MINUTES

DEVELOPMENT SERVICES PUBLIC MEETING

November 18, 2008 - 7:00 p.m.

Council Chamber

Meeting No. 12

All Members of Council

Development Services

Chair: Councillor J. Webster

Vice-Chair: Councillor D. Horchik

Attendance

Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor J. Jones Regional Councillor T. Wong Regional Councillor G. Landon Councillor V. Burke Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor L. Kanapathi Councillor A. Chiu Regrets Councillor E. Shapero

J. Baird, Commissioner of Development Services A. Taylor, Commissioner of Corporate Services S. Heaslip, Senior Planner J. Bosomworth, Manager Strategy and Innovation J. Wright, Director Building Standards S. Muradali, Planner R. Kendall, Manager Development Central V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk

The Development Services Public Meeting convened at 7:35 PM in the Council Chamber with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. AMENDMENT TO DEVELOPMENT FEE,
BUILDING FEE, AND TOWN WIDE FEE BY-LAW
DEVELOPMENT SERVICES COMMISSION (7.11)

Report 1 2 3

Mr. Jim Baird, Commissioner of Development Services advised the subject of the Public Meeting this date was to consider a proposal to amend or replace three fee by-laws. Building By-law 2007-16 being a by-law respecting construction, demolition and change of use permits and inspections for building applications. Development By-law 211-83 being a by-law for the tariff of fees for processing development applications and Town Wide Fee By-law 2002-276 being a by-law to impose fees or charges for services or activities provided or done by the Town of Markham.

The Committee Clerk advised that the public meeting notice was published in the local newspapers on October 23, 2008. No written submissions were received regarding this proposal.

Staff gave a presentation regarding the direct and indirect costs of delivering services, and the rationale for the proposed fee changes.

There were no comments from the audience with respect to this matter.

Moved by Councillor A. Chiu

Seconded by Deputy Mayor J. Heath

That the Record of the Public Meeting held on November 18, 2008, with respect to the proposed amendments to the Development, Building and Town Wide Fee By-laws be received; and,

That the By-laws be referred back to staff for a report and recommendation.

CARRIED

2. 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 (10.5)

Report Schedules

Mr. J. Baird advised the subject of the Public Meeting this date was to consider an application submitted by Gemcross Developments (Strada Aggregates Inc.) to amend the Town's Zoning By-laws to permit the continued use of an aggregate recycling facility on the subject property for an additional three years (ZA 08-119862).

The Committee Clerk advised that 1568 notices were mailed on October 29, 2008, and a Public Meeting sign was posted on October 24, 2008. Notice was also published in the local newspapers on October 30, 3008. 42 written submissions were received regarding this proposal.

Staff gave a presentation regarding the proposal, the location, surrounding uses and outstanding issues and concerns.

Mr. Horatio Fung, 75 Castleglen Blvd., representing the owners of units in First Markham Centre, addressed the Committee regarding the zoning application for 350 Yorktech Drive and spoke in opposition. He is concerned that there may be harmful and toxic chemicals from concrete and asphalt that is recycled at the facility.

Mr. Peter Cheatley, Macaulay Shiomi Howson Ltd., representing the owners addressed the Committee regarding the zoning application for 350 Yorktech Drive requesting the application be approved as a temporary use for an additional period of three years. He suggested the area has not developed to the extent his client had anticipated as a result there is not a significant increase in the land value. Mr. Cheatley stated that the proposal meets the Ministry of Environment standards, his client is prepared to abide to all the previous conditions outlined in the site plan agreement, continue to provide a high level of maintenance at the facility and continue to monitor the dust and truck traffic related to the facility. He advised that he is prepared to meet with the adjacent residents to address any of their concerns.

The Committee discussed the compatibility of this facility in relation to existing and future residential, commercial and industrial buildings neighboring it. The Committee advised that they have received complaints from their constituents with respect to the dust and the stone slinger trucks on Rodick Road. The Committee stated concern that if the temporary use zoning By-law is granted again and this application does end up at an Ontario Municipal Board hearing it would strengthen the applicant’s position related to establishing the use permanently.

