Request for Decision Application for rezoning in order to permit construction of a building for the temporary

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1 Presented To: Planning Committee Request for Decision Application for rezoning in order to permit construction of a building for the temporary storage and processing of fluorescent light bulbs prior to landfill disposal, 3201 Herold Drive, Sudbury Wendell Tait Presented: Monday, May 26, 2014 Report Date Monday, May 12, 2014 Type: Public Hearings File Number: 741-6/14-5 Recommendation THAT the City of Greater Sudbury approve the application by Wendell Tait to amend Zoning By-law Z by changing the zoning classification of lands described as PIN , Parcel S.E.S., Lot 3, Concession 5, Township of Broder from M2, Light Industrial to M2(S), Light Industrial Special subject to the following conditions: a. That the amending by-law contain the following site-specific provisions: i. That the crushing and temporary storage of fluorescent light bulbs shall only be permitted in an enclosed building with a maximum gross floor area of 110 m2; ii. That the crushing and temporary storage of fluorescent light bulbs consisting of materials that are hazardous substances shall only be permitted on those lands located outside of the flood plain as determined by the Nickel District Conservation Authority; iii. That the crushing and temporary storage of fluorescent light bulbs that are not hazardous substances may be permitted to locate in the flood plain or outside of the flood plain; and, Signed By Report Prepared By Glen Ferguson Senior Planner Digitally Signed May 12, 14 Reviewed By Eric Taylor Manager of Development Approvals Digitally Signed May 12, 14 Recommended by the Division Mark Simeoni Acting Director of Planning Services Digitally Signed May 12, 14 Recommended by the Department Paul Baskcomb Acting General Manager of Growth & Development Digitally Signed May 12, 14 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed May 13, 14 iv. That the building containing the crushing and temporary storage of fluorescent light bulbs shall have a minimum setback of 14 metres from Highway. STAFF REPORT Applicant: Wendell Tait

2 Location: PIN , Parcel S.E.S., Lot 3, Concession 5, Township of Broder (3201 Herold Drive, Sudbury) Application: To amend By-law Z being the Zoning By-law for the City of Greater Sudbury by changing the zoning classification of the subject lands from M2, Light Industrial to M2(S), Light Industrial Special. Proposal: The application is to permit construction of a building for the purposes of temporary storage and processing of fluorescent light bulbs prior to landfill disposal. Official Plan Conformity: The subject lands are designated General Industrial in the Official Plan for the City of Greater Sudbury. Permitted uses may include manufacturing, fabricating, processing and assembling of industrial and consumer products, repair, packaging and storage of goods and materials and other related industrial activities. Complementary uses which do not detract from and are compatible with the operation of industrial uses are also permitted. General Industrial uses are to have minimal environmental impacts and are to be appropriately screened and buffered from surrounding areas where nuisance could exist. The application conforms to the Official Plan for the City of Greater Sudbury subject to a review of the above noted land use planning considerations. Site Description & Surrounding Land Uses: The subject lands are bounded by Highway, Herold Drive and Regent Street in the community of Sudbury. The lands presently have a total lot area of 4000m2 (1 acre) with approximately 20m (66 ft) of frontage onto Herold Drive at its easterly terminus. The lands contain an administrative building for an industrial/commercial electrical and maintenance company. The lands are also used for the parking of company vehicles and for the storage of equipment and supplies related to the industrial/commercial electrical and maintenance use. Surrounding uses are mixed with a small cluster of industrial uses being situated at the convergence of Highway and Regent Street and urban residential uses to the west and to the east. There are also several large rural parcels of land to the south and to the east, as well as several large tracts of open space. Within the industrial cluster there is a concrete processing plant, truck refueling station and a multi-use general industrial development to the immediate west of the lands. Departmental & Agency Comments: Building Services A minimum setback of 15 m (50 ft) from the proposed building to the south-east lot line abutting the Highway Southwest By-pass is required where only 9.13 m (29.95 ft) is provided.

