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08 21 2009 SpCouncil Agenda1TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS Township of ~ (W ~i,~tel DATE: FRIDAY, AUGUST 21, 2009 Proud Heritage, Excitbkz Future TIME: 9:00 A.M. Page 1. OPENING OF MEETING BY THE MAYOR 2. PRAYER/CONTEMPLATION/REFLECTION 3. ADOPTION OF AGENDA Motion for Adoption (AS AMENDED TO DEFER ITEMS 5a), 5b) AND 6d)). 4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 5. REPORTS OF MUNICIPAL OFFICERS: a) Report No. TES 2009-28, Jerry Ball, Director of Transportation and Environmental Services, re: Burl's Creek - Live Nations Music Festival (DEFER). b) Report No. FD 2009-29, Richard Playfair, Director of Fire & Emergency Services, re: Burl's Creek - Live Nations Music Festival (DEFER). 3-13 c) Report No. DS 2009-56, Andria Leigh, Director of Development Services, re: Township Official Plan and Zoning By-law Amendments (Try Recycling), Concession 8, Part of Lot 11 (Oro), 2009-OPA-01 and 2009-ZBA-07. 6. IN-CAMERA ITEMS: a) Motion to go In-Camera b) Motion to Rise and Report c) Andria Leigh, Director of Development Services, re: Property Matter (TRY Recycling). d) Robin Dunn, Chief Administrative Officer, re: Legal Matter (Tax Registration) (DEFER). Page 1 of 50 Page 7. BY-LAWS: 14-47 a) By-Law No. 2009-112 Being a By-law to Adopt Amendment No. 29 to the Official Plan (Township -Try Recycling). 48-49 b) 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). 8. CONFIRMATION BY-LAW 50 a) By-Law No. 2009-109 Being a By-Law to Confirm the Proceedings of the Special Council Meeting Held on Friday, August 21, 2009. 9. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 10. ADJOURNMENT Motion for Adjournment Page 2 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... Tujnshi, a)f REPORT Proud Heriti ~qe, Exciting Future Report No. To: Council Prepared By: DS 2009-056 Andria Leigh Meeting Date: Subject: Township Official Plan Motion # August 21, 2009 and Zoning By-law Amendments (Try Recycling), Concession 8, Roll Part of Lot 11 (Oro), 2009-OPA-01 R.M.S. File D09 39179 010-003-34400 and 2009-ZBA-07 D14 39178 RECOMMENDATION(S): Requires Action For Information Only It is recommended: 1. THAT Report No. DS 2009-056 be received and adopted; 2. THAT Council support the adoption of the appropriate Official Plan and Zoning By-law amendments to permit a recycling establishment on a portion of the subject property; 3. THAT the appropriate Official Plan Amendment and Zoning By-law Amendment be brought forward for Council consideration; and 4. THAT the applicant be advised accordingly of Council's decision. BACKGROUND: The purpose of this report is to assess application for a Site Specific Official Plan and Zoning By-law Amendments for lands located in Part of Lot 11, Concession 8 owned by the Township of Oro-Medonte. The subject parcel is 62 acres in land area. The proposed use of a portion of the subject lands is for a recycling operation which is intended to recycle non-hazardous inert materials, such as construction materials and other debris brought to the site, sorted on site, and then shipped to other users of the product. The trucks would dump the materials onto a large mobile conveyor belt where workers would physically separate and sort different items into stockpiles of like materials such as wood, concrete, asphalt shingles, drywall and other items. A scale house and office building are proposed as part of the operation (Attachment #2 -Conceptual site plan). The subject property fronts onto County Road 11 (Old Barrie Road) and Line 7 North, where the two accesses to the site exist. The lands are approximately 25 hectares (62 acres) and slope towards the east side of the site. The majority of the site is disturbed due to the historical use of the site for aggregate operations and a public works facility. The east side of the property, which has not to date been excavated under the current aggregate license, is relatively undisturbed and is wooded with primarily pine plantations and a sugar maple forest. DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Pagel of 11 Page 3 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... The surrounding land uses are as follows: North: Wooded lands and unopened road allowance East: Old Barrie Road, residential dwellings South: Old Barrie Road West: Aggregate operations The lands are currently licensed for an aggregate operation for the municipality including the storage of materials for transport to the landfill and household hazardous waste site. The site is also the location of one of the Township's municipal works facilities. The application proposes to amend the Official Plan and Zoning By-law to permit a recycling establishment, with weigh scales, an office building, and outdoor storage areas for sorting and recycling. This use will occur while the existing aggregate operation and municipal work facility continue to operate on the site. No composting is proposed as part of this application. A Ministry of Environment Certificate of Approval for the operation of the recycling establishment will be required. The following documents were submitted in support of the application: 1. Traffic Impact Statement dated September 2008; 2. HydrogeologicaUHydrological Assessment dated July 2009; 3. Ontario Endangered Species Act Assessment dated July 2009. A conceptual plan has been submitted; however a detailed site plan will be required to support the Certificate of Approval necessary from the Ministry of Environment and to remove the Holding provision and implement the zoning. The two conditions required to remove the Holding provision that will have to be satisfied before development can take place include the entering into of a site plan agreement and the issuance of the required Certificate of Approval from the Ministry of the Environment. The Township will also participate in the Certificate of Approval process. The Ministry will not process the Certificate of Approval until the lands are appropriately designated and zoned. It is anticipated that the site plan could incorporate information such as: hours of operation. Estimated hours of operation for the receiving of materials at the site would be Monday to Friday 7:00am to 6:00pm and Saturdays 7:00am to 2:00pm), monitoring of noise levels (if required), surface and ground water monitoring, and storm water management. The C of A application process would address the type of water and volumes, traffic