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HomeMy WebLinkAboutPD-43-83 lv 0. 5 3.9q. CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 7, 1983 REPORT NO. : PD-43-83 SUBJECT: PROVINCIAL MINERAL AGGREGATE POLICY I RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-43-83 be received; and 2. That the Ministry of Natural Resources and the Foundation for Aggregate Studies be advised that Council has no objection at this time to the Ministry of Natural Resources Mineral Aggregate Policy for Official Plans and the mineral aggregate production provisions in the Lindsay District Land Use Strategy;and 3. That a copy of this Report be forwarded to the Ministry of Natural Resources and the Foundation for Aggregate Studies. i i I Report No: PD-43-83 . . ./2 BACKGROUND: At its October 25th, 1982 meeting, the General Purpose and Administration Committee considered Staff Report PD-180-82. * This Report, which is attached for Council 's information , dealt with the Provincial Mineral Aggregate Policy as outlined in the Ministry of Natural Resources District Land Use Strategies and certain claims made by the Foundation for Aggregate Studies with respect to the Policy and the District Strategies. Staff recommended in the Report that the Ministry of Natural Resources and the Foundation for Aggregate Studies be advised that the Town of Newcastle supports the Ministry of Natural Resources Mineral Aggregate Policy and the Mineral Aggregate Production Provisions in the Lindsay District Land Use Strategy. However, the Committee resolved (Resolution No. GPA-1190-82) to table the Report to give an opportunity for the Chairman (Councillor Taylor) to review this matter with staff and bring forward a Report to Council . Staff met with Councillor Taylor on February 17th, 1983 to discuss this issue. Discussions centred on the manner in which the draft Comprehensive Restricted Area By-law deals with mineral aggregate production and whether or not Council should be indicating its support for the Provincial Mineral Aggregate Policy. As a result of the discussion, staff wish to emphasize that the draft Comprehensive By-law does not identify and designate high-potential mineral resource areas. It does include an "M-3" (Extractive Industrial ) Zone; however, only existing licenced pits and quarries identified by the Durham Region Official Plan will be so designated. Report No: PO-43-83 . . ./3 The Regional Official Plan requires an Official Plan Amendment before any new mineral resource extraction areas can be established, and the Comprehensive By-law would also require the subject site to be rezoned to "M-3" to recognize the operation. The Comprehensive By-law lists wayside pits as a permitted use in the "A" (Agricultural ) Zone and, as such, would not require an amendment to the Restricted Area By-law. This provision is in keeping with Section 4.2.10 of the Regional Official Plan. i Staff feel that the claims made by the Foundation for Aggregate Studies with respect to the Provincial Mineral Aggregate Policy and the Ministry of Natural Resources District Land Use Strategies are somewhat exaggerated; however, the policy as stated does have the potential for far-reaching implications, especially for viable agricultural land, and an indication of support from the Town of Newcastle may not be appropriate. Therefore, staff respectfully recommend that Council advise the Ministry of Natural Resources and the Foundation for Aggregate Studies that the Town of Newcastle has no objection to the Ministry of Natural Resources Mineral Aggregate Policy for Official Plans and the Mineral Aggregate Production Provisions in the Lindsay District Land Use Strategy. Respec ull mitted, i T. T. Edwards, M.C. I.P. Director of Planning JAS*TTE*mjc F wary 23, 1983 y 1U Q L CORPORATION OF THE T0VVN OF NEW PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Dirodw HAMPTON,ONTARIO LOB 1JO TEL.(416)283.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25 , 1982 REPORT NO. : PO-180-82 SUBJECT: PROVINCIAL MINERAL AGGREGATE POLICY FOR OFFICIAL PLANS RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: �Y 1 . That Report PD-180-82 be received; and 2. That the Ministry of Natural Resources and the Foundation for Aggregate studies be advised that Council support, the Ministry of Natural Resources Mineral Aggregate Policy for Official Plans and the Mineral Aggregate Production Provisions in the Lindsay District Land Use Strategy; and 3. That a copy of this Report be forwarded to the Ministry of Natural Resources and the Foundation for Aggregate Studies. i i I I � r r r � Report No: PO-180-82 BACKGROUND: In early 1982, the Ministry of iatural Resources adopted the "Co-ordinated Program Strategy ' or Southern Ontario" , a document intended to co-ordinate the Ministry's policy with respect to natural resource planning in the Province, and to provide direction for the preparation of more detailed land use strategies for each of the Ministry 's administrative districts in Southern Ontario. The Town of Newcastle lies entirely within the Lindsay District. As with the other District Strategies , the Lindsay District Land Use Strategy outlines the Ministry 's preferences for land use and resource management in the District. The Strategy is divided into five program areas , one of which is Mineral Resources , specifically mineral aggregates such as sand and gravel . The objective for mineral aggregate production , as given by the Strategy , is to meet future demand to the year 2000, while the target is to ensure specific production of mineral aggregate required to meet this demand. The Strategy states that , beyond this target , the Ministry will seek protection of as much additional aggregate resource as is practicable in the context of other land use planning objectives to ensure the availability of the resource in the future. To that end, mapping was produced which indicates the location of significant mineral aggregate resource deposits in Lindsay District ; in the Town of Newcastle the Oak Ridges Moraine and selected deposi.ts of- glacial Lake Iroquois are shown as having high production potential . (Attachment- 1 ) The Strategy also mentions the "Mineral Aggregate Policy for Official Plans" , a Provincial policy aimed at ensuring that all new and revised municipal plans contain suitable policies for the protection of adequate aggregate resources . I i �.yd Report No: PD-180-82 .. ./3 The provisions in the Durham R:�gional Official Plan relating to mineral aggregate