Amendment to the Etobicoke Zoning Code - Recycle Plus Ltd.,

63 Medulla Avenue - File No. Z-2269 (Lakeshore-Queensway)

The Etobicoke Community Council, after considering the deputations, written submissions filed and based on the finding of fact, conclusions and recommendations in the report (November 12,1998) and a supplementary report (June 22, 1999) from the Director of Community Planning, West District, and for the reason that the proposal is an appropriate use of the lands, recommends that:

(1)the application by Recycle Plus Ltd. for amendment to the Etobicoke Zoning Code to permit the operation of a recycling facility at 63Medulla Avenue, be approved, subject to the conditions outlined in the referenced reports and the conditions imposed by the Ministry of the Environment and Energy; and

(2)the whole issue of waste transfer/waste processing facilities be referred to the Official Plan process for review.

The Etobicoke Community Council reports having held a statutory public meeting on December9,1998, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder, at which time the Etobicoke Community Council deferred consideration of the following report (November 12, 1998) to the January 20, 1999 meeting of the Etobicoke Community Council for a continuation of the statutory public meeting.

The Etobicoke Community Council also reports, at its meeting held on January 20, 1999, having further deferred consideration of the matter to a future meeting of the Community Council to allow for further discussion of certain issues:

The Etobicoke Community Council continued the public meeting on June 23, 1999.

The Etobicoke Community Council further reports, for the information of Council, having directed staff to monitor the operation on this site and all similar sites in the Etobicoke District by random spot checks to ensure that they are in compliance with the conditions to approval.

The Etobicoke Community Council submits the following report (November 12, 1998) from the Director of Community Planning, West District:

Purpose:

To review a proposal to amend the Zoning Code to permit the operation of a recycling facility at 63Medulla Avenue.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by Recycle Plus Ltd. be the subject of a Public Meeting to obtain the views of interested parties and, if approved, that the conditions outlined in this report be fulfilled.

Background:

The subject site is located on the east side of Medulla Avenue, just north of Coronet Road (ExhibitNo.1). The property is occupied by two industrial buildings. The front, westerly building is occupied by Cryotech Recycle Inc. (an aluminum recycling business) and MonsturFleet Service and Maintenance (a truck and trailer repair business). The easterly building is occupied by RecyclePlus Ltd.

In 1986, the Committee of Adjustment approved variance application A-202/86 to permit the operation of a bio-medical waste transfer station from the subject site (Laidlaw Technologies Inc.). In 1997, Laidlaw Technologies Inc. relocated their operations and Recycle Plus Ltd. moved into the building from the City of Mississauga. Following the establishment of the facility, the City identified that the operation was not a permitted use. An application to legalize the operation with outside storage was made to the Committee of Adjustment in January, 1998, and was refused. The application has been appealed by the owners of Recycle Plus Ltd. to the Ontario Municipal Board.

Site Description and Surrounding Uses:

The site is rectangular in shape and approximately 1.5 ha (3.8 acres) in size. The majority of the site is occupied by buildings and paved area with a landscaped area adjacent to Medulla Avenue. The rear easterly building, occupied by Recycle Plus Ltd., is served by nine overhead doors located on the north and south sides of the building. A chain link fence has been erected around the perimeter of the site. The Recycle Plus Ltd. portion of the property is further enclosed with chain link gates to contain site operations and vehicular movements. The operation is not visible from MedullaAvenue.

The subject site and surrounding lands are zoned Class 2 Industrial (I.C2) and are occupied by a variety of industrial uses. A rail spur is located at the rear of the property. The immediately abutting industrial businesses are as follows:

North:Merisel (computer products)

South:Hymopak Ltd.(plastic bags and packaging)

East:Just Skids Recycling Incorporated and Pallet Rental Systems Inc.

West:Domtar Industries (paper products)

Proposal:

Recycle Plus Ltd. is proposing to amend the Class 2 Industrial (I.C2) provisions of the ZoningCode to permit the operation of a recycling/waste transfer facility, including office space, within an existing 1 969.6 m5 (21,202 sq.ft.) industrial building. The principal wastes that will be transported to and handled on site are non-hazardous and include metal, glass, paper, plastics and non-residentially generated ICI organics (industrial, commercial and institutional). All waste is to be handled indoors with no outside storage.

Recycle Plus Ltd. has applied to and received a Certificate of Approval from the Ministry of the Environment and Energy to operate the facility 24 hours a day. The certificate has been appealed by a number of business owners in the area.

