minimum height of at least 2.8 m and (on a best efforts basis) to maintain stockpile heights at or greater than 3.5 m to provide additional noise shielding. Miller has also agreed to institute on-site training, and to post signs to minimize impulsive noise (eg. tailgate slamming, dropping of metal bins) generated by delivery trucks. REPORT NO.: PSD-082-06 PAGE 13 7.6 Baseline Water Qualitv and Phase 1 Environmental Site Assessment 7.6.1 The peer reviewer agreed with conclusions of these two studies that there is no evidence of any sources of lingering contamination on the site. Further, there are no present or past land uses that would constitute a recognizable environmental concern. As a pro-active measure, Miller proposes to conduct groundwater monitoring in the wells on site and at two locations on Tooley Creek for a period of two years to provide a record of water quality. 7.7 Stormwater ManaQement Report 7.7.1 Two stormwater ponds are proposed to be developed in the southwest corner of the subject lands adjacent to the Tooley Creek valley. Tooley Creek is a cold water fishery and as such will require an enhanced level of protection from pollutants in storm water runoff. The ponds have been sized to accommodate runoff from both the compost site and the southern portion of Miller's property, which is zoned for the development of an asphalt plant, a ready-mix plant, and a concrete recycling plant. 7.7.2 Pond 1 will capture all of the nutrient rich runoff from the composting areas up to and including a 100 year storm event, and the water will be regularly pumped and sprayed back onto the windrows to maintain an adequate moisture content in the composting materials. Pond 1 is designed to maintain a minimum water storage level to ensure adequate water for fire-fighting purposes. 7.7.2 Pond 2 is intended to collect and provide enhanced water quality treatment for the runoff from the balance of Miler's lands, specifically the parking and maintenance area, weigh scales, access areas and the industrial site to the south. Any overflow from Pond 1, such as during a greater than 100 year storm, is designed to discharge to Pond 2. If both ponds are at capacity, overflow from Pond 2 will be conveyed to Tooley Creek. 7.7.3 A plan has been developed to address the potential thermal impacts on Tooley Creek from pond discharge. Both ponds will be fully landscaped and planted to shade the ponds and conveyance channels. As well, both the temporary and permanent channels will be rock-lined channel with under-drains to provide cooling of stormwater flows. Peer Review Comments 7.7.4 Most of the peer review comments related to the timing of the construction of the two stormwater ponds, the areas that drain into them, and their functions. The peer reviewer concluded that the stormwater management plan will function as intended. It was also concluded that the pond design will protect the cool/coldwater fish community in Tooley Creek (including potential thermal REPORT NO.: PSD-082-06 PAGE 14 impacts), and will address water quality and water quantity issues to meet Ministry of Environment standards. 7.8 Plannino Justification Report 7.8.1 The applicant submitted a report to address the requirements of the Provincial Policy Statement (PPS) and the Clarington Official Plan. The PPS requires justification to be provided for the removal of land from a prime agricultural area for a non-agricultural use, while Section 23.2.5 of the Official Plan sets out general criteria to be addressed in the review of privately - initiated amendments. These include conformity to the principles, goals and objectives of the Plan, the suitability of the location of the proposed use, and compatibility with existing and planned uses in the surrounding area. 7.8.2 The report indicates that the proposed compost facility is consistent with both the PPS and the Clarington Official Plan. It provides needed waste management infrastructure and supports the 3Rs (waste reduction, re-use and recycling) by diverting organic material from disposal. As well, the site is considered suitable for the proposed use. No large buildings are proposed and the outdoor nature of the composting operation would make it compatible with other agricultural uses. The subject site is not a specialty crop area and the soils on a large portion of the site are not suitable for agriculture. The only improvement to supporting infrastructure required is the realignment and reconstruction of Hancock Road, which is being paid for by the applicant. The report also notes that, given the development constraints imposed by the Oak Ridges Moraine Plan and the Provincial Greenbelt Plan, it is becoming increasingly difficult to locate facilities of this nature in the rural area. 7.8.3 The report also addresses the proposed revisions to the Regional Official Plan to extend the eastern boundary of the Courtice Urban Area to Hancock Road, and to change the designation of the subject site and adjacent lands to "Employment Area". The report noted that the proposed redesignation is a further justification for the proposed compost facility to proceed in this location. The proposed use is compatible with the current agricultural and industrial uses in the area and may very well comply with the eventual Official Plan designation. The compost facility could be considered an appropriate interim use of these lands until such time as the extension of urban services permits the eventual redevelopment of the site to a higher order industrial use. 8.0 AGENCY COMMENTS 8.1 Ministry of Municipal Affairs and Housina 8.1.1 The Ministry indicated that the proposed development is in keeping with the province's goal of encouraging and promoting reduction, reuse and recycling objectives, and increasing Durham's minimal local disposal capacity. However, REPORT NO.: PSD-082-06 PAGE 15 a needs justification study and an alternative locational analysis are required to justify the redesignation of prime agricultural lands for a non-agricultural use. Studies to address potential environmental, noise and odour impacts are also to be submitted. 8.1.2 It must be demonstrated that groundwater and any water wells in proximity to the site will be protected. If groundwater is to be used by the compost processing facility and greater than 50,000 litres per day is required, a Permit to Take Water will be required from the Ministry of Environment. 8.1.3 The PPS requires stormwater management practices to minimize stormwater volumes and contaminant load, and to maintain or increase the extent of vegetative and pervious surfaces. If there is off-site discharge from these ponds, an approval under the Ontario Water Resources Act will be required. 8.2 Ministry of Transportation 8.2.1 The Ministry indicated the subject lands are located in proximity to the previously recommended route for the East Durham Highway 401 - 407 connector. They originally requested that a decision on the re-alignment of Hancock Road be deferred. The Ministry subsequently removed this deferral request, noting that reasonable access to the Miller site can only be achieved through the construction of a municipal road that requires a re-alignment to Hancock Road at Baseline Road. However, they also noted that the direct impacts of the 407 project on the proposed re-alignment of Hancock Road cannot be determined at this time, and that future issues may need to be addressed as the project proceeds. 8.3 Ministry of Culture 8.3.1 The Ministry reviewed the archaeological assessment reports submitted in support of the subject applications. They concluded that the composting facility may proceed with no further archaeological assessments and that the subject lands are free from further archaeological concerns at this time. 8.4 ReQion of Durham 8.4.1 The Region of Durham Planning Department advised that an application to amend the Regional Official Plan had been submitted by Miller Paving to permit the proposed compost facility, and that the application to amend the Clarington Official Plan would require the approval of the Region. 8.4.2 The Region of Durham Health Department has indicated no objection to the approval of the subject applications. However, a sewage disposal design will be required for the site plan. REPORT NO.: PSD-082-06 PAGE 16 8.5 Central Lake Ontario Conservation Authority 8.5.1 The Conservation Authority noted the potential for the stormwater ponds to impact the cold water fishery in the adjacent Tooley Creek through warm water discharge during summer periods, and requested information how these impacts will be prevented. 8.5.2 The design of the stormwater ponds must be revised to meet Ministry of Environment guidelines. This should include information on the amount of active storage and permanent storage proposed in both ponds. More detailed information on the flood flow calculations is also required. 8.5.3 The Authority's concerns regarding thermal impacts and pond design were resolved through the peer review process. 8.6 Clarinaton Enaineerino Services Department 8.6.1 Development of the proposed facility will require the applicant to enter into a development agreement with the Municipality for the construction of Hancock Road to the Courtice urban boundary. The applicant will be responsible for all costs associated with the required road construction, including road construction, pavement, drainage facilities, ditches, illumination, signage, utility relocation, and the construction of a suitable turning circle. The final requirements for the road will be determined by the Director of Engineering at the engineering approval stage of the development process. 8.6.2 The conflict between the future grade separation at this location and the upgrading of Hancock Road must be resolved prior to the development proceeding. 8.6.3 A Grading and Drainage Plan must be submitted that details the on-site stormwater system and the conveyance of overland flow from the subject lands. All drainage must be directed to a suitable location. 8.6.4 An appropriate cash contribution in lieu of parkland dedication must be provided. 8.7 Clarinaton Emeraencv Services Department 8.7.1 The Emergency Services Department noted the limited number of buildings proposed to be constructed on the site. They have indicated agreement in principle with the applicant's proposal to use water from one of the storm water ponds for fire-fighting purposes, with specific details to be approved through the Site Plan Approval process. REPORT NO.: PSD-082-06 PAGE 17 8.8 Other Aoencies 8.8.1 St. Lawrence and Hudson Railway and Hydro One Networks have not submitted comments on the subject applications. 