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HomeMy WebLinkAbout11-13-2023 Planning and Development Committee Post-MeetingAgenda Date:November 13, 2023 Time:5:00 p.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Laura Preston, Temporary Records Administrator, at 905-623-3379, ext. 2104 or by email at lpreston@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public by on the Municipality’s website, www.clarington.net/calendar Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgment Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations (10 Minute Time Limit) *5.1 Delegation by Marilyn Morawetz, Jury Lands Foundation and Jeremy Freiburger, Cobalt Connects Creativity, Regarding, Strategy and Plans for Cafeteria Stabilization, Fundraising, and Work Ahead for Jury Lands Foundation 4 (Mayor Foster Intends to Introduce a Motion to Suspend the Rules to add this Delegation to the Agenda) (Requires a 3/4 Vote) 6.Consent Agenda 6.1 Communications 6.2 Staff Reports and Staff Memos 6.2.1 PDS-065-23 - Proposal to Return Lands to the Greenbelt – Greenbelt Statute Law Amendment Act, 2023 (Bill 136) 16 6.2.2 PDS-066-23 - Graham and Wilmot Creek Floodplain Mapping Update Study 26 7.Items for Separate Discussion 8.Unfinished Business 9.New Business 10.Public Meetings (6:30 p.m.) 10.1 Public Meeting for a Proposed Zoning By-law Amendment 34 Planner: Lucy Pronk Planning and Development Committee Page 2 10.1.1 PDS-067-23 - General Amendment to By-law 84-63 and 2005- 109 – Aggregate Extraction Area Refinement 45 11.Confidential Items 11.1 LGS-030-23 - OLT Appeal - Aspen Garden Bowmanville Ltd. (Kaitlin) *11.2 LGS-032-23 - OLT Appeal - BV Courtice Partners GP Ltd. 78 (Correspondence from Libby Racansky Attached) 12.Adjournment Planning and Development Committee Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Staff 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-065-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: PLN 1.1.9.4 By-law Number: Report Subject: Proposal to Return Lands to the Greenbelt – Greenbelt Statute Law Amendment Act, 2023 (Bill 136) Recommendations: 1. That Report PDS-065-23, and any related delegations or communication items, be received; 2. That Report PDS-065-23 be submitted to the Province via ERO Posting 019-7739 as Clarington’s comments on the Province's proposed Greenbelt Statute Law Amendment Act, 2023 (Bill 136); and 3. That all interested parties listed in Report PDS-065-23, and any delegations be advised of Council’s decision. Page 16 Municipality of Clarington Page 2 Report PDS-065-23 Report Overview In November 2022, the Province of Ontario released proposed amendments to the Greenbelt Plan. The amendments proposed to remove 15 areas of land from the edge of the Greenbelt to provide for residential development. One of the parcels of land identified for removal was located at the northeast corner of Nash Road and Hancock Road in Clarington (Attachment 1). Clarington made a submission to the Province via Report PDS-059-22, indicating objection to any removal of land from the Greenbelt. The Greenbelt Plan changes came into force as originally presented in December 2022. On October 16, 2023, the Province released proposed legislation, entitled ‘Greenbelt Statute Law Amendment Act, 2023 (Bill 136)’ to amend the Greenbelt Act, 2005. The proposed legislation would restore the 15 areas of land that were redesignated or removed from the Greenbelt in late 2022 and ensure future boundary adjustments are made through an open and public process. The purpose of this report is to provide an overview of and comments on the proposed amendments to the Greenbelt Act. The deadline to comment is November 30, 2023. 1. Background 1.1 In November 2022, the Province of Ontario released proposed amendments to the Greenbelt Plan and associated Ontario Regulation 59/05. The amendments proposed to remove 15 areas of land, comprising approximately 7,400 acres, from the edge of the Greenbelt to provide for residential development. One of the parcels of land identified for removal was located at the northeast corner of Nash Road and Hancock Road in Clarington. 1.2 The announcement followed the Province’s October 2022 release of omnibus Bill 23 (More Homes Built Faster Act, 2022) in support of the Province’s goal to build 1.5 million homes by 2031. 1.3 The Greenbelt Plan changes came into force as originally presented in December 2022, after the close of the 30-day comment period during which the Province received over 35,000 submissions, many of which were not supportive of the changes. Clarington made a submission to the Province via Report PDS-059-22, indicating Clarington’s objection to any removal of land from the Greenbelt. 1.4 In August 2023, the Office of the Auditor General of Ontario released ‘Special Report on Changes to the Greenbelt’ (the Report) and was updated in October 2023. The Report assessed the financial and environmental impacts of the Province’s decision to remove lands from the Greenbelt, and is briefly summarized in section 2, below. Page 17 Municipality of Clarington Page 3 Report PDS-065-23 1.5 On October 16, 2023, the Province released proposed legislation to amend the Greenbelt Act, 2005. The proposed Greenbelt Statute Law Amendment Act, 2023 (Bill 136) would restore the 15 areas of land that were redesignated or removed from the Greenbelt in late 2022. The proposed Greenbelt Statute Law Act, 2023 would ensu re any future boundary adjustments are made through an open, public, and transparent legislative process. 1.6 The purpose of this report is to (i) summarize the Province’s proposed changes to the Greenbelt Act, and (ii) present staff’s comments on Bill 1 36 for Council’s consideration. The proposed legislation is currently posted on the Environmental Registry of Ontario for public review and comment until November 30, 2023. 2. Discussion and Comments Greenbelt in Clarington 2.1 The Greenbelt encompasses approximately 81 percent of the total lands in Clarington, within which is the Oak Ridges Moraine, making up approximately 29 percent of Clarington’s total area. 2.2 The purpose of the Greenbelt Plan is to provide permanent protection to the invaluable agricultural land base and ecological features and functions surrounding the urbanized areas of the Greater Golden Horseshoe. 2.3 The Greenbelt Plan aligns with and provides essential support to many of the goals and objectives of our Clarington Official Plan, including (i) to pursue development in a manner that ensures sustainability for future generations to meet their own needs (ii) to protect the integrity and vitality of natural heritage systems, and (iii) that growth and development will take place within firmly defined boundaries to protect the agricultural system and industry as a key economic driver within the Municipality. 