ISSUE DATE:

June 15, 2022

CASE NO.:

OLT-22-002989 (Formerly PL190022)

PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant:

Friends of Simcoe Forests Inc.

Appellant:

Nicholyn Farms

Subject:

Proposed Official Plan Amendment

Description:

To permit a waste management facility

Reference Number:

OPA 2

Property Address:

2976 Horseshoe Valley Road

Municipality/UT:

Springwater/Simcoe

OLT Case No:

OLT-22-002989

Legacy Case No:

PL190022

OLT Lead Case No:

OLT-22-002989

Legacy Lead Case No:

PL190022

OLT Case Name:

Edward Krajcir v. Springwater (Township)

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a waste management facility

Reference Number:

2016-005

Property Address:

2976 Horseshoe Valley Road

Municipality/UT:

Springwater/Simcoe

OLT Case No:

OLT-22-002990

Legacy Case No:

PL190461

OLT Lead Case No:

OLT-22-002989

Legacy Lead Case No:

PL190022

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit a waste management facility

Reference Number:

2016-021

Property Address:

2976 Horseshoe Valley Road

Municipality/UT:

Springwater/Simcoe

OLT Case No:

OLT-22-002993

Legacy Case No:

PL190462

OLT Lead Case No:

OLT-22-002989

Legacy Lead Case No:

PL190022

BEFORE:

SHARYN VINCENT

Wednesday, the 15th

VICE-CHAIR

day of June, 2022

WHEREAS Friends of Simcoe Forests Inc. (“Friends”), and Nicholyn Farms Inc. and Lynda and Nicholas Van Casteren (“Nicholyn”) appealed County Official Plan Amendment 2 (“OPA 2”) which was approved by the Minister, as modified, on November 30, 2018, and would have the effect of amending the County Official Plan to permit an Environmental Resource Recovery Centre (“ERRC”), a waste management processing and transfer facility having a 4.5 hectare footprint within the existing Freele Tract located at 2976 Horseshoe Valley Road which is part of the County owned and managed forest located within the Township of Springwater;

AND WHEREAS the County of Simcoe (“County”) appealed of the failure of the Council of the Township of Springwater (“Township”) to make decisions with respect to applications to amend the Township’s Official Plan and Zoning By-law to permit the proposed ERRC at the subject location;

AND WHEREAS a number of pre-hearing and case management conferences have taken place, at which the parties and issues were identified;

AND THE TRIBUNAL having heard the submissions of counsel for the Parties and having made the determination that the ERRC can be accommodated without any negative impacts, finding that OPA 2 and the proposed amendments to the Official Plan and Zoning By-law amendments for the Township of Springwater are consistent with the Provincial Policy Statement, conform with the Growth Plan for the Greater Golden Horseshoe, and generally conform to the policies of the County Official Plan, including the policies in s. 3.3.6 which permits infrastructure to be located in any designation, and specifically within the Greenlands designation, where authorized under an environmental assessment process;

AND THE TRIBUNAL having dismissed the appeals against OPA 2 and granted the appeals of the County to amend the Official Plan and Zoning By-law of the Township of Springwater, in part, to permit the ERRC on a portion of the lands known as 2976 Horseshoe Valley Road;

AND THE TRIBUNAL having withheld issuance of the final order until it is in receipt of the required Official Plan and Zoning By-law amendments in final form;

AND THE TRIBUNAL having been informed of a settlement between the parties on the appeals of Friends of Simcoe Forests Inc. and Nicholyn Farms Inc. of Simcoe County Official Plan Amendment 5 (“OPA 5”), Tribunal case no. 21-001215, which would require changes to the wording and schedules of OPA 2;

AND THE TRIBUNAL having acknowledged the withdrawals of the appeals of Friends of Simcoe Forests Inc. and Nicholyn Farms Inc. against Simcoe County Official Plan Amendment 5 (“OPA 5”);

AND THE TRIBUNAL having reviewed the proposed changes, provided on consent, to the wording and schedules of OPA 2 and proposed Official Plan amendments and Zoning By-law amendments of the Township of Springwater, and having deemed the changes to the wording and schedules satisfactory;

THE TRIBUNAL ORDERS THAT for the appeal of the County of the failure of the Council of the Township of Springwater to make a decision with respect to the application to amend the Township’s Official Plan:

1The appeal of the Corporation of the County of Simcoe in this matter be allowed, and;

2The Official Plan of the Township of Springwater (2016-005) be amended in accordance with Attachments “A” and “B” attached to this order.

