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HomeMy WebLinkAboutPDS-067-23Clarftwn Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: November 13, 2023 Report Number: PDS-067-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO File Number: ZBA2023-0013 Resolution#: PD-088-23 Report Subject: General Amendment to By-law 84-63 and 2005-109 — Aggregate Extraction Area Refinement Purpose of Report: The purpose of this report is to provide information and gather input from the public and Council, as well as recommend approval if there are no major concerns raised from the public. Recommendations: 1. That Report PDS-067-23 and any related communication items, be received; 2. That provided there are no significant concerns with the zoning by-law amendments during the Public Meeting, the zoning by-law amendments be approved and the By- laws in Attachment 2 and 3 to Report PDS-067-23 be passed; and 3. That all interested parties listed in Report PDS-067-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-067-23 Report Overview Page 2 The Municipality is seeking the public's input on a municipally initiated Zoning By-law Amendments to modify the schedules of Zoning By-laws 84-63 and 2005-109 to accurately reflect eight existing aggregate pit licenses. The proposed amendment is administrative in nature, no development or site alteration is proposed. Should there be no significant concerns from the public, Staff recommend that the zoning by-law amendment be approved. 1. Background 1.1 A `pit' is defined as: a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes, but does not include a wayside pit. 1.2 Over time, aggregate pit licenses are surrendered, revoked and / or modified. Once a licence has been surrendered or revoked, Official Plan policy 15.3.1 states that the aggregate extraction designation overlay in the Official Plan is deleted, and the Zoning By-laws must be amended to delete aggregate pit and associated uses as a permitted use on these lands. Appropriate zoning categories must then be incorporated. 1.3 The most recent zoning by-law schedule amendment to remove surrendered or revoked pit licenses was approved in 2009, having file number ZBA 2008-0004 and By-law #2009-068. In the years since 2009, four (4) pit licenses have been surrendered or revoked. 1.4 During Staffs review of the active aggregate pit licenses in Clarington, zoning mapping errors were found on four (4) additional active pit licenses. 1.5 The foregoing necessitates zoning by-law amendments to the seven (7) locations (eight (8) municipal addresses) shown in Figure 1 — Key Map. ow manv, Municipality of Clarington Page 4 Report PDS-067-23 • Pit 3224 located at 3061 Regional Road 20 was surrendered and subsequently deleted from the Official Plan (refer to location #4 in Figure 1 — Key Map and refer to Attachment 1 — Figure 2); and, • Pit 3240 located at 7465 Thompson Road was surrendered and subsequently deleted from the Official Plan (refer to location #7 in Figure 1 — Key Map and refer to Attachment 1 — Figure 3). 1.7 In addition to the surrendered or revoked licenses, and due to an unknown mapping error, the zoning for the following pits does not accurately reflect the boundary of the following existing licenses: • Pit 3223 located at 1640 Concession Road 10 revised to remove a portion at the northwest corner (refer to location #1 in Figure 1 — Key Map and Attachment 1 — Figure 4); • Pit 3198 located at 10057 Bowmanville Avenue (Regional Road 57) revised to remove a portion in the northeast and east (refer to location #2 in Figure 1 — Key Map and refer to Attachment 1 — Figure 5); • Pit 3202 located at 3060 Regional Road 20 revised to add a portion in the northwest corner and refine the northeast boundary (refer to location #3 in Figure 1 — Key Map and Attachment 1 — Figure 6); and, • Pit 3221 located at 3075 Maple Grove Road revised to shift boundary south and slightly reduced from the north (refer to location #5 in Figure 1 — Key Map and Attachment 1 — Figure 7). 1.8 Based on the foregoing, it is appropriate to rezone all or a portion of each of these properties in accordance with the corresponding Official Plan designation. 