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HomeMy WebLinkAboutPSD-089-07 Cl~_n REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, July 30, 2007 ~\\,l~OiI=1t- t; PA-t7fo-d1 PSD-089-07 File #: ZBA 2007-0035 By-law #: ~oo'1-/1 a Meeting: Report #: Subject: SOLAR ENERGY GENERATION FACILITY APPLICANT: HYBRIDYNE POWER SYSTEM CANADA RECOMMENDATIONS: It;, is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-089-07 be received; 2. THAT provided there are no major issues raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA 2007-0035) submitted by Hybridyne Power System Canada to change the zoning category of 10.5 acres land from "Agricultural (A) Zone" to "Agricultural Exception Zone A- 80" to allow the proposed solar energy generation facility and that the By-law contained in attachment be PASSED; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~...J04- Franklin Wu, Chief Administrative Officer JW/COS/DJC/df/sh/jd July 24, 2007 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-089-07 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Hybridyne Power System Canada 1.2 Owner: Blaise Pucci 1.3 Proposal: 2 Mega Watt solar photo voltaic grid- connected renewable electricity generation plant (solar energy generation facility) 10.5 Acres 1.4 Area: 1.5 Location: Part Lot 19, Concession 2, former Township of Clarke 2.0 BACKGROUND 2.1 On June 15, 2007, Mr. Thomas Cleland, on behalf of Hybridyne Power System Canada, submitted an application for a Zoning By-law Amendment to allow for the development of a solar energy generation facility in 10.5 acres of subject land. 2.2 Prior to making the above application, the applicant had a pre-consultation meeting with planning staff on the proposal on February 23,2007. 2.3 As part of the application, the applicant submitted the following documents/studies: · Agricultural Land Impact Analysis Report dated June 14, 2007 prepared by Toombs Consulting. · Conceptual Site Plan Drawing dated June 12, 2007, prepared by IBI Group. · Grading and Drainage Plan dated June 14, 2007, prepared by Jacques Whitford. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant. The subject property is characterized by bush vegetation and a few trees (see figure 1). To the south, seven existing residential buildings on Highway 2 and one residential building on Brownsville Road back on to the subject land. To the east, ten residential buildings front on Brownsville Road opposite to the subject property. The north and west sides of the property face to the existing farm lands. REPORT NO.: PSD-089-07 PAGE 3 FIGURE 1 A view of the development site from Brownsville Road FIGURE 2 The view of the Southeast corner of the development site from Brownsville Road .... .~ REPORT NO.: PSD-089-07 PAGE 4 3.2 The surrounding uses are as follows: North - South - East West - Existing farm land and Golf Course One and two storey residential buildings Brownsville Road and existing residential buildings Existing farm land and residential buildings 4.0 PROVINCIAL POLICIES 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that increased energy supply should be promoted by providing opportunities for energy generation facilities to accommodate current and projected needs, and the use of renewable energy systems and alternative energy systems, where feasible. These energy systems are to be permitted in settlement areas, rural and prime agricultural areas in accordance with the provincial and federal requirements. In rural areas and prime agricultural areas, these systems should be designed and constructed to minimize impacts on agricultural operations. The PPS also say that prime agricultural areas (where prime agricultural lands predominate) shall be protected for long-term use for agriculture. Specialty crop areas shall be given the highest priority for protection, followed by Classes 1, 2 and 3 soils, in this order of priority. Proposed new secondary uses and agriculture related uses shall be compatible with, and shall not hinder, surrounding agricultural operations. New land uses shall comply with the minimum distance separation formula. The proposed solar energy generating facility would contribute to the removal of the land from an agricultural area. Municipalities may only exclude land from prime agricultural areas for limited non-residential uses provided that: · the land does not comprise a specialty crop area; · there is a demonstrated need within the planning horizon provided for additional land to be designated to accommodate the proposed use; . there are no