At the Monday, October 22, council meeting, one of the agenda items concerned the rezoning application from J&E Backhoe Ltd. for the property known as Eddie's Pit. J&E Backhoe Ltd. is operated by Eddie Weismiller who applied for a portion of his property to be rezoned from RR1 (rural/residential) to CD that would provide for a range of industrial uses.
Judy McLeod, the planning consultant working on the rezoning application, gave an update on its status and explained that, prior to referral to relevant agencies, more items are required that include the submission of an official community plan (OCP) amendment application, a site survey and a refined list of uses. McLeod explained that the 2.41 portion of the 8.04 ha. property at 730 Buchanan Road exceeds the extent of the area that is included in the industrial designation in the OCP.
McLeod recalled that when the report came before council on July 9, councillors asked for a chance to visit the property. After a site tour on July 16, council resolved on July 23 "that staff report back to council on the results of the referral process and with a draft comprehensive development bylaw for council consideration."
Yet the document has not gone out for referrals and McLeod is asking the applicant to narrow down what she calls a "shopping bag of uses" that includes stockpiling, wholesale and retail sale of sand, gravel and aggregate, soil screening, mixing and storage, storage of commercial vehicles and heavy equipment, storage and recycling of demolition and construction waste, a compost facility for yard trimmings and green waste under the Organics Matter Recycling Regulations and a brokering facility for up to 20 tonnes of land clearing wood waste including the stockpiling and chipping of wood debris.
McLeod said that she is aware that the rezoning application includes current uses of the property operating with a mining permit. She said, "The mining permit allows uses related to the quarry operation like things related to crushing and storing equipment related to mining. It doesn't allow transporting things onto the property for re-sale, for example."
Councillor Cro Lucas said that he understands the element of frustration on the part of the applicant to be faced with further requirements. "I am aware that they have done a superficial survey," he said. But councillor Wolfgang Duntz stated that the additional requirements are not enough. He said, "Industrial zoning is one of the most complex issues council can deal with and I question if we have the skill to make a wise decision." He explained that the impact of industrial usage on neighbouring properties mostly relates to transportation, noise and smell. He argued that since council didn't have the skill set to make an educated judgement, it would have to rely on outside sources for advice, such as an independent traffic engineer. He added, "The site's drainage is situated right over our biggest water reservoir. This needs to be addressed by a qualified consultant." He made the motion that Weismiller engage certifiable consultants to look at impacts of traffic, noise, smell and water.
This was Duntz's first time at the table during the discussion about the J&E Backhoe Ltd. rezoning application as he had recused himself stating conflict of interest in the earlier sessions. Duntz explained that uses that were not in compliance with the zoning have been carried out at Eddie's Pit, yet council hasn't taken action with the understanding that a rezoning application would address the issue. He said, "It is in everybody's best interest to find out if the land would be suitable for the uses."
Lucas suggested to define acceptable uses before "the applicant spends a tonne of money on studies relating to traffic and noise."
Bill Newport spoke on behalf of Eddie Weismiller. He expressed surprise that council would consider additional requirements that would be quite expensive. He added that an environmental impact study had already been submitted and that another applicant, who has brought a similar application forward, has not been asked for the same documentation. CAO Kathy Lalonde noted that the other application could not be brought into the discussion with council since a public hearing in the matter has already happened.
McLeod cautioned that a definition of uses is needed before additional studies are done. "[Consultants] need to understand what it is they are reviewing and look at how the uses are distributed on the site. It is difficult to do a traffic study without understanding how the site will be built out over time. We need to give an indication which uses on the site are fine and which are troublesome. Then the applicant would have an indication before spending the money on studies."
Chris Buchanan is a neighbour living down the hill from Eddie's Pit. He wrote a letter to council stating that he believes the activities he observes on the road are not only disturbing neighbours but are also contrary to the current zoning. At the meeting, he said, "I want to know what is going to happen to the ongoing uses, the noise and trucks." Lalonde assured him that staff was taking his letter into consideration.
Council approved the motion suggested by Duntz that requires Weismiller to pay for extensive studies relating to traffic, noise, smell and environmental impact in addition to submitting an application for an OCP amendment and a site survey.
