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
|
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