HomeMy WebLinkAboutPSD-094-03
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REPORT
PLANNING SERVICES
Meeting:
Date:
1) oct. C.o pp,. .;x:,oo.oo '1
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1:> 14-. l..GA. ;:10:>0.0';>1..
Monday September 8,2003 GPf'I. 33\-03
Report #: PSD-094-03
File #: PLN 33,2.5
By-law #:
Subject:
CANADIAN WASTE SERVICES INC.
WASTE TRANSFER STATION -1 MCKNIGHT ROAD
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-094-03 be received;
2, THAT the Ministry of the Environment be advised that, in the opinion of the Municipality
of Clarington, an individual environment assessment under the Environmental
Assessment Act for this application is not required;
3, THAT the Ministry of the Environment be forwarded a copy of this report; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
SUbmitte~b &!IlL .
avid J, Crome, MCIP, R.P,P,
Director of Planning Services
Reviewed by: O~~
Franklin Wu,
Chief Administrative Officer
Cp.DJC.sn
August29,2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L lC 3A6 T (905)623-3379 F (905)623-0830
640
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REPORT NO.: PSD.o94.o3
PAGE 2
1.0 PROPOSAL
1.1 On March 28, 2003, Canadian Waste Services Inc, submitted an application to the
Ministry of the Environment for Provisional Certificate of Approval for a solid, non-
hazardous waste transfer station to be constructed and operated at 1 McKnight Road in
the Courtice employment area (Attachment 1), The application requests approval for a
waste transfer station able to receive and transfer a maximum of 800 metric tonnes of
solid, non-hazardous waste per day, Together with their Certificate of Approval request,
Canadian Waste Services Inc. also requested exemption from the provisions of the
Environmental Assessment Act for this proposal.
1,2 The Ministry posted the application on the "Environmental Bill of Rights Registry" from
May 28 to June 27, 2003, In response to the posting, the Ministry received three
submissions in opposition to the proposal, two of them requesting the application be
subject to the Environmental Assessment Act process, As a result, on August 14, 2003,
the Ministry of the Environment requested input from a number of technical agencies
including the Municipality and the Region, as to whether the proposal should be subject
to the Environmental Assessment Act.
1.3 The transfer station will be designed to accommodate 800 tonnes of solid, non-
hazardous residential and ICI (industrial-commercial-institutional) waste on a daily
basis, Waste from collection trucks will be tipped and loaded into trailers for haulage to
an approved waste management site, All operations associated with the loading and
unloading of vehicles will be fully enclosed within the proposed building. Outside
storage will consist of truck parking and storage of empty waste containers and
receptacles, Canadian Waste Services Inc, indicated that once the proposed transfer
station is operational, the facility on the Clarke-Darlington Townline Road will be closed
and operations consolidated at the McKnight Road facility,
1.4 All of the solid non-hazardous waste collected by Canadian Waste Services Inc, in
Clarington will be brought to the new site. In February 2002, this was reported to be
250 - 300 tonnes per day. Solid non-hazardous waste collected by Canadian Waste
Services Inc. from other municipalities east of Toronto to Grafton will also be trucked to
the site. Once fully operational, it is expected there will be approximately 80 waste
collection trucks and 27 long haul trucks entering and leaving the site each day,
2..0 BACKGROUND
2,1 In October 11, 2000, Canadian Waste Services Inc. filed applications to amend the
Clarington Official Plan and Zoning By-law. The applications were to permit the
development of a waste transfer station and material recovery and recycling facility for
solid non-hazardous waste. A Public Meeting for the applications was held on January
8, 2001; notice of the meeting was mailed to all landowners within 120 m of the
property. Sam Cureatz spoke in opposition to the application on behalf of Newcastle
Recycling Inc,
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REPORT NO.: PSD.o94.o3
PAGE 3
2.2 In February 2002, Council approved the official plan amendment (OPA) and zoning by-
law amendment. The approval allowed a waste transfer station and material recovery
and recycling facility for solid non-hazardous waste as an exception to the policies of
the "Light Industrial Area" designation, subject to conditions including no outside storage
of waste or recyclable materials and the provision of a visual screen from Highway 401,
The zoning was approved subject to a "holding (H)" provision, The holding provision is
not to be removed until the owner enters into an agreement with the province with
respect to dismantling the facility should the lands be required for the Highway 407
Freeway Link. The applicant advised that development of the material recovery and
recycling facility would proceed at a later date.
2.3 On July 18, 2003, the Ministry of Transportation advised that they had entered into an
agreement with Canadian Waste Services Inc, regarding the removal of the waste
transfer facility, As such they have no objection to the removal of the "Holding (H)"
symbol from the site zoning.
