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REPORT

DEVELOPMENT SERVICES

TO: Mayor and Members of Council FROM: Elizabeth Howson, Macaulay Shiomi Howson Ltd. DATE: June 14, 2021 REPORT: DS 34/21 FILE NO. N/A ___________________________________________________________________ SUBJECT: Cairo Group/Stouffville Glass, Mirror and Aluminum Ltd. Request

for Minister’s Zoning Order for 3759 Durham Regional Road 30, Part Lot 15, Concession 1, Township of Uxbridge

___________________________________________________________________ BACKGROUND: Cairo Group operate Stouffville Glass, Mirror and Aluminium Ltd. on a site at 3759 Durham Regional Road 30, Part Lot 15, Concession 1, Township of Uxbridge abutting, and immediately to the north of, the Uxville Industrial Area (Attachment “1”, Location Map). This existing industry, which is a significant employer in the Township providing more than 20 jobs, is a glass and aluminium fabrication operation. There are no significant natural features on the site or immediate surrounding land, with the majority of the immediate surrounding land being used for agriculture. To the south of the industrial operation is the Uxville Industrial Area; to the north is a rural residential use, and an industrial use which makes concrete products, and agricultural land uses; to the east is the Uxville Industrial Area and agricultural land uses; and to the west is aggregate extraction and rural residential uses. Stouffville Glass, Mirror and Aluminium Ltd. has operated in this location legally in accordance with a Temporary Use Bylaw originally adopted on September 25, 2005 and extended in 2009, 2012, 2015, and 2018 (Attachment “2”, Zoning By-law and Map Excerpt). A further extension was approved in 2020 which also permitted an expansion of the industrial operation to a maximum size of 4,645 square metres subject to site plan approval. This extension will provide for significant additional employment opportunities. The history of the development approvals is as follows:

• In 2005, the Cairo Group submitted a building permit to construct an agricultural building at 3949 Durham Regional Road 30. During an inspection

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of the building by staff in January 2006, it was discovered that Mr. Cairo’s business, called Stouffville Glass Inc. at the time, was operating from this location. Mr. Cairo was advised that the use was not permitted and that action should be taken to rectify the situation.

• In February 2006, applications were received to amend the Township of

Uxbridge Zoning By-law No. 81-19 and to enter into a site plan agreement to permit an industrial establishment at this location. On May 30, 2006, the Township received correspondence from the applicant requesting to revise the application, proposing a temporary zoning by-law amendment in accordance with Section 39 of the Planning Act. A Temporary Use By-law was passed on September 25, 2006 allowing the use for a period of three years.

• The Temporary Use By-law was set to expire on September 24, 2009. In

2009, Stouffville Glass Inc. applied to the Township for an extension to the Temporary Use By-law for a further period of three years to allow the applicant sufficient time to find a permanent solution.

• As part of the 2009 application, the applicant submitted a Planning Analysis

prepared in 2009 as support for extension of the Temporary Use (Attachment “3”, Cairo Group – Uxbridge Oak Ridges Moraine Conservation Plan Conformity Report, February 2006, Malone Given Parsons Ltd.). The report states that the continuation of the business would not adversely affect the ecological integrity of the Oak Ridges Moraine Area, would not adversely affect the rural character of the Countryside Area of the Oak Ridges Moraine Area, would conform to the policies of the Countryside Area and Small Scale Commercial, Industrial, and Institutional Uses of the Oak Ridges Moraine Conservation Plan and would not conflict or compromise the policies of the Regional Official Plan relating to the Greenlands System.

• Council agreed to the extension in 2009 and a second temporary use by-law

was passed that expired in July 2012. In March 2012, Mr. Cairo applied for an additional three year extension to the temporary use by-law, to allow for preparation for the Oak Ridges Moraine Conservation Plan (ORMCP) Review in 2015. This extension was approved on April 27, 2012.

• A further three year extension was then applied for and approved in 2015

given that the Provincial review of the ORMCP was currently in process and not expected to be completed until 2016. The review was not fully complete until 2017 and it did not change the policies or designations with respect to the subject lands.

