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Agenda Item # Page # mM FROM: 02-7751 I L. POMPlLll R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT SUBJECT: CITY OF LONDON OFFICIAL PLAN AND ZONING BYLAW AMENDMENT 3438 MANNING DRIVE PUBLIC PARTICIPATION MEETING ON MARCH 22,2010 @ 4:30 PM RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the Official Plan and zoning review of the City of London relating to a portion of the property located at 3438 Manning Drive: (a) the proposed by-law attached hereto as Appendix "A' BE INTRODUCED at the Municipal Council meeting on March 29, 2010 to amend the Official Plan by deleting Policy 10.1.3 xliii) relating to the City Landfill Site and Leachate Pre-treatmentlHauled Liquid Waste Facility at 3438 Manning Drive; and, (b) the proposed by-law attached hereto as Appendix "B BE INTRODUCED at the Municipal Council meeting on March 29, 2010 to amend Zoning By-law No. 2.-1, in conformity with the Official Plan, to change the zoning of a portion of the subject property at 3438 Manning Drive FROM an Agricultural Special Provision (AG2(2)) Zone TO a Waste and Resource Management (WRM1) Zone. ~ PREVIOUS REPORTS PERTINENT TO THIS MATTER January 19,2009 - Planning Committee A Report relating to a City initiated planning review process to amend the City's Official Plan and Zoning By-law to allow the future construction of a Leachate Pre-treatmenVHauled Liquid Waste Facility adjacent to the existing W12A Landfill site. This facility will "pre-treat" leachate from the landfill and septage from area haulers before pumping it through a new forcemain to the City's existing sewer system. Planning Committee also considered and approved the W12A Landfill Area Plan and the implementing Official Plan (OPA 462) and Zoning By-law for this area October 6, 2008 - Planning Committee Report relating to this matter was considered at Public Meeting to approve an Official Plan and Zoning By-law Amendment (02-7523) at 3438 Manning Drive to allow a leachate pre-treatment / hauled liquid waste facility to be located at this site. This matter was considered and presentations were made in the public participation portion of the Public Meeting. Planning Committee referred the matter back to staff to be reconsidered at the same time that the W12A Landfill Area Study went before Planning Committee. June 16,2008 - Environment and Transportation Committee Appointment of Consulting Engineer -Leachate Pre-Treatment Facility Environment and Transportation Committee - Report August 7, 2007. Project Timing Update -Water & Sewer Improvements around W12A Landfill Environment and Transportation Committee - Report September 11,2006 Construction of Watermain on Wellington Road South. 1

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Page 1: mM - London, Ontariocouncil.london.ca/CouncilArchives/Agendas/Planning Committee Agendas... · (b) the proposed by-law attached hereto as Appendix "B BE INTRODUCED at the Municipal

Agenda Item # Page # mM FROM:

02-7751 I L. POMPlLll

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

SUBJECT: CITY OF LONDON

OFFICIAL PLAN AND ZONING BYLAW AMENDMENT 3438 MANNING DRIVE

PUBLIC PARTICIPATION MEETING ON MARCH 22,2010 @ 4:30 PM

RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the Official Plan and zoning review of the City of London relating to a portion of the property located at 3438 Manning Drive:

(a) the proposed by-law attached hereto as Appendix "A' BE INTRODUCED at the Municipal Council meeting on March 29, 2010 to amend the Official Plan by deleting Policy 10.1.3 xliii) relating to the City Landfill Site and Leachate Pre-treatmentlHauled Liquid Waste Facility at 3438 Manning Drive; and,

(b) the proposed by-law attached hereto as Appendix " B BE INTRODUCED at the Municipal Council meeting on March 29, 2010 to amend Zoning By-law No. 2.-1, in conformity with the Official Plan, to change the zoning of a portion of the subject property at 3438 Manning Drive FROM an Agricultural Special Provision (AG2(2)) Zone TO a Waste and Resource Management (WRM1) Zone.

~

PREVIOUS REPORTS PERTINENT TO THIS MATTER

January 19,2009 - Planning Committee A Report relating to a City initiated planning review process to amend the City's Official Plan and Zoning By-law to allow the future construction of a Leachate Pre-treatmenVHauled Liquid Waste Facility adjacent to the existing W12A Landfill site. This facility will "pre-treat" leachate from the landfill and septage from area haulers before pumping it through a new forcemain to the City's existing sewer system. Planning Committee also considered and approved the W12A Landfill Area Plan and the implementing Official Plan (OPA 462) and Zoning By-law for this area

October 6, 2008 - Planning Committee Report relating to this matter was considered at Public Meeting to approve an Official Plan and Zoning By-law Amendment (02-7523) at 3438 Manning Drive to allow a leachate pre-treatment / hauled liquid waste facility to be located at this site. This matter was considered and presentations were made in the public participation portion of the Public Meeting. Planning Committee referred the matter back to staff to be reconsidered at the same time that the W12A Landfill Area Study went before Planning Committee.