3.0 COMMENTS
3,1 The Municipality of Clarington, together with the various circulated agencies, reviewed
both the official plan amendment and rezoning application for the proposed transfer
station considering issues of land use compatibility, truck traffic, grading and drainage,
and impacts from the operation and screening of the site, Truck traffic to and from the
site will travel through the Courtice Employment Area and will have minimal impact on
more sensitive land uses. The operation will take place in a wholly enclosed building
and no waste will be stored or processed outside and there will be no emissions or high
levels of noise associated with the operation, The site will be screened from the north
by the railway corridor that abuts the property, and the proponent has agreed to
construct a 4.0m high berm to screen the operation from the south. Clarington
Engineering Services, Central Lake Ontario Conservation Authority and the Region of
Durham Health Department were all satisfied that drainage and servicing issues could
be addressed through the site plan approval process,
4.0 CONCLUSION
4.1 In consideration of the review undertaken as part of the official plan amendment and
rezoning approval and the supporting documentation submitted with the application for
the Provisional Certificate of Approval, the Municipality of Clarington is satisfied that the
proposal does not need to be further reviewed under the Environmental Assessment
Act.
Attachments
Attachment 1
Attachment 2
Attachment 3
Key Map
Conceptual Site Plan
Staff Report PSD-010-02
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REPORT NO.: PSD.o94-G3
PAGE 4
List of interested parties to be notified of Council and Committee's decision:
Mr John Me Dermott
Me Dermott & Associates Limited
1550 Kingston Road
Box 1408
Pickering, Ontario
L 1V 6W9
Solange Desautels
Special Project Officer
Environmental Assessment & Approvals Branch
Ministry of the Environment
2 St. Clair Avenue West
Toronto, Ontario
M4V 1L5
Mr, George Field
Canadian Waste Services lnc
P,O, Box 2398
Oshawa, Ontario
L1H 7V6
The Regional Municipality of Durham
Planning Department, 4th Floor
Lang Tower, PO Box 623, W, Building
1615 Dundas Street East
Whitby, Ontario
L 1N 6A3
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ATTACHMENT 1
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OTHER LANDS OWNED BY APPLICANT
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CONCEPTUAL SITE PLAN
Proposed Waste Transfer Station &
Material Recovery & Recycling Facilities
Part Lots 25 & 26, Broken Front Concession,
(Former Township of Darlington)
Municipality of Clarington
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ATTACHMENT 3
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REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MONDAY, FEBRUARY 18,2002
Resolution #:
Report #: PSD-010-02
File #: COPA 2000-007 By-law #:
ZBA 2000-026
Subject:
OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: CANADIAN WASTE SERVICES INC,
1 McKNIGHT ROAD, COURTICE
PART LOTS 25 AND 26, B,F,C" FORMER TOWNSHIP OF DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-010 -02 be received;
2. THAT Official Plan Amendment application COPA 2000-007 submitted by McDermott &
Associates Limited on behalf of Canadian Waste Services Inc. to permit the development
of a waste transfer station, material recovery and recycling facility be APPROVED as
Amendment No. 25 to the Clarington Official Plan, as indicated in Attachment No.4, and
that the necessary By-law be passed;
3. THAT Rezoning Application ZBA 2000-026 submitted by McDermott & Associates
Limited on behalf of Canadian Waste Services Inc. to permit the proposed development
be APPROVED, as indicated in Attachment No.5, and that the necessary By-law be
passed;
4. THAT the revisions to the applications be deemed minor and as such a new public
meeting pursuant to the requirements of the Ontario Planning Act is not deemed
necessary;
5. THAT a copy of this report, the By-law to amend the Clarington Official Plan, and the By-
law to amend Comprehensive Zoning By-law 84-63 be forwarded to the Region of
Durham Planning Department; and
6. ouncil's decision be forwarded to all delegations and interested parties.
Submitted by:
Dava Crome, M.C.I.P.,RP.P.
Director, Planning Services
, ,0(' 1'-0
Reviewed by:~ r t""- ...:.. '--- - L l...._ "\...
Franklin Wu
Chief Administrative Officer
JAS'BN'DC'df*sn
5 February, 2002
646
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REPORT NO.: PSD.o10..o2
PAGE 2
1,0 APPLICATION DETAILS
1.1 Applicant:
Canadian Waste Services Inc.
1.2 Agent:
McDermott & Associates Limited
1.3 Official Plan Amendment:
To redesignate a 7.5 ha portion ofthe property at 1 McKnight Road located
in Part of Lot 26, Broken Front Concession, former Township of Darlington,
from "Light Industrial Area " to an appropriate designation to permit the
development of a waste transfer station and material recovery and
recycling facility for solid non-hazardous waste.
