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HomeMy WebLinkAbout2016-05-17 Public Hearing Agenda and Reports.pdf City of Maple Ridge PUBLIC HEARING May 17, 2016 CITY OF MAPLE RIDGE NOTICE OF PUBLIC HEARING TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, North-East corner entrance, at 7:00 p.m., Tuesday, May 17, 2016, to consider the following bylaws: 1) 2016-059-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7234-2016 LEGAL: Lot 1, District Lot 398, New Westminster District, Plan BCP35451 LOCATION: Unit 104, 11952 224 Street PURPOSE: Site specific text amendment to the C-3 (Town Centre Commercial) zone for manufacturing in order to allow a craft brewery / lounge at: Unit 104, 11952 224 Street 2) 2015-283-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7177-2015 LEGAL: Lot 2, District Lot 5326, Group 1, New Westminster District, Plan 41830 LOCATION: 14160 256 Street PURPOSE: Site specific text amendment to the M-2 (General Industrial) zone to permit the cleaning of low hazard (under 50 parts per million of PCB) transformers; storage and minor processing of hydrocarbons at: 14160 256 Street AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaws and copies of staff reports and other information considered by Council relevant to the matters contained in the bylaws will also be available for public inspection at the Municipal Hall, Planning Department counter, between 8:00 a.m. and 4:00 p.m. from May 6, 2016 to May 17, 2016, Saturdays, Sundays and Statutory Holidays excepted. Some of this information will also be posted on the City website www.mapleridge.ca on the Your Government /Meet Your Council/Council Meetings page. ALL PERSONS who deem themselves affected by any of these bylaws shall be afforded a reasonable opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaws or by making a written submission to the attention of the Manager of Legislative Services or by sending an e-mail to the Clerk’s Department at clerks@mapleridge.ca, by 4:00 p.m., May 17, 2016. Please note that all written submissions provided in response to this consultation will become part of the public record which includes the submissions being made available for public inspection. Dated this 6th day of May, 2016. Ceri Marlo Manager of Legislative Services DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2016-059-RZ File Manager: Diane Hall Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1.A completed Application Form (Schedule “A” – Development Procedures Bylaw No. 5879-1999) 2.An application fee, payable to the City of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3.A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) 5. Subdivision plan layout 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan*+ 9.Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation*+. *These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports provided: 1. City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: April 4, 2016 and Members of Council FILE NO: 2016-059-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Zone Amending Bylaw No. 7234-2016 Unit 104, 11952 – 224 Street EXECUTIVE SUMMARY: An application has been submitted for a site specific text amendment to the C-3 (Town Centre Commercial) Zone for manufacturing in order to allow a craft brewery / lounge at 11952 – 224 Street, Unit 104. A few of these facilities have opened up within the Community. Generally, these have been located in the CS-1 Highway Commercial Zone, as the zone allows both light industrial uses as well as Liquor Primary Commercial. The C-3 (Town Centre Commercial) Zone does not allow manufacturing as a principal use, and therefore, this text amendment is required for this business to be located at this location. A similar proposal from the Ridge Brewing Company was reviewed by Council on November 24, 2015. However the site was east of the Central Business District. In their review, Council’s comments were generally favorable about the general concept of a brewery lounge. However, the Town Centre was noted as a preferred location, and a smaller scale operation with fewer patron seats was felt to be more supportable. This text amendment is to support a small scale establishment in the Central Business District of the Town Centre with an estimated seating capacity of 25 patrons. A review of this proposal indicates that this use is consistent with the desired direction of commercial uses in the Town Centre and for this reason, this application is supportable. This application is for a site specific text amendment, and therefore this manufacturing use would only be permitted on this single property. However, Council may wish to direct a general amendment to the C-3 Town Centre Zone to allow this use as a right of zoning. Council’s approval of this text amendment would enable the premises to be used for a micro-brewery under the Zoning Bylaw. A further step in this process will be an application and receipt of an application through the Provincial Liquor Control and Licensing Branch. This provincial licencing process will require additional opportunities for public input and for Council endorsement prior to issuance of a licence. For this reason, Council will be able to direct this land use, and prevent the issuance of this Provincial Licence, even if the site is zoned to allow this use. Pursuant to Council Policy, due to this location in the Town Centre, this application is exempt from the Community Amenity Contribution Program. - 2 - RECOMMENDATION: That Zone Amending Bylaw No. 7234-2016 be given first and second reading, and be forwarded to Public Hearing. DISCUSSION: a) Background Context: Applicant: Silver Valley Brewing Co. Brandi Fulton Owner: D B Prakash Properties Limited Legal Description: Lot 1, DL 398, Plan BCP35451 OCP: Existing: TCCOMM (Town Centre Commercial) Proposed: Town