AND THE TRIBUNAL ORDERS THAT for the appeal of the County of Simcoe (“County”) of the failure of the Council of the Township of Springwater to make a decision with respect to the application to amend the Township’s zoning by-law:

1The appeal of the Corporation of the County of Simcoe in this matter be allowed, and;

2The Zoning Bylaw of the Township of Springwater (2016-021) be amended in accordance with Attachments “C” and “D” attached to this order.

AND THE TRIBUNAL ORDERS THAT for the appeal of Friends of Simcoe Forests Inc. and Nicholyn Farms Inc. with the respect to the County of Simcoe’s adoption of County OPA 2:

1The appeals of Friends of Simcoe Forest Inc. and Nicholyn Farms Inc. be allowed in part, and;

2The Official Plan of the County of Simcoe be amended as set out in Attachments “E”, “F” and “G” to this order.

AND THE TRIBUNAL ORDERS THAT it may be spoken to in the event that any issues arise in connection with the implementation of this Order.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT A

Amendment to the Township of Springwater Official Plan

INTRODUCTION

This document has two components; the Preamble (Part A), and the Official Plan Amendment (Part B).

A) Part I: The Preamble establishes the general context within which the Amendment has been prepared and does not constitute part of the Amendment.

B) Part II: The Official Plan Amendment amends the relevant sections of the Official Plan for the Township of Springwater in order to allow the development and use of an Environmental Resource Recovery Centre and associated uses.

PART A - THE PREAMBLE

1. Purpose

The purpose of this amendment is to amend the Township of Springwater Official Plan by re-designating a portion of the subject lands from ‘Rural’ to ‘Waste Disposal Site’, and to provide site specific policies to the Official Plan to permit said portion to be used as an Organics Processing Facility, Materials Management Facility, and associated ancillary uses. The predominant designation of the subject lands is ‘Rural’, with the northeast corner also designated ‘Natural Heritage Environmental Protection Category 2’ and the southwest corner designated ‘Agricultural’.

2. Location

This Amendment applies to those lands located in Lot 2, Concession 1. It is municipally known as 2976 Horseshoe Valley Road. A portion of the site has been reforested with a plantation of a variety of pine and spruce species. Other portions of the site are naturalized and contain other varieties of native tree species.

3. Basis

This Amendment proposes to add a site specific policy under Section 20.2, Waste Disposal Policies of the Official Plan, and modify Schedule “A-2” to the Township’s Official Plan to designate a portion of the subject lands as ‘Waste Disposal Site’.

The need for this Amendment arise from the conclusion of the County of Simcoe’s siting process for a proposed Organics Processing Facility and Materials Management Facility, which was completed between December 2014 and early 2016. The subject lands were identified as the preferred site for these facilities among a list of 502 candidate sites reviewed. This Amendment will enable a portion of the subject lands to be used for, the aforementioned facilities and associated ancillary uses, subject to the appropriate zoning of these lands.

The proposed site was assessed in terms of governing planning policy as provided by the Provincial Policy Statement 2014, Places to Grow – Growth Plan for the Greater Golden Horseshoe, The County of Simcoe Official Plan and the Township of Springwater Official Plan. The proposed facility conforms with and implements the planning guidance provided by these policy documents.

Certain conditions must be placed on the construction and operation of the facility to ensure that there are no impacts on the natural environment and nearby sensitive sues. In addition a number of specific studies addressing archaeology, noise, transportation and environment were prepared in support of the proposed Official Plan amendment

Implementation of the facility must follow the policy guidance and findings of the supporting studies in order to ensure no adverse impacts. These requirements will be included as appropriate in the Ministry of Environment and Climate Change Environmental Compliance Approval, development agreements between the County and Township and the site plan.

Part B - Actual Amendment

The Official Plan of the Township of Springwater is amended as follows:

1. Schedule “A-2” Land Use Plan

Schedule “A-2” of the Official Plan is amended by changing the map designation on a portion of the subject site to Waste Disposal Site as shown on Exhibit “A” hereto.