1 A Rezoning:
To rezone a 7.5 ha portion of the subject property from "Light Industrial
(M1)" and "General Industrial (M2)" to an appropriate zone to permit the
proposed development
1.5 Site Area: The lands subject of the official plan amendment and rezoning applications
cover a total of 7.5 hectares (18.5 acres). They are part of a larger 9.82 ha
(23.42 acre) parcel. (See Attachment 1)
2.0 LOCATION
2.1 The subject lands are located in Part Lot 26, B.F.C., former Township of Darlington and
form part of the property known municipally as 1 McKnight Road, Courtice.
3,0 BACKGROUND
3.1 The official plan amendment and rezoning applications were submitted on October 11,
2000. The original applications sought to redesignate and rezone the entire parcel of
land located at 1 McKnight Road to permit the development of a waste transfer station
and material recovery and recycling facility. The applications also sought to recognize
the existing use of the property for a truck transport depot and maintenance facility.
These uses are currently located on the northern portion of the property, which is zoned
"M2"
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REPORT NO.: PSD-010.o2
PAGE 3
3.2 Revised Applications
On November 8, 2001, the agent for the applicant submitted a letter to the Planning
Department to advise that the applications were being revised to exclude that portion of
the property located in Part of Lot 25, so that the revised applications only apply to that
portion of the property located in Part Lot 26. The narrowly configured portion of the
property located to the south of the rail corridor in Lot 25 is therefore not proposed for
development in association with the proposed waste transfer station. The revised
applications also seek to recognize the existing truck transport depot, maintenance
facilities, and business offices as ancillary to the waste transfer station operation, and not
as free-standing uses.
3.3. Canadian Waste Services has indicated that the waste transfer station will be designed to
accommodate the processing of approximately 800 tonnes of solid, non-hazardous
residential and ICi (industrial-commercial-institutional) waste on a daily basis. Waste
from collection trucks will be tipped and loaded onto trailers for haulage to an approved
waste management site. All operations associated with the loading and unloading of
vehicles will be fully enclosed within the proposed building. Outside storage will generally
consist of truck parking and the storage of empty waste containers and receptacles. The
applicant has indicated that the development of the material recovery and recycling
facility will proceed at a later date.
3.4 Once the proposed waste transfer station on the subject lands is operational, Canadian
Waste Services will close their existing facility on the Clarke-Darlington Townline Road
and consolidate all of their waste transfer operations at the McKnight Road site. All of
the solid non-hazardous waste collected by Canadian Waste Services in Clarington will
be brought to the new site. This currently totals 250-300 tonnes per day. Solid non-
hazardous waste collected by Canadian Waste Services from other municipalities east of
Toronto to Grafton will also be trucked to the new waste transfer station. Once fully
operational, there will be approximately 80 waste collection trucks and 27 long haul trucks
entering and leaving the site each day.
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REPORT NO.: PSD.o10-02
PAGE 4
3.5 Canadian Waste Services will require a Provisional Certificate of Approval under Part V
of the Environmental Protection Act for the operation of the proposed waste transfer
station. The Ministry of the Environment will determine whether a full review under the
Environmental Assessment Act will also be required. The company has indicated that it
will submit their application for a Provisional Certificate of Approval to the Ministry of the
Environment once the Official Plan Amendment and rezoning applications have been
processed and the conceptual site plan has been confirmed. The Municipality will have
an opportunity to comment on any application for a Provisional Certificate of Approval
submitted by Canadian Waste Services, as well as whether a review under the
Environmental Assessment Act is required.
4.0 SUBMISSIONS BY APPLICANT
4.1 Phase 1 Environmental Site Assessment
Because the subject site has previously been used for industrial purposes, the applicant
also submitted a Phase 1 Environmental Site Assessment in accordance with the Ministry
of Environment's Guidelines for Use at Contaminated Sites in Ontario. The report
indicated that there are no environmental concerns related to air or noise emissions or
hazardous materials on-site and that the above-ground storage tanks located on the
property are satisfactory. An abandoned heating oil tank has been removed. The
report concludes that the environmental condition at the site is considered to be generally
satisfactory for the existing and proposed use.
4.2 Supplementary Report Reqardinq the Protection of Future Transportation Corridors
The subject lands are located on the lands identified by the Ministry of Transportation as
the technically preferred route for the Highway 407 East Clarington Freeway Link. The
applicant was requested to prepare a report to specifically address how the proposed
development would satisfy Official Plan policies regarding the protection of future
transportation corridors.
