HomeMy WebLinkAboutPDS-068-26Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Special Council
Date of Meeting: August 10, 2026 Report Number: PDS-068-26
Authored By:
Submitted By:
Reviewed By:
File Number:
Report Subject:
Jacob Circo, Senior Planner, Development Review Division
Darryl Lyons, Deputy CAO, Planning and Infrastructure
Mary-Anne Dempster, CAO By-Law #: 2026-080
COPA2025-0004 and ZBA2025-0005 Resolution#: C-213-26
Official Plan Amendment and Zoning By-law Amendment applications to
facilitate additional uses at 3565 Regional Road 20 in Clarke
Recommendations:
1.That Report PDS-068-26 and any related delegations or communication items, be received
for information only;
2.That the Clarington Official Plan Amendment in Attachment 1 and Zoning By-law
Amendment Application submitted by MHBC be approved;
3.That the By-law in Attachment 2 to Report PDS-068-26, be approved;
4.That the Region of Durham Community Growth and Economic Development Department
and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-068-
26 and Council’s decision; and
5.That all interested parties listed in Report PDS-068-26 and any delegations be advised of
Council’s decision.
Municipality of Clarington Page 2
Report PDS-068-26
Report Overview
Aggregate Resources Act
1. Application Details
Owner: Dufferin Aggregates, a Division of CRH Canada Group Incorporated
Agent: Ellen Ferris c/o. MHBC Planning Urban Design & Landscape Architecture
Proposal: Official Plan Amendment
To permit the establishment of an aggregate-related industrial use, specifically a
concrete batching and asphalt plant at the Mosport Main Pit.
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 concrete
batching and asphalt plant at the Mosport Main Pit.
Area: 88.29 hectares (218.17 acres)
Location: 3565 Regional Road 20, Clarke (see Figure 1)
Roll Number: 181703006018800
Municipality of Clarington Page 3
Report PDS-068-26
Figure 1 – Location of Subject Lands
Municipality of Clarington Page 4
Report PDS-068-26
2. Background
2.1 On March 20, 2025, Planning Staff received a Clarington Official Plan Amendment
application and Zoning By-Law Amendment application which seeks to permit the
establishment of an asphalt plant and a concrete batching plant on an active aggregate
pit. These facilities would operate for the duration of the aggregate licence and would be
decommissioned with the site rehabilitation.
2.2 A statutory public meeting for the rezoning application was held on November 10, 2025.
2.3 The applicants have submitted the following plans and studies in support of
applications:
Site Plan
Survey
Planning Justification Report
Air Quality Assessment
Hydrogeological Study
Natural Heritage Evaluation
Noise Impact Study
Functional Servicing and Stormwater Management Report
Traffic Impact Study
Utility Coordination Plan Letter
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 3565 Regional Road 20 in Clarke, having frontage on
Regional Road 20 (see Figure 1 and Attachment 4) and is currently used as active
aggregate pit.
3.2 The subject property’s additional surrounding land uses are as follows:
North: Other aggregate pit operations within the City of Kawartha Lakes
East: Agricultural lands and Highway 35/115
South: Agricultural lands
West: Other aggregate pit operations
Municipality of Clarington Page 5
Report PDS-068-26
4. Provincial Policy
Provincial Planning Statement (PPS 2024)
4.1 Under the PPS (2024) the Site would be considered a “Mineral aggregate operation” on
rural lands. As defined in the PPS (2024) a 'mineral aggregate operation' includes lands
licensed or permitted under the Aggregate Resources Act (excluding wayside pits and
quarries), as well as associated facilities involved in the extraction, transportation,
processing, recycling, or beneficiation of aggregate materials. This also encompasses
operations related to the production of products such as asphalt, concrete, and other
related secondary materials. The proposed concrete batching plan and asphalt plant
would be considered accessory uses to a “Mineral aggregate operation” and would be
permitted.
4.2 The PPS (2024), including Policies 4.5.2.4 and 4.5.3.1, provides broad direction for the
protection of mineral aggregate operations and requires that rehabilitation be planned to
support future land uses. Final rehabilitation must consider surrounding land uses and
existing land use designations. The Mosport Main Pit is recognized as an existing
mineral aggregate operation. Supporting technical studies have confirmed that the
proposed asphalt plant and concrete batching plant can be integrated into the site in a
manner that is consistent with the PPS (2024), ensuring the protection of nearby
sensitive land uses, natural heritage features, and water resources.