and hours of operation, material inspections, equipment and facility inspections, buffering, security, noise, odour, dust impacts, surface and groundwater quality. ANALYSIS: As noted above, the lands are designated Mineral Aggregate Resources -Licensed and are proposed to permit a recycling establishment in addition to the current public works facility and aggregate operation. The Mineral Aggregate Resources -Licensed designation permits the extraction of stone, gravel, sand and other aggregates and associated operations such as crushing, screening, washing aggregate storage and accessory uses including an aggregate transfer station and the recycling of used concrete and asphalt. It is the opinion of staff that the addition of a recycling establishment would be considered an extension to these already permitted uses contained in the policies and would have the same potential impacts as the DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 2 of 11 Page 4 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... permitted uses occurring on the site. The proposed use is also subject to a Certificate of Approval which provides an additional level of monitoring and oversight. The Official Plan and Zoning By-law Amendments would be approved conditional on obtaining the required Certificate of Approval from the Ministry of the Environment. As indicated the C of A process will require the submission of a number of studies in support of the application including stormwater management, hydrogoloegy, detailed site plans, and a detailed description of the site and proposed use. The actual certificate will incorporate the following matters: types of materials to be received and managed at the facility, volumes permitted, and special handling requirements, traffic management and hours of operation, inspection of incoming materials, implementation of training for staff, spill reporting, equipment and facility inspection, buffering and site maintenance, noise, dust, odour, pest and other impact management, surface and groundwater quality monitoring, financial assurance to be secured with the Ministry. At the time of the public meeting, the following operation details were provided in association with the current application: Traff ic Management Past experience has shown that a recycling facility of this nature sees less commercial traffic than aggregate sites. That being said, the operator will conform to municipal requirements and has taken steps to minimize any effects such as providing for a right turning land, locating the entrance off of 7th line (a lesser used roadway than Old Barrie Road) and physically separating residential and commercial vehicles on the site for safety and peace of mind. Also, the 7th Line is an existing commercial hauling route. A traffic assessment was completed by Aecom in regard to the proposed truck traffic, it is anticipated that the site operation will generate 50 truck movements daily into and out of the recycling site. It is anticipated that during a peak hour, the recycling establishment would generate 9 vehicles into the site and 9 vehicles out of the site based on 50 vehicles per day, operating 12 hours a day Lighting Issues In the interest of safety, aesthetics and convenience, sufficient lighting infrastructure will be provided in all traffic areas including roadways, building(s) and equipment areas. Noise and Dust (i.e. Air Concerns) Past experience has shown that a recycling facility of this nature produces a very minimal amount of dust and noise pollution when compared to an aggregate facility. A dry goods recycling facility is concerned with the screening and separation of materials rather than crushing as in an aggregate pit. As a result, loud grinding material is not required. Further, several mitigation methods will be employed including existing slope berms, natural barriers in the form of trees and landscaping, surfaced haul roads and dust control outfits on processing equipment. Smell and Odour (i.e. Air Concerns) This recycling facility will be licensed to accept solid non-hazardous waste materials predominately from construction and demolition applications. Past experience in this application DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 3 of 11 Page 5 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... has shown that odours are not an issue with these materials and that natural barriers such as berms and tree lines will help to alleviate any potential issues. Equipment A recycling facility of this nature will require certain pieces of equipment, all with dust mitigation ouff its and designed for recycling applications. Generally this may include a wheel loader, trommel screen for separation of material, and scale system for weighing and inspecting inbound and outbound traffic. Hours of Operation Estimated hours of operation for the receiving of materials at the site would be Monday to Friday 7:00am to 6:00pm and Saturdays 7:00am to 2:00pm and is consistent with similar sites operating in the province of Ontario. Number of employees 12-15 employees (estimate) Estimated annual tonnage 40, 000-50,000 tonnes per year in shorter term (5 year time frame) Leaching and Water Management This recycling facility would accept only solid non-hazardous waste thereby ensuring inert material arrives on site. All loads will be inspected by trained personnel and material not fitting the solid non-hazardous classification will not be accepted. In addition, the Ontario Ministry of the Environment sets guidelines pertaining to storm water management and proper monitoring of any water to ensure no leaching off site and will be included in the Certificate of Approval. Provincial Policy Statement The applications are subject to the Provincial Policy Statement issued under Section 3 of the Planning Act which came into force and effect March 1, 2005. The effective policies which the application has to have regard to, relate to Section 2.5 Mineral Aggregates and 2.2 Water. Section 2.5 of the Provincial Policy Statement speaks to Mineral Aggregate Resources, specifically it is the intent of the PPS to protect mineral aggregate resources for long-term use (S.2.5.1). As it relates to the proposal before Council, Section 2.5.2.3 applies. This section states that "the conservation of mineral aggregate resources should be promoted by making provision for the recovery of these resources, whenever feasible." There are a number of policies which