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4.
ZONING - 3628 NAVAN ROAD ZONAGE - 3628, CHEMIN NAVAN |
Committee recommendation as
amended
(This application is subject
to Bill 51)
That Council reject an amendment to the former City of Gloucester
Zoning By-law to change the zoning of part of 3628 Navan Road from Fg - Future
Growth Area Zone to Fg(T1) – Future Growth Temporary Use One Zone as shown in
Document 1 and as detailed in Document 2.
Recommandation modifiÉe du Comité
(Cette demande est
assujettie au Règlement 51)
Que le Conseil rejette la
modification du Règlement de zonage de l’ancienne ville de Gloucester visant à
permettre de changer le zonage d’une partie du 3628, chemin Navan de Fg – zone
de croissance future – à Fg (T1) – zone de croissance future, utilisation
temporaire 1 – comme le montre le Document 1 et le décrit le Document 2.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 1 November 2007 (ACS2007-PTE-APR-0173).
2.
Extract
of Draft Minutes, 13 November 2007.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
01 November 2007 / le 01 novembre 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Planning, Transit and the Environment
Urbanisme, Transport en commun et Environnement
Contact Person/Personne ressource : Karen Currie,
Manager / Gestionnaire, Development Approvals / Approbation des demandes
d'aménagement
(613) 580-2424, 28310 Karen.Currie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the former City of Gloucester Zoning By-law to change the zoning of part of 3628 Navan Road from Fg - Future Growth Area Zone to Fg(T1) – Future Growth Temporary Use One Zone as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver la modification du Règlement de zonage de
l’ancienne ville de Gloucester visant à permettre de changer le zonage d’une
partie du 3628, chemin Navan de Fg – zone de croissance future – à Fg (T1) –
zone de croissance future, utilisation temporaire 1 – comme le montre le Document
1 et le décrit le Document 2.
BACKGROUND
The subject site is a vacant
4.6-hectare property located on the south side of Navan Road and west of
Mer Bleue Road. To the south of the site is an abandoned Canadian Pacific rail
line and the Mer Bleue Bog. The Waste
Services Inc. (WSI) waste disposal facility is situated nearby to
the west.
The area is
characterized by a variety of uses including commercial, industrial and
residential, the main land use in the area being the WSI site. A watercourse
known as the Ottawa Front Municipal Drain traverses the site.
The subject property is currently zoned Fg – Future Growth Area Zone and HFg – Holding Future Growth Area Zone. The Fg zone permits limited uses including existing legally established uses as well as agriculture, riding stables and outdoor recreational uses. The intent of the Fg zone is to preserve land for future urban development and to restrict uses in order not to impede the future development.
The purpose of the application is to amend the Zoning By-law in order to permit a temporary construction materials recycling operation on the site.
Details of Proposed Use
The proposed amendment would allow the sorting, processing and temporary storage of construction and demolition materials on the site. The materials to be processed will be mainly construction waste from new home construction and will consist primarily of wood, drywall, masonry and metals. The intent is to process 200 tonnes of construction and demolition waste daily. There will be no disposal of waste or the handling of liquid, hazardous or toxic material.
The sorting, processing and temporary storage area would
be limited to approximately 1.24 hectares of the 4.6 hectares and would be
located where the property widens out at the end of an existing access road,
about 350 metres south of Navan Road and just north of the watercourse.
The construction waste will be transported via trucks to the sorting and processing area, where the material will be unloaded and sorted into separate containers for processing. Before unloading, each container will be inspected to ensure it contains only approved materials for processing.
Sorted materials that can be recycled would then be processed as necessary. Some recyclable materials, mainly wood products, will be processed on site using a mobile shredder. The material would then be stored temporarily on site until it is picked up for further processing elsewhere. Any non-recyclable materials remaining would be placed into containers and transported to a waste disposal site. No permanent structures of any kind are being proposed on the site.
DISCUSSION
The Official Plan designation for the site is
Developing Community with the underlying designation being General Urban Area.
