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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting:
General Pwpose and Administrative Committee Meeting File # 1JDtI
Monday, October 4, 1999 Res. #&/11-4 ~g'-1~
Date:
Report #:
PD-l09-99
File #: PLN 32.11.9
By-law #
Subject:
DEFERRALS 19 AND 39 TO THE CLARINGTON OFFICIAL PLAN
WALTER AND JAMES HALE
FILE: PLN 32.11.9
Recommendations:
It is respectfully recommended that the General Pwpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-l09-99 be received;
2. THAT the Region of Durham be requested to lift Deferral No. 19 to the Clarington
Official Plan and approve the underlying land use designation as shown on Map Al
(Clarke);
3. THAT the Region of Durham be requested to lift Deferral No. 39 to the Clarington
Official Plan and approve Section 4.3.8, and further to approve Sections 4.8.9, 4.9.11,
4.8.12,4.9.2 and 4.9.3 as modified by Modification No. 172 attached to this Report as
Attachment No.2; and
4. THAT the Durham Region Planning Department, and all interested parties listed in this
report and any delegation be advised of Council's decision.
1. BACKGROUND
1.1 At the time of Regional Council approval of the Clarington Official Plan in October
1996, the approval of the following two portions of the Plan was deferred:
. Deferral No. 19 - the land use designation of the existing landfill site located in Part
Lots lland 12, Concession 3, former Township of Clarke, owned at that time by
Laidlaw Waste Systems (see Attachment No.1);
. Deferral No. 39 - Section 4.3.8 (Environmental Impact Studies), Sections 4.8.9
through to 4.8.12 (Waste Disposal Assessment Areas), and Sections 4.9.2 and 4.9.3
601
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REPORT PO-109-99
PAGE 2
(Waste Disposal Sites), all as they relate to an application for approval of a Waste
Management Site.
1.2 Regional Staff had recommended the deferral of the land use designation for the landfill
site (Deferral 19) on the basis that it was related to Referral No. 36 to the Regional
Official Plan, also submitted by Laidlaw. In a letter to the Region, Laidlaw indicated
support for Deferral No. 19 and further requested the deferral of the policies listed above
(Deferral No. 39). Laidlaw indicated that the deferrals would afford the Municipality, the
Region and Laidlaw "an opportunity to engage in constructive dialogue with respect to
the policies and desiguations which are appropriate for waste management generally. In
addition, deferral of the various policies will permit the further review and consideration
of the proposed Plan in light of the recent approval and modification of certain policies
contained in the Region of Durham Official Plan."
1.3 Since that time, the ownership of the lands previously owned by Laidlaw, and therefore
the "interest" in Deferrals 19 and 39, has reverted to Walter and James Hale. Staffhave
had discussions with representatives of the Hale family regarding the deferrals and have
reached an agreement on a proposed modification to the Official Plan to address their
concerns. A copy of Modification No. 172 as proposed by Staff forms Attachment No.2
to this report.
2. OVERVIEW OF PROPOSED MODIFICATION
2.1 The primary concern of the Hales relates to the study requirements for an application for
approval of a waste management site, in particular the requirement of Section 4.3.8 that
the applicant pay for the Municipality to retain a consultant to undertake an
Environmental Impact Study. The Hales have indicated that this requirement represents a
duplication of the study requirements of the Environment Assessment Act and the
policies of the Durham Region Official Plan.
2.2 Staff recognize the validity of this concern and accordingly have proposed to modify the
policies of Section 4.9 (Waste Disposal Sites). Specifically, Section 4.9.2 would be
602
REPORT PO-109-99
PAGE 3
modified to require that an application to designate a new waste disposal site and lor
expand or increase the capacity of an existing site be accompanied by reports which
address the requirements of Section 4.3.8 a) to g). A new policy (Section 4.9.3) would be
added to provide for Council to retain qualified consultants, at the expense of the
applicant, to undertake a peer review of the studies to ensure that the requirements of the
Official Plan have been satisfactorily addressed. The undertaking of this peer review
would be co-ordinated with the Region where appropriate.
2.3 The proposed modification addresses the Hale's concern regarding the duplication of
study requirements by enabling an applicant to retain his own consultant to prepare one
comprehensive report to address the requirements of the Clarington Official Plan, the
Regional Official Plan and relevant provincial legislation. The peer review policy will
permit the Municipality to retain qualified consulting expertise to assist in the review of
the applicant without undue financial burden.