2.4 The Greenbelt Plan has been continuously supported by Clarington Council since its enactment in 2005. Additional information about the Greenbelt in Clarington is available in Report PDS-059-22. Special Report on Changes to the Greenbelt 2.5 In August 2023, the Office of the Auditor General of Ontario released the ‘Special Report on Changes to the Greenbelt’. The assessment and resulting Report were in response to a request from the three Ontario Opposition Party leaders for a value -for- money audit and an assessment of the financial and environmental impacts of the government’s decision to remove lands from the Greenbelt. The full Report is available online. The paragraphs below provide a high-level summary of the observations and recommendations outlined in the Report. Page 18 Municipality of Clarington Page 4 Report PDS-065-23 2.6 The Report determined the way in which the Province assessed and selected lands for removal from the Greenbelt: (i) was not publicly transparent, objective, or well -informed; (ii) was inconsistent with the vision, goals, and processes of the Greenbelt Plan, and deviated from previous processes (e.g. 2017 Coordinated Plans Review); (iii) did not factor in financial impacts or costs, or clarify fiscal responsibilities, such as the cost of additional infrastructure or who would pay for it; (iv) did not consider environmental and agricultural implications of the removals, was not based on technical knowledge about systems and functions, and did not address the resulting adverse impacts, loss or degradation; and (v) did not effectively consult the public, municipalities, and Indigenous Communities. 2.7 The Report further noted the opening of the Greenbelt was not needed to meet the Province’s goal of building 1.5 million homes by 2031, according to the Province’s Housing Affordability Task Force, the Housing Ministry, and the Chief Planners of the three most affected Regions (including Durham). 2.8 The Report presented a series of 15 recommendations to address the observations detailed in the document, including a recommendation to re-evaluate the 2022 decision to change the Greenbelt boundaries. Summary of Proposed Amendment to the Greenbelt Act 2.9 The proposed ‘Greenbelt Statute Law Amendment Act, 2023 (Bill 136) proposes to amend the Greenbelt Act, 2005 to: (i) Return to the Greenbelt the 15 areas that were removed in December 2022 by incorporating the description of the Greenbelt Area directly into the legislation. This includes the lands removed at the northeast corner of Nash Road and Hancock Road in Clarington; (ii) Eliminate the authority to add or remove lands to or from the Greenbelt Area by regulation so that any future amendments to the Greenbelt Area would require legislative changes through an open, public process; (iii) Add to the Greenbelt Act a new section to restore the application of the Greenbelt Plan to the 15 areas of land that were removed in 2022 and provide for a concurrent amendment to the Greenbelt Plan so the protections the lands had prior to the December 2022 amendments are restored. It is noted the lands Page 19 Municipality of Clarington Page 5 Report PDS-065-23 added to the Greenbelt (urban valley lands) in 2022 would remain in the Greenbelt; (iv) Continue to provide that no Plan amendments can be made that wou ld reduce the total area of land subject to the Greenbelt Plan, and revoking the Greenbelt Area boundary regulation (Ontario Regulation 59-05); (v) Specify through section 19 of the Greenbelt Act that the Province has no legal liability for matters related to the Greenbelt Act; and (vi) Make similar amendments noted above to the Oak Ridges Moraine Conservation Act and Plan, as required. 2.10 It is noted that the 13 Urban River Valley Areas that were added to the Greenbelt as part of the 2022 Greenbelt Plan amendments wi ll remain in the Greenbelt. The additions totalled approximately 3,804 hectares (9,400 acres) and included lands in Clarington consisting of expansions to Urban River Valleys along Wilmot Creek and Soper Creek, and the addition of lands within Darlington Provincial Park. These urban river valley areas will continue to part of the Greenbelt and are illustrated on Attachment 2. 2.11 If passed, the Greenbelt Statute Law Amendment Act, 2023 would come into force on the date the Act receives Royal Assent. 2.12 If passed, the lands at Nash Road and Hancock Road in Clarington, shown on the Province’s Map 8 (Attachment 1), will be returned to the Greenbelt’s Protected Countryside. Comments on Greenbelt Statute Law Amendment Act, 2023 (Bill 136) 2.13 Staff appreciates the Province’s re-evaluation of its decision to remove lands from the Greenbelt, and proposed legislation to restore and strengthen the permanent protection of the same. 2.14 Staff does not support the removal of any lands from the Greenbelt Area. The Province’s agricultural land base is finite and should be recognized as such. 2.15 Staff generally supports the proposed ‘Greenbelt Statute Law Amendment Act, 2023 (Bill 136)’. 2.16 Staff supports the Province’s efforts in continuing to implement the Recommendations resulting from the ‘Special Report on Changes to the Greenbelt’. 2.17 Clarington remains committed to exercising its part to address Ontario’s housing supply crisis using the tools available and looks forward to continuing to work with the Province towards the same. Page 20 Municipality of Clarington Page 6 Report PDS-065-23 3. Financial Considerations 3.1 There are no direct financial considerations for providing comments to the Province on the proposed legislation through the Environmental Registry of Ontario. 3.2 There have been indirect financial considerations relating to the time and resources expended over the last 12 months to review and consider the implications of the 2022 changes to the Greenbelt Plan that removed lands in Clarington from the Greenbelt. 4. Concurrence 4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 5. Conclusion 5.1 The proposed legislation is currently posted for public consultation on the Province’s Environmental Registry of Ontario website for 45 days, closing on November 30, 2023. 5.2 The Greenbelt Plan is to provide permanent protection to the agricultural land base and ecological features and functions. Staff supports the proposed Greenbelt Statute Law Amendment Act, 2023 (Bill 136), and offers comments for the Province’s consideration to ensure the continued permanent protection of the Greenbelt. 5.3 It is respectfully recommended that (i) the recommendations in Section 1 of this report be adopted, and (ii) that this report, including the Comments on the proposed Greenbelt Statute Law Amendment Act, 2023 (Bill 136) contained herein, be submitted to the Province as Municipal Comments on the proposed amendments to the Greenbelt Act. Staff Contact: Sarah Allin, Principal Planner, 905-623-3379 ext. 2419 or sallin@clarington.net. Attachments: Attachment 1 – Map showing lands in Clarington proposed to be restored to the Greenbelt (Province’s Map 8) Attachment 2 – Map showing Urban River Valleys added to the Greenbelt Interested Parties: List of Interested Parties available from Department. Page 21 MOYS E DR GEORG E REYNO L D S DR HARRYGAYDRREGIONAL HIGHWAY 2COURTICE RDSOLINA RD NASH R D HWY418COURTICE Farewell/Black/Harmony CreeksDURHAM CLARINGTON WILBERT HOAR C R T J O L L I F F E S T BROOM E A V E GLENVI E W RD MOULTONCRT DUVALSTFEWSTERSTSOLINARDGORDONCOWLING STARTHURTREWIN STSIMN ICKCRESSKINNE R C R T 4THAVE LYNWOODAVELIVING CRTJANE AVE WESTMO R E S TELMERADAMS DR RUNDLE RDHANCOCKRDHOLYROD DR Greenbelt Area* Protected Countryside Natural Heritage System Towns/Villages Urban River Valleys Settlement Areas Outside the