The report notes that the Ministry of Transportation is not currently in a position to ensure
that the final location of the freeway link will be within the technically preferred corridor.
The Environmental Assessment process has not been initiated for either the easterly
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REPORT NO.: PSD-010.o2
PAGE 5
extension of Highway 407 or the Clarington freeway link. All aspects of the proposed
facilities, including their location, are subject to change through the continuation of the
needs assessment and the environmental assessment process. Until these studies
have been completed, the location of the technically preferred routes for the two highway
facilities cannot be confirmed or approved. The work required to finalize the route will
take several years to complete. The report suggests that the Highway 407 extension and
the freeway link are a long term undertaking by the Province and that the status of the
freeway link is, at best, uncertain.
The report notes that the applications do not propose to develop a vacant parcel of land.
Rather, the subject lands and other lands to the north located on the corridor for the
technically preferred route are currently occupied by buildings and structures of a
substantial nature. The report suggest that the integrity of the preferred technical corridor
is already compromised by the presence of these structures and that the proposed waste
transfer station is therefore not the issue in terms of providing for the future construction
of the freeway link.
The report also notes that the subject lands are currently designated and zoned for
industrial purposes. Accordingly, Canadian Waste Services could apply for and would be
entitled to the issuance of a building permit for a number of uses permitted by the existing
zoning, including a dry light industrial use, a manufacturing or processing plant, or a
warehouse. The report suggests that it is unreasonable to deny the subject applications
on the basis that the lands may be required at some future date for the development of
the freeway link.
The report indicates that the proposed waste transfer station could be easily demolished
if required for the construction of the freeway link. The transfer station would be an
industrial steel frame structure erected on a concrete slab. Equipment within the
structure would include two trash compactors, air scrubbers and related devices. Should
the building need to be demolished, the equipment could be removed. The report
therefore suggests that the approval of the waste transfer station will not preclude the
construction of the future freeway link.
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REPORT NO.: PSD-010-02
PAGE 6
4.3 Supplementary Submission to the Ministry of Transportation - AUGust 21, 2001
By letter dated August 21, 2001, the applicant's consultant submitted a proposal to the
Ministry of Transportation in an effort to resolve the Ministry's concern regarding the
protection of the technically preferred route for the freeway link while allowing for the
proposed development of the waste transfer station. The letter indicated that Canadian
Waste Services is prepared to enter into an agreement with the Province to provide for
the dismantling, demolition and removal of the proposed transfer station should the lands
ultimately be required by the Province for the construction of the freeway link. The
dismantling and removal of the structures would be at the expense of Canadian Waste
Services.
The letter proposes a number of general principles that could form the basis of an
agreement between the Province and Canadian Waste Services and be reflected in the
amendments to both the Clarington Official Plan and Zoning By-law 84-63. These
principles outlined in the submission include:
. that Canadian Waste Services understands and acknowledges that all or a portion of
the subject lands have been identified by the Ministry of Transportation as being
within the Technicaliy Preferred Corridor for the Highway 401 East Clarington
Freeway Link;
. that the Province acknowledges and understands that the subject lands are
designated and zoned for industrial purposes and that the uses permitted under the
zoning by-law include a number of specified industrial uses;
. that Canadian Waste Services accepts all costs associated with the dismantling and
removal of the proposed waste transfer station upon purchase of the lands by the
Province for the purposes of constructing the freeway link;
. that the requested amendment to the Clarington Official Plan be modified to state that
the development of a solid, non-hazardous waste transfer station and/or material
recovery facility shall not proceed until such time as Canadian Waste Services has
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REPORT NO.: PSD-010-02 PAGE 7
entered into an agreement with the Province conceming the removal of such
structures should the lands be required for the freeway link;
. that the requested amendment to By-law 84-83 be modified to add an "H (Holding
Symbol)" to the zoning for the subject lands and that the "H" symbol would not be
removed until such time as:
i) a site plan agreement with the Municipality has been registered against title,
Ii) the Municipality has been advised by the Ministry of Transportation that a
satisfactory agreement has been entered into between the owner of the lands and
the Province concerning the removal of the waste transfer station should the lands
be required for the freeway link; and
iii) all necessary approvals have been obtained from the Ministry of the Environment
and the Region of Durham Health Department.
5,0 EXISTING AND SURROUNDING LAND USES
5.1 Existing Uses:
The northem portion of the property at 1 McKnight Road is currently occupied by a truck
transport depot and maintenance facility operated by Canadian Waste Services. The
southern portion of the property is currently vacant. Earthen berms that have been
constructed adjacent to the southern property line provide visual screening from Highway
401.