4.3 The proposal is consistent with the PPS (2024).
Oak Ridges Moraine Conservation Plan (ORMCP 2018)
4.4 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.
4.5 Permitted uses within the “Countryside Area” include mineral aggregate operations and
wayside pits, subject to the applicant demonstrating that the quantity and quality of
groundwater and surface water in the Plan area will be main tained and, where possible,
improved or restored as a result of the proposed operation, that as much of the site as
possible will be rehabilitated, and other criteria outlined in in Section 35 of the ORMCP.
4.6 The subject site is located within a Category 1 and Category 2 Landform Conservation
Area, however, the requirements related to applications for development or site
alteration within such an area do not apply to applications with respect to mineral
aggregate operations.
4.7 The proposed accessory uses to a licensed aggregate pit conforms to the policies of the
ORMCP (2018).
Municipality of Clarington Page 6
Report PDS-068-26
5. Official Plan
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 accordance with Map 2b of Envision Durham (2024).
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. Permitted
uses within this designation include mineral aggregate operations and wayside pits.
5.3 Map 4 of Envision Durham identifies the property as a “Aggregate Resource Extraction
Area”, which recognizes the existing Mosport Main Pit. Section 6.7.11 of Envision
Durham permits aggregate-related industrial uses, such as asphalt plants, ready-mix
concrete plants and aggregate transfer stations in active licenced Aggregate Resource
Extraction Areas.
5.4 The proposed asphalt and concrete batching plants will be located within existing
Mosport Main Pit and will be located outside of any key natural heritage or hydrologic
features as identified on Maps 2a and 2c of Envision Durham.
5.5 The proposal conforms to Envision Durham (2024).
Municipality of Clarington Official Plan (COP)
5.6 The COP designates the subject site as “Rural” and “Environmental Protection Areas”
with an “Aggregate Extraction Area” overlay allowing the site to be used for the
extraction of aggregates and the rehabilitation of the designated land, in accordance
with its active licence issued under the Aggregate Resources Act.
5.7 The goals of the “Aggregate Extraction Area” designation is to support the extraction of
aggregate resources while minimizing impacts on the natural environment, surrounding
landscape, nearby residents, and the broader municipality.
5.8 “Aggregate Extraction Areas” shall only be permitted within the Potential Aggregate
Resource Areas identified on Map G of the COP. The subject lands are within the
Primary Area on Map G of the COP.
Municipality of Clarington Page 7
Report PDS-068-26
5.9 Aggregate-related industrial uses such as asphalt plants and concrete-batching plants
may be permitted only by site-specific amendment to the COP, provided:
a. There is no adverse impact on groundwater and surface water quality and quantity;
b. There is no adverse noise, odour, or dust impacts on nearby sensitive land uses and
natural heritage features; and
c. The operation of such a plant is addressed on a site plan approved by the Province .
The submitted COP Amendment is required to facilitate additional aggregate-related
industrial uses within the licensed pit area (see Attachment 1).
6. Zoning By-law 2005-109
6.1 The property is zoned “Aggregate Extraction (AE) Zone” 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 uses at
the existing aggregate operation located on the subject lands and would require a
special exception zone within the “Aggregate Extraction (AE) Zone” (see Attachments
2 and 4). A draft zoning by-law is included as Attachment 2.
7. Summary of Background Studies
Below provides a summary of the findings from the background studies.
Planning Justification Report prepared by MHBC, March 2025
7.1 The Planning Justification Report prepared and submitted in support of the proposal
concludes that the applications represent good planning and are in the public interest .
Air Quality Assessment prepared by RWDI, February 2025
7.2 The Air Quality Assessment submitted in support of this proposal concludes that based
on the conservative modelling results presented in the findings of the report, the
predicted impacts associated with the Mosport Main Pit and proposed asphalt plant and
concrete batching plant will remain below the relevant air quality criteria at all receptors.
As a result, the Mosport Main Pit is not expected to pose a risk of adverse impacts to
surrounding area, with appropriate mitigation measures in place.