June 16,2008 - Environment and Transportation Committee Appointment of Consulting Engineer -Leachate Pre-Treatment Facility

Environment and Transportation Committee - Report August 7, 2007. Project Timing Update -Water & Sewer Improvements around W12A Landfill

Environment and Transportation Committee - Report September 11,2006 Construction of Watermain on Wellington Road South.

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I \ I 1 LOCATION MAP

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Agenda item # Page # Fl bl 02-7751 I L. POMPlLll

Environment and Transportation Committee- Report July 17,2006 Water and Wastewater Servicing Agreement with London District Catholic School Board

Board Of Control - Report August 24 2005 Contract Award - Tender No. 05-67 ES5140 - Gordon Avenue Biofilter

Environment and Transportation Committee- Report September 29. 2003 Qualifying Principles for the Provision of Sanitary Sewage Services

Environment and Transportation Committee - Report November 25,2002 Appointment of Consulting Engineer Upgrades to Haded Liquid Waste Receiving Facilities Environmenta Assessment Project No ES5143 Environment and Transportation Committee - Report August 26, 2002 Sewer Gas Remediation Project

lr PURPOSE AND EFFECT OF RECOMMENDED ACTION 11 I' I1

At the January 19, 2009 Planning Committee meeting the following direction was given to staff:

IT BEING FURTHER NOTED that Municipal Staff will bring forward, to a future Public Meeting of Planning Committee, a possible Official Plan and Zoning By-law Amendment relating to portions of 3438 Manning Drive, to delete the Agricultural Special Provision (AG2(2)) Zone, should the recommended zone come into force and effect for that site, and replace it with the new Waste and Resource Management (WRMI) Zone being considered as part of the W12A Landfill Area Study review (02-7604). This review will also consider deleting the existing Chapter 10 specific policy (10.1.3 xliii) for 3438 Manning Drive and the adjacent landfill site.

The subject City initiated application has been submitted to consider an amendment to the City's Official Plan and Zoning By-law for a portion of the land located at 3438 Manning Drive. This action is being taken at the direction of Municipal Council as a bring forward item related to the adoption of the W12A Landfill Area Study.

This housekeeping amendment application includes deleting existing text of the Official Plan found in Chapter 10 - Policies for Specific Areas (10.1.3 xliii - City Landfill Site Policy) dealing with the subject site and the City's adjacent landfill site. OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete.

The proposal also includes amending the Zoning By-aw by removing the existing Agricultural Special Provision AGZ(2) Zone which currently applies to this site and replacing it with the Waste and Resource Management (WRMI) Zone, which was adopted to implement the W12A Landfill Area Study and OPA #462

I RATIONALE

1. OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete.

2. The Waste and Resource Management (WRMI) Zone was established by Municipal Council as part of the adoption of the W12A Landfill Area Plan and approval of OPA 462. This zone is specific to the lands located within the Waste Management and Resource Recovery Specific Policy Area as defined in the Official Plan. Applying the WRMI Zone to this site is consistent with the direction of Municipal Council, the adopted Area Plan and existing Official Plan Policy for this area

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LEGEND

m DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITYSHOPPING AREA

NEIGHBOURHODD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MIXED USE DISTRICT

m HIGHWAY SERVICE COMMERCIAL

RESTRICTED/HIGHWAY SERVICE COMMERCIAL

OFFICEAREA

0 DEFERRED AREAS

--I AREAS L - 4 UNDER APPEAL

OFFICE/RESIDENTIAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FACILITY

OPENSPACE

URBAN RESERVE - COMMUNITY GROWTH

RESTRICTED SERVICE COMMERCIAL URBAN RESERVE - INDUSTRIAL GROWH

COMMERCIAL POLICY AREA m RURAL SEITLEMENT

MULTI -FAMILY, HIGH DENSITY RESIDENTIAL

MULTl -FAMILY, MEDIUM DENSITY RESIDENTIAL 0 AGRICULTURE

LDW DENSITY RESIDENTIAL

ENVIRONMENTAL REVIEW

@ URBAN G R O W BOUNDARY

THIS IS A N EXCERFT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN. WITH ADDED NOTATIONS

CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

FILE NO. I 02-7551 LP I M A P PREPARED:

March 01,2010

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i

Zoning as of 2010 Feb 2L

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: AG2(2) OR . OFFICWRESIDENTIAL OC -OFFICE CONVERSION RO -RESTRICTED OFFICE OF -OFFICE

1) LEGEND FOR ZONlNG BY-LAWZ-7

R1 .SINGLE DETACHED DWELLINGS RF -REGIONAL FACILITY R2 .SINGLE AND TWO UNIT DWELLINGS CF -COMMUNITY FACILITY R3 . SINGLE TO FOUR UNIT DWELLINGS NF - NEIGHBOURHOOD FACILITY R4 . STREETTOWNHOUSE HER -HERITAGE R5 . CLUSTERTOWNHOUSE DC -DAYCARE R6 - CLUSTER HOUSING ALL FORMS R7 -SENIOR'S HOUSING OS -OPEN SPACE R8 -MEDIUM DENSlNlLOW RISEAPTS. CR -COMMERCIAL RECREATION R9 -MEDIUM TO HIGH DENSINAPTS. ER -ENVIRONMENTAL REVIEW R10 .HIGH DENSITY APARTMENTS R11 .LODGING HOUSE OB -OFFICE BUSINESS PARK

DA . DOWNTOWN AREA GI -GENERAL INDUSTRIAL RSA . REGIONALSHOPPING AREA HI -HEAVY INDUSTRIAL CSA - COMMUNIN SHOPPING AREA EX -RESOURCE EXTRACTIVE NSA - NEIGHBOURHOOD SHOPPING AREA UR .URBAN RESERVE BDC - BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL AG -AGRICULTURAL HS .HIGHWAY SERVICE COMMERCIAL AGC -AGRICULTURAL COMMERCIAL RSC -RESTRICTED SERVICE COMMERCIAL CC -CONVENIENCE COMMERCIAL TGS .TEMPORARY GARDEN SUITE SS -AUTOMOBILE SERVICE STATION RT .RAIL TRANSPORTATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL

LI .LIGHT INDUSTRIAL

RRC - RURAL SETTLEMENT COMMERCIAL

'"V -HOLDING SYMBOL "D" -DENSITY SYMBOL "H" . HEIGHTSYMBOL

2) ANNEXED AREA APPEALED AREAS ' ' E -BONUS SYMBOL '7" -TEMPORARY USE SYMBOL

FILE NO:

02-7551 LP CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT

MAP PREPARED:

201 0/03/01 CK

1 :12,000 0 60120 240 360 480

-Meters

8 ZONING

SCHEDULE A

BY-LAW NO. 2.-I

THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS

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Agenda Item # Page # F! 02-7751 I L. POMPlLll

3. The recommended zoning is compatible with the surrounding area, and the subject site is of sufficient size to accommodate the proposed use.

The Leachate Pre-treatment Facility, which is currently in final design, was supported by a completed Municipal Class Environmental.Assessment (EA), evaluated throughout the W12A Landfill Area Study and approved by Municipal Council as part of a previous public planning review application is a key component of the future operations of the W12A Landfill Site.

4.

BACKGROUND

11 Date Application Accepted: April 18, 2008 I Agent: NIA

REQUESTED ACTION: A City initiated application has been submitted to consider an amendment to the City's Official Plan and Zoning By-law for a portion of the land located at 3438 Manning Drive. This action is being taken at the direction of Municipal Council as a bring forward item related to the adoption of the W12A Landfill Area Study.

This housekeeping amendment application includes deleting existing text of the Official Plan found in Chapter 10 - Policies for Specific Areas (10.1.3 xliii - City Landfill Site) dealing with the subject site and the City's adjacent landfill site. OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete.

The proposal also includes amending the Zoning By-aw by removing the existing Agricultural Special Provision AGZ(2) Zone which currently applies to this site and replacing it with the Waste and Resource Management (WRMI) Zone, which was adopted to implement the W12A Landfill Area Study and OPA #462

11 SITE CHARACTERISTICS:

Current Land Use -Agricultural (City-Owned) Frontage - The frontage at 3438 Manning Drive measures 301 metres (988 feet) The frontage required for this proposal measures 150 metes (492 feet) Depth -The depth at 3438 Manning Drive measures 880 metres (2,887 feet) The depth required for this proposal measures 175 metres (574 feet) Area - The area of 3438 Manning Drive consists of 65 acres The area required for this proposal measures 6.5 acres Shaoe - rectanoular

SURROUNDING LAND USES:

North -Agricultural South -Agricultural East -Agricultural West - Municipal Landfill Site

OFFICIAL PLAN DESIGNATION:

Agricultural

OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands.