• In view of the results of the ORMCP review, the applicant began exploring

options available for the industrial use to continue on the subject lands. Consequently, an application was submitted in 2018 for a further extension of the temporary use by-law. A letter from the Minister of Municipal Affairs dated July 28, 2017 was submitted by the applicant in support of the application. It notes that “municipalities are required to implement the ORMCP through their local official plans and zoning by-laws…..I encourage you to continue to work

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with the Township of Uxbridge.” (Attachment “4”, Minister of Municipal Affairs Letter). A three year extension was approved in 2018 which was set to expire in June 2021.

• The applicant continued to actively explore options available for the industrial

use to continue on the subject lands as a result of changes such as the approval of the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (Growth Plan) and the on-going review of the Regional Official Plan. However, in the meantime, there was a need to enlarge the building to accommodate expansion of the current business operation, and a related increase in the number of employees, in response to a number of new contracts.

• Given the complexity of the process to allow the industrial use to continue on

the subject lands, and the need for expansion, an application was submitted to extend the temporary use for an additional three years commencing June 21, 2021 and to permit the expansion of the existing building. Recognizing the uncertainty regarding the status of the current use, the building expansion (like the existing building) is a pre-fabricated Butler building. This application was approved in November 2020 (Attachment “5”, November 2020 Planning Report).

• It should be noted that the Toronto Region Conservation Authority in their

review of the 2020 application advised that “Staff have no concerns with the updated ORMCP conformity report.” As indicated in the planning report, a review of the stormwater management and Site Grading Plan and Erosion Sediment Control Plan requested by the TRCA would be undertaken through the site plan approval process.

Throughout the history outlined above, the Cairo Group have continued to work with the Township of Uxbridge to explore all available options to continue operation of Stouffville Glass, Mirror and Aluminium Ltd. on the Subject Lands. Through discussions with the Township in 2020/2021 and in an agreement dated March 8, 2021, Cairo Group has requested the Township’s support for a permanent solution to permit the industrial use to continue. It has been concluded that this permanent solution requires a request for a future Minister’s Zoning Order to recognize the existing operation as a permanent use in accordance with the current zoning permissions (Attachment “6”, Draft Minister’s Zoning Order). The current regulations, which are intended to be maintained, limit the permitted use to “a small-scale industrial glass and aluminium fabrication operation.” Further, open storage is prohibited and the maximum permitted gross floor area is 4,645 square metres. The Minister of Municipal Affairs and Housing is not required by legislation to give notice or consult with a municipality prior to enacting a Minister’s Zoning Order (MZO). However, recent practice by the Province is to request a municipal Council resolution of support before proceeding with an MZO request.

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PLANNING STATUS: PLANNING ACT: Section 47(1) of the Planning Act permits the Minister of Municipal Affairs and Housing to exercise any powers conferred upon councils by sections 34 (zoning), 38 (interim control) or 39 (temporary use) without the requirement for public consultation. Further, the Minister’s Zoning Order is not subject to appeal. Nor, as noted above, is there any requirement to consult with the municipality. A Minister’s zoning order, similar to a zoning by-law, controls the use of land and sets out requirements for development. OAK RIDGES MORAINE CONSERVATION PLAN: The subject lands are designated “Countryside Area” in the Oak Ridges Moraine Conservation Plan (ORMCP). Uses permitted in the “Countryside Area” include: conservation; agriculture; home businesses and mineral aggregate operations and mineral aggregate operations. Small scale industrial uses are also permitted in the “Countryside Area” if they are supportive, complementary to, or essential to those uses permitted in the “Countryside Area”. Typical examples of small scale industrial uses would be a farm implement repair and service shop. The ORMCP requires that approval of a small-scale industrial use must demonstrate that:

• It is not feasible to locate the use in a settlement area and; • The rural character of the Countryside Area and ecological integrity of the Plan

are not adversely affected by the establishment of the use.

