6.                   former Cumberland interim control study and zoning by-law amendment – waste processing and transfer facilities

 

ÉTUDE SUR LA RESTRICTION PROVISOIRE DANS L’ANCIEN SECTEUR DE cUMBERLAND ET MODIFICATION AU RÈGLEMENT DE ZONAGE – Installations de traitement et de transfert des déchets

 

 

COMMITTEE RECOMMENDATIONS AS AMENDED

 

That Council approve that a Zoning By-law Amendment be adopted that creates a set of General Provisions applicable to waste processing and transfer facilities, and that these regulations have general applicability throughout the Rural Area of the City, as amended by the following:

 

1.   That Clause 1 of Document 3 – Details of Recommended Zoning be deferred and brought forward to Committee at a later date.

 

2.   That Document 3 – Details of Recommended Zoning, Clause 2 be modified as follows:

                       

A)  Amend Part III, Specific Use Provisions, to add a new Section 95: Waste Processing and Transfer Facilities and to add the following:

 

Section 95 - Waste Processing and Transfer Facilities in the Rural Area

 

(1)  The following applies to Waste Processing and Transfer Facilities in the area shown on Schedule xxx:

(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 a principal building on a lot zoned Rural Residential (RR), Rural Countryside (RU), Village Residential (V1, V2, V3), Village Mixed Use (VM), Rural Minor Institutional (RI1) and Rural Major Institutional (RI2);

(d)  minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and a principal building on a residentially-zoned or institutionally-zoned lot located within Area C of Schedule 1,

(e)  New development 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 non-complying 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) the 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

(i)   the 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. 

(j)   In Rural Heavy Industrial (RH) Zones in the area as shown on Schedule xxx the following terms and definitions replace the term ‘waste processing and transfer facility:

 

      Waste processing and transfer facility (non-putresible) means a facility where non-putresible waste is sorted, processed and temporarily stored prior to transfer off site and may include a recycling operation.

     

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.

 

(k)  On lands zoned RG in the area shown on Schedule xxx this section applies to ‘waste processing and transfer facility (non-putrescible).

(l)   On lands zoned RH in the area shown on Schedule xxx this section applies to ‘waste processing and transfer facility (non-putrescible)’ and ‘waste processing and transfer facility (putrescible)’

(m)            On lands zoned Rural Heavy Industrial (RH) Zone a minimum lot area of 2        ha is required in the case of a waste processing and transfer facility (putrescible).

(n) 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

(o)  outdoor storage of putrescible waste is prohibited.”

 

B)  Amend the Zoning Map to delete the exceptions [27r] and [29r] from the lands known as 5001 Herbert Drive.

 

C)  Amend Section 17 - Schedules of By-law No. 2008-250 to add a new schedule that shows the rural areas of old Cumberland that where subject to the original Interim Control By-law, to be noted as Schedule xxx;

           

3.   That Committee direct staff to come back to Committee with this item again with requisite public notice for the balance of the rural area;

 

4.   That wherever reference is made, in the Report and Documents attached thereto, to the lands identified as “307 Entrepreneur Crescent”, such address is incorrect and should be changed to “336 Entrepreneur Crescent”; and,

 

That no further notice be provided pursuant to Section 34(17) of the Planning Act.

 

 

RECOMMANDATIONS MODIFIÉES DU COMITÉ

 

Que le Conseil adopte une modification au règlement de zonage qui crée un ensemble de dispositions générales applicables aux installations de traitement et de transfert des déchets et que ces règlements soient généralement applicables dans l’ensemble de la zone rurale de la Ville, sous réserve des modifications suivantes :

 

1.   Que la clause 1 du Document 3 – Détails du zonage recommandé –  soit renvoyée et présentée devant le Comité à une date ultérieure.

 

2.   Que la clause 2 du Document 3 – Détails du zonage recommandé – soit modifiée comme suit :

                       

A)  Modifier la Partie III, Dispositions particulières en matière d’utilisation, afin d’ajouter une nouvelle section 95 : Installations de traitement et de transfert des déchets et afin d’ajouter ce qui suit :

 

Section 95 – Installations de traitement et de transfert des déchets dans la zone rurale

 

(1)  Les alinéas suivants s’appliquent aux Installations de traitement et de transfert des déchets dans la zone illustrée dans l’annexe xxx :

a)   une installation de traitement et de transfert des déchets (putrescibles) est seulement permise dans les zones RH;

b)   superficie minimale de lot pour l’installation de traitement et de transfert des déchets (putrescible) : 2 ha;

c)   une distance minimale de séparation de 300 mètres est requise entre un bâtiment contenant une installation de traitement et de transfert des déchets (putrescibles) et un immeuble principal situé sur un terrain zoné résidentiel rural (RR), espace rural (RU), résidentiel de village (V1, V2, V3), utilisations polyvalentes de village (VM), de petites institutions rurales (RI1) et de grandes institutions rurales (RI2);

d)   une distance minimale de séparation de 300 mètres est requise entre un bâtiment contenant une installation de traitement et de transfert des déchets (putrescibles) et un immeuble principal situé sur un terrain zoné résidentiel ou institutionnel à l’intérieur de la zone C de l’annexe 1;

e)   les nouveaux aménagements à proximité des installations de traitement et de transfert des déchets (putrescibles) doivent également respecter la distance minimale de séparation;

f)    malgré la distance minimale de séparation, l’aménagement d’une nouvelle habitation sur un lot zoné résidentiel, ou d’un immeuble institutionnel sur un autre lot n’entraîne pas la non-conformité d’une installation de traitement et de transfert des déchets;

g)   les installations de traitement et de transfert des déchets (putrescibles) et les installations de traitement et de transfert des déchets (non putrescibles) doivent obligatoirement avoir un accès direct à un parcours désigné pour camions ou avoir directement accès à un lotissement zoné industriel RG ou RH;

h)   l’aménagement d’une installation de traitement et de transfert des déchets (putrescibles) ou d’une installation de traitement et de transfert des déchets (non putrescibles) ne doit pas entraîner la circulation de camions dans un village;

i)    une installation de traitement et de transfert des déchets (putrescibles) ou une installation de traitement et de transfert des déchets (non putrescibles ne doit pas être aménagée sans l’approbation du ministère de l’Environnement; 

j)    Dans les zones rurales d’industrie lourde (RH) dans la section illustrée à l’annexe xxx, les expressions et les définitions suivantes remplacent l’expression « installation de traitement et de transfert des déchets » :

 

      Installation de traitement et de transfert des déchets (non putrescibles) désigne une installation où les déchets non putrescibles sont triés, traités et stockés temporairement avant de les transférer hors site et peut inclure une activité de recyclage.

     

Installation de traitement et de transfert des déchets (putrescibles) désigne une installation où les déchets putrescibles et non putrescibles sont triés, traités et stockés temporairement avant de les transférer hors site et peut inclure une installation séparée de traitement et de stockage des déchets biologiques et des biosolides;

 

k)   Sur les terrains zonés RG dans la section illustrée à l’annexe xxx, le présent alinéa s’applique à « installation de traitement et de transfert des déchets (non putrescibles);

l)    Sur les terrains zonés RH dans la section illustrée à l’annexe xxx, le présent alinéa s’applique à « installation de traitement et de transfert des déchets (non putrescibles) » et à « installation de traitement et de transfert des déchets (putrescibles) »;

m)  Sur les terrains de zones rurales d’industrie lourde (RH), une superficie minimale de lot de 2 ha est requise dans le cas d’une installation de traitement et de transfert des déchets (putrescibles);

n)   une installation de traitement et de transfert des déchets (putrescibles) et une installation de traitement et de transfert des déchets (non putrescibles) ne doivent pas servir d’installation d’élimination de déchets solides;

o)   le stockage des déchets putrescibles à l’extérieur est interdit. »

 

B)  Modifier la carte de zonage afin de supprimer les exceptions [27r] et [29r] des terrains connus sous 5001, promenade Herbert.

 

C)  Modifier l’article 17 – Annexes du Règlement 2008-250 – afin d’ajouter une nouvelle annexe qui illustre les zones rurales de l’ancienne municipalité de  Cumberland qui étaient assujetties au Règlement original sur la restriction provisoire, qui sera connue sous annexe xxx;

           

3.   Que le Comité charge le personnel de revenir au Comité avec ce point accompagné d’un avis public nécessaire pour l’équilibre de la zone rurale;

 

4.   Que tous les renvois aux terrains désignés sous « 307, croissant Entrepreneur » dans le rapport et les documents ci-joints soient considérés comme portant la mauvaise adresse et l’adresse doit être modifiée à « 336, croissant Entrepreneur »; et

 

Qu’aucun autre avis ne soit donné aux termes du paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

 

 

 

 

 

Documentation

 

1.                  Deputy City Manager’s Report, Infrastructure Services and Community Sustainability, dated 29 April 2011 (ACS2011-ICS-PGM-0104).

 

2.                  Extract of Draft Minutes, 12 May 2011 (follows French version of this report).

 

Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité de l’agriculture et des affaires rurales

and Council / et au Conseil

 

29 April 2011 / le 29 avril 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°: ACS-ICS-PGM-0104

 

 

SUBJECT:

former Cumberland interim control study and zoning by-law amendment – waste processing and transfer facilities

 

 

OBJET :

ÉTUDE SUR LA RESTRICTION PROVISOIRE DANS L’ANCIEN SECTEUR DE cUMBERLAND ET MODIFICATION AU RÈGLEMENT DE ZONAGE – Installations de traitement et de transfert des déchets

 

 

REPORT RECOMMENDATION

 

That the Agriculture and Rural Affairs Committee recommend to Council that a Zoning By-law Amendment be adopted that creates a set of General Provisions applicable to waste processing and transfer facilities, and that these regulations have general applicability throughout the Rural Area of the City.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’agriculture et des affaires rurales recommande au conseil d’adopter une modification au règlement de zonage pour créer un ensemble de dispositions générales applicables aux installations de traitement ou de transfert des déchets et que ces règlements soient généralement applicables dans l’ensemble de la zone rurale de la Ville.