EXISTING ZONING:

I Agricultural Special Provision AGZ(2)

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Agenda Item # Page # Fi 02-7751 I L. POMPlLll

PLANNING HISTORY I1 In December of 2003, Earth Tech was retained to undertake a Schedule 'C' Class EA for upgrades to Hauled Liquid Waste Receiving Facilities for the City of London. On March 1st 2003, a Notice of Class EA Project Initiation was distributed to area residents, agencies and stakeholders.

In December of 2004, The City of London initiated an Area Study for the W12A Landfill to plan for the continued evolution of the landfill. Through the Area Study process, several landfill evolution alternatives were developed, analyzed and presented at public meetings for the Area Study. Each alternative identified the need for a Leachate Pre-treatment Facility.

On April 4th 2006, a Notice of Class EA Project Completion was distributed to area residents, agencies and stakeholders, On April 8th 2006, the Class EA ESR was placed on Public Record (mandatory 30 day review period). On April 23rd 2006, the 30 day review period extended to May 25th 2006.

On June 8th 2006, the Minister of the Environment received Four (4) Part II Order requests.

On January 15th 2008 - Minister of the Environment denies Part II Order requests. Project may proceed as recommended in the ESR. The ESR determined that this was the preferred location for the facility. This location allows the leachate to be treated before it is pumped (prevents future infrastructure problems with pumping untreated leachate) and is the lowest cost solution.

April 29th 2008 - Public Notice issued for Official Plan and Zoning By-Law Amendment Application.

June 23rd 2008 - Earth Tech is retained for the Design and Project Management of a Leachate 8 Septage Pre-Treatment Facility adjacent to the W12A Landfill.

September 18th 2008 -Community meeting is held at Regina Mundi College prior to mandatory public meeting in accordance with the Planning Act.

October 6, 2008 - Public Participation Meeting of Planning committee to consider Official Plan and Zoning By-law Amendment to permit Leachate Pre-treatment / Hauled Liquid Waste Facility

January 19, 2009 - Public Participation Meeting of Planning committee To consider the adoption of the W12A Landfill Area Plan and the implementing Official Plan (OPA 462) and Zoning By-law for this area. Planning Committee also considered an amendment to the City's Official Plan and Zoning By-law to allow the future construction of a Leachate Pre-treatmentlHauled Liquid Waste Facility at this site. This facility will "pre-treat" leachate from the landfill and septage from area haulers before pumping it through a new forcemain to the City's existing sewer system. At the January 19, 2009 Planning Committee meeting Municipal Council gave staff direction to bring forward, to a future Public Meeting of Planning committee, a possible Official Plan and Zoning By-law Amendment relating to portions of 3438 Manning Drive, to delete the Agricultural Special Provision (AGZ(2)) Zone, should the recommended zone come into force and effect for that site, and replace it with the new Waste and Resource Management (WRMI) Zone being considered as part of the W12A Landfill Area Study review (02-7604). This review will also consider deleting the existing Chapter 10 specific policy (10.1.3 xliii) for 3438 Manning Drive and the adjacent landfill site

PUBLIC LIAISON:

On February 11, 2010, letters were sent to an extended notice area that measures approximately 1,500 metre radius area around the subject site. The notice area is the same notice area that was used for the W12A Landfill Area Study. A Notice was also placed in the Living In The City section of the London Free Press on Saturday February 6,

2 replies

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Agenda Item # Page # mM 02-7751 I L. POMPlLll

Nature of Liaison: A City initiated application has been submitted to consider an amendment to the City's Official Plan and Zoning By-law for a portion of the land located at 3438 Manning Drive. This action is being taken at the direction of Municipal Council as a bring forward item related to the adoption of the W12A Landfill Area Study.

This housekeeping amendment application includes deleting existing text of the Official Plan found in Chapter 10 - Policies for Specific Areas (10.1.3 xliii - City Landfill Site) dealing with the subject site and the City's adjacent landfill site. OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete.

