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HomeMy WebLinkAboutPSD-026-09Clarington Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~/~ p q Date: Monday, March 9, 2009 ~r-So~~t~b>'I X71 ~-~~' ~/ Report #: PSD-026-09 File #: ZBA 2009-0002 By-law #: Subject: GENERAL AMENDMENT TO ZONING BY-LAW 84-63 REGARDING CLARIFICATION TO WASTE DISPOSAL USE PERMISSIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-026-09 be received; 2. THAT the draft Zoning By-law Amendment as contained in Attachment 1 be continued to be processed; and 3. THAT the Region of Durham Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b .David J. C , MCIP, PP Director of Planning Services CP/df 3 March 2009 Reviewed by: Fr klin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-026-09 PAGE 2 1.0 BACKGROUND 1.1 At a Council meeting on February 9, 2009 the following resolution was passed: "That the Director of Planning Services be requested to examine the M1, M2 and M3 provisions of Zoning By-law 84-63 with respect to the use of land ,buildings or structures for waste disposal sites as defined in the Environmental Protection Act and if deemed prudent in order to avoid doubt, bring forward a general amendment that will clarify the intent of the Municipality to prohibit this activity in all industrial zones except in those cases where specifically permitted by the By-law in a special exception zone." 1.2 The Environmental Protection Act defines `Waste Disposal Site' as follows: (a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and (b) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a); 1.3 Zoning By-law 84-63 currently has a definition for waste disposal area as follows: "Shall mean a place where garbage, refuse or domestic or industrial waste is dumped, destroyed, or stored in suitable containers." The zoning by-law is interpreted that where a use is defined and not identified as a permitted use in any zone, said use is not permitted to be established. A waste disposal area is not identified as a permitted use in the M1, M2, or M3 zone. Currently with the Light Industrial (M1) Zone of the Zoning By-law there is an exception zone, Light Industrial Exception (M1-9) Zone, which permits a waste relate use. This is the Canada Waste site in Courtice, south of Baseline Road and east of McKnight Road. The M1-9 zone permits a waste transfer station and material recovery and recycling facility. 1.4 A Draft Zoning By-law Amendment was prepared and circulated to the agencies and was available for review at the Planning Services Department counter. A copy of the draft by-law is contained in Attachment 1. 2.0 PROVINCIAL POLICY 2.1 Provincial Policv Statement 2.1.1 The Provincial Policy Statement focuses growth within settlement areas to create healthy, liveable and safe communities. This includes avoiding land use patterns which may cause environmental or public health and safety concerns. Employment areas shall promote economic development and competitiveness, providing opportunities for a diversified economic base. Waste Management systems shall be located and designed in accordance with provincial legislation and standards. They shall be appropriately sized to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives REPORT NO.: PSD-026-09 per.F z 2.2 Growth Plan 2.2.1 The Growth Plan requires urban areas to develop at density of 50 people or jobs per ha. Municipalities will promote economic development and competitiveness by providing for an appropriate mix of employment uses providing opportunities for a diversified economic base. 3.0 OFFICIAL PLANS 3.1 Durham Regional Official Plan The Durham Regional Official Plan designates Employment Areas to be used for manufacturing, assembly and processing of goods, service industries, research and development facilities, and warehousing among other uses. Uses declared obnoxious under any applicable statute, regulation or guideline are not permitted. 3.2 Clarington Official Plan 3.2.1 The Clarington Official Plan contains four employment area designations: Business Park;. Prestige Employment Areas; Light Industrial Areas; and General Industrial Areas as designated. 3.2.2 The Employment Area policies contain specific policies pertaining to waste processing that state: "waste processing facilities for non-toxic materials such as paper, glass, metal, construction waste and plastics, may be permitted by site-specific zoning within the General Industrial Areas, provided that the operation is wholly enclosed within a building or structure. Waste transfer stations may be permitted by site specific zoning provided it is integrated and part of a waste processing facility." 3.2.3 New waste disposal sites and/or the expansion or increase in capacity of an existing waste disposal sites are not permitted within any land use designation without an amendment to this Plan. A waste disposal site refers to the lands which act as the permanent storage site for waste, and shall include any building or structure used for the treatment or processing of the waste prior to its permanent storage on the same site. 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 In response to the public notice placed in the paper the Municipality received a request from St. Marys Cement to be added to the interested parties list with respect to this application, as well the law firm of Weir & Folds requested and was provided a copy of the proposed Draft Zoning By-law Amendment. REPORT NO.: PSD-026-09 PAGE4 4.2 Correspondence was also received from an individual expressing concern that the proposed amendment would discourage entrepreneurs and business people in the recycling business from choosing Clarington if a protracted zoning approval process for specialized zoning is required. 