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Home My WebLink AboutPSD-114-06 REPORT 114 Cl~-ilJglon REPORT PLANNING SERVICES Meeting: COUNCIL Report #: PSD-114 -06 File #: ZBA 2006-0028 KfSOLUTIOtJ~ c-'f59-06 By-law #:~b- doi Date: Monday, October 16, 2006 Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: MILLER PAVING LIMITED RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-114-06 be received; 2. THAT the application submitted by Miller Paving Limited to remove the Holding (H) symbol for Phase 1 be APPROVED and that the attached By-law to remove the Holding (H) symbol be passed subject to the provisions of Section 24 of the Planning Act and a copy forwarded to the Regional Municipality of Durham; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. S'brn.te,lby' /~- D Id J. Creme, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: o~~ Franklin Wu, Chief Administrative Officer DJC.sn October 11, 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-114-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Miller Paving Limited 1.2 ApplicanUAgent: Tom Jones 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding - Agricultural Exception ((H)A-77) Zone" 1.4 Location: 1848 Baseline Road, being Part Lot 27, Concession 1, former Township of Darlington, North of the 51. Lawrence- and Hudson railway and west of the unopened Hancock Road allowance. 2.0 BACKGROUND 2.1 On October 3, 2006, the Planning Services Department received a request from Miller Paving Limited (Miller) for the removal of the "Holding (H)" symbol for 1848 Baseline Road. The lands are zoned to permit a waste management facility for organic material composting and wood waste processing. 3.0 COMMENTS 3.1 Council recommended approval of applications for amendment to the Durham Regional Official Plan and adopted Amendment 49 to the Clarington Official Plan in June 2006. The local official plan amendment was not-exempt therefore Regional Council is the approval authority on the amendment to the Clarington Official Plan. Council also approved a zoning by-law amendment on June 26, 2006 to permit the establishment of an organic waste composting and wood waste processing facility as proposed by Miller. The amendment included a holding symbol. 3.2 Council passed the following resolution with respect the removal of the holding symbol: "That the By-laws to remove the Holding (H) symbols be forwarded to Council at such time as the applicant has satisfied the provision 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 Municipality and that the by-law to remove the (H) symbol for the ''future compost pad" as shown on Attachment 1 to Report PSD-082-06 not be passed until such time as Council is satisfied that all operation issues, including noise, odour and dust, have been shown to be satisfactorily addressed for the first phase and will not be further impacted as a result of adding the second phase;" REPORT NO.: PSD.114-06 PAGE 3 3.3 The implementation of the conditions of releasing the holding symbol on the zoning is conditional upon the Clarington Official Plan Amendment 49 coming into force. For the reasons outlined in paragraph 3.4 this is not anticipated to occur until early November. With the break for the municipal elections, it would not be possible to pass the zoning by-law to remove the holding symbol around this time. As a result, this would create a hardship for Miller and a problem with respect to the composting contract with the Region of Durham. The critical path for Miller requires the laying of the asphalt composting pad before winter. As a result, staff is recommending an alternative process that would protect the interests of the Municipality and enable Miller to proceed at the earliest possible date. 3.4 The Region issued the Notice of Decision for the Regional Official Plan Amendment 117 for the Miller application and the appeal period expired on Oct 1ih, 2006. Notice of Decision for the Local Official Plan Amendment will be issued after the regional amendment is final. There will be a 20 day appeal period prior to the decision being final and binding for local amendment. Only once Official Plan Amendment 49 is final and binding can: . The original rezoning By-law 2006-163 come into force; . Site plan approval be issued; . Any by-law to remove the holding symbol related to By-law 2006-163 come into force. As such, on site works cannot be authorized until site plan approval is given. Moreover, staff is not in a position to issue site plan approval at this point in time, since the application was only recently submitted and is currently in circulation under an expedited process. 3.5 It is anticipated that by the time of the Council meeting, Miller will have executed an agreement with the Municipality of Clarington. The Agreement to be authorized by by-law through consideration of Report EGD-50-06 will include the following: . a servicing component for all road works along Hancock Road; . the terms of the woodlot conservation easement and other environmental mitigation measures to be implemented by Miller; . the establishment of a community relations committee; . the royalty payments to be made to the Municipality. 3.6 A site plan agreement between Miller and the Municipality of Clarington is under preparation and it is anticipated to be executed by Miller prior to the Council meeting with appropriate securities posted. Although it will be executed, the Agreement will be held in escrow by the Municipality's solicitor and not registered until Official Plan Amendment 49 and the zoning by-laws are final and binding and site plan approval has been issued by the Directors of Planning and Engineering. REPORT NO.: PSD-114-06 PAGE 4 3.7 Miller has submitted a draft Conservation Easement prepared for the woodlot on their proposed compost facility. The Easement in favour of the Municipality of Clarington will be registered on the title of the proposed site. The easement includes a requirement for a Forest Management Plan to be prepared. This Plan shall include all the conditions related to management of the woodlot that were identified by the Environmental Impact Study - e.g. aggressive management of the woodlot buffers to protect against invasive species, creation of the wetland restoration area at the northern edge of the woodlot. 3.8 Provided the agreements are executed by Miller by the time Council considers the removal of holding application, the conditions for removing the holding will be secured in principle, if not fully completed. 4. RECOMMENDATIONS 4.1 In consideration of the comments noted above, the approval of the removal of the "Holding (H)" symbol for Phase 1 of the Miller compost facility as shown on the attached by-law (Attachment 1) is recommended. The by-law makes reference to Section 24 of the Planning Act, which permits By-laws to be adopted that will be in conformity with the official plan once the Official Plan amendment comes into effect. Attachments Attachment 1: Zoning By-law Amendment List of interested parties: Tom Jones Miller Paving Limited Attach ment 1 To Report PSD-114-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to amend By-law 64-<;3, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 64-<;3, as amended, of the Corporation of the fonmer Town of Newcastle to implement application ZBA 2006-0028; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By-law 84-<;3, as amended, is hereby further amended by changing the zone designation from: "Holding - Agricultural Exception ((H)A-77)" to "Agricultural Exception (A-77)" As illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall fonm part of this By-law. 3. This By~aw shall come into effect on the date of passing subject to the provisions of Sections 24, 34 and 36 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 This is Schedule passed this II A" day to of By-law 2006- 2006 A.D. , , IlD.otI/oU.OtIANCE~_lAND2 . ! ", i;L . J LOT 27 . ...6.6. ..... ............. .......66.... ........-~. T , 10 .< ~ 0 z iO:: 0 !5 en en UJ 0 '-' l~ z 0 '-' J: I I .,.T . . . ~''''' .<u ~(,.'-lq, '..; ~.. ........ , " , " BASELINE ROAD ROAD.w.ow.o.NCE~ilRDl<EHfRONTCOIIICESSlON ANDCON~l John Mutton, Mayor ~ Zoning Change From "(H)A-77" To "A-77 ~ Zoning To Remain "(H)A-77" ~.......1 Zoning To Remain "EP" Patti L. Barrie. Municipal Clerk DARLINGTON