1. ZONING - 3628 NAVAN ROAD
ZONAGE - 3628, CHEMIN NAVAN
(This matter is subject to Bill 51)
That Council approve:
1. An amendment to the Zoning By-law 2008-250 to extend the temporary use zoning of part of 3628 Navan Road from DR - Development Reserve Zone, Exception 1606 to DR - Development Reserve Zone, Exception 1606, for an additional two years, as shown in Document 1 and detailed in Document 2.
2. That the City Solicitor obtain an order for operations at the Navan Recycling Yard to cease and desist immediately should the MOE suspend or revoke Certificate of Approval #4414-782KX9 permitting and governing the use".
RecommandationS modifeÉs DU Comité
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve :
1. une modification au Règlement de zonage 2008-250 afin de prolonger le zonage d’utilisation temporaire, DR – Zone d’aménagement futur, exception 1606, d’une partie du 3628, chemin Navan pour une autre période de deux ans, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
2. que le chef du contentieux de la Ville obtiendra une ordonnance visant l’arrêt des opérations au Navan Recycling Yard si le ministère de l’environnement de l’Ontario suspend ou retire le certificat d’approbation no 4414-782KX9 qui en permet et régit l’utilisation.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 6 November 2009 (ACS2009-ICS-PGM-0207).
That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to extend the temporary use zoning of part of 3628 Navan Road from DR - Development Reserve Zone, Exception 1606 to DR - Development Reserve Zone, Exception 1606, for an additional three years, as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de prolonger le zonage d’utilisation temporaire, DR – Zone d’aménagement futur, exception 1606, d’une partie du 3628, chemin Navan pour une autre période de trois ans, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
The subject site is a 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) Navan Road Landfill is situated to the west. The area is characterized by a variety of uses including commercial, industrial and residential. A watercourse known as the Ottawa Front Municipal Drain crosses through the site.
The subject property is currently zoned DR - Development Reserve Zone, Exception 1606 and DR - Development Reserve Zone. Permitted uses in the DR Zone include agriculture, a community garden, an emergency service, a home-based business, an environmental preserve and education area, a forestry operation, a group home, a marine facility, one detached dwelling accessory to a permitted aforementioned use, a park, and a secondary dwelling unit. The intent of the DR Zone is to preserve land for future urban development and to limit uses to those that reflect the characteristics of the area and do not preclude future development.
The purpose of the application is to amend the Zoning By-law and extend an existing temporary use in order to permit a construction materials recycling operation on the site.
Details of Proposed Use
The proposed amendment would allow the continued sorting, processing and temporary storage of construction and demolition materials on the site. The materials that are being processed at the site are construction waste from new home construction and consist primarily of wood, drywall, masonry and metals. The intent of the Owner is to continue to process 200 tonnes of construction and demolition waste daily. The disposal of waste or the handling of liquid, hazardous or toxic material is not permitted at the site.
The sorting, processing and temporary storage area is limited to approximately 1.24 hectares of the 4.6 hectares site and is located where the property widens at the end of an existing access road, about 350 metres south of Navan Road, immediately north of the watercourse.
The construction waste is transported via trucks to the sorting and processing area, where the material is unloaded and sorted into separate containers for processing. Before unloading, each container is inspected to ensure it contains only approved materials for processing.
Sorted materials that can be recycled are processed as necessary. Some recyclable materials, mainly wood products, are processed on site using a mobile shredder. The materials are then stored temporarily on site until it is picked up for further processing. Any non-recyclable materials remaining are placed into containers and transported to a waste disposal site. No permanent structures of any kind exist or are being proposed on the site.
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 (CDP) is generally required prior to any development being approved in a Developing Community. The CDP for this area – East Urban Community – Community Design Plan – Phase II Area - is currently being undertaken with completion anticipated in 2010.