Greenbelt Municipal Boundary Road or Highway Proposed Restorations and Redesignations Greenbelt Restoration Greenbelt Redesignation ORM Redesignation LEGEND Greenbelt Plan, Oak Ridges Moraine Conservation Plan Proposed Restoration and Redesignation Map 8 0 0.2 0.40.1 Km 1 cm equals 132 m Map North: 0° Note: While every effort has been made to accurately depict the information, this map should not be relied on as being a precise indicator of locations of features or roads. For precise boundaries and locations of Settlement Areas, including Towns/Villages and Hamlets, the appropriate municipalities should be consulted. Produced by and using data sources from the: Ministry of Municipal Affairs and Housing; Ministry of Northern Development, Mines, Natural Resources and Forestry; Ministry of the Environment, Conservation and Parks; and, the Ministry of Agriculture, Food and Rural Affairs. https://www.ontario.ca/page/accessible-customer-service-policy We are committed to providing accessible customer service. On request, we can arrange for accessible formats and communications supports. Please contact MMAH by email (mininfo@ontario.ca) for regulation details. *Ontario Regulation 59/05, as amended. © 2023, King’s Printer for Ontario Maps are for Consultation Purposes Only NOTE: Lands within the Greenbelt Restorations and Redesignations that had been identified as NHS and/or Niagara Peninsula Tender Fruit and Grape Area as of Dec 13, 2022 would revert back to NHS and/or Niagara Grape and Tender Fruit and Grape Area. Attachment 1 to Report PDS-065-23 Page 22 Attachment 2 to Report PDS-065-23Page 23 Page 24 Page 25 Staff 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-066-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: File Number: PLN 17.3.4 Resolution#: Report Subject: Graham and Wilmot Creek Floodplain Mapping Update Study Recommendation: 1. That Report PDS-066-23, and any related delegations or communication items, be received for information. Page 26 Municipality of Clarington Page 2 Report PDS-066-23 Report Overview The purpose of this report is to inform Council of the completion of an update to the floodplain mapping for the Wilmot and Graham Creeks. Updating of the floodplain mapping was undertaken to reflect data improvements and technological advancements since the previous study was completed 46 years ago. It was completed in partnership with Ganaraska Region Conservation Authority and the Region of Durham, with funding support provided through the National Disaster Mitigation Program (NDMP). The updated floodplain mapping will inform municipal infrastructure planning, land use planning, and emergency preparedness planning. 1. Background 1.1 Floodplain mapping provides critical information to prevent and mitigate flooding. Floodplain mapping in Clarington is managed by the local conservation authorities. Mapping should be updated regularly to account for changes in land use, infrastructure, and improved mapping or modelling technology. 1.2 The previous floodplain mapping study for Graham and Wilmot Creek was completed in 1977 and is the oldest floodplain data set in Clarington. Since this date, there have been advancements in mapping methodologies and technology, data improvements, and urbanization within the watersheds. See Figure 1 for a map of the Wilmot Creek and Graham Creek watersheds and the existing (1977) floodplain mapping. 1.3 In 2021, the Municipality partnered with Ganaraska Region Conservation Authority (GRCA) and the Region of Durham to seek funding support through the National Disaster Mitigation Program (NDMP) for the Graham and Wilmot Creek Floodplain Mapping Update Study (Study). Report PDS-022-21, endorsed by Council (Resolution #PD-145-21) authorized a Municipal contribution towards proceeding with the Study. In June 2021, the Municipality was informed of its successful funding application, with the NDMP providing 50% of the funds required up to a maximum of $70,500. 2. Floodplain Mapping 2.1 Floodplain mapping studies use technical information to determine the extent of the floodplain or area of land adjacent to a watercourse that may be at risk of flooding during severe storms. This includes topographical information, field surveys, weather, and stream flow data. Detailed hydraulic and hydrologic models are then created that refine the limits of the floodplain and identify flood hazards. Page 27 Municipality of Clarington Page 3 Report PDS-066-23 Figure 1: Wilmot Creek and Graham Creek Watersheds and Existing (1977) Floodplain Page 28 Municipality of Clarington Page 4 Report PDS-066-23 2.2 Figure 2 identifies the floodplain data sets in Clarington, by year, prior to this most recent update. The Central Lake Ontario Conservation Authority (CLOCA) and GRCA have historically updated their data sets as funding and priority permitted. Updated floodplain mapping studies incorporate data improvements and technological advancements such as LIDAR, a remote sensing three-dimensional survey method, and changes in infrastructure, land use, population growth, and stream flows. 2.3 Knowing the extent of a floodplain is an important tool for land use planning, emergency management, and public safety. It informs the Official Plan, zoning by-laws, and the review of development applications, helping to direct future development outside of flood-prone areas, to avoid injury, loss of life and property damage. It is also used to identify where flooding may impact access to roads and emergency routes and can help property owners to understand their individual risk of flooding. In addition, floodplain mapping can be used to support assessments of the vulnerability of roads and culverts to riverine flooding across Clarington and the upgrading of appropriate infrastructure. Examples include locating trails away from flood prone areas and designing culverts and bridges that can handle peak flow rates. 3. Study Overview 3.1 The Study was initiated in spring 2022. The Study area included the Wilmot Creek and Graham Creek (Figure 1). While Foster Creek is a tributary of Wilmot Creek, it was not mapped as part of this project since the main branch was last updated in 2017 and the two tributaries were updated in 2019. The Study was carried out by the GRCA, with communications support and grant administration being provided by the Municipality. 3.2 The Study followed five phases including Background Data Review, Field Survey of Bridge and Culvert Structures (more than 400), GIS Data and Model Development, Report and Map Production, and Public Awareness and Education. 