2. Zoning By-law Zoning By-law 84-63 2.1 The following aggregate pits are regulated by Zoning By-law 84-63, refer to Attachment 2 — Draft Zoning By-law: • Pit 3209 located at 2920 Taunton Road; • Pit 3397 located at 4601 Bethesda Road; • Pit 3240 (south portion) located at 7465 Thompson Road; and, 0 Pit 3221 located at 3075 Maple Grove Road. Municipality of Clarington Report PDS-067-23 Zoning By-law 2005-109 • The following aggregate pits are located within the Oak Ridges Moraine Conservation Plan and are regulated by Zoning By-law 2005-109, refer to Attachment 3 — Draft Zoning By-law: • Pit 3224 located at 3061 Regional Road 20; • Pit 3240 (north portion) located at 7465 Thompson Road; • Pit 3223 located at 1640 Concession Road 10; • Pit 3198 located at 10057 Regional Road 57; and, • Pit 3202 located at 3086 Regional Road 20. 3. Public Notice and Submissions Page 5 3.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Orono Times Newcastle Edition on October 25t", 2023 and the Orono Times on November 1st and 8t", 2023. Additionally, the notice of public meeting was mailed to the property owners and each landowner within 300 metres of each of the subject properties. 3.2 At the time of writing this report, Staff have received the following questions and comments: Staff have received a phone call from the property owner of Pit #3224 located at 3061 Regional Road 20. The property owner requested the status of a potential fill permit for the subject property and expressed an interest in expanding the uses on their lands. Staff have clarified that the proposed amendment is an administrative Official Plan conformity exercise and not an opportunity to evaluate new development proposals or uses on any of the subject properties. • Staff have received a written question from an agent for the property owner of Pit #3198 located at 10057 Regional Road 57 with respect to the nature of the amendment on the subject property. Staff clarified that the reason for the zoning by- law amendment on that particular property is due to an unknown mapping error and that the proposed amendment will align with the existing pit license. Municipality of Clarington Report PDS-067-23 Page 6 Staff have received one inquiry from the Greenbelt Water Keepers with respect to whether the proposed amendment considers the policies of the Oak Ridges Moraine Conservation Plan, Greenbelt Plan and the Envision Durham Official Plan. The proposed amendment is required to ensure the zoning of the subject properties conforms to the Clarington Official Plan. The Clarington Official Plan conforms to the Oak Ridges Moraine Conservation Plan and Greenbelt Plan. Staff have received one request for the commenting deadline. The inquirer was notified that although the statutory public meeting is not a commenting deadline, if you do not speak at the public meeting or send your comments or concerns before the by-law is passed: a) you will not be entitled to appeal the decision to the Ontario Land Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Staff have received a number of questions from a resident with respect to Pit #3209 and Pit #3397. These questions relate to the nature of the amendment and the existing uses/activities occurring on the subject properties. 4. Department and Agency Comments 4.1 At the time of writing this report, no comments have been received from the circulated departments and agencies. 5. Financial Considerations. 5.1 Not Applicable. 6. Concurrence 6.1 This report has been reviewed by the Treasurer/Deputy CAO who concurs with the recommendations. Municipality of Clarington Report PDS-067-23 7. Conclusion Page 7 7.1 The purpose of this report is to provide background information on the proposed Zoning By-law Amendments to modify the schedules of Zoning By-laws 84-63 and 2005-109 to accurately reflect eight (8) existing aggregate pit licenses. Provided that there are no major concerns raised at the Public Meeting and in consideration of the administrative nature of the proposed amendments, it is respectfully recommended that the Zoning By-law Amendments be approved. Staff Contact: Lucy Pronk, Principal Planner, 905-623-3379 ext. 