WEST CARLETON ENVIRONMENTAL CENTRE

Transcription

1 WEST CARLETON ENVIRONMENTAL CENTRE Zoning By-law Amendment Ottawa Waste Management Facility Expansion Planning Rationale January 2014 Revised May 2014

2 Prepared by: Prepared for: FOTENN Consultants Inc. 223 McLeod Street Ottawa, ON K2P 0Z8 Waste Management of Canada fotenn.com

3 TABLE OF CONTENTS 1.0 INTRODUCTION LOCATION OF LANDS TO BE REZONED DEVELOPMENT PROPOSAL SURROUNDING LAND USES POLICY & REGULATORY FRAMEWORK SUMMARY OF STUDIES & REPORTS CONCLUSIONS APPENDIX

4 1.0 INTRODUCTION Zoning By-law Amendment Waste Management of Canada May 2014 FOTENN has been retained by Waste Management of Canada (WM) to prepare a Planning Rationale in support of a Zoning By-law Amendment Application. The application is to rezone the lands north of WM s existing waste management facility, known as the West Carleton Environmental Centre (WCEC), to permit a new waste disposal facility (ie. landfill) and associated activities. An Environmental Assessment (EA) was undertaken for the proposed new landfill footprint and was approved by the Minister of the Environment on September 6, The EA confirmed a need for waste disposal capacity in the region. The preferred location of the new landfill footprint was directly north of the existing landfill. This rezoning application reflects the landfill location approved by the EA. The purpose of this planning rationale is to assess how the proposed development achieves and conforms to the objectives of the applicable municipal and provincial land use planning policy and regulatory framework, determine if the development is appropriate for the site, and evaluate its compatibility with surrounding development. The Zoning By-law Amendment Application is supported by the following studies/ reports and plans: Planning Rationale (Mine Hazard Study/Abandon Pit or Quarry Study and Impact Assessment of Adjacent Waste Disposal/Former Landfill Site) prepared by FOTENN Consultants Servicing Options Report (Stormwater Management Brief (Erosion & Sedimentation Control Brief) prepared by AECOM Transportation Impact Study prepared by AECOM Groundwater Impact Study prepared by BluMetric Archaeological Resource Assessment prepared by AECOM Environmental Impact Study & Tree Conservation Study prepared by AECOM Concept Plan prepared by FOTENN Consultants Landscape Concept Plan prepared by AECOM Survey Plan prepared by Annis, O Sullivan, Vollebekk A Site Plan Control Application will be required on the subject property to address the details of site works such as landscaping, site access, internal traffic patterns and drainage. This Site Plan Control Application will be submitted to the City at a later date. 2.0 LOCATION OF LANDS TO BE REZONED The lands to be rezoned are identified in Figure 1. These lands are near the intersection of Carp Road and Highway 417, directly north of WM s existing waste management facility. The lands to be rezoned consist of the northern half of Lot 4 and the southern half of Lot 5, Concession 3, in the former Township of Huntley, formerly in the Township of West Carleton, now the City of Ottawa. The lands to be rezoned are illustrated on the figure below, and include the following municipal addresses: 2

5 2349 Carp Road; 2353 Carp Road; 2363 Carp Road; 2383 Carp Road; 2389 Carp Road; 2393 Carp Road; 2397 Carp Road; 2413 Carp Road; 2425 Carp Road; 2437 Carp Road; Unaddressed properties included in Part of the N. Half of Lot 4, Con. 3 The southern half of the lands to be rezoned and a portion of the northern half are owned by WM. WM has an option to purchase the remaining lands on the northern half of the lands to be rezoned. The total area of the lands to be rezoned is ha. Figure 1: Lands to be rezoned 3.0 DEVELOPMENT PROPOSAL The development on the lands to be rezoned is a new landfill with associated activities. An EA was undertaken for the proposed new landfill footprint and was approved by the Minister of the Environment on September 6, The approved EA contains a rationale and demonstrated need for new waste disposal capacity for industrial, commercial and industrial (IC&I) waste in the region. The preferred location of the new landfill footprint identified in the EA is directly north of WM s existing landfill. This development proposal reflects the EA approved location for the new landfill. Accordingly, WM wishes to rezone the site to permit the proposed development. 3

6 The development proposed on the lands to be rezoned is shown in Figure 2 and consists of the following uses: Waste disposal facility (landfill); New vehicle entrance from Carp Road; Landscaped buffer along Carp Road, William Mooney Road and northern edge of proposed landfill; Infiltration basins; Stormwater ponds; Weigh scale area and attendant booth (42 m 2 ); Public drop-off area and kiosk (35m 2 ); Re-use of existing buildings (Laurysen) for maintenance equipment and administrative office; Re-use of existing parking on Laurysen property. The design of the new landfill will meet the requirements set out in Ontario Regulation (O. Reg.) 232/98 Landfilling Sites, including a double-liner design, leachate and gas collection systems, and monitoring to ensure long-term protection of air, groundwater, and surface water. The landfill will be designed to provide up to 6.5 million cubic metres (m 3 ) of disposal capacity and will reach a maximum height of approximately 33 metres. The total area of the new landfill footprint is 37.8 ha. The landfill footprint is setback approximately 365m from Carp Road, 100m from the northern limit of the lands to be rezoned, and 118m from William Mooney Road. A buffer is also maintained between the toe of slope of the existing landfill and proposed new landfill, thus allowing sufficient area for a new waste haul road to the new landfill, and for general maintenance and monitoring. The haul road is proposed to access the waste mound from this southerly side of the new landfill. WM has recently exercised an option to purchase the lands to the north of the lands to be rezoned. This parcel of land (known as the Marshall lands) extends to Richardson Side Road, between Carp Road and William Mooney Road. The acquisition of this property creates the opportunity to maintain a more significant vegetated buffer between the landfill footprint and the lands to the north. The 118m buffer between William Mooney Road and the proposed landfill footprint will retain the existing wooded area and new plantings will be introduced along the portion of the buffer that is currently cropland. The 365m buffer between Carp Road and the proposed landfill footprint will contain a new landscaped buffer with associated waste processing activities located between the landscaped buffer and the landfill footprint. These activities include infiltration ponds and stormwater ponds, public drop-off area, vehicle access routes, a weigh scale area, and the adaptive re-use of existing buildings. Two existing buildings on the lands to be rezoned will be retained for re-use. These two buildings are located on the current Laurysen s Kitchen property. The current retail office/showroom building (726 m 2 ) is to be used as administrative offices, and the large industrial building (4,878 m 2 ) is anticipated to be used for equipment storage/maintenance or waste diversion activities in the future. The landscaped buffer along Carp Road is referred to on the Concept Plan as an Interplanted Area. This means that the existing vegetation will be enhanced with new vegetation to create a uniform landscaped buffer. The buffer will be approximately 46 m in width. 4