5.0 AGENCY COMMENTS 5.1 A limited circulation of the proposed rezoning was sent to internal departments and to the Region of Durham Planning Department. None of the comments received objected to the proposed amendment. The Region of Durham Planning Department advised that areas zoned M1, M2 and M3 are designated Employment Area in the Regional Official Plan and that the proposed amendment does not conflict with the Regional Official Plan. They have also noted that the York/Durham Residual Waste Environmental Assessment identified a preferred site on the north side of the CNR corridor, east of Osborne Road for a Thermal Treatment Facility (municipal waste incinerator). The Region's comments stated that this proposed by-law does not prohibit a municipal facility from being developed on these lands. 6.0 COMMENTS 6.1 On February 9, 2009, Council directed staff to examine the M1, M2 and M3 provisions of Zoning By-law 84-63 and bring forward a by-law amendment to provide clarity to the Municipality's Zoning By-law to prohibit waste disposal sites, as defined in the Environmental Protection Act (EPA), except where permitted by site specific amendment. A limited circulation of agencies was undertaken, as the proposed amendment is not expected to impact the majority of the technical review agencies. A draft zoning amendment was forwarded to the circulated agencies and was available for. review at the Planning Services Department counter. 6.2 The policies of the Clarington Official Plan do not permit the establishment of a waste disposal site and/or the expansion or increase in capacity of an existing waste disposal site within any land use designation without an amendment to this Plan. The Zoning By-law defines Waste Disposal Area as a place where garbage, refuse or domestic or industrial waste is dumped, destroyed, or stored in suitable containers. This use is not permitted as of right in the core M1, M2 or M3 zones. Based on this definition uses such as waste transferor waste disposal facility have not been permitted to establish without a zoning by-law amendment. As per Council's resolution the draft amendment adds clarity that waste disposal sites are not permitted in the three main industrial zones, unless there is asite-specific exception zone that specifically allows that use. 6.3 A comment received, in response to the public notice, raised concern that the new proposed definition of waste disposal site was so broad it would no longer allow industries dealing with recycling related to waste to establish in Clarington. In this regard, the purpose of this by-law amendment is to add clarity so that any facility that meets the provincial definition of waste and requires a Certificate of Approval for waste management purposes under the Environmental Protection Act, also must have a site specific zoning. While this may incorporate some recycling activities, because of the wide scope of possible land use activities, each use should be evaluated on its own merits and not have an as-of-right permission. REPORT NO.: PSD-026-09 PAGE 5 6:4 The draft Zoning By-law Amendment contains a new definition for 'waste disposal site'. The definition is consistent with the definition contained in the Environmental Protection Act. The proposed amendment also adds a new provision to Section 3 -General Provisions. The proposed new `Section 3.26 -Waste Disposal' clarifies that a Waste Disposal Site is not permitted in any of the M1, M2 or M3 zones or any exception zone thereto. However, as noted previously, the M1-9 zone already has such an exemption. 7.0 CONCLUSIONS 7.1 It is recommended that the proposed Zoning By-law Amendment as contained in Attachment 1 continue to be processed taking into account any concerns raised at the public meeting. Attachments: Attachment 1 - Proposed By-law List of interested parties to be advised of Council's decision: John Shewchuk Wilson Little Uza Roussow, Weir & Folds Attachment 1 To Repoli PSD-026-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2D09- being a by-law to amend By-law 84-63, the 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 Corporation of the Municipality of Clarington to implement ZBA 2009-0002; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 2 -DEFINITIONS is hereby amended "Waste Disposal Shall mean: a) the use of any land upon, into in or~thro~ structure in which, waste is deposited:..dh transported, treated or processed, and `f°'' b) any operation carried out dr machinery or depositing, disposal, handling,'. atprage, processing referred to in clause (a)" ing the following new definition: yhict, or the use of any building or °dof, handled, stored, transferred, used in connection with the transporting, treatment or 2. Section 3 'GENERAL ZONE PROVISIONS" is herebyamended by adding a new 3.26 as follows: "3.26 WASTE DISPOSAL For clarity, noneof theprovisionsof Section 23.1 to 23.7 inclusive, 23.9, 23.10, 24.1 to 2417 inclusive, 25.1 td 25.4 inclusive of By-law 84-63, as amended, shall apply to permit the-use of land, building or structures for any waste disposal purpose, where the waste is not generated on such land, building or structure. 3 ~' This 8y-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act. >r BY-LAW read a first time Phis day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk