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2009-113 amend the zoning provisions which apply to lands within Part of Lot 11, Concession 8THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2009 -113 A By -law to amend the zoning provisions which apply to lands within Part of Lot 11, Concession 8 (Former Township of Oro), now in the Township of Oro - Medonte (2009- ZBA -07) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of a recycling operation, in accordance with Section C12 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule 'Al2' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 11, Concession 8, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from Mineral Aggregate Resource One (MAR1) Zone to the Mineral Aggregate Resource One Exception Holding (MAR1 *189(H)) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. That Section 7 *189 is hereby amended by adding the following: " *189 Part of Lot 11, Concession 8 (Oro) Notwithstanding any other provision in this By -law, a Recycling Establishment is permitted on the lands denoted by the symbol *189 on the schedules to this By -law. Notwithstanding Section 6.0 Definitions, the Recycling Establishment permitted on the lands denoted by the symbol *189 on the schedules to this By -law, is defined as "premises or area of land in which used materials are received, separated, and /or processed prior to shipment for further use as new or recycled products or for offsite disposal. The lands are to be subject to a Holding provision. Prior to the lifting of the Holding Provision, Council shall be satisfied that: (a) The required Certificate of Approval from the Ministry of Environment has been obtained; (b) A site plan agreement pursuant to Section 41 of the Planning Act has been entered into." 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ENACTED PURSUANT TO ONTARIO MUNICIPAL BOARD ORAL DECISION P1090874 ISSUED MAY 2, 2012 Clerk ou sl i SCHEDULE `A' TO BY -LAW NO. 2009 -113 ENACTED PURSUANT TO ONTARIO MUNICIPAL BOARD ORAL DECISION P1090874 ISSUED , 2012 Clerk 1/,,DouAlas v n TOWNSHIP OF ORO- MEDONTE (FILE 2009- ZBA -07) IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, C. P.13, as amended Appellant: Appellant: Appellant: Subject: Municipality: OMB Case No.: OMB File No.: APPEARANCES: Parties Township of Oro - Medonte Gord Roehner Denis Paccagnella Try Recycling (Barrie) Inc. Denis Paccagnella Gord Roehner Bill Tasker By -law No. 2009 -113 Township of Oro - Medonte PL090874 PL090874 4 MAY 0 G 2012 ORO- MEDONTE --TOWNSHIP Counsel* /Representative C. Williams* E. Cormier* Gord Roehner and Denis Paccagnella appealed Township of Oro - Medonte ( "Town ") Zoning By -law No. 2009 -113 ( "by -law ") pursuant to subsection 34(19) of the Planning Act. The by -law establishes permission to locate a recycling facility on Town -owned lands ( "subject property "), different portions of which are currently used for licensed aggregate extraction and for a municipal works yard. A third individual, William Tasker, also appealed the by -law. Earlier in this process, Mr. Tasker's appeal was deemed abandoned as a consequence of his failure to comply with an order of the Board and dismissed. - 2 - PL090874 Messrs. Roehner and Paccagnella, with representatives for the Town and Try Recycling (Barrie) Inc. ( "Try"), participated in a Board - convened mediation to address concerns relating to the use permitted by the by -law. The Parties were successful resolving their differences through that process and executed minutes of settlement. They requested the Board to convene this proceeding as a settlement hearing. The Board received evidence from three witnesses. Klaus Kuch and Ann Truyens each testified as a participant in opposition to the by -law. Andria Leigh, the Town's director of development services, testified in support of the by -law in a modified form, which is addressed in detail below. The appeals filed by Messrs. Roehner and Paccagnella are allowed in part. By -law No. 2009 -113 is modified to clarify the definition of a recycling facility, and is approved in its modified form. The Board's reasons and analysis follow. Mr. Kuch resides approximately 10 kilometres from the location of the proposed recycling facility. He testified about two concerns: the amount of truck traffic that the proposed facility will generate; and what he believes is a potential for groundwater contamination. During cross - examination, Mr. Kuch was asked whether he had any reason to disagree with the traffic assessment work completed by Try's transportation engineering consultant demonstrating that the proposed recycling facility will not be a major truck traffic generator. He told the Board that he did not trust that conclusion based on a previous experience with what other consulting engineers had told him about airport noise. Mr. Kuch acknowledged that a Ministry of the Environment (MOE) Certificate of Approval will be required for the proposed facility, and that the process for assessing an application for a certificate will address groundwater considerations. He also acknowledged that that process provides an opportunity for public input. Ms. Truyens resides approximately 5'/ kilometers from the location of the proposed recycling facility. She too testified about concerns relating to groundwater contamination. Like Mr. Kuch, she acknowledged thaf the MOE Certificate of Approval process will address groundwater considerations. -3- PL090874 Neither Mr. Kuch nor Ms. Truyens elevated their respective concerns beyond speculation. The Board understands their concerns, and at the same time does not countenance supposition. As will be shown below, the principle of land use has been established in the Township's Official Plan. The Board finds, therefore, that the appropriate forum for advancing these concerns is the MOE Certificate of Approval process which will specifically address groundwater considerations. Andria Leigh is a Registered Professional Planner and Member of the Canadian Institute of Planners and the Ontario Professional Planners Association. She was qualified by the Board to provide expert opinion evidence on the subject of land use planning. Ms. Leigh was responsible for all aspects of Try's application to amend the Township's comprehensive zoning by -law to permit the proposed facility. She authored both the planning staff