7 Zoning By-law Amendment Waste Management of Canada May 2014 Figure 2: Concept Plan 223 McLeod Street Ottawa Ontario K2P 0Z8 T: F:

8 Design Changes since EA Approval Zoning By-law Amendment Waste Management of Canada May 2014 The table and Figure 3 below describes the key design changes that have evolved since the approval of the EA and are being proposed as part of the Zoning By-law Amendment and future Site Plan Control Application. Design Change Landfill footprint shifted approximately 30m west Combine the gravel and paved roads between existing and proposed landfills Revise alignment of new vehicle entrance at Carp Road. Rationale Shifting of footprint west will better accommodate enlarged infiltration basins and stormwater ponds. To simplify drainage and improve traffic flow along the road corridor between the two landfill mounds. To create better alignment with truck entrance to property on east side of Carp Road thus improving traffic flow, turning and road safety at the new entrance to the proposed landfill. Figure 3: Changes Following Approval of EA 6

9 4.0 SURROUNDING LAND USES Zoning By-law Amendment Waste Management of Canada May 2014 Figure 4 illustrates the existing land uses surrounding the lands to be rezoned. A 500m radius from the proposed landfill, which defines the potential influence area of the proposed landfill, is shown in this figure. All the properties that fall wholly or partially within this 500m radius are outlined in pink. During the EA, these properties were examined to determine whether any are considered sensitive land uses as defined in Ministry of Environment (MOE) Guideline D-4. Some of the existing land uses have changed since the EA and Figure 4 has been updated accordingly. MOE Guideline D-4 defines a Sensitive Land Use as: A building, 'amenity area' or outdoor space where routine or normal activities occurring at reasonably expected times would experience 1 or more 'adverse effect(s)' from contaminant discharges generated by a nearby 'facility'. The 'sensitive land use' may be a part of the natural or built environment. Depending upon the particular 'facility' involved, a sensitive land use and associated activities may include one or a combination of: (i) residences or facilities where people sleep (e.g. single and multi-unit dwellings, nursing homes, hospitals, trailer parks, camping grounds, etc.). These uses are considered to be sensitive 24 hours/day. (ii) a permanent structure for non-facility related use, particularly of an institutional nature (e.g. schools, churches, community centres, day care centres). (iii) certain outdoor recreational uses deemed by a municipality or other level of government to be sensitive (e.g. trailer park, picnic area, etc.). (iv) certain agricultural operations (e.g. cattle raising, mink farming, cash crops and orchards). (v) bird/wildlife habitats or sanctuaries. 7

10 Figure 4: Existing Land Use Map 4.1 Existing Land Uses Within 500m The majority of the lands within the potential influence area of the proposed landfill are pits and quarries, agriculture, and wooded areas which are generally not defined as sensitive land uses. However, there are six (6) residential properties (2485 Carp Road, 2283 and 2291 Richardson Side Road, and 381, 427 and 607 William Mooney Road) and two (2) active livestock operations (427 and South of 569 William Mooney Road) on properties that fall within the 500 metre potential influence area. These uses are considered sensitive land uses under MOE Guideline D-4. Four of the residential properties are owned by WM or on lands which WM has an option to purchase. These properties include the two residential properties to the southwest of the proposed landfill, one on the property directly north of the proposed landfill, and one property on the north side of Richardson Side Road. Since these lands are owned or optioned by WM, these uses can be displaced by WM to mitigate any adverse effects. The remaining two residential properties straddle the edge of the 500m influence area with one property on the north side of Richardson Side Road (2291 Richardson 8

11 Side Road) and the second property at the northwest corner of Richardson Side Road and William Mooney Road (607 Richardson Side Road). The property on Richardson Side Road north of the proposed landfill is non-conforming with regard to the policies of the Official Plan and the Carp Road Corridor Community Design Plan (CDP). As such, it is expected that these uses will be redeveloped or converted over time to be in conformity with the land use policies and the industrial zoning on the lands. The approved EA concluded that no adverse effects are anticipated for this property. The property located at the northwest corner of Richardson Side Road was not reviewed through the EA process as it was added into the 500 m study area when the proposed landfill was shifted 30 m to the west. An analysis of potential impacts to this property will be completed as part of the Environmental Compliance Approvals (ECA) process. While no environmental impacts are anticipated through regular operations of the landfill, this will be confirmed as part of studies undertaken for the ECA. The two livestock operations consist of a dairy farm and a part-time beef farm. Both operations are located on the pasture lands to the west of William Mooney Road, south of Richardson Side Road. The two farms include more than 62 hectares of cleared land. Both operations are on lands optioned by WM and thus can be displaced by WM to mitigate any adverse effects. No other potentially sensitive land uses are found within 500 m of the proposed landfill footprint. 4.2 Existing Land Uses Beyond 500m Directly north and south of the proposed landfill footprint, beyond the 500m potential influence area, are industrial subdivisions. To the north of Richardson Side Road is the Cardevco-West Hunt Industrial Area and to the south of Highway 417 is the A.G. Reed Industrial Park. The vacant lots in these industrial parks indicate that there will be more industrial development in the Carp Road Corridor in the future. Lands to the east of Carp Road, north of Highway 417, are predominated by quarrying and associated industrial activities. To the south of Highway 417 is a park and ride and other light industrial development. To the northwest of the proposed landfill there is a cluster of residential uses along Richardson Side Road, west of William Mooney Road, and a number of country lot subdivisions fronting on Wilbert Cox Drive and Pennycross Lane. Within the country lot subdivisions, there are some vacant lots which are expected to be filled in with new residences over time. The EA demonstrated no adverse effects on these residential properties. 5.0 POLICY & REGULATORY FRAMEWORK The following is a review of applicable policy documents that apply to municipal and provincial land use approvals, for their consistency with the WM development proposal. 9

