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HomeMy WebLinkAboutPDS-068-25Public Meeting and Recommendation 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: December 8, 2025 Report Number: PDS-068-25 Authored By: Submitted By: Reviewed By: File Number: Report Subject: Jacob Circo, Senior Planner Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO COPA2025-0015 and ZBA2025-0020 Resolution#: PD-116-25 Applications for Official Plan Amendment and Zoning By-law Amendment to permit a commercial fill operation at 3061 Regional Road 20 in Clarington. Purpose of Report: The purpose of this report is to provide information to the public and recommend approval if there are no major concerns raised from the public. Recommendations: 1.That Report PDS-068-25 and any related communication items, be received; 2.That Staff receive and consider comments from the public, review agencies, and Council with respect to the Official Plan Amendment and Zoning by-law Amendment applications to permit a commercial fill operation; and, 3.That the Clarington Official Plan Amendment and Zoning By-law Amendment applications submitted by Biglieri Group Ltd. be approved as proposed in Attachments 1 and 2 to report PDS-068-25. Municipality of Clarington Page 2 Report PDS-068-25 Report Overview 1. Application Details Owner: 1829963 Ontario Inc. Agent: Rachelle Larcoque c/o. The Biglieri Group Proposal: The proposal is seeking approval to commercially fill a former mineral aggregate pit in Clarington, previously licensed under the Aggregate Resources Act. Clarington Official Plan Amendment: To permit a commercial fill operation as an additional use within the Rural designation, to be located within the former aggregate extraction area, in addition to the existing site-specific permissions outlined in Section 23.19.6.vii of the Clarington Official Plan. Zoning By-law Amendment: To rezone the subject lands from “Aggregate Extraction (AE) Zone” to a special exception zone within the “Aggregate Extraction (AE) Zone” to permit a commercial fill operation. Area: 8.08 hectares (19.97 acres) Location: 3061 Regional Road 20, Darlington (see Figure 1) Roll Number: 1817-010-110-19100 Municipality of Clarington Page 3 Report PDS-068-25 Figure 1: Location of Subject Lands 2. Background 2.1 On August 18, 2025, Planning Staff received a Clarington Official Plan Amendment application and Zoning By-Law Amendment application which seeks to commercially fill a former mineral aggregate pit, previously licensed under the Aggregate Resources Act. The applications were deemed complete on September 25, 2025. 2.2 Over time, aggregate pit licenses are surrendered, revoked or modified. Once a licence has been surrendered or revoked, Official Plan policy 15.3.1 states that the aggregate extraction designation overlay in the Official Plan is deleted and the Zoning By-law must be amended to delete the aggregate pit and associated uses. Appropriate zoning categories must then be implemented. Municipality of Clarington Page 4 Report PDS-068-25 2.3 The former aggregate pit ceased operation in 2014. A rehabilitation plan for the site was subsequently approved by the Ministry of Natural Resources and Forestry. Implementation of the rehabilitation plan, undertaken in c onjunction with the surrender of the aggregate licence, involved portions of the site using soils excavated during past operations. However, given the volume of material previously removed, additional clean fill is needed to further raise the grade of the former extraction area. Under the current proposal, all imported material will meet required O.Reg.406/19 standards for clean fill, ensuring compatibility with and support for future appropriate land uses on the property. 2.4 On May 25, 2014, Municipal Council approved Clarington Official Plan Amendment No. 98 (approved through By-law 2014-054) to permit the subject property to be used for unserviced camping, ticket booths, and ancillary uses (such as portable washrooms and day parking), accessory to adjacent lands permitting music festivals. Concurrently, Council approved a Temporary Use By-law (approved through By-law 2014-056) under Section 39 of the Planning Act, which permitted agricultural uses, camping, ticket booths, and ancillary uses associated with a musical festival permitted on the Motorsport Park for a maximum of three years. While the temporary use permissions have since expired, the site-specific land use permissions allowing for accessory uses, as detailed in Section 23.19.6.vii) of the Clarington Official Plan, remain in effect. 2.5 At a meeting on May 13, 2024, the Planning and Development Committee considered a staff recommendation report (Staff Report PDS-020-24) presented as part of a municipal initiated exercise for eight inactive former ARA pits, which the subject lands were part of. However, Council did not move forward with the proposed amendment given the uncertainty of the future uses of the lands expressed by the subject landowners. 