2. Section 20.2 Waste Disposal Policies

Section 20.2 is amended by adding the following subsections;

20.2.13 Exceptions

10.2.13.1 2976 Horseshoe Valley Road - Lot 2 Concession 1

In accordance with the policies under Section 10.2 of the Official Plan, permitted uses on Part of Lot 2, Concession 1 as designated on Schedule “A-2” shall include an Environmental Resource Recovery Centre including facilities for the purpose of the consolidation and transfer of various waste streams such as organics, recyclable materials and non-hazardous household garbage, processing of organic green bin materials under controlled conditions for conversion into other materials. Other ancillary uses would include a public education area, truck maintenance and servicing area and facility administration area. The temporary storage of waste is permitted on the lands shown on Schedule “A-2”. No permanent disposal of waste materials or landfilling of any kind is permitted within the lands shown on Schedule “A-2”. Notwithstanding anything in this plan to the contrary, any expansion to the footprint or uses for this site will require an amendment to this Plan.

4. Implementation

This Amendment shall be implemented in accordance with Section 6, Implementation of the Official Plan of the Township of Springwater.

5. Interpretation

This Amendment shall be interpreted in accordance with Section 7, Implementation of the Official Plan of the Township of Springwater.

ATTACHMENT B

ATTACHMENT C

Amendment to the Springwater Zoning By-law 5000

2976 Horseshoe Valley Road - Lot 2 Concession 1

Lot 2 Concession 1

By-law Amendment No. XX-X

1. That the schedule to By-law 5000 Township of Springwater Zoning Consolidation October 2014 is hereby amended by changing that portion of 2976 Horseshoe Valley Road as shown on Schedule A-1 to this by-law from “A” Agricultural Zone to “WD-2” Waste Disposal Zone Exception.

2. That section 29.4 ZONE EXCEPTIONS Waste Disposal (WD) Zone of Zoning By-law 5000 is hereby amended by adding the following exception.

Part Lot 2 Concession 1

2976 Horseshoe Valley Road - Lot 2 Concession 1

The following shall be permitted in lands subject to this exception, an environmental resource recovery centre compromising the following uses; a materials management facility for the consolidation and transfer of various waste streams, an organics processing facility where green bin materials are processed and ancillary uses including receiving area, administration building, environmental control facilities, truck servicing area and public education area. Notwithstanding any other provisions of Section 29, the temporary storage of waste materials is permitted however the permanent disposal of waste or landfilling of any kind is not permitted within the lands subject to this exception.

In addition the following provisions shall apply to such uses:

a) Minimum front yard 660 metres

b) Minimum rear yard 500 metres

c) Minimum interior side yard 110 metres to the western property line and 259 metres to the eastern property line

Notwithstanding Section 3.17 of this By-law, the setbacks listed above shall be from the property line.

ATTACHMENT D

ATTACHMENT E

TEXT OF OFFICIAL PLAN AMENDMENT 2, AMENDING THE COUNTY OF SIMCOE OFFICIAL PLAN

Section 4.9 Waste Management

The policies of this Section relate to waste management practices and their relationship to land use.

Objectives 4.9.1

To provide waste management sites that are of appropriate size and type to accommodate present and future requirements as part of the County’s waste management system and to facilitate, encourage, and promote reduction, reuse, and recycling objectives which adapt to the constant evolution of new technologies and approaches becoming available and advances in environmental protection and governing legislation, such as the Environmental Protection Act.

4.9.2

To protect the health, safety, and welfare of residents from the potential adverse effects of waste management activities conducted at waste management sites by restricting or controlling development in the vicinity of such sites.

Policies

Regulation of Waste Management Sites

4.9.3 The County of Simcoe will ensure environmental protection is balanced with economic viability at operating and future solid waste management sites for which the County is responsible. The County will continue to maximize the utility of approved waste capacity at its facilities while operating the site in accordance with the relevant provincial Environmental Compliance Approval and work to develop safe engineered disposal capacity for the residents of the County of Simcoe. The County will strive to maximize waste diversion over disposal where viable markets are available.

4.9.4 The County will continue to develop a waste management system in accordance with the County of Simcoe Waste Management Strategy or its successor to address permanent waste disposal (landfilling) and resource recovery activities (non-landfilling) such as transfer stations, recycling facilities and organics processing facilities. County waste management sites may contain a landfilling or non-landfilling activity or a combination of activities. Waste management solutions in which the County takes responsibility for its own waste are preferred where practical.

4.9.5 The Environmental Protection Act and the associated regulations and Environmental Compliance Approval regulate, on a site specific basis, the activities and operation of the waste management sites and their rehabilitation and closure, and this legislation shall be referred to in conjunction with the Planning Act to achieve the objectives of this Plan.

