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HomeMy WebLinkAboutPD-135-97DN:MIN- AGG.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON P R A STING Meeting: General Purpose and Administration Committee File # Date: Monday, October 6, 1997 Res. Report #: PD- 135 -97 File #: COPA 97 -12 By -law #. Subject: PROPOSED AMENDMENT TO CLARINGTON OFFICIAL PLAN MINERAL AGGREGATE RESOURCES FILE: COPA 97 -012 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 135 -97 be received; 2. THAT the proposed amendment to the Clarington Official Plan regarding mineral aggregate resources be referred back to Staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Application: To amend the Clarington Official Plan to incorporate new policies relating to mineral aggregate resources. A copy of the proposed amendment forms Attachment No. 1 to this Report. 2. BACKGROUND 2.1 The Clarington Official Plan which was adopted by Council on January 29, 1996, was prepared in the context of the Comprehensive Set of Policy Statements issued under the authority of the Planning Act as amended by Bill 163 (1994). 0 I REPORT NO.: PD- 135 -97 PAGE 2 Subsequently, these Policy Statements were rescinded and a revised Provincial Policy Statement was issued in May 1996 under the authority of the Planning Act as amended by Bill 20 (1996). Under Bill 20 the Official Plan is required "to have regard for" the revised provincial policies. These new policies are less prescriptive and detailed, and are intended to promote a policy -led system which recognizes that there are complex inter - relationships among environmental, economic and social factors in land use planning. 2.2 Staff are reviewing the policies in the Official Plan relating to mineral aggregate resources in response to Referral No. 5 made by the Aggregate Producers' Association of Ontario (APAO). This review has indicated that, in the context of the new Provincial Policy Statement certain amendments are appropriate. 2.3 Staff Report PD- 120 -97, considered by Committee at their September 8, 1997 meeting, forwarded a proposed amendment regarding mineral aggregate resources and requested authorization to hold a public meeting to consider the proposed amendment. The recommendations in the Report were approved by both Committee and Council. 3. PUBLIC NOTICE AND SUBMISSIONS 3.1 Notice advising of the public meeting to deal with the proposed amendment was provided in accordance with the alternate notice requirements outlined by Section 23.2 of the Official Plan. Notice was published in local newspapers as follows: • Clarington This Week - Tuesday, September 16, 1997 • The Canadian Statesman - Wednesday, September 17, 1997. Supplemental notice was also provided in the Clarington Independent on Saturday, September 20, 1997, and faxed to representatives of the APAO and SAGA. tJiU REPORT NO.: PD- 135 -97 PAGE 3 3.2 Cathy Guselle, on behalf of S.A.G.A., addressed Committee at its September 8, 1997 meeting. She spoke in support of the recommendations in Report PD -120- 97 and commended the Municipality in its proactive approach. No other public comments regarding the proposed amendment have been received as of the writing of this report. 4. AGENCY COMMENTS 4.1 The proposed amendment was circulated to various agencies for comment. No agency comments have been received as of the writing of this Report. 5. STAFF COMMENTS 5.1 The proposed amendment would make the following changes to the Official Plan: • Add two new objectives to Section 4 (Natural Environment and Resource Management) addressing resource management and aggregate extraction; • Create a new section "4.10 Mineral aggregates" in Section 4. Section 4.10 would include new policies related to Map D, and the Municipality's intention to undertake a strategic extraction framework and to participate in the development of area -wide rehabilitation plans; • Delete the policies dealing with Map D (Aggregate Resource Areas) from Section 15 (Aggregate Resources); • Amend Section 4.4.3 so that the use of land on the Oak Ridges Moraine would also be subject to the policies of Section 13 (Agricultural Areas). This would reflect the modification previously made by the Region in approving Map Al (Darlington and Clarke) to indicate those portions of the Prime Agricultural Areas which are also subject to the policies regarding the Moraine as set out in section 14.6 of the Plan; • Amend Map D to change the reference from "Aggregate Resource Areas" to "Potential Aggregate Resources Areas ". 5.2 The purpose of this report is to advise Committee of the status of the proposed amendment for the Public Meeting. It is therefore appropriate to refer the proposed amendment back to Staff for further processing. oIi REPORT NO.: PD- 135 -97 PAGE 4 Respectfully submitted, p r h x Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development JAS *DC *FW *df Attach 26 September 1997 Reviewed by, W.H. Stockwell Chief Administrative Officer Attachment #1: Proposed Amendment to the Clarington Official Plan Interested parties to be notified of Council and Committee's decision: S.A.G.A. (Save the Ganaraska Again) c/o Ms. Katherine Guselle R.R. # 1 Newtonville, Ontario LOA 1 JO Moreen Miller Environmental /Resources Manager Aggregate Producers' Association 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 of Ms. Debbie Crandall S.T.O.R.M. Box 2209, Station B Richmond Hill, Ontario L4E 1A4 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 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." v 6 �� 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. f�lj