REGION OF DURHAM AND TOWNSHIP OFFICIAL PLANS AND TOWNSHIP ZONING BY-LAW: The subject lands are designated “Greenlands System - Oak Ridges Moraine – Countryside Area” in the Region of Durham Official Plan. The predominant use of lands in this designation is conservation, reforestation, agriculture and farm related uses. The Official Plan identifies, by way of a symbol, a Rural Employment Area near the northeast corner of the intersection of Regional Roads 30 and 47. This is generally considered to be the location of Phase 1 and 2 of the Uxville Industrial Park. There is also a symbol showing the location of an aggregate area further north on Regional Road 30 in the vicinity of the site. The Township Official Plan identifies the site as “Countryside Area”. Phase 1 and 2 of the Uxville Industrial Park is defined as a Policy Area associated with Industrial development in the Township’s Official Plan. The subject property is not included in this Policy Area. The portion of the subject lands with the existing building containing the industrial operation is zoned “Rural Exception No. 91 (RU-91)” in the Township of Uxbridge Zoning By-law 81-19, as amended. A small-scale industrial glass and aluminum fabrication operation with a maximum gross floor area of 4,645 square metres square

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metres with no outside storage permitted is a permitted use in this zone for a period of three years expiring the 21st day of June, 2024. ANALYSIS: The Cairo Group has operated Stouffville Glass, Mirror and Aluminium Ltd. on the current site legally since 2006 while they have actively explored opportunities for recognition of the use as a permanent permitted use. The approval of a Minister’s Zoning Order will provide that recognition for a use which has demonstrated that it can operate without environmental impacts, while contributing to the economy of the Township, the Region and the Province. RECOMMENDATION:

1. THAT Report DS 34/21 re: Cairo Group/Stouffville Glass, Mirror and Aluminium Ltd., Request for Minister’s Zoning Order for 3759 Durham Regional Road 30, Part Lot 15, Concession 1, Township of Uxbridge be received; and,

2. AND THAT Council directs the Clerk to advise the Minister of Municipal Affairs and Housing that it is satisfied that there has been a sufficient amount of stakeholder engagement over the years and that it supports the application by Cairo Group/Stouffville Glass, Mirror and Aluminium Ltd. for a Minister’s Zoning Order pursuant to Section 47 of the Planning Act (in the form attached as Attachment “6”) to recognize an existing glass and aluminium fabrication operation on lands located at 3759 Durham Regional Road 30, Part Lot 15, Concession 1, Township of Uxbridge;

3. AND FURTHER THAT Council direct Township staff and consultants to work

with Cairo Group to implement the Minister’s Zoning Order through future Planning Act applications, including Site Plan approval

Submitted by: __________________________ Elizabeth Howson MCIP, RPP Macaulay Shiomi Howson Ltd.

Attachment “1”

Location Map3759 Durham Regional Road 30 Part Lot 15, Concession 1, Township of Uxbridge

June 2021

ATTACHMENT 1

¯

Subject Lands

Uxville Industrial Area

Attachment “2”

ATTACHMENT 2

EXCERPT FROM ZONING BY-LAW N U M B E R 81-19

(As Amended) OF THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE

4.4.5.91 RURAL EXCEPTION NO. 91 (RU-91) ZONE

(B/L. No. That notwithstanding the provisions of Section 4.4.1.b. of Zoning By-law No. 81-19, 2006-198 as amended, to the contrary and in accordance with Section 39 of the Planning Act 2009-090 R.S.O. 1990, as amended, within the Rural Exception No. 91 Zone, located in Part of 2012-102 Lot 15, Concession 1, in the Township of Uxbridge, only the uses and provisions 2015-079 noted below shall apply on a temporary basis for a three (3) year period commencing 2018-083 on the 21st day of June 2021, and terminating on the 21st day of June 2024. 2020-124)

a. PERMITTED USESNo person shall within the Rural Exception NO. 91 (RU-91) Zone use anyland or erect, alter or use any building or structure except for the followinguse:

i. A small-scale industrial glass and aluminum fabrication operation.

