HomeMy WebLinkAboutPD-107-96DN:DUFF- AGG.GPJHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Tuesday, July 2, 1996 Res.
Report #: PD- 107 -96 File #: OPA 95 -015 AND DEV 95 -084 By -law #%__' /
Subject: OFFICIAL PLAN AMENDMENT AND REZONING APP •
APPLICANTS: DUFFERIN AGGREGATES
PART •_ TOWNSHIP OF
FILE NOS.: • 0z
Recommendations:
1. THAT Report PD- 107 -96 be received:
2. THAT the Region of Durham be advised that the Municipality of Clarington offers
no objection to the amendment to the Region of Durham Official Plan;
3. THAT the application to amend By -law 84 -63 the Comprehensive Zoning By -law
of the former Town of Newcastle submitted by Dufferin Aggregates, to permit the
addition of a 4 hectare site to an existing licensed aggregate operation be
approved; and
4. THAT the Region of Durham Planning Department, and all interested parties listed
in this report and any delegation be advised of Committee and Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Skelton Brumwell and Associates Inc.
1.2 Owner: St. Lawrence Cement Inc., parent company of Dufferin
Aggregates
1.3 Regional OPA: From - Oak Ridges Moraine
To - Resources Extraction Area
1.4 Rezoning: From - Agricultural (A)
To - Resources Extraction Area (M3)
1.5 Area: 4 hectares
2. LOCATION
2.1 The subject lands are located within Lot 27, Concession 10, former Township of
Clarke. More specifically, the southern boundary of the lands abut Concession
Road 10 and the easterly limits abuts an unopened road allowance between Lots
26 and 27. The north and west boundaries adjoin an existing licensed aggregate
operation owned and operation by St. Lawrence Cement Inc., referred to as
Dufferin Aggregates Main Plant Pit.
3. BACKGROUND
3.1 The Planning Department received the rezoning application on December 21,
1995. Staff informed the applicant that the Municipality would not process the
application until correspondence was received from the Region of Durham
indicating receipt of an Official Plan Amendment application. The Municipality
received notification from the Region regarding receipt of OPA 95 -015 on January
19, 1996.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Forested in part. The westerly portion has been used for the
placement of topsoil and overburden to create a berm. The
topsoil is from extraction activities on lands to the west.
4.2 Surrounding Uses: East - forest and successive vegetation growth
West - active extraction operation
South - forest
North - active extraction operation
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Region Official Plan, the subject lands are designated Oak
Ridges Moraine. The Regional Plan recognizes that the Moraine possesses
substantial aggregate resources. Regardless, aggregate extraction is only
permitted by amendment to the Plan. Section 14.3.5. states that "amendment
applications located within the Oak Ridges Moraine as shown on Map 'A' shall not
be considered by Regional Council unless the studies contemplated by the
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Provincial "Implementation Guidelines for the Oak Ridges Moraine for the Greater
Toronto Area have been completed or the application meets the intent of the
Guidelines as determined by the Ministries of Natural Resources, Municipal Affairs
and Environment and Energy.
5.2 Within the Council adopted Clarington Official Plan, the subject lands are
designated as Oak Ridges Moraine. Expansion to existing aggregate extraction
operations are permitted by amendment to the Plan. The subject applications
were submitted prior to Council's adoption of the Plan and therefore an
amendment to the Clarington Official Plan is not required.
The Council Adopted Clarington Official Plan is now before the Region of Durham
for approval. As such, the type of approval for this application is dependant on
the timing of approvals for the Clarington Official Plan. Two options are available
and are as follows:
1) If the site specific Official Plan Amendment to the Regional Plan is granted
prior to approval of the Clarington Official Plan, the Region will modify the
Official Plan to bring it in conformity with the Durham Plan.
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2. If the Clarington Official Plan is approved prior to approval of this site
specific amendment to the Regional Plan, then designation of the lands will
be deferred until the outcome of the Regional Official Plan amendment is
established, at which time the Clarington Plan will be modified and
approved accordingly.
At the present time, Staff can only speculate that the Region will grant approval
of the Clarington Official Plan sometime in the fall.
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6.1 According to the Comprehensive Zoning By -law 84 -63, as amended of the former
Town of Newcastle, the subject lands are zoned "Agricultural (A) ". Lands so zoned
shall be used for farm and farm related uses. Aggregate extraction operations are
only permitted within the "Extractive Industrial (M3)" zones.
