7. ZONING BY-LAW AMENDMENT WASTE PROCESSING AND TRANSFER FACILITIES IN THE RURAL AREA

Transcription

1 62 COMITÉ DE L AGRICULTURE ET 7. ZONING BY-LAW AMENDMENT WASTE PROCESSING AND TRANSFER FACILITIES IN THE RURAL AREA MODIFICATION AU RÈGLEMENT DE ZONAGE INSTALLATIONS DE TRAITEMENT ET DE TRANSFERT DES DÉCHETS EN SECTEUR RURAL COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law as detailed in Document 2. RECOMMANDATION DU COMITÉ Que le Conseil approuve les modifications au règlement de zonage, comme l explique en détail le document 2. DOCUMENTATION 1. Deputy City Manager's report, Planning and Infrastructure, dated 11 May 2012 (ACS2012-PAI-PGM-0086).

2 63 COMITÉ DE L AGRICULTURE ET Report to/rapport au : Agriculture and Rural Affairs Committee Comité de l'agriculture et des affaires rurales and Council / et au Conseil May 11, mai 2012 Submitted by/soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure / Urbanisme et Infrastructure Contact Person / Personne ressource: Richard Kilstrom, Manager/Gestionnaire, Policy Development and Urban Design/Élaboration de la politique et conception urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance Élaboration de la politique et conception urbaine (613) x22653, Richard.Kilstrom@ottawa.ca West-Carleton March (5), Cumberland (19) Osgoode (20) Rideau-Goulbourn (21) Ref N : ACS2012-PAI-PGM-0086 SUBJECT : OBJET : ZONING BY-LAW AMENDMENT WASTE PROCESSING AND TRANSFER FACILITIES IN THE RURAL AREA MODIFICATION AU RÈGLEMENT DE ZONAGE INSTALLATIONS DE TRAITEMENT ET DE TRANSFERT DES DÉCHETS EN SECTEUR RURAL REPORT RECOMMENDATION That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to Zoning By-law as detailed in Document 2. RECOMMANDATION DU RAPPORT Que le Comité de l agriculture et des affaires rurales recommande au Conseil d approuver les modifications au règlement de zonage, comme l explique en détail le document 2.

3 64 COMITÉ DE L AGRICULTURE ET BACKGROUND On July 14, 2010, Council adopted an Interim Control By-law prohibiting any new, or additions to, waste processing or transfer facilities from being developed on any lands zoned Rural Heavy Industrial (RH), including subzones and exception zones in former Cumberland, until a zoning study had been undertaken. On May 12, 2011 Agriculture and Rural Affairs Committee approved the outcomes of the Cumberland study (ASC-ICS-PGM-0104) and directed staff to undertake public consultation in the remainder of the rural area. The recommended zoning strategy resulted in the creation of a set of general provisions. In brief, the provisions require: a minimum lot area of 2 hectares in the RH zone for the establishment of waste processing and transfer facilities (putrescible); a minimum separation distance of 300 metres between a building containing a waste processing and transfer facility (putrescible) and existing residential or institutional buildings; no waste processing and transfer facility (putrescible) shall be deemed non-complying by the subsequent construction of a residential or institutional building within the 300 metre separation; putrescible and non-putrescible facilities must have direct access to a designated truck route or access through a Rural General or Rural Heavy Industrial zoned subdivision to a designated truck route. This report details the requisite public consultation undertaken by staff, summarizes responses received and recommends that the provisions of Section 95 as amended apply to the rural area of the city. The general provisions implement the intent of the City of Ottawa Diversion 2015 policy that encourages waste recycling and diversion from landfill sites, so as to reduce the reliance on the existing landfill sites while seeking alternate waste management methods. DISCUSSION Official Plan Most sites zoned RH are within the General Rural Area designation of the Official Plan. The designation is intended to provide a location for agriculture and for those non-agricultural, uses that, due to their land requirements or the nature of their operation, would not be more appropriately located within urban or village locations. These policies provide that the City will minimize the impact of truck traffic on residential neighbourhoods by ensuring the availability of a comprehensive truck route network based on the arterial road system.