The proposal also includes amending the Zoning By-aw by removing the existing Agricultural Special Provision AG2(2) Zone which currently applies to this site and replacing it with the Waste and Resource Management (WRMI) Zone, which was adopted to implement the W12A Landfill Area Study and OPA #462

Both replies were of a general nature seeking clarification of the application. One of the callers requested some mapping for their property.

ANALYSIS

REQUESTED ACTION: The City has initiated this planning review to consider an amendment to the City's Official Plan and Zoning By-law for a portion of the land located at 3438 Manning Drive and the adjacent Landfill Site. This action is being taken at the direction of Municipal Council as a bring forward item related to the adoption of the W12A Landfill Area Study. The subject site at 3438 Manning Drive is intended to be the future site of a Leachate Pre-treatment/Hauled Liquid Waste Facility.

The future Leachate Pre-treatment/Hauled Liquid Waste Facility at 3438 Manning Drive was supported by a completed Municipal Class Environmental Assessment (EA), evaluated throughout the W12A Landfill Area Study and approved by Municipal Council as part of a previous public planning review application is a key component of the future operations of the W12A Landfill Site.

WHAT IS A LEACHATE PRE-TREATMENTIHAULED LIQUID WASTE FACILITY? This facility will "pre-treat" leachate from the adjacent landfill and septage brought to the site from area haulers before pumping it through a new forcemain to the City's existing sewer system. This facility will:

Better manage leachate by having it removed from the landfill in a more timely fashion; Provide pre-treatment of landfill leachate and hauled liquid waste to levels consistent with the Waste Discharge By-law at a new facility adjacent to the W12A Landfill; Eliminate the need for hauling leachate by tanker trucks to the existing Dingman Pumping Station; Reduce the generation and release of hydrogen sulphide gas and consequent deterioration of city sewers and infrastructure; Establish a dedicated hauled liquid waste receiving station for residents, businesses and Institutions who are not serviced with sanitary sewers: Provide better hours for haulers and their customers; and, Provide better volume measurement for fee collection; improve tracking of discharges by source, and improve sampling and testing of liquid waste discharges.

WHY IS THIS FACILITY NEEDED AND WHY LOCATE IT BESIDE THE W12A LANDFILL?

This Facility is needed to:

Improve landfill operations; Improve septage receiving operation; Reduce Hydrogen sulphide gas (H2S) impacts on sanitary sewers

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Agenda Item # Page #

kl 02-7751 I L. POMPlLll

Improve Landfill Operation There is some uraencv to imtiementina this oroiect. Leachate auantities have been increasina . , , as more landfill area is develbped to handle waste. City tankers cannot keep up with flows of - leachate provided on site during wet weather, and private haulers have to be called to keep up with quantities. A dedicated leachate pre-treatment facility will eliminate the need for transporting leachate by tanker truck. The facility will also provide better management of leachate by having it removed from the landfill in a more timely fashion.

Improve Receivinq Operation Liquid waste haulers need a new facility with more reliable hours. During wet weather when inflow and infiltration increases flow to the Dingman Pumping Station, the receipt of hauled liquid waste is prohibited. The haulers and their customers have storage capacity typically limited to the volume of their trucks.

Regina Mundi College and the London District Catholic School Board (LDCSB) office will be provided access to the forcemain to be constructed with this facility . Their existing on-site sewage treatment facility was recently closed, and they currently haul their wastewater to the Dingman Pumping Station for treatment. At the Environment and Transportation Committee meeting of July 17, 2006 staff recommended a water and wastewater servicing agreement with Regina Mundi College and the London & District Catholic School Board. As a result, a partnership agreement was executed and a watermain was constructed on Wellington Road to provide service. Connection to the wastewater forcemain will provide a permanent solution for their servicing needs.

Reduce Hvdroaen sulphide qas (H2S) impacts on sanitarv sewers The increased production of Hydrogen sulphide gas (HzS) and it release into sewers has been a long standing problem in the DingmanMlestminster sewershed due to its corrosive properties. This type of sewer gas is produced in the absence of oxygen when wastewater turns septic. The acceptance of hauled leachate, holding tank waste and septage at the Dingman Pumping Station, and the conveyance through a long forcemain to the City's sewers, is a significant source of HzS gas. The construction of the leachate pre-treatmentlhauled liquid waste facility will reduce the production of HzS from this source. A strategic plan was adopted by City Council in August 2002 to undertake a multi-staged approach to handle the problem:

1. Industrial Source Controls. 2. Septage (hauled liquid waste) Discharges 3. Sewage Conditioning. 4. Public System Repairs.