 

 

EXECUTIVE SUMMARY

 

Assumptions and Analysis:

 

This study, and resultant recommended zoning strategy, was undertaken as required by the Planning Act, further to the imposition by Council of Interim Control (IC) By-law 2010-258, as amended by By-law 2010-277. The effect of the interim control by-law is that it prohibits any new, or any 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 has been undertaken. Document 1 includes the maps that identify all affected lands. On February 23, 2011, Council approved an extension to the interim control by-law to May 25, 2011 to allow for public consultation. Comments were received both for and against the draft zoning approach and have been considered in the drafting of this report.  The comments, along with the staff response, are detailed in Document 4.

 

This seeks approval of a series of regulations regulating waste processing and transfer facilities in the Rural Area.  The recommended regulations are as follows:

 

·         Non-putrescible waste processing and transfer facilities continue to be permitted in both the Rural General Industrial (RG) and Rural Heavy Industrial (RH) Zones;

·         Putrescible waste processing and transfer facilities continue to be permitted and restricted to the Rural Heavy Industrial (RH) Zone only;

·         Putrescible waste and processing facilities will only be permitted on RH-zoned lots with a minimum lot area of two hectares;

·         A minimum separation distance of 300 metres be introduced and required between a building containing the putrescible waste processing and transfer facility and a principal building on a residentially-zoned (RR -Rural Residential, RU – Rural Countryside, V1, V2, V3- Village Residential, VM -Village Mixed Use) or institutionally-zoned (RI1-Rural Minor Institutional Zone, RI2 -Rural Major Institutional) lot, with a similar proviso where the RH-zoned lands abut residentially-zoned or institutionally-zoned lots within the urban area boundary;

·         New development in proximity to existing waste processing and transfer facilities (putrescible) must also comply with the minimum separation distance;

·         The minimum separation distance required be based on the influence area of 300 metres, as determined by the Ministry of the Environment for Class II Industrial Uses, rather than the Ministry’s minimum recommended separation distance of 70 metres, so that a larger area is captured;

·         Despite the required minimum separation distance, no waste processing and transfer facility (putrescible) is deemed to be non-complying by the subsequent erection of a residential use or institutional use building on another lot.

·         Both types of facilities 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;

·         Waste processing and transfer facilities must not result in truck traffic that necessitates travel through a Village; and

·         Waste processing and transfer facilities must not be developed without the approval of the Ministry of the Environment. 

 

These 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.

 

There are two proposed waste processing and transfer facilities in former Cumberland that are on hold pending the outcome of this study.   Based on the results of this study, the two site-specific properties - 5001 Herbert Drive, proposing a putrescible waste processing and transfer facility, and 307 Entrepreneur Crescent, proposing a non-putrescible waste processing and transfer facility - continue to be permitted to be developed with these uses, subject to the recommended General Provisions, noted above.  Those lands currently zoned Rural Heavy Industrial (RH) but with exceptions that prohibit the use, will continue to have waste processing and transfer facilities prohibited.

 

Legal/risk Management Implications

 

In the case of 307 Entrepreneur Crescent, the owner applied for both Ministry of Environment Certificate of Approval, and for the City’s approval of a site plan control application.

 

Legal non-conformity that would allow the use to be developed on each site, regardless of the implementing zoning rules, is not applicable in these cases, as a complete building permit application is the only application that initiates crystallizes entitlement to legal, non-conforming rights.

 

In the event that a Zoning By-law is not adopted by 25 May 2011, applicants will be able to move forward with projects based upon the existing zoning.

 

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.

 

Upon expiration of the interim control for this area, no new interim control by-law for any purpose may be adopted for the area for a period of three years. 

 

Technical Implications

 

N/A

 

Financial Implications:

 

There are no direct financial implications with this report.

 

Public Consultation/Input:

 

Initial notice of the passage of the interim control by-law was placed in The Ottawa Citizen and Le Devoir.  All correspondence was bilingual recognizing the francophone population of rural Cumberland.  Notices were placed in the local English and French Orleans-area newspapers at the beginning of the study.  Flyers were placed at common high-volume places such as community centres and convenience stores in Bearbrook, Navan, Vars and Notre Dames-des-Champs, announcing the passage of the interim control by-law, the nature and critical stages of the study, including the eventual availability of the draft zoning proposal for public review, prior to the formal public meeting.  

 

Individual meetings were held with the Ward Councillor, various stakeholders, and members of the public.  A webpage was created within the city's website under Public Consultation.  The web page was updated at each step in the development of the proposed approach.  A technical and public circulation of the zoning proposal was sent to area community associations, the Ward Councillor, affected landowners, as well as to those individuals and groups who requested information.  Comments received did not address the proposed General Provisions, but dealt only with the proposed development sites at 5001 Herbert Drive and 307 Entrepreneur Crescent.  Following the release of the draft zoning strategy, only one letter was received in opposition to the proposed non-putrescible waste processing and transfer facility on Entrepreneur Crescent. Many letters were received opposed to the development of a putrescible waste processing and transfer facility at 5001 Herbert Drive, although no comments were received from the Bearbrook subdivision residents or Bearbrook golf course.

 

 

RÉSUMÉ

 

Hypothèses et analyse :

 

Cette étude, et la stratégie de zonage recommandée en résultant, a été entreprise conformément aux exigences de la Loi sur l’aménagement du territoire, par suite de l’adoption par le Conseil du Règlement de restriction provisoire 2010-258, modifié par le Règlement 2010-277. Ce Règlement interdit la construction ou l’agrandissement d’installations de traitement ou de transfert des déchets sur des terres situées dans une zone d’industrie lourde rurale (zone RH), et notamment dans une sous zone ou une zone d’exception de l’ancienne municipalité de Cumberland, sans qu’une étude sur le zonage n’ait été effectuée au préalable. Le document 1 comprend les cartes qui désignent toutes les terres touchées. Le 23 février 2011, le conseil a approuvé une prolongation de la durée du Règlement de restriction provisoire jusqu’au 25 mai 2011 de manière à permettre les consultations publiques. Parmi les commentaires reçus, certains étaient favorables à la démarche proposée, tandis que d’autres étaient contre et ils ont tous été pris en compte dans l’élaboration du présent rapport. Les commentaires, ainsi que la réponse du personnel, sont présentés en détail dans le document 4.

 

Le présent rapport énonce une série de règles qui régissent les installations de traitement et de transfert de déchets en zone rurale, les règlements recommandés sont les suivants :

 

·         Les installations de traitement et de transfert de déchets non putrescibles demeurent permises dans les zones rurales d'industrie générale et d'industrie lourde (RH);

·         Les installations de traitement et de transfert de déchets putrescibles demeurent permises dans les zones rurales d'industrie lourde (RH) seulement;

·         Les installations de traitement et de transfert de déchets putrescibles ne seront permises dans les lotissements zonés RH qui ont une superficie minimale de deux hectares;

·         Une distance minimale de séparation de 300 mètres est imposée et exigée entre les bâtiments contenant des installations de traitement de déchets putrescibles et un immeuble situé sur un terrain résidentiel (zoné RR –résidentiel rural, RU – zone d’espace rural, V1, V2, V3- zone résidentielle de village, VM –zone d’utilisations polyvalentes de village) ou sur un terrain institutionnel (RI1- zone de petites institutions, RI2 - zone de grandes institutions), accompagnée d’une disposition similaire dans le cas de terrains zonés RH contigus aux lots zonés résidentiels ou institutionnels dans les limites de la zone urbaine;

·         les nouveaux aménagements à proximité des installations de traitement et de transfert de déchets (putrescibles) existantes doivent également respecter la distance minimale de séparation;

·         Que la distance séparatrice minimale requise soit fondée sur la zone d’influence telle qu’établie par le ministère de l’Environnement (MEO) pour les utilisations industrielles de classe II, plutôt que sur la distance séparatrice recommandée par le Ministère de 70 mètres de manière à s’assurer d’une superficie plus grande;

·         Malgré la distance minimale de séparation, l’aménagement d’une nouvelle habitation sur un lot zoné résidentiel, ou d’un immeuble institutionnel sur un autre lot n’entraîne pas non-conformité d’une installation de traitement et de transfert des déchets existante;

·         Les deux types d’installations doivent obligatoirement avoir un accès direct à un parcours désigné pour camions ou avoir accès directement à un tel parcours en passant par une subdivision zonée industrielle RG ou RH.

·         L’installation de traitement et de transfert des déchets ne doit pas entraîner la circulation de camions circulent dans un village.

·         L’installation de traitement et de transfert des déchets ne peut être aménagée sans l’approbation du ministère de l’Environnement.

 

Ces dispositions générales permettent de mettre en œuvre la politique de la Ville d’Ottawa Réorientation 2015 qui encourage le recyclage et la réorientation des déchets des sites de décharge, afin de réduire la dépendance aux décharges actuelles tout en cherchant d’autres méthodes de gestion de déchets.

 

Il y a deux propositions d’aménagement d’une installation de traitement et de transfert des déchets dans l’ancienne municipalité de Cumberland, les deux projets sont en attente des résultats de la présente étude. Selon les résultats de cette étude, les deux propriétés – 5001, route Herbert, qui propose une installation de traitement et de transfert des déchets putrescibles, et le 307, croissant Entrepreneur, qui propose une installation de traitement et de transfert des déchets non putrescibles – ont toujours l’autorisation de poursuivre l’aménagement pour ces usages, sous réserve des dispositions générales susmentionnées. Pour les terrains actuellement désignés zones rurales d'industrie lourde (RH), avec exceptions qui interdisent l’utilisation, il demeure interdit de construire des installations de traitement et de transfert des déchets.