are intended to preclude the development of uses that may hinder the extraction of aggregate in the future. The intent of the policies is to ensure that resource uses continue to be feasible on lands that are the site of a resource. As the lands proposed to be utilized for the recycling establishment have been previously extracted the proposed development and potential hindering of resource extraction is not considered to be an issue. Therefore permitting the establishment of a recycling establishment is consistent with the PPS. DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 4 of 11 Page 6 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... Furthermore, the PPS protects aggregate operations from developments which would hinder the operation. It is planning staff's opinion and the opinion of the Director of Transportation and Environmental Services that a recycling establishment would not hinder the current operation on the balance of the Township lands. In this instance, the recycling plan is only permitted through a lease agreement with the Township. This provides protection for the current municipal operation and the proposal is consistent with the PPS. Section 2.4 of the PPS -Water requires planning authorities to protect, improve or restore the quality and quantity of water by identifying surface water features, ground water features, hydrologic function and natural heritage features. On this basis Azimuth Environmental Consulting completed a Species at Risk Assessment and a Hydrogeological/Hydrological Assessment as required by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has advised the Township they are satisfied with the assessments submitted and have no objection to the approval of the proposed amendments to the Official Plan and Zoning By-law to permit the recycling establishment. They have specified that the following be addressed through the site plan and C of A processes: • Establishment of surface and ground water monitoring, • Identification and storage of non-recyclable materials (if any); • Means to prevent containment • Effective storm water management Based on the analysis above, it is planning staff's opinion that the proposal is consistent with the PPS. FINANCIAL: N/A POLICIES/LEGISLATION: Planning Act Township Official Plan County Official Plan Provincial Policy Statement CONSULTATIONS: Lake Simcoe Region Conservation Authority Planning Division staff ATTACHMENTS: Attachment 1: Subject Lands Attachment 2: Conceptual Plan Attachment 3: LSRCA Approval Attachment 4: Proposed Zoning By-law Amendment DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 5 of 11 Page 7 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... I CONCLUSION: Given the work that has been completed in support of the application, the review of the traffic impacts, and the review of the environmental impacts and the Lake Simcoe Region Conservation Authority has indicated that they have no objections to the proposal. It is noted that the Ministry of the Environment will have to consider the information provided as part of the Certificate of Approval process and will also have to make this determination. On this basis, it is recommended that Council give favorable consideration to the approval of the Official Plan and Zoning By-law Amendments. Respectfully sub itted: Andria Leigh, M P, RPP Director of Development Services SMT Approval / Comments: C.A.O. Approval / Comments: DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 6 of 11 Page 8 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... ATTACHMENT 1: LOCATION MAP LANDS TO BE REDESIGNATED AND REZONED TO PERMIT ARECYCLING ESTABLISHMENT i s to W Z~ J i ( i € I C7LD BARRIE - w Z; Z] ~i I 4 I 1 I i DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 7 of 11 Page 9 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... ATTACHMENT 2: CONCEPTUAL PLAN ORO-MEDONTE I COMMUNITY ENVIRONMENTAL E ~ . CENTRE i ~ CONCEPTUAL SITE PLAN - TOWNSHIP OFORO-MEDONTE i f 1 SCALE: 1:750M i I i PI{ADUGT i 1 PRODUCT A3EA 1 t AREA 1 I........._.... i vPfPM V. Nt11YKCWW ~EKCx 1x ' ~LJ Jc ( 1 excT, MUMICIPAL i J\ G I I C YARD t ~ Y MATERWS 1 d PR CJ ~ 5, y V rt ~ I ~ t i t 3 Lv - ✓ l__ mewcrs 5.,.. , ,,,t1 . . k 7 , - - - - - - - - - - - - - _ ' ~ f ECUPMENT STORAGE t ( , ~ MSMG BLUFF r DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-066 Page 8 of 11 Page 10 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... ATTACHMENT 3: LAKE SIMCOE REGION CONSERVATION AUTHORITY RESPONSE August 12, 2009 IMS No.: P0FG7,PZ0A28C1 Ms. Andria Leigh, MCIP, RPP ,N,.. Director of Development Services Township of Oro-Medonte 148 Line 7 South, P.O. Box 100 Oro, ON T<L 905_89S.>2al LOL 2X0 1-600-463-0437 P>x 90"S3_5881 E.MaiL inC a%b~ca.on.ca Dear Ms. Leigh: WCN. www,Iftta.UO.CI 120 Bnyvicw Parkway Re: Official Plan and Zoning By-Law Amendments Bex282 Your File: 2009-OPA-01 and 2009-ZBA-07 i34',k"'Oni Part Lot 11, Concession 8 (1525 Line 7 North) Township of Oro-Medonte County of Simcoe Thank you for providing the Lake Simcoe Region Conservation Authority (LSRCA) with Notice of a Public Meeting with regard to the above-noted applications. We understand that the purpose and effect of these amendments will allow for a recycling establishment (storage and processing of recyclable materials) within an existing licensed aggregate operation. The LSRCA has reviewed the hydrogeological and species at risk. evaluations prepared by Azimuth Environmental Consulting Inc. in support of the amendments. Based on these evaluations, the LSRCA has no objection to the approval of these amendments as we note that the following can be addressed through the subsequent municipal site plan process, provincial (Ministry of Environment) Certificate of Approval process, and site plan process under the Aggregate Resources Act: , Establishment of surface and ground water monitoring • Identification and storage of non-recyclable materials • Means to prevent contamination (containment) • Effective storm water management A PieaseRrovide us with any Notice of Decision on this matter. Watershed For- ife ChaFle$ F. u e9s, MCIP,RPP Piannird olicy Coordinator CB/jt DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 9 of 11 Page 11 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... ATTACHMENT 4: PROPOSED ZONING BY-LAW AMENDMENT 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 `A12' 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 DAY OF