The only measure left to to be implemented from the strategic plan is the construction of the leachate pre-treatmentlhauled liquid waste facility.

The Facility is located beside the W12A Landfill Site because:

Determined the best location by the Class EA; Provides a permanent solution to the Regina Mundi and LDCSB site; The Area Study has determined that there is a need for this facility in this area; Majority of the material treated at the facility will leachate from the landfill.

The Class EA In the fall of 2002. Earth Tech Canada was retained bv the Citv to complete a Municioal Class Environmental Assessment (EA) for "Upgrades to Hailed LiqGd Waste'Receiving Facilities". As part of the process, public information sessions and public meetings were held. The EA led to a recommendation of a preferred site to pre-treat landfill leachate and hauled liquid waste at a site located easterly and adjacent to the W12A Landfill. The Notice of Completion and Environmental Study Report (ESR) were filed in April 2006.

The Honourable John Gerretsen, the Minister of Environment issued a letter on January 15,

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2008 stating that the Environmental Assessment Report is acceptable and that an individual environmental assessment would not be required. (A copy of the Minister's letter is included as an appendix to this report). The Project is therefore allowed to proceeds as recommended in the ESR. The ESR determined that this was the preferred location for this facility.

The Minister's letter included some conditions:

The Minister requires that the City implement the project in the manner that it was developed and designed in the Environmental Study Report. The Ministry's expectation is that the City will limit the times when the proposed facility will be accessible by truck. All applications and supporting documents for sewage, stormwater and water works which are part of the project, must be made as direct submissions for review and approval by the Ministry

W12A Landfill Area Study

Over the past several years, considerable attention has been given to the future of the W12A Landfill and the surrounding lands within the block bounded by Manning Drive, White Oak Road, Scotland Drive and Wellington Road. The subject site at 3290 and 3438 Manning Drive is located within the defined core area of W12A Landfill Study Area. The purpose of the completed and adopted Area Study was to review and plan for the W12A Landfill facility and adjacent lands as an integrated waste management centre. On March 10, 2009, Municipal Council approved the W12A Landfill Area Study and the implementing Official Plan policies (OPA 462) which established the long term vision for the W12A Landfill facility and the surrounding land uses in an effort to assist property owners in gaining a higher degree of certainty and understanding for the future and anticipated use of this site. The Obiectives of the Area Study are listed as follows:

1. Provide a long term vision for the future of the W12A Landfill facility and the surrounding land uses such that all property owners can gain a higher degree of certainty and understanding for the future.

2. Prepare policies for inclusion in the Official Plan to guide the long-term development and operation of the waste management facility and any related land uses.

3. Provide direction for the expansion of waste disposal and diversion activities to include a broader range of recycling, composting, waste by-product utilization and liquid waste disposal.

4. Study the opportunities for the utilization of wastes and the by-products of waste composition as resources for new industries within an eco-industrial park.

5. Study the traffic, noise, dust, odour, drainage and groundwater impacts of existing, planned and proposed waste management activities on surrounding agricultural lands and nearby residences and propose measures to mitigate these impacts.

6. Identify site design opportunities for landscaping and naturalization to enhance the appearance for the waste management facility.

7. Prepare guidelines for the development of the W12A Landfill site and lands in the vicinity of the site to minimize and mitigate land use conflicts.

8. Prepare a long term property acquisition scheme that provides for the appropriate growth and evolution of the waste management facility with allowances for buffers that are sufficient to avoid unreasonable impacts on adjacent lands.

SUITABILITY OF PROPOSED CHANGES TO THE OFFICIAL PLAN & ZONING BY-LAW

The entire parcel known municipally as 3438 Manning Drive is located on the north side of Manning Drive, midway between Wellington Road and White Oak Road. The site is located immediately east of the W12A Landfill. The property is owned by the City of London, as are all adjacent parcels to the north, east and west. There are no structures located on this property and the lands are currently tenant farmed with crops. 3438 Manning Drive consists of a land area of approximately 26.3 hectares (65 acres), a lot frontage of approximately 301 meters (988 feet) and a lot depth of approximately 880 metres (2,887 feet).

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The City has minimized the amount of land needed for this project. The site subject to the proposed Official Plan and Zoning By-law Amendment consists of a frontage of 150 metres (492 feet), a depth of 175 metres (574 feet) and an area of 2.5 hectares (6.5 acres).