12 5.1 PROVINCIAL POLICY STATEMENT (2005) The Provincial Policy Statement (PPS), issued under the authority of Section 3 of the Planning Act and in effect since March 1 st, 2005, provides direction on matters of provincial interest related to land use planning and development. The Planning Act requires that decisions affecting planning matters shall be consistent with policy statements issued under the Act. The following policies of the PPS are applicable to this development proposal: 1.1 Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns Healthy, liveable and safe communities are sustained by: a) Promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; c) Avoiding development and land use patterns which may cause environmental or public health and safety concerns; e) Promoting cost-effective development standards to minimize land consumption and servicing costs; g) Ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs Waste Management Waste management systems need to be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives; Waste management systems shall be located and designed in accordance with provincial legislation and standards. 1.7 Long-Term Economic Prosperity Long-term economic prosperity should be supported by: e) planning so that major facilities (such as airports, transportation/transit/rail infrastructure and corridors, intermodal facilities, sewage treatment facilities, waste management systems, oil and gas pipelines, industries and resource extraction activities) and sensitive land uses are appropriately designed, buffered and/or separated from each other to prevent adverse effects from odour, noise and other contaminants, and minimize risk to public health and safety. The proposed landfill expansion is consistent with the above noted policies of the Provincial Policy Statement (2005) for the following reasons: The approved EA for the proposed landfill addresses the need for the facility, including a rationale for the size and type of the facility; The approved EA addresses environmental, public health and safety concerns; 10

13 The landfill and associated activities will be designed in accordance will provincial legislation and standards and in accordance with the conditions of the approved EA; The facility ensures there is landfill disposal capacity to minimize the shipment of waste outside the region; The location of the proposed landfill footprint is immediately north of the existing landfill and associated infrastructure thus minimizing land consumption and promoting efficient development; The location of the proposed landfill adjacent to the West Carleton Environmental Centre facilitates and promotes the diversion of waste. The current IC&I waste management diversion rate is 17% within the City of Ottawa with a target increase of 2% annually. It is the intent of WM to reach a 60% IC&I waste diversion rate by the end of 2033; and The location of the proposed landfill site is well set back from other uses and are appropriately buffered in order to prevent adverse effects. 5.2 CITY OF OTTAWA OFFICIAL PLAN (2003, As Amended & OPA 150) In 2013, the City of Ottawa reviewed its Official Plan which resulted in numerous changes to policy references and to land use designations. Ottawa Council adopted Official Plan Amendment (OPA) 150 to implement the changes in December 2013 and it is currently with the Ministry of Municipal Affairs and Housing (MMAH) for the Minister s Decision and final approval. For the purposes of this Planning Rationale, the current policies of the City of Ottawa Official Plan 2003 (consolidated May 2013) remain in full force and effect and have been reviewed and analysed for the proposed development. In addition, although OPA 150 is not yet in full force and effect, the new policies relevant to the proposed development have been taken into consideration as the intended direction of City Council. Policies from the Official Plan that are copied into this document are italicized. New policy wording from OPA 150 is shown in blue. Section 2 of the Official Plan provides Strategic Directions for growth and development within the City. Particularly relevant policies in this section of the Plan address employment. Policy 32 of Section 2.2 states: 32. The City will plan for, protect and preserve lands for current and future employment uses and will discourage the removal of employment lands for other purposes. For the purposes of this policy, as well as policies 33 and 34 below, employment lands include Employment Areas and Enterprise Areas designated on Schedule B, and Industrial Areas that are designated in secondary plans for villages and land designated on Schedule A as the Carp Road Corridor Rural Employment Area. Employment uses are those described in Section of this Plan. The proposed development is for employment uses of the land. The lands to be rezoned are designated Industrial in the secondary plan (ie. Carp Road Corridor Community Design Plan). The proposed use is consistent with the intended employment uses of the land which are defined in Section as noxious industrial uses that impose constraints on other uses locating nearby and require a buffer between these and other uses. Section 3 of the Official Plan provides more detailed direction for the use of land within specific areas of the city and establishes policies for the land use designations 11

14 identified on Schedule A: Rural Policy Plan. As shown on Figure 5, the Subject Lands are designated Carp Road Corridor Rural Employment Area and Sand and Gravel Resource Area on Schedule A of the City of Ottawa s Official Plan (2003, As Amended). The existing landfill directly south of the lands to be rezoned is identified with a Solid Waste Disposal Site symbol. These symbols are applied to an area generally where waste disposal activities are occurring or planned. Figure 5 Official Plan Schedule A Land Use Designations Section 3.8 Solid Waste Disposal Sites The Official Plan states that landfills are considered a Solid Waste Disposal Site. The existing waste facility owned by WM at Carp Road is identified with a Solid Waste Disposal Site Symbol. The Solid Waste Disposal Site symbol does not determine the boundaries of the landfill site; the physical extent of a landfill site is to be regulated through the Zoning By-law. Thus, for an expansion to an existing waste facility, only an amendment to the Zoning By-law is required. The Zoning By-law amendment is subject to the same criteria applied to the establishment of new landfill sites, pursuant to Policy 4 of Section 3.8. Policy 5 defines the influence area of an operating solid waste disposal site to be lands within 500 metres of the site boundary. Where an Environmental Assessment, 12