reasonable alternative locations which avoid prime agricultural areas; and, . there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 4.2 Greenbelt Plan The Greenbelt Plan designates the lands as Protected Countryside area and the subject land is subject to the Rural Areas policies under the Agricultural System. The Natural Heritage System Policies state that new developments or site alteration as permitted by the policies of Official Plan shall demonstrate that there will be no negative effects on key natural heritage or hydraulic features, connectivity between key natural features are enhanced, removal of other natural features should be REPORT NO.: PSD-089-07 PAGE 5 avoided and the disturbed area of any site does not exceed 25 percent, and the impervious surface does not exceed 10 percent, of the total development area. The proposals for non-agricultural uses must demonstrate that the use is appropriate for location in a rural area and there are no negative impacts on the biodiversity or connectivity of the Natural Heritage system. The subject land lies entirely within the Greenbelt, but is not located in proximity to the natural heritage system. The site falls outside the regulatory 120 m key hydraulic or natural area buffer zone. The site is generally level thus it experiences significantly little runoff even during larger precipitation events. No earth moving is required for the proposed development and there will be no negative impacts on the natural heritage system. 4.3 Provincial Growth Plan The Growth Plan states that the Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlement areas and the development outside of settlement areas, may be permitted in rural areas, if they can not be located in settlement areas. Municipalities will develop and implement official plan policies and other strategies in support of energy conservation including identification of opportunities for alternative energy generation and distribution. The proposal meets the policies of the PPS, Greenbelt, and the Provincial Growth plan. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan The Durham Regional Official Plan designates the subject lands as 'General Agricultural Area'. General Agricultural areas shall be used predominantly for agriculture and farm related uses. In addition, non-agricultural uses, such as riding and boarding stables, kennels, allotment gardens and fur and sod farms, may be permitted, provided that such uses are compatible with their surroundings, will not conflict with agricultural activities, and conform with the Agricultural Code of Practice. The policies restrict the development of the lands with class 1 to 4 soils as defined by Canada Land Inventory Soil Capability Classification for Agricultural Capability. The development of electric power facilities is to occur in an orderly manner to facilitate the efficient and reliable provision of adequate electric power. Electric power facilities are permitted in all land use designations, provided that the planning of all such facilities satisfies the requirements of the Environmental Assessment Act and is carried out having regard to the other policies of this plan. The proposal conforms to the Durham Regional Official Plan Policies. REPORT NO.: PSD-089-07 PAGE 6 5.2 Clarinoton Official Plan The Clarington Official Plan designates the land as General Agricultural Area and they shall be predominantly used for farm and farm related uses including the use of land, buildings and structures for nurseries, the growing of crops and raising of livestock. Home-based occupations, limited home industry uses, seasonal farm produce stands are permitted provided the produce is grown locally. In-addition, lands may be used for farm related industrial/commercial uses such as grain drying, bulk storage and the sorting of produce, farm co-operatives, livestock sale barns, abattoirs, animal husbandry services and far machinery sales and repair. The Official Plan states that such permitted uses: · Are compatible with the existing and/or designated land uses in the surrounding areas and do not generate excessive amounts of odour, traffic and other nuisances; · Do not conflict with surrounding agricultural operations · Are not located on Class 1 or 2 soil as defined by the Canada Land Inventory of Soil Capability for Agriculture · Conform with the Minimum Distance Separation Formulae · Do not abut any designated rural settlement areas. Although the Clarington Official Plan policy on Utilities states that new electrical generation stations proposed