 

Incidences juridiques / concernant la gestion des risques :

 

Dans le cas du terrain situé au 307, croissant Entrepreneur, le propriétaire a demandé au MEO un certificat d’approbation et a aussi demandé à la Ville l’approbation de son plan d’implantation.

 

La non-conformité à la loi qui permettrait l’utilisation des sols pour l’aménagement d’installations de traitement sur chacun des sites, sans égard aux règles de zonage concernant l’implantation, n’est pas applicable dans ces cas-ci, car une demande de permis de construire complète est la seule demande qui donne droit de réclamer des droits légaux de non-conformité.

 

Si le Règlement de zonage n’était pas adopté le 25 mai 2011, les requérants devront mettre en œuvre des projets conformes au zonage actuel.

 

Si le règlement proposé est adopté, mais présenté en appel devant la Commission des affaires municipales de l'Ontario, on prévoit que l’audience pourrait être menée par les ressources en personnel municipal. Si le règlement est modifié et que le personnel du Service de l’urbanisme et de la gestion de la croissance ne peut fournir en preuve une opinion professionnelle, la Ville devra recourir aux services d’un planificateur externe. On prévoit que le coût des services d’un planificateur externe sera de 30 000 $ à 40 000 $.

 

À l’expiration de la restriction provisoire pour cette zone, il sera impossible d’adopter une autre restriction provisoire concernant cette zone, peu importe le but, pendant trois ans.

 

Incidences techniques :

 

S.O.

 

Répercussions financières :

 

Le présent rapport n’aura aucune incidence financière directe.

 

Consultation publique / commentaires :

 

L’avis annonçant l’adoption du Règlement de restriction provisoire a été inséré dans le Ottawa Citizen et Le Devoir. Toute la correspondance était bilingue, car une grande partie de la population du Cumberland rural est francophone. Au début de l’étude, des avis ont été insérés dans les journaux anglophone et francophone d’Orléans. Des dépliants ont été placés dans des endroits à grand achalandage comme les centres communautaires et les dépanneurs dans Bearbrook, Navan, Vars et Notre Dames-des-Champs, pour annoncer l’adoption du Règlement de restriction provisoire, la nature et les étapes importantes de l’étude, notamment la disponibilité possible de la proposition de zonage pour examen public, avant la réunion publique officielle.

 

Des réunions individuelles ont été tenues avec le conseiller du quartier, divers intervenants et des membres du public. Une page Web a été créée dans le site Web de la Ville sous l’onglet Consultation publique. La page Web a été mise à jour à chaque étape de la progression de la démarche proposée. Les documents techniques et publics concernant la proposition de zonage ont été diffusés à des associations communautaires, au conseiller de quartier, aux propriétaires touchés ainsi qu’aux personnes et aux groupes qui ont demandé de l’information. Les commentaires reçus ne portaient pas sur les dispositions générales, mais uniquement sur les sites d’aménagement proposés situés au 5001, route Herbert et au 307, croissant Entrepreneur. Après la diffusion de la stratégie de zonage, nous n’avons reçu qu’une seule lettre contre le projet d’installation de traitement et de transfert des déchets non putrescibles sur croissant Entrepreneur. Nous avons reçu un grand nombre de lettres qui étaient contre l’installation de traitement de déchets putrescibles située au 5001, chemin Herbert, mais nous n’avons reçu aucun commentaire provenant de résidents de la sous-division Bearbrook ni du terrain de golf Bearbrook.

 

 

BACKGROUND

 

This study, and resultant recommended zoning strategy, was undertaken as required by the Planning Act, further to the imposition by Council of Interim Control (IC) By-law 2010-258, as amended by By-law 2010-277. The effect of the interim control by-law is that it prohibits any new, or any 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 has been undertaken. Document 1 includes the maps that identify all affected lands. On February 23, 2011, Council approved an extension to the interim control by-law to May 25, 2011 to allow for public consultation. Comments were received both for and against the draft zoning approach and have been considered in the drafting of this report.  The comments, along with the staff response, are detailed in Document 4.

 

There are two proposed waste processing and transfer facilities in former Cumberland that are on hold pending the outcome of this study.   The land use details of each of these sites, as well as all others zoned Rural Heavy Industrial are noted in Document 2.  Both landowners have applied to the Ministry of the Environment for Certificates of Approval, with one proponent also submitting a site plan control application to the City.

 

Both sites have been zoned to allow heavy industrial uses, including waste processing and transfer facilities, since 1982.  Therefore, the proposed use was permitted, and was not introduced as a newly permitted use by the Zoning By-law 2008-250. 

 

The former Cumberland Zoning By-law 64-82 zoned 5001 Herbert Drive MP – Rural Industrial Park, and 307 Entrepreneur Crescent as MP3 – Rural Industrial Park 3, with both zones permitting salvage yard and scrap yard.  These older land use terms were carried forward into Zoning By-law 2008-250 under a number of land uses, including storage yard, as well as various waste management facilities, other than solid waste disposal facility. The new land use terms were considered and discussed during the preparation of the Zoning By-law 2008-250, as well as during public consultation associated with the City of Ottawa Diversion 2015 waste management plan and adopted in 2008. 

 

Although waste processing and transfer facilities are permitted in both the urban and rural heavy industrial zones, this study focuses on the rural zoning in effect in former Cumberland and recommends general provisions that would apply to all such land uses across all rural areas of the City.

 

DISCUSSION

 

1.         Legislative and Regulatory Network

 

Provincial Policy Statement (PPS)

Policy 1.6.8.1 of the PPS provides that waste management systems need to be provided that are an appropriate size and type to accommodate present and future requirements, and which facilitate, encourage and promote reduction, re-use and recycling objectives.  They must be designed in accordance with provincial legislation and standards. The study’s proposed implementation plan is consistent with the Provincial Policy Statement.

 

Ministry of the Environment (MOE)

The establishment of any private waste management facility requires the issuance of Certificates of Approval under the Environmental Protection Act.  Where there may be site-specific servicing conditions, the development may also be subject to the Ontario Water Resources Act.  If the complexity and magnitude of the proposed waste management facility is considered to be great, then the issuance of a Certificate of Approval may require more intensive studies and consultation to address the requirements of the Ontario Environmental Assessment Act.

 

Ministry of Transportation

The Ministry of Transportation is responsible for ensuring that truck loads are properly tied down to ensure against spills.  There are truck stations along the Highways that check the various components of trucks, including how loads are stored and tied down, as well as the weights of loads, tire wear, etc.  Industry standards are such that the tarp covers are tightly secured along the entire length and width of the truck (excluding the cab). 

 

City of Ottawa Official Plan

Most of the sites zoned Rural Heavy Industrial (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.

 

Strategic Directions, policy 2.3.1 (48) of the City’s Official Plan is of direct importance to this study as it indicates Council policy with respect to the movement of goods, and in particular, it states:

 

“The City will minimize the impact of truck traffic on residential neighbourhoods caused by the presence of these vehicles and their noise, vibration and emissions by ensuring the availability of a comprehensive truck route network based on the arterial road system.”

 

City of Ottawa – Diversion 2015: Industrial, Commercial and Instutitional (IC&I) Waste 3R Strategy

Industrial, Commercial and Institutional (IC&I) Waste consists of both putrescible and non-putrescible waste, with the latter including Construction and Demolition (C&D) waste.  The term ‘putrescible’ is defined in the Zoning By-law 2008-250 as the following:  means able to decompose quickly enough to cause odours and attract flies, such as putrescible waste.

 

The City has no legislative authority to direct IC&I (including Construction and Demolition C&D) waste, which is important to recognize, as roughly 70 per cent of all garbage comes from the IC&I sector, with only 30 per cent coming from the residential sector, for which the City is responsible.  This means that the City cannot enforce specific standards on the IC&I sector, but may only comment on IC&I waste management proposals and establish policies that are intended to encourage the diversion of IC&I waste.  Diversion 2015 describes Council’s goals as being to:

 

·         Effect sustained measurable reductions in the gross per capita quantity of waste generated in the City;

·         Maximize the amount of waste diverted from landfill;

·         Defer the need for and minimize the scale of landfill expansions in the city; and

·         Achieve 60 per cent diversion, a target established by the Province, of the IC&I waste stream from disposal by the year 2015.

 

In order to enable the diversion of waste, it is important that the range of services needed to meet the waste processing and transfer requirements be both permitted and encouraged.  Without the full gamut of waste services, it would be difficult to achieve the goal of diverting waste and removing reliance on landfill sites.

 

City of Ottawa Zoning By-law 2008-250

During the creation of the Zoning By-law 2008-250, the City was also undertaking its Diversion 2015 strategy and public consultation process, and the Zoning By-law introduced the new land use terms that respond to the spectrum of waste management and disposal facilities.   Few Ontario and Canadian municipalities have created zoning regulations that reflect these relatively new land uses. 

 

Table 1 identifies the different types of waste facilities regulated in Zoning By-law 2008-250 that range from waste collection to either diversion or disposal.  The Table also indicates corresponding zoning regulations based on the degree of possible negative land use impacts to surrounding land uses. 

 

Both sites proposing to develop a waste processing and transfer facility in former Cumberland, located at 5001 Herbert Drive and 307 Entrepreneur Crescent, are zoned Rural Heavy Industrial (RH) and were permitted to develop the use, prior to the enactment of the interim control by-law which precipitated this study. 

 

Non-putrescible waste processing and transfer facilities, and leaf and yard waste composting are uses permitted in both the Rural General Industrial (RG) and the Rural Heavy Industrial (RH) Zones.  Solid waste disposal facilities, or landfills, are prohibited in all zones, and are only permitted subject to site-specific amendments to both the Official Plan and the Zoning By-law.