Exhibit No.1 is a map showing the location of the property. Exhibit No. 2 is a reduction of the site plan.

Comment:

Official Plan:

The site is designated Industrial in the Official Plan. Section 4.7.12 of the Plan encourages the development of waste disposal/recycling facilities subject to regulation in order to ensure public safety and land use compatibility. Application for these types of uses shall also be subject to the approval of the Ministry of the Environment and Energy, including licencing and site plan control. An amendment to the Plan is not required.

Zoning Code:

The site is zoned Class 2 Industrial (I.C2) which does not list a waste transfer/ recycling facility as a permitted use. In the event of approval, a site specific by-law should be passed to incorporate provisions to reflect the project as approved.

Land Use and Site Design Considerations:

The applicant is proposing to legalize the operation of an existing waste recycling/transfer facility in an industrial area. The site is not in proximity to lands zoned for residential, institutional or recreational developments. The Development Engineering Division of the City Works Services has not identified any concerns with the capacity of the existing infrastructure of watermains, storm and sanitary sewers to accommodate the proposal (Exhibit No. 3). The Transportation Planning Section of City Works Services has indicated that the level of truck traffic generated by the facility would have no significant impact on the surrounding road network (Exhibit No. 4).

The facility is located at the rear of the property, behind an existing industrial building, and as such is not visible from the street. Although the facility is visible from the rear yards of the adjacent industrial properties, these yards are used as loading, delivery, storage and parking areas.

The conditions of the Certificate of Approval, as approved by the Ministry of the Environment and Energy and currently under appeal, require that all activities relating to the unloading/loading processing, transfer and storage of processed and unprocessed waste and residual waste must be conducted indoors at all times. In order to control odour all doors shall be closed at all times except during loading and unloading of all wastes. The Certificate includes requirements for cleaning/washing and disinfecting the facility to control litter and odours. In addition, the applicant must implement a pest control plan for the site. In the event that the operator of the facility does not comply with the conditions of the Ministry=s approval, the Certificate can be revoked and the operation closed. The applicant has indicated that all operations will be conducted within the building with no outside storage areas.

Given the location of the operation at the rear of the property, and the requirements of the Certificate of Approval to address issues with respect to odour, litter and pest control, the facility would have limited impact on the operation of the adjacent industrial business. In the event of approval, staff recommend that the amending by-law include provisions to prohibit outside storage.

Agency Comments/Department Circulation:

In response to the circulation of plans submitted in support of this application, no objections have been expressed by the following departments:

Fire DepartmentToronto Hydro

Realty ServicesDevelopment Engineering, Works & Emergency Services

Comments from Parks and Recreation Services remain outstanding.

The Transportation Planning Section of Works & Emergency Services requires that the proposed parking layout be introduced with the appropriate pavement markings. In addition, these parking areas are to remain free of recycling materials and storage containers (Exhibit No 4).

The Waste Management Division has verbally advised that they have no concerns with the proposal provided the conditions of the Certificate of Approval are adhered to and that the amending by-law specifically prohibits outside storage and processing of recyclable product.

Urban Planning and Development requests that the applicant provide details of site lighting to ensure on-site security.

Community Meeting:

On October 6, 1998, approximately 15 people, representing the interests of several area businesses, attended an on-site community meeting to tour the existing facility and comment on the operation. Concerns were expressed regarding truck traffic, handling of organic materials, odour, litter, pests, hours of operation, loss of property values, impact on City sewer capacities, operation of future recycling operations from the site and precedent.

The concerns related to planning matters have been discussed in this report.

Staff note that another application for a recycling facility for construction waste is pending within the immediate area and local businesses are concerned that additional approvals for operations of this nature could have long-term impacts on the viability of their businesses. Any requests for these types of facilities in a Class 2 Industrial (I.C2) zone would be subject to an application for by-law amendment. Each application is evaluated based on the locational attributes of the individual site and type of operations proposed and would be subject to separate Certificate of Approval from the MOEE. As a result, any approvals granted with respect to the subject application would not create a precedent for the approval of future applications for waste transfer/recycling operations.

Conclusion:

The proposed recycling facility is located at the rear of an industrial property, adjacent to the loading and delivery areas of the surrounding industrial operations. The site is not located on a major roadway and is not visible from the street. No outside storage is proposed. The conditions of the Certificate of Approval, as approved by the Ministry of the Environment and Energy (MOEE), address the potential concerns associated with odour, pests, vermin and litter. Given the context of the site, and the nature of the proposed operation, staff are of the opinion that the requested waste transfer/recycling operation will not have an impact on the adjacent land uses or level of service of abutting roadways.