Municipality of Clarington Page 8
Report PDS-068-26
Hydrogeological Study prepared by WSP, February 2025
7.3 The Hydrogeological Study submitted in support of the proposal concludes that no
adverse impacts to local groundwater or surface water are anticipated due to the
proposed establishment of asphalt plant and concrete batching plant at the existing
Mosport Main Pit.
Scoped Natural Heritage Evaluation prepared by WSP, March 2025
7.4 The Scoped Natural Heritage Evaluation in support of the proposal was prepared to
examine the potential impact of the proposed asphalt and concrete batching plants on
the natural environment, triggered by proximity to Durham Region’s and the
Municipality’s natural heritage system. The Scoped Natural Heritage Evaluation Report
concludes that the proposed asphalt and concrete batching plants can proceed without
impacting the natural features, provided that mitigation and recommendation measures
recommended in the report are adhered to.
Noise Impact Study prepared by Aeroacoustics, February 2025
7.5 The Noise Impact Study was prepared to examine the existing and future noise
environment in the surrounding area and predict the noise impact of the proposed
changes to the site operations conducted within the pit licence boundary. The report
identifies mitigation measures to ensure that noise levels remain within Ministry of
Environment, Conservation and Parks guidelines. The Noise Study, together with the
other technical studies prepared in support of the proposed asphalt and concrete
batching plants, will be reviewed by the Ministry of the Environment, Conservation and
Parks and the Ministry of Natural Resources. The proponent will also submit an
amendment to the existing pit's licence under the Aggregate Resources Act.
Functional Servicing and Stormwater Management Report prepared by KWA Site
Development Consulting Incorporated, March 2025
7.6 The Functional Servicing and Stormwater Management Report concludes that will the
site maintain its current drainage patterns, with stormwater continuing to be contained
on site and infiltrating into the pit floor.
Traffic Impact Study prepared by TYLin, March 2025; updated April 2026
7.7 The Traffic Impact Study was prepared assess existing traffic conditions and evaluate
the impacts of current and projected site-generated traffic, including truck movements,
on the surrounding road network based on a 2% annual background traffic growth rate.
The study also included a comprehensive assessment of Boundary Road and a left-turn
lane warrant analysis to determine the need for a westbound left -turn lane at the
Mosport Main Pit access. The findings of the study conclude that the proposed asphalt
and concrete batching plants at the Mosport Main Pit can be accommodated on the
surrounding road network within the need for any improvements.
Municipality of Clarington Page 9
Report PDS-068-26
8. Public Notice and Submissions
8.1 The statutory public was meeting was held on November 10, 2025. Public Notice was
mailed to 8 landowners within 300 metres of the subject lands on October 21, 2025,
including landowners within Kawartha Lakes. Three public meeting signs were installed
on the subject lands, along Regional Road 20, Best Road and Concession Road 10.
Details of the proposed application are also posted on the Municipality’s website
(www.clarington.net/3565RegRd20), and in the Clarington Connected e-newsletter.
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 Durham Region has no concerns with the applications based on their review of the
revised traffic impact assessment. The applicant/owner has also submitted a letter of
commitment/understanding to address certain matters for the Region prior to
commencing shipments from the proposed asphalt and concrete batching plants,
including paving the pit entrance shoulder, installing industrial-scale steel rumble strips,
and maintaining on-site water flushing and sweeping. The effectiveness of these
measures will be monitored in consultation with the Region. Therefore, truck traffic
movements will continue to use the entrance/exit off Regional Road 20, and the
proponent will work with the Region to ensure to implement the agreed upon traffic -
related measure. Furthermore, the crossing on Best Road is only for pit-to-pit access
and is not used by trucks accessing/leaving the site.
10.2 The proposed asphalt and concrete batching plants are ancillary uses within an existing
pit licensed under the Aggregate Resources Act and will operate only for the duration of
the pit's licence. Upon the surrender, revocation, or termination of the licence, the
ancillary uses will cease, and the site will be rehabilitated in accordance with the
approved rehabilitation plan administered by the Ministry of Natural Resources, which
includes measures to monitor and address environmental impacts associated with the
pit operations. In support of the proposed applications, technical studies, including an
Air Quality Assessment and a Scoped Natural Heritage Evaluation, concluded that the
proposed uses can proceed without adverse impacts to air quality or natural heritage
features, provided the recommended mitigation measures are implemented. In addition,
the proposed amendment to the pit's Aggregate Resources Act licence is currently
under provincial review, which includes consideration of the supporting technical studies
to ensure the proposal is compatible with the surrounding environment and complies
with applicable provincial requirements.
