HomeMy WebLinkAboutPDS-020-24Staff Report
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Report To: Planning and Development Committee
Date of Meeting: May 13, 2024 Report Number: PDS-020-24
Submitted By:
Reviewed By:
Authored by:
File Number:
Report Subject:
Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology
Lucy Pronk, Principal Planner
ZBA2023-0013
Resolution #: PD-028-24
By-law Number:
General Amendment to Zoning By-law 84-63 an 2005-109 – Aggregate
Extraction Area Refinement
Recommendations:
1.That Report PDS-020-24, and any related delegations or communication items, be
received;
2.That the By-laws attached to Report PDS-020-24, as Attachments Two (2) and Three
(3), be approved; and
3.That all interested parties listed in Report PDS-020-24, and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report PDS-020-24
Report Overview
The proposed municipally initiated amendments to Zoning By-law 84-63 and 2005-109 seek
to modify the existing schedules to accurately reflect eight aggregate pit licenses. The
proposed amendments are administrative in nature and no new development or site alteration
is proposed. Staff recommend that the zoning by-law schedule amendments 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 overlay designation in the Official Plan is deleted, and the Zoning
By-laws must be amended to delete aggregate pit and associated uses a s permitted uses
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 (ZBA File No. 2008-0004 and By-law #2009-068).
Since 2009, four (4) pit licenses have been surrendered or revoked.
1.4 During Staff’s review of the active aggregate pit licenses in Clarington, the need for zoning
mapping revisions was identified on four (4) additional existing, active pit licenses.
1.5 The foregoing necessitates zoning by-law amendments to eight (8) municipal addresses
shown in Figure 1 – Key Map.
Municipality of Clarington Page 3
Report PDS-020-24
Figure 1: Key Map
2.Official Plan and Zoning By-law
2.1 The policies of the Official Plan allow for 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 certain pits has been removed.
2.2 In addition to the surrendered or revoked licenses the zoning boundaries of certain pits
will be refined to align with their existing licenses. The eight (8) pits and the reason for the
Zoning By-law Amendment associated with each pit is outlined below.
Municipality of Clarington Page 4
Report PDS-020-24
Pit 3209, Map Location: Figure 1 Key Map – Location 6 (2920 Taunton Road East,
Bowmanville)
2.3 This pit license (see Attachment 1 Pit License Boundary – Figure 1) has been
surrendered and the ‘Aggregate Extraction Area’ overlay has been deleted from the
Official Plan.
2.4 The proposed amendment to Zoning By-law 84-63 would change the zoning from
Extractive Industrial (M3) to Holding - Agricultural ((H)A) and Holding - Environmental
Protection ((H)EP) to align with the Official Plan land use designations.
2.5 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
Pit 3397, Map Location: Figure 1 Key Map – Location 7 (4601 Bethesda Road,
Bowmanville)
2.6 This pit license (see Attachment 1 Pit License Boundary – Figure 2) has been revoked
and the ‘Aggregate Extraction Area’ overlay has been deleted from the Official Plan.
2.7 The proposed amendment to Zoning By-law 84-63 would change the zoning from
Extractive Industrial (M3) to Holding - Agricultural ((H)A) and Holding - Environmental
Protection ((H)EP) to align with the Official Plan land use designations.
2.8 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
Pit 3224 Map Location: Figure 1 Key Map – Location 4 (3061 Regional Road 20,
Bowmanville)
2.9 This pit license (see Attachment 1 Pit License Boundary – Figure 3) was surrendered,
and the ‘Aggregate Extraction Area’ overlay has been deleted from the Official Plan.
2.10 The proposed amendment to Zoning By-law 2005-109 would change the zoning from
Aggregate Extraction (AE) to Holding - Agricultural ((H)A) with the Minimum Area of
Influence (MAOI) overlay to align with the Official Plan land use designations.
2.11 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
Municipality of Clarington Page 5
Report PDS-020-24
Pit 3240, Map Location: Figure 1 Key Map – Location 8 (7465 Thompson Road, Kendal)
2.12 This pit license (see Attachment 1 Pit License Boundary – Figure 4) was surrendered
and the ‘Aggregate Extraction Area’ overlay has been deleted from the Official Plan.
2.13 The southern portion of the property is regulated by Zoning By-law 84-63 and the
northern portion of the property by Zoning By-law 2005-109.