The General Urban Area designation permits a wide range of uses
including all types and densities of housing, as well
as employment, retail, service, industrial, cultural, leisure, greenspace,
entertainment and institutional uses.
The
Developing Community designation identifies parts of the city that are
undeveloped or substantially underdeveloped that offer opportunity for new
residential development at increased intensities and opportunities to create
complete, sustainable communities.
The
completion of a Community Design Plan is generally required prior to any
development being approved in a Developing Community.
The property is also situated within the 500-metre Active Solid Waste Disposal Site influence area. Any proposed uses within this influence area must demonstrate that the active waste disposal site will not have an impact on the proposed use and that there will be no impacts on continuing waste disposal operations from the proposed use. In considering development proposals within the influence area, the City will be guided by the nature of the land use and will generally consider compatible uses, such as waste-processing facilities and other industrial uses.
The location of the property within the Active Solid Waste Disposal Site influence area imposes strict limitations on the types of uses that can be accommodated and the development potential of the property for the foreseeable future. Many of the more sensitive and lucrative uses permitted under the policies of the Developing Community and General Urban Area designations will not be appropriate until the waste disposal site is decommissioned and rehabilitated in part or in whole.
The Province has recently approved WSI’s environmental assessment for
its proposed expansion of the waste disposal
site, which will potentially extend the life of the facility for the next
11 years. The southern portion of the proposed construction
materials recycling operation borders the WSI
property, and due to the potential expansion of the waste disposal facility,
will be within the influence area for years to come.
The proposed construction materials recycling operation is compatible with the adjacent waste disposal site, which makes it an appropriate use to be located within the influence area. It is one of the few uses that can be established on the site, without undermining the intent of the Developing Community policies. The temporary nature of the operation makes it is an ideal transitional use for the area. The property can be readily adapted for redevelopment as necessary once the overall area is suitable for development in conjunction with the policies of the Official Plan and the future Community Design Plan.
Compatibility with Adjacent Uses
The uses surrounding the site are varied, which reflects the transitional nature of the area. The proposed construction materials recycling operation is in keeping with many of the existing commercial and industrial uses in the area, which include many land extensive uses, many of which are construction related. The proposed operation is compatible and will not have an impact on any of these uses, including the WSI waste disposal site.
Any potential impact on the residential uses in the area is anticipated to be minimal due to the scale and function of the proposed construction materials recycling operation as well as the mitigating measures included in the development.
The processing area will be located approximately 350 metres from Navan Road and 240 metres from the nearest residential dwelling unit and will be surrounded on three sides by a 6.0-metre high landscaped berm. The distance of the processing area from Navan Road as well as the berm will act to buffer the operation from any residential uses along Navan Road, providing both noise attenuation as well as visual screening.
A solid wood site obscuring fence 3.0 metres in height is proposed along the front property line and for a distance of 150 metres along the east and west property lines adjacent to access driveway in order to mitigate any impact from truck traffic to adjacent residential uses.
The shredder to be used in the processing area is specifically designed to be used in urban and suburban settings where noise and dust can be an issue. A noise study produced by the applicant indicates that the proposed operation complies with the Ministry of the Environment guidelines and determined that noise levels generated are not in excess of existing noise levels along Navan Road and would not adversely impact the existing noise environment of the area.
The proposed construction materials recycling operation is situated on one of many rural arterial roads within the Urban Boundary. The traffic brief provided with the application indicates that the existing vehicle traffic, for this section of Navan Road, is well below the maximum vehicle levels that a rural arterial road can accommodate.
It is anticipated that the proposed construction materials recycling operation will generate 30‑50 truck trips daily. This includes trucks bringing waste to the site to be sorted, off-site trips for further processing of recyclable materials and trips of non-recyclable material to the waste disposal facility.
When considering peak period, heavy vehicle traffic currently averages approximately 500 vehicles per day for this area; the number of truck trips associated with the proposed use is minimal. Navan Road can accommodate the anticipated traffic and continue to function well below the maximum vehicle traffic standards for an arterial road.