AUGUST, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 10 of 11 Page 12 of 50 Agenda Item # 5c) - Report No. DS 2009-56, Andria Leigh, Director of Development... Schedule 'AI to By-la w No, 2009-113 This is Schedule 'A' to By-Law 2009-113 passed the day of August, 2009. Mayor H.S. Hughes Clerk J. Douglas Irwin ~S Subject La' - i E 7 E i E if „ V W. ~j E TOWNSHIP OF ORO-MEDONTE (FILE 2009-ZBA-07) DEVELOPMENT SERVICES Meeting Date August 21, 2009 Report No. DS 2009-056 Page 11 of 11 Page 13 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... [THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-112 Being a By-law to Adopt Amendment No. 29 to the Official Plan WHEREAS The Corporation of the Township of Oro-Medonte is empowered to Amend its Official Plan as required; AND WHEREAS the process for considering such an Amendment was in accordance with Section 17 and 21 of the Planning Act, R.S.O. 1990 c.P 13. AND WHEREAS the amendments to the Official Plan are deemed to be appropriate and in the public interest: NOW THEREFORE it is resolved that: Amendment Number 29 to the Official Plan, attached hereto as Schedule 'A-1 " and forming part of this By-Law, is hereby adopted and; 2. This By-law shall come into force and take effect as specified in the Planning Act R.S.O. 1990, c.P. 13. BY-LAW READ A FIRST AND SECOND TIME THIS 21St DAY OF AUGUST, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H. S. Hughes Deputy Clerk, Janette Teeter Page 14 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Schedule 'A-1' Official Plan Amendment No. 29 Township of Oro-Medonte This is Schedule 'A-1' to By-Law No. 2009-112 passed the day of 2009. Mayor, H. S. Hughes Deputy Clerk, Janette Teeter SUBJECT LANDS REDESIGNATED TO PERMIT A RECYCLING ESTABLISHMENT Page 15 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... OFFICIAL PLAN AMENDMENT NO.29 (TOWNSHIP -TRY RECYCLING) TOWNSHIP OF ORO-MEDONTE Page 16 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... AMENDMENT NO.29 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF ORO-MEDONTE The attached explanatory text and Schedule "A" constituting Amendment No.29 to the Official Plan of the Township of Oro-Medonte, was prepared and adopted by the Council of the Corporation of the Township of Oro-Medonte, by By-law No. 2009-112 in accordance with the provisions of Section 17 and 21 of the Planning Act, R.S.O. 1990, Chapter P.13, as amended. Mayor Clerk Page 17 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NUMBER 2009-112 A By-Law to adopt an Amendment to the Official Plan of the Township of Oro-Medonte WHEREAS Section 21 of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that Council may amend its Official Plan; AND WHEREAS the policies of the Official Plan of the Township of Oro-Medonte are approved and in force and effect at this time; AND WHEREAS Council has considered the appropriateness of amending the Official Plan in regard to lands within Concession VIII, Part of Lot 11, Township of Oro-Medonte; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and desirable to adopt an amendment to the Official Plan of the Township of Oro- Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1.0 THAT the attached explanatory text and Schedule, "A" which constitutes Amendment No. 29 to the Official Plan of the Township of Oro-Medonte, is hereby adopted; 2.0 THAT the Clerk is hereby authorized and directed to make application to the County of Simcoe for approval of the aforementioned Amendment No.29 to the Official Plan of the Township of Oro-Medonte; and 3.0 THAT this By-law shall come into force and take effect in accordance with the provisions of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended. READ A FIRST AND SECOND TIME MAYOR THIS DAY OF 2009 CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009 MAYOR CLERK 3 Page 18 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... CERTIFICATION Certified that the above is a true copy of By-law No. 2009 - 112 as enacted and passed by Council of the Corporation of the Township of Oro-Medonte on the day of August, 2009. Clerk Page 19 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... TABLE OF CONTENTS CONSTITUTIONAL STATEMENT PART 1- THE INTRODUCTION 1.1 TITLE 1.2 COMPONENTS 1.3 BACKGROUND 1.4 LOCATION 1.5 BASIS OF THE AMENDMENT 1.5.1 Application 1.5.2 Proposal and Site History 1.5.3 County of Simcoe Planning Policies 1.5.4 Township of Oro-Medonte Planning Policies 1.5.5 Zoning 1.5.6 Conclusions PART 11- THE AMENDMENT 2.1 PREAMBLE 2.2 DETAILS OF THE AMENDMENT 2.3 IMPLEMENTATION 2.4 INTERPRETATION SCHEDULE `A' PART 111- THE APPENDICES Appendix 1: Traffic Impact Assessment Appendix 2: Species at Risk Assessment Appendix 3: Hydrogeological/Hydrological Assessment Page 20 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... THE CONSITUTIONAL STATEMENT The following amendment to the Official Plan of the Township of Oro-Medonte consists of three parts. PART I - the Preamble - consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment. PART II - The Amendment - consisting of the following text and Schedule "A", constitute Amendment No.29 to the Official Plan of the Township of Oro-Medonte. PART III - The Appendices - consisting of the background data associated with this Amendment. This section does not constitute part of the actual Amendment. 6 Page 21 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Page 22 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... 1.5.2 Proposal and Site Histor The site has been utilized for municipal works and aggregate operations for a significant number of years. The current aggregate license issued in 1991 permits the current use of the site for the works operations and storage of household waste materials prior to transfer to other facilities. The proposal is to provide an additional use of a portion of the lands which have been extracted to be utilized for a recycling establishment subject to a Certificate of Approval from the Ministry of the Environment. The proposed use of a portion of the subject lands is for a recycling operation which is intended to recycle non-hazardous inert materials, such as construction materials and other debris brought to the site, sorted on site, and then shipped to other users of the product. The trucks would dump the materials onto a large mobile conveyor belt where workers would physically separate and sort different items into stockpiles of like materials such as wood, concrete, asphalt shingles, drywall and other items. A scale house and office building are proposed as part of the operation The site has existing access from Line 7 North and the propose use necessitates the construct of a right turn taper lane. The total site area is 25 ha (62 acres). 