	REPORT TO DEVELOPMENT SERVICES COMMITTEE

TO:	Mayor and Members of Council
FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design
PREPARED BY:	Nick Pileggi, Senior Planner ext. 4480, South District
DATE OF MEETING:	February 21, 2006
SUBJECT:	RECOMMENDATION REPORT Miller Paving Limited 300 Rodick Road Application for site plan approval to permit a waste/recycling transfer facility. FILE: SC-05-006718

RECOMMENDATION:

THAT the report dated February 21, 2006 entitled “Recommendation Report, Miller Paving Limited, 300 Rodick Road. Application for site plan approval to permit a waste/recycling transfer facility”, be received, (File SC.05-006718);

AND THAT the site plan application SC.05-006718 to permit the development of a waste/recycling transfer facility at 300 Rodick Road be endorsed, subject to the standard conditions listed in Appendix ‘A’ and the following special conditions:

That the Owner obtain the necessary minor variances to permit outdoor storage of recyclable materials and a reduction in parking;

That the Owner shall submit a revised Traffic Study to the Town for review and approval, prior to the execution of a site plan agreement, to the satisfaction of the Director of Engineering;

That the site plan agreement shall include provisions to implement the recommendations of the Environmental Management Plan, as well as appropriate securities to the satisfaction of the Town.

That prior to the execution of the site plan agreement the Owner will be required to deposit a letter of credit with the Town for Local Service Contribution reflecting the estimated development charges and other associated costs as determined by the Director of Engineering.

That the Owner shall agree in the Site Plan Agreement, that the proposed septic holding tank is for temporary use only and once municipal services become available, that the proposed development shall be required to connect to those services.

That the Owner shall convey right of way widenings, to be determined by the Director of Engineering, along 14^th Avenue and Rodick Road, free of all costs and encumbrances to the Town prior to the execution of the site plan agreement.

That the Owner agrees to provide an environmental clearance for the lands to be dedicated to the Town. The land transfer documents shall be approved by the Engineering Department, prior to depositing the reference plan/transfer document.

That this endorsement shall lapse and site plan approval will not be issued after a period of three (3) years commencing February 21, 2006, in the event that a site plan agreement is not executed within that period;

AND THAT the Ministry of Environment be advised of Council’s endorsement of this site plan application.

EXECUTIVE SUMMARY

The Owner has submitted an application for site plan approval for a 4.69 ha (11.5 acres) property owned by Miller Paving Ltd. near the north west corner of Rodick Road and 14^th Avenue, to permit a waste/recycling transfer facility, with right-in right-out access from Rodick Road. The subject parcel was created through the approval of a severance from the larger Miller holdings in the area.

The proposed use complies with the Zoning By-law. The Official Plan contains environmental policies related to a former waste disposal site in the vicinity which must be addressed. Staff will ensure that MOE requirements are fulfilled, as appropriate, prior to execution of the site plan agreement, to the satisfaction of the Town. To this end a Phase 2 Environmental Study has been completed and an Environmental Management Plan is being finalized. Staff will notify the Ministry of Environment (MOE) of Council’s endorsement of this site plan application, in order that processing of Miller Paving’s request for amended Provisional Certificate of Approval can continue. This process should also ensure that the MOE is satisfied with the proposed use in the potential influence area of a former waste disposal site.

The existing transfer station in the area, located partially on the subject property, is an open air facility. The applicant proposes to demolish the existing facility and construct a new 8,880 m² (95,586.65 ft²) fully enclosed waste / recycling transfer station on the property that meets modern environmental standards. As a condition of site plan approval, the applicant will be required to obtain a minor variance to allow for outdoor storage of certain recyclable materials and a reduction in parking.

Servicing requirements for the proposed development have been reviewed and are being addressed through interim or permanent solutions. An area specific development charge by-law is currently being prepared for the area. Through a development agreement the applicant has been required to provide a Local Service Contribution reflecting the estimated development charges and other associated costs as determined by the Director of Engineering.

A traffic study, which remains to be finalized, indicates truck traffic to and from this site which will represent 3% of future Rodick Road volumes. The proposed facility will benefit from the planned improvements related to Rodick Road which the Town will be undertaking in the spring of 2006.

The Engineering Department will finalize the widening requirements for Rodick Road and 14^th Avenue. As a condition of site plan approval, the Owner will be required to convey a right of way widening to the Town, as determined by the Director of Engineering, free of all costs and encumbrances.