2314 or Ipronk@clarington.net. Attachments: Attachment 1 — Subject Properties Attachment 2 — Draft Zoning By-law (Amendment to By-law 84-63) Attachment 3 — Draft Zoning By-law (Amendment to By-law 2005-109) Interested Parties: List of Interested Parties available from Department. Attachment 1— Report PDS-067-23 Figure 1: Pit 3209 located at 2920 Taunton Road and Pit 3397 located at 4601 Bethesda Road 5045 61161 ° n N 4675 - 4667 4537 4353 / �'- 0 Revoked or Surrendered License Boundary k Gc' rftwa Pits 3209 and 3397 - 2921 Taunton Road and 4601 Bethesda Road E Attachment 1— Report PDS-067-23 Figure 2: 3224 located at 3061 Regional Road 20 N cc 00 p M ' J 335 c7 N �5 ' rJ 4860 , u u u 0 Revoked or Surrendered License Boundary ';,_ _ _ _ _ _ N CICA1401H Pits 3224 - 3061 Regional Road 20 w e a Attachment 1— Report PDS-067-23 Figure 3: Pit 3240 located at 7465 Thompson Road 7666 7877 da � 7538 7486 7440 7398 7345 J �M 1 � �\ 1 r I 0 Revoked or Surrendered License Boundary N Claring on Pit 3240- 7465 Thompson Rd E s Attachment 1 — Report PDS-067-23 Figure 4: Pit 3223 located at 1640 Concession Road 10 TOWNSHIP OFSCUGOG 1545 orf6etsiorfiRdbl, LUIli l Current Zoning By -Law Boundary Current Aggregate Pit License Pit 3223- 1640 Concession Rd 10 Attachment 1— Report PDS-067-23 Figure 5: Pit 3198 located at 10057 Regional Road 57 TOWNSHIP OF SCUGOG r 8urketou V II 951] '`, 1 BSlO II / san III / as0o III ` III I i naon I I 0 Current Zoning By -Law Boundary Current Aggregate Pit License k ClahigtUIl Pit 3198- 10057 Regional Rd 57 '" E 8 Attachment 1— Report PDS-067-23 Figure 6: Pit 3302 located at 3060 Regional Road 20 Cr b 95:34 0. 10 � v �I c 3 9490 :O `m 9442 r� 'O rn o CITY OF KAWARTHA LAKES 5505 N N � nc I o r v PAS � N �o�... C C O Y 5216 � U c O 0 Current Zoning By -Law Boundary current Aggregate Pit License w N Cla b9toil Pit 3202- 3160 Regional Rd 20 s Attachment 1— Report PDS-067-23 Figure 7: Pit 3221 located at 3375 Maple Grove Road 3700 3567 3430 3386 3342 3254 3180 3142 3100 =a 0 o C7 a rn o N � u7 N i Nash=Road zssz 0 Current Zoning By -Law Boundary Current Aggregate Pit License N Clarington Pit 3221- 3075 Maple Grove Road v, s If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 20_- Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to amend By-law 84-63, as amended, with respect to certain lands located at 2920 Taunton Road, 4601 Bethesda Road, 7465 Thompson Road and 3075 Maple Grove Road. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA Now therefore the Council of the Municipality of Clarington enacts as follows: Schedule `1 B' and `1 U to By-law 84-63, as amended, is hereby further amended by changing the zone category from `Extractive Industrial (M3) Zone' to `Agricultural (A) Zone' and `Environmental Protection (EP) Zone' as illustrated on the attached Schedule `A-1' hereto. 2. Schedule '2F' to By-law 84-63, as amended, is hereby further amended by changing the zone category from `Extractive Industrial (M3) Zone' to `Agricultural (A) Zone' and `Environmental Protection' as illustrated on the attached Schedule 'A-2' hereto. 3. Schedule `1A', `1 B', `1 C' and `1 U to By-law 84-63, as amended, is hereby further amended by changing the zone category from `Extractive Industrial (M3) Zone' to `Agricultural (A) Zone' and `Extractive Industrial (M3) Zone' as illustrated on the attached Schedule `A-4' hereto. 4. Schedule `A-1', `A-2' and `A-3' attached hereto shall form part of this By-law. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended. Passed in Open Council this day of ,20 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A-1" to By-law 2023- , passed this day of 2023 A.D. 5045 -o. Taunton Road ¢ _ I co a Ix M U) d - - m 4801 4537 -Meams-Avenue Stephens Milt Road 4353 m m I I� 0 Zoning Change From 'M3' To 'A' N Zoning Change From 'M3' To 'EP' W - E 5 Zoning By -Law 84-63 Schedule 1 B & 1 D This is Schedule "A-2" to By-law 2023- , passed this day of , 2023 A.D. i 7538 7486 — 7465 1 7440 7398 c o a i i 7345 F7--Izoning Change From 'M3' To 'A' N F�Zoning Change From 'M3' To 'EP' W - E 5 Zoning By -Law 84-63 Schedule 2F This is Schedule "A-3" to By-law 2023- passed this day of 2023 