Centre Commercial Zoning: Existing: C-3 (Town Centre Commercial) Proposed: C-3 (Town Centre Commercial) site specific text amendment Surrounding Uses: North: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial South: Use: Memorial Peace Park Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial East: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial West: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial Existing Use of Property: Vacant Proposed Use of Property: Craft Brewery / Lounge Site Area: 0.104 HA. (0.25 acres) Access: 224th Street Servicing requirement: Urban Standard b) Site Characteristics: The location of this proposed use is along 224th Street, just south of Dewdney Trunk Road. The site is within the Central Business District of the Town Centre Area Plan. The subject property includes 3 buildings; however, this use is proposed in the former Just Ducky building on the property. The existing building where this use is proposed is typified by smaller commercial units, independent businesses, and a pedestrian orientation. These assets contribute to the unique character of the Town Center. These existing structures are typically legally non-conforming with respect to parking requirements. - 3 - c) Project Description: This site specific text amendment is in support of a brewery lounge in the C-3 Town Centre Commercial Zone. Considered a liquor primary use, food purchases are not required, but the applicant intends to provide packaged snacks. Generally, this brewery will manufacture beer for on- site consumption, although some off-sale retail is proposed with refillable growlers. The maximum number of seats proposed is 25. The overall size of this proposed facility is roughly 150 square metres. Aspects of the proposed use, including a liquor primary establishment are currently permitted in the C-3 Town Centre Commercial Zone. This site specific text amendment will introduce a manufacturing or light industrial use to enable the brewery. This use is to be located within an existing structure, on a site that is currently zoned C-3 Town Center Commercial. For this reason, there is no need to set conditions to the approval of this Zoning Bylaw amendment. d) Planning Analysis: Official Community Plan: The development site is located within the Town Centre Area Plan and is currently designated Town Centre Commercial. This proposed use meets goals and objectives of the Town Centre Area Plan under Principle 6: Jobs are close to home. These are described as follows: Goal: Encourage all types of jobs, including new and non-traditional businesses and workplaces Pertinent Objectives:  Welcome unique industries / business opportunities. The proposed use will be a small independent business. The applicants are from Maple Ridge.  Make zoning and bylaws less restrictive for location and form of business premises, while retaining a positive sense of community. The proposed text amendment will enable this unique business while remaining consistent with the overall intent of the Town Centre to remain a neighbourhood of unique character and opportunity.  Promote the tourism industry. The proposed use will complement other uses in the Town Centre such as the Haney Farmers Market that draw people into the Central Business District on weekends. Goal: Establish the Centre as a hub of activity Pertinent Objectives:  Encourage evening activities that cater to a broad demographic while benefitting the community. Community benefits include fostering additional vibrancy in the Town Centre during the evening and on weekends.  Support and encourage the vitality of small business. The proposed use will contribute to an emerging artisanal culture within the community that exists in local restaurants, small scale farming, and value added products. - 4 - Commercial and Industrial Strategy The Maple Ridge Commercial and Industrial Strategy, endorsed by Council in 2014, provides guidance for Maple Ridge in planning for commercial and industrial growth. The Strategy recognized the Town Centre for its role as the community’s primary destination for commercial spending. A pertinent Strategy recommendation is as follows: Focus on differentiating the Town Centre, making it the District’s centre for specialty retail, entertainment/culture, civic uses, and destination restaurants. Zoning Bylaw: The current application proposes a site specific text amendment to the existing C-3 (Town Centre Commercial) zone for the property located at 104 - 11952 224 Street. The proposed use is for a brewery / lounge. The existing property and building complies with minimum lot size in the C-3 (Town Centre Commercial) Zone. There are similar brewery establishments within the community, and these are generally located within the CS-1 Highway Commercial Zone, which allows light industrial uses, a liquor primary establishment, and a licensee retail store. A brewery / pub with product offsales would therefore be considered a combination of these 3 uses. For this reason, the Zoning Bylaw does not define brewery establishments. For consistency with these existing uses, the proposed amendment is to allow a limited area of the subject property for light industrial uses. The C-3 Town Centre Commercial Zone allows a liquor primary and a licensee retail use. The only missing component is the manufacturing portion, which will be enabled with this text amendment. If Council wishes to permit this use further in the Town Centre, a recommended approach would be to amend the Zoning Bylaw with a definition of brewery / liquor primary establishment, and permit this newly defined use in the C-3 Town Centre Commercial Zone. Development Permits: Pursuant to Section 8.4 of the Official Community Plan, the proposed use will likely be exempt from the requirement for a development permit for form and character in the Town Centre. The use will be locating within an existing structure and therefore tenant improvements and applicable permits will be required in support of the use. However, internal renovations are exempt from requiring a development permit. External renovations that are consistent with existing development, and minimal in scale and cost are generally exempt from this requirement as well. e) Interdepartmental Implications: The proposed use will take place in an existing structure, and therefore there may be required servicing and structural upgrades in support of this change of use. These upgrades will need to be addressed as a condition of the building permit required for tenant improvements. - 5 - This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not yet been undertaken. The Engineering Department has however provided initial comments suggesting that this proposed use may place an unanticipated burden on existing infrastructure and therefore upgrades to accommodate this increased demand may be required. The Building Department will be responsible for administering the permits required for tenant improvements associated with this use. This department also administers the Parking Bylaw. The existing structure is legally non-conforming with respect to parking requirements. However, as this proposal represents a change of use, additional parking requirements could be triggered. These requirements may be met with cash in lieu options that are currently in place. The Applicant will require a ‘Manufacturers Licence’ under the Liquor Control and Licensing Regulations. They intend on applying for a ‘Lounge’ endorsement attached to their Brewery Manufacturing Licence. The application for the lounge endorsement will require the Liquor Control Branch to make a referral to the Municipality for their support of the application. This process will be administered by the Licences, Permits & Bylaws Department and will follow the prescribed protocol for public notification. The Economic Development Department supports this proposal, as it will increase the vibrancy of the Central Business District, particularly during evening hours. f) Development Applications: No additional development applications will be required in support of this text amendment to the Zoning Bylaw. g) Alternatives This application is in support of a brewery lounge on an individual property in the Central Business District. As noted earlier in this report, Council has previously supported the concept of this use in the Town Centre. As this proposal is for a site specific text amendment, Council’s approval will not enable this use to be located within the Town Centre generally. For this reason, Council could direct that this use be extended to the C-3 Town Centre Commercial Zone as an outright permitted use. - 6 - CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant First Reading subject to additional information being provided and assessed prior to Second Reading. “Original signed by Diana Hall” _______________________________________________ Prepared by: Diana Hall M.A, MCIP, RPP Planner 2 “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by E.C. Swabey” _______________________________________________ Concurrence: E.C. Swabey Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Map Appendix C – Zone Amending Bylaw No. 7234-2016 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 23, 2016 FILE: 2016-059-RZ BY: PC PLANNING DEPARTMENT224 ST.McINTOSH 224 ST.LANEFRASER ST.AVE.McINTOSH AVE 119 AVE./88223662237012026 11939 11969 2236122356224102240922371/772241022367/8111909 11982/86 22353/5511955 12021 /51 11965/67 2236322345/47/7011979/9722366Leisure Complex 11955 11893/952237811915/1922364 /8611968/70 22470/90/9411990/92/94 1192522420/4022356/622244122363/671199822337 22416223622235011952/54/5822342/4822351223742238411912/7822355/70/8222359SUBJECT PROPERTY DEWDNEY TRUNK RD ´ Scale: 1:1,500 11952 224 STREET City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 23, 2016 FILE: 2016-059-RZ BY: PC PLANNING DEPARTMENT224 ST.McINTOSH 224 ST.LANEFRASER ST.AVE.McINTOSH AVE 119 AVE./88223662237012026 11939 11969 2236122356224102240922371/772241022367/8111909 11982/86 22353/5511955 12021 /51 11965/67 2236322345/47/7011979/9722366Leisure Complex 11955 11893/952237811915/1922364 /8611968/70 22470/90/9411990/92/94 1192522420/4022356/622244122363/671199822337 22416223622235011952/54/5822342/4822351223742238411912/7822355/70/8222359SUBJECT PROPERTY DEWDNEY TRUNK RD ´ Scale: 1:1,500 11952 224 STREET Aerial Imagery from the Spring of 2011 CITY OF MAPLE RIDGE BYLAW NO. 7234-2016 A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510-1985 as amended __________________________________________________________________ ____________ WHEREAS, it is deemed expedient to amend the Maple Ridge Zoning Bylaw No. 3510-1985 as amended: NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This bylaw may be cited as “Maple Ridge Zone Amending Bylaw. No. 7234-2016”. 2. Maple Ridge Zoning Bylaw No. 3510-1985 is hereby amended as follows: 3. That PART 7 COMMERCIAL ZONES, 703 TOWN CENTRE COMMERCIAL: C-3, 1. PERMITTED PRINCIPAL USES is amended by: i. Adding item s) light industrial use, not to exceed 150 m² at:  104 - 11952 - 224 Street Lot 1, District Lot 398, Plan BCP35451 4. Maple Ridge Zoning Bylaw No. 3510-1985 as amended is hereby amended accordingly. READ a first time the 12th day of April, 2016. READ a second time the 12th day of April, 2016. PUBLIC HEARING held the day of , 2016. READ a third time the day of , 2016. ADOPTED the day of , 2016. PRESIDING MEMBER CORPORATE OFFICER DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2015-283-RZ File Manager: Amelia Bowden Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1.A completed Application Form (Schedule “A” – Development Procedures Bylaw No. 5879-1999) 2.An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3.A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) 5. Subdivision plan layout 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan*+ 9.Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation*+. *These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports provided: Risk Assessment Report 2. - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: April 4, 2016 and Members of Council FILE NO: 2015-283-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Zone Amending Bylaw No. 7177-2015 14160 256 Street EXECUTIVE SUMMARY: An application has been received for a site specific text amendment for the subject properties, located at 14160 256 Street, to permit the cleaning of low hazard transformers and the storage and minor processing of hydrocarbons. This use is regulated under the provincial Hazardous Waste Regulation (HWR) under the Environmental Management Act. Approval from the Ministry of Environment is required to operate, which involves a separate licensing and regulatory process. The proposed industrial business also involves disassembly of electrical transformers and high voltage equipment; and the transfer and temporary storage of drummed material wastes, which are currently permitted in the M-2 (General Industrial) zone. Pursuant with Council direction, this application is exempt from the Community Amenity Contribution program because it is an industrial project. This application received first reading on January 26, 2016 with the following Council motion: 1) That Bylaw No. 7177-2015 be given first reading and that a Risk Assessment Report in accordance with MIACC Risk Based Land Use Planning Guidelines be provided prior to second reading and forwarding to Public Hearing, and 2) That the following terms and conditions be met prior to final reading: i) Stormwater Management Plan; and ii) Letter of Compliance, or other instrument, from the Ministry of Environment under the Environmental Management Act regarding site contamination. The applicant has submitted a Risk Assessment Report in accordance with MIACC Risk Based Land Use Planning Guidelines, which concludes that Aevitas has a design standard for the facility that meets or exceeds applicable regulatory requirements. The report is prepared by Golder Associates and dated March 1, 2016. Appendix D includes the report in its entirety. As the applicant has provided the report requested in the January 26, 2016 Council resolution, this report recommends that second reading be granted and that the application be forwarded to Public Hearing. - 2 - RECOMMENDATIONS: 1) That Zone Amending Bylaw No. 7177-2015 be given second reading, and be forwarded to Public Hearing; and, 2) That the terms and conditions outlined in the January 18, 2016 staff report be met prior to final reading. DISCUSSION: 1) Background Context: Applicant: Redco Investments Corporation Owner: Craven Huston Powers Architects Legal Descriptions: Lot 2, District Lot 5326, Plan LMP41830 OCP: Existing: Industrial Zoning: Existing: M-2 (General Industrial) Surrounding Uses: North: Use: Storage and Warehousing Zone: M-2 (General Industrial) Designation: Industrial South: Use: Storage and Warehousing Zone: M-2 (General Industrial) Designation: Industrial East: Use: Vacant Zone: A-2 (Upland Agricultural) Designation: Rural Resource West: Use: Wood Processing Zone: M-2 (General Industrial) Designation: Industrial Existing Use of Property: Industrial Proposed Use of Property: Industrial Site Area: 1.62 hectares (4 acres) Access: 256 Street Servicing requirement: Rural Standard 2) Project Description: This application is for a site specific text amendment for the subject properties, to permit the cleaning of low hazard transformers and the storage and minor processing of hydrocarbons. This use is regulated under the provincial Hazardous Waste Regulation (HWR) under the Environmental Management Act. Approval from the Ministry of Environment is required to operate, which involves a separate licensing and regulatory process. The proposed industrial business also involves disassembly of electrical transformers and high voltage equipment; and the transfer and temporary - 3 - storage of drummed material wastes, which are currently permitted in the M-2 (General Industrial) zone. 3) Planning Analysis: The subject property is zoned M-2 (General Industrial) and is designated Industrial in the OCP. While some of the proposed uses, such as electrical equipment and transformer disassembly; and waste transfer, are permitted uses in the existing zone, a site specific text amendment is required to permit the cleaning of low hazard transformers and the storage and minor processing of hydrocarbons. Text Amendment Rationale: The M-2 (General Industrial) zone (which is not recommended) allows for industrial uses, but specifically prohibits hydrocarbon refining and bulk storage. The business of breaking down electrical equipment into components for resale is a relatively new use that is not specifically described in the Zoning Bylaw. The electrical equipment and transformer disassembly and waste transfer are currently permitted in the M-2 (General Industrial) zone and are not the subject of the text amendment. The M-5 (High Impact Industrial) zone specifically allows for hydrocarbon refining and bulk storage; however, this reference is intended for large scale crude oil refineries, which is considered a heavy industrial use. The processing of the hydrocarbons for the proposed business is not a refinery and only involves a cleaning process of previously refined oil. Therefore, based on the above, the proposed use is not considered a heavy industrial use. As the uses will all take place within a building, the visual, olfactory and auricular impacts to the surrounding area are anticipated to be low. The addition of a site specific