4 65 COMITÉ DE L AGRICULTURE ET Zoning By-law By-law amended By-law and was enacted by Council on May 25, 2011 to establish General Provisions Section 95 for Waste Processing and Transfer Facilities in the former Cumberland Township only. By-law was appealed and subsequently approved by the Ontario Municipal Board on November 18, Staff has reviewed the current Section 95 provisions in conjunction with the comments received as a result of the public notification, which are summarized in Document 1, and is recommending various amendments as detailed in Document 2. The provisions of Section 95 as proposed will mitigate impacts of waste processing and transfer facilities on existing residential and institutional uses and address compatibility of uses in the rural area. The revised provisions of Section 95 are considered reasonable and appropriate wherever waste processing and transfer facilities are permitted throughout the rural area of the city. Details of Proposed Amendment Details of the proposed amendment are outlined in Document Amendments to Section 95 Changes to 95(1)(c) The wording changes are proposed to make it clear to the reader that the 300 metre separation distance applies from any building that contains a waste processing and transfer facility (putrescible) to any building for which the primary use is residential or institutional in the zones listed. The word Principal is defined in Section 54 of the by-law as the primary use of a building. Some zone references have been corrected. The original provisions make reference to Rural Minor Institutional (RI1) and Rural Minor Institutional (RI2). There is only one Rural Institutional Zone in the by-law, the Rural Institutional Zone (RI). The zone references are proposed to be corrected. Changes to 95(1)(d) The wording changes are proposed to make it clear to the reader that the 300 metre separation distance applies from any building that contains a waste processing and transfer facility (putrescible) to any building for which the primary use is residential or institutional on lots zoned residential or institutional within Area C (Suburban) of Schedule 1 of the zoning by-law. The word Principal is defined in Section 54 as the primary use of a building. Changes to 95(1)(e) The term new development is not defined in the by-law and has created ambiguity in interpretation. The section has been reworded to more clearly state what was meant by new development

5 66 COMITÉ DE L AGRICULTURE ET Other Changes Section 95(1)(m) repeats the requirement in 95(1)(b)for the minimum lot area in the RH zone for waste processing and transfer facilities (putrescible) to be 2 hectares and is therefore proposed to be deleted and Sections 95(1)(n) and (o) are to be renumbered Section 95 (1) (m) and (n). 2. Deletion of Schedule 174 Schedule 174 is no longer required. The area to which the provisions apply are shown as Area D on Schedule 1 to By-law Document 3. RURAL IMPLICATIONS The recommendation is to apply General Provisions that will affect the development of both putrescible and non-putrescible waste processing and transfer facilities wherever they are listed as a permitted use in the Rural area zones. CONSULTATION Notice of this application was carried out in accordance with the City s Notification and Consultation Policy. Details of the consultation undertaken to inform the public of the intent to extend the provisions of Section 95 to the entire Rural Area of the City, a summary of the comments received and staff responses, are contained in Document 1. COMMENTS BY THE WARD COUNCILLOR(S) The Councillors are aware of the report and its recommendations. LEGAL IMPLICATIONS Should the proposed by-law be adopted but appealed to the Ontario Municipal Board, it is expected that the hearing could be conducted within staff resources. If the by-law is amended in a manner that Planning and Growth Management staff cannot support with professional opinion evidence, it would be necessary for the City to retain an outside planner. It is anticipated that the cost of retaining an outside planner would be in the range of $30,000 to $40,000. RISK MANAGEMENT IMPLICATIONS There are no risk management implications association with the recommendation in this report.