1.5.3 County of Simcoe Planning Policies The County of Simcoe Official Plan, Schedule 5. 1, Land Use Designations, applies the Greenland designation to the site; while Schedule 5.2.1 identifies the site in the Licensed Pits and Quarries. It is offered that the proposed development does not offend any of the policies of the County Official Plan. 1.5.4. Township of Oro-Medonte Planning Policies The Official Plan for the Township contains Section C12 - Mineral Aggregate Resources which apply to the subject lands. In general, the policies provide for the protection of potential aggregate resources deposits and recognize existing aggregate operations, such as the Township's license lands. The proposed amendment to expand the uses to include the recycling establishment on a portion of the subject lands would be an extension of the current permitted uses which include the extraction of stone, gravel, sand and other aggregates and associated operations such as crushing, screening, washing aggregate storage and accessory uses including an aggregate transfer station and the recycling of used concrete and asphalt. The subject site is designated "Mineral Aggregate Resources -Licensed" on Schedule "A" to the Official Plan. The proposed amendment will continue to see the site designated "Mineral Aggregate Resources -Licensed." An exception is proposed to be 8 Page 23 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... added to the text in Section 12.5 to include the additional use of a recycling establishment. 1.5.5 Zoning Schedule A12 to the Township's Zoning By-law 97-95, as amended, places the subject site in the Mineral Aggregate Resource One (MAR 1) Zone. With the approval of the Official Plan Amendment, the concurrent Zoning Bylaw Amendment, places the lands in an exception zone - Mineral Aggregate Resource One Exception Holding (MAR1*189(H)) Zone which proposes the following text amendment: "*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." The amendment only comes into force and effect upon the approval of the Official Plan Amendment by the County of S imcoe. 1.5.6 Conclusions In summary, the proposed additional use of this site for a recycling establishment is an appropriate extension to the current municipal operations on the site and will provide a benefit to the local area. It is offered that the policies of the Township of Oro-Medonte Official Plan support the proposed development. For the reasons stated and set out herein, the proposed uses and development approval method are offered as being in conformity with, and supportive of, the policies contained within the Townships' Official Plan and the County of Simcoe Official Plan. Page 24 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Page 25 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... APPENDIX l: TRAFFIC IMPACT ASSESSMENT 11 Page 26 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... UH engineers architects planners September 18, 2008 Mr. Jerry Ball, CRSS Public Works Superintendent Township of Oro-Mcdonte P.O. Box 100 Oro, ON LOL 2X0 Dear Mr. Ball: Re: TRY Recycling Depot - Oro-Medonte Tomn Sims Hubicki Associates 654 Norris Court Kingston. Ontario. Canada K7P _1R9 (613) 389-3703 Fax: (613) 359-6719 Gmail: kingsion rvaccom.com As per your request, we have completed a traffic impact statement for the proposed TRY Recycling Depot on 7d' Line North in the Township of Oro-Mcdonte. This report contains a review of traffic conditions, projected operations, and recommends improvements to accommodate the project. Existing Conditions The location of site is shown in Figure 1 and Figure 2. The site is located north of the intersection of 7`h Line North and Old Barrie Road. Currently the site contains a gravel pit and a storage yard associated with a salt shed. Much of the property is treed and undeveloped. The site also has a residential recycling area for old fridges and similar materials. The property directly across 7'h Line North is a large gravel pit. Much of the property in this area is planned for mineral aggregate resources resulting in high truck percentages on the roadways. Adjacent Roads 7'* Line begins on the shore of Lake Simcoe in Oro Station and extends northwest across Highway 11, Old Barrie Road, Bass Lake Sideroad, and Horseshoe Valley Road until it ends at Ingrain Road near Carley. Adjacent to the site, 7`h Line climbs up a hill from the southeast to the northwest. Traffic volumes on 7`h Line are low (as shown in Figure 2) but there is a very high percentage of heavy vehicles using the road. The current site access is located approximately 350 meters away from Old Barrie Road. There is an additional access to the site located 15 meters from Old Barrie Road. The second access is not planned to provide access to the proposed recycling depot. Old Barrie Road (aka County Road 11) extends southwest from Orillia until it junctions with Highway 400 near Dalston. It provides access to the resource and agricultural lands in the area. The intersection with 7'h Line North is Stop-sign controlled with Old Barrie Road traffic having right of way over 7`h Line. The posted speed in the area is 80 km/h. There are no defined turn lanes at the intersection. Projected Impact The proposed recycling depot is not a major traffic generator. Based on projected operations, the site will generate 9 entering trips and 9 exiting trips during the a.m. and p.m. peak hours. The majority of traffic will arrive via the intersection of Old Barrie Road/7'h Line and will be entering the site at the main access Page 27 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Mr. Jerry Ball, Township of Oro-Medonte 2 September 18, 2008 with a right turn. They will be exiting with a downhill left turn. Regardless of the directional distribution of the entering and exiting traffic, the access will operate a high level of service and have a negligible impact on vehicle operations on 7`h Line. The very low traffic volumes on 7`h Line and the low trip generation of the site will not cause any operational issues at the site access. Due to the high percentage of heavy vehicles using 7"' Line (and potentially this site), the critical issue should be the design of