 

Table 1            Waste Facilities Regulated in Zoning By-law 2008-250

Type of waste facility

Zoning Permission

Regulation

Leaf and yard waste recycling facility

Rural General Industrial (RG)

Rural Heavy Industrial (RH)

 

Note: also permitted in the urban zones General Industrial (IG) and

Heavy Industrial (IH)

 

Limited in location to General industrial (RG) and Heavy Industrial (RH) zones only.  Limiting a use to only one zone category (Industrial) in a Zoning By-law restricts the location of the use and the amount of lands available to undertake the development of such use. The limited permission creates a separation from all other-zoned lands.

No additional separation is required as little significant impact is expected.

 

Site plan control approval is required and would be able to deal with any issues, such as parking, lighting, dust, setbacks and landscaping.

Waste Processing or Transfer Station (non-putrescible)

Rural General Industrial (RG)

Rural Heavy Industrial (RH)

 

 

Note: also permitted in the urban zones General Industrial (IG) and

Heavy Industrial (IH)

 

Limited in location to general industrial (RG) and heavy industrial (RH) zones only and therefore restricted in available locations, similar to that of leaf and yard waste recycling facilities.

 

No additional separation distance required where non-putrescible materials are being sorted, temporarily stored and transferred off-site.

 

Site plan control approval is required and would be able to deal with any issues, such as parking, lighting, dust, setbacks and landscaping

Waste processing and transfer facility (putrescible)

Rural Heavy

Industrial (RH)

 

Note: also permitted in the urban zone

Heavy Industrial (IH)

 

Limited in location to only one zone – the heavy industrial (RH) zone.

This restriction severely restricts the location of the use and the amount of lands available to undertake the development of such use. The restricted permission creates a separation from other-zoned lands.

 

Due to the putrescible nature of the waste, it is reasonable to apply separation distances to assist in mitigating land use compatibility concerns.

 

Ministry of the Environment Guideline D-6 suggests a 100 metre separation distance, or 300 metre influence area between Class II industrial uses, which is how the Ministry categorizes putrescible waste processing and transfer facilities, and `sensitive` land uses including residential and institutional uses.

Solid waste disposal facility

None

By site-specific Official Plan and Zoning By-law amendments

This use is not permitted unless there is a site-specific Official Plan Amendment and Zoning By-law Amendment.  When contemplating the approval or denial of an application to permit a new solid waste disposal facility, the Official Plan indicates that a 500 metre influence area, measured from the edge of the landfill, should be required.

 

This requirement is not reflected in the Zoning By-law, but would be imposed, at the minimum, through the site-specific Zoning By-law amendment.

 

2.         Approval Process for new and expanding Waste Processing and Transfer Facilities

 

The approval processes for new or expanding waste management sites involve two levels of government and three individual approval processes.

 

City of Ottawa Approval Process

The City of Ottawa is responsible for regulating residential waste, which represents only 30 per cent of all waste generated in the City.  It is the Province that regulates all other waste, known as IC&I and C&D waste.  It is this latter type of waste that generates 70 per cent of the waste in the City, so the indirect role that the City plays in the management of IC&I waste is not ideal.  Three of the five landfill sites in the City are privately owned and are regulated by the Province.

 

The City of Ottawa may comment on an application to the Ministry of the Environment for one or more Certificates of Approval, with the Ministry being the approval authority.  If the proposed development does not meet the zoning, a Zoning By-law amendment is required, and the normal public consultation process would ensue, with any appeals heard before the Ontario Municipal Board.  Where the zoning allows for a use, the City development process is limited to site plan control approval.

 

It is important to note that permission to develop a waste processing and transfer facility under zoning, does not result in the province’s automatic granting of a Certificate of Approval, as each level of government is charged with implementing its own policies independently of each other.

 

Waste processing and transfer facility development proposals are subject to the City’s Site Plan Control Approval By-law Number 2002-4.  The site plan control approval process does not deal with the appropriateness of a land use being proposed on a site, but rather with how the land use will be set up, for example, where the required parking will be provided, access from the street, building location and size, location of private services, location of permitted outdoor storage, landscaping and buffering.

 

Many of the comments received from residents concern issues that are dealt with during the Site Plan Control approval phase, including truck traffic, location of access points to the site, on-site parking, size, location and height of buildings and structures, location of any permitted outdoor storage of non-putrescible waste in bunkers, possibility of groundwater contamination and of waterbodies, and other environmental concerns.  Of importance to state is that the City is not the primary approval authority with respect to environmental contamination and other concerns, but rather relies on the Ministry of Environment as the lead decision maker on these issues and ultimate permit approval.

 

Some of the plans and studies that may be required by the City prior to Site Plan Control Approval include: site plan, landscaped plan, grading and drainage plan, storm water management report, geotechnical report, environmental site assessment Phase 1, hydrogeological study/groundwater impact study, servicing plan, and environmental impact statement.  Site plan control applications are subject to public consultation.

 

Ministry of Environment Approval Processes

Developers of waste processing or transfer facilities must apply to the Ministry of the Environment (MOE) for one or more Certificates of Approval (more could be required as individual circumstances dictate), one for the building within which the sorting, processing, and transfer will occur, and one for the internal air emission system.  A proposed development is listed on the MOE’s Environmental Bill of Rights Registry, available online, for technical and public review.  The MOE requires that the developer hold a public Open House to inform neighbours, and all stakeholders are invited to submit comments to the Ministry within two weeks of the public listing.  The City is provided the same opportunity as residents and the public, and may submit comments to the Ministry for their consideration in approving the Certificate of Approval.

 

Site-specific applications on-hold during interim control period

In the case of 5001 Herbert Drive, the site that precipitated the interim control by-law, the Ministry of the Environment published the application in its Environmental Bill of Rights registry, requested the proponent hold an Open House, and received numerous written comments in respect of the proposed development.  Ministry staff indicated to the developer that: (1) it would be requesting changes to the application, including the removal of asbestos as an approved form of waste that may be processed, held or transferred; (2) indicated that the operation would not be permitted to operate 24 hours per day, seven days of the week; and (3) requested an additional Open House to be held in the French language.  Since those initial comments, the Ministry has indicated that it has placed the application by 5001 Herbert Drive on hold pending the outcome of this interim control study. 

 

Similarly, the application made by 307 Entrepreneur Crescent south of Carlsbad Springs is also on hold by the Ministry.

 

3.         Study Findings

 

The majority of the lands zoned RH in Zoning By-law 2008-250 and previously zoned MP and its exceptions and subzones (e.g.MP3) in former Rural Cumberland Zoning By-law 64-82 were zoned as such in 1982.  The MP Zone permitted a number of heavy industrial uses, including cement plants, compressed gas sales and service, fuel storage facilities, lumber outlets, salvage yards and scrap yards amongst others.  These older land use terms were carried forward into Zoning By-law 2008-250 under a number of land uses.  Salvage yard and scrap yard were defined to refer to the storage, handling, and processing of various materials.  The storing component of those uses was replaced in part, by the term storage yard, while the handling and processing components being replaced by various waste management terms, including leaf and yard waste, waste processing and transfer facility (non-putrescible) and waste processing and transfer facility (which includes putrescible and non-putrescible). This means that the waste processing and transfer facilities, proposed at 5001 Herbert Drive and 307 Entrepreneur Crescent, have been permitted for decades, and were not newly permitted in Zoning By-law 2008-250.

 

 Most of the RH-zoned lands in former Cumberland are developed with heavy industrial uses, with some industrial lands undeveloped as in the large industrial park located south of Carlsbad Springs.  

 

As noted in Zoning By-law 2008-250, the purpose of the Rural Heavy Industrial Zone is to permit the development of heavy industrial uses in areas designated as General Rural Area or Village, to “accommodate a range of heavy industrial uses at locations which are neither environmentally sensitive nor in close proximity to incompatible land uses; and [to] regulate development in a manner that respects adjacent land uses and will have a minimal impact on the rural area.”  The location of 5001 Herbert Drive is not within an environmentally sensitive area, is located within an established industrial park, and is within 500 m of only a few non-industrial properties, of which only one property owner within the 500 m opposed to the development, as detailed in Documents 2 and 4.

 

The intent of the Rural Heavy Industrial Zone, as well as its urban counterpart the Heavy Industrial Zone, is to accommodate land uses that, by their nature, have the potential to create significant nuisance or risk.  Such uses are restricted to one zone category, unlike other land uses that are permitted in more than one zone category, such as restaurants, offices, and places of assembly.  Those with wider zoning permission have a greater pool of lands available for development.  In the case of waste processing and transfer facilities (putrescible), the use is limited solely to the urban and Rural Heavy Industrial Zones only. 

 

The study findings indicate that the spectrum of waste management services is new and evolving, and that such services will become more necessary as municipalities search for alternate methods of managing and diverting waste away from landfills.

 

4.         Recommended Zoning Strategy

 

General Provisions for waste processing and transfer facilities (putrescible)

While Zoning By-law 2008-250 includes new definitions that recognize the various waste management uses, the RH zone regulations apply equally to all heavy industrial uses, though many RH-permitted uses have far less truck traffic and fewer land use impacts on other rural lands, such as automobile body shop, heavy equipment and vehicle sales, rental and servicing, printing plant, service and repair shop or warehouse.   

 

For this reason, it is recommended that a new Section be added to the General Provisions of Part III of Zoning By-law 2008-250 that pertains to waste processing and transfer facilities in the Rural area.  The General Provisions will assist in the regulating of such facilities, and in the mitigation of possible land use impacts.  The general provisions are detailed in Document 3 – Details of Recommended Zoning, with the main requirements including:

 

·         an increase in minimum required lot area for putrescible waste processing and transfer facilities, from 0.8 ha to 2 ha;

·         a minimum separation distance requirement of 300 metres between a building containing the putrescible waste processing and transfer facility and a principal building on residentially-zoned (RR -Rural Residential, RU-Rural Countryside, V1, V2, V3-Village Residential, VM -Village Mixed Use) or institutionally-zoned (RI1-Rural Minor Institutional Zone, RI2 -Rural Major Institutional) lot, with a similar proviso where the RH-zoned lands abut residentially-zoned or institutionally-zoned lots within the urban area boundary;

·         New development in proximity to existing waste processing and transfer facilities (putrescible) must also comply with the minimum separation distance;

·         despite the required minimum separation distance, no waste processing and transfer facility (putrescible) is deemed to be non-complying by the subsequent erection of a residential use or institutional use building on another lot;

·           both types of facilities 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, and

·         waste processing and transfer facilities must not result in truck traffic that necessitates travel through a Village or residential subdivision.

