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HomeMy WebLinkAboutPD-67-89F ' 5 (p) TOWN OF NEWCASTLE REPORT File #. Res. # B.- By -Law # MEETING: General Purpose and Administration Committee DATE: Monday, March 6, 1989 REPORT #: PD -67 -89 FILE #: PLN 4.1 and PLN 21.1 StRJECT: PROPOSED AMENDMENTS TO DURHAM REGIONAL OFFICIAL PLAN AND COMPREHENSIVE ZONING BY -LAW REGARDING AGGREGATE EXTRACTION OPERATIONS FILES: PLN 4.1 AND PLN 21.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -67 -89 be received; and 2. THAT the Region of Durham be requested to amend the Durham Regional Official Plan with respect to the mineral aggregate extraction operations identified by this report as having cancelled or revised Ministry of Natural Resources licences; and 3. THAT Staff be authorized to advertise for a public meeting for a proposed amendment to the Comprehensive Zoning By -law 84 -63 to: a) remove the "Extractive Industrial (M3)" zone from those lands which are no longer licensed by the Ministry of Natural Resources for aggregate extraction and to place an appropriate zoning on such lands; and b) to clarify the "Permitted Uses" in the "Extractive Industrial (M3)" zone to indicate that processing plant - aggregate, aggregate stockpiling, and outside storage of aggregate materials be permitted only as accessory use; and ...2 REPORT NO.: PD -67 -89 PAGE 2 ------------------------------------------------------------------------------- 4. THAT a copy of this Report and Council's resolution be forwarded to the Region of Durham. 1. DURHAM REGIONAL OFFICIAL PLAN 1.1 Mineral aggregate extraction operations in the Town of Newcastle licensed by the Ministry of Natural Resources are identified by number on Schedule "A -5" of the Durham Regional Official Plan. Information with respect to pit location and licensed area is provided by "Part 6 - Schedules ". The Plan (Section 4.2.2) also permits other accessory uses essential to the aggregate extraction operation, and the crushing, screening, washing and stock piling of aggregate provided that such uses are not incompatible with adjacent land uses. 1.2 The Official Plan (Section 4.2.2) states that once mineral aggregate resource extraction has been completed, such areas shall only be used without amendment to the Plan, for those uses as permitted within the Permanent Agricultural Reserve Area, the General Agricultural Area or the Major Open Space System, depending as the case may be, on the immediately surrounding land use designation, and the respective restricted area zoning by -law shall be appropriately amended. This policy is in keeping with the Provincially- approved Mineral Aggregate Resource Policy Statement which states that municipalities should encourage the concept of extraction as an interim land use activity. 2. COMPREHENSIVE ZONING BY -LAW 2.1 Aggregate extraction operations licensed by the Ministry of Natural Resources and identified by the Durham Regional Official Plan are permitted in the "Extractive Industrial (M3)" zone of By -law 84 -63. Activities related to aggregate extraction such as an aggregate processing plant, aggregate stockpiling and the outside storage of aggregate materials are also listed as permitted uses in the 11M3" zone. ...3 inn )7 PAGE 3 ------------------------------------------------------------------------------- 3. CANCELLED AGGREGATE EXTRACTION LICENCES 3.1 It is the intention of the Mineral Aggregate Resource Policy Statement and the Regional Official Plan that aggregate extraction operations be regarded as interim land uses. Accordingly, upon the cancellation of all or part of an extraction licence, the Official Plan and the zoning by -law should be appropriately amended. 