7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the
Planning Act the appropriate signage acknowledging the application was installed
on the subject lands. In addition, the appropriate notice was mailed to each
landowner within the prescribed distance.
7.2 There has been no written or verbal comments received from the public on this
application.
8. AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to
obtain comments from other agencies. The following departments /agencies in
providing comments offered no objection to the application as filed:
Municipality of Clarington Fire Department
• County of Victoria
• Township of Manvers
8.2 The Clarington Public Works noted that the applicant will be required to make
application for the temporary property access on Concession Road 10. The
temporary access is required for removal of trees. No permanent access will be
granted. Trucks and other vehicles associated with the existing operation will not
be permitted to use the temporary access.
59T ;'
Public Works, Parks Division has offered no objection to the application subject
to payment of 2% cash -in -lieu for parkland dedication, being credited to the
Parkland Reserve Account.
8.3 The Region of Durham Planning Department has requested that the amending by-
law not be passed until the Official Plan amendment application has been
considered.
8.4 The Region of Durham Works Department recommends that the development
proceed on private well and septic system.
8.5 The Ganaraska Region Conservation Authority noted that subject site is
surrounded on three sides by lands licensed for extraction. Although there will be
impacts to natural heritage values, the effects will be minimal due to the existing
surrounding land uses. The impacts will be temporary in nature as the site will be
rehabilitated.
The Authority is concerned the site will be used for stockpiling, storage of parts
and other equipment prior to extraction. Leaking fuel and fluids from the
equipment could result in groundwater contamination. The area where such
equipment is stored should be designed in such a way as to intercept and
contain the contaminants.
The Authority suggests that rehabilitation of the site should include final grades
which more closely resemble those typically found on the Oak Ridges Moraine,
to preserve the existing landscape.
8.6 The Ministry of Environment and Energy notes that the technical background
report prepared by the applicant's consultant conforms with Ministry guidelines
on hydrogeological assessment. The Ministry recognizes that the Report suggests
598
that the site is not located in a natural core area within the Oak Ridges Moraine
and that it is not identified as a significant feature. As such, the proposed
amendment does not conflict with the expression of provincial interest in the Oak
Ridges Moraine and therefore the Ministry offers no objection.
8.7 In a telephone conversation between the Ministry of Natural Resources and
Regional Planning Staff, the Ministry indicated they would not be commenting to
the Region on the Official Plan Amendment or the Municipality for the rezoning,
due to the lack of staff resources. However, Ministry Staff did indicate that all MNR
concerns will be addressed through appropriate conditions on the related
aggregate licence application.
9. STAFF COMMENTS
9.1 The applicant proposed to add a four (4) hectare site to their existing holdings for
future aggregate extraction. In the interim the lands will be used to store
equipment and stockpiling. No buildings or other structures are proposed on site.
As such, a site plan agreement with the Municipality is not required. However, the
applicants must submit a application to the Ministry of Natural Resources to
amend the existing license. Site details such as areas of stockpiling, equipment
storage and phasing for extraction will be addressed through the Ministry's
approval process. The applicants have submitted the amendment to the license
and it is currently being processed by the Ministry.
9.2 As mentioned earlier in this report, an amendment to the Clarington Official Plan
is not required for this application. However, the Plan has been approved by
Council and therefore is Council policy. As such, the Plan must be complied with.
Section 4.3.8. and 15.3.7 of the Clarington Official Plan require the submission of
an Environmental Impact Study and other appropriate documentation to
demonstrate that extraction can be carried out with minimal social and
environmental impacts and that all land use compatibility issues have been
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addressed. The Region of Durham is proposing to defer this policy as part of the
review process of the Clarington Official Plan.
The applicants . have prepared a "Technical Background Report" with their
application. This report was prepared for the Ministry of Natural Resource as a
requirement under the Aggregate Resources Act. The applicant has requested
that we accept this report as it applies to the intent of Sections 4.3.8 and 15.3.7
of the Clarington Official Plan.