 

Site- and Area-specific Zoning Strategies

Document 1 identifies the location of all RH-zoned lands in former Cumberland.  The study findings and recommended zoning for each area is described in detail in Document 2. 

 

It is recommended that both sites proposing to develop a waste processing and transfer facility in former Cumberland, located at 5001 Herbert Drive and 307 Entrepreneur Crescent will continue to be zoned RH, and permitted to develop these facilities.  However, in the case of 307 Entrepreneur Crescent, despite its RH zoning, the site will only be permitted to be developed with a non-putrescible waste facility as its lot area is below the proposed two-hectare minimum required for a putrescible facility.

 

It is also recommended that the site-specific exceptions currently in effect on 5001 Herbert Drive be deleted as they are not relevant to the proposed development.

 

Both the Herbert Drive and the Entrepreneur Crescent sites are part of larger areas that are zoned Rural Heavy Industrial, some parcels of which are developed with other heavy industrial uses.  These larger areas have been subject to recent land purchases, and continue to be areas of interest for industrial development.  As a result, no change is recommended to the zoning of those areas.

 

The other, isolated RH parcels, including 2317 Trim Road, 3450 Frank Kenny Road and 2104 Dunning Road are subject to site-specific exceptions that prohibit all RH uses other than as detailed in Document 2, including waste processing and transfer facilities of both putrescible and non-putrescible waste.  There are currently no plans to redevelop these sites.  No change in zoning is recommended.   

 

RURAL IMPLICATIONS

 

The interim control by-law that was adopted specified that the study was being undertaken of all Rural Heavy Industrial (RH) Zones in former Cumberland.  The details of the recommended zoning are considered reasonable wherever waste processing and transfer facilities are permitted in the rural areas of the City.  As such, 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

 

A variety of methods were used throughout the public consultation process, including the creation of a web page on the City’s website that was regularly updated, flyers that were placed in strategic locations throughout former Cumberland, focussing on Bearbrook, Navan, and Vars  community centres, local convenience stores and similar high-pedestrian traffic areas.  Staff held numerous meetings with individuals, and with the Ward Councillor, and as with all interim control studies, effort was made to meet on an individual basis, so as to allow for a non-controversial discussion of the land use and potential land use conflicts.

 

Members of the public attended the Open House in 2010 run by the developers of 5001 Herbert Drive, as part of the Ministry of the Environment’s requirements of the Certificate of Approval process.  Meetings were held with the former Ward Councillor prior to the enactment of the interim control by-law. 

 

Those with an interest in the study were sent notice of the extension of the interim control by-law and many residents appeared.  A draft zoning strategy was sent by mail to all those interested in the study with a request for their comments.  The comments are discussed in Document 4 and have been considered in the development of this report.

 

Finally, the public has been involved in the Herbert Drive proposal since July 2010 and had sent a large number of comments to the Ministry of the Environment.  Staff requested access to those comments, prior to developing the draft zoning strategy document.  More than 150 pages of text (with names and addresses of respondents blacked-out) were sent to the Ministry of Environment in July 2010, prior to the enactment of the interim control by-law.  The concerns raised in those letters are identified in Document 4.  Although the comments sent to the Ministry were reviewed, those with an interest in this interim control study must appear or submit written comments, and must not rely on their letters to the Ministry of Environment, should they wish to retain their rights to appeal the implementing Zoning By-law amendment.

 

Notice of the public meeting was sent to all those who responded to the draft zoning strategy, as well as those who requested to be kept informed. 

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Councillor is aware of the report and its recommendations and is hoping that improvements can be made to better address concerns raised by local residents.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

In the case of 307 Entrepreneur Crescent, the owner applied for both Ministry of Environment Certificate of Approval, and for the City’s approval of a site plan control application.

 

Legal non-conformity that would allow the use to be developed on each site, regardless of the implementing zoning rules, is not applicable in these cases, as a complete building permit application is the only application that initiates crystallizes entitlement to legal, non-conforming rights.

 

In the event that a Zoning By-law is not adopted by 25 May 2011, applicants will be able to move forward with projects based upon the existing zoning.

 

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.

 

Upon expiration of the interim control for this area, no new interim control by-law for any purpose may be adopted for the area for a period of three years. 

 

 

CITY STRATEGIC PLAN

 

Under Solid Waste and Environment:

Objective 2: (new) Increase waste diversion

 

 

TECHNICAL IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

 

SUPPORTING DOCUMENTATION

 

Document 1    Maps of Lands Zoned Rural Heavy Industrial in former Rural Cumberland

Document 2    Recommended Zoning of Each Site Zoned Rural Heavy Industrial

Document 3    Details of Recommended Zoning

Document 4    Consultation Details

 

 

DISPOSITION

 

Planning Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

Corporate Services, Legal Services branch to forward the implementing by-law to City Council.

 

MAPS OF LANDS ZONED RURAL HEAVY INDUSTRIAL IN

FORMER RURAL CUMBERLAND                                                                 DOCUMENT 1

 

 

RECOMMENDED ZONING OF EACH SITE ZONED

RURAL HEAVY INDUSTRIAL                                                                         DOCUMENT 2

 

 

Detailed Study Findings and Recommended Zoning of sites zoned RH in former Cumberland

Location

Study Findings

Recommended Zoning

5001 Herbert Drive

This 3.08 ha site is located within a larger area of lands all zoned Rural Heavy Industrial.  The site abuts the former Bearbrook Farm to the west.   Some of the lands within the former Bearbrook Farm have been sold, and are being used for heavy industrial purposes including a scrap yard, a welding business and a trailer sales lot.  The front of 5001 Herbert Drive facing Russell Road that contains the existing buildings is zoned RH [29r]; the remainder of the site is zoned RH[27r].   Exception [29r] carries over those specific uses that were approved as a part of the former Bearbrook Farm tourist area and are not relevant to this site.  Exception zone [27r] permits uses in addition to all of those permitted in the RH zone, including: agricultural uses, detached dwelling, forestry operation and home-based business.

 

Carl’s Sanitation Services has been in operation on this site for three years.  The waste services company currently provides waste bins to a variety of clients in the C&D sector, as well as some institutional clients.  The current operation involves drop off and pick up of bins and transporting the waste directly to landfill sites.  The company’s proposed waste processing and transfer facility (putrescible) will result in trucks traveling to the site to drop off waste for sorting, processing and transfer either to clients interested in the recycled material or to landfill sites.  

 

The site is located roughly 2 kilometres north of Vars, one kilometre from Bearbrook Hamlet, and 9 kilometres from Navan.  It has direct access to Russell Road, a designated truck route in the City’s Infrastructure Master Plan.  With truck traffic being of concern, it is important to note that trucks are prohibited on Rockdale Road, therefore truck traffic, including that created by the proposed waste processing and transfer facility (putrescible), will not be permitted to travel through the Village of Vars.

 

Further, trucks are prohibited on Dunning Road, north of Russell Road. Therefore, the proposed facility traffic is prohibited from travelling through the Bearbrook settlement area, which contains 16 Rural Residentially (RH)-zoned lots containing detached dwellings. 

 

According to the Ministry of Environment’s registry for this project, the operation will involve the transfer of recycled materials, as well as the transfer of any remaining non-recyclable garbage and must be trucked off-site to a landfill site, within 24 hours. The truck traffic will be required to use Frank Kenny Road, a designated truck route three blocks west of site, south to access Highway 417.  Any waste to be sent to the Navan landfill site will also be restricted to truck routes.  The designated truck routes may be included as part of any site plan control agreement.

 

Four detached dwellings are located one block west on McNeely Drive, with three of the lots between 300 m and 380 m distance from the middle of the 5001 Herbert lot, and one lot 500 m away on the western side of McNeely Drive.  They are all zoned AG3, and RH [29r].  The residential lots zoned AG3 were similarly zoned under former Cumberland Zoning By-law 64-82 as AGR indicating that they were originally parts of larger farm parcels that would have been severed,  and in the case of the RH¸[29r], the residence of the owner of Bearbrook Farm. 

 

Bearbrook Golf Course and residential subdivision is located more than 900m from the rear property line of 5001 Herbert Drive, with some 280 m-wide woodlot separating the residential subdivision from farm lands that abut immediately to the north of the Herbert site.   None of the residences have access to Herbert Drive, and many within the subdivision use routes other than McNeely south to Russell as McNeely Road south of Whispering Willows Drive is a narrow gravel road.  Most residents access Rockdale Road at the south end off of Golf Course Road, or travel north of Whispering Willows Drive along the paved portion of McNeely Road.  As such, the intersection of traffic between the trucks accessing 5001 Herbert Drive and Bearbrook Golf course subdivision is low.  One comment has been received from a resident of the subdivision and none  from the owners of the golf course.

 

Similarly, lots to the east of the site are all zoned as AG subzones, and with the exception of the agricultural lot abutting the site to the east, other farm residences range in distance from 310 m to 780 m from the easterly lot line of 5001 Herbert Drive, and would be further removed were the dimensions taken from the centre of the lot.  The farm residence on the abutting lot to the east is 70 m from the easterly lot line and would be less than 200 m from the centre of the lot.  No concerns were voiced by the owner of the easterly abutting lot.  No comments were received from any neighbours along Russell Road, nor was there any comment received from the owner of the former Bearbrook Farms, or any other existing uses within the larger Rural Heavy Industrially-zoned area, all of whom received notice of the commencement of the study with requests for comments.