3.2 Staff have compared the Regional Official Plan and By -law 84 -63 to the Ministry of Natural Resources' list of currently licensed pits and quarries (excluding wayside pits and quarries). There are five (5) sites in the Town which are no longer licensed but which remain identified as extraction operations by the Official Plan and /or are zoned "M3" by By -law 84 -63. A further three (3) sites remain licensed but have had their licensed areas reduced below that which is indicated in the Official Plan. Attachment No. 1 to this report indicates the location and identification numbers of the subject aggregate extraction operations as shown in the Regional Official Plan, while Attachment No. 2 provides more detailed information on each of the sites. Pit #97, located in Part Lot 22, Concession 3, Darlington, is no longer zoned 11M3" in By -law 84 -63, but remains identified as a licensed pit in the Official Plan. 3.3 It is recommended that the Region of Durham be requested to undertake an amendment to the Durham Regional Official Plan in respect of the aggregate extraction operations identified by Attachment Nos. 1 & 2 hereto as having cancelled or revised Ministry of Natural Resources' licences. 3.4 Concurrently, Staff requests authorization to advertise for a public meeting for the related amendments to the Comprehensive zoning By -law 84 -63 to remove the 11M3" zone from those lands which are no longer W 600 22 PAGE 4 licensed by the Ministry of Natural Resources for aggregate extraction. Staff propose to rezone the subject sites to a zone consistent with surrounding zoning and the overlying Regional Official Plan designations. Detailed information with respect to the lands covered by the cancelled and revised licences will be obtained from the Ministry of Natural Resources. As well, the appropriate Conservation Authorities will be consulted to determine the extent of any .lands on the subject sites which should be zoned "Environmental Protection (EP) ". Upon Council's authorization of the proposed amendments, Staff will prepare individual by -law amendments for each of the subject sites and circulate the proposed amendments and the Notices of Public Meeting to the owners and licensees of the sites and all owners of property within 120 metres. 3.5 There are active Official Plan Amendment applications on Sites 51 and 98 as identified on Attachment No. 2. Application 86 -52/D submitted by 667433 Ontario Limited on Site 51 (Part Lots 13 and 14, Concession 3, Darlington) proposes the creation of a 37 lot estate residential subdivision. Application 88 -106 /D submitted by J.R. Gibson on Site 98 (Part Lot 7, Concession 9, Darlington) proposes the creation of 4 rural residential lots. These applications will be dealt with individually and on their own merits in separate Staff Reports. Staff's consideration of same will not be prejudiced through the processing of the proposed amendments to the Official Plan and zoning by -law to reflect the cancellation of the aggregate extraction licences on these sites. 3.6 An application for Site Plan Approval (File: DEV 88 -110) has been submitted for Site #90 in Part Lot 29, Concession 4, Darlington to allow a portion of the property to be used for mineral aggregate stockpiling and for a cement batching plant. The Ministry of Natural ...5 r REPORT NO.: PD -67 -89 PAGE 5 -.--------------------s-----------------------_-----------------•------------------ Resources revoked the aggregate extraction licence for this site on March 21, 1988. However, the property remains zoned t1M311 which lists aggregate stockpiling and an aggregate processing plant as permitted uses. The Site Plan Approval application can be dealt with in conjunction with the proposed zoning by -law amendment for the subject site. 4. PERMITTED USES IN THE 11M311 ZONE 4.1 As noted earlier, the t1M311 zone of By -law 84 -63 lists a pit and a quarry as permitted uses, as well as an aggregate processing plant, aggregate stockpiling and the outside storage of aggregate materials. it is the intention of the Official Plan that these latter uses be accessory to the operation of a licensed aggregate extraction operation. Therefore, they should cease at the expiry of the Ministry's licence. However, the 11M311 zone provisions as currently structured would permit these activities to continue or be newly established upon the expiration of the licence and in our view, are contrary to the intent of the Official Plan. The Site Plan application discussed in Paragraph 3.6 of this report illustrates the difficulties with the current 11M3" zone provisions. 