3. EXTENSION OF THE CUMBERLAND rh INTERIM CONTROL BY LAW -
WASTE PROCESSING AND TRANSFER FACILITIES IN FORMER CUMBERLAND

PROLONGATION DE LA DURÉE DU Règlement de restriction provisoire des zones RH de Cumberland – INSTALLATIONS DE TRAITEMENT ET DE TRANSFERT DES DÉCHETS SUR LE TERRITOIRE DE L’ANCIENNE VILLE DE CUMBERLAND

COMMITTEE RECOMMENDATION

That Council approve an amendment to Interim Control By-law 2010-258, as amended by 2010-277, and known as the Cumberland RH Interim Control By-law, to extend the date of the said by-law to May 25, 2011 in order to permit the completion of the interim control study on waste processing and transfer facilities in Cumberland.

RECOMMANDATION DU COMITÉ

Que le Conseil approuve une modification au Règlement de restriction provisoire 2010-258, modifié par le Règlement 2010-277 et intitulé Règlement de restriction provisoire des zones RH de Cumberland, dans le but de repousser la date d’expiration de ce règlement au 25 mai 2011, de façon à permettre l’achèvement de l’étude sur la restriction provisoire visant les installations de traitement et de transfert des déchets à Cumberland.

Documentation

1. Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 13 January 2011 (ACS2011-ICS-PGM-0047).

2. Extract of Draft Minutes, Agriculture and Rural Affairs Committee meeting of 10 February 2011.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

13 January 2011 / le 13 janvier 2011

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager,

Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d’infrastructure et Viabilité des collectivités

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) 580-2424 x22653, Richard.Kilstrom@ottawa.ca

Cumberland (19)

Ref N°: ACS2011-ICS-PGM-0047

SUBJECT:	EXTENSION OF THE CUMBERLAND rh INTERIM CONTROL BY‑LAW - WASTE PROCESSING AND TRANSFER FACILITIES IN FORMER CUMBERLAND
OBJET :	PROLONGATION DE LA DURÉE DU Règlement de restriction provisoire des zones RH de Cumberland – INSTALLATIONS DE TRAITEMENT ET DE TRANSFERT DES DÉCHETS SUR LE TERRITOIRE DE L’ANCIENNE VILLE DE CUMBERLAND

REPORT RECOMMENDATION

That Agriculture and Rural Affairs Committee recommend that Council approve an amendment to Interim Control By-law 2010-258, as amended by 2010-277, and known as the Cumberland RH Interim Control By-law, to extend the date of the said by-law to May 25, 2011 in order to permit the completion of the interim control study on waste processing and transfer facilities in Cumberland.

RECOMMANDATION DU RAPPORT

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de restriction provisoire 2010-258, modifié par le Règlement 2010-277 et intitulé Règlement de restriction provisoire des zones RH de Cumberland, dans le but de repousser la date d’expiration de ce règlement au 25 mai 2011, de façon à permettre l’achèvement de l’étude sur la restriction provisoire visant les installations de traitement et de transfert des déchets à Cumberland.

BACKGROUND

On August 25, 2010, City Council passed an Interim Control By-law to prohibit the establishment of new waste processing and transfer facilities on all lands within the former Township of Cumberland currently zoned Rural Heavy Industrial (RH), including subzones and exception zones. The intent is to respond to community concerns regarding the creation and operation of this use. Pursuant to the Ontario Planning Act, Interim Control By-law 2010-277 is to expire on March 15, 2011.

DISCUSSION

The Ontario Planning Act permits municipal Councils to adopt interim control by-laws to prohibit a specific land use for a period of one year from the passage of the by-law in order to complete a study and adopt any amending by-laws that emerge from the study’s recommendations. The Act also authorizes Councils to extend an interim control by-law for a period of one additional year if such an extension can be justified and it can be shown that the study is making progress. There may be no further extensions, and once an interim control by‑law lapses, a municipality is prohibited under the Act from enacting another interim control by‑law affecting the same lands for a period of three years, or in this case, any lands zoned Rural Heavy Industrial (RH) in former Cumberland under Zoning By-law 2008-250. Therefore, it is essential that the by-law be extended before it lapses, so that the study may be completed while continuing to prohibit the development of any new or addition to an existing, waste processing and transfer facility.

In this instance, it was recommended by Agriculture and Rural Affairs Committee to Council that a shorter, eight month limit be applied to the interim control by-law, resulting in a deadline of both study recommendations, and any implementing zoning by-law, to be adopted by Council by March 15, 2011. The reason for the shortened time length was in recognition of the fact that the use was permitted on all of the lands zoned RH. Also, the owner of Carl’s Sanitary Services, a current limited waste collection and processing facility located at 5001 Herbert Drive, had applied to the Ministry of the Environment for the Certificates of Approval necessary in order to create and operate a waste processing and transfer facility, which would deal with both putresible, and non-putresible waste. The site would also function as a transfer facility, where no refuse, other than non–putresible, such as wood and steel, would be stored outdoors in bunkers, and where waste would be transferred off-site within 24 hours.

Unfortunately, due to a number of circumstances, there has been a delay in the progress of the study. Further, given the topic of this study, and the number of landowners who made written submissions to the Ministry of the Environment in the summer of 2010, a reasonable amount of time must be given for public input prior to proceeding to Committee with a completed study.

Although some progress has been made, the Department does not expect that it will be completed before the Interim Control By-law is to expire. To date, staff has created a webpage on the City’s website, has finished the research and analysis phase, met with the Ward Councillor and land developer of 5501 Herbert Drive, and is focussing on the public consultation phase of the study.