The property is situated within the 500-metre influence area of an active solid waste disposal site (Navan Road Landfill). 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 uses permitted under the policies of the Developing Community and General Urban Area designations will only be considered with the support of detailed studies.
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.
The proposed construction materials recycling operation is considered a compatible use with that of the adjacent waste disposal site, which makes it an appropriate use to be located within the influence area. It is not considered a more sensitive use that, as per Official Plan policies, requires detailed studies and a risk assessment. The temporary nature of the operation makes it an appropriate transitional use for the area. The property can be redeveloped in the future in conjunction with the policies of the Official Plan and the Community Design Plan.
Compatibility with Adjacent Uses
The uses surrounding the site are varied, reflecting 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 – several, construction related. The proposed operation is compatible with these uses, including the Navan Road Landfill, and is not expected to have a negative impact.
Several residential uses are also within vicinity of the construction materials recycling operation. Any potential impact on the residential uses in the area is expected to be minimal due to the scale and function of the construction materials recycling operation as well as the mitigating measures that have been undertaken and are to be undertaken as part of the development. The processing area is located approximately 350 metres from Navan Road and 240 metres from the nearest residential dwelling unit. The construction materials recycling operation is 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/crusher 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. The applicant has implemented the Noise Control Measures from Ministry of the Environment’s Air Certificate of Approval as well as from the Acoustical Assessment Report, prepared by Integral DX Engineering Ltd (October 26, 2007). The operation continues to comply with the October 1995 Ministry of the Environment Publication NPC-205, Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban).
A Transportation Impact Statement was prepared by IBI Group on June 20, 2007 in support of the original Zoning By-law Amendment application. Since the construction materials recycling yard began operation in April 2008, an average of 30 to 50 truck trips occur to and from the site daily. This includes trucks bringing potential construction-related recyclable material to the site to be sorted, as well as off-site trips for further processing of recyclable materials and trips of non-recyclable material to the waste disposal facility. The number of truck trips associated with the use when compared to the Average Annual Daily Traffic (AADT) for this section of Navan Road, which is estimated to be 7,100 vehicles per day, is considered nominal. Navan Road is a designated truck route and continues to function well below the maximum AADT guideline of 12,000 vehicles for rural arterial roads.
Details of Proposed Zoning
The proposed Zoning By-law amendment would permit an extension to the exception to the DR - Development Reserve Zone - which would permit the outdoor processing, temporary storage and sorting of construction and demolition materials on the site for an additional temporary period of three years. No permanent buildings or structures would be permitted as a result of the extension.
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 DR - Development Reserve Zone - 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.
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 in a landfill. The yard currently, due to the economic downturn, operates at between 100 to 150 tonnes daily.
The proposed construction materials recycling operation is an appropriate transitional use for the area, complies with Official Plan policies and is compatible with adjacent uses.
The use will only be for three years and the Owner would have to re-apply should the Owner wish to extend the use beyond the three-year temporary period. This would allow the City the opportunity to reassess the appropriateness of the use based on any changes in the development potential of the area and the CDP at that time.
The Department recommends approval of an extension to the exception to the DR – Development Reserve Zone that adds as a temporary use, a construction materials recycling operation, subject to the limitations outlined in Document 2.
Under the Environmental Protection Act (EPA) the proposed use is considered a Waste Processing Site and is subject to the approval of the Ministry of Environment (MOE). The applicant has applied for and received applicable Certificates of Approval from the MOE for the operations. These include both Industrial Sewage Works, Air and Waste Disposal Site Certificates of Approval. These certificates of approval set criteria for the waste processing operation and monitoring of the quality of water, air, noise and groundwater to ensure an ongoing protection of the environment and prevent deterioration, loss, injury or damage to any person or property. The Provincial environmental review and approvals process is comprehensive and ensures that the potential for impacts on the environment are minimal.
The MOE, when reviewing the Waste Disposal Site 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, an Acoustical Assessment Report and a Best Management Practises Plan for fugitive dust and noise control were completed. Both reports outline the need to implement specific strategies and protocols that ensure the minimization of noise and dust impact on adjacent uses.