3.3 To update the mapping, GRCA used the province’s 2016 LIDAR data, topographic maps, new ground surveys, updated land use conditions, and the latest provincial and federal floodplain mapping guidelines. To accurately identify the flood hazard, ground- truthing was carried out where access to private property was granted. This information was incorporated into new hydrologic and hydraulic models that ultimately yielded the updated floodplain mapping. Page 29 Municipality of Clarington Page 5 Report PDS-066-23 Figure 2: Floodplain Mapping in Clarington by Year Page 30 Municipality of Clarington Page 6 Report PDS-066-23 3.4 Notice of the study was sent to landowners within 100 metres of the 1977 floodplain limits, both at Study commencement and prior to a Public Information Centre (PIC) that took place on March 20, 2023. A webpage hosted by GRCA was also set up that explained the purpose and approach for updating the floodplain mapping and answered some frequently asked questions. Articles noting the study commencement ran in the Orono Times and in Durham Radio News. 3.5 The PIC was held to share the preliminary updated floodplain mapping and receive comments from the public. It involved a presentation, poster boards, and an interactive map that attendees could use to explore the changes to the floodplain. Staff members from the Municipality and GRCA were available to answer any questions. There were approximately 40 attendees. Figure 3: Photo from Public Information Centre held March 20, 2023 3.6 The study yielded updated mapping that refines the limits of the floodplain for land use planning purposes. Overall, the resulting mapping was similar to the 1977 model, but with some refinements. This included some land being removed and some being added into the floodplain. As stated in the Wilmot & Graham Creek Floodplain Update Study (GRCA, March 2023), “the increases are attributable to increased watershed area due to more precise watershed delineation based on LiDAR, increased development in the watershed, altered peak flow timings of the tributaries, and adherence to modern floodplain mapping guidelines.” 3.7 On October 19, 2023, the Study and updated floodplain mapping was presented to and endorsed by the GRCA Board. The final Study report and updated mapping will be available to the public on GRCA’s website (Graham and Wilmot Creek Updated Floodplain Mapping). The final Study report and mapping will subsequently be submitted to the NDMP, marking project completion. Page 31 Municipality of Clarington Page 7 Report PDS-066-23 Next Steps 3.8 The final updated mapping will be used by several Municipal departments for purposes including the following:  The review and assessment of development inquiries and applications;  Future updates to Municipal Zoning By-laws and the Clarington Official Plan;  Infrastructure planning and design;  Asset management planning;  Emergency management planning; and  Climate change risk assessment and mitigation planning. 3.9 GRCA is working to update the remaining floodplain datasets in its regulated area of Clarington. Recently, the Region of Durham and GRCA successfully applied for funding from the federal Flood Hazard Identification and Mapping Program (FHIMP) to update floodplain mapping for Lovekin, Bouchette Point, and Port Granby Creeks as well as the northwest portion of the Ganaraska River watershed. Work was initiated in April 2023 and is planned to conclude in March 2024. The Municipality’s involvement in these additional updates is limited to in kind support, such as providing GIS information. 4. Financial Considerations 4.1 The total actual costs to undertake the Study was $151,950, an increase of $10,950 from the original project estimate. Additional costs were incurred as a result of additional time needed to complete the field work due to property access approval delays and wireless connectivity issues in more remote areas of the watersheds which impacted the function of surveying equipment. The additional costs were incorporated into the Planning & Infrastructure Services Department’s 2023 budget. The Study is eligible for 50% funding up to $70,500 through the NDMP. NDMP’s review of project costs for reimbursement is on-going. 5. Concurrence 5.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the information. Page 32 Municipality of Clarington Page 8 Report PDS-066-23 6. Conclusion 6.1 The updated floodplain mapping for Graham and Wilmot Creeks provides the latest data to assist with land use and emergency preparedness planning, including flood prevention and mitigation. Updating the floodplain mapping enables residents, businesses, and farm operations to better understand their flood risk and to prepare for a flood event. The Study represents a successful collaboration between the Municipality, GRCA, the Region of Durham, and a federal grant funding opportunity. Staff Contact: Amy Burke, Project Manager, Corporate Performance, 905-623-3379 ext. 2423 or aburke@clarington.net. or Lisa Backus, Manager of Community Planning, 905-623-3379 ext. 2413 or lbackus@clarington.net Interested Parties: List of Interested Parties available from Department. Page 33 Notice of Public Meeting The Municipality is seeking public comments before making a decision on a municipally initiated Zoning By-law Amendment. Proposal As required by the Clarington Official Plan, the Municipality of Clarington has initiated a Zoning By-law Amendment to refine the zoning of multiple aggregate pits. Once an aggregate pit license has been surrendered, revoked or its boundaries adjusted, the zoning must be revised to accurately reflect the license. Accordingly, the proposed amendment modifies the schedules of Zoning By-laws 84-63 and 2005-109. The proposed amendment is administrative in nature, no development or physical site changes are proposed. 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. Subject Properties Find Out More Information and materials in support of this amendment are identified and/or available for viewing at the following website: https://www.clarington.net/en/business-and-development/Current- Development-Proposals.aspx or at the Planning and Infrastructure Services desk located at 40 Temperance Street, Bowmanville ON L1C 3A6; 3rd Floor, between the hours of 8:30 a.m. – 4:30 p.m. during regular business days. For more information about this matter, including information about appeal rights, contact Lucy Pronk, Principal Planner, Development Review Division at 905-623-3379, extension, 2314 or by email at lpronk@clarington.net. Page 34 Public Meeting Information A Public Meeting has been scheduled for this application. Written comments are encouraged to be submitted prior to the Public Meeting. You can also request to be added to the interested party list to receive updates regarding this application. Public Meeting Date: November 13th, 2023 Time: 6:30 pm How to Attend the Meeting You may provide comments at the Statutory Public Meeting either in person, by Microsoft Teams, or by telephone. In Person: Council Chambers Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Virtually: To participate electronically, please pre-register by completing the online form at http://www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, November 10th, at 3:30 p.m. A link and telephone number will be provided to you once registered. This meeting will also be live-streamed for public viewing at https://www.clarington.net/en/town-hall/council-meeting-calendar.aspx You do not need to pre-register as a delegate in order to speak in person. Please submit your written comments on the proposed amendment to Lucy Pronk at lpronk@clarington.net or by mail to 40 Temperance Street, Bowmanville, ON L1C 3A6 prior to the date of the public meeting. File Numbers: ZBA2023-0013 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington 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. Carlos Salazar, MCIP, RPP Director of Planning and