6 67 COMITÉ DE L AGRICULTURE ET FINANCIAL IMPLICATIONS If the recommendation is adopted and appealed, staff resources will be used to defend Council s position. If the by-law is amended such that staff cannot support with professional opinion evidence, an outside planner would need to be retained at an estimated cost of $30,000 to $40,000. Funds are not available within existing resources, and the expense would impact Planning and Growth Management s 2012 operating status. ACCESSIBILITY IMPACTS There are no accessibility implications associated with this report. ENVIRONMENTAL IMPLICATIONS There are no environment implications associated with this report TECHNOLOGY IMPLICATIONS There are no direct technical implications associated with this report. TERM OF COUNCIL PRIORITIES The amendments proposed support Environmental Stewardship, ES3 to reduce environmental impact and increase diversion. SUPPORTING DOCUMENTATION Document 1 Consultation Details Document 2 Details of recommended zoning Document 3 Schedule 1 to By-law DISPOSITION City Clerk and Solicitor Department, Legislative Services to notify those requesting notification and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) and all those who have requested notification, of Council s decision. Planning and Growth Management to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification. Legal Services to forward the implementing by-law to City Council.

7 68 COMITÉ DE L AGRICULTURE ET CONSULTATION DETAILS DOCUMENT 1 Following the Ontario Municipal Board approval of By-law , staff provided public notification to the Rural Area, as directed in Item 3 of the Council recommendation adopted May 25, In accordance with the Planning Act requirements and City of Ottawa policy for notification, 1. Notice was published in West Carleton EMC; Manotick Messenger; Manotick EMC; Orleans Starr; and L Express on or about January 12, In addition, written notice was mailed on January 12, 2012 to all owners of lands zoned RH (Rural Heavy Industrial) including subzones and exception zones; all registered Community Associations for Wards 5, 19, 20 and 21; Technical Agencies in accordance with the Planning Act; those individuals who had requested notice, and City Staff. 3. A website was established on Ottawa.ca. The last date for comments was February 10, In response to the notification undertaken, staff received approximately six telephone enquiries; 15 s confirming no concerns; 19 requests for notification; nine s requesting further clarification of the proposal; and three letters. Many of the enquires were made to seek clarification of terms and provisions. There were very few concerns received. Summary of Comments and Concerns on Proposed Waste Processing and Transfer Facility Comment Staff Response 1. It was unacceptable for the City to The approvals for conversion of the approve a temporary hold for only part building referred to in the of the city. This has resulted in the establishment of a Waste Processing correspondence are final. Requests for construction of any future waste and Transfer Facility (converted processing and transfer facilities building) and dumping of putrescible materials within the 300 metre buffer to residential uses. (putrescible) on the site referred to in the correspondence will be subject to whatever provisions are in place at the time that any such requests are reviewed. Outdoor storage of putrescible waste is prohibited.

8 69 COMITÉ DE L AGRICULTURE ET Comment 2. Having been engaged in preconsultation, but having yet to file applications, will the provisions of the proposed by-law apply to our applications when they are filed? 3. Birds, dust and smell are nuisances associated with a current operation on an abutting property 4. This general provision may restrict development on existing lots zoned for residential use in the rural area that do not have a building on it by allowing a putrescible operation to locate within 300 metres of an undeveloped residential lot. Is this correct? Staff Response Zoning Amendment Applications for rezoning are reviewed based on policy and zoning regulations in full force and effect at such time as it is determined that a complete application has been received. Zoning applications are required to conform to the applicable Official Plan policies. Site Plan Approval Applications for site plan approval are required to meet applicable zoning requirements at the time approval is granted. These issues are typically experienced by landowners neighbouring on these uses. The proposed zone provisions will assist in mitigating some of the nuisance issues that have affected such operations and their neighbours in the past. Requiring operations to be located within buildings, establishing separation distances and prohibiting outside storage of putrescible waste will assist in mitigation. These proposed provisions will apply to new Waste Processing Facilities (WP&TF). If there are existing, legally established WP&TF s approved prior to adoption of these new provisions they would enjoy non-complying rights and exclusion from any new zoning provisions. This is correct. If there are RH zones existing in the Rural Area and if a putrescible operation locates in advance of development on existing vacant lots zoned RR/RU/V1/V2/V3/VM/RI within the 300 metre separation distance and someone subsequently wishes to develop a residence or an institutional use building on that vacant lot, they