A MOE Industrial Sewage Works Certificate of Approval was also approved. A drainage study was prepared as part of the submission requirement, which addresses the separate control of all stormwater runoff originating from the operation. The drainage study includes a description and plan of the stormwater management system, determination of the volume of runoff and grading of ditches and surface elevations indicating direction of drainage.
In consultation with the South Nation Conservation Authority, it was determined that the greater of either a 30-metre setback to the normal high watermark or a 15-metre setback to the top of the bank of the watercourse should be maintained on the site. 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 ecosystem. The National Capital Commission (NCC) has land responsibilities and ownership for the Mer Bleue bog ecosystem, one of the largest bogs in southern Ontario and ecologically, an especially valuable example of a northern ecosystem which has also been designated an internationally significant wetland under the United Nations Ramsar Convention. NCC has been consulted regarding the proposed Zoning By-law amendment. An excerpt of their comments include:
“We continue to acknowledge the benefits of any waste diversion methods and are supportive of the principle of such an environmental integrity. This type of product recycling can be important for both the life-cycle extension of our existing landfill sites, as well as being sound environmental practice…and have no objections to this request for an extension.”
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. A Public Information Meeting was held on September 30, 2009. Detailed comments and responses from the Public Notification and Consultation process are contained in Document 3.
The Ward Councillor is aware of this application and the staff recommendation.
There are no legal/risk management implications associated with this report.
This Zoning By-law Amendment fulfills the following City Strategic Plan objectives:
D1 Reduce residential dependence on landfill/dumps by 30 per cent within 1,000 days; and,
D3 Reduce greenhouse gas emission by up to 20 per cent by 2012.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to extend the temporary use zoning of part of 3628 Navan Road for an additional three years, as shown in Document 1 and detailed in Document 2.
1. The temporary zoning on the land as shown on Document 1 is to continue to be DR , Development Reserve – Exception 1606 until November 25, 2012.
2. Exception 1606 of Section 239 of By-law 2008-250 is to be amended by changing the dates in the first provision of column V from “Dec. 7, 2007” to “Nov. 25, 2009” and from “Dec. 7, 2009” to “Nov. 25, 2012.”
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 meeting was also held in the community on September 30, 2009.
SUMMARY OF PUBLIC INPUT
The summary of public comments include comments from the Public Notification and Public Consultation process as well as from the public information meeting held September 30, 2009.
Prior to the Public Information Meeting, numerous comments were received from the public against the extension to the temporary use Zoning By-law Amendment. Thirty-three members of the community also attended the Public Information Meeting. A petition was submitted post-Public Information Meeting with 33 signatures against the proposed Zoning Amendment.
The main concerns that came out of the public consultation process included:
Air – Concern that the shredder, excavators (high hoe) and trucks generate noise and dust.
Response – Noise is regulated by the Ministry of Environment (MOE). An Air Certificate of Approval, along with two other Certificates of Approval, has been issued by the MOE for this use. A component of the Air Certificate of Approval deals with noise. Since the use began operation in March 2008, the MOE has informed us that random site checks confirm that the waste processing and transfer facility continue to comply with the MOE guidelines for noise.
The shredder/crusher 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. The applicant has implemented the Noise Control Measures from MOE’s Air Certificate of Approval as well as from the supporting Acoustical Assessment Report. The MOE has informed us that the operation continues to comply with the October 1995 Ministry of the Environment Publication NPC-205, Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban).
As part of the Certificate of Approval process for Air, a Best Management Practices Plan for fugitive dust was completed. The report outlines the need to implement specific strategies and protocols that ensure the minimization of any dust impact on adjacent uses. Many of the protocols and strategies are already in use by the site’s operators and MOE continues to monitor any nuisance related complaints related to the site, including any dust emission complaints.
