A salvage yard in Guelph-Eramosa Township is looking to expand and build an additional 11,000-square-foot building, but first it must obtain legal status.
Nicklin Auto Parts and Recycling has been operating at 7881 Eastview Road continuously since 1959.
At that time the salvage yard was permitted in former Guelph Township, but it is now operating as a legal non-conforming use because salvage yards are prohibited in every zone of Guelph-Eramosa Township.
At present, the majority of Nicklin’s work is conducted outside, with all of the vehicles stored on an outdoor lot.
In the Wellington County Official Plan the area is designated prime agricultural greenlands and core greenlands, with the salvage yard occurring in the prime agricultural zone. The site is also located in a wellhead protection area and is considered a sensitive use.
In order to put up a new structure, expand the business and receive approval for the zoning bylaw amendment and site plan application, Nicklin Auto Parts and Recycling must first be legalized from a legal non-conforming use.
“Approving this would mean that the proposal would continue on the property permanently – or could if the owners desired so,” township planning associate Kelsey Lang said at a July 11 public meeting.
“It’s unlikely that approving this proposal would set a precedent for allowing prohibited uses in general; however we do know of some other legal non-conforming uses and this may set a precedent for legalizing them.”
Councillor Mark Bouwmeester asked if Lang was sending a “warning” to council.
“No it’s just something to be aware of,” Lang responded.
Nicklin Auto Parts and Recycling planning consultant Josh Morgan said the business’ motivation for adding a new building was to more easily retain employees.
“The property’s been used as an end-of-life vehicle processing facility since the 1950s. During this time Nicklin has been conducting the majority of its operations outdoors even during the harsh winter months,” Morgan said, adding it’s difficult for to retain workers when they work outside in the winter.
“So outdoors the motor vehicles are dismantled, they’re stripped of all their parts and they’re de-polluted on site,” Morgan said. The vehicles are then compacted or crushed and recycled off site.
In addition the Ministry of Environment and Climate Change (MOECC) introduced new regulations for salvage yards in March.
“To comply with these new regulations, Nicklin must undertake all of their operations indoors,” Morgan said. “Which of course requires a new building.”
However the vehicles would still be stored outside.
“The proposed development location will increase the operational setback from the adjacent wetland,” Morgan said.
He added that if the facility is approved, “all de-polluting, dismantling and compaction activities will be undertaken indoors on an impermeable surface thereby ensuring no negative on-site or off-site impacts,” which he called “a significant improvement over the site today.”
De-polluting means the removal of all liquids from the vehicle.
The first phase of development would include the 11,000-square-foot operations building while maintaining the current building on site for the employee lunch room and administrative/reception office.
Neighbour Rob Van Tol said his family has been living beside Nicklin since 1964.
“It’s changed quite a bit in the last number of years and we’re concerned that any expansion of the facility there, we’re concerned about the environmental impacts,” Van Tol said at the meeting.
“It’s been there a long time and practices have changed over time, but our concern is about the groundwater and how that affects our property as well … in addition we want to make sure that the property line between us and them gets maintained.”
He said the former fence separating the properties is no longer there – instead there is now a line of trees – and he feels there needs to be a substantial buffer.
Morgan said the fence line and tree buffer is something that could be worked through during the site plan agreement process.
“Now is the opportunity to have those things, I mean the fence line specifically and the tree line, I’m happy to work with the township to incorporate those improvements on the site plan and identify specifically on the plan where the fence needs to be improved,” Morgan said.
He continued to say that storm management ponds on the site were recently tested and were deemed acceptable – and they will ensure the site is tested going forward.
Morgan also clarified that Nicklin hired a hydrogeologist to test the soil and ground water on site and they were generally healthy.
“Certainly … this proposed development of a new structure would ensure that any future spills would occur inside on an impermeable surface and will be properly contained,” he said.
Morgan continued, “This is a wellhead protection area that we’re in so not only … are Nicklin responsible for ensuring that they’re not contaminating their neighbour’s well, they’re responsible for ensuring they’re not contaminating the water of everyone that’s benefiting from that wellhead.”
Lang said staff would likely have a report to council about the zoning bylaw amendment at the Aug. 8 council meeting.