2.6 The following plans and studies were submitted in support of the applications:  Planning Justification Report  Draft Clarington Official Plan Amendment  Draft Zoning By-law Amendment  Topographic Drawing  Survey  Site Screening Questionnaire  Fill Management Plan  Scoped Environmental Impact Study  Landscape Plan  Region of Durham Support Letter  Cover Letter and Pit Rehabilitation Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3061 Regional Road 20 in Clarke, having frontage on Regional Road 20 (see Figure 1) and the site is currently a vacant lot and was previously used as an ARA-licensed pit, with the license having been surrendered in 2014. Municipality of Clarington Page 5 Report PDS-068-25 3.2 The surrounding uses are as follows: North: Other aggregate pit operations within the City of Kawartha Lakes . East: Woodlot, agricultural lands and the Canadian Tire Motorsport Park. South: Agricultural lands. West: Woodlot and agricultural lands. 4. Provincial Policy Provincial Planning Statement (PPS) 2024 4.1 The lands are considered Rural Area as defined by the PPS (2024). Recreational, tourism and other economic opportunities are promoted in Rural Areas. Development that is compatible with the rural landscape and sustained by rural service levels should be promoted. Development shall be appropriate to the available infrastructure. 4.2 The PPS 2024 provides guidance on the sustainable use and management of resources, including agricultural lands, natural heritage, and mineral aggregates. It promotes the long-term protection of mineral aggregate resources while emphasizing the need for both progressive and final rehabilitation of extraction sites. This approach helps ensure land use compatibility, mitigate potential negative impacts, and encourages comprehensive rehabilitation planning, particularly in areas with concentrated extraction operations. 4.3 Policy 4.1.8 of the PPS (2024) speaks to development and site alteration not being permitted on adjacent lands to natural heritage features, unless an evaluation shows no negative impact on the natural features or their ecological functions of the adjacent lands. A Scoped Environmental Impact Study was completed by Oakridge Environmental Limited and assess potential impacts of the proposed fill on natural heritage features and areas with species at risk. The only identified feature is a significant woodlan d in the southern portion of the site, southwest of the extraction area. The study concludes that filling can proceed with no impact to the woodland, provided recommended mitigation and protection measures are followed. 4.4 The subject site is a former gravel pit with a surrendered license. A rehabilitation plan was implemented to eliminate steep slopes, but the site grades still do not match adjacent lands, as this was not required under the plan. The proposed commercial fill operation aligns with PPS policies for aggregate mineral resources by supporting progressive rehabilitation of an under-utilized site and enabling future land uses. Raising the former extraction area to natural grades will improve the site’s usability, ensure compatibility with surrounding agricultural activities, and minimize environmental impacts. The use of clean fill meeting O.Reg.406/19 standards further supports long-term resource conservation and suitability for intended future uses. 4.5 The proposal is consistent with the PPS (2024). Municipality of Clarington Page 6 Report PDS-068-25 Oak Ridges Moraine Conservation Plan (ORMCP 2017) 4.6 The ORMCP designates the subject lands as “Countryside Area”. This designation is intended to support agricultural and rural uses that promote the continuation of farming and rural land use activities, preserve the rural character of settlements, and enable compatible forms of economic development, among other objectives. 4.7 Permitted uses within the “Countryside Area” include small-scale commercial, industrial and institutional uses as described in Section 40 of the ORMCP. Small-scale commercial, industrial and institutional uses, among other criteria, do not require large -scale modification of terrain, vegetation or both. 4.8 Development proposals shall incorporate best practices for the management of excess soil generated and fill received during any development or site alteration to ensure that : a) Excess soil is reused on-site or locally to the maximum extent possible; b) Where feasible, excess soil reuse planning is undertaken concurrently with development planning and design; and c) The quality of fill received and the placement of fill at the site will not cause an adverse effect with regard to the current or proposed use of the property, the natural environment or cultural heritage resources and is compatible with adjacent land uses. 4.9 The site is located within a Category 2 (Moderately Complex) Landform Conservation Area in the ORMCP. An application for development or site alteration with respect to land in a Category 2 landform conservation area shall identify plann ing, design and construction practices that will keep disturbance to landform character to a minimum . 