b. PROHIBITED USES

i. Outside storage

c. REGULATIONS FOR PERMITTED USES

i. Maximum gross floor area – 4,645 m2

N ('")

c ...J

LDT 17

99-046

LDT 14

M1-27

M 108

c 121 M1-33 ...J

LDT 12

EXCERPT FROM ZONING BY-LAW 81-19

SCHEDULE 'A3'

ZONE MAP CORPORATION OF THE TOWNSHIP OF

UXBRIDGE CON.6

I...._ _ _.I Subject Lands I

June 2021

Attachment “3”

Attachment “4’

Attachment “5”

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REPORT Development Services

TO: Mayor and Council FROM: Elizabeth Howson Macaulay Shiomi Howson Ltd. DATE: November 9, 2020 REPORT: DS 35/20 FILE: ZBA 2020-02

SUBJECT: Extension of Temporary Use By-law Part Lot 15, Concession 1

(Uxbridge), 3759 Durham Regional Road 30, Township of Uxbridge, Cairo Group

BACKGROUND: The subject property is identified as being +/- 19 ha total in size and is relatively flat. It has a frontage of 173 metres on Durham Regional Road 30. An industrial building is located in the south west quadrant of the property. The building is used for a glass and aluminum fabrication operation (Stouffville Glass, Mirror and Aluminum Ltd.) and has a gross floor area of 929 square metres. On the remainder of the property is a residence, a barn and a garage and agricultural uses. There are no significant natural features on the site, with the majority of the land being used for agriculture. To the south is the Uxville Industrial Area; to the north is a rural residential use, and an industrial use which makes concrete products, and agricultural land uses; to the east is the Uxville Industrial Area and agricultural land uses; and to the west is aggregate extraction and rural residential uses. In 2005, the Cairo Group submitted a building permit to construct an agricultural building at 3949 Durham Regional Road 30. During an inspection of the building by staff in January 2006, it was discovered that Mr. Cairo’s business, called Stouffville Glass Inc. at the time, was operating from this location. Mr. Cairo was

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advised that the use was not permitted and that action should be taken to rectify the situation. In February 2006, applications were received to amend the Township of Uxbridge Zoning By-law No. 81-19 and to enter into a site plan agreement to permit an industrial establishment at this location. On May 30, 2006, the Township received correspondence from the applicant requesting to revise the application, proposing a temporary zoning by-law amendment in accordance with Section 39 of the Planning Act. A Temporary Use By-law was passed on September 25, 2006 allowing the use for a period of three years. The Temporary Use By-law was set to expire on September 24, 2009. In 2009, Stouffville Glass Inc. applied to the Township for an extension to the Temporary Use for a further period of three years to allow the applicant sufficient time to find a permanent solution. As part of the 2009 application, the applicant submitted a Planning Analysis prepared in 2009 as support for extension of the Temporary Use. The report states that the continuation of the business would not adversely affect the ecological integrity of the Oak Ridges Moraine Area, would not adversely affect the rural character of the Countryside Area of the Oak Ridges Moraine Area, would conform to the policies of the Countryside Area and Small Scale Commercial, Industrial, and Institutional Uses of the Oak Ridges Moraine Conservation Plan and would not conflict or compromise the policies of the Regional Official Plan relating to the Greenlands System. Council agreed to the extension in 2009 and a second temporary use by-law was passed that expired in July 2012. In March 2012, Mr. Cairo applied for an additional three year extension to the temporary use by-law, to allow for preparation for the ORMCP Review in 2015. This extension was approved on April 27, 2012. A further three year extension was then applied for and approved in 2015 given that the Provincial review of the ORMCP was currently in process and not expected to be completed until 2016. The review was not fully complete until 2017 and it did not change the policies or designations with respect to the subject lands. In view of the results of the ORMCP review, the applicant began exploring options available for the industrial use to continue on the subject lands. Consequently, an application was submitted in 2018 for a further extension of the temporary use by-law. A letter from the Minister of Municipal Affairs dated July 28, 2017 was submitted by the applicant in support of the application. It notes that “municipalities are required to implement the ORMCP through their local official plans and zoning by-laws…..I encourage you to continue to work with the Township of Uxbridge.” A three year extension was approved in 2018 which expires in June 2021. Since the extension of the temporary use by-law, the applicant has actively been exploring options available for the industrial use to continue on the subject lands as a result of changes such as the approval of the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 ( Growth Plan) and the on-going review