5.2 Surrounding Uses:
North - St. Lawrence and Hudson rail line, and vacant industrial lands
South -
East -
West -
Highway 401
St. Lawrence and Hudson rail line, and vacant industrial lands
General industrial uses on Courtice Court
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REPORT NO,: PSD-010.o2
PAGE 8
6.0 OFFICIAL PLAN POLICIES
6.1 C/arington Official Plan
The subject lands are designated as "Light Industrial Area" by the Clarington Official Plan.
Lands so designated are located in places of high visibility along major roads and
freeways and permitted uses are to be sensitive to and compatible with abutting land
uses (Section 11.5.1). "Light Industrial Areas" are to be used predominantly for
manufacturing, assembling, processing, fabricating, repairing, research and
development, and warehousing (Section 11.5.2). Limited outside storage is permitted
up to a maximum of 25% of the total gross building floor area and to a maximum height of
3 metres (Section 11.5.4).
"General Industrial Areas" are to be located in the interior of Employment Areas and are
not to be located in highly visible locations or adjacent to sensitive land uses (Section
11.6.1). A waste transfer station may be permitted in "General Industrial Areas" by site-
specific zoning provided it is integrated and part of a waste processing facility (Section
11.6.5). Waste processing facilities for non-toxic materials such as paper, glass, metal,
construction waste and plastics, may also be permitted by site specific zoning in "General
Industrial Areas" provided that the operation is wholly enclosed within a building or
structure.
Maps A2 and 81 of the Plan also identify a future interchange for the Highway 401-407
connecting freeway in the vicinity of the subject lands. The Municipality, in cooperation
with other authorities and senior governments, will strive to plan for and protect
transportation corridors that are supportive of the future urban and rural structure of the
Municipality (Section 19.3.2).
6.2 Durham Regional Official Plan
The subject site is designated "Employment Area" by the Durham Regional Official Plan.
The Plan (Section 11.3.10) encourages prestige employment uses with high employment
generating capacity and greater architectural, landscaping and sign control along
Highway 401. Other employment uses may also be permitted by designation in area
municipal official plans.
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REPORT NO.: PSD-010-02
PAGE 9
The Regional Official Plan (Maps A5 and B1) also indicates the technically-preferred
route alternative for the future north/south freeway connection generally east of and
adjacent to Regional Road 34. Regional Council is to protect freeway corridors from
uses that may jeopardize their implementation (Section 16.3.6). The final alignment for
the freeway will be determined following completion of the required route planning and
preliminary design studies pursuant to the Environmental Assessment Act (Section
16.3.7). This section of the Plan has been deferred in its entirety by the Ministry of
Municipal Affairs (Deferral 9) as a result of a concern expressed by the Town of Whitby
regarding the location of the proposed freeway link through that community.
7,0 ZONING BY -LAW PROVISIONS
7.1 Under Comprehensive Zoning By-law 84-63, as amended, the northern 4.9 hectares of
the subject lands is zoned "General Industrial (M2)". The existing truck transport depot
and maintenance facility is located on this portion of the site, and is permitted by the
current zoning. The southern portion of the subject lands (2.6 ha) is zoned "Light
Industrial (M1)". These lands are currently vacant. The proposed waste transfer station
and material recovery and recycling facility is not permitted in either zone. Because the
property is not serviced with municipal sewer and water, industrial uses on the site are
limited to those that do not require water as part of their operations.
8.0 PUBLIC MEETINGS AND SUBMISSIONS
8.1 A Public Meeting in respect of the Official Plan Amendment and Rezoning applications
was held on January 8, 2001. Mr. Sam Cureatz spoke on behalf of Newcastle Recycling
Inc. in opposition to the proposed application and noted the following concerns:
.
approval of the application will have a negative impact on the Municipality's Transfer
Station;
the proposed facility will be visible from Highway 401;
the larger issue of waste management in Durham Region should be addressed.
.
.
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REPORT NO,: PSD-010.o2
PAGE 10
9,0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies.
9.2 Municipalityof Clarington
The Engineering Services Department and the Emergency Services Department have
indicated no objection in principle to the applications. Engineering Services noted
concerns with respect to site grading and drainage, road and boulevard works, and water
supply. These matters will be addressed through a Development Agreement with the
applicant.
9.3 Region of Durham
i) Reqional Planninq Department
The Department noted that the proposed development would be situated in the same
location as the proposed interchange of Highway 401 and the technically preferred
alignment for the future Clarington Freeway Link. In February 1993. Regional Council
adopted a resolution to advise the Ministry of Transportation that the technically-
preferred route for the Oshawa/Newcastle (Courtice) link is the most appropriate
location to provide a freeway link between Highway 401 and Highway 407 in this
corridor.