Municipality of Clarington Page 10
Report PDS-068-26
11. Financial Considerations
11.1 Not applicable.
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.
13. Climate Change
13.1 Permitting the proposed asphalt plant and concrete batching plant to operate within an
existing licensed pit supports more efficient use of established extractive industrial land
and existing aggregate resources, reducing the need to develop new extraction sites.
Locating these ancillary uses at the source of aggregate production also minimizes the
transportation of raw materials between separate facilities, which can reduce heavy
truck travel, associated fuel consumption, and greenhouse gas emissions compared to
operations that require aggregate to be hauled to off-site processing plants. The
proposed facilities will also be subject to applicable provincial environmental approvals
and operational requirements, including measures to mitigate potential environmental
effects throughout the life of the licensed pit, under the Aggregate Resources Act.
14. Concurrence
14.1 Not Applicable.
15. Conclusion
15.1 Staff recommend that the applications submitted by the MHBC to amend the Clarington
Official Plan and Zoning By-law 2005-109 to permit a non-temporary asphalt plant and
concrete batching plant be approved and the Clarington Official Plan Amendment as
shown on Attachment 1 and Zoning By-law as shown on Attachment 2 be passed.
Staff Contact: Jacob Circo, Senior Planner, 905-623-3379 ext. 2425 or jcirco@clarington.net.
Attachments:
Attachment 1 – Clarington Official Plan Amendment
Attachment 2 – Zoning By-law Amendment
Attachment 3 – Departmental and Agency Comments
Attachment 4 – Mosport Main Pit Draft Operational Plan showing proposed asphalt plant and
concrete batching plan
Interested Parties:
List of Interested Parties available from the Department.
Attachment 1 to Report PDS-068-26
Amendment Number 151
To The Municipality of Clarington Official Plan
Purpose: The purpose of this Amendment is to permit a permanent asphalt
plant and concrete batching plant operation in addition to the
existing permissions provided to the Aggregate Extraction Area
designation and the existing site-specific land use permissions
provided in Section 23.19.6.x of the Official Plan, to the property
with Assessment Roll Number 1817-030-060-18800 (3565
Regional Road 20).
Location: The Official Plan Amendment affects the subject lands with
Assessment Roll Number 1817-030-060-18800 (3565 Regional
Road 20), located in Part lots 26, 27 and 28, Concession 10,
Former Township of Clarke.
Basis: This Official Plan Amendment is based on an application
submitted by Dufferin Aggregates, a Division of CRH Canada
Group Inc., to permit a permanent asphalt plant and concrete
batching plant operation on the subject lands. The Mosport Main
Pit is an active mineral aggregate operation which is licenced
under the Aggregate Resources Act (ARA) License 3195. The
Mosport Main Pit is currently permitted to operate a temporary
portable asphalt plant as an accessory use to the existing
aggregate extraction operations on site. The Official Plan permits
concrete batching and asphalt plants to be used on a temporary
basis (less than 3 years) on lands licenced for aggregate
extraction. This amendment enables an asphalt plant and concrete
batching plant to operate through the duration of the Mosport Main
Pit. The uses would cease upon final site rehabilitation and
surrender of the ARA licence. The application is supported by
technical studies and plans, including a Site Plan, Air Quality
Assessment, Natural Heritage Evaluation, Noise Impact Study,
Functional Servicing and Stormwater Management Report, Traffic
Impact Study, and Utility Coordination Plan.
The Amendment will permit a permanent asphalt plant and
concrete batching plant operation in addition to the existing
permissions provided to the Aggregate Extraction Area
designation and the existing site-specific land use permissions
provided in Section 23.19.6.x of the Official Plan.
The Amendment is consistent with the Provincial Planning
Statement, conforms to the Oak Ridges Moraine Conservation
Plan, and the Durham Regional Official Plan.