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of the Regional Official Plan. However, in the meantime, there is also a need to enlarge the building to accommodate expansion of the current business operation, and a related increase in the the number of employees, in response to a number of new contracts. Given the complexity of the process to allow the industrial use to continue on the subject lands, and the need for expansion, an application has been submitted to extend the temporary use for an additional three years commencing June 21, 2021 and to permit the expansion of the existing building. Recognizing the uncertainty regarding the status of the current use, the building expansion (like the existing building) is proposed to be a pre-fabricated Butler building. PLANNING STATUS: OAK RIDGES MORAINE CONSERVATION PLAN: The subject lands are designated “Countryside Area” in the Oak Ridges Moraine Conservation Plan (ORMCP). Uses permitted in the “Countryside Area” include: conservation; agriculture; home businesses and mineral aggregate operations and mineral aggregate operations. Small scale industrial uses are also permitted in the “Countryside Area” if they are supportive, complementary to, or essential to those uses permitted in the “Countryside Area”. Typical examples of small scale industrial uses would be a farm implement repair and service shop. The ORMCP requires that approval of a small-scale industrial use must demonstrate that:

• It is not feasible to locate the use in a settlement area and; • The rural character of the Countryside Area and ecological integrity of the

Plan are not adversely affected by the establishment of the use.

OFFICIAL PLAN AND ZONING BY-LAW: The subject lands are designated “Greenlands System - Oak Ridges Moraine – Countryside Area” in the Region of Durham Official Plan. The predominant use of lands in this designation is conservation, reforestation, agriculture and farm related uses. The Official Plan identifies, by way of a symbol, a Rural Employment Area near the northeast corner of the intersection of Regional Roads 30 and 47. This is generally considered to be the location of Phase 1 and 2 of the Uxville Industrial Park. There is also a symbol showing the location of an aggregate area further north on Regional Road 30 in the vicinity of the site. The Township Official Plan identifies the site as “Countryside Area”. Phase 1 and 2 of the Uxville Industrial Park is defined as a Policy Area associated with Industrial development in the Township’s Official Plan. The subject property is not included in this Policy Area.

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The portion of the subject lands with the existing building containing the industrial operation is zoned “Rural Exception No. 91 (RU-91)” in the Township of Uxbridge Zoning By-law 81-19, as amended. A small-scale industrial glass and aluminum fabrication operation with a maximum gross floor area of 1075 square metres with no outside storage permitted is a permitted use in this zone for a period of three years expiring the 21st day of June, 2021. The remainder of the property is zoned “Rural (RU)”. AGENCY AND PUBLIC CONSULTATION: Agency Consultation Two agencies expressed concern with the original application being the Toronto Region Conservation Authority (TRCA) and the Region of Durham. These agencies were contacted in 2009 with respect to the extension of the temporary use and their comments were as follows: TRCA - 2009 No Comment. The property is not within a Regulated Area pursuant to Ontario Regulation 166/06 and does not contain, and is not near, any key natural heritage or hydrological sensitive features. Region of Durham - 2009 The Region of Durham provided comments on the application indicating that the applicant had not satisfactorily address the requirements of the ORMCP and the Region of Durham Official Plan. Given comments indicating lack of objection from the TRCA on the extension of the temporary use, for the current extension, only the Region of Durham was consulted in 2012, 2015 and 2018. Region of Durham - 2012 The Region of Durham provided a letter dated April 27, 2012 indicating that the proposal did not conform to the provisions of the ORMCP and the Region of Durham Official Plan and they could not support the extension of the temporary use and recommended the application be denied. Region of Durham -2015 The Region of Durham provided a letter dated May 27, 2015 indicating that the proposal did not conform to the provisions of the ORMCP and the Region of Durham Official Plan. Further, they state that “the applicant has not sufficiently demonstrated the feasibility of locating the operation in a settlement area and has not provided any inclinations of relocating the operation in a settlement area.” They go on to state that given the inactivity of the applicant, the Region requests that the application be denied.