2.4 The modification does not propose to change the land use designation of the lands subject
to Deferral No. 19. As such, the lifting of Deferral No. 19 will enable the Region to
approve the underlying land use designations (Green Space and Environmental Protection
Area). The modification also does not propose any substantive modifications to the
policies related to Waste Disposal Assessment Areas.
2.5 Mr. Anthony Biglieri of Plantactics Group Ltd., acting on behalf of Water and James
Hale, has submitted a letter to the Municipality indicating his concurrence with the
proposed modification. A copy of this letter forms Attachment No.3 to this report.
3. CONCLUSION
3.1 Modification No. 172 will allow for the modification and approval of the Official Plan's
policies related to Waste Disposal Sites. This is particularly important given the pending
submission of an application by Clarington Waste Processing Ltd. for approval of a
landfill site.
603
REPORT PO-l09-"
PAGE 4
Reviewed by,
Davi Crome, M.C.I.P., RP.P.
Director of Planning & Development
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Franklin Wu, M.C.I.P., RP.P.,
Chief Administrative Officer
JAS"DJC"cd
September 20, 1999
Attachment No. I - Lands subject to Deferral No. 19
No.2 - Proposed Modification No. 172
No.3 - Letter from Plantactics Group Ltd.
Interested parties to be notified of Council and Committee's decision:
Mr. Anthony Biglieri
Plantactics Group Ltd.
28 Bellefair Avenue
Toronto, Ontario
M4L 3T8
Mr. James Hale
Newcastle Recycling Limited
R.R.#1
Orono, Ontario
LOB IMO
Mr. Sam Cureatz
Barrister & Solicitor
104 James Street West
Newcastle, Ontario
Mr. Richard Lovekin
196 Lovekin Road
R.R#8
Newcastle, Ontario
LIB IL9
Mrs. Terri Caswell
3725 Reid Road
Newtonville, Ontario
LOA 110
604
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REPORT PD-l09-99
Reviewed by,
Davi Crome, M.C.I.P., R.P.P.
Director of Planning & Development
dv~~
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
JAS*DJC*cd
September 20, 1999
Attachment No. 1- Lands subject to Deferral No. 19
No.2 - Proposed Modification No. 172
No.3 - Letter from Plantactics Group Ltd.
Interested parties to be notified of Council and Committee's decision:
Mr. Anthony Biglieri
Plantactics Group Ltd.
28 Bellefair Avenue
Toronto, Ontario
M4L 3T8
Mr. James Hale
Newcastle Recycling Limited
R.R. #1
Orono, Ontario
LOB 1MO
Mr. Sam Cureatz
Barrister & Solicitor
104 James Street West
Newcastle, Ontario
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ATTACHMENT .,
~ LANDS SUBJECT TO DEFERRAL 19
LOT 1 4 LOT 1 3 LOT 1 2 LOT 11 LOT 1 0
CONCESSION ROAD 4
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ATTACHMENT NO.2
MODIFICATION NO. 172 TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: At the time the Clarington Official Plan was approved by Durham Region
Council, certain portions of the Official Plan were deferred. Deferral No. 19
relates to the land use designation on Map AI(Clarke) of certain lands in Part Lots
II and 12, Concession 3, former Township of Clarke. Deferral No. 39 relates to
Sections 4.3.8 (Environmental Impact Studies), Sections 4.8.9 to 4.8.12 (Waste
Disposal Assessment Areas), and Sections 4.9.2 and 4.9.3 (Waste Disposal
Sites), all as they relate to an application for approval of a waste management site.
The purpose of this modification is to resolve Deferrals Nos. 19 and 39.
BASIS:
This modification is based on the approved policies of the Durham Regional
Official Plan and submissions made to the Municipality.
ACTUAL
MODIFICATION: The Clarington Official Plan is hereby modified as follows:
1. In Section 4.3.8, by adding the word "Provisional" before the words
"Certificate of Approval" in the first sentence.
2. In Sections 4.8.9, 4.8.10, 4.8.11, and 4.8.12, by replacing all references to
the "Ministry of Environment and Energy" with "the Province".
3. In Section 4.9.2, by deleting the second sentence and inserting the
following sentence thereto:
"An application to designate lands for a new waste disposal site and/or
expand or increase the capacity of a waste disposal site, shall be
accompanied by reports which address the requirements of Section 4.3.8
a) to g) of this Plan, the impact on surrounding residents including traffic,
noise and dust, and the financial implications to the Municipality. These
studies shall be subject to peer review under Section 4.9.3."