Infrastructure Services Page 35 November 8, 2023 Attn: Lucy Pronk lpronk@clarington.net Municipality of Clarington Municipal Administrative Centre 40 Temperance Street, Bowmanville, ON L1C 3A6 Dear Ms. Pronk: RE: Comments on the Zoning By-Law Amendment to Refine the Zoning of Multiple Aggregate Pits – ZBA 2023/0013 – 4601 Bethesda Road OUR FILE 1669P On behalf of our Client, Sunrock Canada Building Materials, we have prepared the following comments on the Municipality of Clarington Zoning By-Law Amendment to Refine the Zoning of Multiple Aggregate Pits (ZBA 2023-0013). For the reasons outlined in this letter, we request that the current M3 Zoning for the property located at 4601 Bethesda Road, Clarington not be changed or revised. The Sunrock Group, headquartered in Raleigh, NC, is a leading privately held construction materials supplier with over 70 years of experience. In 2019, the Sunrock Group moved into the Canadian market by acquiring a number of existing aggregate operations and Ready-Mix Concrete Plants. Headquartered in Uxbridge, the Sunrock Group now employs over 50 team members in the Canadian Market. 1 Property Description The property municipally known as 4601 Bethesda Road ( Part Lot 6 Concession 4 Darlington), is 13.6 hectares in size with 110 metres of frontage along Bethesda Road. The property is located within a rural area of the Municipality characterized by a mix of rural residential, recreational, agricultural uses, and natural heritage features. Within the immediate area, there is a history of aggregate extraction activities including the Coombes Pit, previously located at 2899 Taunton Road East and the CBM Pit previously located at Part of Lot 5, Concession 4. Both of these properties abut 4601 Bethesda Road. The property located at 4601 Bethesda Road was also formerly licensed under the Pits and Quarries Control Act and more recently the Aggregate Resources Act (ARA) as a Class B Pit Above the Water Page 36 2 Table. Due to the previous aggregate extraction activities on the property, the majority of the property has been disturbed. As permitted by the current M3 Zoning, aggregate related activities are still occurring on the site: the portion of the property adjacent to Bethesda Road continues to be used for aggregate stockpiling and storage, and aggregate storage bays and a scale-house remain present on-site. These uses and activities have remained in existence for several years on the property. 2 Background Sunrock has entered into an agreement with the current property, Ron Robinson, owner of 4601 Bethesda Road to continue to use the property for uses that are permitted in the M3 (Extractive Industrial) zone, including: an aggregate processing plant, aggregate stockpiling, and outside storage of aggregate materials. As currently permitted by the M3 Zoning, Sunrock has proposed a Ready-Mix Concrete Plant on the property. According to information provided by Sunrock (see attached), the anticipated initial capital investment in the property is expected to exceed $20 million over the next 5 years. This investment includes 20 full-time jobs; property upgrades; equipment; trucks; and machinery. Clarington is the fastest growing municipality in the Region of Durham with a population that is projected to increase to over 221,000 people by 2051. The community has over 6,000 businesses and a growing workforce. This significant community growth has brought infrastructure investment, including: Ontario Power Generation’s Darlington Nuclear Generation Station’s refurbishment, the recently completed Highway 407 east extension, plans to extend the GO Train to Clarington, and redevelopment of the Bowmanville Hospital. In addition, the Municipality has set a housing target of 13,000 new units by 2031. The proposed Sunrock Ready-Mix Concrete Plant will contribute to the economic viability of Clarington by providing employment opportunities and supplying essential construction materials in a strategic, close-to-market location and on a site already containing existing aggregate-related uses. 3 History of Aggregate and Aggregate-Related Uses on the Property The property has a long-standing history of aggregate and aggregate related uses dating back to the 1950’s. Today, the property continues to be used for aggregate-related uses, as permitted by the M3 Zone. The property was licensed as a gravel pit under the Pits and Quarries Control Act in the 1970s and then under the Aggregate Resources Act in the 1990s. A portion of the Aggregate Resources Act Licence was removed in 2006 (about 12.05ha) and the remaining Aggregate Resources Act Licence was revoked in 2020 (about 1.79ha). The current M3 zoning for the property does not require that the permitted uses be accessory to an Active Aggregate Resources Act Licence and/or pit/quarry operation. The M3 (Extractive Industrial) zoning permits stand-alone aggregate and aggregate-related uses, including: “A processing plant – aggregate (which includes a Ready-Mix Concrete Plant), aggregate stockpiling, and outside storage of aggregate materials”. Page 37 3 4 Pre-Consultation Meeting Request for Site Plan Application In February 2023, Sunrock submitted a request to the Municipality of Clarington for a pre-consultation meeting for the Site Plan Application to establish a Ready-Mix Concrete Plant on the property which is permitted in the zoning. There is no zoning provision that requires the property to have an active ARA Licence in order to permit aggregate-related uses such as a Ready-Mix Concrete Plant. In May 2023, Clarington Planning Staff scheduled the Site Plan pre-consultation meeting for June 1, 2023. On May 31, 2023, one-day before the scheduled pre-consultation meeting, planning staff cancelled the meeting. Planning staff provided a letter to Sunrock stating that the Greenbelt Plan, regional and local official plans no longer permit Sunrock’s proposed Ready-Mix Concrete Plant, despite the zoning permitting the use. In July 2023, Sunrock obtained a legal opinion that confirms that the existing zoning of the property permits a Ready-Mix Concrete Plant. This legal opinion was circulated to the Municipality and Region. A copy of the legal opinion is attached to this correspondence. Sunrock has made several attempts to schedule the pre-consultation meeting for the Site Plan application. On September 18, 2023, Planning staff provided a letter indicating that they were waiting on further information from the Region’s Planning Department on the requirement of a Regional Official Plan Amendment. At this time, no response from Clarington or Regional Planning staff has been provided to Sunrock. On October 23, 2023 the property owner, Ron Robinson, received notice that a Zoning By-Law Amendment was proposed by the Municipality of Clarington to remove the M3 Zoning permissions from the property. Given that the Municipality is currently in the process of completing their Comprehensive Zoning By- Law Review and Update (Zone Clarington Project), it is unclear why the Municipality would initiate a separate process specifically for the Extractive Industrial (M3) Zone. In addition, the majority of the Aggregate Resources Act Licence for the property was removed in 2006 – 17 years ago. We question the timing of this Zoning By-Law Amendment relative to Sunrock’s request for a pre-consultation meeting earlier this year for the proposed Ready-Mix Concrete Plant. 