The Department also noted that, in March 2001, the Province announced that the
Ministry of Transportation is starting the needs assessment study for the extension of
Highway 407 through to Highway 35/115, as well as the connections with Highway
401. The environmental assessment process would be initiated upon completion of
the needs assessment study. Also, as part of the Provincial Budget announcement
in May 2001. the Ontario Superbuild Corporation will examine opportunities for the
private sector to contribute to the completion of Highway 407.
The Planning Department indicated that, in their opinion, the Province has renewed
its commitment to Highway 407 and the link freeways and will be initiating the
environmental assessment process for these facilities. The alignment for the
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REPORT NO.: PSD-010-02
PAGE 11
technically preferred route, as shown in the Official Plan, should continue to be
protected. Therefore, the subject application to amend the Clarington Official Plan is
premature as it could prejudice the technically preferred alignment.
ii) Reqional Health Department
The Department indicated a concern that the site plan does not provide sufficient
information regarding sewage disposal, including reserved areas, percolation rates
and ground water elevations. However, following discussions with the applicant, the
Department indicated that it would conditionally approve the application if the Holding
symbol remains on the property.
9.4 Ministry of Transportation
December 15, 2001
The Ministry indicated that, should the subject applications proceed, it will have a serious
impact on the Technically Preferred Route for the Highway 401 East Clarington Freeway
Link identified in their route planning study. They are unable to support the applications
as it could severely jeopardize the Technically Preferred Route for the 401- 407 Link to
the point of being totally precluded.
Mav 15, 2001
The Ministry indicated in a letter to the applicant that Highway 407 East including the two
north/south links has not received Environmental Assessment approval at either the
Federal or Provincial level. Therefore, the Ministry is not in a position to ensure that the
final location or other characteristics of the ultimate Highway 407 East facility will conform
to currently available concept drawings. Any aspect of the proposed facility could
change as a result of the continuation of the environmental assessment study, and the
subsequent approval process.
November 22, 2001
Ministry Staff advised that, subsequent to their initial comments, they have been involved
in negotiations with Canadian Waste Services regarding these applications. As a result
of the representations and assurances provided by Canadian Waste Services to the
656
REPORT NO.: PSD-010.o2
PAGE 12
Ministry during these negotiations, the Ministry is now prepared to accept the proposed
development and planning amendments subject to the following conditions:
a) a (H) Holding provision be incorporated into the Official Plan Amendment;
b) the Holding provision shall not be removed and a conditional or full building permit
shall not be issued by the Municipality of Clarington until the Municipality has
confirmed in writing with both the Ministry and the Owner, that the Owner has
properly executed and registered on title an agreement with the Ministry
concerning the Owner's commitment to (at their cost) dismantle, demolish and
remove all facilities and impacts associated with the proposal when necessary for
the Ministry to proceed with the Freeway Link as an approved undertaking; and
c) in the event that a satisfactory agreement between the Owner and the Ministry is
not possible, Canadian Waste Services consents to the repeal of any
amendments adopted regarding this proposal and property.
It is the Ministry's understanding that Canadian Waste Services has agreed to these
conditions. The Ministry will advise the Planning Services Department once a satisfactory
legal agreement has been finalized and executed.
9.5 Central Lake Ontario Conservation Authority
Authority Staff have no objection in principle to the approval of the applications. They
advise that matters related to site drainage, stormwater quality and sediment and erosion
control can be addressed at the site plan approval stage.
9.6 Sf. Lawrence and Hudson (Canadian Pacific Railway)
The company indicated no objection to the proposed expansion of the Canadian Waste
Services facility. Their concerns regarding site drainage and the installation of a fence
along the common property line can be addressed through the development agreement.
657
REPORT NO.: PSD-010.o2
PAGE 13
10.0 STAFF COMMENTS
10.1 There are two key issues that need to be addressed in the review of the subject
applications. The first issue relates to whether the proposed development can proceed
while still protecting the technically preferred corridor for the Oshawa - Clarington 401-
407 Freeway Link. This issue has been resolved to the satisfaction of both the Ministry
of Transportation and the Municipality. Canadian Waste Services has agreed to enter
into an agreement with the Province committing to the removal of the waste transfer
station at its own expense should the lands be required for the freeway link. However, it
will take some time to finalize the actual agreement. Recognizing this, the Ministry of
Transportation has agreed to remove its objection to the proposed development subject
to satisfactory safeguards being incorporated into the implementing Official Plan
Amendment.
