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Public Notice
November 3, 2016 Subject Property: 1830 Ridgedale Avenue Lot 1, District Lot 2710, Similkameen Division Yale District, Plan 21103 Application: Temporary Use Permit PL2016-7765 The applicants are requesting a Temporary Use Permit to permit the operation of a ‘rock crusher’ on the subject lands for a period of two months. The following conditions will be applicable: • No processed materials are to leave the site • The rock crusher is only permitted to be
operated between the hours of 8 AM and 4 PM, Monday to Friday • Appropriate dust control measures are to be taken at all times • That a sound barrier (earth berm) is created to reduce noise around the crusher Information: The staff report to Council and Temporary Use Permit PL2016-7765 will be available for public inspection from Friday, November 4, 2016 to Tuesday, November 15, 2016 at the following locations during hours of operation: • Penticton City Hall, 171 Main Street • Penticton Library, 785 Main Street • Penticton Community Centre, 325 Power Street You can also find this information on the City’s website at www.penticton.ca/publicnotice. Please contact the Planning Department at (250) 490-2501 with any questions. Council Consideration: Council will consider this application at its Regular Council Meeting scheduled for 6:00 p.m., Tuesday, November 15, 2016, in Council Chambers at Penticton City Hall, 171 Main Street.
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Page 2 of 2 For Office Use Only: city\ADDRESS\Ridgedale Ave\1830\PLANNING\2016 PRJ-101\NOTICES\TUP\2016-11-03 Public Notice
Public Comments: You may appear in person, or by agent, the evening of the Council meeting, or submit a petition or written comments by mail or email no later than 9:30 a.m., Tuesday, November 15, 2016 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 Email: [email protected]. No letter, report or representation from the public will be received by Council after the conclusion of the November 15, 2016 Council Meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author’s address relevant to Council’s consideration of this matter and will disclose this personal information. The author’s phone number and email address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Those persons with special hearing, language or access needs should contact City Hall at (250) 490-2400 prior to the meeting. Blake Laven, RPP, MCIP Manager of Planning
Council Report
Council Report Page 1 of 13
Date: November 15, 2016 File No: TUP PL2016-7765 To: Mitch Moroziuk, Acting Chief Administrative Officer From: Blake Laven, Planning Manager and Michael Hodges, Development Engineer
Subject: Temporary Use Permit for “rock crushing” at 1830 Ridgedale Avenue
Staff Recommendation
THAT Council, after considering the facts in this report and after hearing from any concerned neighbouring residents, choose between one of the two options:
Option 1
THAT Council issue “Temporary Use Permit No. PL2016-7765”, a permit to allow for the operation of a “rock crusher”, on Lot 1, District Lot 2710, Similkameen Division Yale District, Plan 21103, located at 1830 Ridgedale Avenue, for a period of two months and one day, commencing on December 1, 2016, subject to the following conditions:
No processed materials are to leave the site The rock crusher is only permitted to be operated between the hours of 8 AM and 4 PM, Monday to
Friday Appropriate dust control measures are to be taken at all times That a sound barrier (earth berm) is created to reduce noise around the crusher
Option 2 THAT Council deny “Temporary Use Permit No. PL2016-7765” Strategic priority objective
N/A
Financial implication
N/A
Background
The subject property is in an area of the city identified as Columbia Heights and is located just west of the Sendero Canyon residential development. The lands are approximately 40 acres in size and have historically been used as an aggregate extraction site. It was licenced as such by the provincial Ministry of Energy and Mines.
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An application has been received by the City’s Planning Department to amend the current land use in support of a residential subdivision featuring approximately 130 lots. If approved, the new neighbourhood will feature a mixture of residential and park uses, with large and small single family lots, duplex lots and one multiple family site. There will also be two small parks connected by trails and almost 1/3 of the site will be transferred to the City as a conservation area. The plans are in general conformance with the Columbia Heights Neighbourhood Plan.
A well-attended public open house outlining the developer’s intention was held on October 3rd, 2016 at Columbia Elementary School. Bylaws for the land use changes are anticipated to be introduced to Council in December.