amendment for the cleaning of low hazard (under 50 ppm of PCB) transformers as well as the storage of hydrocarbons to the M-2 (General Industrial) zone is preferable to rezoning to the M-5 (High Impact Industrial) zone for a number of reasons. Namely, the uses will continue to be limited to general industrial uses; and a rezoning to M-5 (High Impact Industrial) would permit a range of uses including gravel extraction, cement plants, tar production, saw mills, and chemical plants. Second Reading Conditions: At the January 26, 2016 Council meeting, first reading was granted to the application with the following Council motion: 1) That Bylaw No. 7177-2015 be given first reading and that a Risk Assessment Report in accordance with MIACC Risk Based Land Use Planning Guidelines be provided prior to second reading and forwarding to Public Hearing, and 2) That the following terms and conditions be met prior to final reading: iii) Stormwater Management Plan; and iv) Letter of Compliance, or other instrument, from the Ministry of Environment under the Environmental Management Act regarding site contamination. The applicant has submitted a Risk Assessment Report in accordance with MIACC Risk Based Land Use Planning Guidelines. The report is prepared by Golder Associates Ltd. and dated March 1, 2016 (see Appendix D). Golder Associates Ltd. concludes that: - 4 - “The results of this screening risk assessment of the facility, based on the information provided by Aevitas, suggest that exclusion and unrestricted land use zones around the risk source (i.e, the storage and handling of flammable liquids) would be on the order of 9 metres and 16 metres respectively. These zones could be accommodated within the current property footprint. In addition, Aevitas could pursue a site-specific risk assessment that may return lower risk estimations, and allow for smaller exclusion and unrestricted land use zones (p.79).” It is noted that processing oil-filled obsolete electrical equipment and transfer of paint, solvents and other waste materials is regulated by the provincial Hazardous Waste Regulation (HWR) under the Environmental Management Act. Approval from the Ministry of Environment is required to operate, which involves a separate licensing and regulatory process. The Aevitas business plan for this site would therefore trigger Ministry of Environment approval. As included in the January 18, 2016 staff report, Aevitas has outlined briefly how they will be complying with the relevant sections of the HWR, and much more detailed information will be submitted to the Ministry of Environment at the building permit stage. Table 1: Ministry of Environment Approval Process MoE Requirement MR Aevitas Proposal Information Provided by Aevitas Siting Requirements (Section 2)  Meets siting requirements, which includes appropriate distances away from a holocene fault line, land subject to slope failure, tsunami and floodplain. Operational Plan (Section 4)  4 main holding tanks at approx. 100,000 L capacity each: 2 for new oil and 2 for used insulating oil.  A small tank at approximately 30,000 L will be installed to hold used motor oil, hydraulic oil and industrial lubricants as part of BCUOMA program. Contingency Plan (Section 11)  Materials will be re-routed to other facilities.  Detailed plan outlining communication, notification and evacuation plans and when required.  Retain Emergency Response Service Responder providing 24/7 service. Closure Plan (Section 14)  Document the requirements to undertake the closure and rehabilitation of the site and ensure adequate resources are allocated.  Financial assurance provided by line of credit to MOE.  Once closure is complete certification that final closure was performed will developed by company Directors and professional engineer and provided to MOE. Monitoring and Reporting (Section 17)  Perimeter of property monitored with piezometer wells. Pre- operational testing performed to determine baseline.  Daily record of waste materials received and shipped.  Annual review of operation by independent third party consultant.  Tank thickness testing and other regular quality inspections.  Regular inspection and maintenance for tanks, valves, hoses, containment areas. - 5 - i) Development Information Meeting: The applicant was required to host a Development Information Meeting prior to first reading consideration at Committee of the Whole. The applicant hosted the information meeting on Thursday, November 5, 2015 at the Justice Institute close to the subject property. Approximately 35 people attended. A summary of the comments and discussions with the attendees was provided by the applicant and include the following:  Concerns about the amount of traffic that will result on 256 Street;  Concerns about safety, hazard mitigation, and pollution from the proposed use; and  Concerns about environmental protection. 4) Interdepartmental Implications: The application was reviewed by the Engineering and License, Permits and Bylaws Departments and their comments were included in the previous staff report dated January 18, 2016. 5) Intergovernmental Issues: i) Ministry of Environment: The proposed text amendment use requires approval from the Ministry of Environment prior to the commencement of this use on the subject property. The Ministry of Environment approval process was outlined in the staff report dated January 18, 2016. 6) Citizen Implications: Staff received a submission from an area resident containing background information on PCBs, concerns about the operation of the business, and newspaper clippings from Aevitas’ Chilliwack facility planning process. A formal response to this submission from Byron Day, President of Aevitas, was also submitted to staff. 