10.2 In this regard, the proposed amendment requires the implementing zoning by-law to
place a Holding symbol on the property (see Attachment No.4). The amendment further
states, that the Holding provision shall not be removed and a building permit shall not be
issued by the Municipality until the agreement between Canadian Waste Services and
the Province has been executed to the satisfaction of both parties. However, it is not
appropriate for the amendment to include the requirement that Canadian Waste Services
agree to the repeal of the amendment if a satisfactory agreement cannot be achieved.
Ministry staff have indicated no difficulty with this, given that Canadian Waste Services
has provided the necessary written assurance to that effect.
10.3 The second key issue relates to whether the establishment of a waste transfer station
and material recovery and recycling facility in the "Light Industrial Area" is consistent with
the intent of the Clarington Official Plan. The subject property, together with the other
lands in the Courtice Industrial Park abutting the north side of Highway 401, enjoy high
visibility from the highway. It is the intent of the Official Plan, as reflected in the Light
Industrial designation, that all of these lands be developed for industrial uses that will
enhance the visual landscape along the highway. The Plan also intends "General
Industrial Areas" to be located in locations that are not highly visible and further directs
waste transfer stations and waste processing facilities to be located in such areas.
658
REPORT NO,: PSD-010-02
PAGE 14
10.4 The subject lands have been used as a truck transport depot and contractor's yard since
the mid-1970's. The Clarington Official Plan (Section 23.5.4) permits Council to zone
lands to recognize the continuation, expansion or enlargement of a non-conforming use
or a similar use, subject to a number of conditions. These conditions include no public
nuisance or health effects due to emissions or lighting, the provision of screening and
buffering from adjacent uses, and no adverse traffic effects.
10.5 The conceptual site plan provided by the applicant (see Attachment 2) indicates that the
proposed development of the subject site for the waste transfer station and material
recovery and recycling facility can be accommodated with a minimal negative impact on
surrounding land uses. The existing truck transport depot is fully enclosed and all
operations associated with the proposed waste transfer station and material recovery and
recycling facility, such as the dumping, sorting and transfer of the waste, will occur wholly
within the buildings. No waste will be stored or processed outside and there will be no
emissions or high levels of noise associated with the operation. The railway corridor that
abuts the northern property line of the subject property screens the site from most of the
other lands in the Courtice Industrial Park. As well, truck traffic to and from the site would
travel through the industrial area and have minimal impact on residential uses.
The entire site, including the outside storage area, will be screened from Highway 401 by
a landscaped berm, and landscaping on the balance of the site will be in accordance with
the regulations for light industrial areas. The applicant has requested that the berm be no
higher than 4 m, noting the amount of land that would be required. Staff concur with this
height, noting that it will include vegetative screening as well. A 4 m high berm with a 3:1
slope, would be approximately 24.5 m wide. The 3:1 slope is important for maintenance
purposes.
10.6 Approval of the subject applications also provides for the existing truck transport depot
and maintenance facility to be recognized as part of the waste transfer operation and not
as a free standing use. These uses are permitted by the existing "General Industrial
(M2)" zoning on the northern part of the site. but would not be permitted by the "Light
Industrial" designation that covers the entire site. Canadian Waste Services has advised
659
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REPORT NO.: PSO.o10.o2
PAGE 15
that these existing uses will form an integral part of the waste transfer station operation.
In this regard, the proposed Official Plan Amendment recognizes the truck transport
depot, maintenance facility and administrative offices as ancillary uses to the main use of
the property as a waste transfer station, and further specifies that these uses shall not
function independently from the material recovery and recycling facility.
11.0 CONCLUSIONS
The subject applications conform to the intent of the Clarington Official Plan, Council is
therefore requested to approve the recommendations set out in this report.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Conceptual Site Plan
Attachment 3 - By-law to adopt Amendment 25 to the Clarington Official Plan
Attachment 4 - Amendment No. 25 to the Clarington Official Plan
Attachment 5 - By-law to Amend By-law 84-63
Interested parties to be advised of Council's decision:
Mr. John McDermott
McDermott & Associates Limited
1550 Kingston Road
Box 1408
Pickering, ON
L 1V 6W9
Mr. George Field
Canadian Waste Services Inc.
P.O. Box 2398
Oshawa, ON
L 1 H ?V6
Mr. Sam Cureatz
Barrister and Solicitor
35 King Street West
Newcastle, ON
L 1 B 1 H2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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CONCEPTUAL SITE PLAN
Proposed Waste Transfer Station &
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Part Lots 25 & 26, Broken Front Concession,
(Former Township of Darlington)
Municipality of Clarington
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2002 -
ATTACHMENT 3
being a By-law to adopt Amendment No. 25 to the Clarington Official Plan.