3 Development Engineering The lands are currently serviced with municipal water and a private septic system. We have no concerns provided the owner meets the requirements of the Ministry of Transportation. Drainage No concerns. Leisure Services No comments. Ministry of the Environment (MOE) An application for an Environmental Compliance Approval - Air & Noise (ECA) for sources of air emissions at 3201 Herold Drive in Sudbury was submitted to the MOE s Environmental Approvals Access and Service Integration Branch. The ECA is being sought for a bulb crushing unit located at this site. The crushed bulbs are to be transferred from the site to a waste disposal facility for ultimate disposal. The major contaminants emitted are mercury vapour and suspended particulate matter. Emissions were reported to be compliant with appropriate MOE Point of Impingement Limits. This data is still under review. The MOE is aware of the site and is working with the owner towards compliance of all applicable legislations. Ministry of Transportation (MTO) MTO is supportive of the rezoning subject to the owner obtaining required permits from MTO. Since the lands are located within the MTO s permit control area, the owner must be advised of the following: 1. The owner is under caution from the MTO that his lands will be required when a future south-bound to west-bound ramp from Highway 69 to Highway is constructed and the owner understands that he must remove the processing plant at his cost when requested by the MTO. The owner further understands that the MTO will not compensate the owner for any cost incurred in the removal of the processing plant, loss of income or any other cost associated with the removal of the processing plant; and, 2. An MTO Building/Land Use permit will be required prior to the construction of the processing plant. The plant must be setback a minimum of 14 m (45.93 ft) from the limits of the MTO right-of-way. Nickel District Conservation Authority (NDCA) Because the subject property is partially in a designated floodplain, we cannot permit the proposed use of recycling light bulbs. Under Section (c) of the Provincial Policy Statement, it states: Development shall not be permitted to locate in hazardous lands and hazardous sites where the use is: c. uses associated with the disposal, manufacture, treatment or storage of hazardous substances.

4 In addition, our Ontario Regulation 156/06 does not permit this type of development in a floodplain where pollution may be an issue. There is an area of the property which is outside the floodplain, where the building could possibly be located. Roads, Transportation and Traffic No concerns. Neighbourhood Consultation: The owner was advised of the City s policy recommending that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application prior to the public hearing. At the time of writing this report, no phone calls and no written submissions objecting to the application have been received by the Planning Services Division. Planning Considerations: Provincial Policy Statement 2014 Municipalities in the Province of Ontario are required under Section 3 of the Planning Act to ensure that decisions affecting planning matters are consistent with the Provincial Policy Statement 2014 (PPS). Section c) of the PPS provides that development shall not be permitted to locate in hazardous lands (flood plains) and hazardous sites where the use is associated with the disposal, manufacture, treatment or storage of hazardous substances. Ministry of the Environment staff have indicated to planning staff that some types of fluorescent bulbs given their concentration of mercury can be considered as hazardous substances. The NDCA, has advised that the proposed location of the building which is to contain the crushing unit is located in the floodplain. As such the building will need to be shifted to the east out of the floodplain to address the issue of crushing and storing hazardous substances. Alternatively the acceptance of hazardous types of fluorescent bulbs would need to be prohibited from the operation if the crushing unit and building were to remain in the location as proposed. The feasibility, practicality and enforcement of such a restriction on the acceptance of bulbs classified as hazardous materials is a consideration that the Ministry of the Environment would need to take into account in its review and approval of the required Environmental Compliance Approval. In order to be consistent with the PPS the crushing and temporary storage of the fluorescent bulbs would need to be sited on a portion of the property outside of the floodplain if the proponent were to be able to accept and crush materials considered to be hazardous substances, or the approval for the location in the floodplain would need to prohibit hazardous substances from the operation. This restriction can be addressed in the amending zoning by-law. Official Plan The development proposal to permit construction of a building for the purposes of temporary storage and processing of fluorescent light bulbs prior to landfill disposal is supported from the perspective of relevant Official Plan policies for the following reasons:

5 1. The main use on the lands is an industrial and commercial electrical construction and maintenance company. The existing industrial use involves the storage of parking of company vehicles, as well as the storage of electrical supplies and equipment. There is also an administrative office building; 2. The proposed temporary storage and processing facility prior to disposal at a landfill would be accessory to the main use and is considered to be a heavy industrial use. These land uses are permitted within the General Industrial designation subject to rezoning; 3. With respect to environmental impact, the owner is working toward all necessary approvals from the MOE in order to ensure that minimal environmental impact occurs should the rezoning be approved; and, It is on the above basis that staff is satisfied that the proposed use conforms with all relevant General Industrial policies of the Official Plan for the City of Greater Sudbury. Zoning By-law The owner is requesting that the lands be zoned M2(S), Light Industrial Special with a site-specific exception in order to permit the temporary storage and processing of fluorescent light bulbs prior to landfill disposal. Staff have no objections to the proposed zone change, but would note that several site-specific provisions should be incorporated in an amending by-law. The site-specific provisions to be included in an amending by-law are as follows: 1. That the new building which contains the temporary storage and processing of fluorescent light bulbs prior to landfill disposal should be limited to a maximum gross floor area of 110m 2; 2. That the setback from the Highway Southwest By-pass shall be 14m. 3. The crushing and storage of fluorescent light bulbs considered as hazardous substances would need to be prohibited on that portion of the property located within the flood plain. The above noted items are included in the recommendation section of this report. Concept Plan The submitted sketch does not depict where the on-site private sewage system is located. Development Engineering has noted that municipal sewage infrastructure is not available at this location. It is not expected that the processing facility will create additional pressure on the private sewage system, but it could impact where the building could be situated. The owner has advised that the septic field is located immediately to the west of the office in the area enclosed by a hedge. The sketch also does not demonstrate compliance with MTO's request for a 14 m (45.93 ft) setback from the MTO right-of-way. Staff is recommending that the 14 m (45.93 ft) setback be provided and it is proposed that this setback would be implemented into the amending by-law.

6 Summary The proposed temporary storage and processing of fluorescent light bulbs prior to landfill disposal is supported by the Official Plan policies under the General Industrial land use designation. The amending by-law should also contain several site-specific provisions in order to be consistent with the Provincial Policy Statement. Staff therefore recommends that the development proposal be approved as set out in the recommendation section of this report.

7 Green R1-5 Ida M1(26) FD(3) LOT 3 CON 6 M1() LOT 2 CON 6 Regent 69 Herold M M3(8) M2 LOT 3 CON 5 LOT 2 CON 5 OSP RU Muriel Growth and Development Department Ü Regent Ida Culver Herold 69 Goodview Subject Property being PIN , Pcl SES, Lot3, Con. 5, Twp. of Broder, 3201 Herold Drive, Sudbury, City of Greater Sudbury Winterhaven Octave NTS Sketch /14-05 Date: location sketch 1/1

8 site plan 1/1

9 NDCA floodplain photo 1/1

10 PHOTO 1 EXISTING OFFICE BUILDING ON THE SUBJECT LANDS VIEWED FROM HEROLD DRIVE LOOKING SOUTHEAST TOWARD HIGHWAY PHOTO 2 APPROXIMATE LOCATION OF TEMPORARY STORAGE AND BULB CRUSHING FACILITY VIEWED FROM HEROLD DRIVE LOOKING SOUTH TOWARD HIGHWAY 751-6/14-5 PHOTOGRAPHY MAY 12, Photos 1/2

11 PHOTO 3 EXISTING PARKING AND STORAGE AREA BEHIND THE OFFICE BUILDING LOOKING NORTH TOWARD REGENT STREET PHOTO 4 EXISTING INDUSTRIAL USES FRONTING HEROLD DRIVE LOOKING WEST FROM THE SUBJECT LANDS 751-6/14-5 PHOTOGRAPHY MAY 12, Photos 2/2