 

The closest rural institutionally-zoned sites, including the Bearbook Community Centre and the Anglican Church of Trinity Bearbrook, are located roughly 1.08 km and 1.28 km respectively from the easterly lot line of the site to their westerly lot line along Russell Road.  No comments were received from these rural institutional uses.

 

The South Nation Conservation Authority has indicated that there will be no environmental impact on the Vars Esker, as the site lies outside the influence area of the Esker.

 

The Ministry of Environment may require a leachate collection system as part of the design of the building, to collect any spills prior to them reaching the ground.

 

As detailed in Document 4, residents have numerous concerns and are opposed to the proposed development of the waste processing and transfer facility (putrescible) on Herbert Drive.  In part, there was confusion with respect to the French translation of the Ministry of Environment’s registry for this site, wherein waste processing and transfer facility (putrescible) was translated to the French word for ‘dump’.  Despite repeated attempts by staff to clarify that the site will have a facility where the sorting and processing will take place entirely within a building; that remaining putrescible waste must be transferred off-site within a specified time to be determined by the Ministry of Environment; and that there will be no disposal of any waste outdoors, there still remain some residents who believe the proposed facility will be a landfill site. 

 

That 5001 Herbert Drive be permitted to be developed with a waste processing and transfer facility (putrescible), as per its RH zoning. 

 

The development is an appropriate use on these lands, given the longstanding land use intent, the existence of other heavy industrial uses abutting the site, access to two designated truck routes that lead to Highway 417 and offer a by-pass from Vars, Bearbrook hamlet, and the Bearbrook golf course and residential subdivision. 

 

Staff also recommends that the site-specific exceptions currently in effect on the site be deleted as they are not relevant to the proposed development.

 

It is also recommended that the truck routes be clearly defined in both the Ministry of Environment’s Certificate of Approval, should it choose to grant approval, and in any site plan control agreement with the City.  This will ensure compliance with the designated truck route and avoid any truck travel associated with this site through Vars, Bearbrook. Sarsfield and French Hill. 

Other RH-zoned lands between Herbert Drive and McNeely Road, along north side of Russell Road

 

Most of these lands were developed with the former Bearbrook Farms site, with the exception zones [27r], [28r] and [29r] tailored to the former uses, including an abattoir which no longer exists.  The lands are for sale, with portions of the lands already sold and developed with heavy industrial uses, including an automobile scrap yard, a welding business and a trailer sales lot.  A large lot zoned RH is developed with Sega Electric Inc, with the latter providing no comment on the study.

That there be no change to the zoning of these other RH-zoned lands, many of which are currently for sale.

307 Entrepreneur Crescent

 

This site is roughly 0.8 ha in size and is undeveloped, though there are piles of discarded waste on-site.  There are also similar piles of waste on adjacent undeveloped lands.  The developer has applied to the Ministry of Environment for a Certificate of Approval to operate a non-putrescible waste processing and transfer facility that will accept C&D waste, and primarily asphalt shingles on lands zoned Rural Heavy Industrial (RH).  A site plan control approval application was also submitted to the City of Ottawa.

 

The RH zoning allows for both types of waste processing and transfer facilities, though the application is for a non-putrescible facility only. 

 

This site is south of the centre of Carlsbad Springs, and south of Highway 417, which acts as a barrier between the Village and the rural lands on the south side.  It is separated from the village residential lots that are located north of the Highway 417.  Development will be on private services and will have no impact on the Trickle Feed Water System that applies to specified lots within the Village of Carlsbad Springs only, as indicated in the City’s Infrastructure Master Plan.  In addition, there will not be any impact on the Village as the truck traffic will be travelling to and from Highway 417, without the need to travel further north into the Village.

 

This site is within a large area of industrially-zoned lands (RG and RH), including an industrial subdivision that is in its beginning stages, though some of the lots are already developed with a variety of industrial uses. 

 

Concern has been expressed regarding the possible conversion of the proposed non-putrescible facility to a putrescible facility.  This would not be possible without re-applying for new Certificates of Approval from the Ministry of Environment.  More importantly, although the RH zone permits both non-putrescible and putrescible facilities, this site has a lot size of roughly 0.8 ha, and would be undersized under the proposed General Provisions affecting putrescible waste processing and transfer facilities, and therefore not permitted to be developed as putrescible facility without a site-specific rezoning.

That there be no change to the current RH zoning and that a waste processing and transfer facility (non-putrescible) be permitted.

 

Other lands zoned Rural Heavy Industrial adjacent to 307 Entrepreneur Crescent

 

There has been interest in the development of this area, with most of the Rural Heavy Industrial lands still undeveloped, and located abutting Highway 417 to the north.  With access from Boundary Road, a designated truck route, directly to the highway on-ramp, the area provides an optimal location for industrial development. 

 

Some of these lands are identified on Annex 14 to the City Official Plan, as being Significant Woodlots, and any proposed development will require an Environmental Impact Statement.

Because there is an active real estate market in this location, it would not be reasonable to consider any zoning changes.

 

2317 Trim Road

This site is located at the urban/rural boundary, opposite an established residential subdivision in Orléans.  It is partially developed with a bus depot, in addition to being farmland with a farm residence. The site-specific zoning of RH [35r] was imposed to prohibit all uses permitted in the RH zone, except for the bus depot, heavy equipment and vehicle sales, rental and servicing limited to farm machinery welding and repair, and for specified heavy industrial uses.  The general prohibition includes both types of waste processing and transfer facilities.

 

 

Due to its location across from the General Urban Area boundary and residential subdivisions of Orléans, no change is recommended to the current site-specific zoning.

3450 Frank Kenny Road

 

This site is developed with a bus depot and is zoned the same as the RH site on Trim Road, RH [35r].  The site-specific exception prohibits most heavy industrial uses other than a specified list, as noted under the Trim Road site.  The mostly-general prohibition of Exception [35r] results in waste processing and transfer facilities also being prohibited.  The large site is located on a designated truck route that has access to Highway 417. Factors that would be taken into consideration in the event of future redevelopment include its location near a Significant Woodlot, as per Annex 14 of the Official Plan (2009), and an Environmental Impact Statement would be required.

 

The site is also located one Concession west of the Village of Navan boundary.  Any long term plans for this area should consider whether any possible Village expansion would occur westward.  If that were not to occur, then this site would be appropriate for all RH uses, given its location along the truck route.  There are no immediate plans to redevelop the lands.

That there be no change to the current RH [35r] zoning.

 

 

2104 Dunning Road

 

This site is developed with an auto parts business that is specifically permitted under the RH [538r] zone.  This is the only site zoned RH in the area, and is surrounded by agricultural lands. It is located northeast and one kilometre (1 km.) from the residential settlement area of French Hill.

 

The site-specific exception allows for the distinct land use permission on lands long-established with auto parts businesses, while prohibiting all other RH uses, including waste processing and transfer facilities.  There are no immediate plans to redevelop the property.

That there be no change to the current RH [538r] zoning.

 

 

DOCUMENT 3

DETAILS OF RECOMMENDED ZONING

 

1.         Amend Part 1, Section 54 – Definitions, to revise the definition of “waste processing and transfer facility”, to add the word “(putrescible)” in brackets at the end of the land use term.

 

2.         Amend Part III, Specific Use Provisions, to add a new Section 95: Waste Processing and Transfer Facilities and to add the following:

 

Section 95       WASTE PROCESSING AND TRANSFER FACILITIES IN THE RURAL                                AREA

(1)        waste processing and transfer facility (putrescible) is only permitted in RH Zones,

(2)        minimum lot area for waste processing and transfer facility (putrescible): 2 ha,

(3)        minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and a principal building on a lot zoned Rural Residential (RR), Rural Countryside (RU), Village Residential (V1, V2, V3), Village Mixed Use (VM), Rural Minor Institutional (RI1) and Rural Major Institutional (RI2);

 (4)       minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and a principal building on a residentially-zoned or institutionally-zoned lot located within Area C of Schedule 1,

 

            (5)        New development in proximity to existing waste processing and transfer    facilities (putrescible) must also comply with the minimum separation      distance;

(6)        despite the required minimum separation distance, no waste processing and transfer facility (putrescible) is deemed to be non-complying by the subsequent erection of a residential use or institutional use building on another lot,

 (7)       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,

(8)        the 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

(9)        the 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. 

 

3.         Amend the Rural Heavy Industrial (RH) Zone to delete the term ‘waste processing and transfer facility’ and replace the term with two terms:

            waste processing and transfer facility (non-putrescible)

            waste processing and transfer facility (putrescible)”.

 

4.         Amend the RG Zone, list of permitted uses, to add the following at the end of the use ‘waste processing and transfer facility (non-putrescible): “(See Part III, Section 95)”.

 

5.         Amend RH Zone, list of permitted uses, to add the following at the end of both of the new listed land uses ‘waste processing and transfer facility (non-putrescible)’ and ‘waste processing and transfer facility (putrescible)’ : “(See Part III, Section 95)”

 

6.         Amend the zoning provisions of the Rural Heavy Industrial (RH) Zone to require a minimum lot area of 2 ha in the case of a waste processing and transfer facility (putrescible).

 

7.         Amend the Zoning Map to delete the exceptions [27r] and [29r] from the lands known as 5001 Herbert Drive.

 

 

PUBLIC CONSULTATION DETAILS                                                              DOCUMENT 4

 

 

Eleven (11) residents sent letters on the draft zoning strategy .All but one comment was in respect of the proposed development of 5001 Herbert Drive. One respondent does not want to see any expropriation of the properties on Boundary Road south of Highway 417, to be included for ‘any future project’.

