August 27, 1998
To:Scarborough Community Council
From:Ted Tyndorf, MCIP, RPP.
Director Community Planning, East District
Subject:Site Plan Control Application S96112
Joseph Furfari Investments Ltd.
1159 Tapscott Road, south of Passmore Avenue
Part of Lot 16, Concession 4
Tapscott Employment District
Scarborough Malvern
Purpose:
The final approval of the site plan for the Furfari property has been referred to the
Scarborough Community Council at the request of Councillor Balkissoon. The Councillor's
concern is that the asphalt and concrete crushing component of the operation does not
conform to the provisions of the Zoning By-law.
Financial Implications:
There are no funding implications at this time.
Recommendations:
It is recommended that Scarborough Community Council support the approval of the final
site plan control application as shown on Figures 3 and 4.
Background:
Scarborough Community Council placed the subject site and the surrounding area under
Interim Control on October 1, 1996, when it became apparent that an application for site
plan approval for a hot mix asphalt plant was pending. This was at the time a permitted use.
Planning staff worked intensively with the applicant to determine whether this use could be
made compatible with existing employment uses and potential residential development to
the east. As a result of these negotiations, the applicant committed to install a smaller,
completely new, plant rather than relocate an older plant from another site; to abide by a
code of operation jointly determined by the industry and the Ministry of Environment; and
to provide a high standard of landscaping, including berming along the Tapscott Road
frontage.
Staff reported to Scarborough Council on extensive changes to the Official Plan and Zoning
By-law for the Interim Control by-law study area. On June 10, 1997, Council approved
these changes, which included an exception to the zoning for the Furfari property permitting
a "hot mix asphalt plant, excluding a batch plant."
The Council also supported the conceptual site plan as shown on Figure 2.
One objection to the rezoning was received. The objection was dismissed by the Ontario
Municipal Board on January 8, 1998.
The hot mix asphalt plant subsequently received Ministry of Environment Certificate of
Approval. The equipment for the plant was erected (this did not require a building permit)
and has been in operation since May 8, 1998.
Planning staff have been attempting to finalize site layout, building location and landscaping
issues for the site plan approval. On April 27, 1998, the two ward councillors were sent a
"10 day letter" advising that staff would soon be in a position to recommend final site plan
approval to the Commissioner. On May 13, 1998, Councillor Balkissoon's office advised
that he had some complaints regarding the application and wished to discuss these with staff
before the approval was made. At a meeting with staff on August 5, 1998, the Councillor
asked for the matter to be reported to Scarborough Community Council, citing the issue of
conformity of the crushing of asphalt and concrete with the Zoning By-law.
Comments:
Site Plan Zoning Conformity:
In my view it is inappropriate to delay, or potentially refuse, this site plan approval as the
proposed use is in conformity with the Zoning By-law. Land use is controlled through
Zoning By-laws and cannot form part of site plan conditions.
When Scarborough Council dealt with the report on approvals on June 10, 1997, the staff
reports dealt specifically with the issue of bringing concrete rubble and broken asphalt
pavement to the site to be crushed and utilized as aggregate in the manufacture of hot mix
asphalt. This was shown on the conceptual site plan.
It was then, and continues to be, the opinion of Planning and Buildings staff and of the City
Solicitor that this activity constitutes part of the hot mix asphalt plant use. It is similar to the
practice of many industries which utilize waste materials or by-products of other industrial
operations, such as metal stamping, used tires, wood chips or used computer boards, as
inputs to their own manufacturing processes. In the opinion of staff, such operations do not
constitute recycling as defined in the Employment Districts Zoning By-law, and therefore
are not subject to the general provisions in the by-law affecting the sorting and storage of
recyclable materials.
In contrast the operation at the nearby James Dick site on Passmore Avenue is a recycling
operation because the end product is sold to third parties and is not utilized by the company
in its production. Recycling is a permitted use but the by-law limits the area of the site
which can be utilized and requires that the recycling be done in an enclosed building and the
recycled material stored in bales or containers.
Staff have taken action with respect to the James Dick operation. The company has agreed
to discontinue recycling by the end of 1998 and to enter into a financially secured agreement
to this effect, as a condition of a variance.
Current Operations:
A substantial amount of asphalt and concrete rubble had been accumulated on the Furfari
site in 1997 and early 1998. A mobile crusher was on the property for approximately two
weeks commencing March 9, 1998. It was located in the area identified "Broken Asphalt
Area" in Figure 3. In total only one complaint has been received against the Furfari
operation since its startup.
Conclusions:
The current provisions of the Zoning By-law for this site were approved by Scarborough
Council with the knowledge that the crushing of asphalt and concrete rubble for aggregate
was part of the proposed operation. It does not constitute a recycling operation in the context
of the Scarborough Employment Districts Zoning By-law.
The manner of interpreting the Zoning By-law with respect to these uses is not unique to
Scarborough. A similar approach is utilized by staff elsewhere in Toronto, for example
Etobicoke and North York.
The proposed site plan is therefore in conformity Zoning By-law.
Contact Name:
David Beasley, MCIP, RPP.
Principal Planner
Scarborough Civic Centre
Telephone: (416) 396-7026
Fax: (416) 396-4265
E-mail: beasley@city.scarborough.on.ca
Ted Tyndorf, MCIP, RPP.
Director Community Planning, East District
DWB/TT/nk
