HomeMy WebLinkAboutPD-277-89.-I uK4 .,.y
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TOWN OF NEWCASTLE
PUBLIC MEETING
General Purpose and Administration Committee
DATE: Monday, November 6, 1989
REPORT #: PD 277 -89 FILE #: DEV 89 -83 & DEV 89 -117
File #
Res® #
By -Law #
SUBJECT: PROPOSED AMENDMENTS TO THE COMPREHENSIVE ZONING BY -LAW WITH RESPECT
TO: a) THE DEFINITION OF PIT AND QUARRY; b) AMEND THE PERMITTED
NON- RESIDENTIAL USES IN THE "EXTRACTIVE INDUSTRIAL" ZONE; c) AMEND
SCHEDULE 1 TO REFLECT A CHANGE IN ZONING IN THOSE AREAS WHERE THE
AGGREGATE EXTRACTION LICENSE HAS BEEN REDUCED. d) AMEND SCHEDULE
1 AND SCHEDULE 2 TO REFLECT A CHANGE IN ZONING FOR THOSE SITES NO
ER POSSESSING AN TGGDE — rn�_I1��jTlT+
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 277-89 be received; and
2. THAT the proposed amendments to the Comprehensive Zoning By -law
which include: amending the definition of Pit and Quarry; amending
the permitted non - residential uses in the "Extractive Industrial
(M3)" zone; amend Schedule 1 to reflect a change in zoning in
those areas where the aggregate extraction license has been
reduced; and amend Schedule 1 and Schedule 2 to reflect a change
in zoning for those sites no longer possessing an aggregate
extraction license be referred back to Staff for further processing
to enable Staff to evaluate and consider any comments /concerns
offered through the Public Meeting forum; and
3. That pursuant to Section 24 of the Planning Act, the amending By-
laws addressing the changes on the six sites not be passed until
the appropriate amendments to the Durham Region Official Plan
receive approval from the Region.
1. BACKGROUND
1.1 On March 13, 1989, The Town of Newcastle Council passed a
resolution stating that the Region of Durham be requested to amend
the Durham Region Official Plan with respect to those mineral
aggregate extraction operations that have had cancelled or revised
Ministry of Natural Resources licences.
...2
REPORT PD -977 -89 PAGE 2
1.2 On that same day, Council passed a resolution authorizing Staff to
advertise for a public meeting for the following proposed
amendments to the Town of Newcastle Comprehensive Zoning By -law 84-
63:
a) remove the "Extractive Industrial (M3)" zone from those lands
which are no longer licensed or have had a reduction in the
area licensed for aggregate extraction, by the Ministry of
Natural Resources for aggregate extraction and to place an
appropriate zoning on such lands; and
b) to clarify the "Permitted Non - Residential 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
c) to amend the definition of "Pit" and "Quarry" to reflect that
"processing plant- aggregate ", "aggregate stockpiling" and
"outside storage of aggregate materials" may be permitted only
as accessory uses.
2. PURPOSE OF THE AMENDMENTS
2.1 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. This
policy is supported in the Durham Regional Official Plan (Section
4.2.2) which states that once mineral agggregate 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.
2.2 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
...3
5
REPORT NO PD- 277-89 PAGE 3
three (3) sites which are no longer licensed but remain identified
as extraction operations in the Durham Region Official Plan and are
shown as zoned 11M3" on Schedules 1 and 2 of the Town of Newcastle
Comprehensive Zoning By -law 84 -63, as amended. A further three (3)
sites remain licensed but have had their licensed areas reduced
below that which is indicated in the Official Plan and By -law 84-
63.
2.3 Attachment No. 1 to this report reveals the location and
identification numbers of the subject aggregate extraction
operations as shown in the Regional Official Plan. Attachment
No's. 2 to 7 provide more detailed information on each of the
sites.
2.4 In addition to a pit and a quarry being permitted uses in the
"Extractive Industrial (M3)" zone, an aggregate processing plant,
aggregate stockpiling and the outside storage of aggregate
materials are also allowedin the current zoning by -law. This is
contrary to the intent of the Official Plan which indicated these
latter uses should be permitted only as accessory to the operation
of a licensed aggregate extraction operation. Hence, 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 11M3" zone, and
to amend the definition of "Pit" and "Quarry" to specify these
activities as being accessory to these usesso as to bring the
current by -law into conformity to the Official Plan.
3. PROPOSED
3.1 The proposed amendements have been considered in the following
order and would have the following effects
a. Amend the definition of "Pit" to specify that "a processing
plant- aggregate ", aggregate stockpiling" and "outside storage
of aggregate materials" may be permitted as accessory uses.
...4
1)'l 4
REPORT PD -277 -89 PAGE 4
b.
Amend the definition of "Quarry" to specify that "a processing
plant- aggregate ", "aggregate stockpiling" and "outside storage
of aggregate materials" may be permitted as accessory uses.