The subject site and adjacent W12A Landfill is identified as a specific area within Chapter 10 of the Official Plan. The existing Official Plan specific policy for the City's Landfill site is included in section 10.1.3 (xliii) of the Plan as follows:

City Landfill Site xliii) In the Agriculture designation located at 3502 Manning Drive, in addition to the uses

permitted in the Agriculture designation, a municipal waste disposal facility may also be permitted. Also, in the Agriculture designation on a portion of the site located at 3438 Manning Drive, in addition to the uses permitted in the Agriculture designation, a leachate pre-treatmentlliquid waste facility may also be permitted

OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete. The new specific area policies of the Official Plan permit a leachate pre-treatmentlliquid waste facility within this defined area.

The proposal also includes amending the Zoning By-aw by removing the existing Agricultural Special Provision AGZ(2) Zone which currently applies to this site and replacing it with the Waste and Resource Management (WRMI) Zone, which was adopted to implement the W12A Landfill Area Study and OPA #462

The current Agricultural Special Provision (AGZ(2)) Zone at 3438 Manning Drive permits the following uses:

AGZ(2) a) Additional Permitted Use

i) Municipal waste disposal facility ii) Leachate pre-treatmenthauled liquid waste facility

To assist with the implementation of the Area Plan and Official Plan Amendment 462, Municipal Council approved an amendment to the Zoning By-law that added of a new Zone classification to Zoning By-law No. Z-I., to be applied to the Waste Management and Resource Recovery Area, as defined in the Official Plan and the W12A Landfill Area Plan. The new Waste and Resource Management (WRMI) Zone was approved and applied to the current footprint of the W12A Landfill site only.

This existing WRMI Zone provides for and regulates a range of waste management and resource recovery uses which are permitted by site specific zoning, subject to the criteria listed in section 9.2.15, 17.4 and 17.5 of the Plan. The proposed new Zone specifically discourage new farm dwellings and secondary farm dwelling within this area

In recognition of the existing uses and activities at the time of adoption of the Area Plan, the Waste and Resource Management (WRMI) Zone currently permits the following range of uses:

a) Agricultural Uses b) Municipal Waste Disposal Facility; c) d) e) f) Yard Waste Composting Facility g) Material Recovery Facility

Leachate pre-treatment I hauled liquid waste facility Public drop-off for Municipal Hazardous and Special Waste; Community Recycling and drop-off depot;

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The proposed amendment is consistent with the adopted W12A Landfill Area Plan and the specific area policies of the Official Plan related to these lands.

/I C 0 N C L U S IO N I OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete. The Waste and Resource Management (WRMI) Zone was established by Municipal Council as part of the adoption of the W12A Landfill Area Plan and approval of OPA 462. This zone is specific to the lands located within the Waste Management and Resource Recovery Specific Policy Area as defined in the Official Plan. Applying the WRMI Zone to this site is consistent with the direction of Municipal Council, the adopted Area Plan and existing Official Plan Policy for this area. The recommended zoning is compatible with the surrounding area, and the subject site is of sufficient size to accommodate the proposed use. The Leachate Pre-treatment Facility, which is ultimately envisioned for this site was supported by a completed Municipal Class Environmental Assessment (EA), evaluated throughout the W12A Landfill Area Study and approved by Municipal Council as part of a previous public planning review application is a key component of the future operations of the W12A Landfill Site.

March 16, 2010 LPllp Y lShsrsd\lmplemBOlDEVELOPMENT APPSUOlO Appli~aIi~ns 7741 lo\77510Z - 3438 MANNING DR (LP)lOZ-7751 PC Repon March 22,2010re~1sed doc

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Responses to Public Liaison Letter and Publication in “Living in the City”

Telephone .~ ~~

I i i . ~ ~ . . ~ . ~~~ ~~~~~~~~~ . . ~ ~~~~~~ ~~~~~~~~~ ~~

I ~~ ~.~ . ~~ ~4

~

Sue & Eugene Morrison - Manning Drive

Andrea.VanHouke - Christchurch Lane ~ ~4

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Bibliography of Information and Material - 02-7751

Reauest for Approval City of London Zoning By-law Application Form.