It should be noted that there is the potential that a percentage of the 30-50 truck trips associated with the proposed construction materials recycling operation, will include existing truck traffic that in the past transported construction waste to the WSI waste disposal site. A percentage of this truck traffic could potentially be redirected to the proposed operation for recycling, which could reduce the overall net increase in traffic.
Details of Proposed Zoning
The proposed Zoning By-law
amendment would create an exception to the Fg –Future Growth Area Zone, which
would permit the outdoor processing, temporary storage and sorting of
construction and demolition materials on the site for a temporary period of
three years. No permanent buildings or structures
would be permitted.
The temporary zone will be limited to the area fronting onto Navan Road, the access driveway and processing area. The remaining portion of the property will remain zoned HFg as indicated on Document 1. Many of the mitigating features identified by the proponents have been incorporated into the temporary zone, and are outlined on Document 2.
Summary
A large percentage of waste entering landfill sites in Ottawa is associated with the construction and demolition industry. The proposed construction materials recycling operation will help both the City and Province meet their waste reduction objectives by diverting approximately 200 tonnes of construction waste material daily, including wood, drywall, masonry and metals, that would have traditionally ended up as landfill.
The proposed construction materials recycling operation is an ideal transitional use for the area and is appropriate for this site since it complies with the Ottawa Official Plan policies and is compatible with the adjacent uses.
The use will have no permanent status and will require an additional application and review to extend the use beyond the three-year temporary period. This allows the City the ability to reassess the appropriateness of the use continuing based on any possible changes in the development potential of the area and to review any potential functionality issues.
The Department recommends
approval of an amendment to
add an exception to the Fg –Future Growth Area Zone that adds as a temporary use, a construction
materials recycling operation,
subject to the limitations outlined in Document 2.
ENVIRONMENTAL IMPLICATIONS
Under the Environmental Protection Act (EPA) the proposed use is considered a Waste Processing Site and is subject to approval under the Ministry of the Environment (MOE). Under the EPA and the Ontario Water Resources Act, the applicant requires various Certificates of Approval from the MOE before operations can commence. These include Waste Processing, Air and Noise and Water Certificates of Approval. The Provincial environmental review and approvals process is extremely comprehensive and stringent and will ensure that the potential for impacts on the environment are minimal.
The MOE when reviewing the Waste Processing Certificate of Approval considers a range of factors including waste types and quantities, process and equipment to be utilized in the operation, design of waste storage area, vehicle access to the site, site operations including hours of operation, fencing, etc.
As part of the Certificate of Approval process for Air and Noise, an Emissions and Dispersion Modeling (ESDM) Report and a Noise Impact Assessment (NIA) Study were completed. Both ESDM and NIA concluded that the proposed use complies with MOE guidelines and relevant provincial and municipal regulations.
A Water Certificate of Approval is also required. A drainage study was prepared as part of the submission requirement, which addressed the separate control of all stormwater runoff originating from the proposed operation. The drainage study must include, a description and plan of the stormwater management system, determination of the volume of runoff (and design for storage) associated with 20-year storm and grading of ditches and surface elevations indicating direction of drainage.
At the time of the Zoning Amendment Report approvals from the MOE are still outstanding.
In consultation with the South Nation Conservation Authority, it was determined that a 15-metre setback should be maintained between the top of bank of the watercourse on the site and any development. This setback has been reflected in the proposed by-law details.
The sorting, processing and
temporary storage area is approximately 350 metres from the Mer Bleue Bog. The
National Capital Commission (NCC) has been consulted regarding the proposed
Zoning By-law amendment and have no comments on the proposed use.
CONSULTATION
Notice
of this application was carried out in accordance with the City's Public
Notification and Consultation Policy. The
Ward Councillor is aware of this application and the staff recommendation. A Public Information Meeting was held on September 10, 2007.