A.D. 3537 3427 J 3438 3430 3386 v O o: 3342 E w m C� 3254 v m 0 cc IIv 3180 io C7 3142 31010 N N N Nag AROW 2802 28112 ��2881 - 2866 2111 © Zoning Change From 'A' To 'MT N Zoning Change From 'MT To 'A' W ® Zoning To Remain 'M3' S Zoning By-Law84-63 Schedule 1A, 113, 1C and 1D Attachment 3 — PDS-067-23 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 20_- Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to amend By-law 2005-109, as amended, with respect to certain lands located at 3061 Regional Road 20, 7465 Thompson Road, 1640 Concession Road 10, 10057 Bowmanville Avenue (Regional Road 57) and 3086 Regional Road 20. Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2005-109, as amended, of the Corporation of the Municipality of Clarington for ZBA Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Schedule `E4' and 'E12' to By-law 2005-109, as amended, is hereby further amended by changing the zone category from `Aggregate Extraction (AE) Zone' to 'Agricultural (A) Zone' with 'MAOI (Minimum Area of Influence)' overlay as illustrated on Schedule 'A-1' attached hereto. 2. Schedule 'E16' to By-law 2005-109, as amended, is hereby further amended by changing the zone category from 'Aggregate Extraction (AE) Zone' to `Agricultural (A) Zone', `Environmental Protection (EP) Zone' and 'MAOI (Minimum Area of Influence)' overlay as illustrated on Schedule 'A-2' attached hereto. 3. Schedule 'El'to By-law 2005-109, as amended, is hereby further amended by changing the zone category from 'Aggregate Extraction (AE) Zone' to 'Natural Linkage (NL) Zone', `Environmental Protection (EP) Zone' and `MAGI (Minimum Area of Influence)' overlay as illustrated on Schedule 'A-3' attached hereto. 4. Schedule `E3' to By-law 2005-109, as amended, is hereby further amended by changing the zone category from `Aggregate Extraction (AE) Zone' and 'MAOI (Minimum Area of Influence)' overlay to 'Natural Linkage (NL) Zone', `Environmental Protection (EP) Zone' and 'MAGI (Minimum Area of Influence)' as illustrated on Schedule 'A-4' attached hereto. 5. Schedule `E4' and 'E12' to By-law 2005-109, as amended, is hereby further amended by changing the zone category from `Agricultural (A) Zone', `Environmental Protection (EP) Zone' to `Aggregate Extraction Exception 1 (AE-1) Zone' as illustrated on Schedule `A-5' attached hereto. 6. Schedule 'A-1', `A-2', `A-3', `A-4' and 'A-5' attached hereto shall form part of this By-law. 7. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended. Passed in Open Council this day of , 20 Adrian Foster, Mayor June Gallagher, Municipal Clerk This is Schedule "A-1" to By-law 2023- passed this day of 2023 A.D. N s 04 CDCDC) M n M M m 2 - Regionalado20 co O O M co 4860 n u 0 Zoning Change From 'AE' To 'A' N MAOI (Minimum Area of Influence) W F S Oak Ridges Moraine Zoning By -Law 2006-109 Schedule E4 and E12 This is Schedule "A-2" to By-law 2023- passed this day of 12023 A.D. 7666 7677 07 o, wa 7538 7486 _ 7 5 7440 7398 7345 F-7 Zoning Change From 'AE' To 'A' N Zoning Change From 'AE' To 'EP' E MAOI (Minimum Area of Influence) g Oak Ridges Moraine Zoning By -Law 2005-109 Schedule E15 This is Schedule "A-3" to By-law 2023- , passed this day of 2023 A.D. TOWNSHIP OF SCUGOG -------- ----------_---------- ---- Canadian Pacific Railway r 1545 m Conces"siiin�Rd�10 a ,v Nm 1 Zoning Change From 'AE' To 'EP' Zoning Change From 'AE' To 'NL' N W Zoning To Remain 'AE' MAOI (Minimum Area of Influence) S Oak Ridges Moraine Zoning By -Law 2005-109 Schedule E1 This is Schedule "A-4" to By-law 2023- , passed this day of 2023 A.D. TOWNSHIP OF SCUGOG 16 BgnNAPY.ROA� �_ W I` 1V2 Canadian Pacific tlailway, i a c A Zoning Change e From AE To EP N Zoning Change From 'AE' To 'NL' W ® Zoning To Remain 'AE` s MAOI (Minimum Area of Influence) Oak Ridges Moraine Zoning By -Law 2005-109 Schedule E3 This is Schedule "A-5" to By-law 2023- , passed this day of 2023 A.D. 9442 a 9 0 r p d � � N c E O N o CITY OF nKAWARTF LAKES �m c a 1 i 5505 I O Cone se sr M �ry�Raa'O � o M N ti M M C Zoning Change From 'EP' To 'AE-1' N Zoning Change From 'A' To 'AE-1' W Zoning To Remain 'AE-l' S Oak Ridges Moraine Zoning By -Law 2005-109 Schedule E4 and E12