15 Hydrogeological analysis, or similar study determines that significant ground, surface, or airborne impacts occur at a greater distance, the influence area may be extended beyond 500 metres. As the Environmental Assessment for the proposed expansion did not identify any impacts outside the 500-metre influence area, this influence area remains unchanged. Policies 6 to 8 address compatibility of new development proposals in the vicinity of an existing waste disposal site, requiring a study to demonstrate compatibility with this site. Studies must be undertaken by qualified professionals, must conform to Official Plan policies, must be consistent with provincial regulations, and must address the potential for various impacts. Policy 8 lists specific compatible uses that do not require supporting studies. The Zoning By-law Amendment application proposes to expand the existing site by adding an additional landfill footprint. As such, the application is categorized as an expansion to the existing site, not a development proposal on adjacent lands. Consequently, Policies 6, 7, and 8 of Section 3.8 are not applicable to the application. The relevant policies of Section 3.8 are copied below. No changes were proposed to Section 3.8 as part of the 2013 Comprehensive Review of the Official Plan (ie. OPA 150). 1. Operating Solid Waste Disposal Sites are designated on Schedules A and B in order to recognize their function and their potential impact on surrounding land uses. 2. The City will require an official plan amendment for the establishment of any new Solid Waste Disposal Site. The City will evaluate applications based on the following: a. The proponent has completed an Environmental Assessment or an Environmental screening Report under the Environmental Assessment Act considering such items as the: i. Rationale for the undertaking, ii. Potential impact on the City's commitment to waste reduction, reuse and recycling, iii. Potential community, public health, transportation, environmental, visual, financial and land use impact of the facility, iv. Use of mitigation measures, such as buffers and setbacks, to address potential land-use conflicts, v. Potential impacts and mitigation measures related to air traffic, vi. Potential impacts and mitigation measures related to roads and haul routes to the facility; vii. Environmental monitoring of the facility, viii. The end use of the facility; b. Compliance with a Terms of Reference for the Environmental Assessment, as approved by the Minister of the Environment under the Environment Assessment Act; or in the case of a project using the Environmental Screening Process, the submission of a Notice of Completion to the Ministry of the Environment. c. Does not duplicate the requirements of the Environmental Assessment Act. 3. The zoning by-law will restrict the location of Solid Waste Disposal facilities to specific sites. 13

16 4. Expansion of operating solid waste disposal sites will require a zoning by-law amendment. The City will consider the amendment based on the criteria listed in policy 2 above. 5. Land within 500m of an operating or non-operating solid waste disposal site boundary is considered to be the influence area of the site. However, where the City or the owner of the site, has determined through an Environmental Assessment, Hydrogeological analysis or similar study that significant ground, surface or air-bourn impacts occur at a distance greater than 500m the greater distance will establish the influence area. 6. Proponents for any development that requires planning approval on land within the influence area of an operating or non-operating solid waste disposal site, will undertake a study, in consultation with the owner/operator of the disposal site, to demonstrate that the solid waste disposal site will not have unacceptable any adverse effects on the proposed development and will not pose any risks to human health and safety. 7. The study must be undertaken by a qualified professional and must also conform to the policies of Section on contaminated sites. The study will be consistent with provincial regulations and address the presence and impact of the following: contamination by leachates, surface runoff, ground settlement, visual impact, dust, noise, soil contamination and hazardous waste, and landfill-generated gases. Particular attention shall be given to odour and the production and migration of methane gas. 8. Notwithstanding the requirement for a study in policy 6 above the following compatible uses may not require a study: utilities, waste-processing facilities, above-grade transportation routes, forestry activities, and gravel pits, quarries and other mining activities, provided that the solid waste disposal site water table is not affected and excavations will not result in landfill gas migration or removal of a visual screen buffering of the landfill from the public view. 9. Notwithstanding polices 6, 7 & 8 above no new land use will be permitted within 30 metres of: a. the licensed perimeter of an operating site or b. the fill area of a non-operating solid waste disposal site. For the purpose of this policy the fill area means the area of a waste disposal site that was set aside for land filling or dumping. The proposed landfill expansion conforms to the Official Plan policies of the Solid Waste Disposal Sites land use designation for the following reasons: The existing Solid Waste Disposal Site is designated on Schedule A of the Official Plan and this development proposal is an expansion to this Site; The proposed landfill expansion on the lands to be rezoned is subject to an approved EA completed under the Environmental Assessment Act; As an expansion to the existing waste disposal site, the proposed development is not considered adjacent development. It will be integrated into the overall functioning of the site, and is designed to be compatible with the existing facility. Therefore, a compatibility study as per Policies 6, 7, and 8 is not required; 14

17 Existing wooded areas will be retained and new landscaping is introduced on the lands to be rezoned in order to provide appropriate visual screening of the landfill from public view; No new land uses are proposed within 30 metres of the fill area of the existing landfill on the adjacent lands. Section Carp Road Corridor Rural Employment Area The Carp Road Corridor Rural Employment Area designation was brought into the Official Plan in 2004 to implement the policies of the Carp Road Corridor Community Design Plan. As stated in the preamble to Section of the Official Plan: Due to its strategic location and accessibility (anchored by the Highway 417 interchange in the south and the Carp Airport in the north), the Carp Road Corridor Rural Employment Area offers a unique and diverse range of employment and industrial opportunities. This is evident with the presence of a full range of industry sectors, which includes, but is not limited to, manufacturing, mining (aggregates), retail trade, construction, agriculture, transportation as well as personal, professional and business services. Carp Road Corridor Rural Employment Area plays an important role in the development and well-being of the local economy. No changes were proposed to Section as part of the 2013 Comprehensive Review of the Official Plan. The following polices are outlined in the Official Plan in reference to development in the Carp Road Corridor Rural Employment Area designation: 1. The Carp Road Corridor Rural Employment Area is designated on Schedule A with the intent to reserve the land for rural industrial and commercial uses. 2. New development applications will conform to the policies in the Community Design Plan. 3. The Community Design Plan for the Carp Road Corridor shall provide direction to the zoning by-law for future land uses. 4. New industrial development will generally be by way of plans of subdivision/business parks. The proposed landfill expansion conforms with the policies of the Carp Road Corridor Rural Employment Area designation for the following reasons: The proposed development is a rural industrial use; The proposed development conforms to the policies of the Carp Road Corridor Community Design Plan (described in section to follow); While the policies encourage new employment uses to develop by way of plans of subdivision or in business parks, the proposed landfill expansion is not part of, nor is it desirable to be part of, a plan of subdivision or business park due to its large scale nature. 15