WHEREAS Section 17(2) of the Planning Act RS,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 Cieri< 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 day of
2002
BY-LAW read a second time this day of
2002
BY-LAW read a third time and finally passed this day of
20D2
John Mutton, Mayor
Patti L. Barrie. Municipal Clerk
663
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ATTACHMENT 4
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 preferred
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 7.5
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 and
administrative offices shall be permitted as ancillary uses to the waste
transfer station and material recovery and recycling facility, and shall
not function independently from these uses. The outside storage of
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 of
Clarington.
Council shall zone the lands with an appropriate site specific zone
and shall implement a Holding (H) provision in accordance with
Section 36 of the Planning Act, RS.O. 1990 as amended. In
addition to the requirements set out in Section 23.4.3 of this Plan
regarding the removal of Holding provisions, the Holding provision
shall not be removed and a conditional or full building permit shall not
be issued by the Municipality of Clarington until:
664
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IMPLEMENTATION:
INTERPRETATION:
Page 2
a)
the Owner has executed an agreement with the Province of
Ontario conceming the Owner's commitment (at their cost) to
dismantle, demolish and remove the waste transfer station
and material recovery and recycling facility for solid non-
hazardous waste and the removal of any associated approvals
necessary to operate the facility, and any associated impacts,
when necessary for the Province of Ontario to proceed with
the Highway 407 East Clarington Freeway Link once it has
received environmental approval as an Undertaking;
b)
the agreement has been registered against the title of the
lands to which it applies;
c)
the Municipality has received written confirmation from both
the Province of Ontario and the Owner that the agreement has
been executed to the satisfaction of both parties; and
d)
The Municipality has received written conformation from the
Region of Durham Health Department that its conditions have
been satisfied.
The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
amendment.
The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan shall apply to this amendment.
665
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2002-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law of the former
Corporation of the Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems ij advisable to amend
By-law 84-63, as amended, of the former Corporation of the Town of Newcastle in accordance with
applications COPA 200D-007 and ZBA 2000-026 to permit the development of a waste transfer station
and material recovery and recycling facility for solid non-hazardous waste.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 23. 3 "SPECIAL EXCEPTIONS - LIGHT INDUSTRIAL (M1) ZONE" is hereby further
amended by adding thereto, the following new Special Exception 23.3.9, as follows:
"23.3.9
LIGHT INDUSTRIAL EXCEPTION (M1-9) ZONE
Notwrthstanding Sections 13.5, 23.1 and 23.2, those lands zoned (M1-9) on the
Schedules to this By-law, in addition to other permitted uses, may also be used for
a waste transfer station and material recovery and recycling facility for solid non-
hazardous waste in accordance with the following provisions:
.
a) A truck transport depot and maintenance facility and administrative offices
shall be permitted as ancillary uses to the waste transfer station and material
recovery and recycling facility.
b) All storage and processing of waste and recyclable materials on lands zoned
M1-9 shall take place within a fully enclosed building or structure.
c) Outside storage
i)
ii)
iii)
Area (maximum)
Height (maximum)
Setback from public highway
8200 sq.m.
4.0 metres
25.0 metres
d) Landscaped berm
i) Where the lands zoned M1-9 a,e developed for waste transfer station
0' material recovery facility, a stable landscaped berm including
dense coniferous trees shall be constructed adjacent to the property
line with Highway 401 and on the east limit of the M1-9 zone;
ii)
Height of berm (minimum)
4.0 metres
e)
f)
Lot Coverage for all buildings and structures (maximum)
Total floor area for waste transfer station and material
recovery and recycling facility (maximum)
Number of truck parking spaces (maximum)
15 percent
g)
6,500 sq.m,
100 spaces
2.
Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone
designation from "Light Industrial (M1) Zone" and "General Industrial (M2) Zone" to "Holding -
Light Industrial Exception (M1-9) Zone", as illustrated on Schedule "A" attached hereto.
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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 he,eof, subject to the provisions of
Sections 24(2), 34 and 36 of the Planning Act.
BY-LAW read a first time this day of
2002
BY -LAW read a second time this day of
2002
BY-LAW read a third time and finally passed this day of
2D02
John Mutton, Mayor
Patti L Barrie, Mucicipal Clerk
667
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This is Schedule "A" to By-law 2002-
passed this day of ,2002 A.D.
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Patti L. Barrie, Municipal Clerk
_ SUBJECT SITE
_ OTHER lANDS OWNED BY APPUCANT
DARLINGTON
LOT 27
lOT 26
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