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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
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REPORT NO.: PD -67 -89 PAGE 2
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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.
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inn )7
PAGE 3
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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
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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
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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
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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
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Recommended for presentation
to the Committee
G' - -----------------
Lawrenc .' Kotseff
Chief Admi'istrative Officer
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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.