 

All respondents were opposed to the proposed waste processing and transfer facility (putrescible) at 5001 Herbert Drive for the reasons noted in Column I of Table 1 below.  These comments have been combined into similar concerns.  Columns II and III provide staff response, and possible mitigation methods or procedures.

 

Table 1. Comments on Proposed Waste Processing and Transfer Facility (putrescible) at 5001 Herbert Drive

 

 

Comment

Staff Response

Possible mitigation

1

Many who commented either refer to the proposed use as a dump, or are concerned that the facility could expand and become a dump

The proposed development is not a dump, or ‘solid waste disposal facility’ under Zoning By-law 2008-250.  The Rural Heavy Industrial Zoning does not permit a solid waste disposal facility.  Landfill sites are only permitted by site-specific Official Plan and Zoning By-law Amendments.

 

The proposed use is a waste processing and transfer facility (putrescible) where the operation will be undertaken within an enclosed building.  The site will not be used for the disposal of any waste; and there will be no storage of waste outdoors.

 

Only non-putrescible, recycled materials, such as wood or steel, will be permitted to be stored outdoors, in bunkers with walls and covered by domes, until such time as there is adequate quantity of the recycled material to fill a truck and be moved off-site to a client or broker.

The approval process for a landfill site is significantly different at both the City and provincial level.  Any proposal for a new landfill site would require extensive studies, a site-specific City Official Plan amendment and a site-specific rezoning, as well as environmental assessments and all approvals by the Ministry.

 

The prohibition of a solid waste disposal facility in any zone as of right in Zoning By-law 2008-250, including the RH Zone, will ensure against the development of the site as a landfill.

 

City waste management plans do not include the creation of new landfill sites, so this site would not be considered for a landfill site. 

 

No mitigation is required, as the prohibition is clear.

 

 

 

2

25 year-old zoning; the area has changed a lot since then, including numerous residents, and the Bearbrook subdivision

 

Because of residential housing nearby, only non-putrescible waste should be accepted at this site

 

Zoning should prevent this type of facility

The heavy industrial zoning has been in place since 1982, when the whole of the area along Russell Road, bounded by McNeely Road and the easterly boundary of 5001 Herbert Drive, was rezoned to permit heavy industrial uses under the former Cumberland MP – Rural Industrial Park Zone under Rural Cumberland Zoning By-law Number 64-82.  Note that the Rural Industrial Park zoning recognized this cluster of lands as an industrial park.

 

The subject area zoned Rural Heavy Industrial (RH) in Zoning By-law 2008-250, with or without exceptions, contains both the former Bearbrook Farm, which is for sale, as well as a number of sites that currently contain heavy industrial uses.  This area is not vacant, but has a number of industrial uses that should continue to be permitted. 

 

The heavy industrial zoning and heavy industrial development in this cluster area existed prior to the development of the Bearbrook Golf Course and subdivision, which is located north of the site, some 900 m, and is separated by a roughly 300 m-wide forest. 

 

The subdivision is not accessed via Herbert Drive, nor is the principal access to the subdivision via McNeely Road, that is located one block west of Herbert Drive.  In fact, part of McNeely Road is a gravel road and not highly travelled south to Russell Road.

 

Finally, the proposed development will handle putrescible waste indoors only, and will ensure that the remaining waste is transferred off-site within 24 hours.

n/a

3

Has potential to negatively impact land within 500 m of the site’s boundary; one respondent indicated that the Bearbrook golf course and subdivision are within 500 m

All lands within 500 m of the site were sent a copy of the notice of the commencement of the study and those with an interest in the study were sent a copy of this report.

 

There are a few sites within 500 m of the site.  Of the five sites that include farms houses with and without farmlands within 500 m east of the site, along both sides of Russell Road, none of the landowners provided comment to the City; and this includes the site abutting to the east.  None of the sites within 500m west of the property on the south side of Russell Road provided comments to the City.

 

None of the sites that are located along McNeely Road, including not only the other RH-zoned properties, but also two residential dwelling lots zoned AG3 provided any comment to the City. 

 

One property owner residing along McNeely Road, north of the industrially-zoned lands and abutting 5001 Herbert Drive at the rear lot line, provided comment opposing the development of this site.  The McNelly property is a long, narrow property of roughly 12 ha (26  acres).The house on that site is close to McNeely Road, roughly 380-400 m from the middle of the 5001 Herbert Drive lot.

 

None of the other industrially-zoned sites within the clustered RH area provided comment to the City. 

 

A variety of rural uses are permitted in the rural area, including farms, farm-related dwellings, rural residential, commercial, institutional, environmental (e.g.woodlots, creeks, etc.) and rural industrial, as envisioned in the City`s Official Plan.  This area is an example of the mix of a variety of rural uses found in several areas of rural Ottawa.

 

The site at 5001 Herbert Drive is located within a cluster of properties all of which are zoned and used for heavy industrial uses, and is not an isolated site.

 

Bearbook subdivision is more than 900 m north of the site, and is separated from the site by a 300-m wide woodlot, and farmland which provide barriers from the proposed development.  One landowner who lives at the south end of the Bearbrook subdivision, off McNelly Road provided comment in opposition to the proposed development.

Site Plan Control Approval process will be able to provide mitigation measures to reduce potential land use impacts on the few non-industrial sites within 500 m.

 

See also Comment 5

 

 

4

Real estate agent has indicated in a preliminary opinion that the value of residential properties will be adversely affected by a waste disposal transfer station nearby

It is unclear as to what parameters were used, for example, was the comparison made between the proposed use versus no development other than residential?

 

It is important to recognize that any permitted heavy industrial use listed in the Rural Heavy Industrial Zone in Zoning By-law 2008-250 may be developed on these lands, as well as on any of the other lands in the cluster of RH zoning in this area along Russell Road and McNeely Drive.  It is unlikely that property values would be lowered any more or less than if any other heavy industrial use were proposed, such as in the case of the existing auto scrap yards on adjacent lands, and the Tomlinson concrete plant to the west on Russell Road.

 

Having said that, changes to property values of adjacent lands are not a criterion that is part of the assessment of a matter under the Planning Act.

Ministry of Environment is approval authority of waste processing and transfer facilities.  Mitigation of site planning issues, and environmental concerns will be considered during the City of Ottawa Site Plan Control approval phase.

5

Residences are on private wells, and are dependent on the well water quality.  The private wells are at great risk of becoming contaminated

 

Potential negative impact on surface and ground water quality if there were an accidental spill

 

People could become very sick;

 

Concerned with the combination of gravel site and opportunity for toxic run-off which makes this location entirely unsuitable for the proposed use

Some of the plans and studies that may be required by the City prior to Site Plan Control Approval include:

Site plan

Landscaped plan

Grading and drainage plan

Stormwater management plan

Geotechnical report

Environmental site assessment Phase 1

Hydrogeological study or groundwater impact study

Servicing plan

Environmental impact statement

 

See also Comment 15

City of Site Plan Control approval process

 

Ministry of Environment will not approve the development unless there is a leachate containment system to catch any leaks, prior to any material touching the ground

6

Site is on the Navan Vars Esker which provides a significant source of water for businesses and residences in the area

South Nation Conservation Authority has provided a written response to the City that states that the site lies outside of the Vars Esker area and as a result, is not subject to Conservation Authority approval

The South Nation Conservation Authority is the regulator of the Vars Esker and of lands within the area of influence of the Esker and the City relies on the Conservation Authority in these matters

7

Not confident that materials will be properly disposed of (particularly hazardous materials such as asbestos), as aware that the company has been charged and convicted of at least one infraction in relation to waste disposal or management

 

Expects that the site plan might not always be followed and the storage processing might not always occur as projected

The Ministry of Environment has indicated to the applicant that asbestos will be prohibited on site.

 

The infraction was actually that several companies including Carl’s Sanitation failed to have documents or stickers in their trucks.  This infraction was not related to waste management processes and would not have any negative impact on their lands nor those of surrounding properties.

Ministry of Environment is the approval authority and will not approve any operation that does not meet their regulations, including any site-specific prohibitions including the storing or transfer of asbestos.

 

If the Ministry grants the Certificates of Approval, and the operation violates any terms of the Certificates, the Ministry will investigate and may pull the Certificates and shut down operations.

 

If the Ministry does not approve the Certificates of Approval, the City will not grant Site Plan Control approval.

 

 

If the facility is built or operates in such a way as there is a violation with the Site Plan Control agreement with the City, the City will investigate.

8

Not a good location for the use;

waste sorting, processing, and transfer stations should be co-located with landfill sites, such as Moose Creek and Carp

 

There are better sites within industrial parks

 

Industrial parks exist so isolated chunks of industrial zoning don’t need to persist

 

It is convenient that this operator wants to start a waste transfer site at this location, although better effort should be made to find more suitable sites with better oversight by city council where the residents` needs and concerns will be better represented.

 

 

 

In order to function, the various types of waste management facilities do not need to be near each other.

 

The proposed Herbert Drive facility is located within a cluster of properties all of which are zoned and used for heavy industrial uses.

 

With the province and the city moving away from solid waste disposal towards waste diversion, it is important to provide more waste transfer facilities across the City.

 

The placement of transfer facilities throughout various areas of the City, will allow the trucks more points of access to dump their loads rather than travelling to the few landfill sites in the City that accept waste.  By sorting the materials for recycling, the remaining garbage will be reduced and fewer trucks will need to travel to the off-site landfill locations.

 

 

 

n/a

9

Potential to negatively impact community activities in the area with Bearbrook Community Centre within 0.5 km

The Bearbrook Community Centre is approximately 900 m away.  Any increases in traffic along Russell Road will be absorbed throughout the day, and will not result in problems accessing the Community Centre. 

 

 

Traffic issues will be considered during the City`s Site Plan Control Approval phase.

 

The Ministry of Environment is the approval authority and will not approve Certificates of Approval if the proposed development does not conform to all regulations and conditions that would be imposed on this development, including truck traffic issues.

