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Home My WebLink AboutPD-23-96DWSLCEMENT.GPIHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Monday, February 19, 1996 (-' 4 Date: Y� ry Res. #�.�` Report #: Subject: PD -23 -96 File PEV 95 -084 By -law # REZONING APPLICATION - ST. LAWRENCE CEMENT PART LOT 27, CONCESSION 10, FORMER TOWNSHIP OF CLARKE (North side of Concession Road 10, east of Best Road) FILE: DEV 95 -084 (X -REF. OPA 95 -015) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -23 -96 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, submitted by Skelton, Brumwell and Associates Inc. on behalf of St. Lawrence Cement Inc., be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of 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 Rezoning: From - Agricultural (A) To - Extractive Industrial (M3) 1.4 Regional OPA: From - Oak Ridges Moraine To - Resource Extraction Area 1.5 Area: 4 hectares REPORT NO.: PD -23 -96 PAGE 2 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 abut an unopened road allowance between Lots 26 and 27. The north and west boundaries adjoin an existing licensed aggregate operation owned and operated by St. Lawrence Cement Inc. /Dufferin Aggregates. 3. BACKGROUND 3.1 The Planning Department received the rezoning application on December 21, 1995. In the applicant's correspondence to the Planning Department, we were advised that the Region of Durham was to receive a corresponding Official Plan Amendment Application. We informed the applicant that when the Municipality receives correspondence from the Region regarding the receipt of an Official Plan Amendment application, Staff will then initiate processing the rezoning application. The Municipality received notification from the Region regarding receipt of OPA 95 -015 on January 19, 1995. 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. This material has come from the aggregate 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 592 REPORT PD-23-96 PAGE 91 permitted by amendment to the Plan. Section 14.3.5 b) of this plan 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 Provincial "Implementation Guidelines for the Oak Ridges Moraine Area of 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 According to the Council adopted Clarington Official Plan, the subject lands are designated Oak Ridges Moraine. Expansion to existing aggregate extraction operations are permitted by amendment to the Plan. The Official Plan requires that an Environmental Impact Study be conducted (Section 15.3.7). This study shall demonstrate, among other things, that the quality and quantity of groundwater and surface water resources would not be negatively impacted upon, that significant wildlife or it's habitat will not be displaced or disrupted, that the operation will have a minimal impact on surrounding land uses, including minimizing traffic impact, and that the proposed rehabilitation of the lands will be appropriate. 5.3 Map C of the Clarington Official Plan identifies a woodlot on the subject lands. Section 4.3.8 of the Plan states that where a natural feature such as a woodlot, has been identified either on or adjacent to the subject lands, an Environmental Impact Study shall be conducted. This study shall among other things, examine the function of the natural feature and determine it's sensitivity, identify potential impacts of the development on the feature, identify mitigating measures to address the negative effects of the development, identify the potential for restoration of the habitat, and examine the cumulative impact of the proposed development. W REPORT • PD-23-96 6. ZONING BY-LAW PROVISIONS 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 purposes. Aggregate extraction is permitted within the "Extractive Industrial (M3)" zone. 7. PUBLIC MEETING AND SUBMISSION 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 At the time of writing this report, there has been no input from citizens either verbally or in writing. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies in providing comments, offered no objection to the application as filed: > Municipality of Clarington Fire Department 8.2 The Region of Durham Planning Department has requested that the amending By- law not be passed until OPA 95 -015 is dealt with by the Region. 8.3 Comments remain outstanding from the following agencies: > Municipality of Clarington Public works Department > Municipality of Clarington Community Services Department > Ganaraska Region Conservation Authority > Durham Region Works Department E REPORT NO.: PD-23-96 PAGE 5 > Ministry of Natural Resources > Manvers Township > Victoria County ILI •uu NTW 9.1 The applicant has submitted a "Technical Background Report" with their application. This report was prepared for the Ministry of Natural Resources as a requirement of the Aggregate Resources Act. The applicant has requested that we accept this report as it applies to Section 4.3.8 and Section 15.3.7 of the Clarington Official Plan. These two sections require the submission of an Environmental Impact Study and other appropriate studies to demonstrate that extraction can be carried out with minimal social and environment impacts and that all land use compatibility issues have been addressed. Staff are reviewing this document and will assess whether this report addresses all items identified in Section 4.3.8 and 15.3.7 of the Clarington Official Plan. 9.2 As previously noted, the subject site is forested and located within the Oak Ridges Moraine. Information gathered through the background studies for the Oak Ridges Moraine Strategy reveal that these forested areas have been identified as a Natural Corridor. A Natural Corridor acts as a conduit by which species move from Natural Core area to Natural Core area. A Natural Core area refers to areas possessing critical ecological attributes and functions. They shall be self - sustaining, serving as gene pools, hence maximizing diversity of species. It is noted that the majority of the corridor is located on lands to the east. However, these lands possess an existing aggregate license, and aggregate extraction may commence immediately if the owner so wishes. This would eliminate the present function of this corridor. It is important that if extraction is approved, that plans for rehabilitation include returning the function of the lands to a natural corridor including the planting of native species. 05 • •O PD-23-96 PAGE 6 10. CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted, and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development HB *FW *df 12 February 1996 Attachment #1 - Key Map Reviewed by, a dr W.H. Stockwell' Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: St. Lawrence Cement Inc./ Dufferin Aggregates 620 Wilson Ave., Downsview, Ontario M3K 2A4 Attn: Sarah Lowe Skelton, Brumwell and Associates Inc 151 Ferris Lane, Suite 300 Barrie, Ontario L4M 6C1 Attn: Anne Gioux Dufferin Aggregates Box 68 Milton, Ontario. L9T 2Y3 Attn.: Sergio Carbone conduit 506 % / //i IL ATTACHMENT #1 28 27 26 25 24 23 REGIONAL ROAD 20 M� 0 U O rn O � W U Z O U � SK DING CURKE MAP KEY Qp DEV. 95 -084 OPA 95 -015 507 0 H