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Region of Durham -2018 The Region of Durham provided a letter dated May 3, 2018 indicating that in accordance with their previous comments, the proposal does not conform to the provisions of the ORMCP and the Region of Durham Official Plan. Further, they state, as they did in previous comments, that “the applicant has not sufficiently demonstrated the feasibility of locating the operation in a settlement area, and has not provided any inclinations (sic) of relocating the operation in a settlement area.” The Region goes on to state that given the inactivity of the applicant, the Region requests that the application be denied. Given the current application proposes an expansion of the existing building, the application was again circulated to both the Region of Durham and the TRCA. Region of Durham The Region provided a letter dated October 30, 2020 which concludes as follows: “It is noted the industrial glass/aluminum fabrication operation was originally approved as The Township of Uxbridge By-law 2006-198 in 2006 as a temporary use for a period of three years, extended for three years as By-law 2009-090, and extended for another three years as By-law 2012-101. The Region’s comments regarding the original proposal, extension, and subsequent extension, dated May 9, 2006, July 9, 2009, and April 27, 2012 respectively, remain applicable. The Region’s previous comments have indicated the temporary land use is not in conformity with the ORMCP and the ROP. Since approval of By-law 2006-198, the applicant has not sufficiently demonstrated the feasibility (sic) of locating the operation in a settlement area and has not provided any inclinations of relocating the operation to a settlement area. Given the inactivity by the applicant in addressing the policies of the ORMCP and the ROP since the approval of By-law 2006-198, the Region requests this application to extent and expand the nature of the temporary use by-law under section 39(3) of the Planning Act be denied.” TRCA The TRCA provided a letter dated November 4, 2020 which indicates that “Staff have no concerns with the updated ORMCP conformity report.” However, they request deferral of the application until a stormwater management report is provided for TRCA review. A Site Grading Plan and Erosion Sediment Control Plan is also requested. Public Consultation A public meeting was held on September 14, 2020. There were no questions or comments from the public. ANALYSIS AND CONCLUSIONS: The Township has established a process for reviewing the extension of Temporary Uses that includes:

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- reviewing whether any agencies had concerns with the original temporary use; if so, these agencies are contacted to determine whether their concerns still remain;

- preparing a report to Council with a recommendation on the appropriateness of extending the temporary use; and,

- if Council decides to extend the temporary use, that notice of the passing of the by-law be provided in accordance with the provisions of Section 34 of the Planning Act.

The applicant has requested a further extension to the Temporary Use By-law passed to permit a small-scale industrial glass and aluminum fabrication operation on a portion of the subject lands, as well as permitting the expansion of the existing building. This request is based on allowing sufficient time to find a permanent solution given the complexity of the process to permit the industrial use to continue on the subject lands. It will also allow the expansion of the existing building to accommodate expansion of the current business operation, and a related increase in the number of employees, in response to a number of new contracts. However, the applicant, recognizing the uncertainty regarding the status of the current use, has proposed that the building expansion (like the existing building) will be a pre-fabricated Butler building. The original interpretation of the Township Planner at the time of the application was as follows: “The use cannot be considered a small-scale industrial use that is supportive of, complimentary(sic) to, or essential to the uses permitted in the “Countryside Area” of the ORMCP. The ORMCP also states that small-scale industrial uses shall only be permitted outside settlement areas if there are no appropriate locations for the use in the settlement areas. Employment lands are available in the Township’s two rural employment areas. The use does not conform to the policies of the ORMCP or the Region of Durham Official Plan. The structure and use has been built and established as a permanent use and cannot be considered a temporary use. The boundary of the Uxbridge Industrial Area is fixed by the ORMCP and is not anticipated that this industrial area will expand in the foreseeable future”. With respect to the existing temporary use by-law, the previous Township Planner recommended that the application for temporary use be denied. However, Council, at the time, passed the temporary use by-law authorizing the use for a period of three years. In July 2009, a subsequent Council extended the temporary use by enacting a by-law authorizing an additional three years to July 2012. Within the years following the original approval of the temporary use by-law, the policies of the ORMCP and the Region of Durham Official Plan did not change such that they would permit the use at this time, despite the review which concluded in 2017. The Township obtained final approval of its ORMCP Official Plan conformity exercise in early 2010 which also does not permit the use.