report to Council recommending approval of the application, as well as the by -law following Council's adoption of that recommendation. The Board finds that she has direct and thorough knowledge of the proposed facility and its planned operations. The proposed recycling facility is intended to recycle non - hazardous, inert materials, such as construction materials and other debris. The use is permitted in the Township's Official Plan. Upon receipt of materials shipped by truck, facility staff will weigh and sort materials such as wood, concrete, drywall, and asphalt shingles. Those materials would then be stockpiled in outdoor storage areas prior to shipment to other users. A scale house and small office round out the facility. Ms. Leigh testified that the by -law requires a modest modification to reconcile the zoning definition of recycling facility with the proposed operation. The definition of recycling facility set out in the Township's comprehensive zoning by -law stipulates that a recycling facility is to be contained within a wholly - enclosed building. Ms. Leigh testified that the proposed facility is intended to be an outdoor operation, as described above, and was never contemplated to be contained indoors. She tendered a modification to the by -law (Exhibit No. 9) to reflect and permit the operation as it was always intended. Ms. Leigh further testified that the by -law, both in its original form and as modified, is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and PL090874 conforms to both the County of Simcoe Official Plan and the Township's Official Plan. She opined that the by -law in its modified form represents good planning and commended its approval. Ms. Leigh's testimony and professional opinions were neither challenged nor contradicted. The Board adopts and relies on Ms. Leigh's planning evidence as its basis for approving By -law No. 2009 -113 as modified by Exhibit No. 9. The by -law will facilitate the implementation of a facility that will divert refuse materials away from landfill and is consistent with broader societal goals relating to effective waste management. The Board finds that the by -law is in the public interest. The appeals filed by Messrs. Roehner and Paccagnella are allowed in part and only to the extent necessary to modify the by -law as described above. By -law No. 2009 -113 in its modified form is attached to this decision as Attachment 1" and is approved. This is the order of the Board. "James R. McKenzie" JAMES R. McKENZIE VICE -CHAIR PL090874 ATTACHMENT "1" BY- LAW NO. 2009 -113 A By -law to amend the zoning provisions which apply to lands within Part of Lot 11, Concession 8 (Former Township of Oro), now in the Township of Oro- Medonte (2009- ZBA -07) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of a recycling operation, in accordance with Section C12 of the Official Plan; NOW 'THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule `Al2' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 11, Concession 8, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from Mineral Aggregate Resource One (MAR1) Zone to the Mineral Aggregate Resource One Exception Holding (MAR1 *189(H)) Zone as shown on Schedule `A' attached hereto and forming part of this By -law. 2. That Section 7 *189 is hereby amended by adding the following: " *189 Part of Lot 11, Concession 8 (Oro) Notwithstanding any other provision in this By -law, a Recycling Establishment is permitted on the lands denoted by the symbol *189 on the schedules to this By -law. Notwithstanding Section 6.0 Definitions, the Recycling Establishment permitted on the lands denoted by the symbol *189 on the schedules to this By -law, is defined as "premises or area of land in which used materials are received, separated, and /or processed prior to shipment for further use as new or recycled products or for offsite disposal. The lands are to be subject to a Holding provision. Prior to the lifting of the Holding Provision, Council shall be satisfied that: (a) The required Certificate of Approval from the Ministry of Environment has been obtained; (b) A site plan agreement pursuant to Section 41 of the Planning Act has been entered into." 3 This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 21" DAY OF AUGUST, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF AUGUST, 2009. Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1 By-lal F_. This is Schedule W to By -Law 2009 -113 passed the 21 st day of August, 2009. Mayor H.S. Hughes Clerk J. Douglas Irwin TOWNSHIP OF ORO- ME®ONTE (FILE 2009- ZRA -07) Approved as modified by the Ontario Municipal Board on April 5, 2012 THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2009 -113 A By -law to amend the zoning provisions which apply to lands within Part of Lot 11, Concession 8 (Former Township of Oro), now in the Township of Oro - Medonte (2009- ZBA -07) WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of a recycling operation, in accordance with Section C12 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Schedule `Al2' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 11, Concession 8, in the former geographic Township of Oro, now in the Township of Oro - Medonte, from Mineral Aggregate Resource One (MAR1) Zone to the Mineral Aggregate Resource One Exception Holding (MAR1 *189(H)) Zone as shown on Schedule `A' attached hereto and forming part of this By -law. 2. That Section 7 *189 is hereby amended by adding the following: `189 Part of Lot 11, Concession 8 (Oro) Notwithstanding any other provision in this By -law, a Recycling Establishment is permitted on the lands denoted by the symbol *189 on the schedules to this By -law. The lands are to be subject to a Holding provision. Prior to the lifting of the Holding Provision, Council shall be satisfied that: (a) The required Certificate of Approval from the Ministry of Environment has been obtained; (b) A site plan agreement pursuant to Section 41 of the Planning Act has been entered into." 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST AND SECOND TIME THIS 21ST DAY OF AUGUST, 2009. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF AUGUST, 2009. Schedule 'A' to By -law No. 2009 -113 This is Schedule 'A' to By -Law 2009 -113 passed the 21 ST day of August, 2009. OS s �j 1 F —t Subject La-. - - MR R,, R D W. q TOWNSHIP OF ORO- MEDONTE (FILE 2009- ZBA -07)