2.14 The proposed amendment to Zoning By-law 84-63 would change the zoning from
Extractive Industrial (M3) to Holding – Agricultural (H)) with the Minimum Area of
Influence (MAOI) overlay and to Holding - Environmental Protection ((H)EP).
2.15 The proposed amendment to Zoning By-law 2005-109 would change the zoning from
Aggregate Extraction (AE) to Holding - Agricultural ((H)A) with the Minimum Area of
Influence (MAOI) overlay and to Holding - Environmental Protection ((H)EP).
2.16 A holding provision will be applied to the property to ensure that a record of site
condition (RSC) is completed prior to the establishment of a more sensitive use.
2.17 The foregoing would align with the Official Plan land use designations.
Pit 3223, Map Location: Figure 1 Key Map – Location 1 (1640 Concession Road 10,
Blackstock)
2.18 Pit 3223 has an active pit license (see Attachment 1 Pit License Boundary – Figure 5).
2.19 The proposed amendment to Zoning By-law 2005-109 would change the zoning at the
northwest corner of the property to align with the current aggregate pit license and
Official Plan land use designations.
2.20 These lands would be rezoned from Aggregate Extraction (AE) to Environmental
Protection (EP), and Aggregate Extraction (AE) to Natural Linkage (NL) with the
Minimum Area of Influence (MAOI) overlay.
Pit 3198, Map Location: Figure 1 Key Map – Location 2 (10057 Bowmanville Avenue
(Regional Road 57), Blackstock)
2.21 Pit 3198 has an active pit license (see Attachment 1 Pit License Boundary – Figure 6).
2.22 The proposed amendment to Zoning By-law 2005-109 would revise the zoning at the
northeast corner and the eastern portion of the property to align with the current
aggregate pit license and the Official Plan land use designations.
2.23 These lands would be rezoned from Aggregate Extraction (AE) to Environmental
Protection (EP) and Natural Linkage (NL) with the Minimum Area of Influence (MAOI)
overlay.
Municipality of Clarington Page 6
Report PDS-020-24
Pit 3202, Map Location: Figure 1 Key Map – Location 3 (3060 Regional Road 20,
Bowmanville)
2.24 Pit 3202 has an active pit license (see Attachment 1 Pit License Boundary – Figure 7).
2.25 The proposed amendment to Zoning By-law 2005-109 would revise the zoning at the
northwestern and northeastern portions of the property to align with the current
aggregate pit license and the Official Plan ‘Aggregate Extraction Area’ overlay. These
lands would be rezoned from Environmental Protection (EP) to Aggregate Extraction
Exception (AE-1) and Agricultural (A) to Aggregate Extraction Exception (AE -1) to align
with aggregate pit license area.
Pit 3221, Map Location: Figure 1 Key Map – Location 5 (3075 Maple Grove Road,
Bowmanville)
2.26 Pit 3221 has an active pit license (see Attachment 1 Pit License Boundary – Figure 8).
The proposed amendment to Zoning By-law 84-63 would revise the Extractive Industrial
(M3) zone at the northern portion of the property and the southern portion of the
property to correspond with the active pit license. The northern portion would be
rezoned from Extractive Industrial (M3) to Agricultural (A) and the southern portion from
Agricultural (A) to Extractive Industrial (M3) to align with the aggregate pit license area
and the underlying Official Plan land use designation.
2.27 A chart outlining the above-noted information is outlined below in Figure 2 – Pit Location
and Zoning Information.
Municipality of Clarington Page 7
Report PDS-020-24
Pit
License
Key Map
Location
Municipal Address Reason Zoning
By-law
Existing
Zoning
Proposed
Zoning
#3223 1 1640 Concession Road 10 Boundary Adjustment 2005-109 ‘AE’ “EP’ “NL’
‘MAOI’
#3198 2 10057 Bowmanville
Avenue (RR 57)
Boundary Adjustment 2005-109 ‘AE’ ‘EP’ ‘NL’
‘MAOI’
#3202 3 3060 Regional Road 20 Boundary Adjustment 2005-109 ‘AE-1’ ‘A’
‘EP’
‘AE-1’
#3224 4 3061 Regional Road 20 Surrendered 2005-109 ‘AE’ ‘A’ ‘MAOI’
#3221 5 3075 Maple Grove Road Boundary Adjustment 84-63 ‘M3’ ‘A’ ‘M3’ ‘A’
#3209 6 2920 Taunton Road East Surrendered 84-63 ‘M3’ ‘A’ ‘EP’
#3397 7 4601 Bethesda Road Revoked 84-63 ‘M3’ ‘A’ ‘EP’
#3240 8 7465 Thompson Road Surrendered 2005-109
& 85-63
‘AE’ ‘M3’ ‘A’ ‘EP’
Table 1 – Pit Location and Zoning Information
Municipality of Clarington Page 8
Report PDS-020-24
2.28 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.
