Guelph-Eramosa council legalized the Nicklin Auto Parts and Recyclers’ salvage yard and approved a site plan application to move the operation into a new building.
“This seems to make sense to me,” said Mayor Chris White at Guelph-Eramosa’s Aug. 8 council meeting. “In fact at the end of the day he’s cleaning it up.”
The business at 7881 Eastview Rd. submitted a zoning bylaw amendment application and site plan application to build a new structure and expand the business. However, to do so council needed to first legalize the legal non-conforming use on the site at the Aug. 8 council meeting.
Under the current zoning bylaw salvage yards are not permitted anywhere within the township, however, because Nicklin was established in 1959 in the former Guelph Township and has run continuously, the operation is considered a legal non-conforming use but to expand it must be legalized.
A salvage yard is an “establishment where goods, wares, merchandise and articles are dismantled or processed for further use/or where such goods, wares, merchandise and articles are stored and kept for sale wholly or partly in the open and shall include a junk yard, a scrap metal yard and an automobile wrecking yard,” the report states.
The land where Nicklin is located is designated as prime agricultural in the Wellington County Official Plan and the northeast corner and southeast edge are designated greenlands and core greenlands, the report explains. The area where the salvage yard is located is prime agricultural.
The lands are also located within a wellhead protection area B and the salvage yard activities are taking place in high and medium-high vulnerability areas.
In her report former township planning associate Kelsey Lang states there are different aspects to consider in the legalization.
Implications
There are other salvage yards within the township that fall into the legal non-conforming use category and Lang cautioned that legalizing Nicklin could set a precedent for legalizing other legal non-conforming uses in the township. However, she said it’s unlikely to set a precedent for allowing prohibited uses in general.
Expansion request
The site plan proposed a 1,045 square metre (11,250 square feet) building now to move it’s operations indoors. It also contains plans to potentially triple its size in the future.
Neighbours
The impacts on neighbouring properties are unlikely to change from the current level, the report states.
The special provision to allow a salvage yard on the property would only apply to specific areas on the site, which is not significantly different from where the operation is located now.
“The remainder of the site would not be permitted to have uses associated with a salvage yard,” the report says.
The township is satisfied with the existing storm water management pond on site that the Ministry of Environment and Climate Change approved in 2001. However, Nicklin must prove the pond is operating correctly receiving permits.
At the Aug. 8 council meeting councillor Corey Woods voiced concern about the overflow of the storm water management pond.
“It sounds like the water retention pond, the outlet is right on the neighbour’s property and if this person has a sizable lot why would the spill-over of the water retention pond flood the neighbour’s property? Why wouldn’t it flood their own property?” he asked. “I guess I would have a problem if I were the neighbour even though I understand this business has been here since (19)59, I have a problem with their potentially contaminated water spilling onto my property.”
Township planning consultant Dan Currie from MHBC Planning said the storm water management pond was created to the Ministry of Environment and Climate Change (MOECC) specifications and it’s still functioning as it should.
Woods asked who’s responsible if the pond stops working properly in the future.
Director of public works Harry Niemi explained that Nicklin applied for an environmental compliance approval (ECA) from the MOECC for the construction. If the neighbour had an issue, Niemi said they should call the MOECC for action.
Landscaping
The site plan will address the need for landscaping, screening, buffering and setbacks.
Natural environment
Nicklin’s property is located on a water course and is part of it’s associated floodplain. Parts of the property are also in the Provincial Significant Guelph Northeast Wetland Complex.
It is anticipated that moving the salvage yard indoors will increase ground water and natural environment protection, according to the report.
It states that the Grand River Conservation Authority does not have concerns about the proposed zoning.
However, a number of agencies did provide comments regarding the site plan application. The report indicates that all comments have been addressed.
The proposed building will be constructed in potentially three phases and will potentially be over 3,135 metres squared (33,744 feet squared) of the site. The first building will allow the salvage yard to move most of its operations indoors. However, an oil and grit separator needs to be inspected before building permits are issued.
“I think we’d be hard pressed to turn it away if they’re cleaning it up and bringing everything inside and … it’s probably going to apply to all the salvage yards so I think it’s a good thing across the board if they all get cleaned up somewhat,” Woods said.
Zoning bylaw review
At the same meeting council also approved a new comprehensive bylaw to be put into place Sept. 2, meaning under the new provincial planning act there cannot be any zoning bylaw amendments for two years. However, Guelph-Eramosa council chose to amend the two-year restriction so zoning bylaw amendments and minor variances can proceed as normal.