As part of the required mine site reclamation and in support of the land use change, earthworks have begun on site. The City has issued two permits for these works. The first is a development permit permitting works to be done in an environmental protection area. This permit was issued with several conditions, one of which requires project oversite by a Qualified Environmental Professional (QEP) and another that requires rehabilitation in the conservation area including new plantings.
The other permit that has been issued is an earthworks permit. This allows for the regrading of the lands. Close to 500,000 cubic meters of materials are proposed to be regraded on the lands.
In an effort to reduce the amount of trucks that are needed with the re-grading effort, the engineering firm representing the developer has requested that a rock crusher be located on the property to process larger rocks on-site into “three quarter minus” rock that will be used in the construction of the infrastructure for the subdivision.
Rock crushing is not a permitted use within the FG (Forestry and Grazing) zone, which the property is currently zoned. As such an application has been made to operate a rock crusher on site for a specified period of time.
Proposal
The applicants are requesting that a temporary use permit be issued to permit the operation of a ‘rock crusher’ on the subject lands for period of two months.
Analysis
When considering an application for a temporary use permit, the OCP has established a set of guidelines for Council and staff to follow. The OCP states that temporary use permits may only be issued provided that the proposed use:
• is not noxious or undesirable; • does not have a negative impact on adjacent lands; • does not create a significant increase in demand for City services; • complies with the DPA guidelines for the area; • operates at hours that do not disturb the surrounding neighbourhood; • will not permanently alter the site; and • complies with council conditions and other provincial and federal enactments
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Given its nature, rock crushing will create a negative impact on neighbouring properties. The process of rock crushing involves dumping large rocks into a metal hopper where they are crushed and then screened. The operation is very loud and creates a lot of dust. This is why rock-crushing is not a permitted use in any zones in Penticton. There is one property in the city where rock crushing does occur. That is the Cantext Construction property on Okanagan Avenue in the industrial park. As this is a historic use, it is permitted to continue. City staff did allow a rock crusher to operate at a previous site in the city and the outcome was not desirable as City Bylaw officers had to attend several times to investigate complaints of dust noise and ‘quality of life’ declines while the crusher was operating. The alternative to processing the rocks on site, however, is loading trucks with the larger rocks and trucking them through the city to an off-site processing area somewhere outside the City limits. Then, processed material would be trucked back on site. While neighbouring residents would be spared the noise and dust of having a rock crusher operating in their vicinity, they would be subject to upwards of 50 trucks a day coming and going from the site (in addition to the regular construction traffic). And the loading and unloading of rocks into the trucks can be noisy and dusty as well. Staff consider that if there are limitations to the rock crushing operation, including on the time of operation and dust mitigation measures, that the use could be operated in a way that does not have as great of a negative impact on neighbouring residents. Furthermore, this is a large property that is buffered from neighbouring development by steep topography. Placing the crusher in a location that will naturally dampen the sound and spread of dust will help in mitigating any nuisance from the operation. Given the above, staff are recommending that Council, after hearing from neighbouring residents, select between the following two options Option 1: THAT Council support the temporary use permit application, subject to the following conditions:
No processed materials are to leave the site the rock crusher is only permitted to be operated between the hours of 8 AM and 4 PM and only
from Monday to Friday Appropriate dust control measures are to be taken at all times That a sound barrier (earth berm) is created to reduce noise around the crusher
Option 2: THAT the temporary use permit application is denied. Alternate Recommendations
1. THAT TUP application No. PL2015-037 be referred back to staff for further review as directed by Council.
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Attachments
Attachment A: Subject property location map Attachment B: Images of property Attachment C: Proposed location of rock crusher Attachment D: Letter of intent from the applicant Attachment E: Draft permit
Respectfully submitted, Blake Laven, RPP, MCIP Michael Hodges, Planning Manager Development Engineer
Approvals
ADDS Acting CAO
BDJ
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Attachment A Subject Property Location Map
SUBJECT PROPERTY
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Attachment B Images of Subject Property
Figure 1: Drone image of subject property with Sendero Canyon development in the foreground, looking west
Figure 2: Drone image of subject lands showing the aggregate extraction area
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Figure 3: Image of subject lands looking east
Figure 4: Image of subject lands looking south
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Attachment C Map showing proposed location of rock crusher with a 220m buffer
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Attachment D Letter in support of application
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Attachment E Draft Permit
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