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HomeMy WebLinkAboutPSD-099-05 Cl~-ilJglon REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 6, 2005 Report #: PSD-099-05 File #: COPA 2005-003 and ZBA 2005-027 By-law #: Subject: OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT THE DEVLEOPMENT OF AN OUTDOOR COMPOST FACILITY APPLICANT: MILLER PAVING LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-099-05 be received; 2. THAT the applications for proposed Official Plan Amendment (COPA 2005-003) and Zoning By-law Amendment (ZBA 2005-027) submitted by Miller Paving Limited be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT Durham Region, all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D v' J. Crome, M.C.I.P., R.P.P. Director of Planning Services Re,lewed by' ~e - 1 anklin Wu, ;(rf Chief Administrative Officer HB/DJC/lb 24 August, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-099-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Miller Paving Limited 1.2 Applicant: Miller Paving Limited 1.3 Clarington Official Plan Amendment: To change the designation of the lands from “General Agricultural Area” and “Environmental Protection” to permit, as a site specific use, an outdoor organic material composting and wood waste processing facility with sales of compost, soil blends, sand, gravel, soil enhancements and related wood products. 1.4 Zoning By-law Amendment: To change the zoning on the lands from “Agricultural (A)” and “Environmental Protection (EP) to an appropriate zone to permit the proposed use. 1.5 Site Area: 24 ha of a 31 ha parcel 2.0 LOCATION 2.1 The subject property is located at 1848 Baseline Road just north of the St. Lawrence and Hudson Railway and west of the unopened portion of Hancock Road, being Part Lot 27, Concession 1 in the former Township of Darlington (see Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 Lands owned by Miller Paving are 31 ha in size and straddle the Courtice Urban Area boundary north of Baseline Road and east of Courtice Road. The lands subject to these applications consist of 24 ha north of the urban area (Miller North Property). The south most portion of the lands (6.5ha), referred to as Miller South Property, are located within the Courtice Urban Area and possess industrial designation and zoning. With the exception of a small portion of the Miller South Property proposed to be used as an access road from the proposed composting site to the open portion of Hancock Road, this south property is not considered part of the subject lands of this development proposal. 3.2 Approximately half of the Miller North Property have been used for agricultural crops. The remaining lands are treed and also contain a small swamp. 3.3 Surrounding Uses North – Agriculture South – Agriculture and St. Lawrence and Hudson Railway East – Unopened portion of Hancock Road allowance, agriculture and forest West – Tooley Creek, associated valleylands and agriculture REPORT NO.: PSD-099-05 PAGE 3 4.0 APPLICATION BACKGROUND AND SUPPORTING DOCUMENTATION 4.1 On December 23, 2003, a rezoning application (ZBA 2003-055) was received from Miller Paving proposing a leaf and yard waste composting facility. This application was submitted after the enactment of the Greenbelt Protection Act and the applicant was advised that the lands were subject to this Act. They were also told that until release of the Greenbelt Plan, the statutory public meeting will not be held for this application, but that the application would be circulated for agency comments. During the following year, the applicant proposed a revision to the application, expanding the proposed uses to include composting of other organic materials, processing of wood products, and sales of compost, soil blends, sand, gravel, soil enhancements and related wood products. These additional uses resulted in the need for applications to amend the Regional Official Plan and the Clarington Official Plan. 4.2 On April 11, 2005 the application for amendment to the Clarington Official Plan (COPA 2005-003) was received. The application for amendment to the Durham Region Official Plan was received by the Region on April 18, 2005. On April 4, 2005, the applicant requested to re-file the original zoning application (ZBA 2003-055). This application (ZBA 2003-055) was closed and a new application was opened (ZBA 2005-027). 4.3 The following studies have been submitted in support of the applications: ? Planning Report prepared by Gartner Lee Limited, dated March 2005 ? Environmental Impact Statement (includes Agricultural Assessment) prepared by Gartner Lee Limited, dated March 2005 ? Air Quality Assessment prepared by Church and Trought, dated June 2005 ? Environmental Protection Act Provisional Certificate of Approval Report prepared by Gartner Lee Limited, dated July 2005 4.4 The applicant has advised that the following studies have been completed and will be submitted to Clarington for review: ? Archaeological Assessment ? Stormwater Drainage Report ? Noise Impact Study ? Baseline Groundwater Monitoring Report ? Traffic Impact Study The Phase I Environmental Site Assessment is almost complete. When it is finished, it will be submitted to Clarington. 5.0 PROVINCIAL POLICY STATEMENT 5.1 The PPS defines a waste management system as including a recycling facility. A compost facility shall be considered a waste management system for determining compliance with the PPS. 5.2 The PPS requires that waste management systems be of an appropriate size to accommodate present and future requirements and will encourage and promote REPORT NO.: PSD-099-05 PAGE 4 reduction, reuse and recycling objectives. It is also required that consideration be given to optimizing existing facilities before building new facilities. The location and design of waste management systems shall be in accordance with provincial legislation and standards (Environmental Protection Act). 