10

There is already a waste transfer facility, Millenn, located abutting the Navan landfill site – no need for additional waste management sites in this area.

 

Already a recycling operation on Navan Road that the City created by granting a re-zoning even after strong opposition from local residents… how can city justify building another such site a few kilometres away?

 

Millenn has violated the MOE requirements, but the city has granted another rezoning of the site.

 

Navan residents have experienced serious problems with the Navan dump

 

 

The Millenn waste processing and transfer facility is restricted to the collection, processing and transfer of C&D waste only, and does not cater to the same clientele as will Herbert Drive, as the latter will accept IC&I and some residential waste as well.

 

The proposed facility at Herbert Drive will be run by a different company than the Millenn site, so it is not reasonable to assume that Carl’s Sanitation Services will violate MOE requirements.  Herbert Drive has rural industrial zoning, and is part of an industrial cluster.

 

The City of Ottawa has approved a temporary rezoning, until November 2011, for the Millenn facility, after which time, the site will revert to its urban zoning of DR, for future urban development.  The Millenn site will be shut down.

 

This site is not comparable to the Navan landfill, as it will not be a waste disposal site.

n/a

11

Potential to negatively impact air quality;

such as in the case of Millenn on Navan Road which has bad odour

See Column III, as well as Comment 10

Ministry of Environment controls this issue, and requires a separate Certificate of Approval for air filtration systems that clean the interior air prior to releasing it externally

12

Rodents and birds will be attracted to the site and surrounding lands

Because the operation will be undertaken within a closed environment, with the waste sorted and transferred from inside the building, there is little concern with any increase in rodents than might otherwise exist in the rural area.  Birds will not be attracted to the waste’s odours because the operation will take place indoors, and the MOE required air filtration system will clean the interior air prior to releasing it externally.

Ministry of the Environment is the approval authority for the facility’s air filtration system.

 

 

13

City is putting residents’ health at risk.

Risk if asbestos is transferred or disposed of at the proposed site, which has been scientifically linked to numerous cancers

 

Dust and smell will affect breathing of those with lung problems

Ministry of Environment has prohibited asbestos from entering or being stored on-site, and has required that the application be amended to remove all reference to permission to handle asbestos

See Column II and Comments 11 and 12

 

Ministry of Environment is approval authority

14

Significant increase in truck traffic

-estimates from 80 trucks up to 600 trucks per day; and from 51 to 308 trucks per day

-noise

-dust

-light pollution, with operation 24hours/day

-damage to roadway; maintenance and repair of which will be paid for by municipal taxpayers

 

Russell Road should be widened at Herbert Drive to include a turning lane onto Herbert Drive from Russell Road and a merging lane onto Russell Road from Herbert Drive.

 

What is the guarantee that trucks will not use Dunning, as it is a truck route north of Russell Rd.?

 

Who will enforce the truck route?

Ministry of the Environment has denied a comprehensive application by Carl’s Sanitation Services.

 

The operation will be limited to a maximum tonnage per day of 300 tonnes.

 

300 tonnes per day divided by 5 (average number of tonnes per box) would equal 60 trucks per day.  There will be an additional 5 to 6 trailers taking the remaining waste off-site to a landfill. 

 

Russell Road is a designated truck route, designed to take large volumes of traffic, including truck traffic.

 

That portion of Dunning Road that is designated as a truck route will be permitted to be travelled upon by trucks associated with the proposed use at Herbert Drive, or any other permitted use that has truck traffic. Most truck traffic coming and leaving the site would be going south to access Highway 417, and would travel on Frank Kenny Road, as Dunning south of Russell Road is not a designated truck route.

 

 If there is a need to prohibit trucks from this site from travelling north on Dunning Road, this would be addressed by both the MOE and the site plan control approval processes.

 

Noise associated with truck traffic is expected on designated rural truck routes

 

Note that the MOE has informed Carl`s Sanitation that it will refuse to permit a 24 hour/7day week operation, and that specific hours of operation will be established

Site plan control will be able to consider traffic measures, including such things as turning lands onto Herbert Drive.  Comments concerning all site planning matters, including noise, dust, light pollution, and the widening of Russell Road will be forward to site plan control staff.

 

 

A Traffic Impact Study may be requested by the City, as part of Site Plan Control Approval process.

 

A Noise Study could be requested, but with the operation inside the building, the noise is with respect to mostly truck traffic. 

 

City of Ottawa police will enforce the truck route, and should any truck be travelling on a non-designated truck route, the driver will be in violation and will be prosecuted

15

Opaque fence that complements the rural surroundings should be erected at a height of no more than 3 m (10 feet).

 

The height of piles of recyclables kept in outdoor bunkers must be kept below 3m in height, no higher than the fencing around the site.

 

A drywall ban should be placed on the site to prevent the creation of hydrogen sulphide, a by-product of decomposing gypsum board

Staff identified that the existing perimeter fence is not attractive and should be replaced.  Details of the type and height of fence will be dealt with during the City’s Site Plan Control approval process.

 

The location and dimensions of the bunkers will be addressed in the City’s Site Plan Control approval process.  The bunkers will have to be designed to the satisfaction of the Ministry of Environment.

 

The Ministry of Environment will address the suggestion of a drywall ban, as it has approval authority of types of waste materials permitted on-site, and recognizes the by-products of such materials that may be harmful to the environment

The City is responsible for site planning matters, including mitigation measures to reduce operational or site impacts, such as lighting, fencing, height of buildings and bunkers.  These comments will be forwarded to site plan control application.  Ministry of Environment will consider site plan considerations as part of its approval process.

 

The request for a drywall ban will be forwarded to the Ministry for its review as part of the Certificate of Approval process.

16

Allowing this site to go ahead, the city will create a precedence in rural areas with the rural areas then becoming targets for any company wanting to get into dumps

 

Concerned that the company would grow and the site become a major waste disposal site

Waste processing and transfer facilities are permitted in both Urban and Rural Heavy Industrial Zones.  There are existing waste processing and transfer facilities in other rural areas of the City, particularly in former Goulbourn Township.

See Comment 1 for discussion on the fact that the proposed facility is not a dump, nor would the site be permitted to convert to a dump.

 

 

See Comment 1

17

If the surrounding residents do not want this use, the City should respect this and prohibit the use in this location

 

Unfair to residents of Navan and Vars, to develop the use that will not be visible to the urban and suburban areas, but have legitimate concerns about water, air quality and well being

 

Since City Council has set this course for waste diversion there is little wonder that staff summarily minimized and dismissed all of the objections raised about the proposed waste transfer site.  There is no point in further discussion with staff who have not had the interest to investigate the issues previously identified…I only hope at this time that when the concerns turn to facts that those who dismissed them so lightly are held responsible for their actions; or rather lack of actions (President, Vars Community Association).

 

Residents who are already established should not have their enjoyment of their properties affected by any new venture, especially when they object to its development.

 

No “logistical sense” in having the facility as far out as Vars, other than keeping it out of site and out of mind – local population not sufficient to require such a facility

 

Not changing the zoning of this site shows an utter lack of respect for the residents of Vars and definite lack of integrity as elected members of Council

 

It is understandable that residents would have concerns.  The questions are legitimate and they have been given serious consideration. 

 

However, in reviewing each possible land use impact, it has been determined that this location is a good one, with good access to designated truck routes, and to Highway 417; is not on or adjacent to lands with Significant Natural Features, Significant Wetlands, Significant Wildlife; nor is within the influence area of the Vars Esker, or the municipal drain south in Vars.

 

Its location is 2 kilometres north of Vars and 9 kilometres east of Navan, and it has been established that no trucks will be permitted to drive through Vars, as Rockdale Road is not a designated truck route.  Trucks accessing the Navan Landfill will have to follow designated truck routes, and those accessing other landfill sites will use southerly truck routes to access Highway 417.

 

The MOE will ensure that there is a leachate system in place to ensure against contamination of the surface or groundwater

It would also be unfair to deny a landowner the right to develop his property based on the zoning that affects his site, as well as many other industrially-zoned lots within this cluster that are currently developed with industrial uses, should the land use meet the Ministry of Environment standards and regulations.

 

Because the site is a transfer facility, its location needs to be within easy access of Highway 417 so as to provide access to off-site landfill sites. 

Ministry of Environment is the approving authority

18

If the landowner creates problems for neighbours, then he can be held responsible as can the councillors and bureaucrats who allow it to happen

See Column III

The Ministry of Environment may revoke a Certificate of Approval

 

The City will enforce the truck routes, and any Site Plan Control agreement that might be reached provided the MOE has granted the Certificates of Approval.

19

The City should implement a mandatory requirement for local generators of IC&I waste to have, and actively participate in, “at source” waste and recycling programs, since it generates 70% of the waste – would be better enforcing waste diversion in the IC&I sector than at the residential level.

 

This is a good idea and the City is encouraging diversion of all waste sectors, though it may only regulate the residential waste sector.

The Ministry of Environment, who is the approval agency for the IC&I waste sector, will be made aware of this comment.

20

Most recycled products recycled have little or no market and therefore these efforts to recycle are for optics or feel good motives, but do little to deal with the real environmental problems these sites create at a great cost to the taxpayer.

 

If market is unstable, it is reasonable to expect drywall and other materials could end up being stockpiled on-site in larger amounts and for longer durations than foreseen; exposure to outdoor weather, treated lumber could generate toxic leachate if rained on

 

City must begin to look at proven technologies such as plasma burng to turn trash into gas and rock-like material, instead of supporting schemes that are inefficient, unaffordable, and potentially not safe.

 

Stockpiling of recycled materials will only be permitted within any MOE- and City-approved bunkers; any other stockpiling would contravene both the MOE Certificate of Approval and any Site Plan Control agreement

Ministry of Environment and the City of Ottawa will enforce their agreements with the facility owner