a safe access on 7"' Line. This can be accomplished by removing the right turning vehicles from the through flow of traffic with a right turn lane at the main access. Based on previous work conducted by MHBC for a similar site, a 60-meter right turn lane is appropriate. Internal site operations have not been finalized but one of the known features will be a scale for weighing entering and exiting vehicles. The location and operation of the scale, or scales, will impact the operation of the access on 7'h Line. Internal site operations must not create a queue of vehicles that prevents vehicles from exiting 7"' Line thereby impacting operations on 7`h Line. The routing for vehicles exiting the site should also consider that there will be times when there are a few large trucks backed up on the access waiting to turn out of the site. The routing should avoid crossing exiting vehicles and entering vehicles close to 7`h Line. The main access should be a minimum of two lanes wide (one entering, one exiting) and would benefit from an additional exiting lane. The main access must have adequate sight triangles along 7" Line for both heavy vehicles and cars. Clearing of vegetation in the public right of way may be necessary. Recommendations Based on the analyses, we present the following recommended improvements for the study area: 1. Design and construct a 60-metre right turn lane on 7`h Line to accommodate vehicles turning into the site. This will enable the gravel trucks going up the hill on 7t' Line to maintain their momentum. 2. Design the operations of the scale system within the site to avoid queuing that could spill back onto 7`h Line. 3. Provide for a wide entrance/exit on 7`h Line that provides a minimum of one entering lane and one exiting lane. Two exiting lanes (left and right turns) would be optimal but not necessary. 4. Ensure adequate sight lines along 7'h Line at the access. If you have any questions or comments on the improvements we are recommending, please contact us at vour convenience Yours very truly, Stephen Sargeant, P.Eng., PTOE Senior Transportation Engineer D Page 28 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Page 29 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Mr. Jerry Ball, Township of Oro-Medonte September 18, 2008 4 Page 30 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... APPENDIX 2: SPECIES AT RISK ASSESSMENT 12 Page 31 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... -ACIMUT01 ENVIRONMENTAL CONSULTING, INC. Environmental Assessments & Approvals July 27, 2009 AEC 09-187 Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282 Newmarket, Ontario UY 4X1 Attention: Charles Burgess, Environmental Planner Re: Ontario Endangered Species Act - Clearance Letter Proposal for a Township of Oro-Medonte Community Environmental Centre Located in Part Lot 17, Concession 8 (Geographic Township of Oro), City of Barrie, County of Simcoe Dear Mr. Burgess: The purpose of the letter is to respond to your request a clearance letter regarding the Ontario Endangered Species Act (2007) as it relates to a proposed development of a Township of Oro-Medonte Community Environmental Centre to be located on the property defined above (Figure 1). The proposed Oro-Medonte Community Environmental Centre is to be comprised of a licensed recycling facility to be operated by Try Recycling (Barrie), Inc. for the storage and processing of recyclable materials on the lands identified on the lease schedule (attached, Figure 2). The materials to be accepted and recycled at the facility will include construction and demolition products such as concrete, wood, asphalt, and other inert construction materials. Because the recycling facility would accept only solid non- hazardous waste, issues relating to noiseldust, smell/odours and leachate are minimized. The only additional buildings associated with the recycling proposal, as identified on the concept plan (attached), are the office area adjacent to the scales (attached). The site was visited on July 2, 2009. The property is currently operating as a Township works department yard and areas of sand and gravel extraction operations. There is one accessory building associated with equipment and tool storage also on the property The site can be accessed via two existing driveways, one to the south of the property and the other located centrally along the west side, both from Line 7 North (Figure 2). The 229 Mapleview Drive East, Unit 1, Barrie, Ontario L4N Ow5 telephone: (705) 721-8451; fax: (705) 721-8926 info@azimuthenvironmental.com Page 32 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... majority of the property is disturbed due to the past land use activities with the vegetation communities being limited to pine plantation, young poplar forest, cultural woodlands or old field habitats (Figure 2). The east side of the property is relatively undisturbed by on- site activities and is comprised primarily pine plantation, middle-aged sugar maple forest and a small Cattail marsh (Figure 2). There are no other aquatic features or specialized vegetation communities (i.e. prairie, alvar habitats, etc.) present. The east side of the property has not been disturbed as part of the current aggregate extraction and remains in relatively undisturbed natural state. Currently, under the Ontario Endangered Species Act (2007) Schedule 1 species are protected along with their habitat while the Schedule 3 and 4 species, only individuals are protected and not yet their habitats (Table 1). There is no habitat present for any of the Schedule 1 species and no other species covered under the Ontario Endangered Species Act (2007) was observed during the site visit. The County of Simcoe with the help of MNR has put together lists of Species at Risk (SAR) with the greatest potential to occur by Municipality. Within the Township of Oro- Medonte the SAR to addressed specifically in a screening document include: Butternut (Juglans cineria) - Endangered, Eastern Hog-nosed Snake (Heterdon platirhinos) - threatened, Blanding's Turtle (Emydoidea blandingii) - threatened, Milksnake (Lampropeltis triangulum) - special concern. Butternut grows best in rich, moist, well-drained soils and gravel sites where limestone is present and are intolerant of shade, Butternut is often found in open areas such as shallow valleys, edges of streams and rivers, fence lines or fields (MCCR, 2009). Although abundantly found through the majority of the