5 Closing The property located at 4601 Bethesda Road has a long-standing history of aggregate and aggregate- related uses and continues to be used for aggregate stockpiling and outside storage of aggregate materials as permitted by the current M3 Zone. The majority of the property remains in a disturbed condition. In partnership with the landowner, Sunrock wishes to establish a Ready-Mix Concrete Plant on the property, as permitted by the M3 Zone, and has made repeated attempts to schedule a pre- consultation meeting for a Site Plan Application. We respectfully request that Council maintain the current M3 Zoning applicable to 4601 Bethesda Road. This will allow the existing aggregate-related uses to continue on the site and maintain the Page 38 4 zoning permission for the Ready-Mix Concrete Plant. The proposed Sunrock Ready-Mix Concrete Plant will create new jobs and will be used to support the substantial growth occurring in the Clarington Area, by supplying an essential construction material for housing and infrastructure projects in a strategic, close-to-market location. We also request to be notified of the Municipality’s decision on this Zoning By-Law Amendment and any other future meetings related to ZBA2023-0013. Yours truly, MHBC Caitlin Port, MES, MCIP RPP cc. Municipality of Clarington Clerk Lino Trombino, Region of Durham Alex Culpeper, Tracy Davis, Jeremy Lee, Sunrock Canada Building Materials Kim Mullin, Wood Bull LLP Neal DeRuyter, MHBC Attach Legal Opinion for M3 Zoning Permitted uses at 4601 Bethesda Road Sunrock Ready-Mix Concrete Plant Project and Property Overview Summary Page 39 Kim Mullin Direct: (416) 203-5633 kmullin@woodbull.ca 65 Queen Street West Suite 1400 Toronto Ontario M5H 2M5 T (416) 203-7160 F (416) 203-8324 www.woodbull.ca 28 July 2023 To Whom it May Concern: Dear Sirs/Mesdames: Re: 4601 Bethesda Road, Clarington We represent The Sunrock Group (“Sunrock”) with respect to its plan to establish a ready-mix concrete plant on lands known as 4601 Bethesda Road in the Municipality of Clarington (the “Property”). We understand that planning staff at the Municipality of Clarington have expressed the view that Sunrock’s proposed use of the Property is not permitted because the Aggregate Resources Act licence that previously applied to the Property was revoked. That position is incorrect, for the following reasons. The Property is zoned Extractive Industrial (M3) in Clarington Zoning By-law 84-63. The permitted uses in the M3 zone include a “processing plant – aggregate”, aggregate stockpiling, outside storage of aggregate materials, a sand and gravel pit, and a quarry. Notably, these uses are all permitted as stand- alone uses. In other words, a processing plant does not need to be accessory to a sand and gravel pit or a quarry. The term “processing plant – aggregate” is defined as: Shall mean equipment for the crushing, screening or washing of sand and gravel aggregate materials, or concrete batching plant, but not include a cement manufacturing plant or an asphalt plant. A ready-mix concrete plant would fall within the meaning of the above definition. Accordingly, the Zoning By-law permits Sunrock’s proposed use. Staff’s position that the use is not permitted is largely based on policies in the Region of Durham Official Plan and the Clarington Official Plan which provide that, once a site is no longer subject to a licence under the Aggregate Resources Act, any official plan designation or overlay which permits aggregate uses is deleted. While we acknowledge that those policies exist, the Municipality has not amended its Zoning By-law to reflect the policies. Accordingly, while the Region and Clarington Official Plans appear not to permit Sunrock’s proposed use, the Zoning By-law does. Page 40 28 July 2023 - 2 - The law is clear that it is the zoning by-law which determines the permitted uses on a property, and that where there is a conflict between official plan policies and the provisions of an in-force zoning by-law, the zoning by-law provisions prevail. This principle is based on subsection 24(4) of the Planning Act. That section provides that, where a zoning by-law is passed by a municipality in which an official plan is in effect and the zoning by-law is not appealed, or is appealed and the appeal is disposed of, the zoning by-law is “conclusively deemed to be in conformity with the official plan”. The Ontario Court of Appeal confirmed this principle in Said v. Maurice Duval Excavation Inc.1. In that case there was an inconsistency between the official plan, which did not permit a sand and gravel pit on a property, and the zoning by-law, which did. The Court found that the inconsistency was resolved by reference to s. 24(4) and that because there was no appeal of the zoning by-law, the zoning by-law was deemed to conform to the official plan and was “valid and operative according to its terms.” The same reasoning applies here. The conflict between the Zoning By-law on the one hand, and the Region and Clarington Official Plans, on the other, is resolved by s. 24(4), which deems the Zoning By- law to conform with both. Accordingly, the Zoning By-law is operative and since the Zoning By-law permits the use of the Property for a ready-mix concrete plant, the use is permitted. Yours very truly, Wood Bull LLP Kim Mullin KM/km 1 2006 CarswellOnt 3773, 25 MPLR (4th) 172 (CA) Page 41 Page 1 4601 Bethesda Road Project Summary Municipality of Clarington, Region of Durham August 2, 2023 The Sunrock Group Headquartered in Raleigh, NC, The Sunrock Group is a leading privately held construction materials supplier with over 70 years of experience. The Sunrock Group provides products that are vital to the construction of highways, airports, sewers, waterworks, commercial and residential buildings, and railroads. In 2019, The Sunrock Group moved into the Canadian market by acquiring an existing quarry with 567ha (1,400 acres) of high-quality aggregate reserves located in Burnt River, Ontario. In 2020, The Sunrock Group acquired Spartan Ready-Mix Inc. and an interest in a Joint Venture Sand and Gravel operation in Uxbridge, Ontario. In 2021, Sunrock Canada Headquarters opened in Uxbridge, Ontario. In March of that year, The Sunrock Group also acquired Fenelon Ready-Mix located in Fenelon Falls, Kawartha Lakes, Ontario. The Sunrock Group now employs over 50 team members in the Canadian Market. Sunrock’s anticipated initial capital investment in the Municipality of Clarington over the next 5 years is expected to exceed 20 million dollars (e.g. equipment, machinery, trucks etc.). Sunrock will hire local talent to build the local community. For example, our Uxbridge plant has five full team members at the plant and 15 professional delivery drivers. The goal is to be the preferred supplier, employer, and neighbor in the communities in which they operate. Page 42 Page 2 Project Description • Sunrock intends to establish a Ready-Mix Concrete (RMC) plant and accessory uses on the on the property located at 4601 Bethesda Road • A Ready-Mix Concrete (RMC) plant is a batch plant where ready to use concrete is manufactured according to each