7) Alternatives: If Council is not in agreement with the conclusions of the Golder Associates Ltd. Risk Assessment Report, two alternatives are available: 1. Defer the application and require the applicant to obtain an independent third party peer review of the Golder Risk Assessment Report findings and conclusions; or 2. Deny the application to avoid further expense to the applicant. - 6 - CONCLUSION: As the applicant has submitted the Risk Assessment Report as requested in a January 26, 2016 Council resolution, it is recommended that second reading be granted and that application 2015- 283-RZ be forwarded to Public Hearing. “Original signed by Amelia Bowden’ _______________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by E.C. Swabey” _______________________________________________ Concurrence: E.C. Swabey Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Map Appendix C – Zone Amending Bylaw No. 7177-2015 Appendix D – Risk Assessment Report Appendix E – Addendum Report (no attachments) DATE: Jan 12, 20162015-283-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 14160 256 St2011 ImageLegend Stream Indefinite Creek River Centreline Major Rivers & Lakes DATE: Jan 12, 2016 2015-283-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 14160 256 St 2011 Image Aerial Imagery from the Spring of 2011 Legend Stream Indefinite Creek River Centreline River Major Rivers & Lakes CITY OF MAPLE RIDGE BYLAW NO. 7177-2015 A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7177-2015." 2. PART 8, INDUSTRIAL ZONES, SECTION 802, GENERAL INDUSTRIAL: M-2 is amended as follows: i. SECTION 1, PERMITTED PRINCIPAL USES, is amended by the addition of the following: h) Notwithstanding clause 1) a) ii), Cleaning of low hazard (under 50 parts per million of PCB) electrical equipment; storage and minor processing of hydrocarbons is permitted at: 14160 256 Street Lot 2 District Lot 5326 Group 1 New Westminster District Plan 41830 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended is hereby amended accordingly. READ a first time the 26th day of January, 2016. READ a second time the 12th day of April, 2016. PUBLIC HEARING held the day of , 20 . READ a third time the day of , 20 . ADOPTED the day of , 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: January 18, 2016 and Members of Council FILE NO: 2015-283-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading – Addendum Report Zone Amending Bylaw No. 7177-2015 14160 256 Street EXECUTIVE SUMMARY: This site specific text amendment application for the subject property, located at 14160 256 Street, is to permit the cleaning of low hazard transformers and the storage and minor processing of hydrocarbons. Council deferred the application at the November 16, 2015 Committee of the Whole meeting with the following recommendation: That the staff report be deferred to an appropriate meeting to receive information on the ownership of the business, potential risk to the community, transferability of the business license and the definition of M5 zoning. Since deferral of the project, the applicant has revised their application by removing one of the properties from the application. The site specific text amendment is for 14160 256 Street only, which currently has an industrial building located on the property. The applicant has also provided additional information requested by Council, outlined in this staff report and attached as Appendices E, F, and G. The applicant has also confirmed that the business operator is Aevitas. RECOMMENDATIONS: 1) That Zone Amending Bylaw No. 7177-2015 be given first and second reading and be forwarded to Public Hearing; and 2) That the following terms and conditions be met prior to final reading: i. Stormwater Management Plan; and ii. Letter of Compliance, or other instrument, from the Ministry of Environment under the Environmental Management Act regarding site contamination. DISCUSSION: a) Revised Information: At the November 16, 2015 Committee of the Whole meeting, a number of concerns were raised by Council. Each of the concerns identified in Council’s deferral resolution are outlined below with a response from the applicant. - 2 - 1. Information on the Business Ownership The business seeking to locate on the subject properties is Aevitas. Aevitas is an Ontario based specialized waste business that has been in operation for over 20 years. Aevitas currently has nine locations, five of which are located in Ontario, with the remainder in Alberta, Quebec, Michigan and one facility in Delta, BC. Across their nine facilities, waste recycling includes mercury, batteries, light bulbs and lamps, electrical equipment and transformers. Their facilities include a waste water treatment plant, a PCB dechlorination treatment facility, and a PCB incinerator, which are all located in the company’s Ontario facilities. Aevitas clients include electrical utilities, primary industries, government, as well as commercial and institutional facilities. Client letters of support are attached as Appendix G. While Aevitas provides a range of industrial waste recycling across Canada and the US, the uses for the proposed Maple Ridge facility are guided by industry demand, infrastructure, and the company’s Canada-wide business operation. The company’s existing BC facility in Delta is no longer capable of solely maintaining Aevitas’ growing demand. The specific business operations for the proposed Maple Ridge site compared with Aevitas’ operations at their other locations have been provided by the company in Table 1 below. This table includes a comparison of uses for the proposed Chilliwack facility that was withdrawn earlier this year. Table 1: Material Processing By Facility Similar Materials and Processes (List) Maple Ridge Delta Chilliwack (withdrawn proposal) Ayr, Ontario Cornwall, Ontario Kirkland Lake, Ontario Brantford, Ontario Processing drained, obsolete electrical equipment with less than 3% residual oil (non-hazardous in BC) yes yes yes yes yes yes no Processing oil-filled obsolete electrical equipment (BC hazardous)* yes no yes yes yes yes no Transfer waste oils, paints, spent aerosols, batteries, oil soaked absorbents/rags, cleaning solutions, spent lamps, fire extinguishers, etc.