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HomeMy WebLinkAboutPD-109-99 v C,' '" ' . - m.J'D-I09-99 ,,- a ~'" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON '-~ 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 , "'-.ft , ~. 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 dv~~ 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 " 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 ~ ATTACHMENT ., ~ LANDS SUBJECT TO DEFERRAL 19 LOT 1 4 LOT 1 3 LOT 1 2 LOT 11 LOT 1 0 CONCESSION ROAD 4 I II/II I II i I I I I I I ----r: -- I I ______ I I kJ./J 1/ I I ~ ==:~ I ~ll i / / / ----------, I I I I I I I I I o <( o e:: z g -l 0... ~ en -~-~ ~ / I ;-ll iA LJ I _ _ _ ___ _L __ __ ___ _ -----T----- --- ------ ROAD ALLOWANCE ETWEEN CONCESSION \~- I I ------- --- - ~--- CLARKE KEY MAP ! ouJ o ~- <( o e:: o w e:: I"') Z o (f) (f) W () Z o () 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." ,. 000 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 ouO 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