4.9.6 The County is responsible for the development, operation, monitoring, maintenance, and rehabilitation of the County owned and operated waste management sites, in accordance with applicable legislation.

4.9.7 Local municipalities are responsible for the monitoring, maintenance, and rehabilitation of local municipality owned waste management sites, in accordance with applicable legislation.

4.9.8 The private owner is responsible for the development, operation, monitoring, maintenance, and rehabilitation of privately owned and operated waste management sites, in accordance with applicable legislation.

4.9.9 Notwithstanding any policies herein, waste management sites will be established or expanded in accordance with the Environmental Protection Act and the Planning Act and will be operated in accordance with the Environmental Protection Act and the Environmental Compliance Approval for the waste management site.4.9.10 Notwithstanding any policies herein, the permitted uses on a portion of Part of Lot 2, Concession 1, Township of Springwater (2976 Horseshoe Valley Road West) as identified on Schedule 5.6.1 as Environmental Resource Recovery Centre shall be limited to facilities for the purpose of the consolidation and transfer of various waste streams including organics, recyclable materials and non-hazardous household garbage, processing of organic green bin materials under controlled conditions for conversion into other materials. Ancillary uses will include a public education area, maintenance and servicing of waste collection vehicles, stormwater management facility and facility administration area. The aggregate area of all permitted uses shall be 4.5 hectares with 1 hectare for the access road and located in the central west portion of the property, as identified on Schedule 5.6.1.

The temporary storage of waste is permitted on these lands but the permanent disposal of waste materials or landfilling is not permitted. A D-4 Assessment Area is not applicable to this site.

Prior to site plan approval for this site, the County shall evaluate the stone foundations at 2976 Horseshoe Valley Road West according to the criteria in Ontario Regulation 9/06. If this resource is found to be of cultural heritage value or interest according to these criteria, the County shall work with the Township of Springwater to ensure that this resource is conserved.

Prior to site plan approval for this facility, the County shall prepare a Fire Prevention Plan and Emergency Response Plan in consultation with, and to the satisfaction of, the Township of Springwater.

The County shall provide ecological enhancement to the contiguous woodland feature through a combination of reforestation and of establishing a forest or stand of trees in an area where there was no previous tree cover (afforestation) at a 2:1 ratio to mitigate the loss of woodland and wildlife habitat features. The ecological enhancement ratio of 2:1 shall be incorporated into a Compensation Planting Plan, Environmental Management Plan and Wildlife Management Plan to be prepared by the County of Simcoe prior to site plan approval. The plans will be developed in consultation with, and to the satisfaction of, the Ministry of Natural Resources and Forestry and the Nottawasaga Valley Conservation Authority.

New Waste Management Site or Expansion of an Existing Waste Management Site

4.9.11 Notwithstanding sections 3.3.6 and 3.8.19 of this Plan, any new waste management sites or expansions of an existing waste management site for the purposes of landfilling will require an amendment to this Plan and to the local municipal official plan.

A new waste management site or the expansion of an existing waste management site for the purposes of non-landfilling activities including, but not limited to, the transfer of materials, management of recyclable materials, or processing of organics, will not require an amendment to this Plan.

An amendment to the local municipal official plan may will be required for a new waste management site or expansion of an existing waste management site for the purposes of non-landfilling activities, except where a local municipal official plan already designates the lands for the proposed use.

Where a local official plan amendment is required, the local municipality will map and designate the limits of the waste management activities. The local municipal official plan amendment shall only designate the areas of the subject property approved for waste management uses.

New or expanded non-landfilling waste management sites will be identified on appropriate mapping schedules without an amendment to this Plan.

Mapping of Waste Management Sites

4.9.12 The locations of County owned and operated waste management sites are shown on Schedule 5.6.1. The boundaries of County owned and operated waste management sites are the property boundary of the lands owned by the County on which waste management site activities occur, except for the waste management site located at Part of Lot 2, Concession 1, Township of Springwater (2976 Horseshoe Valley Road West).

The locations of private, local municipality, and provincially owned or operated waste management sites are shown on Schedule 5.6.2. Information regarding the sites identified on Schedule 5.6.2, is to be obtained from the Ministry of Environment, Conservation and Parks.

The locations of all waste management sites shown on Schedules 5.6.1 and 5.6.2 within each local municipality will be mapped in the respective local municipal official plans.

Where the Ministry of Environment, Conservation and Parks identifies that a waste management site may be removed or must be added to the schedules of this Plan, amendments to this Plan and to the local municipal plan are not required.