18 Mineral Resources - Sand and Gravel Resource Area A portion of the lands to be rezoned are designated under the current Official Plan as Sand and Gravel Resource Area. However, the mineral resources on these lands have been fully extracted. Policy 14 of Section states that where sand and gravel mineral resources have been fully extracted on a property, the property may be used for other purposes without amendment to the Official Plan. In 2013, WM undertook the process to surrender the pit licence to the Ministry of Natural Resources (MNR). On October 31, 2013, the aggregate licence was surrendered for the site. Following the surrender of the aggregate licence, a motion was passed by Planning Committee to amend OPA 150 (Comprehensive Official Plan Review) to remove the Sand and Gravel Resource Area designation from the lands and redesignate the lands from Sand and Gravel Resource Area to Carp Road Corridor Rural Employment Area. The removal of the Sands and Gravel Resource Area designation from the subjects lands through OPA 150 was completed as a housekeeping item and not required for this Zoning By-law Amendment Application. For these reasons, the presence of the Sand and Gravel Resource Area designation on the lands does not have a bearing on the proposed development Mineral Resources Limestone Resource Area Section of the Official Plan also designates certain lands as Limestone Resource Area to protect these aggregate resources for future use and to protect aggregate operations from incompatible activities. The policies of this Section require that new development within 500m of a Limestone Resource Area must demonstrate that the development will not conflict with future mineral aggregate extraction. A large Limestone Resource Area designation is located on the east side of Carp Road within 500m of the lands to be rezoned. The policies also require that new development within 500m of an existing licensed bedrock quarry demonstrate that the new development will not impact the operation and the potential expansion of the operation in depth or extent. The Pits and Quarries On Line tool on the MNR website was reference in January 2014 to confirm the location of licensed pits and quarries, as shown in Figure 6. The licensed quarry is approximately 177m from the lands to be rezoned. There is also a licensed quarry south of Highway 417 but this quarry is in excess of 700m from the lands to be rezoned and therefore does not need to be addressed. 16

19 (Source: Pits and Quarries On Line, MNR website, viewed January 2014) Figure 6 Site and Surrounding Area Zoning The relevant policies of Section are copied below. Changes were proposed to Section as part of the 2013 Comprehensive Review of the Official Plan. The revised policies are shown in blue below the current policies. Development Restriction on Adjacent Lands 8. Limited types of new development may be approved within 500 metres of a Limestone Resource Area or within 300 metres of a Sand and Gravel Resource Area, provided unless it can be demonstrated that such development does not conflict with future mineral aggregate extraction. Examples of conflicting land uses that will not be considered include the creation of new lots or rezoning to permit dwellings or lodging places (motels, camp grounds, nursing homes, etc.) and farming or small-scale business uses where animals, equipment or employees are affected by pit or quarry activities. 9. Where there is an existing licensed pit or quarry, development may be approved within the area of potential impact, referenced in policy 10, where an impact assessment study is completed and demonstrates that the mineral 17

20 aggregate operation, including future expansion in depth or extent, will not be affected by the development. The Ministry of Natural Resources will be consulted in review of the impact assessment study. 10. Where the City approves the development of land in accordance with policies 10 and 11 above, the City may impose conditions to ensure the development provides adequate buffering and/or separation between the new proposed use and the mineral aggregate area/operation. 9. Limited types of new development may be approved within 500 metres of a Limestone Resource Area or within 300 metres of a Sand and Gravel Resource Area, provided unless it can be demonstrated that such development does not conflict with future mineral aggregate extraction. Examples of conflicting land uses are new sensitive land uses that conflict with mineral aggregate extraction. These include but are not necessarily limited to: a. the creation of new lots; b. rezoning to permit dwellings or lodging places (motels, camp grounds, nursing homes, etc.); and c. farming or small-scale business uses where animals, equipment or employees are affected by pit or quarry activities. 10. New development may be approved within 500 metres of an existing licensed bedrock quarry or within 300 metres of an existing sand and gravel pit it can be demonstrated that the existing mineral aggregate operation, and potential future expansion of the operation in depth or extent, will not be affected by the development. 11. The Ministry of Natural Resources will be consulted in review of studies if necessary. 12 Where the City approves the development of land in accordance with the policies above, the City may impose conditions to ensure the development provides adequate buffering and/or separation between the new proposed use and the mineral aggregate area/operation. The proposed landfill expansion conforms to the existing and OPA 150 policies for Mineral Aggregate Resources for the following reasons: The proposed development is not a sensitive land use, but a rural industrial use that will not conflict with existing or future aggregate extraction activities; The proposed development is no closer to the quarrying activities than the existing waste disposal site and no issues concerning compatibility of these uses have arisen in the past; Enhanced landscaping treatment is being proposed along Carp Road which will assist in providing buffering and separation between the proposed landfill expansion and the mineral aggregate operation. Section Mine Hazards and Abandoned Pits and Quarries Section of the City of Ottawa Official Plan defines mine hazards as any feature of a mine defined in the Mining Act or any related disturbance of the ground that has not been rehabilitated. These hazards may pose a threat of injury and loss of life if they are not rehabilitated or mitigated. Abandoned pits and quarries are defined as an area of land not previously licensed or permitted under the Aggregate Resources Act 18