4.2 Staff propose to amend By -law 84 -63 to remove "processing plant - aggregate ", "aggregate stockpiling" and "outside storage of aggregate materials" from the list of permitted uses in the 11M311 zone, and to amend the definition of "Pit" and "Quarry" to specify these activities as being accessory to these uses. 4.3 Staff is requesting authorization to advertise in local newspapers to advise the general public of the date and time of a public meeting to be held in relation to the proposed zoning amendment. Staff also idl� REPORT NO.: PD -67 -89 PAGE 6 -------- -------------------.------------------------------------- - - - - -- propose to send notice to the owners and /or licensees of all properties in the Town currently zoned "M3" by By -law 84 -63. 5. CONCLUSIONS AND RECOMMENDATIONS 5.1 In order for the Durham Regional Official Plan and the Comprehensive Zoning By -law to accurately reflect the currently licensed mineral aggregate extraction operations in the Town and to encourage the concept of aggregate extraction as an interim land use, it is recommended that the Region of Durham be requested to amend the Regional Official Plan to delete or amend the references to the mineral aggregate extraction operations identified by this report as having cancelled or revised Ministry of Natural Resources' licences. Concurrently, Staff are requesting authorization to advertise for a public meeting for a proposed amendment to By -law 84 -63 to rezone those lands which are no longer licensed by the Ministry of Natural Resources for aggregate extraction as well as to advertise for a public meeting for a proposed amendment to the Comprehensive Zoning By -law to clarify the permitted uses in the "Extractive Industrial (M3)" zone. 5.2 The proposed Town's initiated Official Plan Amendment and Zoning Amendment are necessary to ensure our planning documents are brought up to date. Respectfully submitted, ----------------®--------- Franklin Wu, M.C.I.P. Director of Planning & Development JAS *FW *jip *Attach. February 17, 1989 �7� Recommended for presentation to the Committee G' - ----------------- Lawrenc .' Kotseff Chief Admi'istrative Officer i • M O _ s � a M• W O I O N I I ^ o � I o O M I • i ,z O • _ 1 O O v I i I I -711 1 I J- z a J a J _Q V ELL LL WO .. w Z Zo 3 W W Q� Z< C7 _ ow OC3 U O Z U W J V Z O W W F- IY X Q W 0 W W F N Q Z O W W U c J OI• Q O Z W O N W z W Q- w a: x W = o W Q Z W � W V d J Q W • • M O _ s � a M• W O I O N I I ^ o � I o O M I • i ,z O • _ 1 O O v I i I I -711 1 I J- z a J a J _Q V ELL LL WO .. w Z Zo 3 W W Q� Z< C7 _ ow OC3 U O Z U W J V Z O W W F- IY X Q W 0 W W F N Q Z O W W U c J OI• Q O Z W O N W z W Q- w a: x W = o W Q Z W � W V d J Q W • ATTACHMENT NO. 2 OWNER/ SITE LICENSEE LOCATION COMMENTS 50 Harvey Pt.Lt.32, C. 9 82.15 ha zoned "M3 ". Lands in Lot 32, Ambrose Pt.Lt.31 /32, C.10 Conc. 9, no longer licensed by M.N.R.. Darlington Licensed area reduced to 59.5 ha. 51 667433 Pt.Lt.13 /14, C. 3 30.3 ha zoned "M311. Site no longer Ontario Darlington licensed by M.N.R. Subject of Official Limited Plan Amendment Application 86 -52/D to create 39 lot estate residential subdivision. 52 Highland Pt.Lt.14 /15/16/17 140.43 ha zoned "M3 ". Lands west of Creek Sand C. 3, Darlington Regional Road 57 no longer licensed by & Gravel M.N.R.. Licensed area reduced to 134.0 ha. 90 Mykola Pt.Lt. 29, C. 4 4.0 ha zoned "M311. Site no longer Uriadka Darlington licensed by M.N.R.. Subject of Site Plan Application DEV 88 -110 to permit aggregate stockpiling. 93 G.A. Pt.Lt. 6, C. 4 13.75 ha zoned 11M311. Area licensed by Coombes Darlington M.N.R. reduced to 7.86 ha. 97 Cecil Pt.Lt. 22, C. 3 Site no .longer licensed by M.N.R. or zoned Mills Darlington "M3" in By -law 84 -63. Still designated in Durham Regional Official Plan. 98 J.R. Pt.Lt. 7, C. 9 2 ha zoned "M311. Site no longer Gibson Darlington licensed by M.N.R.. Subject of Official Plan Amendment application 88 -106 /D to create 4 rural residential lots. 103 M. Pt.Lt. 27/28, C. 7 2 ha zoned "M3 ". Site no longer licensed Sutherland Clarke by M.N.R.