4.10 The rehabilitation plan, implemented with the surrender of the aggregate license, regraded the site using soils from the original pit operations. Additional clean fill meeting O.Reg.406/19 standards is required to raise the former extraction area to support future land uses. All proposed commercial filling activities will be confined to the former pit area, outside the Natural Environment and Natural Linkage Areas. 4.11 The proposed commercial filling operation conforms to the policies of the ORMCP (2017). 5. Official Plans Durham Region Official Plan (Envision Durham) 5.1 The Durham Region Official Plan (Envision Durham) designates the subject lands as “Oak Ridges Moraine Area” in Envision Durham, in accordance with Map “2b” of Envision Durham (2024). Map 4 of Envision Durham identifies the property as being within a “Sand and Gravel Resource Area”. Municipality of Clarington Page 7 Report PDS-068-25 5.2 Countryside Areas within the Oak Ridges Moraine are areas of existing rural land use intended to protect prime agricultural areas, provide for the continuation of agricultural and other rural land uses and maintain the character of Rural Settlements. A portion of the subject site was previously used as an ARA licensed pit, until the license was surrendered to the Ministry of Natural Resources and Forestry in 2014. 5.3 Map “2d” of Envision Durham shows that the site is located within a Significant Groundwater Recharge Area, which is an area of land that is responsible for replenishing groundwater systems that directly support sensitive areas like cold water permanent and/or intermittent streams and wetlands. It is the policy of Envision Durham to improve and restore hydrological features and their functions and minimizes direct alteration to groundwater flows. The site is being restored to the previous grades and through the Site Alteration Permit the applicant will need to demonstrate that the water quality will not be negatively impacted. 5.4 Map “2g” of the ROP identifies the subject site as being located within a highly vulnerable aquifer and an area of high aquifer vulnerability. It is the policy Envision Durham to protect a highly vulnerable aquifer and areas of high aquifer vulnerability when considering new development or site alteration by implementing the relevant requirements of the applicable source water protection plan. 5.5 Section 6.7 of Envision Durham speaks to aggregate site rehabilitation. The submitted proposed fill management plan aligns with Section 6.7 of Envis ion Durham by supporting the rehabilitation of former extraction sites. Filling the former licensed ARA pit restores the land for productive uses while ensuring compatibility with surrounding rural and non - agricultural landscapes. The proposal also meets provincial standards for rehabilitation and promotes sustainable management of aggregate resources by repurposing the site and minimizing the social and financial impacts of past aggregate extraction. The Scoped Environmental Impact Study prepared by Oakridge Environmental Limited concludes that the proposed commercial filling of the former ARA-licensed pit will not negatively impact nearby natural features. 5.6 The proposal conforms to Envision Durham (2024). Clarington Official Plan (COP) 5.7 The Clarington Official Plan (COP) designates the northern portion of the subject site as “Rural” and the southern portion “Environmental Protection Area” and “Natural Linkage Area. A commercial fill operation is not permitted in the areas designated as “Environmental Protection Area” or “Natural Linkage Area”. The area of the proposed commercial fill operation is the former Aggregate Resources Act licensed aggregate pit which is designated “Rural”, and will not be taking place on the portions of the property designated “Environmental Protection Area” or “Natural Linkage Area” within the COP. Municipality of Clarington Page 8 Report PDS-068-25 5.8 The Scoped Environmental Impact Study that was prepared by Oakridge Environmental Limited identifies Significant Woodland habitats on the subject property, and Table 3 -1 of the COP requires a minimum vegetation protection zones setback of 30 metres from a significant woodland and wetlands. The proposed commercial fill operation conforms to the natural heritage system policies as the operation will be situated greater than 30 metres from the natural features, as detailed in the "Constraints" map within the S coped Environmental Impact Study (see Figure 2). Figure 2: Constraints Map, included in the Scoped Environmental Impact Study prepared by Oakridge Environmental Limited. 