Report to:  Development Services Committee                            Report Date:  October 7, 2008

 

 

SUBJECT:                 PRELIMINARY REPORT

Gemcross Developments

(ConStrada Aggregate Recycling Facility)

350 Yorktech Drive

Application for zoning by-law amendment to permit the existing aggregate recycling facility on a permanent basis

                                    ZA-08-119862

 

PREPARED BY:        Scott Heaslip, Senior Project Coordinator, ext. 3140

                                    Central District

________________________________________________________________________

 

RECOMMENDATION:

 

That the staff report dated October 7, 2008 regarding an application by Gemcross Developments (Constrada) for zoning by-law amendment to permit the existing aggregate recycling facility at 350 Rodick Road on a permanent basis, be received;

 

And that, upon submission of a complete application for Official Plan Amendment, a  Public Meeting be scheduled to consider the applications submitted by Gemcross Developments (Strada Aggregates Inc.) for Official Plan and zoning by-law amendments to permit the existing aggregate recycling facility at 350 Yorktech Drive on a permanent basis;

 

And that staff be authorized and directed to do all things necessary to give effect to this resolution. 

 

EXECUTIVE SUMMARY:

 

Gemross Developments (Constrada) operates an aggregate recycling facility on the east side of Rodick Road, south of Highway 7.  

 

This facility was approved by the Town in 2002 as a temporary use, not to exceed 6 years.  This temporary approval, which was granted to permit the owners to generate sufficient funds to finance the clean up of the contaminated  lands west of Rodick Road, facilitating the Rodick Road and Yorktech Drive extensions, has now lapsed.

 

The applicant has applied for zoning by-law amendment, requesting the use to  be permitted on a permanent basis. 

 

An aggregate recycling facility is not an appropriate use over the long term in this location, which is adjacent to major commercial, residential and prestige employment uses.    

 

Staff do not support the applicant’s request for the use to be permitted on a permanent basis, which application is contrary to the temporary and time limited nature of the original approval and agreement between the applicant and the Town.   

 

Normal Town practice is to hold a public meeting before making a final decision on a rezoning application.  However, the Planning Act does not prohibit Council from making a decision to deny a rezoning application without holding a formal public meeting.   

 

PURPOSE:

 

The purpose of this report is to provide preliminary information regarding an application for zoning by-law amendment to permit the ConStrada aggregate recycling facility on the east side of Rodick Road, opposite Fairburn Drive, to remain on a permanent basis.  The facility was previously permitted through a temporary use by-law, which expired on June 14, 2008.

 

BACKGROUND:

 

Site description and area context

The subject lands have an area of approximately 3.8 hectares (9.4 acres) and are located on the east side of Yorktech Drive, directly opposite Fairburn Drive.  The lands are being used for an aggregate recycling facility consisting of various material stockpiles, a weigh scale, a crushing machine and an administration office (see Figure 4).  The facility is surrounded by a landscaped berm and fencing. 

 

Surrounding uses include Rouge River valleylands to the north, the IBM technology campus to the east across the hydro corridor, Zoom Zoom Storage to the south, and multi-tenant industrial/commercial buildings to the west across Rodick Road. 

 

Official Plan and Zoning

The site is designated “Industrial - General Industrial” in the Official Plan. Open storage is provided for only as an accessory use to a permitted industrial use in this designation. 

 

The subject lands are currently zoned “Select Industrial with Controlled Storage” [M(CS)] by By-law 165-80, as amended.   This zoning does not permit the use of an aggregate recycling facility nor would it permit the associated outside storage.  The Town approved a 3-year temporary use by-law in 2002 permitting the subject property to be used for an aggregate recycling facility.  The temporary use by-law was renewed in 2005, and expired on June 14, 2008.  The facility continues to operate in contravention of the by-law.

 

Aggregate recycling facility permitted in 2002 as a temporary use, subject to written committments that use was not to extend beyond 6 years  

 

The June 4, 2002 staff outlined the rationale for the approval, as follows: 

 

The site is located adjacent to major commercial uses along Highway #7, the Markham Centre plan area with major office and residential uses, and directly adjacent to the Rouge River. The long term intent for these lands is for industrial use with a limited outdoor storage component which is screened and compatible with the commercial and prestige space within Markham Centre.  The aggregate recycling facility would not be an appropriate use over the long term.

 

However, this site has been restricted from any redevelopment due to site contamination.  The opportunity that this temporary use / lease arrangement provides is to permit the owners to generate sufficient funds to finance the clean up of the lands west of Rodick Road, as well as the management of environmental contaminants over the longer term on the two eastern parcels.  In addition, the road extension (Rodick Road and Yorktech Drive) necessary to serve transportation network requirements can now be realized with the clean up of these sites.  The property owner has indicated that the proposed lease/temporary use arrangement would enable them to finance the clean up. The proposed lease arrangement with the tenant who will operate the recycling facility is for three years with the opportunity to extend for a maximum of an additional three years.  The temporary effects of the uses on the adjacent properties are minimized through the berming, landscaping and fencing proposed by the applicant.  Also, many of the uses proposed within Markham Centre have not yet been built and are not anticipated to be fully built within the time frame proposed for the temporary use.

 

Past experience with the use of temporary by-laws indicates that once approved it may be difficult, if challenged, to discontinue the use at the end of the proposed time frame.  In some instances, applicants have been successful in securing a permanent or extended temporary use on the basis that if once considered appropriate, than there is an increased argument to consider them appropriate over the long term.

