Subject: Zoning By-law Amendment to Permit Food Processing

Transcription

1 Staff Report Report To: Community Services Committee Report From: Wyatt Rehkopf, Planning Student Meeting Date: April 26, 2017 Report Code: CS Subject: Zoning By-law Amendment to Permit Food Processing Recommendations: That the Community Services Committee direct staff to initiate the process to update the Zoning By-law to: A. Allow food processing facilities within M1 and M2 zones; B. That Section 5.2 of the Zoning By-law that prohibits the use of food/meat processing be removed, and that a definition for food processing be added. Consider the example amendment in Appendix B; and, C. That in drafting regulation staff consider Section of the Official Plan and Section 5.2 within the Zoning By-law regarding Noxious uses. Strategic Initiative: Objective #1: Retain and grow existing local businesses and business opportunities Objective #2: Develop a coordinated approach to attract new investment and encourage economic development Objective #11: Optimize the City s operations while maintaining or improving quality of life Background: Zoning By-law , as amended, Section 5.2 Prohibited Uses in All Zones lists food/meat processing as a prohibited use. The updated practices of food production, processing and manufacturing have brought into question the necessity of this as a prohibited use. Prohibiting food production would Page 1 of 8

2 deter development of such industries in the City of Owen Sound even when they may be desirable and support surrounding agricultural communities. In Section 5 General Provisions of the Zoning By-law, Section 5.2 Uses Prohibited in All Zones states: No person shall use any land, building or structure in any zone: c) For any of the following uses, either alone or in conjunction with other uses except as is otherwise specifically provided herein: i) the boiling of blood, tripe, bones or soaps for commercial purposes; ii) iii) iv) the manufacturing of glue or fertilizers from dead animals or from human or animal waste; an abattoir, stockyard, livestock exchange, or dead stock depot; the extracting of oil from fish or animal matter; v) any use which causes the emission of corrosive gasses, toxic gasses or radioactive gasses or, into any zone other than an Industrial Zone, or electromagnetic fields, heat, glare, nonagricultural odours, noise, vibrations, dust, dirt, fly ash or smoke which does not comply with emission regulations as may be established from time to time by the Province of Ontario, the Government of Canada, or any agencies thereof; vi) vii) viii) ix) the use any travel trailer, caravan, boat, pick up camper, tent, converted bus, truck or motor home for human occupancy while stored or parked on any lot in any zone or on any street a food and/or meat processing plant; an automotive wrecking and related storage yard; burying or disposal of garbage and refuse except by or for a public authority; x) bulk open storage of inflammable or explosive liquids and gasses, coal or other material as a main use on a lot; xi) the keeping or raising of livestock or wild animals in any residential zone unless otherwise permitted. Only vii) is being considered for change from Section 5.2, all other prohibited uses would remain. Having this prohibited use could limit the economic development opportunities for the City. Owen Sound is located near major agricultural Page 2 of 8

3 areas and permitting food processing would benefit the City and the local economy. Analysis: Planning Act Part I of the Planning Act sets out guidelines on matters relating to provincial interests. It states that planning authorities shall have regard to, among other matters, the appropriate location of growth and development, the adequate provision of employment opportunities, and the orderly development of safe and healthy communities. Provincial Policy Statement (PPS) The Provincial Policy Statement sets out guidelines in regards to economic growth for the province. Section 1.3 on Employment states that planning authorities shall promote economic development by providing and supporting an appropriate mix and range of employment opportunities; as well as, taking into account the needs of existing and future businesses. The Provincial Policy Statement supports improved land use planning and management, which contributes to a more effective and efficient land use planning system while recognizing that land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations, policies and programs may also affect planning matters, and assist in implementing these interests. Other Regulations D-Guidelines D-1 Land Use and Compatibility Guideline discusses methods to buffer adverse effects for industrial uses. D-1-2 provides specific applications for regulating and ensuring that facilities are not adversely affecting land uses. D-6 is intended to prevent and minimize the encroachment and adverse effects of industrial uses on sensitive land uses. Guideline A-12 outlines the air standards in Ontario which regulates contaminants in the air to protect communities that are located near the sources. These provincial guidelines together work to mitigate and avoid potential negative impacts from any industrial use. These requirements remain in affect regardless of any change in zoning. Official Plan The Official Plan outlines goals and objectives for the City. The goals and objectives of Section 3.2 are to foster a vital and diverse local and regional economy. Section 3.2 promotes food processing as a permitted use through the following: Page 3 of 8

4 Section Strengthen the City s employment and economic base by creating and maintaining a community that encourages the attraction, retention, rehabilitation and expansion of businesses and institutions. Section Support initiatives that develop a globally competitive and renewable workforce throughout the City and Region. Section Encourage technology-based commercial and industrial growth that reflects trends in a global society. Section Support the industrial sector and the industrial park, recognizing its importance for employment and economic development throughout the City and Region. These sections support diversifying industrial uses, promoting industrial growth, creating a competitive workforce, and strengthening the City s employment and economic base. Section 4.8 of the Official Plan regarding lands designated Employment states that the predominant use of such lands shall be manufacturing, assembly, fabricating, processing, packaging, printing, warehousing uses, and the storage of goods and materials. It does not differentiate on the basis of what is being manufactured, assembled, or processed. Section of the Official Plan defines noxious uses as: meaning the use of premises in any manner that causes a nuisance or is offensive by the creation or transmission of noise, vibration, illumination, emissions, fumes, odour, dust or radiation, or any combination of these, beyond any lot lines of the premises shall be prohibited on lands designated Employment on Schedule A Land Use. Comparable and Neighbouring Municipalities Staff did background research on neighbouring and comparable municipality s Zoning By-laws to determine what the best practices are in regards to food processing. The research indicated that most of the municipalities investigated do not have a prohibition against food/meat processing. The municipalities instead have some variation of a permitted use for processing, manufacturing, production or fabricating, or alternatively, food production itself within their industrial uses section of the Zoning Bylaw. The current wording within the General Provisions section of the Zoning Bylaw is restrictive and as a result could deter and prohibit potential developments within Owen Sound, especially with the current enthusiasm Page 4 of 8