5.9 Policy 3.6.5 of the COP states that commercial fill operations are only permitted by amendment to this Plan and will require a permit under the Municipality’s Site Alteration By-law and/or from the appropriate Conservation Authority where applicable. As such, an amendment was submitted to facilitate the application. Municipality of Clarington Page 9 Report PDS-068-25 5.10 The subject lands within the former extraction area were previously assigned the “Aggregate Extraction Area Overlay”, however, this overlay is considered to have been removed in accordance with Policy 15.3.1, when the licensed under the Aggregate Resources Act was surrendered in 2014. Section 15.1.2 of the COP speaks to the rehabilitation and closure of licensed aggregate extraction operations. Although a rehabilitation plan for the extraction site has been completed, the final grades were not fully achieved. In accordance with the Soil Management Plan, t he proposed commercial fill operation would restore the site to its pre-extraction elevations, ensuring the lands are suitable for future agricultural and non-agricultural uses appropriate for the subject lands. 5.11 An Official Plan Amendment is included in Attachment 1 of this report. 6. Zoning By-law 2005-109 6.1 The subject property is zoned “Aggregate Extraction (AE) Zone”, “Environmental Protection” and “Natural Linkage” within Zoning By-law 2005-109. Permitted uses include a pit, conservation, and agricultural uses. A “pit” is defined as an area of land where unconsolidated mineral aggregate such as gravel, stone and sand is extracted pursuant to a license or a permit issued under the Aggregate Resources Act. A pit may include as an accessory use a mineral aggregate crusher, mineral aggregate processing, and/or mineral aggregate recycling. 6.2 The submitted Zoning By-law Amendment is required to permit the proposed commercial fill operation and would require a special exception zone within the “Aggregate Extraction (AE) Zone” (see Attachment 2). The former Aggregate Resources Act licensed pit is currently zoned “Aggregate Extraction (AE) Zone” within Zoning By-law 2005-109 and will be rezoned “Aggregate Extraction Exception (AE-2) Zone” to permit a “Large Fill Operation” as defined by Clarington Site Alteration By-law 2024-017. Clarington Site Alteration By-law 2024-017 defines a “large fill operation” as “an operation that involves placing, dumping, or removing more than 500 cubic metres of fill”. 7. Summary of Background Studies Planning Rationale Report prepared by The Biglieri Group Ltd., August 2025 7.1 The Planning Rationale Report prepared and submitted in support of the proposal concludes that the applications represent good planning and are in the public interest. Region of Durham’s Site Screening Questionnaire Form completed by Toronto Inspection Ltd., June 27, 2025 7.2 The Region’s Site Screening Questionnaire Form was reviewed as part of the Clarington Official Plan Amendment and Zoning By-law Amendment applications by the Municipality of Clarington Planning Staff. In accordance with the Region’s Soil and Groundwater Assessment Protocol, the proponent submitted the Region’s Site Screening Questionnaire (SSQ), signed by a Qualified Person under the meaning of the Environmental Protection Act. As such, Municipality of Clarington is satisfied that all matters related to potential site contamination have been addressed. Municipality of Clarington Page 10 Report PDS-068-25 Updated Scoped Natural Heritage Evaluation prepared by Oakridge Environmental Ltd., August 2025 7.3 The Scoped Natural Heritage Evaluation is an update to the 2014 Natural Heritage Evaluation Report, prepared by Oakridge Environmental Ltd. The updated report was completed to identify and assess impacts to Key Natural Heritage Features, including Special Concern Species at Risk and Significant Woodland proximal to the proposed commercial fill operation. The Scoped Natural Heritage Evaluation Report concludes that the proposed commercial filling activities can proceed without impacting the natural features, provided that mitigation and recommendation measures recommended in the report are adhered to. The proposed commercial fill operation will occur well beyond the minimum 30 minimum vegetation protection zone setback (see Figure 2). Fill Management Plan prepared by Nick Carchidi Excavating Limited, May 2, 2025 7.4 The Fill Management Plan has been submitted to support the applications and the eventual Site Alteration Permit Application. The report confirms that all imported soil will satisfy the applicable quality standards set out in the Ministry of the Environment, Conservation and Parks (MOECP) "Rules for Soil Management and Excess Soil Quality Standards," based on chemical analysis. The receiving site will use its own stripped topsoil material for re-vegetation, minimizing reliance on imported fill types. A confirmed source site and its chemical analysis will be provided once secured by the proponent. The operation is expected to import approximately 60,000 cubic metres of fill per year over a five-year period, totaling an estimated 300,000 