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HomeMy WebLinkAbout2002-023 .. . ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2002 - 023 being a By-law to adopt Amendment No. 25 to the Clarington Official Plan. WHEREAS Section 17(2) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 25 to the Clarington Official Plan, being the attached Explanatory Text, is hereby adopted; 2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make application to the Regional Municipality of Durham for approval of the aforementioned Amendment No. 25 to the Clarington Official Plan; and 3. This By-law shall come into force and take effect on the date of passing thereof. BY-LAW read a first time this 25th day of February 2002 BY-LAW read a second time this 25th day of February 2002 BY-LAW read a third time and finally passed this 25th day of February 2002 . --:: .. .. - .. ~' AMENDMENT NO. 25 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Clarington Official Plan is to permit the development of a waste transfer station and material recovery and recycling facility for solid non-hazardous waste as an exception within the "light Industrial Area' designation, and on lands identified as being located on the technically preferrea route for the Highway 407 East Clarington Freeway Link. LOCATION: The lands subject of this amendment are located in Part of Lot 26, Broken Front Concession, former Township of Darlington, at 1 McKnight Road in Courtice. BASIS: This amendment is based upon an application submitted by Canadian Waste Services Inc. to amend the Clarington Official Plan (COPA 2000-007) to permit the development of a waste transfer station and material recovery and recycling facility for solid non-hazardous waste on lands designated "light Industrial Area" in the South Courtice Industrial Area. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding a new Section 23.14.2 as follows: "23.14.2 Notwithstanding Sections 11.6.5, 11.5.4, and 19.3.2, a waste transfer station and material recovery and recycling facility for solid non- hazardous waste shall be permitted on lands designated "light Industrial Area" in Part of Lot 26, Broken Front Concession, former Township of Darlington. The land subject of this amendment is a 7.E hectare portion of the property known municipally as 1 McKnight Road (Assessment Roll No. 18-17-010-050-00110) and more specifically described in the implementing zoning by-law. The truck transport depot, maintenance facility and business ana administrative offices shall be permitted as ancillary uses to the waste transfer station and material recovery and recycling facility, and shal not function independently from these uses. The outside storage 01 waste containers and receptacles shall be permitted as an accessory use to a maximum site area equivalent of 8,200 square metres. The outside storage area shall not be used for the storage of waste or recyclable materials of any kind either within or outside a waste receptacle or container, and shall be visually screened from Highway 401 by a landscaped berm satisfactory to the Municipality 0' Clarington. Council shall zone the lands with an appropriate site specific zonE and shall implement a Holding (H) provision in accordance wit~ Section 36 of the Planning Act, R.S.O. 1990 as amended. Ir addition to the requirements set out in Section 23.4.3 of this Plar regarding the removal of Holding provisions, the Holding provisior shall not be removed and a conditional or full building permit shall no be issued by the Municipality of Clarington until: IMPLEMENTATION: INTERPRETATION: Page: a) the Owner has executed an agreement with the Province c Ontario concerning the Owner's commitment (at their cost) t( dismantle, demolish and remove the waste transfer statior and material recovery and recycling facility for solid non hazardous waste and the removal of any associated approval: necessary to operate the facility. and any associated impacts when necessary for the Province of Ontario to proceed wit! the Highway 407 East Clarington Freeway link once it ha: received environmental approval as an Undertaking; b) the agreement has been registered against the title of thi lands to which it applies; c) the Municipality has received written confirmation from bot! the Province of Ontario and the Owner that the agreement ha: b~en executed to the satisfaction of both parties; and d) The Municipality has received written conformation from thi Region of Durham Health Department that its conditions havl been satisfied. The provISions set forth in the Clarington Official Plan, as amended regarding the implementation of the Plan shall apply in regard to thi~ amendment. The provISions set forth in the Clarington Official Plan, as amended regarding the interpretation of the Plan shall apply to this amendment.