productioi are based on this Provincial policy. On August 30th, 1982, a letter from the Foundation for Aggregate Studies was received by the Town of Newcastle. The letter contended that the District Land Use Strategies for the Central Region of Ontario recently released by the Ministry of Natural Resources collectively designate as much as five hundred thousand (500,000) acres of land in Southern Ontario for mineral aggregate extraction purposes , thereby removing these lands from municipal planning control by imposing a required land use designation. The letter also contends that the "Mineral Aggregate Policy for Official Plans" has not been endorsed by the Provincial Cabinet and therefore should be rescinded immediately. The Foundation urges the various local municipal councils to pass a resolution protesting the designations given on the map and requesting the government to curtail the activities of the Ministry of Natural Resources with respect to Mineral Aggregate Production Policy. I This letter was referred 'by Council to the Planning Department for a report back to Committee on the impact of the policy on the Town. This Report addresses the Ministry of Natural Resources Mineral Aggregate Production Policy and the implications of this Policy for the Town of Newcastle. COMMENTS: The Town of Newcastle received a copy of the draft Land Use Strategy for Lindsay District from the Ministry of Natural Resources in mid-July of this year. I Report No: PD-180-82 . . ./4 Staff indicated a general support for the major goals of the Strategy 'in their comments to the Ministry. Specific comments were provided in the context of the Town 's draft Comprehensive Restricted Area 3y-law, since the Town is involved in natural resource management primarily through decisions on rezoning applications, site plan approvals and the negotiation of subdivision agreements. Staff noted that the draft by-law does not specifically indicate high potential mineral resource areas ; however, the Oak Ridges Moraine, which is the most significant aggregate resource area in Newcastle, is designated primarily as "Agricultural ". This designation severely restricts the extent and intensity of land uses permitted and therefore , the draft by-law indirectly preserves the mineral resources of the Moraine for future use. Staff requested and received Council 's endorsement of these comments at the Council Meeting of October 4th, 1982 (Resolution No. C-784-82) . The Mineral Aggregate Resource Policies given in the Durham Region Official Plan seek to ensure the optimum utilization of the Region 's mineral aggregate resources and to protect the resources from incompatibly land uses. The policies, however, emphasize that the negative environmental and social impacts resulting from ':his utilization must be minimized. The Official Plans Policy section on Mineral Aggregates is supplemented by a map which indicates high potential mineral aggregate resource areas. ThiS map does not give statutory land use designations; rather, it is only intended to provide geological information, V Report No: PD-180-82 /5 It should be noted at this point that this map is very similar to the corresponding r°,ap in the Lindsay Distract Strategy with respect to the ,areas in Newcastle having high * aggregate production potentials . (Attachment 2) The Official Plan states that the Council having jurisdiction may allow non-aggregate development within the areas indicated by the map in the Official Plar. 'as having aggregate potential , provided that the Council has regard for the map and that the proposed development will not necessarily preclude the option of mineral aggregate extraction or that the proposed development takes higher priority than aggregate extra:lion. Existing pit and quarry operations are recognized by Fhe Ple.n with specific land use designations and no new opera:ion or an expansion to an existing operation is permitted without an amendment to the Official Plan. The Official Plan ' s policies j;,e an interpretation of the Provincial policy statement "wineral Aggregate Policy for Official Plans" , and were forilulated as the result of an extensive review involvin g �r,e.iotiations ith the Ministry of Natural Resources and the Aggregate Industry, These policies represent an approach to mineral aggregate resources that is acceptable ;o both the Region of Durham and the Ministry of Natural R;:,sources. As well , they were approved by the Ontario Municipal Board in 1980, and thus can be interpreted as Provincia, government ;policy. The Ministry of Natural ResouI^ces acknowledges in the Lindsay Strategy and the othe , District Strategies, that much of the land in Southern Ontario is privately owned and that the planning authority t) organized municipalities rests primarily with the municipality. The Ministry Report No: PD-180-82 ---— indicates that the Strategies )re not intended to impose land use designations on lard .ontrolled by municipal councils. Ins,ead, they present, an outline of many of the Ministry's preferences for land use and resource management on private land in the various )ist�,Icts. Ministry staff indicated in recant discussions with Town staff that the final versions J-i the various District Strategies, including the Li;.d;;ay District Strategy, will be reviewed by the Minister and Daputy Minister of Natural Resources. However, each Dist^ict- Strategy will only be signed by the appropriate Regional Director and District Manager. Thus the Strategies gill not become Provincial policy; rather, they will be used as .working documents 'dy Ministry staff for such functions as commenting on subdivision and official plan amendment applications. Based on our review, staff do not feel that the Ministry of Natural Resources' poli'ci`es with` respect io mineral1L ' aggregate production have an adverse effect on the Town of Newcastle. It is therefore recommended that Council advise the Ministry of Natural Resources and the Foundation for Aggregate Studies that the Town of Newcastle supports the Ministry of Natural Resources Aineral Aggregate Policy for Official Plans and the Mineral Aggregate Production Provisions in the Lindsay District Land Use Strategy. It is further 'recommended that a copy of this Report be forwarded to the Ministry of Natural Res-urces a,nd :.he Fctir.dat-or, -,'or Aggregate Studies. Respect 1 tted , I T. T. Edwards , M.C. I.P> Director of Planning JAS*TTE*mjc !October 14, 1982 , A r. 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