cubic metres of fill. 7.5 The Fill Management Plan will be certified by a qualified professional and submitted with the Site Alteration Permit. An annual topographic survey will be required along with the certified report. The report will provide confirmation that the monitoring meets all the requirements of the permit and Provincial standards. Information regarding the truck volume generated by the fill operation will also be required. This volume is projected to generate approximately 60,000 truckloads per year. The proponent's anticipated schedule for truck deliveries is limited to the hours of 7:00 AM to 5:30 PM. To prevent mud and dust tracking onto Regional Road 20, a mud mat will be installed at the site entrance, and the owner will remain responsible for all road cleaning activities associated with the operation. The site will also be identified as a large fill permit and tipping fees will apply. 8. Public Notice and Submissions 8.1 Public Notice was mailed to 8 landowners within 300 metres of the subject lands on Wednesday, November 19, 2025. One public meeting sign was installed on the subject lands, along Regional Road 20. Details of the proposed application were also posted on the Municipality’s website (www.clarington.net/3061RegRd20), and in the Clarington Connected e-newsletter. 8.2 As of writing of this report, staff have not received comments from the public. Municipality of Clarington Page 11 Report PDS-068-25 9. Departmental and Agency Comments 9.1 Various agencies and internal departments were circulated for comments on the applications. Attachment 3 to this report provides a list of circulated parties and a summary of the comments. 10. Discussion 10.1 The traffic concerns associated with the proposed commercial filling operation are similar to those created by the former licensed aggregate pit. The current road network, including the turning lanes, were specifically designed and upgraded to accommodate the high volumes generated by the nearby Kovac's Pit and the former Keystone Pit (former aggregate pit on the subject property). Since the Keystone pit license has been surrendered and the Kovac's Pit is currently hauling below its full capacity, the road infrastructure is already well-equipped and underutilized relative to its design standards. Furthermore, the addition of the much lower-volume fill operation is not expected to necessitate further traffic studies at this stage, justifying the deferral of the traffic impact brief, required by the Regional Works Department, as a submission requirement for the Clarington Site Alteration Permit 10.2 The owner has committed to strict operational controls to further mitigate potential traffic impacts, including limiting truck deliveries to regular business hours (7:00 AM to 5:30 PM). The estimated 60,000 annual truckloads of commercial fill are distributed over the five-year operational period, minimizing peak-hour congestion. Moreover, measures such as the installation of a mud mat at the entrance and the owner's responsib ility for continuous road cleaning of Regional Road 20 will ensure that the subject site's operations maintain appropriate safety and cleanliness standards. These measures will minimize disruption to through traffic and nearby properties and will uphold cleanliness requirements to the satisfaction of the Regional Municipality of Durham 10.3 Once the commercial fill operation has been completed in accordance with the Clarington Site Alteration Permit, a future zoning by-law amendment would be required to change the zoning to allow other uses. A Record of Site Condition would also be required as part of the rezoning application process for any future uses. 11. Financial Considerations 11.1 The capital infrastructure required for this development will be negligible given tha t the subject is not serviced, there are no new sidewalks being proposed and the road is already constructed. The Municipality will be responsible for the major repair, rehabilitation, and replacement in the future for any capital assets. 12. Strategic Plan 12.1 The proposed development has been reviewed against the three pillars of the Clarington Strategic Plan 2024-27. Staff gave special attention to the priorities of growing resilient, sustainable, and supporting a strong local economy. The proposal aligns with Clarington’s Strategic Plan. Municipality of Clarington Page 12 Report PDS-068-25 13. Climate Change 13.1 The proposed commercial fill operation and site regrading aligns with the Municipality’s climate goals by re-establishing the original, natural land contours. The project restores natural drainage patterns and improves vegetation. Furthermore, the responsible use of excess soil from other development sites prevents this material from being transported over long distances, thereby reducing the overall carbon footprint associated with material management and disposal. This approach transforms an underutilized site into one with the opportunity to support future uses for agricultural and permitted non - agricultural uses. 14. Concurrence 14.1 Not Applicable. 