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Region Official Plan The Durham Region Official Plan designates the lands “General Agriculture”. Lands so designated shall be used for agricultural uses. This proposal is not a use that is permitted within this designation, hence the need for an amendment to the Regional Official Plan. These lands are within proximity of the freeway link between Highway 401 and future Highway 407 as identified in the Durham Region Official Plan. Also, since environmental features exist on the site and on lands adjacent to the property, an Environmental Impact Study is required. An EIS study has been submitted and the Region is undergoing the peer review process. 6.2 Clarington Official Plan The lands are predominately designated “General Agricultural Area” and in part “Environmental Protection”. The “Environmental Protection” designation recognizes the valleylands of the Tooley Creek. Lands designated “General Agriculture” shall be used predominantly for agricultural uses. The proposed Highway 401-407 connecting link as identified in the Clarington Official Plan is located close to the subject lands. The Transportation Map B2 identifies a future grade separation to be constructed at the intersection of Hancock and Baseline Roads to address the railway crossing. Map C being the Natural Heritage System Map, identifies significant valleylands and woodlands on the subject lands. The applicant has prepared an EIS which will undergo the Region’s peer review process. An amendment to the Clarington Official Plan is required to permit the proposed use. Attachment 2 to this report contains the proposed amendment to the Clarington Official Plan. 7.0 ZONING BY-LAW 7.1 The lands are zoned in part “Agriculture (A)” and in part “Environmental Protection (EP)”. A rezoning is required as an outdoor compost facility is not a permitted use in either of these two zones. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice mailed to each landowner within 120 metres of the subject site. As the north property has frontage on an unopened road, the Public Meeting sign was installed at the south east corner of the south property. 8.2 As of the date of writing this report, Staff have received one email containing copies of two letters sent to the Environmental Assessment and Approvals Branch of the Ministry REPORT NO.: PSD-099-05 PAGE 5 of the Environment. These letters were in response to a property owner notification letter issued in accordance with the notification requirements of the Environmental Protection Act. To summarize, these letters raised the following questions and concerns: ? Why can’t this facility be enclosed within a building and have an odour control system? ? Who will compensate adjacent businesses for lost work when employees leave due to odours created by this use? ? Attraction of vermin and seagulls to the site will have an adverse impact on nearby businesses. ? How will litter, garbage and compost bags blowing from the site be controlled? ? Potential contamination of wells. ? Incompatible use adjacent to prestige employment areas. ? Impact on property values. ? The lack of a definition of “select IC&I organics” (Industrial, Commercial & Institutional). Does this mean sawdust, household kitchen waste, or slaughterhouse offal? ? Can waste from other regions be brought to the site? ? Will daily monitoring occur to ensure all requirements and conditions of the Certification of Approval are being satisfied.? ? Why is unfinished compost from the Pickering site proposed to be brought to this site? ? Will a performance bond or some form of security be provided to compensate those adjacent businesses adversely affected by the proposed development or to remediate the site? 9.0 AGENCY COMMENTS 9.1 Comments have not been received from the following departments and agencies: ? Region of Durham Planning Department ? St. Lawrence and Hudson Railway ? Central Lake Ontario Conservation Authority ? Clarington Emergency Services ? Hydro One Networks Inc. 9.2 Clarington Engineering Services provided the following comments ? As the property fronts on the unopened portion of Hancock Road, the applicant will be required to construct a new section of Hancock Road extending from Baseline Road to just north of the limit of the Courtice Urban Area. ? Resolution of the future grade separation and the construction of Hancock Road is required. ? Road widening along Hancock Road including a turning circle will be required to be dedicated to the Municipality. ? Preparation and submission of a satisfactory grading and drainage plan detailing on-site stormwater system and conveyance of overland flow. REPORT NO.: PSD-099-05 PAGE 6 ? Application for property access, construction of an entrance, including illumination will be required at the expense of the applicant. ? Cash-in-lieu of parkland dedication is required. 9.3 The Ministry of Transportation provided initial comments on the original zoning application (ZBA 2003-055) which remain applicable to the revised applications. The Ministry recognizes that reasonable access to the Miller property can only be achieved through the construction of Hancock Road, including a realignment of Hancock Road at Baseline Road. The Ministry notes that due to the proximity of the proposed realignment of Hancock Road to the previously recommended Highway 401-407 link location, there may be future issues that will need to be addressed as the project proceeds. 9.4 Durham Region Health Department have no objections to the proposal, but note that a sewage disposal design will be required when reviewing the site plan. 10.0 STAFF COMMENTS 10.1 The development proposed is for an outdoor organic compost and wood processing facility designed to receive up to 4,200 tonnes/week of organic material. The waste could come from municipal, industrial, commercial and institutional clients. It is proposed that the facility will operate 7 days a week from 7:00am until 7:00pm with the potential that during peak periods, typically spring, the loader and compost screening equipment will be operational 24 hours a day. The facility will incorporate the use of leaf and yard waste, industrial, commercial and institutional organic waste (IC&I), compost curing and wood processing. These are briefly described below: ? Leaf and Yard Waste Composting This will be sourced from residential collection within Durham Region and potentially from outside the Region. Material could also come from landscaping companies ? Industrial, Commercial and Institutional Organic Material (IC&I) Potential sources will include food and beverages not meeting quality standards. This material enhances composting as it adds nitrogen and moisture during dry weather conditions. ? Compost Curing The Region’s household organic waste will be processed at Miller’s Pickering facility and then it will be shipped for final curing to this site and blended with the leaf and yard waste. ? Wood Processing Waste wood, including pallets, will be received and sorted for reuse or recycling. No pressure treated or painted wood will be accepted. 