Loading...
HomeMy WebLinkAboutPD-120-97DN:M1N_AGG.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Ua' l '1/7 oI Date: Monday, September 8, 1997 Ides. °� Report #: Subject: PD- 120 -97 File #: COPA 97 -12; PLN 32.12.5 By -law # PROPOSED AMENDMENT TO CLARINGTON OFFICIAL PLAN REGARDING MINERAL AGGREGATE RESOURCES FILES: COPA 97 -12; PLN 32.12.5 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 120 -97 be received; 2. THAT Staff be authorized to hold a public meeting to consider the proposed amendment to the Clarington Official Plan regarding mineral aggregate resources, as indicated by Attachment No. 1 to this Report; and 3. THAT the Clerk be authorized on behalf of the Municipality to appeal to the Ontario Municipal Board, pursuant to Section 17 (33) of the Planning Act (Bill 163), from the failure of the Region of Durham to deal with Deferral 26 to the Clarington Official Plan, being the delineation of the Upper Ganaraska River Watershed on Map D; and 4. THAT a copy of Report PD- 120 -97 and Council's decision thereto be forwarded to the Region of Durham Planning Department and the interested parties indicated in this report. 1. PROPOSED AMENDMENT 1.1 Background 1.1.1 Provincial Policy Statements are prepared under Section 3 of the Planning Act and are intended to provide policy direction on matters of provincial interest related to land use planning and development. 1.1.2 The present provincial government issued a Provincial Policy Statement on May 22, 1996 under the provisions of the Planning Act as amended by Bill 20. This REPORT NO.: PD- 120 -97 Policy Statement replaced the Comprehensive Set of Policy Statements issued by the previous government on March 28, 1995 under the provisions of the Planning Act as amended by Bill 163. The most recent Policy Statement is retroactive to March 28, 1995 and applies to all applications on which no decision has been made. 1.1.3 The Clarington Official Plan was prepared in the context of the Comprehensive Set of Policy Statements. However, because the Plan was not adopted by Council until January 29, 1996, it is required to "have regard for" the new Provincial Policy Statement. This fact has prompted Staff to review the policies of the Official Plan in preparation for the upcoming Ontario Municipal Board hearing. Much of this review has focused on the Plan's policies relating to mineral aggregate resources in response to Referral No. 5 made by the Aggregate Producers Association of Ontario. 1.2 Overview of Proposed Amendment 1.2.1 The proposed amendment to the Clarington Official Plan, attached to this report as Attachment No. 1, would incorporate policies related to the management of mineral aggregate resources into Section 4 (Natural Environment and Resource Management). Staff feel that incorporating strategic poucies reimea to the management of mineral aggregate resources is necessary to meet the intent of the new Provincial Policy Statement and to clarify the role of the Municipality in the management of these resources. 1.2.2 The amendment addresses: • the balance between environmental and aggregate extraction considerations; • the conditions for development on lands identified by the Province as potential aggregate resource areas; • the intent of the Municipality to investigate various means of 6 8) REPORT • PD-120-97 PAGE 3 ensuring that aggregate extraction occurs in a more orderly and efficient manner which minimizes social, environmental and financial impacts; • the development of area -wide rehabilitation plans, particularly for pits located in the Oak Ridges Moraine. 1.2.3 The amendment also proposes to amend Section 4.4.3 of the Plan so that the use of land on the Oak Ridges Moraine would also be subject to the policies of Section 13 (Agricultural Areas), in addition to Sections 12, 14 and 15. This reflects the modification previously made by the Region in approving Map Al (Darlington and Clarke) to indicate those portions of the Prime Agricultural Area which are also subject to the policies regarding the Oak Ridges Moraine as set out in Section 14.6 of the Official Plan. 2. APPEAL TO ONTARIO MUNICIPAL BOARD 2.1 On June 16, 1997, Committee considered Staff Report PD -83 -97 which recommended that the Clerk be authorized to appeal to the Ontario Municipal Board from the failure of the Region of Durham to deal with Sections 15.3.4 and 15.3.7 of the Clarington Official Plan. Section 15.3.4 prohibits aggregate extraction in the Ganaraska headwaters, while Section 15.3.7 sets out the study requirements for aggregate extraction applications. The Municipality will request that the Ontario Municipal Board consolidate the consideration of these sections with the hearing related to Referral No. 5 in order to avoid the cost of two or more hearings. 