* yes no yes yes no no no Degasify and filter new and used transformer oil** yes no yes no no no yes Retort mercury from lamps and devices no no yes yes no no no Receive PCB waste (defined as greater than 50 ppm) no no yes yes yes yes no Dechlorinate and refine used transformer oil no no yes no no no yes Incinerator no no no no yes no no Vapour Degreasing no no no no no yes no * requires MoE approval **requires MoE approval for used oil only - 3 - 2. Risk Mitigation In addition to information about the business operator, the Council resolution also requested additional information about potential risks to the community. Three main risks have been identified by the applicant. The Hazardous Waste Regulation Act requires the safe operation of waste recycling facilities, and Aevitas has outlined how each risk will be mitigated in Table 2 below. Table 2: Risk Management Potential Risk MoE Regulation MR Aevitas Mitigation Strategy Fire (Section 9)  24 hour monitored fire alarm system.  Fire suppressions system.  Posted signage and spark grounding.  Flammable room for ignitable waste storage as approved by Maple Ridge Fire Department.  Foam Fire Suppressant System in flammable area as approved by Maple Ridge Fire Department.  Ongoing personnel training and inspections Spills/ Contamination (Section 10)  Self reporting.  Containment standards: 110% containment capacity for liquids in bulk.  Regular inspections  Perimeter of property monitored with piezometer wells.  Pre-operational testing to determine baseline.  Catch basins fitted with turn down collection capability.  Stormwater control system with 3 stage separator and shut-off valves.  Liquids loaded/unloaded inside building within engineered perimeter containment.  Working area floor surfaces will be epoxy coated to prevent penetration into concrete.  Quantity of spill response supplies for internal and external third party use.  Ongoing training and retention of third party emergency responder. Transport Accident  Transportation of Dangerous Goods approved containers  Trucks fitted with secondary containment, spill kits and trained personnel.  Third party emergency services responder retained and available to respond 24/7. 3. Transferability of the Business License Staff have obtained a legal opinion from the city solicitor, regarding Council’s ability to tie the site specific text amendment to the operator. The city solicitor has advised that zoning is tied to the land, and therefore the proposed text amendment could not be rescinded in the event that the business operator changed in the future. The City would have the authority to change the zoning, but the business could continue to operate as a non-conforming use. 4. Definition of M-5 (High Impact Industrial) Zoning The M-5 (High Impact Industrial) zone, in its entirety, is included in Appendix H. The M-5 (High Impact Industrial) zone is for heavy industrial uses that are not permitted in the M-2 (General Industrial) zone. Currently, there are no properties zoned M-5 (High Impact Industrial) in Maple Ridge. - 4 - The difference between rezoning the subject property to M-5 (High Impact Industrial) and a site specific text amendment in the M-2 (General Industrial) zone is that the full range of heavy industrial uses would be permitted on the property under the M-5 (High Impact Industrial) zone; whereas a much more limited range of uses would be permitted with an M-2 (General Industrial) text amendment. The M-5 (High Impact Industrial) zone allows the following uses that are not in the M-2 (General Industrial) zone:  Extraction industrial  Industrial uses limited to: o Concrete and cement plants and product manufacturing; o Asphalt, rubber, and tar production and products manufacturing; o Sawmills, shakemills and pulp mills; o Hydrocarbon refining and storage; o Chemical plants; o Stockyards and abattoirs; o Septic tank services; o Waste reduction plants; and o Accessory primary processing. As all uses will take place in a building under controlled conditions, the proposed hydro-carbon refining and bulk storage is considered to have less impact on surrounding properties than a crude oil refinery, which is characterised by outdoor infrastructure such as piping and large tanks. Some of the proposed business uses are classified as industrial or waste transfer station uses, which are currently permitted in the existing M-2 (General Industrial) zone. Specifically, these uses included the disassembly of electrical transformers and high voltage equipment; and the transferring and bulking of drummed material wastes. These uses could occur without the requested site specific text amendment. Table 3: Summary of Proposed Maple Ridge Uses Aevitas Use Zoning Use Permitted in M-2 Ministry Approval Required Processing drained, obsolete electrical equipment with less than 3% residual oil (non- hazardous in BC) Wrecking and salvaging Yes No Processing oil-filled obsolete electrical equipment (BC hazardous) Hydro-carbon processing No Yes Degasify and filter new and used transformer oil Hydro-carbon bulk storage No Yes (for used oil only) Transfer waste oils, paints, spent aerosols, batteries, oil soaked absorbents/rags, cleaning solutions, spent lamps, fire extinguishers, etc. Waste transfer station Yes Yes 5. Ministry of Environment Approval Process Processing oil-filled obsolete electrical equipment and transfer of paint, solvents and other waste materials is regulated by the provincial Hazardous Waste Regulation (HWR) under the Environmental Management Act. Approval from the Ministry of Environment is required to operate, which