Detailed comments and responses from the Public Notification and Consultation
process are contained in Document 3.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
The application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-law
amendments due to the complexity of the issues associated with the location of
the processing area adjacent to the watercourse.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
Document 3 Consultation
Details
DISPOSITION
City Clerk’s Branch, Council and Committee
Services to notify the owner, Millenn Construction Inc. 5460 Canotek Road, Unit
109, Ottawa, ON, K1H 9H2, applicant, Kevin Harper, IBI Group, 1770 Woodward
Drive, Suite 200, Ottawa, ON, K2C 0P8, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa,
ON K2E 7J5,
Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
Details of Recommended Zoning
1. The land as shown on Document 1 is to be rezoned from Fg, Future Growth to Fg(T1), Future Growth Temporary One
2. A temporary zone, Fg(T1), will be added to Section 13 including the following requirements:
- a waste processing facility, limited to the exterior processing, temporary storage, sorting and recycling of construction and demolition material, is permitted for a temporary period of three years. The processing of liquid, hazardous or toxic materials shall not be permitted,
- flood or erosion control facilities shall be permitted
- the storage, processing or sorting of material is not permitted within 250 metres of Navan Road,
- no permanent structures are permitted,
- a temporary office trailer accessory to the main use is permitted,
- a building line requirement of 6.0 metres from the accessory temporary trailer office to any lot line shall be maintained,
- a minimum of four (4) parking spaces or one space per 20 square metres of gross floor area of office space, whichever is greater, shall be provided,
- 15-metre minimum setback for any development from top of bank of the watercourse known as the “Ottawa Front Municipal Drain” is required,
- a fully sight obscuring buffer having a minimum height of 1.8 metres shall be provided between any parking area and any residential use or zone.
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a fully sight obscuring buffer having a minimum height of 1.8 metres shall be provided
along the side property lines for a distance of 150 metres from the front
property line.
- 11.1.4.7 does not apply.
- 11.1.4.10 does not apply.
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frontage
(minimum) 36 metres,
- lot size (minimum) 4.6 hectares.
CONSULTATION DETAILS DOCUMENT
3
NOTIFICATION AND CONSULTATION
PROCESS
Notification and public consultation
was undertaken in accordance with the Public Notification and Public Consultation
Policy approved by City Council for Zoning By-law amendments. One public information meeting was also held
in the community.
SUMMARY OF PUBLIC INPUT
The summary of public comments includes comments from the Public Notification and Public Consultation process as well as from the public information meeting held September 10, 2007.
Fifteen members of the community attended the Public Information Meeting and prior to the meeting two comments on the application where received from the public, against the proposed Zoning Amendment.
The main concerns that came out of the public consultation process included:
Traffic – Concern regarding the potential increase in traffic on Navan Road from the proposed use as well as traffic issues relating trucks waiting to turn off Navan Road onto the lane.
Response – The traffic brief provided with the application indicates that Navan Road currently handles well below the maximum traffic amounts recommended for a rural arterial road. The current heavy truck traffic volume during the peak day period is approximately 500 vehicles per day. The proposed use will generate between 30-50 truck trips. The facility is proposing to operate weekdays between the peak periods of 7:00am and 6:00pm. Based on the potential truck trips associated with the use, the average hourly truck traffic entering the site would be between three and four trucks. When compared to the existing amount of truck traffic this increase is negligible and Navan Road will be able to accommodate this increase based on the standards for an arterial roads. The net increase may be less than 30-50 truck trips since it is anticipated that some existing truck traffic that was going nearby WSI waste disposal site will now be diverted to the proposed construction material recycling facility. Based on the information contained in the traffic brief, staff did not identify any concerns relating to traffic or from vehicles accessing the site.
Noise – Concern that the shredder and trucks driving down the lane will generate increased noise.
Response – The proposed use requires various Certificates of Approval from the Ministry of the Environment before commencing operations. A Noise and Air Certificate of Approval is required and as part of the submission requirements the applicant submitted a Noise Impact Assessment (NIA) Study. The study concluded that the machinery complied with MOE guidelines relating to noise and noise levels were well below the existing truck traffic noise from Navan Road. The mobile shredder that will be used in the recycling operation is specifically designed for operation in urban and suburban areas where noise and dust could be of concern. The processing area is approximately 350 metres from Navan Road and approximately 240 metres from the nearest residential dwelling.