Staff are generally satisfied with the site plan and elevations for the proposed waste/recycling transfer facility; any minor modifications will be addressed within the final site plan, to the satisfaction of the Commissioner of Development Services. Staff are now in a position to recommend that the site plan application be endorsed, subject to the conditions above and in Appendix ‘A’.

PURPOSE:

The purpose of this report is to recommend that the proposed site plan application to permit a waste/recycling transfer facility be endorsed subject to the conditions set out above and in Appendix ‘A’.

BACKGROUND:

Site description and area context

The 4.69 ha (11.5 acres) property is located at the northwest corner of 14^th Avenue and Rodick Road (Figure 1). There is an existing waste transfer facility on the property which dates back to the early 1970’s and a bus washing facility, which has been in operation since 1990. The property is bounded to the north by a portion of the former Miller pit and to the northeast by the Town’s main works yard. To the east there is a Town storage yard and future industrial lands owned by Miller as well as an industrial building (Lafarge Canada) across Rodick Road. To the south across 14^th Avenue are existing industrial buildings. To the west are vacant lands owned by Miller Paving (18.2 ha), which are proposed to be developed with commercial uses. (Figures 2 and 3)

Proposal to construct a new waste/recycling transfer facility

The current waste transfer operations are carried out from two locations: 8050 Woodbine Avenue processes blue box recycling materials and cardboard while the existing transfer station on the subject lands manages waste. The existing transfer station is an open air facility that is enclosed by wire mesh fencing. The applicant proposes to close the blue box recycling portion of the recycling facility on Woodbine Avenue (which will continue to handle cardboard recyclables) and demolish the existing waste transfer facility located partially on the subject property and construct a new 8,880 m² (95,586.65 ft²) fully enclosed waste/recycling transfer station on the subject property. The proposed facility will be designed so that all solid waste and organic materials are handled indoors. There will be minor quantities of inert recyclable materials such as scrap metal, scrap metal appliances, tires and clean wood stored in outdoor bunkers. There will be no processing of materials, only transfer of materials to other facilities. The existing waste transfer facility will remain open until the new facility is fully operational.

Consent application for the site has been approved by the Committee of Adjustment In January 2005, the applicant applied for consent to sever, from the larger Miller Paving holdings in the area, the subject 4.69 ha (11.5 acre) lot and two smaller future industrial lots with frontage on Rodick Road to accommodate the proposed waste/recycling transfer station. The remainder of the Miller lands (the “retained” portion) are currently the subject of a subdivision application and a portion of those lands, as noted above, are the subject of applications for a shopping centre.

Council has adopted an OPA redesignating the lands from Parkway Belt to Industrial

The Official Plan currently designates the lands Parkway Belt West, although the lands were deleted from the Parkway Belt West Plan in 1995. In July 2003, Council adopted Official Plan Amendment No. 112 to redesignate the lands in this area, including the subject parcel, to Industrial. This amendment has been submitted to the Region of York for approval. The Region has advised that they will be reporting on this amendment to Regional Council in the near future.

Environmental requirements of the Town’s Official Plan must be satisfied

The Official Plan identifies this site as being within the area of influence of a former waste disposal site and provides that the Ministry of Environment (MOE) confirm that the development satisfies the Environmental Protection Act and that various studies and mitigative measures are completed to the satisfaction of MOE and the Town. Since the approval of these policies in the late 1980’s, the involvement and requirements of the MOE have changed. Staff will ensure that any MOE requirements are fulfilled, as appropriate, prior to the execution of the site plan agreement, to the satisfaction of the Town. Environmental issues are discussed in greater detail below.

Amended Provisional Certificate of Approval from MOE is required for proposed use

To accommodate the proposed waste/recycling transfer facility, Miller Paving requires an amended Provisional Certificate of Approval from the MOE. Miller Paving has made the required application to the Ministry. This process will allow the MOE to determine any issues in regard to the site being located within the influence area of a former waste disposal site and to ensure that the proposed remediation, as set out in the Environmental Management Plan, if required, is adequate. Staff will notify the MOE of the endorsed site plan application so that this process may move forward.

DISCUSSION:

Proposed facility will be an upgrade over the existing facility

The proposed new facility will provide significant improvements over the existing facility for the following reasons:

· The existing facility is an open air facility and the proposed new facility will be fully enclosed and meet modern environmental standards.

· The proposed enclosed facility is expected to be a significant improvement over the current situation, with regard to odour emissions. Consultants were hired to predict the impact of odour using a dispersion model and concluded that odour from the proposed new facility should not pose a problem.