involves a - 5 - separate licensing and regulatory process. As identified in the original staff report, Ministry of Environment approval is required for businesses that are handling hazardous waste, which includes solvents, paint, transformer oil with more than 50 ppm of PCBs, or more than 5,000 litres per month of transformer oil with less than 50 ppm of PBCs. The Aevitas business plan for this site would therefore trigger Ministry of Environment approval. Prior to applying for Ministry of Environment approval or receiving approval from the Ministry of Environment, Aevitas must first secure an appropriately zoned property. Specific siting guidelines are provided in the Hazardous Waste Regulation that guide business location. The Ministry of Environment application process is approximately a year long process. The application covers the review of documents and plans that outline how the business will be conducted in a safe manner and includes a process for closure. Aevitas has outlined briefly how they will be complying with the relevant sections of the HWR, and much more detailed information will be submitted to the Ministry of Environment at the building permit stage. Table 4: Ministry of Environment Approval Process MoE Requirement MR Aevitas Proposal Information Provided by Aevitas Siting Requirements (Section 2)  Meets siting requirements, which includes appropriate distances away from a holocene fault line, land subject to slope failure, tsunami and floodplain. Operational Plan (Section 4)  4 main holding tanks at approx. 100,000 L capacity each: 2 for new oil and 2 for used insulating oil.  A small tank at approximately 30,000 L will be installed to hold used motor oil, hydraulic oil and industrial lubricants as part of BCUOMA program. Contingency Plan (Section 11)  Materials will be re-routed to other facilities.  Detailed plan outlining communication, notification and evacuation plans and when required.  Retain Emergency Response Service Responder providing 24/7 service. Closure Plan (Section 14)  Document the requirements to undertake the closure and rehabilitation of the site and ensure adequate resources are allocated.  Financial assurance provided by line of credit to MOE.  Once closure is complete certification that final closure was performed will developed by company Directors and professional engineer and provided to MOE. Monitoring and Reporting (Section 17)  Perimeter of property monitored with piezometer wells. Pre- operational testing performed to determine baseline.  Daily record of waste materials received and shipped.  Annual review of operation by independent third party consultant.  Tank thickness testing and other regular quality inspections.  Regular inspection and maintenance for tanks, valves, hoses, containment areas. - 6 - 6. Concerns Raised from Resident Staff received a submission from an area resident containing background information on PCBs, concerns about the operation of the business, and newspaper clippings from Aevitas’ Chilliwack facility planning process. A formal response to this submission from Byron Day, President of Aevitas, is attached as Appendix F. b) Interdepartmental Implications: Building Department The Chief Building Official has advised that the existing building located on the subject property will need to be fully upgraded to F1 – High Hazard Industrial Occupancy Classification of the current BC Building Code. This would include plans to be prepared by an architect and all other required registered professionals potentially: electrical engineer, structural engineer, plumbing engineer, fire suppressant engineer, and mechanical engineer. High Hazard Industrial means that there is a high quantity of highly flammable, combustible or explosive materials that require specific building considerations. These upgrades may include and are not limited to a fire suppression system complying with National Fire Protection Association (NFPA) standards with adequate water supply and possible upgrade to exposing building face to meet the construction requirements and allowable unprotected openings. Fire Department The Fire Department has been in discussion with Aevitas regarding the operation and safety considerations for the proposed Maple Ridge facility, and a site visit to the company’s Delta facility was conducted in November 2015. Ongoing assessment, communication and review will take place during the building permit stage. No approvals or formal review have taken place at this time. CONCLUSION: The subject application was deferred at the November 16, 2015 Committee of the Whole meeting with a Council resolution requesting additional information on the proposed use and company that will operate on the subject property. Since the item was deferred, the applicant has provided the requested information, and has modified the application to remove the second property from the text amendment. This application is now limited to the property located at 14160 256 Street. - 7 - As the application is in compliance with the Official Community Plan, and additional regulation and approval is required from the Ministry of Environment, it is recommended that first and second reading be granted and that application 2015-283-RZ be forwarded to Public Hearing. “Original signed by Amelia Bowden” _______________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by E.C. Swabey” _______________________________________________ Concurrence: E.C Swabey Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Map Appendix C – Zone Amending Bylaw No. 7177-2015 Appendix D – Staff report dated November 16, 2015 (no attachments) Appendix E – Aevitas Primer – Maple Ridge Proposed for New Facility Appendix F – Aevitas Response to Resident Concerns Appendix G – Aevitas’ Client Support Letters Appendix H – M-5 (High Impact Industrial) Zoning Regulation