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Since the approval of the original temporary use by-law, the applicant has proceeded in compliance with the Zoning By-law and other regulations. This includes complying with the building size requirements of the temporary use by-law and the applicant paying the required building permit application fees and the applicable development charge fees relating to the building. Further, since the extension of the temporary use by-law, including since the 2018 extension, the applicant has actively been exploring options available for the industrial use to continue on the subject lands as a result of changes such as the approval of the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (Growth Plan) and the on-going review of the Regional Official Plan. They have also explored options to location elsewhere. However, in the meantime, there is also a need to enlarge the building to accommodate expansion of the current business operation, and a related increase in the number of employees, in response to a number of new contracts. Given the complexity of the process to allow the industrial use to continue on the subject lands or to relocate, and the need for expansion, an extension of the temporary use for an additional three years is appropriate. This is in the context that the applicant understands the uncertainty regarding the status of the current use and the risk inherent in any building extension and thus proposes to use a pre-fabricated Butler building. Further, that any building expansion shall be subject to site plan approval under the Planning Act prior to the issuance of a building permit. The requirements of the TRCA can be addressed through the site plan approval process. RECOMMENDATION: 1. THAT the Report DS 35/20 re: Extension of Temporary Use By-law Part Lot 15,

Concession 1 (Uxbridge), 3759 Durham Regional Road 30, Township of Uxbridge, Cairo Group dated November 9, 2020 be received;

2. AND THAT the application by Cairo Group for the extension of the temporary

use for three years to permit a small scale industrial glass and aluminium fabrication operation use with a building with a maximum size of 4,645 square metres on the lands at Part Lot 15, Concession 1 (Uxbridge), 3759 Durham Regional Road 30, Township of Uxbridge at be approved and the implementing by-law adopted;

3. AND THAT any application for expansion of the building existing as of August

10, 2020 be subject to site plan approval under the Planning Act prior to the issuance of a building permit and that as part of the site plan approval process a stormwater management report, including a discussion of on-site water balance under pre-development, post-development (unmitigated) and post-development (mitigated) conditions, and a Site Grading Plan and Erosion Sediment Control Plan be submitted and be circulated to the TRCA for their review and comment.

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The recommended implementing Zoning By-law amendment is found in Appendix A to this report. Submitted by: __________________________ Elizabeth Howson, MCIP, RPP Macaulay Shiomi Howson Ltd.

Appendix A

Temporary Use By-law Extension Cairo Group

1

BY-LAW NUMBER 2020-__

OF

THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE

BEING A BY-LAW PASSED PURSUANT TO THE PROVISIONS OF SECTIONS 34 AND 39 OF THE PLANNING ACT, R.S.O. 1990, AS AMENDED, TO AMEND ZONING BY-LAW NO. 81-19, AS AMENDED, OF THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE, WITH RESPECT TO CERTAIN LANDS LOCATED IN PART OF LOT 15, CONCESSION 1 TOWNSHIP OF UXBRIDGE AND FURTHER DESCRIBED AS 3759 YORK-DURHAM LINE.