3. Public Notice and Submissions
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 p rovided 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 mailed to the
property owners and each landowner within 300 metres of each of the subject properties.
3.2 Staff have received 33 written comments regarding the proposed zoning by-law
amendment.
3.3 22 written comments related to Pit #3397 located at 4601 Bethesda Road:
Two of the submissions requested that the existing zoning remain on the
property. It is the Owner’s intent to explore the use of a ready-mix concrete
plant on the property.
The remaining 20 comments were in opposition to the lands being used
for a ready-mix concrete plant. Concerns regarding air quality, water
quality, noise, increased traffic, and the affect of a potential ready mix
concrete plant on wildlife were received.
Many of the comments noted support for the municipally initiated rezoning
to ensure that the lands are rezoned Agricultural (A) and Environmental
Protection (EP).
An online petition with 107 signatures was forwarded to the Municipality.
The petition outlined support for the proposed rezoning and opposition to
a ready-mix concrete plant.
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.
3.4 Staff have received one written comment for Pit #3224 located at 3061 Regional Road
20. There is a concern that the rezoning will result in the reclassification of the site’s soil
management plan. The comments also noted an interest in expanding the permitted uses
on their lands.
Municipality of Clarington Page 9
Report PDS-020-24
3.5 Staff have clarified that the material classification for filling the former pit would be
detailed through the soils management plan that would be required to support any
Planning Act application required to establish a commercial fill operation.
3.6 Staff have clarified that the proposed amendment is an administrative Official Plan
conformity exercise and not an opportunity to evaluate new development proposals or
new proposed uses on any of the subject properties.
3.7 Staff have received one inquiry for Pit #3202 located at 3060 Regional Road 20 and Pit
#3221 located at 3375 Maple Grove Road to confirm that the boundary realignment would
align with the existing pit licenses.
3.8 The purpose of the zoning by-law amendment on the above-noted properties is to
ensure that the zoning boundary aligns with the existing pit licenses.
3.9 Staff have received a submission 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 Durham Official Plan.
3.10 The proposed amendment is required to ensure that the zoning of the subject properties
conforms to the Clarington Official Plan. The Clarington Official Plan conforms to the
Regional Official Plan, Oak Ridges Moraine Conservation Plan and Greenbelt Plan.
3.11 CLOCA staff have provided comments on the proposed zoning by-law amendments.
CLOCA staff had inquiries related to how the proposed zoning was determined on the
properties.
3.12 The zone categories were determined based on the Clarington Official Plan land use
designations. The zone categories will align with these land use designations.
3.13 Staff have received eight submissions that were general in nature (i.e. asking for more
information on the nature of the amendment, how to participate in the process, or
expressing general environmental concerns in Clarington).
3.14 Four people spoke at the statutory Public Meeting held on November 13, 2023.
Municipality of Clarington Page 10
Report PDS-020-24
3.15 Rachelle Larocque, of the Biglieri Group, spoke on behalf of the Owner of Pit #3224
located at 3061 Regional Road 20. Ms. Larocque stated that the pit license has been
surrendered and that rehabilitation measures are ongoing on the property. The concern
is that an alternate table of soil will be required if the zoning is changed from Aggregate
Extraction (AE) to Agricultural (A). Ms. Larocque noted that currently, the property is
subject to Table 3 soil criteria which allows the Owner to bring in clean fill. Ms. Larocque
is concerned that a reclassification to a higher table is not viable due to insurmountable
costs, thus making it difficult to become an active farm. During the delegation it was noted
that the Owner has submitted a municipal fill permit. Ms. Larocque requested that the AE
zone remain on the property for approximately 3-5 more years to complete the
rehabilitation to arable land.