by private corporations shall only be permitted by amendment to the official plan, it does not specifically speak to a solar energy generation facility, which is significantly different than typical electrical generation stations in terms of building mass, visual impact, infrastructure demand, etc. Generally, the visual character of this kind of small scale solar panel farm would be much similar to a green house/nursery development which is permitted in the current Clarington Official Plan. The nature of the type of use proposed is passive; the type of use does not introduce or attract human activity. The proposed location for the solar energy generation facility at the south east corner of the block of existing farm land does not fragment the existing field patterns. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as Agricultural (A) Zone and permits a single dwelling, home occupation uses, cemeteries and places of worship, conservation and forestry, a farm, a wayside pit or quarry, commercial kennels (existed prior to June 28, 2004), fur farms, riding and boarding stables, seasonal farm produce sales outlet and private kennels. The Zoning By-law does not permit the proposed use and therefore this requires an Amendment to the By-law. REPORT NO.: PSD-089-07 PAGE 7 7.0 CLARINGTON CORPORATE STRATEGIC PLAN 7.1 The Clarington Corporate Strategic Plan adopted by Council in June 2007 promotes alternative energy technologies and recommends giving high priority to the development applications that support alternative energy technologies. 8.0 SUMMARY OF BACKGROUND STUDIES 8.1 An Agricultural Lands Impact Analysis Report has been provided to support the application. The findings of the report are as follows: · The development does not take any farmland out of production. · There will be little disturbance to the land and no foreseen conflicts or impacts with any abutting agricultural uses. . Development complies with the Minimum Distance Separation requirements. · The site is not considered as a prime agricultural area as defined by Provincial Policy Statement. · There are no anticipated conflicts with the surrounding agricultural uses. 9.0 PUBLIC NOTICE AND SUBMISSIONS 9.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands on June 30,2007. The appropriate notice was mailed to each landowner within the prescribed distance of 120 metres from the site on June 29,2007. 9.2 Three residents in Brownsville had phone inquiries on the proposed project. One person commented that the security fencing should be installed around the solar panel construction area, and not along the property boundary. Furthermore, he mentioned that an intensive tree screening should be required along the south boundary of the property to deal with the negative visual impact due to the development. 10.0 AGENCY COMMENTS 10.1 The application was circulated to relevant agencies on June 20, 2007 and the following comments were provided. . Clarington Engineering Department had no objection to the application. The following technical issues will be dealt with as part of the site plan process. o A small ditch to be installed along the southern extent of the proposed site on the northern side of the tree buffer must be clearly shown. o The details of the proposed fencing should be provided and the costs related to the construction of an entrance/access to the subject property from Brownsville Road will be the responsibility of the developer. REPORT NO.: PSD-089-07 PAGE 8 . Clarington Building Division has no objections to this application and the applicant will be requested to pay the required municipal and regional development charges on the enclosed solar inverters to be enclosed in shipping containers. · The Durham Regional Planning Department has provided following comments: "The solar power facility is proposing to generate two megawatts of power on ten acres of an uncultivated portion of an agricultural property; the remainder of the property is being actively farmed. The proposal is permitted within the Regional OP General Agricultural designation and is exempt from EAA requirements. Both the PPS and the Growth Plan support renewable energy systems in rural areas. An impact analysis submitted in support of the application indicates that agricultural operation will not be impacted. A Regional Official Plan Amendment is not required and we have no objection to the proposal". · The Regional Health Department commented that they have no objections. · The Hydro One has no objection to this application. 