WHEREAS the Council of the Corporation of the Township of Uxbridge approved an application to amend Zoning By-law No. 81-19 for a Temporary Use on the 25th day of September 2006, for a period of three (3) years ending on September 24, 2009; AND WHEREAS the Council of the Corporation of the Township of Uxbridge approved an application to amend Zoning By-law No. 81-19 to extend the Temporary Use for an additional 3 years on the 13th day of July 2009, for a period of three (3) years ending on July 12, 2012, and again for an additional 3 years on the 25th day of June 2012 ending on the 24th day of June 2015, and then for an additional 3 years on the 22nd day of June, 2015 ending on the 21st day of June 2018 and then for an additional 3 years on the 21st day of June 2018 ending on the 21st day of June 2021;

AND WHEREAS an application has been submitted for consideration to extend the Temporary Use for an additional period of three (3) years to continue to permit a small scale industrial glass and aluminum fabrication operation on the lands located in Part of Lot 15, Concession 1 in the Township of Uxbridge and further described as 3759 York-Durham Line and to allow for the expansion of the building existing as of August 10, 2020; AND WHEREAS Section 39 (3) of the Planning Act, R.S.O. 1990, as amended, provides that the Council of the Corporation of the Township of Uxbridge may, by by-law grant further periods of not more than three years each during which the temporary use is authorized; AND WHEREAS the By-law hereinafter set out conforms with the general intent and purpose of the Official Plans for the Regional Municipality of Durham and the Township of Uxbridge; AND WHEREAS the Council of the Corporation of the Township of Uxbridge has, pursuant to Section 34 (17) of the Planning Act, R.S.O. 1990, as amended, considered whether further notice is to be given with respect to the By-law prior to the passing thereof and has determined that the By-law hereinafter set out substantially implements the proposal presented at the public meeting with respect to the subject lands held on the 14th day of September, 2020, and that no further public meeting is necessary.

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NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE HEREBY ENACTS A BY-LAW AS FOLLOWS: 1. THAT Section 4.4.5 entitled "Special Zone Categories - Rural (RU) Zone" of

Zoning By-law No. 81-19, as amended, is hereby amended by making the following changes to Section 4.4.5.91: 1.1 Delete the phrase in the introductory paragraph "commencing on the 21st day

of June 2018, and terminating on the 21st day of June 2021" and replace it with the phrase "commencing on the 21st day of June 2021, and terminating on the 21st day of June 2024"; and,

1.2 Delete in Section 4.4.5.91 c. i. the number “1075” and replace it with the number “4,645”.

2. THAT Zoning By-law No. 81-19, as amended is hereby amended to give effect to

the foregoing, but Zoning By-law No. 81-19, as amended, shall in other respects remain in full force and effect save as may be otherwise amended of hereinafter dealt with.

3. THAT this By-law shall come into force on the date it is passed by the Council of

the Corporation of the Township of Uxbridge subject to the applicable provisions of the Planning Act. R.S.O. 1990, as amended.

READ a FIRST, SECOND and THIRD TIME and finally passed this ___ day of November, 2020.

_______________________________ DAVE BARTON

MAYOR

_______________________________ DEBBIE LEROUX

CLERK

Attachment “6”

ONTARIO REGULATION

Made under the

PLANNING ACT

ZONING ORDER – TOWNSHIP OF UXBRIDGE, REGION OF DURHAM

Interpretation

1. In this Order, “zoning by-law” means Zoning By-law 81-19, as amended. Application

1. This Order applies to lands in the Township of Uxbridge, Region of Durham, in the Province of Ontario, being the lands outlined in red on a map numbered ___ identified by a stamp of the Registrar of Regulations on (INSERT DATE), 2021 and filed at the Toronto office to the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Zone

2. Continue to zone the lands subject to this Order “Rural Exception No. 91 (RU-91) Zone”, while deleting the temporary use provisions such that the first sentence of the zoning regulation shall read: That notwithstanding the provisions of Section 4.4.1.b. of Zoning By-law No. 81-19, as amended, to the contrary, within the Rural Exception No. 91 Zone, located in Part Lot 15, Concession 1, in the Township of Uxbridge, only the uses and provisions noted below shall apply:

Permitted Uses

3. The permitted uses on the subject lands shall be limited to the following: A small-scale industrial glass and aluminum fabrication operation Prohibited Uses

4. Outside Storage

Regulations 5. Maximum gross floor area – 4,645 square metres.

Effect of Order

6. Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order.

7. Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use altered.

8. Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Deemed by-law 9. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be and

to always have been a by-law passed by the council of the Township of Uxbridge.