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HomeMy WebLinkAboutPSD-010-02 '!" . . , _CI!llmglOn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, FEBRUARY 18, 2002YOf)"c.P Resolution #:6jJlJ-(J2)--() ~ Report #: PSD-010-02 File #: COPA 2000-007 By-law #: ;k.D/;( -D~ 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'OlO -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 rome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed bY~ r A.,...... 2 C. _ll......."'-Z,- Franklin Wu Chief Administrative Officer JAS*BN*DC*df*sn 5 February, 2002 6118 .;.-----, REPORT NO.: PSD-010-02 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 of the 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. 1.4 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 northem portion of the property, which is zoned "M2" 609 ,,' REPORT NO.: PSD-010-02 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, 610 REPORT NO.: PSD-010-02 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 Reaardina 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 611 REPORT NO.: PSD-010-02 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. 612 ',' REPORT NO.: PSO-010-02 PAGE 6 4.3 Supplementary Submission to the Ministry of Transportation - Auaust 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 Technically 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 613 ',' REPORT NO.: PSD.010.02 PAGE 7 entered into an agreement with the Province concerning 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 northern 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 - Highway 401 East - St. Lawrence and Hudson rail line, and vacant industrial lands West - General industrial uses on Courtice Court 614 REPORT NO.: PSD-010.02 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 B1 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 govemments, 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, 615 REPORT NO.: PSD-010..o2 PAGE 9 The Regional Official Plan (Maps A5 and B 1) 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. 616 REPORT NO.: PSD-010-02 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 Municipality of Glaring/on 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. I n 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 617 REPORT NO.: PSD-010-D2 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, May 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 618 REPORT NO.: PSD-010-02 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 ConseNation 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. 619 REPORT NO.: PSD-010-02 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. 620 ,,' 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 northem 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 '621 REPORT NO.: PSD-010-02 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 7V6 Mr. Sam Cureatz Barrister and Solicitor 35 King Street West Newcastle, ON L 1 B 1 H2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 622 . SUBJECT SITE OTHER LANDS OWNED BY APPLICANT LOT 27 LOT 26 LOT 25 LOT 24 ~ g~ Uo Za:: <( :I: BASE I ~ 0 ...J <( o ~ ROAD fn r ~ a:: <( Z ...J o en NA, {IONA,L RAILWA,Y lAKE ONTARIO COURTICE KEY MAP ZBA 2000-026 623 ATTACHMENT 1 z o (f) (f) La.J () Z o U I- Z o a:: u.. z La.J ~ o a:: m I , . -~ C Zo6lt1cco :5 c :;:: .Q .9 OJ O=U)ClC .- '0 U) C 'C 1i'i to ~.- to lLOOu..c1iiU w... ClOO_ Q)CU_O t:'tfj.OCO~ en C >- 0 .9- = l!!O"'J::tO ...J I- ~ u.. ~ .g- <( Q) C == ._ -o6Q)Oc ::::> la ~"5 I- =' L->Q)......~ r->>alQ) lL"OOcO"E Wm~N5 () 8. 0:: 06 !:!:. ZO(;j1O ... 'C N OQ.Q)U) () -- to 0 ~..J t to Q. r$ r- z w :> w U) << w /~ (t t;;. I p' \ '<.'.'.,.1 -.- ) IIi -ill ~m~~ ~ IIIU ~ :g~ ATTACHMENT 2 <!l 00 \ / , I } , / ~ I ;; . d z ~ ~ ~ x ~ ,""'" '> ", : fce,.. ! rr~-I~~~~\ I ~ ~ y , ~...:.: ~ 1;'.1 '/ -==v~ 624 I ~ ~ \ ~ ;': ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NO. 2002 . 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 RESOL VED 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 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 2002 John Mutton, Mayor Patti L Barrie, Municipal Clerk 625 ATTACHMENT .. 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, R.S.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: 626 IMPLEMENTATION: INTERPRETATION: Page 2 a) the Owner has executed an agreement with the Province of Ontario concerning 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. 627 ATTACHMEN15 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 ofthe Town of Newcastle 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 Corporation of the Town of Newcastle In accordance with applications COPA 2000-007 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 Notwtthstanding 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 wtthln a fully enclosed building or structure, c) Outside storage i) Area (maximum) 8200 sq,m. ii) Height (maximum) 4,0 metres iii) Setback from public highway 25,0 metres d) Landscaped berm i) Where the lands zoned M1-9 are developed for waste transfer station or 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) , 15 percent g) Number oftruck parking spaces (maximum) 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. '628 '. - 2 - , 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 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 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 629 <"- This is Schedule "A" to By-law 2002- passed this day of .2002 A.D. , un " 'Ii/' I....q " ,,. " , , ~1:~', BROKEN FRONT ~-9;~' CONCESSION it> C'~ " of~ " <=>~ '",~ v~''\ ~"l " 'ofl(~, ~'" "Ir', . , , , , , ..~"...-------- LOT 26 ..0" 'u, ,...., I"I_;II~"\""~""~ i:....-...'<'..' ~e~'Rl~~~lIC ~ ~ ''---- - ,.....,1-', _,\ .... ,'(..'j"!.-",_1_.~ \............. " \~..'q/\l..r/..l ',i':.\...\I(\...._..; ..'-~/.. ,r..,..\'I'I...I.......... " ~,I'" ~\~\'/~'''''''' ..1..1..'....\\......',-"" ...1..,...,.....::_7'.. 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"'."- I HIGHWAY" -...\:,....~..!......~/r..;l...."~.../.....,~~P~~ I 401 ~ '" ,..I -"..: ,....1..', I ~~11oOorj H'm:~() ~ . i g" J III ~ ~ ZONING CHANGE FROM ZONING CHANGE FROM "M2" "M1 " TO TO "{H)M1-9" "{H)M1-9" John Mutton, Mayor Patti L, Barrie, Municipal Clerk LOT 27 LOT 26 LOT 26 """,,, ~ ~ It .. ~ SUBJECT SITE _ OTHER lANDS OWNED BY APPLICANT DARLINGTON 1.AXE0NTARJ0 63U