5 regarding local food. It is recommended that wording that prohibits meat/food processing be removed from prohibited uses. Further, that the wording or a more detailed wording of food processing be added as a definition and permitted use within M1 or M2 zones. Prior to a recommendation report, staff would investigate whether any component of food processing should be prohibited. Example definitions from other municipalities are attached in Appendix A. The municipalities and areas polled that do permit food processing, permit the use in industrial zones only. Comparing their zoning by-laws to Owen Sound s the best fit would be within the M1 or M2 zones. The City allows processing in the M1 and M2 zones, but due to the general prohibition at this time processing cannot include food. There is no specific definition of food production in the Zoning By-law. Other regulatory approval processes, such as the Ministry of Environment, would still apply to food processing facilities. Considerations That should Committee feel this is worth investigating further, direct staff to initiate the Zoning By-law Amendment process in consideration of the following: That the section of the Zoning By-law that prohibits the use of food/meat processing be removed; That Food processing facility be added as a permitted use to the Zoning Bylaw in zones M1, and M2; That it is clear that any uses of food production in contravention of Section of the Official Plan and the similar section within the Zoning By-law of Section 5.2 regarding Noxious uses, will not be a permitted use; That a definition for food processing be added to the Zoning By-law. Refer to Appendix B for an example amendment and definition to be added to the Zoning By-law. Financial/Budget Implications: None at this time. Communication Strategy: None at this time. Page 5 of 8

6 Consultation: Zoning By-laws referenced: Saugeen Shores, Collingwood, Brockville, Orangeville, Brockville, Woolwich, Kingsville, West Grey. Attachments: Appendix A Definitions for Food Processing Appendix B Example amendment Prepared By: Reviewed By: Supported By: Submitted By: Wyatt Rehkopf Margaret Potter Pam Coulter Wayne Ritchie Page 6 of 8

7 Appendix A The following definitions from the polled municipalities were chosen due to the related wording to the City s Zoning By-law. These definitions provide and display a variety of choices to be considered. Food processing provides a specific definition of use, industrial use medium and industrial use are similar to the City s definition of industrial uses, and the last definition represents a simple and concise definition that could be considered. FOOD PROCESSING PLANT means a building or part thereof, other than a restaurant or catering establishment in which agricultural products are prepared, processed, preserved, graded or stored for eventual human consumption, and includes a flour mill, a dairy, a bakery, a grain elevator or an egg grading station, but does not include an abattoir or any premises used for the slaughtering of animals or the boiling of food, tripe or bones. - Saugeen Shores Industrial Use, Medium: A place of business for medium scale processing and manufacturing with outdoor storage of wastes or material and /or there are periodic outputs of minor annoyance. There are occasional outputs of either point source or fugitive emissions for any of the following: noise, odour, dust and vibration, and low probability of fugitive emissions. Shift operations are permitted and there is frequent movement of products and/or heavy trucks during daytime hours. Possible examples of this category include: i) Dry cleaning service; ii) Electrical production manufacturing; iii) Feed packing plant; iv) Magazine printing; v) Manufacturing of dairy products; vi) Paint spray booths. - Kingsville INDUSTRIAL USE, means, without limiting the generality thereof, the manufacturing, assembling, making, producing, preparing, inspecting, grading, ornamenting, finishing, treating, cleaning, washing, altering, repairing, restoring, processing, polishing, refinishing, packing, adapting for sale, warehousing, storing, breaking up or demolishing of goods, substances, articles or things or any part or parts there of; or the production or storage of building or construction equipment or materials. - West Grey Page 7 of 8

8 Manufacturing, Processing, Assembly or Fabrication Plant: The use of land or building where the process of producing any product by hand or mechanical power or machinery is carried on. - Collingwood Appendix B 1. That Section 5 General Provisions of Zoning By-law is hereby amended by: a. Removing a food and/or meat processing plant from Section 5.2 Uses Prohibited in All Zones. 2. That Section 4 Definitions is hereby amended by: a. Adding Food Processing Facility to the List of Defined Terms in Section 4.1; b. Adding a definition of Food Processing Facility to the Definitions in Section 4.2 as follows: Food Processing Facility means a facility where agricultural products are assembled, graded, manufactured, prepared, processed, preserved, packaged, or stored for human consumption. It does not include an abattoir or any use for slaughtering of animals, extraction of oils from animal matter, or the boiling of blood, tripe or bones. 3. Section 8 Industrial Zones is hereby amended by: a. Adding Food Processing Facility as a permitted use in alphabetical order in the list of Permitted Uses in the Industrial Zones in section 8.1 as follows: Uses Uses Permitted in Zone M1 M2 MU Food Processing Facility Page 8 of 8