C.
Amend the "Permitted Non - Residential Uses" in the "Extractive
Industrial (M3)" zone by deleting "a processing plant -
aggregate", "aggregate stockpiling" and "outside storage of
aggregate materials ". This amendment would ensure that these
uses may not exist as "primary uses" in this zone.
d.
Amend Site 50, located in Part Lot 32, Concession 9, former
Township of Darlington to reflect a 22.65 ha reduction in the
area licensed for aggregate extraction. The licensed area has
been reduced to 59.5 ha. The area no longer licensed will be
zoned "Agricultural (A) ".
e.
Amend Site 52, located in Part Lot 17, Concession 10, former
Township of Darlington to reflect a 6.43 ha reduction in the
area licensed for aggregate extraction. The licensed area has
been reduced to 134 ha. The area no longer licensed will be
zoned "Agricultural (A) ".
f.
Amend Site 90, located in Part Lot 29, Concession 4, former
Township of Darlington to delete the "Extractive Industrial
(M3)" zone to reflect a site that is no longer licensed for
aggregate extraction. The area no longer licensed will be
zoned "Agricultural (A)" and "Environmental Protection (EP) ".
g.
Amend Site 93, located in Part Lot 6, Concession 4, former
Township of Darlington to reflect a 5.89 ha reduction in the
area licensed for aggregate extraction. The licensed area has
been reduced to 7.86 ha. The area no longer licensed will be
zoned "Agricultural (A) ".
h.
Amend Site 98, located in Part Lot 7, Concession 9, former
Township of Darlington to delete the "Extractive Industrial
(M3)" zone to reflect a site that is no longer licensed for
aggregate extraction. The site will be rezoned to
"Agricultural (A) ".
i.
Amend Site 103, located i Part Lot 27/28, Concession 7, former
Township of Clarke, to delete the "Extractive Industrial (M3)"
zone to reflect a site that is no longer licensed for
...5
D25
REPORT PD -277 -89 PAGE 5
aggregate extraction. This site will be rezoned
"Agricultural (A)" and "Environmental Protection (EP) ".
4. PUBLIC NOTICE & SUBMISSIONS
4.1 Staff notes that the date fo the Public Meeting was advertised in
the local newspapers and the appropriate notice was mailed to each
landowner within the prescribed distance in accordance with the
requirements of the Planning Act for public notices.
4.2 As of the writing of this report, no written submissions have been
received. However, numerous telephone and counter enquiries for
the purpose of clarification have been made.
5. AGENCY COMMENTS
5.1 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:
- Town of Newcastle Public Works Department
- Town of Newcastle Community Services Department
- Town of Newcastle Fire Department
- Central Lake Ontario Conservation Authority
- Durham Region Health Department
- Ministry of Natural Resources
5.2 Durham Region Planning Department noted that an amendment to the
Durham Region Official Plan is being processed which will address
these changes in aggregate extraction licenses. The Region also
stated that this matter will also be included as part of the
Regional Official Plan review process which is currently underway.
In addition, clarifying the "permitted uses" in the 11M3" zone is
essential to Official Plan conformity since the Durham Region
Official Plan clearly indicates that "processing plant - aggregate ",
"aggregate stockpiling" and "outside storage of aggregate
materials" are to be accessory to an aggregate extraction
operation. ...6
F5 -2-6
REPORT PD- 277 -89 PAGE 6
5.3 The Ganaraska Region Conservation Authority had no objection to the
proposal, however, they did request that those areas currently
zoned "Environmental Protection" remain so zoned.
5.4 Comments have yet to be received from the following agencies:
- Durham Region Works Department
- Ministry of the Environment
6. RECOMMENDATIONS
6.1 The purpose of this Report is to comply with the requirements of
the Planning Act and provide the public the opportunity to state
comments /concerns regarding the amendments. Accordingly, Staff
respectively recommends that the proposed amendments be referred
back to Staff for further processing.
Respectfully submitted,
Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P. t, rend eE. Kotseff
DIrector of Planning Chief Administrative
and Development Officer P
HM *FW *cc
*Attach
26 October 1989
Interested parties to be notified of Council and Committee's decision:
Harvey Ambrose Highland Creek Sand & Gravel
800 Wentworth St. E. P.O. Box 338
Oshawa, Ont. L1H 8A9 Pickering, Ont. L1V 2R6
Mykola Uriadka
R. R. #3
Bowmanville, Ont L1C 3K4
J. R. Gibson
Box 57
Hampton, Ont. LOB 1J0
Joan Hudgins
R. R. 1
Bowmanville, Ont. L1C 3K2
G. A. Coombes
R. R. #5
Bowmanville, Ont
W. Cochrane
R.R. #1
Orono, Ontario
L1C 3K6
LOB 1M0
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