9.0 PUBLIC SUBMISSIONS 9.1 A number of area residents and businesses have expressed concern with the proposed establishment of the organic waste composting and wood waste processing facility. These concerns are summarized below. 9.2 Potential odour problems with the proposed facility have been identified as a concern. It was noted that odour is a problem at other compost facilities, often causing personnel from nearby businesses to leave work, and that businesses affected by employee absences should be compensated. The use of an open- air facility which uses low cost technology was questioned, given the fact that other compost facilities, including Miller's facility in Pickering, are fully enclosed. 9.3 The increased volume of truck traffic resulting from the establishment of the proposed facility was also cited as a concern. The geometrics of Baseline Road in this area, including the proximity of the Hancock/Baseline intersection to the at-grade railway crossing, could complicate the safe movement of traffic. The truck traffic to and from the existing waste transfer station on the south side of Baseline Road was also noted. 9.4 Other potential impacts identified include vermin and seagulls, litter blowing from the site, the possible contamination of area wells, incompatibility with the adjacent industrial area, and the negative impact on property values in the area. Questions were also asked about the type and source of the organic material that would be accepted at the facility, and whether there would be daily monitoring at the site to ensure compliance with the Certificate of Approval. 1 0.0 STAFF COMMENTS 10.1 Miller has a 10 year contract with the Region of Durham, commencing on July 01, 2006, for the processing of organic waste such as domestic kitchen waste and other materials to be collected through the Region's "green bin" program. The diversion of these organic materials from landfill is a major component of the Region's waste management strategy through which they expect to divert upwards of 60% of the waste generated in the Region. 10.2 The organic waste will first be transported to Miller's indoor facility in Pickering for the initial stages of the composting process. The highly odorous stage of the compost process will take place in this enclosed facility. The processed compost REPORT NO.: PSD-082-06 PAGE 18 will then be trucked to the proposed composting facility in Clarington for final curing. A limited amount of leaf and yard waste, as well as wood waste, will be added to improve the consistency of the compost. The final curing process takes between 6 and 9 months. During the peak fall period, the facility will receive up to 4,200 tonnes per week. 10.3 The proposed facility has the potential to create noise, odour and other nuisance impacts. However, as noted in the technical studies and confirmed through the peer review, these impacts are most appropriately addressed though the operational procedures used at the site. In this regard, Miller has committed to developing and implementing Best Management Practices for the site based on their experience with other similar facilities. These will include limiting odour impacts by not turning the compost windrows during periods of poor atmospheric conditions, and locating and maintaining stockpiles to optimize noise attenuation. Miller has also agreed to implement a community liaison strategy to respond to public concerns. 10.4 A Certificate of Approval under the Environmental Protection Act is required in order to operate the compost facility. The Ministry of the Environment will circulate the application to the Municipality, the Region, and surrounding property owners for comment. Through this commenting process, the Municipality can request that appropriate conditions be imposed on the operation of the facility. Miller has indicated that conditions imposed on some of their other facilities include: · Defining the type and tonnages of feedstocks that can be received at the facility, and requiring annual reports on materials received and disposed of; · Establishing protocols for monitoring groundwater conditions and sampling for finished product quality testing; · Restricting hours of operation; · Establishing a Complaints Response Procedure that would outline the steps to be taken if any complaints are received. This can include notifying the Ministry of any complaints, maintaining a complaints log, and documenting any actions taken to address complaints; · Outlining measures for the control of nuisance impacts, such as odour, dust, noise and litter. 