9.2.1 The Technical Background Report
Staff have reviewed the Report in detail and note the following:
• no significant floral species were observed on site, nor does the Ministry
of Natural Resources have any record of rare of significant species in the
vicinity;
• a Natural Corridor area has been identified east of the site. It connects to
a Natural Core area north, both areas are licensed for extraction. The
movement of species in a north -south direction will be temporarily
removed, leaving a east -west corridor system south of the site;
the water table is located 10 metres below the proposed pit floor, therefore
no interference with existing local domestic wells is expected;
ground water monitoring will occur once extraction starts to confirm that
ground water quantity and quality are not affected by extraction activities
on the property;
changes in the surface water regime will be immeasurably small due to
infiltration;
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the Ministry of Citizenship, Culture and Recreation has no concerns
regarding cultural heritage resources on site;
traffic volumes on Regional Road 20 will not increase because there will be
no increase in annual tonnage;
all aggregate will leave the property through the existing north entrance;
Dufferin Aggregates Main Plant pit is screened by a berm and trees,
providing an barrier which improves the aesthetics of the area and reduces
noise and dust.
9.2.2 In addition, the Report notes that the site is located in among a number of
existing aggregate operations. Surrounding properties area are being held in
reserves for future extraction. The addition of these lands to their existing licensed
holdings is not viewed as having a measurable increase in impacts on
surrounding uses.
9.2.3 Precautions for potential contaminant leaks from fuel and chemicals for dust
control are already in place for the Main Plant pit. All operations in the Main Plant
pit are governed by Ministry of Environment and Energy guidelines for
maintenance and spills.
9.2.4 Upon review of the Technical Background Report, staff are satisfied that the report
meets the intent of the Section 15.3.7 and 4.3.8 of the Council Adopted Clarington
Official Plan.
9.3 Staff investigated the surrounding area, and have noted that nearest home is
approximately .6 kilometre, north -west of the site on Regional Road 20. Given the
site is surrounding by existing operations, which are adequately screened, and
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there will be no increase in truck traffic and the impact on local residents from the
additional lands may be insignificant.
10.1 The area surrounding the subject lands have been used for aggregate extraction
purposes for many years. The policies in the Regional Official Plan, Council
adopted Clarington Official Plan, and the province's interest in this area protect
it for future extraction activities. The addition of four hectares to an existing
operation is keeping within the intent of this objective.
In addition, the site will be added to an existing extraction operation, and will
result in minimal impact to surrounding uses. As such, staff would offer no
objection to the amendment to the Regional Official Plan or the amendment to the
Municipality's zoning by -law.
Respectfully submitted,
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Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CS *FW *df
24 June 1996
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
99 M11
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Interested parties to be notified of Council and Committee's decision:
Ms. Anne Guiot, Planner
Skelton Brumwell and Associates Inc.
151 Ferris Lane, Suite 500
Barrie, Ontario
L4M 6C1
Sarah B. Lowe
Properly and Resources Manager
Dufferin Aggregates
620 Wilson Avenue,
DOWNSVIEW, Ontario
M3K 2A4
Sergio Carbone
Dufferin Aggregates
Box 68
Milton, Ontario
L9T 2Y3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 96-
being a By -law to amend By -law 84 -63, the Comprehensive By -law for the former
Corporation of the Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, of the former Town of Newcastle in accordance with
Rezoning Application DEV 95 -084 to add an additional four (4) hectares to an existing
aggregate extraction operation for future extraction purposes;
AND WHEREAS said By -law shall be passed pursuant to Section 24(2) of the Planning
Act, whereby it would not come into effect until such time as the related Official Plan
Amendment to the Durham Regional Official Plan has received approval from the Ministry
of Municipal Affairs;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington
enacts as follows:
1, Schedule "2" to By -law 84 -63 as amended is hereby amended by changing the
zone category from:
"Agricultural (A) Zone" to "Extractive Industrial (M3) Zone
2. Schedule "A" attached hereto shall form part of the By -law.
3. This By -law shall come into effect on the date of the passing thereof subject to the
provisions of Section 24(2) and Section 34 of the Planning Act.
BY -LAW read a first time this day of 1996•
BY -LAW read a second time this day of 1996.
BY -LAW read a third time and finally passed this day of 1996.
MAYOR
CLERK
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This is Schedule "A' to By —law 96—
,
passed this day of , 1996 A.D.
LOT 27 CONCESSION 10
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