11.0 STAFF COMMENTS 11.1 The Durham Regional Official Plan supports these type of uses and states that electric power facilities are permitted in all land use designations, provided that the planning of all such facilities satisfies the requirements of the Environmental Assessment Act and is carried out having regard to the other policies of this plan. The Clarington Official Plan did not contemplate commercial scale solar energy generation facilities but this project supports the sustainability objectives of the Plan and it is reasonable to consider this as a desirable use with minimal impact on surrounding uses. 11.2 Under the new Environmental Assessment (EA) requirements for electricity projects, the Ministry of Environment has classified electricity projects based on the type of fuel to be used, the size and, in some cases, the efficiency of the planned facility. There are three categories of projects, each with different requirements. Category 'A' projects are those which are expected to have minimal environmental effects. The Solar Energy generation projects are classified as Category 'A'. These projects do not require approval under the Environmental Assessment Act, and are not designated as being subject to the Act in the Electricity Projects Regulation. Also the applicant has stated that the proposed project has the transformer station capacity less than 115 KV, and therefore this does not require Certificate of Approval. 11.3 The subject land is not being farmed and it is not a part of a specialty crop area. As per the agricultural assessment report prepared by Toombs Consultants, the Canada Land Inventory mapping indicates that the eastern 70% of the site is a Class 4 soil with stoniness limitations and the western 30% portion is a complex of 70% class 1 and 30% class 3 soils with topography limitations. Therefore the majority of the site is not prime agricultural soil. The proposed use is justifiable in terms of the Provincial Policy Statement. REPORT NO.: PSD-089-07 PAGE 9 11.4 Through a review of aerial photos since the 1980's, it was determined that the land has not been farmed for more than 20 years. As such, trees and other scrub vegetation have started to grow on the lands. This development will not take current farm lands out of production. The development is proposed in such a way that the physical disturbance to the land is minimal. The solar panels are to be fixed to the ground by steel poles directly driven into the soil and no concrete pad construction is proposed on the site. There will be no construction of any structures such as office buildings on the site and five containers which house solar invertors are to be placed on the ground. The applicant proposes that after anchor post and solar panel installation, the site will be generally reseeded with a shade tolerant grass mixture to reduce future soil loss and erosion from runoff. Therefore, if the development was decommissioned, the land could revert back to lands for farming without much effort. In that case, the entire solar photovoltaic system will be disassembled and removed from the site and steel support structure will be dismantled. Any concrete foundations and electrical conduits will be disposed of and all road ways will be removed and necessary methods will be taken to rehabilitate the soils to resume agricultural operations. 11.5 The visual disturbance to the adjacent residential land owners will be minimized by providing a screening with landscape buffer zones. Coniferous and other trees will be planted in the south and east boundaries. It is the applicant's intent to relocate many of the existing trees in the subject property within the buffer zone and maintain them to ensure their survival. Due to the relatively low height of the panels (1.5m from the ground), visual impact is expected to be minor. 11.6 The site is developed with a graveled access lane and the solar panel and shipping container area of the site is fully protected with a 2.4m high chain link security fence with a gate hence no public risk is anticipated. 