Thus far, it is our understanding that the MOE has found no evidence of dust being generated that has left the site. A few of the closest residential owners have gone on record with the City of Ottawa stating that white dust, possibly gyprock dust, has been coating outdoor furniture, lawns and vehicles.
The distance from the Navan Road residences and the berm help to mitigate noise and dust impact, provided the processing activities, including excavators digging through the piles of recyclable materials are performed below the level of the berms, as outlined in the Acoustical Assessment Report and a Best Management Practises Plan (dust control plan). The mobile shredder that is used in the recycling operation is also 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 is situated on three sides of the processing area.
Response - No waste disposal, including the burying of material brought onto site, is permitted. No liquid, hazardous or toxic material is permitted on site. This extension to temporary use Zoning By-law Amendment is permitted on the basis that toxic material or any hazardous materials are not to be processed on the site. Under the Environmental Protection Act the operation is considered a Waste Processing Site. A Waste Processing Site (WPS) is a site that manages or prepares waste for subsequent reuse or disposal and is not a waste disposal site or landfill. The waste processing and transfer facility must go through a comprehensive review and approval process with the Ministry of the Environment to continue to comply with the Certificates of Approval. MOE performs periodic random site checks and at such times, the waste present on-site is verified. MOE also requires the applicants to submit water samples every month to verify if the stormwater that infiltrates the clay ground and percolates towards the storm pond has been contaminated. This testing of the water and groundwater provides an indicator if the materials being processed on-site are of a nature that can create health and environmental impacts for not only the site, but also for the surrounding community. All material that enters the site is to be dry and only stored on site for a temporary basis.
The 15 per cent of waste on-site at 3628 Navan Road that is not considered non-recyclable is generally not organic in nature. Potential odour sources identified by MOE between Page Road and Navan Road include the Poirier home-based septic cleaning business at 3463 Navan Road and the Navan Road Landfill.
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 Transportation Impact Statement submitted in support of the original Zoning By-law Amendment application, dated June 2007, indicates that the Average Annual Daily Traffic (AADT) on Navan Road is estimated at 7,100 vehicles per day. This is well below the maximum traffic volumes recommended for a rural arterial road that has been designated as a truck route under the City of Ottawa’s Traffic and Parking By-law. A designated truck route’s maximum allowable threshold is in the order of 12,000 vehicles per day for rural arterial roads. Currently, the heavy truck traffic volume during the peak day period is approximately 500 vehicles per day. The construction materials recycling operation generates between 30 to 50 truck trips daily, representing less than 10 per cent of the total truck volume on Navan Road. The facility operates weekdays between 7:00 am and 7:00 pm. When compared to the AADT on Navan Road, estimated at 7,100 vehicles per day, the number of vehicle trips generated by this site is negligible. Based on the information contained in the Traffic Impact Statement, the Planning and Growth Management Department has not identified any concerns relating to traffic or from vehicles accessing the site.
Vermin - Concern regarding the potential increase in rats that have been observed by the residential community.
Response – This site processes solid non-hazardous and demolition waste including wood, concrete, drywall, metal, cardboard, paper and plastic. The site is operated and maintained, as verified by MOE, such that this site does not serve as a source of organic waste that vermin is attracted to.
Non-compliance with conditions of Certificates of Approval - Residential community is concerned that there are several non-compliance issues on-site that MOE is not aware of:
Response - Recently MOE has issued a report (dated October 14, 2009) that the site has three non-compliance issues that are administrative and nuisance-related in nature. These non-compliance issues does not affect the health of the environment or the public. Nevertheless, MOE has pursued a corrective action from the applicant and an Abatement Plan (dated October 14, 2009) has been issued by the applicant to address the issues. The non-compliance issues are: a) Submission of remaining financial security in the amount of $56,900.00; b) non-recyclables shipped off-site must not exceed 15 per cent of materials received on-site; and, c) waste shall not be stored on site for more than 30 days.