County of Simcoe, no Butternut trees were found during the site visit to the property. Eastern Hog-nosed Snake prefers sandy upland fields, pastures, savannahs, sandy beaches, and dry open oak-pine-maple forest with sandy soils in areas greater than 5ha (MNR, 2000). Although the site has exposed sandy soils in conjunction with a small wetland, the potential for the site to be utilized by Hog-nosed Snakes is minimal because of the active aggregate operations and the small fragmented nature of the habitat. Blanding's Turtle prefer to inhabit networks of lakes, streams, and wetlands, preferring shallow wetland areas with abundant vegetation (MCCR, 2009). They can also spend significant portions of time in upland areas moving between wetlands (MCCR, 2009). The wetland habitat located on the property, although permanent, is both too small and too isolated to provide valuable habitat for Blanding's Turtles. Milksnake are habitat generalists and will use farmlands, meadows, hardwood or aspen stands, pine forest with brushy or woody cover and river bottoms, often utilizing logs, stones, boards and outbuildings for shelter (MNR, 2000). Although the site may have potential habitat for Milksnake, this species, as a habitat generalist, can often adapt to Page 33 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... anthropogenic activities and where land use changes or human activity cannot be tolerated, this species will temporarily or permanently leave the site to find other areas to live. The Ontario Ministry of Natural Resources' (OMNR) Natural Heritage Information Centre (2009) has two element of occurrence records on lands adjacent to the subject property, one for a Tufted Titmouse (Baeolophus bicolor) from 1985 and one for the Common Grey Fox (Urocyon cinereoargenteus), undated (NHIC, 2009 appended). Tufted Titmouse is an area sensitive species requiring at least 4 ha of shrub and sapling growth near water in conjunction with mixed or deciduous forests, moist bottomlands or swamps (MNR, 2000). The Common Grey Fox prefer habitat comprised of hardwood forests with a mix of fields, woodlands and woods throughout its range which is often greater that 40 ha in size (MNR, 2000). Azimuth's has conducted numerous vegetation and wildlife surveys and habitat assessments throughout the Township of Oro-Medonte and in adjacent Municipalities, and have not documented the presence of any of the abovementioned species. The potential habitat provided by the property for the aforementioned species is sub-optimal, therefore there is no reasonable expectation these species would be present. We trust the information provided addresses your concerns regarding the Ontario Endangered Species Act (2007) as it relates to a proposed Community Environmental Centre at the location of an existing Township of Oro-Medonte Works Department and licensed aggregate operation. Do not hesitate to contact our office to discuss, if required. Yours truly, AZIMUTH ENVIROICiMENTAL CONSULTING INC. Bo ie yton Sc. Senior Biologis BAC: c.c. Andrea Leigh, Township of Oro-Mcdonte 3 Page 34 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... References Cited Committee on the Status of Endangered Wildlife in Canada (COSEWIC). 2002. http:;/`www.cosewic.ge.cat`eiiQ/set5liildex e.efin MacCulloch, Ross D. 2002. The ROM Field Guide to Amphibians and Reptiles of Ontario. Natural Heritage Information Centre internet web page. 2009. Government of Ontario, Ministry of Natural Resources (www.mnr.on.ca/MNR/iihic). Ontario Ministry of Citizenship, Culture and Recreation (MCCR). 2009. The Royal Ontario Museum, Ontario Species at Risk Website. www.rom.on.ca/ontario/index.". Ontario Ministry of Natural Resources (OMNR) 2000. Significant Wildlife Habitat Technical Guide 151p. 4 Page 35 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... d SIP i M Ca CUUS .2 iv o R o ~O c v m 0) w = e ui N v I o W -4 O ova I~1i d e 'DIY v " t ,4~ ~ r ~ by i' i • it. J ¢ ¢ b~ ~ - . . } . 5 « 111 - • ~ ~ y p~ N•I ~ A s , ~ t 1 49 x- i y Ile- Page 36 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Page 37 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... _A - APPENDED MATERIAL Page 38 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... 24 SCHEDULE"A" to a Lease between the Corporation of the Township of Oro-Medonte and Try Recycling (Barrie) Inc. A P t + tT': r k t rr i kr 8 ' r ~ K 4 !Y, y w i 4.4 n, ~r Page 39 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... d Z W w z H Z W ~Z 2 O~ g w W aa Z Z OOW U W zE LL iii a v V v~ x W z O= o . I t Page 40 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Page 41 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Natural Heritage Information Centre Tracks and maintains data on rare species in Ontario Page 1 of 1 Ministry of ` Ontario Natural Resources central site feedback site map fran ais MNR Links select a link Search MNR Sites G©! Search SearcFt Location: MNR Home > NHIC Home > Geographic Query Results Login Natural Heritage Information Centre User Options About Us GEOGRAPHIC QUERY REPORT Database Species Please note that this report displays results based on your current level of login access, and th i di ti h f Natural Areas e jur s c on you ave access or. Communities There are 1 element occurrence records in this area that you have public access to. Each Documents occurrence record (EO_ID) may have more than one separate observation associated with it Glossary (i.e. more than one row in this table). Coordinates are rounded down to within 1km. Please contact the local MNR district office ecologist if you require more details for these records Staff . Links UTM Centroid S EO ID S i tifi N C N k NHIC Site Map en c c ame ommon ame ran MNR COSEWIC Date - (rounded) Contact Us 35415 Urocyon Common Gray 17 612000 SNA THR THR cinereoar enteus Fox 4929000 Quick Links What's New g Report a Rare Species Geographic Query Species Search Herp Atlas Odonata Atlas Mailing List FAQ [ MEDIA CENTRE I PUBLICATIONS I MNR OFFICES I TELEPHONE DIRECTORY ] Central Site I Feedback I Search I Site Mao I Franca is Modified 06-27-2008 © Queen's Printer for Ontario. 