9 70 COMITÉ DE L AGRICULTURE ET Comment 5. These separation distances are listed for putrescible, but will they allow nonputrescible to establish within the 300 metres 6. The notice said All new development on lots abutting putrescible and/or non-putrescible facilities need to comply with the 300 metre separation distance. The provision says the separation only applies to putrescible. Please clarify. 7. The provision restricts all new development what types of development are compatible? Staff Response would require a Committee of Adjustment variance prior to issuance of a building permit. The separation distances do not apply to non-putrescible operations. Non-putrescible operations can locate within the 300 metre radius. The notice was erroneous and should have read All new development on lots abutting putrescible facilities need to comply with the 300 metres separation distance. Staff proposes amendments to the provisions to clarify that New Development relates to buildings constructed for either residential or institutional uses.

10 71 COMITÉ DE L AGRICULTURE ET DETAILS OF RECOMMENDED ZONING DOCUMENT 2 Proposed Changes to By-law Amend Section 95 as follows: 95. (1) The following applies to Waste Processing and Transfer Facilities in area D as shown on Schedule 1 of By-law : (a) waste processing and transfer facility (putrescible) is only permitted in RH Zones, (b) minimum lot area for waste processing and transfer facility (putrescible): 2 ha, (c) minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and any building for which the principal use is residential or institutional on a lot zoned Rural Residential (RR), Rural Countryside (RU), Village Residential (V1, V2, V3), Village Mixed Use (VM), Rural Institutional (RI); (d) minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and any building for which the principal use is residential or institutional, located on a residentially-zoned or institutionally-zoned lot located within Area C of Schedule 1 of By-law , (e) Construction of any building for which the principal use will be residential or institutional on a lot zoned Rural Residential (RR), Rural Countryside (RU), Village Residential (V1, V2, V3), Village Mixed Use (VM) or Rural Institutional (RI), in proximity to existing waste processing and transfer facilities (putrescible) must also comply with the minimum separation distance; (f) despite the required minimum separation distance, no waste processing and transfer facility (putrescible) is deemed to be noncomplying by the subsequent erection of a residential use or institutional use building on another lot, (g) waste processing and transfer facilities, (putrescible) and waste processing and transfer facilities, (non-putrescible), are restricted to having either direct access to a designated truck route or access through an RG- or RH- zoned industrial subdivision leading directly to a designated truck route, (h) development of a waste processing transfer facility, (putrescible) or a waste processing transfer facility (non-putrescible) must not result in truck traffic that necessitates travel through a Village, and

11 72 COMITÉ DE L AGRICULTURE ET (i) (j) (k) (l) (m) (n) development of a waste processing transfer facility, (putrescible) or a waste processing transfer facility (non-putrescible) must not be developed without the approval of the Ministry of Environment. In Rural Heavy Industrial (RH) Zones in area D as shown on Schedule 1, By-law the following terms and definitions replace the term waste processing and transfer facility : (i) Waste processing and transfer facility (non-putrescible) means a facility where non-putrescible waste is sorted, processed and temporarily stored prior to transfer off site and may include a recycling operation; (ii) Waste processing and transfer facility (putrescible) means a facility where putrescible and non-putrescible waste is sorted, processed or temporarily stored prior to transfer off site and may include a source separated organics and biosolids processing and storage facility, On lands zoned RG in the area shown as Area D Schedule 1 Bylaw this section applies to waste processing and transfer facility (non-putrescible). On lands zoned RH in the area shown as Area D Schedule 1 Bylaw this section applies to waste processing and transfer facility (non-putrescible) and waste processing and transfer facility (putrescible) waste processing and transfer facility (putrescible) and waste processing and transfer facility (non-putrescible) must not be used as a solid waste disposal facility; and outdoor storage of putrescible waste is prohibited. (OMB Order, File #PL110666, issued November 18, 2011) (By-law ) 2. Delete Part 17, Schedule 174.

12 73 COMITÉ DE L AGRICULTURE ET Provisions of Section 95 apply to Area D DOCUMENT 3 on Schedule 1 to By-law