HomeMy WebLinkAboutPD-156-97DN: PD- 156.97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting:
Date:
Report #:
■
General Purpose and Administration Committee
Monday, October 20, 1997
PD- 156 -97
File #: COPA 97 -012
File # \Cq . C1 M 1 9 %l < <)
Res. # C ' � ') -
By -law #
Subject: PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN
REGARDING MINERAL AGGREGATE RESOURCES
APPLICANT: MUNICIPALITY OF CLARINGTON
FILE: COPA 97 -12
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 156 -97 be received;
2. THAT Amendment No. 3 to the Clarington Official Plan be APPROVED as
indicated in Attachment No. 1 to this Report; that the necessary by -law be
passed; and further that the Amendment be forwarded to the Region of Durham
for approval;
3. THAT the revisions to Official Plan Amendment No. 3 are minor and that a new
Public Meeting to consider the revised Amendment is not necessary; and
4. THAT any delegation and the interested parties listed at the end of this report be
forwarded a copy of this report and a copy of Committee and Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Municipality of Clarington
1.2 Proposed Amendment: To incorporate new policies into the Clarington
Official Plan relating to mineral aggregate
resources.
A copy of Amendment No. 3 forms Attachment
No. 1 to this Report.
2. BACKGROUND
2.1 Staff Report PD- 120 -97, considered by Committee on September 8, 1997,
6 9 `�)
REPORT • PD-156-97 PAGE 2
forwarded a proposed amendment to the Clarington Official Plan regarding
mineral aggregate resources, and requested authorization to hold a public
meeting in respect of the proposed amendment. The report noted that the
amendment is required to ensure that the Plan's policies relating to mineral
aggregate resources reflect the new Provincial Policy Statements approved
under Bill 20, and also to clarify the role of the Municipality in the
management of these resources. The recommendations in the Report
were approved by both Committee and Council.
2.2 The Public Meeting with respect to the proposed amendment was held at
the Committee meeting of October 6, 1997. Notice of the public meeting
was advertised in local newspapers, and mailed to interested parties.
2.3 The proposed amendment addresses the following:
• The balance between environmental and aggregate extraction
considerations. This is achieved by moving the policies related to
Map D from Chapter 15 (Aggregate Resources) to Chapter 4
(Natural Environment and Resource Management), and by
incorporating a new section outlining strategic policies for mineral
aggregates into Chapter 4;
• The purpose of lands identified on Map D. The Amendment would
change the title of Map D from 'Aggregate Resource Areas' to
'Potential Aggregate Resource Areas' to more accurately reflect the
nature of the geological information shown. Notes are also added
to Map D to indicate that the geological information is provided by
the Ministry of Natural Resources and will be updated in
consultation with the Ministry as new information becomes available.
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• The conditions for the development of lands identified on Map D as
'Potential Aggregate Resource Areas'.
• The intent of the Municipality to investigate various means of
ensuring aggregate extraction occurs in a more orderly and efficient
manner which minimizes social, environmental and financial
impacts;
• The Municipality's intention to participate in the development of
area -wide rehabilitation plans to ensure that the rehabilitation of pits
and quarries is sensitive to surrounding land uses and landscapes,
and reflects the underlying land use designation;
• 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
Moraine as set out in Section 14.6 of the Plan. This is achieved by
incorporating a reference to Chapter 13 (Agricultural Areas) into
Section 4.4.3;
• Revising the definition of 'Development' in Section 24.13 to include
a specific reference to aggregate extraction. This revision, which
was not included in the amendment as originally proposed by Staff,
is discussed in Section 5 of this Report.
699U%s2
3. PUBLIC SUBMISSIONS
3.1 Katherine Guselle, on behalf of S.A.G.A., indicated support for the intent
and direction of the proposed amendment. The following specific
comments were provided:
• Section 4.2.6 - The words "to protect" should be used rather than "to
provide" so as not to place an onus on the Municipality to ensure
the availability of the resource in the future;
• Section 10.4.1. - Indicate whether the lands identified as 'Potential
Aggregate Resource Areas' contain Primary and Secondary
Resources;
• Section 10.4.2 - The inclusion of the word "unduly" is not
appropriate as it allows for subjective interpretation;
• Section 4.10.4 - Area wide rehabilitation plans should address the
rehabilitation of abandoned pits and quarries as provided for in
Section 15.3.8. The last sentence of this section, which addresses
the creation of appropriate landforms and continuous forest cover
on the Oak Ridges Moraine through the rehabilitation process,
should be expanded into a separate policy.
3.2 Mavis Carlton noted the proposed policies dealing with the rehabilitation
of pits and quarries only address the Oak Ridges Moraine. She suggested
that the amendment also refer to the rehabilitation of aggregate extraction
areas in the southern part of the Municipality, specifically on the Lake
Ontario waterfront.
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REPORT .D
3.3. The Aggregate Producers' Association of Ontario indicated in a letter
submitted at the public meeting that they would prefer to continue meeting
with Municipal staff to discuss the new policy proposals in the context of
the entire Plan and the policies referred to the Ontario Municipal Board
under Referral No. 5.
4. AGENCY COMMENTS
4.1 The proposed official plan amendment was circulated to various agencies
for comment. The Region of Durham Planning Department, the Ganaraska
Region and Kawartha Region Conservation Authorities, Victoria County, the
City of Oshawa, Hope Township and Scugog Township had no comments
or concerns with respect to the proposed amendment.