· Given the close proximity to Buttonville Airport and the potential nuisance effects from gulls, the current facility has a gull management plan in place. The new facility will continue to enforce bird management techniques at this site and there will be a significant improvement in gull management given that the new facility will be fully enclosed.

Minor variance required to permit outdoor storage and parking reduction

The property is currently zoned M4 under By-law 2284-68, as amended, which permits the proposed waste transfer station although any associated outdoor storage of recyclable materials requires a variance from the zoning by-law.

The proposed waste/recycling transfer facility has a gross floor area of 8,880 m² (95,586.65 ft²). Based on the standards within the parking by-law, the site would require 91 parking spaces, of which 4 will be for the physically disabled. The site plan provides for 19 parking spaces and 1 disabled parking space. The waste/recycling operation will employ approximately 12 people. As a condition of site plan approval, the applicant will be required to obtain a minor variance to allow for the outdoor storage of recyclable materials and a reduction in parking. Should the Committee of Adjustment not approve the application, the site plan will require modification.

Storm water management pond required for the Highway 407/Rodick Road Area

There are currently no storm sewers available on Rodick Road and 14^th Avenue and there is no stormwater management pond to accommodate drainage from this site. As an interim solution, the Engineering Department has agreed to allow the site to temporarily drain to the existing Miller pond located west of the site, which was formerly the gravel pit.

The Owner is currently in the process of preparing a comprehensive drainage study for the Highway 407/Rodick Road area. Several options for the location of a permanent stormwater management pond have been identified. The subject property will ultimately drain to the permanent stormwater management pond.

Interim solution reached for site servicing

There is a watermain on Rodick Road and 14^th Avenue, but there are no sanitary sewers available across the frontage of the lands on Rodick Road to service the property. The Engineering Department is currently redesigning Rodick Road and will take into account the storm, sanitary and watermain requirements for the Rodick Road area including that of the waste/recycling transfer facility. As an interim solution, the engineering department has agreed to allow the Owner to install a septic holding tank to be used until the municipal services become available.

A revised Traffic Study is required

The Owner has prepared a traffic study in support of the proposed waste/recycling transfer facility. Access to the existing facility is currently from Miller Avenue. The new facility will only have one access, which will be a right-in right-out access off of Rodick Road. This right-in-right out access is necessary because the volume of traffic to and from the site would require a full moves access to be signalised, however, signals cannot be installed, given the close proximity of the site access to 14^th Avenue (approximately 180 metres).

The current site on Rodick Road generates an average of 30 trucks per peak hour, and the Woobine Avenue site generates approximately an average of 13 trucks during the peak hour. The proposed new waste/recycling facility will generate approximately 53 trucks during the peak hour and 351 trucks per day. The Town will be undertaking planned improvements of Rodick Road, which will include:

Widening of Rodick Road to 4 lanes
Construction of a bridge over Highway 407
Signalization at Miller Avenue
Signalization at Rodick Road
Left turn lanes at the 14^th Avenue and Rodick Road intersection

The traffic study indicated that trucks accessing the site from Rodick Road will account for 3% of future Rodick Road volumes. Staff have requested that the Owner confirm that the pavement design of Rodick Road is adequate to withstand the loads of the heavy truck traffic. As a condition of site plan approval, the Owner will be required to submit a revised traffic study for review and approval, to the satisfaction of the Director of Engineering.

Local service contribution required in lieu of Area Specific Development Charge

The area specific development charge by-law for this area is currently being prepared by staff and will account for local services such as Miller Avenue reconstruction, stormwater management facility for the area, and Rodick Road reconstruction, etc. Prior to the execution of the site plan agreement the Owner will be required to deposit a letter of credit with the Town for Local Service Contribution reflecting the estimated development charges and other associated costs as determined by the Director of Engineering.

An Environmental Management Plan for the site is being finalized

A Phase 2 Environmental Site Assessment has been completed for the subject lands, and has been peer reviewed by an independent environmental consultant. Site investigations indicate that combustible methane gas is being generated within the fill material at the site, apparently occurring as the result of decomposition of natural organic material (topsoil and wood/brush material within the fill, not municipal waste).