 

In this instance, the proposed use over the long term is clearly not appropriate in the Markham Centre context, and Town staff has made it clear to the property owner and the applicant from the outset.  However, the opportunity of realizing an environmental clean up of these sites, facilitating the Rodick Road extension, and the screening and landscaping which can be incorporated on site in the short term, would justify recommending approval of a temporary use.  In addition, the applicant has indicated that they intend to use the site for a maximum of three to six years and have demonstrated through a draft lease agreement, their commitment to this time frame. Prior to final site plan approval, an executed lease agreement will be required, demonstrating a maximum three (3) to six (6) year term, subject to zoning approvals.  The temporary use zoning is recommended for approval with the condition of a Holding (H) provision, only to be removed upon execution of the Site Plan Agreement.  The direct references to the lease agreement, and corresponding references in the site plan agreement, are intended to make clear to all parties the temporary and time limited nature of any support by the Town for this use. 

 

Town staff is clearly supporting this proposal only on the basis of the property owner and the applicant abiding by their commitments to the Town in regard to a limited temporary use pursuant to the application and related submissions/commitments and as reflected in the specific conditions of approval.  These arrangements are intended to be binding on any subsequent parties, and all corresponding agreements should be registered on title.                

 

At the time of development approval, Strada Aggregate officials and their agents assured Town Council and senior staff that the company would not seek to extend the proposed recycling temporary use at 350 Yorktech Drive beyond the 6 year limit agreed to.

 

On April 25, 2003, the Owner entered into a site plan agrement with the Town.  The agreement includes a commitment to the maximum 6 year time limit, as follows:

 

(zz)       That the Owner and the Applicant covenant and agree not to initiate any applications, transactions or legal action that would seek to permit the recycling facility as a temporary use beyond the proposed maximum six (6) year period, nor to seek permission for the use as a permanent use.               

 

The April 5, 2005 staff report regarding the extension to the to the temporary use by-law reinforced that the use is to be temporary, as follows: 

 

The applicant originally indicated that the site would be used for recycling purposes for a maximum of three to six years, and has demonstrated through a lease agreement a commitment to this time frame.  Prior to final Site Plan approval, an executed lease agreement was required, demonstrating a maximum three (3) to six (6) year term, subject to zoning approvals, and appropriate clauses being incorporated into the executed site plan agreement.  A copy of the executed lease agreement was received March 1, 2005.  Direct references to the lease agreement, and corresponding revisions in the site plan agreement were included to make clear to all parties the temporary and time limited nature of any support by the Town for this use.

 

The use was deemed by the Town to be inappropriate in the long term.  The Town has made it clear to the property owner and the applicant from the outset that the facility was not a desirable use over the long term given the location of the site in proximity to Markham Centre and the Highway #7 corridor.  While the environmental clean up of the adjacent sites, the Rodick Road extension and the screening and landscaping all served to justify recommending approval on a temporary use, all parties have committed to a temporary and time limited arrangement. 

 

Applicant is now requesting permission for use to be made permanent

The applicant has applied for zoning by-law amendment requesting the use to now be permitted on a permanent basis. 

 

Engineering Department

The Engineering Department advises that an aggregate recycling facility generates significant amount of dust and sediment.  As part of the previous approval of the temporary use of this site, on-site sediment control facilities were required.  If these facilities are not properly maintained, there is the potential of sediment being carried downstream through the municipal storm sewer system.  The stormwater from this site drains into the Rouge River and the Beaver Creek.  The proposal for permanent use of this site would require further environmental review and  a rigorous monitoring system to ensure no dust and sediment leave the site.

 

The site currently has only one access to Rodick Road, which is on a curve with sight line restrictions.  At the Council meeting on September 17, 2002, Council amended Traffic By-law 106-71, as amended, to implement a heavy traffic prohibition on Rodick Road between Highway 7 and Yorktech Drive.  Truck traffic from this site has to turn left when exiting the site.  With the completion of the Rodick Road bridge over the 407ETR, the traffic volume on Rodick Road has increased.  The proposal for permanent use of this site would require further traffic operations review.

 

Official Plan Amendment would be required to permit use on permanent basis

Temporary use by-laws are not required to conform with the Official Plan.  However, by-laws to permit uses on a permanent basis are required to conform.  Therefore, an Official Plan Amendment would be required to permit the facility on a permanent basis.

 

Staff do not support use on a permanent basis

As outlined above, staff do not consider an aggregate recycling facility to be an appropriate use at this location over the long term.  This type of use should locate in areas permitting outdoor storage as a primary use, removed from residential, prestige employment and major commercial uses.   

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

 

Not Applicable.

 

HUMAN RESOURCES CONSIDERATIONS:

 

Not Applicable

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

 

Not applicable.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

 

The application was circulated to various departments for comment.  

 

The Engineering Department’s concerns are outlined above.

 

The Town’s Manager of By-law Enforcement advises that they have not received any public complaints regarding this facility. They conducted a comprehensive site plan control agreement and by-law compliance review, including stockpile heights and operating times.  There were some issues that were addressed, otherwise the facility was found to be in compliance with regulations.  

 

 

RECOMMENDED BY:

 

 

 

 

 

________________________                        ________________________

Valerie Shuttleworth, M.C.I.P, R.P.P                Jim Baird, M.C.I.P, R.P.P

Director, Planning & Urban Design                   Commissioner, Development Services

 

 

ATTACHMENTS:

 

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo

Figure 4 – Site Plan

 

 

APPLICANT/AGENT:      Tony Cupani

                                          Operations Manager

                                          Strada Aggregates Inc.

                                          Concord, Ontario

                                          L4K 4R1

                                          Tel:  905-660-6000

                                          Fax:  905-660-5242

                                          Email:    tcupani@constrada.com   

 

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