November 19, 1998

To:Scarborough Community Council

From:H.W.O. Doyle

Subject:Joseph Furfari Investments Limited

11159 Tapscott Road

Site Plan Control Application S96112

Ward 18 - Scarborough Malvern

Purpose:

To seek direction with respect to the proposed financially-secured agreement as the Owner is not prepared to sign the proposed agreement as previously reviewed by the Scarborough Community Council.

Recommendations:

It is recommended that direction be provided to the City Solicitor with respect to the final form of the agreement:

(a)that the noise study continue to be a requirement recognizing that the Owner will not sign such an agreement and the implications thereof;

or

(b)that the agreement be finalized without the requirement for a further noise study.

Council Reference/Background/History:

Scarborough Community Council, at its meeting held on October 14, 1998, considered the report of the Director of Community Planning, East District, with respect to the Site Plan Control Application for a small office in conjunction with an existing asphalt plant located on the above-noted property. One of the conditions of site plan approval required the Owner to enter into a financially-secured agreement to ensure the operation of the asphalt plant in an environmentally acceptable manner.

Comments and/or Discussion and/or Justification:

Scarborough Community Council, at its October 14, 1998 meeting had before it a draft agreement between the City and the Owner.

The framework of the agreement provides for the following:

(a)the asphalt plant is to be operated in an environmentally responsible manner and to comply with all applicable legislation and policies;

(b)implementation of a noise and dust control plan which consists of various procedures and measures to control dust emissions and limit the production of noise including a procedure to deal with complaints. The noise and dust control plan is to be secured by a letter of credit which will be released after 2 years if continued compliance with the plan is demonstrated to the satisfaction of the City; and

(c)a noise study is to be prepared within 6 months of any approval by the Ontario Municipal Board of residential uses on the Morningside Heights lands in proximity to the plant. In the event that noise levels exceed MOE guidelines, the Owner would be required to install any necessary noise abatement measures. This obligation would be secured by a letter of credit to guarantee preparation of the study and installation of the noise abatement measures. The letter of credit would be released on completion of the installation of the noise measures, or on receipt of the noise study indicating compliance with MOE guidelines.

Although the Owner is prepared to sign an agreement with respect to the first two listed matters, he is not prepared to sign an agreement which includes a requirement to obtain a noise study as a noise study has been recently prepared which indicates that MOE noise levels are not exceeded. The Ward Councillors have indicated that they are not prepared to support the agreement without the requirement of a further noise study.

If the agreement is not signed, the Owner will not obtain Site Plan Control approval to construct a small office building. The plant will continue in operation without any site plan requirements for landscaping and berming to screen the asphalt plant, the conveyance of a 3.5 metre widening on Tapscott Road and a 6.0 m maintenance easement for environmental protection.

Conclusions:

If the agreement is not signed, the asphalt plant will continue in operation although without an on-site office and without the landscaping and berming and conveyances to the City required pursuant to Site Plan Control Approval.

In the alternative, if so directed, the requirement for a noise study within 6 months of the approval by the Ontario Municipal Board of residential uses on the Morningside Heights lands would be deleted. The agreement would be signed and the Site Plan approved requiring the planting of landscaping and the installation of berming and the conveyances to the City.

Contact Name:

Anna Kinastowski, Director

Planning and Administrative Tribunal Law

Tel: 392-0080

Fax: 392-0005

H.W.O. Doyle

City Solicitor

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