Report to: Development Services Committee Report
Date:
SUBJECT: PRELIMINARY
REPORT
Gemcross
Developments
(ConStrada
Aggregate Recycling Facility)
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
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.
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 Fairburn Drive 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
Surrounding uses include
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
Aggregate recycling facility permitted in 2002 as
a temporary use, subject to written committments that use was not to extend
beyond 6 years
The
The site is located adjacent to major commercial uses along Highway #7,
the
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 (
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
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
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
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
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
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
The site
currently has only one access to
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
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.
L4K 4R1
Tel: 905-660-6000
Fax: 905-660-5242
Email:
Q:\Development\Planning\APPL\Zoning\ZONING\08
119862 Con Strada\preliminary report