Actual
Municipality of Clarington
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.x of the Clarington Official Plan is
amended as follows:
“The subject properties with Assessment Roll No. 1817-030-
060-18800 located in Part lots 26, 27 and 28, Concession
10, Former Township of Clarke are designated Rural and
have an Aggregate Extraction Designation overlay as
identified on Map A1 (East Clarington). These lands shall be
utilized in accordance with ARA Licence 3195. The following
additional policies shall also apply.:
a. Upon completion of the rehabilitation plan and the
surrendering of the ARA license, the lands that have
been reforested as well as a 30m wide vegetation
protection zone shall be designated Environmental
Protection Area and these lands shall also be zoned
Environmental Protection.;
b. The remainder of the lands shall be designated ural
and shall be zoned in accordance with the Rural land
use designation, and;
c. The land use designation and the zoning by law
provision described in a) and b) will be completed in
accordance with Section 15.3.1 of this Plan.; and
d. That a permanent asphalt plant and concrete batching
plant operation be permitted and shall cease upon
surrender of the Aggregate Resources Act Licence
3195.
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 permanent asphalt
plant and concrete batching plant operation be permitted shall be
permitted on this property and cease upon final site rehabilitation
and surrender of the ARA licence.
File number: COPA-2025-0004
Municipality of Clarington Attachment 2 to Report PDS-068-26
Page | 1
Corporation of the Municipality of Clarington
By-law Number 2026-______
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 ZBA2025-0005;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 14.4 “AE Extraction Zone” is hereby amended by adding thereto, the
following new Special Exception Zone 14.4.3. as follows:
“14.4.3 AE-3 Zone
Notwithstanding Section 3, Section 5.9 and Section 14.2.1, those lands zoned AE-3
may be used as a permanent Asphalt Plant and permanent Concrete Batching
Plant in addition to the applicable provisions not amended by the AE -3 Zone.
a. Definitions:
i) “Asphalt Plant
A facility with equipment designed to heat and dry mineral aggregate and
to mix mineral aggregate with bituminous asphalt to produce asphalt
paving material and includes stockpiling and storage of bulk materials
used in the process”.
b. Permitted Uses:
i) Asphalt Plant
ii) Concrete Batching Plant
c. Regulations:
i) Upon the surrender, revocation, or termination of the Aggregate
Resources Act Licence, the pit use listed within Section 14.2.1 and the
permitted uses specified in Section 14.4.3.b shall cease immediately on
those lands zoned AE-3.
2. Schedules ‘E5’ and ‘E6’ 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-3) Zone”, as illustrated on the attached
Schedule ‘A’ hereto.
3. Schedule ‘A’ attached hereto shall form a part of this By-law.
4. 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 August, 2026.
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk
Page | 3
Attachment 3 to Report PDS-068-26
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
☒
☒
☒
system(s); and
3. If the Daily Sewage Flow of the property is
greater than 10,000 litres/day, approval for the
private sewage system will be required from
the Ministry of the Environment, Conservation
and Parks.
Ganaraska Region
Conservation Authority
(GRCA)
☒ GRCA has no objection to the Clarington Official
Plan Amendment and Zoning By-law
Amendment. The Mosport Main Pit is also not
within the GRCA’s regulated area.
Clarington Fire &
Emergency Services
Division
☒ Clarington Fire & Emergency Services Division
has no objection to Clarington Official Plan
Amendment and Zoning By-law Amendment
subject to the following comments:
1) Fire route will need to comply to OBC 3.2.5
and have required “No parking fire route”
signs.
2) Water supply for firefighting may be required
based on size of any proposed buildings.
Clarington Development
Engineering Division
☒ Clarington Development Engineering Division
has no objection to the Clarington Official Plan
Amendment and Zoning By-law Amendment.
5(&<&/,1*$5($
&21&5(7(3/$17$5($
6&(1$5,2
&21&5(7($1'$63+$/7
3/$17$5($ 6&(1$5,2
&KULVWRSKHU3RROH
,VDXWKRUL]HGE\WKH0LQLVWU\RI
1DWXUDO5HVRXUFHVSXUVXDQWWR
6XEVHFWLRQ I RI2QWDULR
5HJXODWLRQ WRSUHSDUH
DQGFHUWLI\VLWHSODQV
^ŝƚĞWůĂŶŵĞŶĚŵĞŶƚƐƐŝŶĐĞ
:ƵůLJϮϬϮϮĐŽŵƉůĞƚĞĚďLJ͗
x
x
x
x
xx
'UD
I
W
$WWDFKPHQWWR5HSRUW3'6