Where policy requires that an amendment to this Plan is required to remove or add a waste management site, a mapping change will occur as part of that amendment. Any such amendment requires approval from the Ministry of Municipal Affairs and Housing.

D-4 Assessment Areas

4.9.13 The recognized best practice to regulate land use on or near waste management sites is the Province’s Guideline D-4 which provides that generally an area within 500 metres of a Fill Area on a waste management site is the area in which landfilling-related impacts may be present. This area is known as the D-4 Assessment Area. Accordingly, the default D-4 Assessment Area is 500 metres calculated from the property line of the waste management site where the Fill Area is unknown or from the Fill Area where the extent of waste is known.

4.9.14 The Guideline D-4 allows for the D-4 Assessment Areas to be varied where the actual influence area of the waste management site has been determined to be less than 500 metres. The D-4 Assessment Area may be reduced to coincide with the actual influence area. Where significant impacts are encountered beyond 500 metres the D-4 Assessment Area may be extended beyond the 500 metres.

4.9.15 The County will determine the D-4 Assessment Areas for County owned or operated waste management sites with a Fill Area in consultation with the applicable provincial ministry. For private and local municipality owned or operated waste management sites the local municipality will determine the D-4 Assessment Area in consultation with the applicable provincial ministry. All D-4 Assessment Areas within each local municipality will be mapped in the respective local municipal official plans. These D- 4 Assessment Areas will be shown on a map to be prepared by and available from the County for information purposes only. The County will update the map from time to time as information changes or new D-4 Assessment Areas are determined in accordance with this Plan.

4.9.16 In order to alter the D-4 Assessment Area in the local municipal official plan, an Assessment Area Environmental Study taking into consideration the applicable factors in the Guideline D-4 will be prepared by a Qualified Person, in consultation with the applicable provincial ministry , and will be peer reviewed as determined necessary by the D-4 Approval Authority. In the alternative, where current information exists to demonstrate there are no landfilling-related impacts associated with the closed sites, the D-4 Assessment Area may be reduced without the need for an Assessment Area Environmental Study, in consultation with the applicable provincial ministry. No amendment to this Plan is required; rather a local municipal official plan amendment is required to alter a D-4 Assessment Area.

4.9.17 Sensitive land uses shall normally not be permitted in the D-4 Assessment Area of an active waste management site which incorporates a Fill Area. However, this shall be considered on a site-by-site basis in accordance with the results of investigations undertaken in accordance with policy 4.9.17.

4.9.18 Where development is proposed within the D-4 Assessment Area of a County owned waste management site which incorporates a Fill Area, or where the County is the D-4 Approval Authority, D-4 Studies will be required and peer reviewed. Any proposed conditions including mitigation and monitoring will be subject to the approval of the appropriate County staff and implemented accordingly. Where appropriate, the County may scope the D-4 Study in accordance with the requirements of the Guideline D-4 and any other applicable provincial standards or regulations.

4.9.19 Where development is proposed within the D-4 Assessment Area of a private or local municipality owned waste management site, the local municipality will determine the need for D-4 Studies and peer reviews, and the implementation of the proposed conditions including mitigation and monitoring will be determined by the local municipality and policies addressing the implementation options will be contained in the local municipal official plan.

Land Use Compatibility Study

4.9.20 Where development is proposed in the vicinity of a waste management site which does not contain landfilling activities or a waste management site with non-landfilling activities occurring outside of the Fill Area, a land use compatibility study may be required. The details of the study shall determine any potential land use conflicts with the proposed development and planned or ongoing waste management site activities including, but not limited to, ground and surface water, noise, odour, dust, traffic and other relevant land use considerations in consultation with the County. If a D-4 Study is required for the same proposal, the details of the non-landfilling activities shall be addressed in the D-4 Study.

Section 5.8 - Definitions

WASTE MANAGEMENT SITE means a site and facilities to accommodate solid waste from one or more municipality and includes: one or more of the following activities or uses:

(a) landfilling activities

(b) non-landfilling activities

(c) a Fill Area and the Buffer Area of a property which has been or is suspected to have been used for landfilling;

(d) any land upon, into or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed; and

(e) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment, or processing referred to in clauses (a) to (d).

For the purposes of the site located at Part of Lot 2, Concession 1, Township of Springwater (2976 Horseshoe Valley Road West), a waste management site is defined as the 4.5 hectares plus 1 additional hectare for the access road described within section 4.9.10 of this Plan.