A 6.0-metre berm will be situated on three sides of the processing area. In addition, the distance from the Navan Road residences and the berm will help to mitigate any impact.
The majority of traffic associated noise will be from the existing traffic on Navan Road. New truck traffic produced by the operation will have to slow down in order to enter the site and due to the reduction of speed required to access the site, it is anticipated that the noise generated will be insignificant compared to the existing traffic noise.
Waste Disposal and Odour issues – Concern that the use is an
expansion of the landfill and that there could be odours and toxic material on
site.
Response - The site will be permitted to only process, sort and store construction and demolition material, which includes such things as wood, drywall, masonry and metals. No waste disposal is permitted and no liquid, hazardous or toxic material is permitted. All material is to be dry and only stored on site for a temporary basis. The proposed use must go through a comprehensive review and approval process with the Ministry of the Environment before operations can commence. Under the Environmental Protection Act the proposed operation is considered a Waste Processing Site. A Waste Processing Site is a site that manages or prepares waste for subsequent reuse or disposal and is not a waste disposal site or landfill. Additional Certificates of Approval are required for air, noise and water.
COUNCILLOR’S COMMENTS
The Councillor is aware of the application.
COMMUNITY ORGANIZATION COMMENTS
Friends of the Mer Bleue Bog
The Friends of the Mer Bleue Bog were present at the subject site for a demonstration of the operation of the shredding machine to be used by the applicant for the proposed construction materials recycling operation. The Friends of the Mer Bleue Bog feel the noise levels produced were very low and should not impact the dwelling units on Navan Road.
The Friends of the Mer Bleue Bog believe the proposed construction waste recycling facility is a good idea and should be mandatory for all demolition and construction companies; however, they contend it should take place within the existing WSI waste disposal site. They also feel that the proposed use will not be temporary in nature and will exist as long as the adjacent waste disposal site exists. They feel the proposed use does not comply with the Official Plan, is not compatible with adjacent uses, will add heavy truck traffic to Navan Road creating traffic issues, will drag dirt/dust onto Navan Road, it will complicate WSI’s ability to monitor air, dust, odour, water and noise problems.
Response – The City must review the merits of the proposed use based on the details and location applied for, which is 3628 Navan Road and not the adjacent WSI site. The application is to amend the Zoning By-law to permit the proposed construction materials recycling facility for a temporary period of three years.
If the amendment is approved the use will not have any permanent status beyond the three year period. Any extension of the use beyond the temporary three-year period would be subject to a new application and review process.
The operation being temporary in nature with no permanent buildings will not impede any future development of the area as per the Official Plan policies of the Developing Community designation as well industrial uses are permitted in the underlying designation, which is General Urban area. The site is also located within the 500-metre Active Solid Waste Disposal Site influence area. The adjacent waste disposal site will not have an impact on the proposed use and there will be no impacts on the continuing waste disposal operations from the proposed use. The proposed operation is compatible with the existing waste disposal facility and therefore conforms to the policies for sites within the 500-metre Active Solid Waste Disposal Site influence area.
The scale of the operation and the various measures included in the development will mitigate any potential impact of the use with the other adjacent industrial, commercial and residential uses. Various approvals through the MOE will ensure that noise, air and water issues will have to comply with the Environmental Protection Act as well as the Ontario Water Resources Act.
The amount of dust and debris on Navan Road associated with the proposed use is anticipated to be minimal. Access to the site is by means of a lane from Navan Road. To mitigate any potential dust or debris impacting Navan Road the applicant intends to use Blastrock, which is much larger than gravel, in the design of the access lane and processing area. Blastrock produces no or minimal amounts of dust or mud as compared to gravel. During drier periods the applicant will monitor the lane and if dust does become an issue, intends to water the lane in order to control dust. Through these measures it is anticipated that dust issues will be negligible and no debris is expected to be dragged out onto Navan Road.