21 from which aggregate has been removed, leaving it in a form that is derelict, unproductive or incompatible with the surrounding landscape. The Official Plan contains policies that require development proposed on or abutting lands affected by Mine Hazards and Abandoned Pits and Quarries to address and mitigate known or suspected hazards. Policy of Section states: 1. The City will require applicants for site plan, plan of subdivision and consent to indicate that they are satisfied that the previous uses of the property have been assessed and have not identified any former mine sites or abandoned pits and quarries on or adjacent to the site. Any assessment of the property will include reference to the Abandoned Pits and Quarries Inventory completed by the Ministry of Natural Resources and information regarding abandoned mine sites documented by the Ministry of Northern Development and Mines. The proposed landfill expansion conforms to the policies of the Mine Hazards and Abandoned Pits and Quarries section of the Official Plan for the following reasons: The Abandon Pits and Quarries Inventory was reviewed (January 2014) and it was determined that there are no former mine sites or abandoned pits and quarries on or adjacent to the subject site. Section 4.0 Review of Development Applications Section 4 of the Official Plan outlines the policies the City of Ottawa uses to review development applications in order to meet the objectives contained in this Plan. The extent to which these requirements apply varies depending on the location, land-use designation and nature of the application. The following studies and plans were identified by the City to support this application as a result of the Pre-Application Consultation Meeting held on October 17, 2013: Servicing Options Report; Groundwater Impact Study; Stormwater Management Brief (Erosion and Sediment Control Brief); Transportation Impact Study; Concept Plan; Landscape Concept Plan; Planning Rationale including Impact Assessment of Adjacent Disposal/Former Landfill Site and Mine Hazard Study/Abandon Pit or Quarry Study; Archaeological Resource Assessment; Environmental Impact Study; and Tree Conservation Report. Additional studies will be undertaken through the Environmental Compliance Approvals process. The findings of the required plans and studies have been summarized in Section 6.0 of this report. Section 4.11 Urban Design and Compatibility The City generally tests the impact and compatibility of proposed applications using the policies outlined in Section 4.11 of the Official Plan (2003). This proposal has been assessed against the criteria outlined in Policy 2 of Section 4.11 and found to conform 19

22 to these criteria. An overview of how the development application meets each of the relevant criteria in Section is provided below. a. Traffic: A Transportation Impact Study has been provided in support of the application that demonstrates that Carp Road can adequately serve the development. Carp Road is designated as an Arterial Road on Schedule G of the Official Plan. b. Vehicular Access: A Transportation Impact Study has been provided in support of the proposed development which addresses the site access. The new landfill site entrance will be located off Carp Road, approximately 640 m south of Richardson Side Road. The entrance roadway leading to the scale facility is approximately 400 m long and will provide truck queuing to avoid any back up on Carp Road. The entrance to the existing WM facility was deemed not ideal due to poor sight lines along Carp Road to the north, and close proximity to entrances of industrial operations on the east side of Carp Road. The proposed entrance location improves sight lines to the north, maintains adequate separation from the intersection of Richardson Side Road and Carp Road, and increases distance from the intersection of Carp Road and Highway 417. In addition, road modifications are proposed at the new entrance to ensure safe and efficient vehicle movements. c. Parking requirements: The existing parking (77 spaces) provides sufficient onsite parking, in accordance with the Zoning By-law. The existing parking is located next to the proposed administration Office and equipment maintenance building. f. Lighting: Lighting will be addressed as part of the Site Plan Control Application. g. Noise & Air Quality: A Noise Study was prepared in support of the EA which found that the predicted sound levels at 24 specified receptors would be less than 55 dba (MOE Noise Guideline for Landfills) or within 3 db of the background noise levels. Mitigation measures are proposed to address noise concerns, including maintenance to keep haul trucks and construction trucks in good working conditions, noise Best Management Practices to minimize the potential for noise levels in excess during normal operations, and efficient traffic flow of on-site vehicles to ensure that vehicles are moving and are not sitting idle for prolonged periods of time. An Air Quality Existing Conditions Report was prepared in support of the Environmental Assessment which reviewed combustion emissions, including oxides of nitrogen and carbon monoxide and particulate emissions. The predicted concentrations for combustion emissions were predicted to be within compliance at all 24 specified receptors identified in the Air Quality existing conditions report for both nitrogen oxides and carbon monoxide. Mitigation measures and Best Management Practices will be put in place to control emissions for the vehicles entering the site. 5.3 CARP ROAD CORRIDOR COMMUNITY DESIGN PLAN The Carp Road Corridor encompasses a significant rural employment area located along Carp Road between Carp and Stittsville. The purpose of the Community Design Plan (CDP) is to establish a community-wide land use framework that reflects the principles, objectives and policies for community development as directed by the 20

23 Official Plan. The CDP is not adopted as a secondary plan in the Official Plan. The CDP is intended to provide more detailed land use categories for the lands designated Carp Road Corridor Rural Employment Area in the Official Plan. These land use categories are intended to provide guidance as to the types of development that should occur in the future within the Carp Road Corridor. The key objectives of the CDP are set out in Section 1.4 as follows: To promote the Carp Road Corridor as a rural employment area which is an attractive base for a wide range of industrial and commercial uses; To enhance the visual appearance of the corridor and maintain the rural landscape; To provide a plan that ensures that future land uses are compatible and the Corridor continues to be an area where people work, live and play and enjoy a rural lifestyle; To ensure that servicing in the corridor is adequate and meets the needs for the future; To ensure that Carp Road continues to function as a major arterial road that provides easy accessibility to Highway 417 and the Carp Airport and businesses in the Corridor; and To protect and enhance natural features. As shown on Figure 7, the subject lands are located within the south-west portion of the Carp Road Corridor Community Design Plan (CDP). A number of land use categories apply to the Subject Lands including Light Industrial Area, Heavy Industrial Area, and Sand and Gravel Resource Area (overlay). The northern half of the subject lands are designated Light Industrial Area while the southern portion of the site is designated Heavy Industrial Area. The Sand and Gravel Resource Area overlay is consistent with the Sand and Gravel Resource Area designation in Official Plan. A Solid Waste Disposal designation is applied to the existing waste disposal facility to the south of the lands to be rezoned for a new landfill footprint. 21