15. Conclusion 15.1 Should there be no significant concerns from the public, Staff recommend that the applications submitted by the Biglieri Group Ltd. to amend the Clarington Official Plan and Zoning By-law 2005-109 to permit a commercial fill operation be approved and the Clarington Official Plan Amendment as shown on Attachment 1 and Zoning By-law as shown on Attachment 2 be passed. In the event that significant concerns are raised, it is recommended that this matter be referred back to staff . Staff Contact: Jacob Circo, Senior Planner, (905) 623-3379 x 2425 or jcirco@clarington.net. Attachments: Attachment 1 – Clarington Official Plan Amendment Attachment 2 – Zoning By-law Amendment Attachment 3 – Department and Agency Comments Interested Parties: List of Interested Parties available from Department. Municpality of Clarington Amendment Number 145 To The Municipality of Clarington Official Plan Purpose: The purpose of this Amendment is to permit a commercial fill operation in addition to the existing permissions provided to the Rural designation and the existing site-specific land use permissions provided in Section 23.19.6.vii of the Official Plan, to the property with Assessment Roll Number 1817- 010-110-19100 (3061 Regional Road 20). The proposed commercial fill activity involves the importation of approximately 300,000m³ of clean fill over a five-year period to regrade and level a former aggregate extraction site, with the objective of restoring the land for agricultural use that are generally on the northern portion of the subject property. Location: The Official Plan Amendment affects the subject lands with Assessment Roll Number 1817- 010-110-19100 (3061 Regional Road 20). The area more specifically described within 300 metres from Regional Road 20 and to a maximum area of 12 hectares. Basis: This Official Plan Amendment is based on an application submitted by 1829963 Ontario Incorporated to permit a commercial fill operation on the subject lands. The proposal involves importing approximately 300,000 m³ of clean fill over five years to regrade and level a former aggregate pit, with the intent of restoring the land for agricultural use. The application is supported by technical studies and plans, including a Scoped Natural Heritage Evaluation, Soil Management Plan, Pit Rehabilitation Plan, Landscaping Plan, and Topographic Plan . The Amendment will permit a commercial fill operation in addition to permissions provided by the Rural designation and the existing site-specific land use permissions provided in Section 23.19.6.vii of the Official Plan. The Amendment aligns with the intent of the Rural designation to support long-term agricultural viability. Actual Amendment: The Clarington Official Plan is hereby amended as follows: (*Note: New text is shown with an underline and deleted text is shown with a strikethrough) 1. Existing Section 23.19.6.vii of the Clarington Official Plan is amended as follows: Municpality of Clarington “In addition to the permissions provided by the Rural designation, the property with Assessment Roll Number 1817- 010-110-19100 (3061 Regional Road 20) shall be primarily used for: a. low intensity recreation, b. recreation uses which are higher in intensity and require modification of the land surface accompanied by the introduction of buildings and structures, and c. recreation uses of relatively low intensity requiring minimal modifications of the land surface, the minimal removal of trees, and relatively few if any buildings or structure; and d. a commercial fill operation within the area more specifically described as within 300 metres from Regional Road 20 and to a maximum area of 12 hectares. In addition to the permitted uses described above, the permitted uses also include unserviced camping, ticket booths and ancillary uses such as portable washrooms and day parking, as accessory to nearby lands that permit music festivals, subject to the following:  Permanent buildings and/or structures related to the temporary use are prohibited;  Alteration to grades outside of the licensed area or fill area is prohibited; Municpality of Clarington  Natural heritage features will be appropriately buffered;  Site Plan approval will be obtained to address such matters as site layout; access; temporary fencing, signage and lighting; and monitoring of measures to mitigate environmental impacts.” Implementation: The provisions set forth in the Municipality of Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment Interpretation: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment, save and except that a commercial soil operation shall be permitted on this property. File number: COPA-2025-0015 Attachment 2 to Municipality of Clarington Report PDS-068-25 Page | 1 Corporation of the Municipality of Clarington By-law Number 2025-______ being a By-law to amend By-law 2005-109, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 ZBA2025-0020; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 3. “Definitions” is hereby amended by adding thereto, a new definition for a Commercial Fill Operation as follows: “Commercial Fill Operation Means the placing or dumping of fill involving remuneration paid, or any other form of consideration provided, to the owner or occupier of the land, whether or not the remuneration or consideration provided to the owner is the sole reason for the placing or dumping of the fill” 2. Section 14.4 “AE Extraction Zone” is hereby amended by adding thereto, the following new Special Exception Zone 14.4.2. as follows: “14.4.2 AE-2 Zone a. Permitted Uses: i) Notwithstanding the provisions of Section 14.2, lands zoned AE-2 shall only be used for a Commercial Fill Operation. b. Regulations: i) Notwithstanding the provisions of Section 14.3, the following additional yard requirements shall apply: a) No placing or dumping of fill shall be within 30 metres of an Environmental Protection Zone.” 3. Schedule ‘E12’ to By-law 2005-109, as amended, is hereby further amended by changing the zone from “Aggregate Extraction (AE) Zone” to “Aggregate Extraction Exception (AE-2) Zone”, as illustrated on the attached Schedule ‘A’ hereto. 4. Schedule ‘A’ attached hereto shall form a part of this By-law. 5. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. Passed in Open Council this _____ day of December, 2025. __________________________ Adrian Foster, Mayor __________________________ June Gallagher, Municipal Clerk Page | 3 Attachment 3 to Report PDS-068-25 Attachment 3 – Agency and Department Comments The following agencies and internal departments were circulated for comments on the applications. Below is a chart showing the list of circulated parties and whether or not we have received comments to date. Department/Agency Comments Received Summary of Comment Durham Region Community Growth and Ec. Dev. Department ☒ The Region Community Growth and Economic Development Department has no objection to the Clarington Official Plan Amendment and Zoning By-law Amendment subject to submitting a traffic impact brief/memo at the time of submitting a site alteration with the Municipality of Clarington, for the purpose of filling the former mineral aggregate pit. Durham Region Works Department ☒ Regional Works Department has no objection to the Clarington Official Plan Amendment and Zoning By-law Amendment subject to the applicant/owner submitting a traffic impact brief/memo at the time of submitting a site alteration with the Municipality of Clarington, for the purpose of filling the former mineral aggregate pit. Enbridge ☒ Enbridge has no objection to the rezoning. Ganaraska Region Conservation Authority (GRCA) ☒ GRCA has no objection to the Clarington Official Plan Amendment and Zoning By-law Amendment. There appears to be no wetlands/regulated natural hazards on the property. Additionally, the property is not within GRCA’s regulated area so a permit from the GRCA is not required. GRCA would just recommend maintaining existing drainage, use of appropriate erosion sediment control and stabilize the site when complete using native, non-invasive species. Ministry of Environment, Conservation and Parks ☒ The Ministry of Environment, Conservation and Parks (MECP) have no objection to the Clarington Official Plan Amendment and Zoning By-law Amendment. MECP has reviewed the documents provided and compliance with Ontario Regulation 406/19 – On-site and Excess Soil Management is required. The provided soil management plan seems to address most of the requirements, and the site will be governed under an instrument outside of the regulation (Municipal Site Alteration Permit). MECP did not see the mention of the requirement to file a notice to the Excess Soil Registry for reuse sites that will be receiving more than 10,000 cubic metres of excess soil in the documents provided. Soil storage on-site must also comply with the ministry’s Soil Rules document. Further ministry involvement may be required if activities on site change, or when the site is further developed, depending on land- use/on-site activities. Clarington Fire & Emergency Services Division ☒ Clarington Fire & Emergency Services Division has no objection to Clarington Official Plan Amendment and Zoning By-law Amendment. There are no fire safety concerns. Clarington Engineering Development Division ☒ Clarington Development Engineering Division has no objection to the Clarington Official Plan Amendment and Zoning By-law Amendment. A soil management plan is required to obtain a site alteration permit. Revisions to the grading plan and erosion sediment control plan are required as part of the submission of the site alteration permit along with a traffic impact brief, as required by the Region Works Department. Clarington Economic Development Division ☒ No concerns or objections.