11.7 The applicant has forwarded a site plan for the proposed project and it is under review. A site specific Zoning By-law Amendment is recommended on the following basis: · The proposal is consistent with the Provincial Policy Statement and Official Plans. The site is located predominantly on lower priority soils and it does not fragment the existing field patterns. · The proposal demonstrates that the disturbances to the existing agricultural operations are minimal. This development minimizes the disturbance to the soil and does not alter the site significantly and could revert for use as a farm. · The proposal will be compatible with the adjacent land uses. · The equipments and electrical components do not create adverse noise. · There will be no increased traffic in the area. . The project supports the sustainability objectives of the Clarington Official Plan and the economic development objectives of the Municipality's Corporate Strategic Business Plan. · The site plan process that is running concurrently will deal with technical issues such as landscaping, landscaped buffers, drainage, and entrances. REPORT NO.: PSD-089-07 PAGE 10 12.0 CONCLUSIONS 12.1 In consideration of the comments received from the circulated agencies the public and our planning review of the proposal it is recommended that, provided there are no major issues raised at the Public Meeting, the application for Zoning By-law Amendment (ZBA 2007 -0035) submitted by Hybridyne Power System Canada to change the zoning category of 10.5 acres land from "Agricultural (A) Zone" to " Agricultural Exception Zone A- 80" to allow the proposed solar energy generation facility and that the By-law contained in attachment be PASSED. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be notified of Council's decision: Dan Boudreak Michael McLenon - :! .~ c ~ m - Q. III ::I c o :;:: III U o .J ~ CD Q. e 11. - c "~ 0.. ~ ~ "0 CD C ~ I/) "0 C CO .J I/) _ "0 0 C "- CO CD .J "0 ~ "~ :0' E :J CD CI) 0::: II II. 00 !:;I ,~ / "iv. \'. '!t3~ ,~~ ~8S / ~O~. 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CD II) '(i m i.: CD C ~ o ~ E 15, <f) <f) <f) "' <f) 5 w w U <f) ~ u u w ~ CD .. ~ u w 0 u w w .. :; u z W 0- U :> .. u ~ ~ a:: ~ w W <f) 5 <f) w ...J "' <f) Gi c: ;!; (lJ c.. ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007-_ being a by-law to amend By-law 84-63, 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 84-63, as amended, of the former Town of Newcastle in accordance with applications ZBA 2007-0035 to permit a photovoltaic grid connected electricity generation plant ( a solar energy generation facility) development as a permitted use; 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 sub-section 6.4.80 as follows: "6.4.80 AGRICULTURAL EXCEPTION (A-80) ZONE" Notwithstanding Section 6.1, 6.2 and 6.3 those lands zoned A-80 on the Schedules to this By- law shall only be used for a farm or a photovoltaic grid-connected electricity generation facility subject to the following definitions and zone regulations: a) Definitions i) Coniferous Plantinq Strip A landscape feature comprised of coniferous tree species planted in such a manner as to visually screen the view of one property from the adjacent property. b) Regulations i) Front Yard set back (minimum) 75 m ii) Rear Yard Set back (minimum) 10 m iii) Interior side yard set back (minimum) 10 m iv) lot Area (maximum) 5 ha v) Total floor area of buildings (maximum) 250 sq m vi) Planting Strip Requirements A coniferous planting strip shall be required along the south and east limits of the solar panels. 2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone", to "Agricultural Exception (A-SO) 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 hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2007 BY-LAW read a second time this day of 2007 BY-LAW read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 2 To PSD-089-07 [This is Schedule "A" to By-law 2007- passed this day of ., 2007 A.D. Remainder of Lands Owned by Applicant PHASE 3 PHASE 2. 2303PANE,LS 'If 2311 PArlELS :l~~D~"f ".; '" , COf~~Vl"l:.li\Ii'.!.~1IO . S~~~fKJ~$. PHASE "1 ~ 12179 PAI'i~~s.< , 3 " ,....- .-.J "~'-G~~~~= .~ ~ / .."C~~.L?CM~.tlTC . ~~ ,~ 15. Co <( >- ..c "0 QJ c. 3:' o ~ i ~ 'r '5 ~ QJ "0 .~ i E " QJ ~ c:: o .' , <( o a::: ?) ,I ~ i ~ \ ~. i ,~ " ~ P.'ART ..{,. It. ~, ,~~ :4 .' 'i~' ;' 1 ," ~ \' <'1 ~ \ ", ~ \_:N N555_-q<-V~:K/ ,,~,:~; PuW IO/? ~ 2249 '. I '\ ,\, 'I 11 I pA.Rr 5 I :& . i2 I: jot k:e ...... ~ i ~~ I '<...~ I <<~ I". ~ - .' .f I ~c I ~, / i . "'.1<. .1. j,;" P.4RT .. 6> _...... . . $J''''~''' '; . ..,;.;. I." :f" ;.ttl'flll .:;n ?' , \. .'!t' 1'~"'''_'''''''~t1''I)(t ___". __ _ __ ~. U) H-:;_ r....... , :~ " ~ ~l ~. "I" .. :St ~~ ~ ~ ~"". ,-,:.b;'".l.' ~ ii' ~ .. .~, " '. . ..,,~.)()tt"'!. .....-. - -' DURHAM HIGHWAY 2 ~ Zoning Change From "A" To "A-BO" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Ul Z 4: c:> ~ o ::2 Clarke .. Subject Lands ~ Remainder of Lands Owned by Applicant , W ....J ....J 5 (/) I Z \. > L > o a::: co 2 J I ~ ~