In the event of approval, the following conditions should apply:

Conditions to Approval:

(l)Fulfillment of the following conditions by the applicant prior to the enactment of an amending by-law:

(i)Submission of a revised plan indicating security lighting to the satisfaction of the Staff Advisory Committee on Development Control and the posting of an appropriate financial guarantee.

(ii)Receipt of comments from Parks and Recreation Services.

(2)The amending by-law shall provide for the operation of a waste transfer/recycling facility with no outside storage permitted.

Contact Name:

Richard Kendall, Principal Planner, Community Planning, West District,

Telephone: (416)394-8227; Fax: (416)394-6063

(A copy of each of Exhibits Nos. 3 and 4, referred to in the foregoing report, was forwarded to all Members of Council with the agenda for the Etobicoke Community Council meeting of June23,1999, and a copy of each is on file in the office of the City Clerk.)

The Etobicoke Community Council also submits the following report (June 22, 1999) from the Director of Community Planning, West District:

Purpose:

To advise Community Council of the applicant=s request to amend their submission to include a provision for the outside storage of empty containers and/or trailers in conjunction with the operation of a recycling facility at 63Medulla Avenue.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that in the event that the application by Recycle Plus Ltd. is approved, any permission for outside storage should be limited to clean, empty containers, in accordance with the conditions outlined in this report.

Background:

Recycle Plus Ltd. has proposed to amend the Class 2 Industrial (I.C2) provisions of the ZoningCode to permit the operation of a waste disposal/recycling facility, including office space, within an existing 1,969.6 m5 (21,202 sq.ft.) industrial building. The principal wastes that will be transported to and handled on-site are non-hazardous and include metal, glass, paper, plastics and non-residentially generated ICI organics (industrial, commercial and institutional).

This application has been the subject of a staff report and public meeting. The meeting, which was originally scheduled for December 9, 1998, was held, and subsequently deferred. The applicant has requested that this matter be brought back to Community Council for a continuation of the public meeting.

Proposal:

Recycle Plus Ltd. are now proposing to amend their application to include a provision for the outside storage of empty containers and/or trailers (Exhibit No.1). Consideration is being requested for the storage of up to 3 trailers, 5 front-end containers, and 10 roll-off containers along a portion of the south property line. In addition, an area approximately 12 m (40 ft.) by 12 m (40 ft.) has been identified for the storage of wheeled carts at the southeast corner of the property (Exhibit No. 2). The area identified is used for site circulation and loading purposes and its use for container storage should not affect the parking supply or other on-site functions.

The combined site is rectangular in shape and approximately 1.5 ha (3.8 acres) in size. The rear easterly building, occupied by Recycle Plus Ltd., is served by nine overhead doors located on the north and south sides of the building. A chain link fence has been erected around the perimeter of the site, and the Recycle Plus Ltd. portion of the property is further enclosed with chain link gates to contain site operations and vehicular movements.

Comment:

Official Plan and Zoning Code:

As noted in the original staff report, the Industrial designation of the site in the Official Plan would allow the development of a waste disposal/recycling facility at this location. The Class 2 Industrial (I.C2) zoning of the site however, does not recognize a waste disposal/recycling facility as a permitted use. In addition, the Supplementary Regulations for Waste Disposal/Recycling Facilities do not allow outside storage. In the event of approval, the site specific by-law should incorporate provisions for an outside storage component.

Land Use Considerations:

The applicant is proposing to legalize the operation of an existing waste disposal/recycling facility. The site is located internal to a large industrially zoned community and is not in proximity to lands zoned for residential, institutional or recreational purposes. Also, the facility is located at the rear of the property, behind an existing industrial building. Although the facility is visible from the rear yards of the adjacent industrial properties, these yards are used as loading, delivery, storage and parking areas. Under the prevailing Class Two Industrial (I.C2) zoning, outside storage is a permitted use provided that such storage is not located within a required setback which abuts a street, does not exceed a certain height, and is properly screened from more sensitive land uses.

While the Supplementary Regulations for Waste Disposal/Recycling Facilities prohibit outside storage (including storage in parked trucks or enclosed containers), they do not address the storage of empty containers. The intent of this prohibition was to prevent waste or recyclable products from being stored or processed outside.