10.5 The Municipality will also be able to control other aspects of site development through the Site Plan Agreement. These will include the provision of vegetated buffers along the east and west property lines to provide visual screening of the facility, the establishment of vegetated buffers along the southern edge of the woodlot and fencing around the entire woodlot to protect it from equipment REPORT NO.: PSD-082-06 PAGE 19 damage, the landscaping of the stormwater ponds, and the creation of new wetland habitat in the northeast corner of the site. Miller will also enter into an agreement with the Municipality for the upgrading of Hancock Road and the relocation of the intersection with Baseline Road. Miller has agreed to establish a community relations committee, to include local business representatives and residents. 10.6 The woodlot on-site, as well as the buffers on the south side, will be rezoned "Environmental Protection (EP)" in order to ensure its protection. Miller currently has an active Woolot Management Plan for these lands and CLOCA has requested that the buffers be aggressively managed in the initial years to prevent the establishment of invasive species. In light of the management requirements for the woodlot over the next few years, there would be no benefit to the Municipality in acquiring the woodlot at this time. However, the registering of a Conservation Easement on title would ensure that the woodlot is properly managed in perpetuity at no cost to the Municipality. The wording of the Easement could be modeled on that used by the Toronto Region Conservation Authority. As well, this would not preclude the Municipality from requiring the dedication of the woodlot at such time in the future as the property redevelops. The applicant has agreed to having a Conservation Easement registered on title. 10.7 With respect to the location of the proposed facility, Staff agree with the applicant that, given the land use restrictions imposed by provincial legislation, there are limited areas available for waste diversion facilities to establish. The low intensity outdoor nature of the compost facility makes it more suitable for a rural area than an urban area. However, the proposed compost facility may not be an appropriate use should the area eventually be included in the urban area and developed for more intensive industrial uses. Nevertheless, the Municipality is compelled to deal with the application in the current policy framework provided in the Regional and Clarington Official Plans. 10.8 A final point relates to the applicant's request to permit the retail sale of compost, soil blends, sand, gravel, soil enhancements and related wood products. Staff have advised Miller that the retail sale of materials not produced on-site would not normally be considered as an accessory use to a compost facility. The Official Plan amendment and zoning by-law will therefore only permit the bulk wholesale of compost and other materials produced on-site as an accessory use to the organic waste and wood waste processing facility. The applicant has agreed to this change. 11.0 CONCLUSION 11.1 The proposed amendment to the Clarington Official Plan to permit the proposed organic waste and waste wood processing facility, once adopted by Council, will be forwarded to the Region of Durham for approval. The proposed zoning by-law will come into effect at such time as the appeal period for the corresponding REPORT NO.: PSD-082-06 PAGE 20 Regional Official Plan amendment expires. The applicant can apply to lift the Holding symbol on a portion of the lands subject to normal requirements, including the execution of a Development Agreement with the Municipality. The Holding symbol on the remainder of the site cannot be lifted until an additional culvert is constructed under the adjacent rail line and the Regional Storm f100dline on the property is reduced. Attachments: Attachment 1 - Site Location Key Map Attachment 2 - Air Photo Attachment 3 - Conceptual Proposed Site Plan Attachment 4 - Proposed Amendment No. 49 to the Clarington Official Plan Attachment 5 - By-law to Adopt Amendment No. 49 to the Clarington Official Plan Attachment 6 - Proposed Amendment to By-law 84-63 Interested parties to be notified of Council's decision: Tom Jones Mike Kopansky Catherine Dowling John and Roxy Barnes Lou Cash a Bill Patterson Fred Biesenthal Ibi Igracki Marlene and John Waters Attachment 1 To Report PSD-082-06 - c II) E 'C C II) C") E c~ c c an ca cD: ~e; ~ :~ Q.lt: 00 o S - 0) c ..:: o!! o - c II) E 'C C II) It) E g~ an C co!! cD. 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" ~: ., ~ AMENDMENT NO. 49 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the establishment of an organic waste composting and wood waste processing facility, with limited bulk sales of compost and soil enhancers produced on-site, in Part Lot 27, Concession 2, former Township of Darlington, 1848 Baseline Road, as an exception within the "General Agricultural Area" designation. BASIS: This amendment is based on an application submitted by Miller Paving Limited to amend the Official Plan of the Municipality of Clarington to the proposed use. Technical studies submitted by the applicant and peer reviewed by independent consultants have demonstrated that the proposed facility can be operated with minimum impact on the natural environment and in a manner that will be compatible with agricultural, residential, and industrial uses in the surrounding area. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding the following new sub-section: "23.14.6 Notwithstanding Section 13.3.3, an organic waste composting and wood waste processing facility shall be permitted on lands designated "General Agricultural Area" in Part Lot 27, Concession 1, former Township of Darlington. The bulk wholesale of compost and other materials produced on-site is permitted as an accessory use. " IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. Attachment 2 To Report PSD-082-06 z cO z....<e :5~w ....00:: w....<e ~U) w 0:: 1'0 N o o I II) o o N <( m N It- o c::: o ;; ca C.) o ..J C) c: .i o J: tJ) o 15 J: c.. o J: ~ o II) o o N . . ('''T ;}.~~/'I" -~ ..u.07~._ 11 ~77M'SO'[l"."._ lO'~1"._ a>!."" .1 !~ WETLAND '~ESTORA TION AREA -- "I PAR T '\. '\ PART PLAN lOR - lecn FENCED WOODLOT a::: ~'" i.J... :) CD f-N (/) W 3= I ; ..... "~.t ;.) N ~'I I 0 ~ ~ N a::: 0 .1 w FUTURE <( -0 '" I~ I CD PARr 2, PlAN lOR - 1iOt N COMPOST .: a::: ....J PAD '\ ~o I!! 0 ~ 9 (/) Z C- O 0- 0....J :; t'.~ i 0 AU f- 3=u ,0 LU W lD ACTIVE COMPOST .. oU a::: a::: :Z w PAD "<( ~ i.J... ~~ I z i.J... PAR T ZZ ! :) 5(5 CD wZ f- u~ , (/) ~~ ~ <( 0 w '" f- o PAR T 'OR -1901 SCREENING, CURING AND STORAGE ~D . ~ , . STORM WATER PONDS ~ la . . ! " . ~ r; . ; I , <:t EXISTING REGIONAL STORM FLOODLlNE <:t OTHER LANDS OWNED BY MILLER ~~ ::r. PAR T I a ~ ~T. -:':-::.. {>~ ~ ~ ~ o c. ~ '. CO . I Q. .. ~ CO OO,J~ ~ "1 '" ~ ~ BASELINE ROAD ROAD ALLOWANCE BETWEEN BROKEN FRONT CONCESSION AND CONCESSION 1 Conceptual Site Plan Attachment 3 To Report PSD-082-06 J Attachment 4 To Report PSD-082-06 AMENDMENT NO. 49 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the establishment of an organic waste composting and wood waste processing facility, with limited bulk sales of compost and soil enhancers produced on-site, in Part Lot 27, Concession 2, former Township of Darlington, 1848 Baseline Road, as an exception within the "General Agricultural Area" designation. BASIS: This amendment is based on an application submitted by Miller Paving Limited to amend the Official Plan of the Municipality of Clarington to the proposed use. Technical studies submitted by the applicant and peer reviewed by independent consultants have demonstrated that the proposed facility can be operated with minimum impact on the natural environment and in a manner that will be compatible with agricultural, residential, and industrial uses in the surrounding area. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by adding the following new sub-section: "23.14.6 Notwithstanding Section 13.3.3, an organic waste composting and wood waste processing facility shall be permitted on lands designated "General Agricultural Area" in Part Lot 27, Concession 1, former Township of Darlington. The bulk wholesale of compost and other materials produced on-site is permitted as an accessory use. " IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to adopt Amendment No. 49 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington has reviewed COPA 2005-003 and deems it advisable to amend the Clarington Official Plan to permit the establishment of an organic material composting and wood waste processing facility as an exception within the "General Agricultural Area". NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 49 to the Clarington Official Plan, being the attached explanatory text, is hereby adopted, 2. That this By-law shall come into force and take effect on the date after the last day of appeal. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 5 To Report PSD-082-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to amend By-law 84-63, as amended, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement applications COPA 2005-003 and ZBA 2005-027; NOW THEREFORE BE IT RESOLVED THAT the Council of the 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 Subsection 6.4.77 as follows: "6.4.77 AGRICULTURAL EXCEPTION (A-77) ZONE Notwithstanding Sections 6.1.b) and 6.3, those lands zoned A-77 on the Schedules to this By-law, shall only be used for an organic waste composting and wood waste processing facility, with the bulk wholesale of compost and other materials produced on-site permitted as an accessory use. The following special zone regulations shall apply: i) ii) iii) iv) v) vi) Height of topsoil berm (minimum) Width of topsoil berm (maximum) Width of interior vegetated buffer (minimum) Width of exterior vegetated buffer (minimum) Height of compost stockpiles (minimum) Gross Floor Area of all buildings and structures (maximum) 1 metre 35 metres 10 metres 15 metres 2.8 metres 3,400 square metres 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding - Agricultural Exception ((H) A-77) Zone" and "Environmental Protection (EP) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 24.2 of the Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 6 To Report PSD-082-06 This is Schedule passed this II A" to of By-law 2006- 2006 A.D. , day , /'1 ~~'.IT.. i; I I 'L ~, , d,!!1 H~: t, . . 'i f I BASELINE W;'Ai) A.Ll,JWANCE 3E7'~'.:... 89CI'EN FR:.:Y" ccmCES3iCN M,D CONCi:SS<;r, John Mutton, Mayor f222I Zoning Change From "A" To "EP" EZ22) Zoning Change From "A" To "(H)A-77" ~ Zoning Change From "EP" To "(H)A-77" 1"...............1 Zoning To Remain "EP" Patti L. Barrie, Municipal Clerk BOWMANVILLE ~'~Iv' "- \, :r- ~'-'