The applicant has submitted an Environmental Management Plan (EMP), at the request of staff, for review and approval, in order to deal with remediation and other related issues on this site. The EMP is currently under peer review by an outside consultant and the preliminary indication is that the Plan appears to be acceptable, subject to minor modifications. As a condition of site plan approval, the Town will require the EMP to be finalized and the recommendations of that Plan will be reflected as appropriate in the final site plan, Development Agreement, and Site Plan Agreement, to the satisfaction of the Director of Engineering

Public Information Meeting held to obtain public input

At the suggestion of Town staff, the Owner held a public information meeting on February 3, 2005, to provide information to surrounding businesses on the current waste management operations, and the proposed multi-stream facility. The meeting was attended by five members of the public representing four different businesses in the area. Concerns raised at the meeting related to potential odour, groundwater contamination and migration of contamination off site to other properties. The concerns were satisfactorily addressed at the meeting. However, there have been recent odour/bird complaints with the existing facility which are being dealt with by Miller and Town staff. As noted above, the new facility is expected to be an improvement over the current situation.

As noted above, as a condition of site plan approval, an Environmental Management Plan is required and will deal with potential contamination issues related to this site and the recommendations of that Plan will be reflected, as appropriate, in the final site plan, Development Agreement, and Site Plan Agreement. The Development Agreement will also require a 5 year monitoring program in order to address environmental concerns.

Widening of 14^th Avenue and Rodick Road required

The Engineering Department has advised that the boulevard along Rodick Road and 14^th Avenue intersection is inadequate, according to Town standards, and therefore additional road widening will be required. As a condition of site plan approval, the Owner will be required to convey a right of way widening to the Town, as determined by the Director of Engineering, free of all costs and encumbrances.

Any land to be conveyed to the Town will be subject to the standard environmental clearances, which may include a Phase 1 or 2 Environmental Site Assessment and remediation plan, if required, to the satisfaction of the Director of Engineering. These clearances are required to ensure that lands conveyed to the Town are free of any potential contamination due to the historical uses on the subject lands.

Site Plan and elevations are generally acceptable with minor revisions

The proposed waste/recycling transfer facility features the following:

Fully enclosed building that meets modern environmental standards
The building is a long and low profile structure with a metal standing seam roof.
The building will be clad with prefinished metal siding and an exposed concrete base. (Figure 5)
The east elevation is intentionally simple in order to provide a low key back drop to the future industrial buildings on Rodick Rd. All vehicle entrances to the building are from the north, west or south.
Limited visibility of building from 14^th Avenue due to a grade difference of approximately 6 metres. In addition there will be heavy landscaping between 14th Avenue and the building.
A landscape berm (10 metres wide) will be provided along the east property line. and The lands to the east are proposed to be developed in the future with industrial uses and when these lands are developed, the visibility of the waste/recycling transfer facility from Rodick Road will be limited.
Staff are requesting upgraded gate details and materials for the Rodick Rd. exposure
Access and driveway configuration will eliminate any potential queuing spillover onto Rodick Road.(Figure 4)

Staff are generally satisfied with the site plan and elevations for the proposed waste/recycling transfer facility, however, the Owner shall be required to provide an upgraded fence/gate across the Rodick Road frontage, as a condition of site plan approval. Any further minor modifications will be addressed within the final site plan, to the satisfaction of the Commissioner of Development Services.

FINANCIAL CONSIDERATIONS:

None at this time.

BUSINESS UNITS CONSULTED AND AFFECTED:

The requirements of other Town Departments and external agencies have been incorporated into the recommended conditions of this report and will also be incorporated into the Development Agreement and Site Plan Agreement.

ENVIRONMENTAL CONSIDERATIONS:

The subject lands are located outside of the Toronto and Region Conservation Authority (TRCA) Screening Zone. However, TRCA staff are involved with the final review and approval of the stormwater management scheme for the area. As the subject lands are within the potential influence area of a former waste disposal site, a Phase 2 Environmental Site Assessment has been completed and an Environmental Management Plan is currently being finalized. Staff will seek the approval of the Ministry of Environment, in conjunction with the Miller Paving application for a Certificate of approval, prior to the execution of the Site Plan Agreement.

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

DOCUMENT FILE PATH: Amanda/SC05006718/Document Tab/DSC REPORT AMENDED FEB 2006

APPENDIX FILE PATH: Amanda/SC05006718/Document Tab/APPENDIX A

ATTACHMENT FILE PATH: Q:\Geomatics\New Operation\2005 Agenda\SC\SC05006718

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Area Context/Zoning

Figure 3: Air Photo 2002

Figure 4: Site Plan

Figure 5: Elevations

Applicant/Contact Information:

Miller Paving Limited Tel: (905) 475-6660

c/o Tom Jones, Property Coordinator Manager Fax: (905) 475-3852

P.O. Box 4080

Markham, ON
L3R 9R8

FIGURE 1: LOCATION MAP