4.2 Comments regarding the proposed amendment were not received from the
Ministry of Natural Resources, the Central Lake Ontario and Otonabee
Conservation Authorities, and Manvers Township.
5. STAFF COMMENTS
5.1 Proposed Revisions to the Official Plan Amendment
5.1.1 As a result of Staff's review of the comments submitted, three minor
revisions to the amendment are proposed.
5.1.2 In response to SAGA's comment regarding Section 4.2.6 that the words "to
provide" could place an onus on the Municipality to ensure that aggregate
resources are available, Staff propose to revise the first sentence as
follows:
"To provide opportunities for aggregate extraction in the long
term.... ". This modification clarifies the intent of the policy.
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REPORT PD-156-97 PAGE 6
5.1.3 Staff note both SAGA's suggestion that the last sentence in Section 4.10.4
be expanded into a separate policy and Mrs. Carlton's suggestion that
area -wide rehabilitation plans also be considered for the Waterfront. The
policy regarding area -wide rehabilitation plans is intended to apply to
wherever there is a concentration of aggregate extraction areas, and not
just the Oak Ridges Moraine.
In addition there is a site - specific rehabilitation policy for the Blue Circle
quarry on the waterfront which should address Mrs. Carlton's concern.
The creation of a new policy to specifically address rehabilitation on the
Moraine clarifies the interpretation of Section 4.10.4, and should address
both of the concerns noted above. The proposed amendment is therefore
revised by moving the last sentence of Section 4.10.4 into a new Section
4.10.5.
5.1.4 Staff also propose to revised the definition of 'Development' in Section
24.13 to include the extraction of mineral aggregate as a form of
development. This is not a substantive revision, but rather serves to clarify
that this activity is a use of land as provided for by the Planning Act.
5.2 Other Public Comments
5.2.1 SAGA expressed a concern that Section 4.10.4 does not state that area -
wide rehabilitation plans would address abandoned pits and quarries. It
is Staff's interpretation that the policy as written would include all pits and
quarries, including those which are abandoned, and that no further revision
to this policy is required.
5.2.2 With respect to SAGA's suggestion that the amendment identify Primary
and Secondary Aggregate Resources, Staff note that this identification is
6 99
assigned by the Ministry of Natural Resources on the basis of available
information. In the absence of detailed studies, the ability to accurately
delineate primary or secondary areas is limited, particularly in an area like
the Oak Ridges Moraine where the aggregate deposits are not
homogeneous.
5.2.3 Staff also do not agree with SAGA's interpretation that the word "unduly"
in Section 10.4.2 is subjective, and do not recommend that the policy be
revised as suggested.
6. CONCLUSION
6.1 A Pre - Hearing Conference before the Ontario Municipal Board to deal with
Referral No. 5 to the Clarington Official Plan is scheduled for November 17,
1997. Adoption of the proposed amendment will allow it to be joined to
the matters being considered by the Board at the time the hearing
commences in the new year.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
JAS *DC *FW *jip
10 October 1997
Reviewed by,
gzff%�� 3
W. H. Stockwell
Chief Administrative
Officer
Attachment No. 1: Amendment No. 3 to the Clarington Official Plan
Attachment No. 2: By -law to Approve Amendment No. 1
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Interested parties to be notified of Council and Committee's decision:
S.A.G.A. (Save the Ganaraska Again)
c/o Mrs. Katherine Guselle
45 Connaught Street
Oshawa, Ontario
L1 G 2H1
S.T.O.R.M. (Save the Oak Ridges Moraine)
c/o Ms. Debbie Crandall
Box 2209, Station B
Richmond Hill, Ontario
L4E 1A4
Mrs. Mavis Carlton
119 Cove Road
West Beach
R.R. # 2
Bowmanville, Ontario
L1 C 3K3
Ms. Moreen Miller
Environment /Resources Manager
Aggregate Producers' Association of Ontario
365 Brunel Road, Unit 2
Mississauga, Ontario
L4Z 1 Z5
Mr. D. Wayne Fairbrother
Templeman, Menninga, Kort, Sullivan & Fairbrother
Barristers & Solicitors
Suite 200, 205 Dundas Street East
Belleville, Ontario
K8N 5A2
69901% /
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 Chapter 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 opportunities 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 Chapter 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
699048
OPM
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.
4.10.5 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.
4. In Chapter 15, by deleting Section 15.3.1 and renumbering the
following sections accordingly.
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5. In Section 24.13, in the definition of "Development ", by adding the
words "or the extraction of mineral aggregate;" after the words
"dumping of fill," so that the last bullet reads as follows:
°• Activities such as site - grading, excavation, removal of topsoil
or peat, the placing or dumping of fill, or the extraction of
mineral aggregate; or drainage works, except for the
maintenance of existing municipal and agricultural drains."
6. 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.
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-699951
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 97-
being a By -law to adopt Amendment Number 3 to the Clarington Official Plan.
WHEREAS Section 17(22) of the Planning Act, R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by -laws for the adoption or repeal of Official Plans and
Amendments thereto.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to incorporate additional policies
regarding mineral aggregate resources.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment Number 3 to the Clarington Official Plan being the attached
Explanatory Text and Map is hereby adopted.
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed
to make application to the Regional Municipality of Durham for approval of the
aforementioned Amendment Number 3 to the Clarington Official Plan.
3. This by -law shall come into force and take effect on the date of passing hereof.
BY -LAW read a first time this day of
BY -LAW read a second time this day of
BY -LAW read a third time and finally passed this day of
6 990j'2
1997.
1997.
1997.
MAYOR
CLERK