The conditions of the Certificate of Approval, as approved by the Ministry of the Environment require that all activities relating to the unloading/loading, processing, transfer and storage of processed and unprocessed waste and residual waste must be conducted indoors at all times. In order to control odour all doors shall be closed at all times except during loading and unloading of all wastes. The Certificate includes requirements for cleaning/washing and disinfecting the facility to control litter and odours.

Conclusion:

The storage of empty, clean containers at the rear of the site should have limited visibility from Medulla Avenue and would be consistent with other outside storage permissions currently provided for in the Zoning Code for the adjacent industrial properties. Provided that the storage is restricted to empty, clean containers, and the Certificate of Approval can be amended to include this condition, consideration could be given to the limited storage of containers as identified in the letter from the applicant=s consultant. The prohibition on the outside storage and processing of recyclable product should continue. In their letter, the applicant has identified a planting area, which is proposed to be introduced along the southerly property line to screen the outside storage component. Details of this planting area in conjunction with the introduction of screen fencing should be submitted prior to the enactment of an amending by-law.

In the event of approval, the following conditions should apply:

Conditions to Approval:

(1)Prior to the enactment of an amending by-law:

(i)The Ministry of the Environment advises that the Certificate of Approval can be amended to provide for the outside storage of clean empty containers in conjunction with the operation of a waste disposal/recycling facility.

(ii)The applicant submits details of security lighting, screen fencing and planting to the satisfaction of Urban Planning and Development Services and the posts an appropriate financial guarantee.

(2)The amending by-law shall provide for the operation of a waste disposal/recycling facility with outside storage restricted to clean, empty containers only. The outside storage and processing of recyclable product would be prohibited.

Contact Name:

Richard Kendall, Principal Planner, Community Planning, West District,

Tel: (416)394-8227; Fax: (416)394-6063

(A copy of each of Exhibits Nos. 1 and 2, referred to in the foregoing report, was forwarded to all Members of Council with the agenda for the Etobicoke Community Council meeting of June23,1999, and a copy of each is on file in the office of the City Clerk.)

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The following persons appeared before the Etobicoke Community Council in connection with the foregoing matter:

-Mr. David Tang, representing Recycle Plus Ltd, in support of the application; and

-Mr. Adam J. Brown, Brown Dryer Karol, representing a client group in opposition to the establishment and operation of a waste transfer/recycling facility at 63 Medulla Avenue.

The Etobicoke Community Council received the following communications in connection with the foregoing matter:

-(May 26, 1999) from Mr. Adam J. Brown, Brown Dryer Karol, Barristers & Solicitors, opposing the application, on behalf of a group of property owners location in the immediate vicinity of the subject property, and asking that the City=s by-laws be enforced immediately to prohibit the current use of the property;

-(July 21, 1998) from Mr. P. D. Petrie, Willms & Shier, on behalf of a client group formed in opposition to the establishment and operation of a waste transfer/recycling facility at 63 Medulla Avenue, stating reasons for opposition and grounds for refusing the application;

-(August 14, 1998) from Mr. P. D. Petrie, of Willms & Shier, further to the July 21, 1998 submission particularly with respect to various aspects of the Ministry of the Environment certificate of approval and the implications thereof for the City;

-(November 4, 1998) from Mr. P. D. Petrie, Willms & Shier, further to the July 21, 1998 communication, particularly addressing the statements made in the report (November 12, 1998) from the Director, Community Planning, West District;

-(January 6, 1999) from Mr. K. Jaffary, Gowling, Strathy & Henderson, forwarding a copy of a communication (January 6, 1999) addressed to Mr. P. D. Petrie, outlining areas of agreement and disagreement in the terms proposed on behalf of the client group, and requesting that the matter proceed;

-(January 12, 1999) from Mr. P. D. Petrie, Willms & Shier, forwarding a copy of his response to the January 6, 1999 communication from Mr.K.Jaffary;

-(January 15, 1999) from Mr. K. Jaffary, Gowling, Strathy & Henderson, forwarding a copy of a communication (January 15, 1999) addressed to Mr. P. D. Petrie, advising that no agreement has been reached on the resolution of the matter, and that his client=s position remains in accordance with the January 6, 1999 correspondence;

-(January 18, 1999) from Mr. P. D. Petrie, Willms & Shier, forwarding a copy of his response to Mr. Jaffray, and requesting that this and all previous submissions be placed before the Community Council.