specific job requirement to meet a wide range of applications and construction requirements. The plant will be fully contained within a building. See Figure 1. • The proposed RMC plant will provide high-quality concrete products close-to-market to support construction and infrastructure projects in the rapidly growing Greater Toronto Area. • There is an ongoing need and demand for concrete products in the Clarington area. Property Description & Location • Sunrock has entered into an agreement to purchase 4601 Bethesda Road in the Municipality of Clarington • The property is currently zoned Extractive Industrial (M3) in the Clarington Zoning By- Law. The M3 zone permits an aggregate processing plant, which is defined as including a concrete batching plant. A Zoning By-Law Amendment is not required to permit the proposed use. See Figure 2 (next page). • The property was formerly licensed under the Aggregate Resources Act and the majority of the property is disturbed. The property continues to be used for aggregate storage and stockpiling uses • The property is located in a strategic close-to-market location in close proximity to major transportation routes and designated growth areas. • The property is in a rural location, has a history of industrial use, and is well separated from adjacent uses. This is an ideal location for a concrete ready-mix plant Planning Overview and Consultation with the Municipality of Clarington • The property is already zoned to permit the proposed use; therefore, only a Site Plan Application/Approval is required from the Municipality of Clarington. Figure 1: Sunrock Canada Fenlon Falls, Ontario Ready-Mix Concrete Plant Page 43 Page 3 • Sunrock has engaged a Consulting team (WSP and MHBC) to prepare the technical work for the Site Plan application, including: Natural Environment work, detailed site engineering, hydrogegology, noise and air quality reports, transportation etc. • In February 2023, Sunrock’s planning consultants, MHBC, submitted a request to Clarington for a pre- consultation meeting for the Site Plan Application. • In May 2023, Clarington Planning Staff scheduled the Site Plan pre-consultation meeting to be held on June 1st, 2023. • On May 31st, 2023, Clarington Planning staff cancelled the June 1st pre-consultation meeting. Clarington Planning staff provided a letter to MHBC advising that they could not support the site plan approval application. • The letter provided by the Clarington Planning department states that the Greenbelt Plan, regional and local official plan no longer permit Sunrock’s proposed use, despite existing zoning permissions that allow a RMC plant on the lands. Sunrock has obtained a legal opinion that confirms that the existing zoning of the property permits a RMC Plant. Figure 2: Current Property Zoning (M3) Page 44 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#: 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. Page 45 Municipality of Clarington Page 2 Report PDS-067-23 Report Overview 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, Off icial 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. Page 46 Municipality of Clarington Page 3 Report PDS-067-23 Figure 1: Key Map Staff Considerations 1.6 The policies of the Official Plan allow the ‘Aggregate Extraction Area’ overlay designation to be deleted from the Official Plan schedules when a license has been surrendered or revoked, without the need for a formal amendment. Accordingly, the ‘Aggregate Extraction Area’ overlay in the Official Plan for the following pits have been deleted:  Pit 3209 located at 2920 Taunton Road East was surrendered and Pit 3397 located at 4601 Bethesda Road was revoked, both were subsequently deleted from the Official Plan (refer to location #6 in Figure 1 - Key Map and refer to Attachment 1 - Figure 1); Page 47 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 bound ary (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,  Pit 3221 located at 3075 Maple Grove Road. Page 48 Municipality of Clarington Page 5 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 3.1 Notice of the public meeting was provided in accordance with the p rovisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Orono Times Newcastle Edition on October 25th, 2023 and the Orono Times on November 1st and 8th, 2023. Additionally, the notice of public meeting was m ailed 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. Page 49 Municipality of Clarington Page 6 Report PDS-067-23  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. Page 50 Municipality of Clarington Page 7 Report PDS-067-23 7. Conclusion 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 lpronk@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. Page 51 Attachment 1 – Report PDS-067-23 Figure 1: Pit 3209 located at 2920 Taunton Road and Pit 3397 located at 4601 Bethesda Road Page 52 Attachment 1 – Report PDS-067-23 Figure 2: 3224 located at 3061 Regional Road 20 Page 53 Attachment 1 – Report PDS-067-23 Figure 3: Pit 3240 located at 7465 Thompson Road Page 54 Attachment 1 – Report PDS-067-23 Figure 4: Pit 3223 located at 1640 Concession Road 10 Page 55 Attachment 1 – Report PDS-067-23 Figure 5: Pit 3198 located at 10057 Regional Road 57 Page 56 Attachment 1 – Report PDS-067-23 Figure 6: Pit 3302 located at 3060 Regional Road 20 Page 57 Attachment 1 – Report PDS-067-23 Figure 7: Pit 3221 located at 3375 Maple Grove Road Page 58 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: 1. Schedule ‘1B’ and ‘1D’ 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’, ‘1B’, ‘1C’ and ‘1D’ 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 Page 59 Page 60 Page 61 Page 62 Attachment 3 – PDS-067-23 C:\Program Files\eSCRIBE\TEMP\13301659669\13301659669,,,Attachment 3 PDS-067-23.docx 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 ‘E1’ 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 ‘MAOI (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 ‘MAOI (Minimum Area of Influence)’ as illustrated on Schedule ‘A-4’ attached hereto. Page 63 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 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 ZBA2023-0013 Planning and Development Committee November 13th, 2023 Lucy Pronk M.Sc., MCIP, RPP Principal Planner, Development Review Division Statutory Public Meeting Aggregate Extraction Zoning Refinement Page 70 •To amend the zone schedules of Zoning By -law 84-63 and 2005-109 to conform to the Municipality of Clarington Official Plan as it relates to eight (8) aggregate pits. •Not to consider individual development proposals or additional permitted uses on any of the subject properties. Purpose Page 71 Page 72 15.3.1 Aggregate Extraction Areas are shown as an overlay designation on Map A. At such time as the aggregate extraction license applicable to an Aggregate Extraction Area is revoked or surrendered,the overlay designation will be deleted without the necessity of further amendment to this Plan leaving the land subject to only the permanent designation shown on Map A.When the overlay designation is deleted,it is the policy of the Municipality to amend the Zoning By-law to delete aggregate extraction and associated uses as permitted uses on the subject lands, and further to incorporate appropriate