24 Subject Site Figure 7 Carp Road Corridor CDP (Schedule 1) Section 2.11 Solid Waste Disposal Site Solid waste disposal sites play an important role in the community by supporting the community s waste diversion and solid waste disposal needs. The CDP notes that the existing WM site is a major land use in the corridor and that any expansion to the site must be evaluated in accordance with the policies in the Official Plan. Thus, the CDP anticipated an expansion to the existing solid waste facility. The only policy for this land use designation is copied below: 1. The policies for Solid Waste Disposal Sites in the Ottawa Official Plan (Section 3.8) shall apply. The proposed landfill expansion is consistent with the policy of the Solid Waste Disposal Site land use designation for the following reasons: The existing Solid Waste Disposal Site is designated on Schedule A of the Official Plan; The proposed landfill expansion on the lands to be rezoned is subject to an approved EA completed under the Environmental Assessment Act. 22

25 Section 2.4 Heavy Industrial Area Zoning By-law Amendment Waste Management of Canada May 2014 The southern portion of the lands to be rezoned are designated Heavy Industrial Area in the Carp Road Corridor CDP. Heavy industrial uses by their nature include those that generate noise, fumes, odours, vibration and are hazardous and obnoxious. The CDP identifies the area adjacent to the solid waste disposal site, and the quarry north of Highway 417 as areas that are appropriate/ compatible for heavy industrial uses. The policies for this land use designation are copied below: 1. The uses permitted include heavy industrial uses involving the manufacturing of products from local primary materials, quarry, abattoirs, salvage yards, sawmills. 2. The uses permitted should be appropriately located and well designed so as to minimize nuisance or interference with existing or proposed uses of adjoining lands. Measures such as landscaping, screening, and buffering will be used to reduce the impact of industrial uses on adjacent properties. The proposed landfill expansion is consistent with the policies of the Heavy Industrial Area designation for the following reasons: Solid Waste Disposal Sites are consistent with the definition of a heavy industrial use; The expansion is well located since it is proposed directly north of the existing landfill; Significant landscaping along Carp Road is proposed to screen and buffer the development. Section Light Industrial Area The northern portion of the lands to be rezoned are designated Light Industrial Area in the Carp Road Corridor CDP. The approach recommended in the CDP is to concentrate industrial development within Industrial/Business Parks and provide additional future expansion lands adjacent or in close proximity to the existing parks. The uses in these parks are light industrial in nature with construction, manufacturing, transportation and warehousing, professional, scientific, and technical services being the dominant groups. The policies for this land use designation are copied below: 1. The uses permitted may include light manufacturing plants, distribution, recycling and assembly plants, warehouses, service and repair shops, research, design and testing facilities, storage uses, transportation depots, contractor or construction related uses, compatible public and institutional uses. 2. The uses permitted should be appropriately located and well designed so as to minimize nuisance or interference with existing or proposed uses of adjoining lands. Measures such as landscaping screening, buffing shall be used to reduce the impact of industrial uses on adjacent properties. 23

26 3. Development should take place by way of plan of subdivision in industrial parks. The proposed landfill expansion is consistent with the policies of the Light Industrial Area designation for the following reasons: The nature of the proposed development requires a larger area of heavy industrial land than envisioned in the CDP; The large-scale nature of the development is not suitable for development by way of plan of subdivision or within an industrial park; The CDP anticipates the expansion of the landfill, however the exact location and size of the expansion was unknown at that time; There are remaining Light Industrial lands to the north of the lands to be rezoned to allow a suitable transition of uses; The remaining light industrial lands to the north are adequate in size to permit a future industrial park as intended by the CDP, if desirable; The CDP is not adopted as a secondary plan in the Official Plan and the land use categories are intended to provide guidance for future land uses; The licence for the pit has been surrendered to the MNR. Section Design Guidelines The CDP notes that the Carp Road Corridor is an important employment area. Carp Road has a number of distinct land use types that warrant different measures/ guidelines regarding visual appearance. Measures such as relocating parking and storage from the front yards of buildings, providing landscaping and screening can create a visually pleasing environment. The CDP recognizes that Industrial development will occur primarily in industrial/business parks but will also occur on individual sites as in the case with the lands to be rezoned. Thus the guidelines are intended to apply to individual sites as well as industrial parks. The proposed measures in the CDP are presented below from Section 7 of the CDP. The following measures should be encouraged to improve the industrial areas: 1. Limit access to Carp Road. Internal roads to the subdivision should provide access to Carp Road. The existing access will be closed in favour of a new access to the proposed landfill expansion site. The proposed entrance location improves sight lines to the north, maintains adequate separation from the intersection of Richardson Side Road and Carp Road, and increases distance from the intersection of Carp Road and Highway Locate parking at the rear or side of buildings. Where this is not possible and parking is required at the front or side of the building a greater setback from the property line should be required to permit planting to mitigate the effects of the parking area (e.g. parking screened from view). Parking is currently provided at the rear and side of the Laurysen buildings on the subject property. No new parking spaces are being proposed as part of this application. 24

27 3. Locate storage and service areas at the rear of buildings except on sites where the property backs onto Carp Road or the main entry road. Current storage and service areas are located at the rear of the existing buildings and no new storages buildings are being provided as part of this development. Landscaping will be provided along Carp Road to provide buffering of the service areas. 4. Site buildings fronting on Carp Road to face, front and feature the road corridor (entry roads and all local roads). No new buildings are being proposed that will front onto the Carp Road corridor. 11. Provide for turning lanes where warranted. Turning lanes will be required where warranted and are detailed in the Transportation Impact Study. Measures 5 to 10 relate to landscaping on the site. The measures are listed and then discussed below. 5. Preserve as many trees as possible on the site. 6. Compensate for removal of existing trees by extensive planting in the open space corridor, entry features gateways and on-site landscape areas. 7. Plant trees along the corridor an informal mix of trees and shrubs is preferable, with more coniferous than deciduous species. 8. Provide landscaping at the front of buildings. 9. Use landscaping, decorative fences to screen unsightly uses. 10. Create entry feature ( gateways ) for new subdivisions/parks. This should include a sign and landscaping with the name of the development and the park occupants and enhanced lighting for visibility at night. During the environmental assessment there were a number of aspects discussed which were handled under independent impact assessment studies. While these elements were studied separately and at first glance appear unrelated, they all have influence on the manner in which the landscape design of the site will develop. These other elements include: 1. Atmospheric Particulate Matter 2. Environmental Noise 3. Surface Water 4. Biology (Aquatic and Terrestrial) 5. Land Use 6. Socio-Economic The following examines each of the above-mentioned elements and describes the manner in which the proposed landscape design is influenced by and/or responds to the potential conflict created. Atmospheric Particulate Matter Particulate matter will be created by the operation due to wind erosion of exposed earth and emissions generated by vehicles. All these particulates will settle out of the 25