3.16 The pit license on this property was surrendered on December 10th, 2020. To surrender
the pit license, the property completed its rehabilitation plan in accordance with its
Aggregate Resources Act (ARA) license. The state of final rehabilitation was accepted
by the MNRF on November 20, 2020. Per Ministry of Natural Resources and Forestry
(MNRF) requirements, the site has been ‘rehabilitated.’ Regardless of the zone
category, Staff consider the amount of fill required to fill the former pit resulting from
extraction activities a Commercial Fill Operation. Per Policy 3.6.5 of the Official Plan,
commercial fill operations are only permitted by amendment to the Official Plan. Should
the property owner wish to establish a new commercial fill operation on the subject
property, a separate public Planning Act application process is required.
3.17 Ron Robinson, the license holder for Pit #3221 located at 3075 Maple Grove Road
spoke at the Public Meeting. Mr. Robinson spoke about a cellular tower that is located
on the property. Mr. Robinson noted that he was not aware that the Municipality is not
the approval authority for cellular towers. The federal government regulates cellular
towers, and they are exempt from provincial or municipal processes. Mr. Robinson
notes that through consultation with the MNRF, the Municipality and consultants that a
boundary realignment to exclude a 2500 square foot parcel of land that the tower
occupies would occur. Mr. Robinson requested that the proposed rezoning exclude the
tower on the property.
3.18 The proposed boundary realignment would not change the zoning of the property where
the telecommunication tower is located. Telecommunication towers are regulated by
Federal legislation. The Municipality’s Antenna Systems Protocol does not include
preferred zone categories for telecommunication towers. Where co -location is not
possible, the Municipality prefers sites for new towers to be within industrial, commercial
or non-residential areas. As such, realigning the zone boundary to exclude the
telecommunication tower is not required.
Municipality of Clarington Page 11
Report PDS-020-24
3.19 Mr. Robinson also spoke on Pit #3224 located at 3061 Regional Road 20. He noted that
in Clarington there is a concern with the legal management of clean fill disposal. Mr.
Robinson has interest in obtaining and permitting a legal commercial fill operation. Mr.
Robinson indicated that this was a priority topic when the Municipality first passed a
Municipal Fill By-law. He has indicated that for two years the Region of Durham has
approached the license holder about utilizing the site for their excess fill however, that
the Region requires proof of a permit. Mr. Robinson has stated that he has applied for a
permit with the Municipality but has not received a response. Mr. Robinson stated that it
was not made clear to the license holder that once the license is surrendered that the
zoning would revert to Agricultural (A) or Environmental Protection (EP), which he states
eliminates the ability to fill the mine cavity. Mr. Robinson stated that the Table standards
are different based on zoning categories. His request was to defer the effective date of
the rezoning to fill in the pit.
3.20 Staff have clarified that regardless of the zone category, Staff consider the amount of fill
required to fill the former pit resulting from extraction activities a Commercial Fill
Operation. Per Policy 3.6.5 of the Official Plan, commercial fill operations are only
permitted by amendment to the Official Plan. Should the property owner wish to
establish a commercial fill operation on the subject property, a separate public Planning
Act application process is required.
3.21 Mr. Robinson also spoke on Pit #3397 located at 4601 Bethesda Road. Mr. Robinson
stated that in 2016, the Municipality publicly tendered the property. He notes that this
site was discussed as an ideal site for meeting the fill by-law permitting requirements.
He stated that the aggregate license was surrendered to receive the fill permit. Mr.
Robinson noted that he was not told that if the license was surrendered that the zoning
would revert back to Agricultural (A) or Environmental Protection (EP). He expressed
that as a result, the pit cannot be filled. Mr. Robinson also stated that the MECP,
through Regulation 406/19, has recommended that after reuse of excess fill on site the
next best off-site use is the filling in of pits and states that this rezoning would be
contrary to this regulation. Mr. Robinson has entered into an agreement with Sunrock
group to build a ready-mix cement plant. He notes that in summary, in rezoning the
property the obligations of a Record of Site Condition (RSC) must be met when a
property is rezoned to a more sensitive land use such as an Agricultural or
Environmental Protection land use. He requested to defer this report and allow the
property to continue to be used under the current zoning and eliminate the cost or need
for an RSC.