designations in the zoning of the subject lands to implement this Plan. Protect the public and the environment from the potentially negative impacts of unregulated site work,noise,dust and traffic associated with aggregate extraction and related uses. M3 and AE zones are only introduced when a property is licensed for aggregate extraction,and so it is appropriate for them to be removed when the license is gone. Official Plan Page 73 Pit License Key Map Location Municipal Address Reason Zoning By-law Existing Zoning Proposed Zoning Agenda Page # #3223 1 1640 Concession 10 Zoning Boundary Adjustment 2005-109 ‘AE’‘EP’ ‘NL’ ‘MAOI’ 34 #3198 2 10057 RR 57 Zoning Boundary Adjustment 2005-109 ‘AE’‘EP’ ‘NL’ ‘MAOI’ 35 #3202 3 3060 RR 20 Zoning Boundary Adjustment 2005-109 ‘AE-1’ ‘A’ ‘EP’ ‘AE-1’36 #3224 4 3061 RR 20 Surrendered 2005-109 ‘AE’‘A’ & ‘MAOI’ 32 #3221 5 3375 Maple Grove Rd Zoning Boundary Adjustment 84-63 ‘M3’ & ‘A’‘M3’ & ‘A’37 #3209 6 2921 Taunton Rd Surrendered 84-63 ‘M3’‘A’ & ‘EP’31 #3397 6 4601 Bethesda Rd Revoked 2005-109 ‘M3’‘A’ & ‘EP’31 #3240 7 7465 Thompson Rd Surrendered 2005-109 & 84-63 ‘AE’ & ‘M3’ ‘A’ & ‘EP’33 All eight (8) pits are located within the Greenbelt. Page 74 •Notice was posted in the Orono Times and the Orono Times Newcastle Edition,on the Municipality’s website and mailed to the property owners and residents with 300 metres of the subject properties. •Comments were received from 5 residents, 4 property owners and the Central Lake Ontario Conservation Authority (CLOCA). Comments included: •Questions about the nature of the amendment; •Complaints about noise, dust and other nuisances related to activities at 4601 Bethesda Road; •Requests from property owners at 4601 Bethesda Road and 3061 Regional Road 20 to maintain or expand the permitted uses on their lands; and, •CLOCA requested a deferral of their lands (2921 Taunton Road) to allow further consideration of possible uses. •All interested parties will be notified of Councils decision. Comments Page 75 •To approve the proposed amendments to amend the zone schedules of Zoning By-law 84-63 and 2005-109 to conform to the Municipality of Clarington Official Plan. Recommendation Page 76 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 905-623-3379 Toll Free: 1-800-563-1195 TTY: 1-844-790-1599 info@clarington.net www.clarington.net Thank you Page 77 From:Patenaude, Lindsey To:Patenaude, Lindsey Subject:FW: Confidential -LGS-032-23 - OLT Appeal - BV Courtice Partners GP Ltd. Date:Monday, November 13, 2023 3:28:00 PM Attachments:image.png image.png image.png From: Libby Racansky <libbyrac@gmail.com> Sent: Friday, November 10, 2023 5:50 PM To: ClerksExternalEmail <clerks@clarington.net> Cc: Mayor Shared Mailbox <mayor@clarington.net>; Woo, Willie <WWoo@clarington.net>; Elhajjeh, Sami <SElhajjeh@clarington.net>; Traill, Corinna <CTraill@clarington.net>; Zwart, Margaret <MZwart@clarington.net>; Anderson, Granville <GAnderson@clarington.net>; Rang, Lloyd <LRang@clarington.net> Subject: Confidential -LGS-032-23 - OLT Appeal - BV Courtice Partners GP Ltd. EXTERNAL To Clerks: Good morning, Could my correspondence be referred to Council for their decision on Irem 11. - Confidential matter to point 7. Items for Separate Items for Separate Discussion (I guess), please? To all: Resending. I have finally found somebody who was fixing my house and the big hole all around this wall after the vibration of the machines of developer Anderson - Headgate - former owner of a site south of me. I could not concentrate on my email sent to Clerks at 1:50 pm and I didn't notice that some pics were not displayed. I have just finished cleaning up- at 5:20. pm. Please, could you still add my mail to Item 7. Page 78 Anderdson was not allowed to build there because of its sensitivity - not too long after he started building around Duval. His land on the map - narrow land to the east and entering PSW, on which he is planning to build in spite of Land Division decision. To Council, LGS-032-23 - OLT Appeal - BV Courtice Partners GP Ltd. is included on Agenda on Nov. 13, 2023 Planning meeting without public consultation or knowledge on this item. Even though I am interested in this application, this meeting will not give me any idea what will happen, or what will and will not be approved without public knowledge or participation. This application will be confidentially dealt with. Many residents in Hancock Neighbourhood are not aware of this development when I meet with them. In fact, Public is in the dark about any development in general. 1 or 2 public meetings is not enough time for the public to give any input, until it will end up tragically, just like with the Page 79 case of Greenbelt lands (See Staff Report 6, 6.2.1 from the same Council meeting about missing public consultation or input). Safety, health and geology of the area in question (whole Courtice north) is always the last thing on the mind of the developer(s) or Council/Planners. https://thepointer.com/article/2023-11-07/leaked-letter-to-mayors-suggests-pcs-learned- little-from-greenbelt-boundary-expansion-scandals Nobody takes this fact seriously that Lake Iroquois Shoreline Courtice north - from Oshawa Townline to the Green Road is not suitable for higher densities - not because I live there, but from all EISs, and other reports. We are playing here with fire. Runoff instead of infiltration into ground is now everywhere. Wetness or dampness create breeding ground for mosquitoes, ticka, red ants, variants of Covid 19, etc. Page 80 Enlargement of waterbasin - blue colour on green background of LIS. Sorry it is not a very clear pic. I do not have time to play with the enlargement.This basin underlain by clay is found nowhere else. Opposite enlargement of - sensitivity. Yesterday I found another black-legged tick with its body filled with her blood on my dog. How many people will be affected by Lyme disease??? Page 81 Ticks of different sizes- on right side -tick before biting and sucking blood from the victim Their skin is getting harder and immune to pesticides and cold weather. So much for health and safety protection within the urban boundary. Other pests have the same immunity. With little but warmer weather in fall and winter we even have winter mosquitos here, just like north Ontario have - pestering wildlife and people. How can we get any info like servicing, possible road extensions, protection of PSW??? What interest is there of Tannenbaum represented by Lawyer A. Frank for Nash Road Development? It doesn't make any sense to us, unless he owns some surrounding lands near Partners GP site.. Is it part of the 800 other lands not mentioned in the Greenbelt removal? I have attended many OMB hearings, but never ever the public was not informed about specific applications/details. Page 82 I am in support of 6.2.1 PDS-065-23 Report on Proposal to Return of Lands to the Greenbelt. Hopefully, Council will approve this Report and never ever allow ANY development going ahead without public knowledge or input just as BV Courtice Partners GP Ltd. development (Confidential matter). Just think about this - how much can you make up from Public Sign on Courtice Road -Hancock Neighbourhood. There was NO public meeting on this application. Thank you, Libby Racansky Page 83