Mayor F. Scarpitti stated that he was not supportive of an application for permanent use for the aggregate facility but indicated support for a three year temporary use extension. He indicated he feels the facility is well and that every effort to mitigate any negative impacts associated with the facility has been implemented. Mayor F. Scarpitti stated that he has not received phone complaints from his constituents relating to the operation of this aggregate facility.

The Committee suggested prior to making a final decision on this matter there are several issues and concerns that need to be addressed. The Committee requested that staff prepare a report containing the following:

• Status of contamination on subject property
• Amount of trucks traffic eliminated as a result of having the facility in Markham
• Assurance that the property will eventually be cleaned of contaminated soils (economics to remedy the site)
• Percentage of materials produced from the facility both concrete and asphalt that is used for construction within Markham
• Truck circulation patterns
• Procedural guarantee that an application for permanent use will not be filed in future
• Status of the on-site sediment control facility

Moved by Councillor D. Horchik

Seconded by Councillor C. Moretti

That the 42 written submissions be received.

CARRIED

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Virgilio

That the Development Services Commission staff report dated October 7, 2008, entitled “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 - File Number: ZA 08 119862” be received; and,

That the letter dated October 15, 2008 from Linda Townsend, solicitor for Constrada, revising the application to request a temporary use by-law to permit the existing aggregate recycling facility for an additional three years, be received; and,

That the Record of the Public Meeting held on November 18, 2008, with respect to the proposed amendment to By-law 165-80 to permit the existing aggregate recycling facility for an additional three years, be received; and further,

That the application by Gemcross Developments to amend By-law 165-80, as amended, be referred back to staff for a report and recommendation.

CARRIED

Moved by Councillor D. Horchik

Seconded by Mayor F. Scarpitti

That staff report back to the Development Services Committee by February 2009 with an interim status update related to the aggregate facility at 350 Yorktech Drive.

CARRIED

3. KEN-DEN EAST INC.
ZONING BY-LAW AMENDMENT APPLICATION
TO FACILITATE AN ADJUSTMENT TO THE PROPERTY
BOUNDARY FOR TWO EXISTING APARTMENT BUILDINGS
AT 7363 AND 7373 KENNEDY ROAD (CASA DEL SOL)
SE CORNER OF KENNEDY ROAD AND DENISON STREET
MILLKEN MAIN STREET AREA
(ZA 08 124170) (10.5)

Report Attachment

Mr. J. Baird advised the subject of the Public Meeting this date was to consider an application submitted by Ken-Den East Inc. for Zoning By-law amendment to facilitate an adjustment to the property boundary for two existing apartment buildings at 7363 & 7373 Kennedy Road (Casa del Sol) (ZA 08-124170).

The Committee Clerk advised that 75 notices were mailed on October 29, 2008, and a Public Meeting sign was posted on October 29, 2008. No written submissions were received regarding this proposal.

Staff delivered a brief a presentation regarding the proposal and location. Staff advised that the proposed redevelopment area will not exceed the density permissions.

There were no comments from the audience with respect to this application.

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

That the record of the Public Meeting held on November 18, 2008, with respect to “Ken-Den East Inc, Zoning By-law Amendment Application to facilitate an adjustment to the property boundary for two existing apartment buildings at 7363 & 7373 Kennedy Road (Casa del Sol) (File No. ZA 08 124170),” be received; and,

That the Zoning By-law Amendment Application (File No. ZA 08 124170) to amend Zoning By-law 177-96, as amended, submitted by Ken-Den East Inc. to facilitate an adjustment to the property boundary for two existing apartment buildings at 7363 & 7373 Kennedy Road (Casa del Sol), be approved and the draft Zoning By-law Amendment be enacted without further notice.

CARRIED

ADJOURNMENT

The Development Services Public Meeting adjourned at 9:20 PM