2.2 The Region also deferred consideration of the line on Map D of the Official Plan which delineates the boundary of the Upper Ganaraska Watershed within which aggregate extraction would be prohibited pursuant to Section 15.3.4 (Deferral 26). Staff inadvertently failed to recommend in Report PD -83 -97 that the Municipality also appeal the Region's failure to deal with this matter. The delineation of the 90 REPORT NO.: PD- 120 -97 PAGE 4 Ganaraska watershed on Map D gives effect to Section 15.3.4 and therefore should also be joined to the OMB hearing on Referral No. 5. 3. CONCLUSION 3.1 Staff have reviewed this report with the Municipality's solicitor who concurs with its contents. 3.2 Staff intend to hold the Public Meeting for the amendment at the earliest possible opportunity to allow Council to deal with this matter so as to facilitate consolidation of all matters before the Ontario Municipal Board. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development JAS *DC *FW *df 29 August 1997 Attachment #1 - Proposed Amendment Reviewed by, W.H. Stockwell Chief Administrative Officer REPORT NO.: PD-120-97 Interested parties to be notified of Council and Committee's decision: Moreen Miller Environmental /Resources Manager Aggregate Producers' Association of Ontario 365 Brunel Road, Unit 2 Mississauga, Ontario L4Z 1 Z5 D. Wayne Fairbrother Templeman, Menninga, Kort, Sullivan & Fairbrother Barristers and Solicitors Suite 200, 205 Dundas Street East Belleville, Ontario K8N 5A2 James Parkin MacNaughton Hermsen Britton Planning Limited 171 Victoria Street North Kitchener, Ontario N2H 5C2 S.A.G.A. (Save the Ganaraska Again) c/o Ms. Katherine Guselle R.R. #1 Newtonville, Ontario LOA 1 JO Attachment No.1 AMENDMENT NO. * TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to incorporate additional policies regarding mineral aggregate resources into the Clarington Official Plan. BASIS: This amendment is based on the approved policies of the 1991 Durham Regional Official Plan and the Provincial Policy Statement. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. In Section 4, by adding the following new sections: "4.2.5 To protect and manage the Municipality's natural resources, including soil, water, forests, and mineral aggregates, in a responsible manner. 4.2.6 To provide for aggregate extraction in the long term while protecting and, where possible, enhancing the integrity of the natural heritage system, the quality and quantity of ground water and surface water, and the function of sensitive ground water recharge /discharge areas, aquifers and headwaters." 2. In Section 4.4.3, by adding "13," between "12" and "14 ". 3. In Section 4, by adding the following new section and subsections: "4.10 Mineral Aggregate Resources 4.10.1 Lands identified by the Province as Potential Aggregate Resource Areas are shown on Map D. These areas are identified in this Plan for the purposes of indicating geological information only. Conditions which would preclude or constrain the extraction of aggregate resources are not shown on Map D. The information presented on Map D is not a land use 0 designation and does not entitle a landowner to use lands identified as a Potential Aggregate Resource Area for extraction purposes, nor does it express the Municipality's intention to adopt an amendment to this Plan to permit aggregate extraction. Any changes to Map D to reflect updated geological information shall not require an amendment to this Plan. 4.10.2 Lands identified as Potential Aggregate Resource Areas shall generally be used for land uses which would not preclude or unduly hinder mineral aggregate operations. However, Council may permit the creation of a new lot, a change in land use or the construction of buildings or structures requiring approval under the Planning Act, provided: • aggregate extraction is not feasible; or • the proposed land use or development would serve a greater long term public interest than aggregate extraction; and • Council is satisfied that issues of public health, public safety and environmental impact are addressed. 4.10.3 Council will investigate various means of ensuring that the extraction of mineral aggregates occurs in an orderly and efficient manner that minimizes social, environmental and financial impacts. 4.10.4 Council, in consultation with the Region of Durham, the Province, the aggregate industry and the public, shall consider area -wide rehabilitation plans that ensure the rehabilitation of pits and quarries is sensitive to surrounding land uses and landscapes, and reflects the underlying land use designation on Map A. Among other things, plans for the rehabilitation of pits and quarries on the Oak Ridges Moraine shall provide for the Oak Ridges Moraine Trail, and the creation of appropriate landforms and continuous forest cover where possible." (�94 Page 2.. 4. In Section 15, by deleting Section 15.3.1 and renumbering the following sections accordingly. 5. By amending Map D as indicated by Schedule "A" to this amendment. Schedule "A" attached hereto shall form part of this amendment. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. 0 9:)