Reference Documents Ontario. Ministry of Municipal Affairs and Housing. Planning Acf, R.S.O. 1990, CHAPTER

P. 13, as amended -

Ontario. Ministry of Municipal Affairs and Housing. Provincial Poljcy Stafemenf, March 1, 2005

City of London. Official Plan, June 19, 1989, as amended

City of London. Zoning By-law No. 2.-1, May 21, 1991, as amended

City of London, W12A Landfill Area Study, All Background Studies and Reports

City of London, Upgrades to Hauled Liquid Waste Receiving Facilities, Class Environmental Assessment , Schedule 'C', Environmental Study Report., April 2006

Aqencv Review and Public Responses: (located in Citv of London File No. 2-7751 unless otherwise statedl

Telephone call from Sue & Eugene Morrison on February 12, 2010 Manning Drive residents

Telephone call from Andrea VanHouke on February 22, 2010 - Christchurch Lane resident

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Appendix "A"

Bill NO. (number to be inserted by Clerk's Office) 201 0

By-law No. C.P.-1284--

A by-law to amend the Official Plan for the City of London, 1989 relating to the City landfill site located on Manning Drive.

The Municipal Council of The Corporation of the City of London enacts as

1. Amendment No. (to be inselted by Clerk's Office) to the Official Plan for the City Of London Planning Area - 1989, as contained in the text attached hereto and forming part of this by-law, is adopted.

2. This by-law shall come into effect in accordance with subsection 17(38) of the Planning Act, R.S.O. 7990, c.P.13.

follows:

PASSED in Open Council on March 29, 2010

Anne Marie DeCicco-Best Mayor

Catharine Saunders City Clerk

First Reading - March 29, 2010 Second Reading - March 29, 2010 Third Reading - March 29, 2010

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AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

To delete a policy in Chapter 10, Section 10.1.3 (xliii), Policies for Specific Areas, of the Official Plan which permits a City Landfill and a leachate pre-treatment I hauled liquid waste facility on a portion of the site located at 3438 Manning Drive.

0. LOCATION OF THIS AMENDMENT

1. This Amendment applies to lands located on Manning Drive which contain the City Landfill Site and a portion of the site located at 3438 Manning Drive in the City of London.

C. BASIS OF THE AMENDMENT

This amendment application includes deleting existing text of the Official Plan found in Chapter 10 - Policies for Specific Areas (10.1.3 xliii - City Landfill Site) dealing with the subject site and the City's adjacent landfill site. OPA # 462, which has come into full force and effect, established new Waste Management and Resource Recovery policies for the Official Plan (9.2.15) to provide for the long term vision of the W12A landfill and the surrounding lands. The new specific area policy of the Plan has resulted in this existing Chapter 10 policy (10.1.3 xliii) of the Plan becoming obsolete.

D. THE AMENDMENT

The Official Plan for the City of London is hereby amended as follows:

1. The following policy is deleted to Section 10.1.3. of the Official Plan:

City Landfill Site (xliii)

In the Agriculture designation located at 3502 Manning Drive, in addition to the uses permitted in the Agriculture designation, a municipal waste disposal facility may also be permitted. Also, in the Agriculture designation on a portion of the site located at 3438 Manning Drive, in addition to the uses permitted in the Agriculture designation, a leachate pre-treatmentlliquid waste facility may also be permitted

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Appendix "B"

Bill NO. (number to be inserted by Clerk's Office) 2010

By-law No. 2.-1-10

A by-law to amend By-law No. 2.-1 to rezone a portion of the site located at 3438 Manning Drive.

WHEREAS the City of London has applied to rezone an area of land located on a portion of the site located at 3438 Manning Drive, as shown on the map attached to this by- law, as set out below;

THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

Schedule " A to By-law No. 2.-1 is amended by changing the zoning applicable to lands located on a portion of the site located at 3438 Manning Drive, as shown on the attached map comprising part of Key Map No. 83, from an Agricultural Special Provision (AGZ(2)) Zone to a Waste and Resource Management (WRMI) Zone.

This By-law shall come into force and be deemed to come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, either upon the date of the passage of this by-law or as otherwise provided by the said section.

PASSED in Open Council on March 29, 2010

Anne Marie DeCicco-Best Mayor

Catharine Saunders City Clerk

First Reading - March 29, 2010 Second Reading - March 29, 2010 Third Reading - March 29, 2010

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AMENDMENT TO SCHEDULE "A" (BY-LAW NO. 2.-1)

ANNEXED AREA APPEALED AREAS

SUBJECT SITE a File Number: 02-7551

Planner: LP

Date Prepared: 2010103101

Technician: CK

By-Law No: Z.4- -Meters

1:9,000

0 50100 200 300 400