A webpage was created in December 2010. Bilingual flyers were created that indicate a study is underway to determine whether, and under what circumstances, the use should be permitted. These flyers have been sent to all those who own lands zoned RH, have been placed in publicly accessible, frequently-visited sites in and around Vars, Navan, Bearbrook and Notre-Dame-des-Champs, and have been sent to all those who live within 500 metres of the proposed 5501 Herbert Drive site. The Community Associations have also been advised of the study.

It is expected that the study will be completed by the end of April 2011, with a report proceeding to ARAC at that time, and any subsequent implementing zoning by-law to be before Council in May 2011. This slight delay was discussed with both the Ward Councillor and the developer, and it was agreed that sufficient time for public input must be given prior to any final zoning strategy and implementation. The proposed extension of the interim control by-law will affect the developer of 5501 Herbert Drive from obtaining Ministry of Environment approval, and thus affect slightly his development plans for the site. The Ministry of Environment has indicated that it is postponing its approval process until the City has finished its interim control study. No other RH-zoned sites have impending plans to create a waste processing and transfer facility, and therefore are not immediately affected by the extension.

RURAL IMPLICATIONS

There are no rural implications with this report.

CONSULTATION

All those with a general or specific interest in this study have been notified of the undertaking of the study, with a request for comments. Those owners of lands zoned RH in former Cumberland, the Ministry of Environment, the Ministry of Municipal Affairs and Housing, and Community Associations will be sent a copy of this report, and the webpage will be updated to incorporate the recommended extension of the by-law. The owner of 5501 Herbert has been advised of this recommended extension and has no objection.

It must be noted that this report before Committee is only to request a minor extension to the length of time that the interim control by-law will be in effect, and does not deal with the merits or otherwise of any proposed development of waste processing or transfer facilities.

COMMENTS BY THE WARD COUNCILLOR(S)

The Ward Councillor is aware of the report.

LEGAL/RISK MANAGEMENT IMPLICATIONS

An interim control by-law can be extended to a maximum of two years from the date of its first enactment. The extension is subject to appeal.

CITY STRATEGIC PLAN

N/A

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

There are no financial implications associated with this study.

SUPPORTING DOCUMENTATION

Document 1 Location Maps of lands zoned RH in former Cumberland

DISPOSITION

Planning and Growth Management Department to prepare the implementing by-law and forward it to Legal Services who will then forward the by-law to City Council.

LOCATION MAPS OF LANDS ZONED RH IN

FORMER CUMBERLAND DOCUMENT 1

EXTENSION OF THE CUMBERLAND RH INTERIM CONTROL BY LAW - WASTE PROCESSING AND TRANSFER FACILITIES IN FORMER CUMBERLAND

PROLONGATION DE LA DURÉE DU RÈGLEMENT DE RESTRICTION PROVISOIRE DES ZONES RH DE CUMBERLAND – INSTALLATIONS DE TRAITEMENT ET DE TRANSFERT DES DÉCHETS SUR LE TERRITOIRE DE L’ANCIENNE VILLE DE CUMBERLAND

ACS2011-ICS-PGM-0047 CUMBERLAND (19)

Ms. Elizabeth Desmarais, Planner II, Community Design and Environment, Land Use and Natural Systems Unit, Policy Development and Urban Design Branch, Planning and Growth Management, Infrastructure Services and Community Sustainability, spoke to a PowerPoint presentation (held on file with the City Clerk) which served to provide the Committee with a brief outline of the staff report.

Chair Thompson clarified for all present that the Committee was not being asked to make any decisions regarding the above, other than to approve an extension to provide staff with additional time to complete a study. Ms. Desmarais confirmed this, and in response to questions from Councillor Qadri regarding the nature of public consultation to date, she explained that flyers had been distributed to affected lands within certain distances of the proposed subject area, along with letters to individual landowners. Staff were also dealing with various members of the public on an individual basis. Ms. Desmarais also confirmed that when dealing with Interim Control By-Laws (ICBL), in order to complete the consultation phase, staff establish a preliminary zoning strategy for public comment prior to completing a final report, hence the reason for the request to extend the study period, following which time, a full report will return for Committee’s consideration.

Noting there were a number of speakers who wished to address the Committee over their concerns regarding this item, Chair Thompson advised, as confirmed by City Legal staff, that speakers could only speak to the merits of the issue of the extension, and could not provide comment on the project itself, further advising that the opportunity to comment on the actual project would be within the requested extension period.

Mr. Rob Manning said he had taken exception to the request for extension after he, but not his neighbours, had received notification which included a map that he felt was too small to provide adequate detail. When provided with a more detailed map, Mr. Manning said he expressed concern that his, and another’s, residential property had seemingly been included in the study area, and he requested their exclusion.

Chair Thompson said there was value in approving the extension to allow such matters to be reviewed with staff. Ms. Desmarais offered that staff would be happy to meet with Mr. Manning during such time to address his concerns. Mr. Manning felt this would suit.

Mr. John Normoyle, although registered (by fax) to speak in opposition, was not present, and had provided no further written comment.

Mr. René and Ms. Rachel Tessier, René Steel Inc., also expressed concern with the ICBL itself, rather than the issue of the extension. Chair Thompson suggested, and the Tessiers agreed, that they too meet with staff to have their concerns noted for further review.

There being no further presentations or discussion, the Committee approved the report recommendation as presented.

That Agriculture and Rural Affairs Committee recommend that Council approve an amendment to Interim Control By-law 2010-258, as amended by 2010-277, and known as the Cumberland RH Interim Control By-law, to extend the date of the said by-law to May 25, 2011 in order to permit the completion of the interim control study on waste processing and transfer facilities in Cumberland.

CARRIED