10.2 The site will produce retail grade compost, mulch of various sizes and colour, and soil/compost/fibre mixes prepared for specific market requirements. This material will be sold in bulk for landscaping and agricultural use. Direct retail sales from the site may be considered in the future. It is intended that the compost produced will meet the Ministry of Environment’s criteria for “Category A Compost”. Miller Paving will REPORT NO.: PSD-099-05 PAGE 7 undertake a sampling and monitoring program and any compost that does not meet MOE criteria will be kept on site for restricted use or will be disposed of in appropriate disposal sites. 2 2 10.3 The concept plan for the site includes a 30,000 mactive compost pad, a 12,000 m 2 screening, curing and storage area, a 4,000 marea for receiving and grinding, a 6,000 2 2 2 m area for wood recycling, a 2,400 mshelter, a 600 m maintenance shed, a parking area and two stormwater ponds. 10.4 All comments submitted, including those from the public have been forwarded to the applicant for review and consideration. 10.5 The proposal identifies a 5 metre buffer zone around the north woodlot. This is the minimum setback requirement from lands designated “EP”, however the size of the buffer is subject to verification through an environmental impact study. The EIS has been submitted and will undergo the Region’s peer review process. 10.6 The applicant is opposed to constructing Hancock Road as they can gain access to the site through the Miller South Property. The applicant has stated that at such time as the Miller South Property is ready to develop, then they will consider constructing Hancock Road to a point just north of the Miller South Property to provide direct access to the composting site. This is contrary to Clarington’s requirement that the road be constructed to a point just north of the limit of the Courtice Urban Area in order to provide the site with direct access to an open and maintained road. 10.7 The Clarington Official Plan identifies a future grade separation to be built at Hancock Road, Baseline Road and the railway crossing. There are currently no plans to construct this grade separation in Clarington’s 5 or 10 year capital works program. A traffic impact study has been prepared and summarized in the report prepared for the certificate of approval. The applicant has been advised that Clarington is awaiting receipt of this report for review and consideration. Upon submission of this study it will be determined if there is a need for upgrades to Baseline Road to address turning movements at Hancock Road and queuing at the railway crossing. 10.8 With the exception of the Miller South Property which is designated “General Industrial” and the Tooley Creek valleylands that are designated “Environmental Protection”, the remainder of the lands within the Courtice Urban Area near this property are designated “Light Industrial”. There are no lands in close proximity to this site that are designated “Prestige Employment”. The lands adjacent to the site that are beyond the Courtice Urban Area are designated “General Agricultural Area”. 10.9 An important key to sustainability is supporting and participating in the “3Rs” - reduce, recycle and reuse and there are many provincial, regional and local policies and initiatives that support the “3Rs”. An active composting program not only reduces, reuses and recycles waste, but it effectively decreases the amount of waste going to landfills, hence extending the “life” of landfills. However, considering the merits of a compost facility that supports the “3Rs” must be balanced with consideration of: need REPORT NO.: PSD-099-05 PAGE 8 for a new facility, costs of operating such a facility (i.e. transportation costs are manageable), an ecologically sound site, and compatibility with surrounding land uses. 10.10 The site is near the previously technically-preferred route for the Durham East Link connecting Highway 401 and future Highway 407. As such this will be a prime area for industrial uses both those already designated and in the future when urban boundaries expand. The presence of an outdoor composting facility will impact the potential use of nearby lands. It will need careful consideration in light of Clarington’s economic development objectives. 11.0 CONCLUSIONS 11.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration the outstanding comments and issues, staff respectfully request that this report be referred back for further processing and the preparation of a subsequent report. Attachments: Attachment 1 – Key Map Attachment 2 – Proposed Official Plan Amendment List of interested parties to be informed of council’s decision: Tom Jones Catherine Dowling Bill Patterson Fred Biesenthal Ibi Igracki Marlene Waters REPORT NO.: PSD-099-05 PAGE 9 INTERESTED PARTIES LIST Tom Jones Miller Paving Limited P.O. Box 4080 Markham Industrial Park Markham Ontario L3R 9R8 Catherine Dowling Gartner Lee Limited 300 Town Centre Blvd Suite 300 Markham L3R 5Z6 Bill Paterson 1909 Bloor St Bowmanville, L1C 3K3 Fred Biesenthal P.I. Tools Limited 1 Progress Drive Courtice L1E 2T3 Ibi Igracki, President Igracki Investments Inc. P.O. Box 532 Oshawa, Ontario L1H 7L9 Marlene Waters 1882 Bloor Street, East Bowmanville, ON L1C 3K3 REPORT NO.: PSD-099-05 LIST OF INTERESTED PARTIES