28 air on the surrounding lands at various distances from the source (dependant on various criteria and influences). The proposed landscape design incorporates new vegetation at various locations around the site which will serve to the particulates in the air by either physical contact or by disruption of air flows. The vegetation will hold these particulates on its foliage until precipitation washes them off returning the particulates to the ground surface. Environmental Noise The operation of the landfill site will generate noise. While there are mitigation measures such as modification to equipment and reduced operation hours to reduce the levels of noise generated, the implementation of vegetative buffers can offer both an audible and a psychological improvement. The proposed landscape design incorporates new vegetation growth along the immediate perimeter of the operation area. In some areas, the width and density of the vegetation will be sufficient to reduce the decibel readings. In other areas, where the buffers are smaller, the perceived noise level will be reduced. Surface Water Surface runoff will be increased by the operation as the landfill landform is capped reducing the ability of the site as a whole to absorb moisture into the underlying earth. Also, the steepness of the slopes associated with the landform will increase runoff erosion. Vegetation is used to stabilize the ground to reduce the impacts of surface water flows and falling precipitation. The proposed landscape design incorporates vegetative growth in the form of grasses, shrubs, and trees to create a protective cover on exposed areas around the perimeter of the operation. Biology (Aquatic and Terrestrial) The site is home to a number of wildlife and vegetation species. The habitat for them will be reduced or lost as a result of this expansion occurring forcing the occupants to move elsewhere if the landscape composition were not considered and provisions not made for them. The proposed landscape design incorporates many initiatives that address the issues associated with this landfill expansion. By introducing additional vegetation in various conditions such as grasslands, shrub thickets, moist depressions, and woodlots, there will be compensation for the loss of vegetation as well as a provision of new habitat for the resident wildlife. The design will respond to the isolation of wooded areas and establish linkages for wildlife movement in and around the site in relative safety. The proposed landscape design is focused on monitoring a rural character for the corridor. Further to this, the landscape concept incorporates significant amounts of vegetation and other landscape elements across the east end of the site to satisfy a number of requirements including, the creation of a corporate identity for the site, the screening of the landfill operation and other unsightly views from the road, and the supplementing of existing trees with new vegetation to create a well treed rural landscape. Finally, there are locations around the site from which visual access is open and unimpeded. From these locations the public will be subjected to the daily operations and the unsightly views associated. As noted earlier, this visual access will have a negative impact on the viewer and will detract from the adjacent more aesthetically pleasing rural views. The Environmental Impact Study revealed that there are three 26

29 specific points around the site where visual access to the site is open and unimpeded including: a 300 metre section along William Mooney Rd; a 200 metre section along Richardson Side Rd; and a section along Carp Rd at the southeast corner of the site. It was also revealed that along Carp Road and further to the east there are various levels of visual access to the site due to the distribution and density of existing vegetation present along the east end of the site. Areas further to the east have the ability to see the top portion of the landform as it develops and grows in height above the canopy of the existing trees growing along the east end of the site. The proposed landscape design addresses these points of open visual access by implementing dense vegetation plantings to close-off direct visual access to the site from any adjacent property. Along the east end of the site, the landscape design will minimize any view of the landfill form from the Carp Road corridor. In an effort to reduce the visual starkness of the landform upon completion and integrate it with the surrounding landscape, the proposed landscape design will incorporate a vegetation treatment along the east slope. Guidelines to Ensure Compatibility with Residences Section 8 of the Community Design Plan addresses land use compatibility with residences and states that where a residential use backs directly onto future development lands it is important to ensure that future development does not adversely affect the use of the property. There is only one residential property that directly abuts the lands to be rezoned and this property is optioned by WM. Regardless, the landscape concept proposed significant landscape buffering to mitigate unsightly and noise-generating elements. 5.4 CITY OF OTTAWA ZONING BY-LAW ( ) The proposed uses on the lands to be rezoned are defined in the Ottawa Comprehensive Zoning By-law ( ) as follows: Solid Waste Disposal Facility means a facility providing for the longterm storage or destruction of municipal solid waste, and includes a landfill site or an incinerator. Waste processing and transfer facility 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. The existing WM waste facility to the south is zoned various RH Exception Zones. The Exception Zones generally permit a leaf and yard waste composting facility, a solid waste disposal facility and a waste processing and transfer facility. As shown in Figure 8, the lands to be rezoned are currently zoned: Rural Heavy Industrial Zone - (RH); Rural Heavy Industrial Zone Subzone 4 - (RH4); General Industrial Zone, Subzone 5, Rural Exception Zone [275r], Holding Provision - (RG[275r]H-h; and Mineral Extraction Zone Subzone 2 - (ME2). 27

30 This application seeks to establish an RH Exception Zone for the lands to be rezoned. The purpose of the RH Zone, permitted uses and provisions are outlined in Sections 221 and 222 of the Zoning By-law. The proposed RH Exception Zone will permit a solid waste disposal facility in addition to the currently permitted waste processing and transfer facility and other heavy industrial uses. Currently a solid waste disposal facility is not permitted in any zone, therefore only by a site specific zoning can this use be permitted. The subject lands and development proposal comply with all the RH Zone provisions. The permitted uses and provisions of the RH Zone in the Ottawa Zoning By-law are outlined below. Figure 8 Site and Surrounding Area Zoning 28