4. By adding a new Section 4.9.3 as follows, and renumbering subsequent
sub-sections accordingly:
"4.9.3 Where the proponent of an application to establish, expand or
increase the capacity of a waste disposal site has submitted studies
to the Province, the Region or the Municipality, Council shall
select and retain qualified consultants to undertake a peer review of
such studies to ensure that the requirements of Section 4.9.2 are
satisfactorily addressed. The expense of the peer review shall be
borne by the proponent. Where appropriate, the undertaking of the
peer review shall be co-ordinated with the Region."
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IMPLEMENTATION: The proVIsIOns set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall apply in regard
to this modification.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan, shall apply in regard to
this modification.
007
plantactics
GROUP LTD.
ATTACHMENT NO.3
.:..:..:.
Anthony Biglieri
Refer to Bellefair Avenue Office
August 25, 1999
The Corporation of the Municipality of Clarington
Planning Department
40 Temperance Street
Bowmanville, Ontario
L 1C 3A6
WlJ!(tmll\VJ\l\D
SEP 0 UJ99
MllNIC\P~m' Ol'~~:ON
PlAN~NG OS'An...'
Attention: Mr. D. Crome, Director of Planning
Dear Sir,
RE: Deferrals 19 and 39 to the Clarington Official Plan
Lots 11 and 12, Concession 3 Former Township of Clarke
Walter and James Hale
Our Project No. 9819
Further to our meeting with Ms. Janice Auger Szwarz on July 6, 1999, our client
is prepared to accept the modifications as outlined in your letter dated August 26,
1998 (attached), subject to the following change as highlighted: Section 4.9.2-
"An application to designate lands for a new waste disposal site and/or expand or
increase the capacity of a waste disposal site, shall be accompanied by reports
which address the requirements of Section 4.3.8 a) to g) of this Plan".
The following represents our discussion, interpretation and agreement at the
meeting on July 6, 1999 with Ms. Janice Auger Szwarz:
Section 4.3.8 Environmental Impact Statement of the Clarington Official Plan
requires that a proponent of a development application bear the expense of an
environmental impact study. However, the issues that are addressed in this
study which is required by the Region of Durham and Municipality of Clarington
through this policy would already be addressed in accordance with the
requirements ofthe Environmental Assessment Act R.S.O. 1990, c.E18, as
amended. The Act requires the preparation of Terms of Reference prior to
proceeding with an Environmental Assessment. The Municipality of Clarington,
the Region of Durham and the public will provide input in the preparation of the
Terms of Reference, prior to the Minister of Environment approving the Terms of
Reference. The aspects of the Environmental Impact Study will be coordinated
with the Terms of Reference.
PLANNING & PROJECT MANAGEMENT CONSULTANTS
15 Glenmoun! Park Road, Toronto, Ontario, M4E 2MB
Telephone (416) 6944959 Fax (416) 694-2334 or (416) 693-9155
internet address: scott-plantact@inforamp.net
2B Bellefair Avenue, Toronto, Ontario, M4L 3TB
Telephone (416) 693-9155 Fax (416) 693-9155
internet address: tony-plantact@inforamp.net
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p/antactlcs
GROUP LTD
2
In addition. Section 2.3.17 of the Region of Durham Official Plan states that in the
consideration ... select and retain a qualified environmental consultant to
prepare an environmental impact study at the expense of the proponent except
for developments. which satisfy the provisions of the Environmental Assessment
Act and the Region.... Therefore. in an attempt to avoid duplication, a separate
Environmental Impact Study as referred to in the Official Plan is not required.
As discussed and agreed upon, our proposal to seek an expansion of the
existing landfill site (Provisional Certificate of Approval issued under the
Environmental Protection Act R.S.O.1990.c E.19. as amended) would require the
preparation of an Environmental Impact Study under the Environmental
Assessment process. Neither the Region of Durham nor the Municipality of
Clarington would retain a qualified environmental consultant to undertake this
study under this policy. The Region together with the Municipality would be
required to select and retain a qualified consultant to undertake a peer review of
the required studies. The cost of this peer review will be funded by the
proponent. subject to such costs being reasonable and acceptable.
As you are aware. Clarington Waste Processing Ltd. is proceeding with the
preparation of the "Terms of Reference" for the expansion of the existing landfill
under the Environmental Assessment process. It is our understanding that the
Municipality and Region will be responding to the "Terms of Reference" in
September 1999.
Should you have any questions or require further information. please do not
hesitate to contact the undersigned.
I C S G R 0 U P LTD.
ce. Clarington Waste Processing Centre Ltd., att'n. Mr. W. and J. Hale
Mr. Sam Cureatz
Mr. Dick Lovekin