3.22 Staff have clarified that regardless of the zone category, Staff consider the amount of fill
required to fill the former pit resulting from extraction activities a Commercial Fill
Operation. Per Policy 3.6.5 of the Official Plan, commercial fill operations are only
permitted by amendment to the Official Plan. Should the property owner wish to
establish a commercial fill operation on the subject property, a separate public Planning
Act application process is required.
Municipality of Clarington Page 12
Report PDS-020-24
3.23 PART IV Section 11(2) of O.Reg. 153/04 Records of Site Condition (O. Reg. to the
Environmental Protection Act) speaks to a change in the zoning of the property under a
municipal by-law not being considered a change in use. However, Staff have applied a
holding provision to the proposed by-law amendment for the four (4) properties where
the Agricultural (A) and Environmental Protection zones are being reintroduced in order
to ensure that in accordance with Part IV Section 14 of O.Reg. 153/04 Records of Site
Condition (O. Reg to the Environmental Protection Act) a record of site condition is
completed prior to the establishment of a more sensitive use. This applies to Pit #3209,
Pit #3397, Pit #3224, and Pit #3240. These pits licenses have all been surrendered or
revoked.
3.24 Staff have clarified that the proposed amendment is an administrative Official Plan
conformity exercise and not an opportunity to evaluate new deve lopment proposals or
uses on any of the subject properties.
3.25 Kaitlin Port, of MHBC Planning, spoke on behalf of Sunrock Canada Building Materials
on Pit #3397 located at 4601 Bethesda Road. Ms. Port expressed concerns with the
proposed rezoning. Ms. Port requested that the current Extractive Industrial (M3) zoning
remain on this property. Sunrock Canada plans to make a capital investment of
approximately 20 million dollars over the next five years to establish a ready-mix concrete
plant on the property. Ms. Port noted that the current zoning permits the concrete plant
use on the property subject to site plan approval. Ms. Port notes that the property has a
longstanding history of industrial and aggregate-related uses and that the Municipality of
Clarington sold this property in 2016 without rezoning the property. Ms. Port notes that in
February of 2023, Sunrock Canada submitted a request to the Municipality of Clarington
for a pre-consultation meeting. Ms. Port expressed concern that to date , a pre-
consultation meeting had not occurred. She stated that a legal planning opinion was
submitted to the Municipality of Clarington and the Region of Durham , indicating that a
ready-use concrete plant is permitted use on the property. Ms. Port notes that the
refinement of the M3 boundary could have been addressed through the Zone Clarington
process which would have required public input and consultation. Ms. Port requested that
the Planning and Development Committee not recommend the a pproval of the rezoning
of the property located at 4601 Bethesda Road.
Municipality of Clarington Page 13
Report PDS-020-24
3.26 On February 22, 2023, a request for a pre-consultation meeting for the above-noted
property was submitted to the Municipality. A letter, dated May 31, 2023, was sent to the
applicant indicating that because the Region had determined that a Regional Official
Plan Amendment (ROPA) was required that the pre-consultation meeting was
considered premature and thus was cancelled. After further consideration, and after
receiving the legal opinion letter dated July 28, 2023, the Region on September 28,
2023, determined a ROPA was not required. The applicant has not submitted another
request for a pre-consultation meeting.
3.27 Rege Herron, the property owner adjacent to Pit # 3397 located at 4601 Bethesda Road
spoke at the meeting. Mr. Herron supports the municipally initiated rezoning. Mr. Herron
notes that this pit flows into Soper Creek. Mr. Herron has significant concerns with the
Owner’s proposal for a ready-mix concrete plant at 4601 Bethesda Road. Mr. Herron
notes that he is concerned with dust, noise and traffic that could result from a ready-mix
concrete plant. Mr. Herron also has concerns for his water quality because of the proximity
of his well to 4601 Bethesda Road.
3.28 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.
4. Department and Agency Comments
4.1 No comments have been received from departments and agencies.
5. Financial Considerations
Not Applicable.
6. Strategic Plan
The proposed zoning by-law amendment is consistent with the Clarington Strategic Plan
2024-2027. Clarington’s Strategic Plan prioritizes communicating with residents about the
planning process and includes proactively managing community safety. A statutory Public
Meeting was held to explain and provide an opportunity for comments on the proposed
zoning by-law amendment. The proposed amendment is technical in nature. It is an
Official Plan conformity exercise to protect the public interest.