2008 http://nhic.mnr.gov.on.ca/queries/species rep.cfm 17/08/2009 Page 42 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Natural Heritage Information Centre Tracks and maintains data on rare species in Ontario Page 1 of 1 } Minis" of tom' Ot"tario Natural Resources central site feedback site map I fran ais MNR Links select a link Search MNR Sites too! Search Search Location: MNR Home > NHIC Home > Geographic Query Results Login Natural Heritage Information Centre User Options About Us GEOGRAPHIC QUERY REPORT Database Species Please note that this report displays results based on your current level of login access, and th i di i h Natural Areas e jur s ct on you ave access for. Communities There are 1 element occurrence records in this area that you have public access to. Each Documents occurrence record (EO_ID) may have more than one separate observation associated with it Glossary (i.e. more than one row in this table). Coordinates are rounded down to within 1 km. Please contact the local MNR district office ecologist if you require more details for these records Staff . Links UTM Centroid EO ID S i tifi N C N NHIC Site Map c en c ame ommon ame Srank MNR COSEWIC Date - (rounded) Contact Us 4471 Baeolophus Tufted Titmouse 17 615000 S4 1985- bicolor 4930000 0 Quick Links What's New 6-18 Report a Rare Species Geographic Query Species Search Herp Atlas Odonata Atlas Mailing List FAQ [MEDIA CENTRE PUBLICATIONS I MNR OFFICES I TELEPHONE DIRECTORY Central Site I Feedback I Search I Site Map I Eran~ais Modified 06-27-2008 Queen's Printer for Ontario, 2008 http://nhic.mnr.gov.on.ca/queries/species rep.cfm 17/08/2009 Page 43 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... APPENDIX 3: HYDROGEOLOGICIAUHYDROLOGICAL ASSESSMENT 13 Page 44 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Z/ um ENVIRONMENTAL CONSULTING, INC. Environmental Assessments & Approvals July 29, 2009 Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282 Newmarket, Ontario UY 4X1 Attention: Charles Burgess, Environmental Planner AEC 09-187 Re: HydrogeologicaUHydrological - Clearance Letter Proposal for a Township of Oro-Medonte Community Environmental Centre Located in Part Lot 11, Concession 8 (Geographic Township of Oro), City of Barrie, County of Simcoe Dear Mr. Burgess: The purpose of the letter is to respond to your request for a hydrogeological evaluation of the potential impacts associated with the proposed development of a Township of Oro- Medonte Community Environmental Centre to be located on the property defined above (Figure 1). Specifically, if the proposed operation has the potential to impact the ground water quality. The site is currently operating as a Township works department yard and is licensed to extract sand and gravel from above the water table. The Township of Oro-Medonte proposes to uses the above mentioned property as a collection and processing facility, which will keep building materials out of landfill sites. The facility will be managed and operated by Try Recycling. Recycling would include construction and demolition products such as concrete, wood, asphalt, and other inert construction materials. In order to operate as a recycling facility, Try Recycling will be required to obtain a Certificate of Approval (CofA) from the Ministry of the Environment (MOE). If a CofA is issued, it will be drafted to address the site-specific considerations relevant to the proposal and will contain enforceable requirements that ensure environmental protection, compliance with legislation, and policy requirements. The CofA will contain "conditions" that describe the manner in which the facility is to be operated. 229 Mapleview Drive East, Unit 1, Barrie, Ontario L4N OW5 telephone: (705) 721-8451; fax: (705) 721-8926 info@azimuthenvironmental.com Page 45 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... \ A ground and surface water monitoring program will be a component of the CofA, which is intended to provide data that will characterize the current surface and ground water conditions in the vicinity of the site. The on-going monitoring program will provide confirmation that the operation of the recycling facility is not resulting in any adverse impacts to the natural environment. Specifically, contamination of the ground and/or surface water will not result from the recycling of inert materials. Based on the MOE water well information, the water table is approximately 14 m below ground surface at an elevation of approximately 280 masl. Based on the regional ground water flow system the ground water flows southward towards Lake Simcoe. Ground water recharge across the site will be enhanced in the areas of extraction, limiting surface water runoff. The water balance across the site will not change as a result of the proposed operations. Surface water which does flow from the site will be controlled through a storm water management facility as a condition of the sites CofA. The only surface water present on the property has been identified as a Cattail Shallow Marsh (Environmental Features; Figure 2 Oro Environmental Clearance Letter (July 2009). This marsh is confined between a long sinuous ridge to the northwest, west, and southwest, and Old Barrie Road to the northeast, east, and southeast. There is no potential impact anticipated from the proposed operations on this surface water feature. We trust the information provided addresses your concerns regarding the potential impact to water quality as it relates to a proposed Community Environmental Centre at the location of an existing Township of Oro-Medonte Works Department property. Do not hesitate to contact our office to discuss, if required. Yotite., AZIRONMENTAL CONSULTING INC. Tec., P.Geo Senior Hydrogeologist c.c. Andrea Leigh, Township of Oro-Medonte Page 46 of 50 Agenda Item # 7a) - Being a By-law to Adopt Amendment No. 29 to the Official Pla... Page 47 of 50 Agenda Item # 7b) - A By-law to amend the zoning provisions which apply to lands... 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 'A12' 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 DAY OF 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 48 of 50 Agenda Item # 7b) - A By-law to amend the zoning provisions which apply to lands... Page 49 of 50 Agenda Item # 8a) - Being a By-Law to Confirm the Proceedings of the Special Cou... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-109 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON FRIDAY, AUGUST 21, 2009 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Special Council Meeting held on Friday, August 21, 2009, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. 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. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Deputy Clerk, Janette Teeter Page 50 of 50