7. Concurrence
Not Applicable.
Municipality of Clarington Page 14
Report PDS-020-24
8. Conclusion
It is respectfully recommended that Council approve the Zoning By-law Amendments
contained in Attachments 2and 3 to modify the schedules of Zoning By-laws 84-63 and
2005-109 to accurately reflect eight (8) existing aggregate pit licenses. The proposed
amendments are administrative in nature and no development or site alteration is
proposed.
Staff Contact: Lucy Pronk, Principal Planner, 905-623-3379 ext. 2314 or lpronk@clarington.net.
Attachments:
Attachment 1 - Subject Property Pit License Boundaries
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-020-24
Figure 1: Pit 3209 located at 2920 Taunton Road and Pit 3397 located at 4601
Bethesda Road
Figure 2: 3224 located at 3061 Regional Road 20
Figure 3: Pit 3240 located at 7465 Thompson Road
Figure 4: Pit 3223 located at 1640 Concession Road 10
Figure 5: Pit 3198 located at 10057 Regional Road 57
Figure 6: Pit 3302 located at 3060 Regional Road 20
Figure 7: Pit 3221 located at 3375 Maple Grove Road
C:\Program Files\eSCRIBE\TEMP\9562938422\9562938422,,,Attachment 2 to Report PDS-020-24.docx
Attachment 2 to
PDS-020-24
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 2023-0013;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule ‘1’ to By-law 84-63, as amended, is hereby further amended by
changing the zone from ‘Extractive Industrial (M3) Zone’ to ‘Agricultural ((H)A)
Zone - holding’ and ‘Environmental Protection ((H)EP) Zone - holding’ as
illustrated on the attached Schedule ‘A-1’ hereto.
2. Schedule ‘1’ to By-law 84-63, as amended, is hereby further amended by
changing the zone from ‘Extractive Industrial (M3) Zone’ to ‘Agricultural ((H)A )
Zone - holding’ and ‘Environmental Protection ((H)EP) Zone - holding’ as
illustrated on the attached Schedule ‘A-2’ hereto.
3. Schedule ‘2’ to By-law 84-63, as amended, is hereby further amended by
changing the zone from ‘Extractive Industrial (M3) Zone’ to ‘Agricultural ((H)A)
Zone - holding’ and ‘Environmental Protection ((H)EP) Zone - holding’ as
illustrated on the attached Schedule ‘A-3’ hereto.
4. Schedule ‘1’ to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from ‘Extractive Industrial (M3) Zone’ to
‘Agricultural (A) Zone’ and ‘Extractive Industrial (M3) Zone’ as illustrated on the
attached Schedule ‘A-4’ hereto.
5. Schedule ‘A-1’, ‘A-2’, ‘A-3’ and ‘A-4’ attached hereto shall form part of this By-
law.
6. The Holding Symbol shall not be removed until a Record of Site Condition
(RSC) has been filed in the Environmental Site Registry that indicates that the
lands are suitable for the development of sensitive land uses, to the satisfaction
of the Planning and Infrastructure Services Department.
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 ____________, 2024
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
Attachment 3 to
PDS-020-24
C:\Program Files\eSCRIBE\TEMP\9564238050\9564238050,,,Attachment 3 to Report PDS-020-24.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, RS.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 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 ZBA2023-0013;
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 from ‘Aggregate Extraction (AE) Zone’ to
'Agricultural ((H)A) Zone - holding' with 'MAOI (Minimum Area of Influence)'
overlay as illustrated on Schedule ‘A-1’ attached hereto.
2. Schedule ‘E15’ and ‘E16’ to By-law 2005-109, as amended, is hereby further
amended by changing the zone from ‘Aggregate Extraction (AE) Zone’ to
‘Agricultural ((H)A) Zone - holding’, ‘Environmental Protection ((H)EP) Zone -
holding’ 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 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 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.
5. Schedule ‘E4’ and ‘E12’ to By-law 2005-109, as amended, is hereby further
amended by changing the zone 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. The Holding Symbol shall not be removed until a Record of Site Condition
(RSC) has been filed in the Environmental Site Registry that indicates that the
lands are suitable for the development of sensitive land uses, to the satisfaction
of the Planning and Infrastructure Services Department.
8. 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___
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Adrian Foster, Mayor
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June Gallagher, Municipal Clerk