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HomeMy WebLinkAboutP-115-79 1 <x CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D. N. Smith,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF July 5, 1979. REPORT NO. : P-115-79 SUBJECT: Official Plan Amendment Application - Salco Sand and Gravel - Part Lot 32, Con. 10, former Township of Clarke File: 79-8/D BACKGROUND: In March of this year, the Town was forwarded the above noted application for comments. The applicant is seeking a redesignation of the subject lands from "Major Open Space-Oak Ridges Moraine" to "Extractive Industrial" to permit the extraction of sand and gravel. I The subject site is presently zoned "Agriculture" in the Restricted Area By-law for the former Township of Clarke which does not permit the proposed use. Approval of the proposal will, therefore, also require rezoning. The proposed amendment was advertised in March of this year in i order to solicit public input. As a result of this advertisement, we received one brief from the residents of the area objecting to the pro- posal (copy attached) . The main points of concern contained therein are summarized below: 1•�U ' �V)11 2 - 1. environmental impact; residents suggest three independent engineering reports to be made available for public review; 2. rehabilitation of pits; residents suggest a trust fund paid by operator to be used for rehabilitation during and after extraction; 3. truck traffic through residential areas - residents suggest that a private commercial road be built linking all pits to Regional Road 57 or Highway 35. We should also point out that the residents have indicated their intention to sue for damages if the proposal is approved. The proposal was also circulated to various agencies for their comments and these are summarized below: 1. Town of Newcastle Works Department - no objection due to expected decrease in present truck traffic on Leskard Road; approval should be conditional upon the applicant entering into an agreement with respect to resolving any concerns; 2. Durham Regional Works Department - no objection subject to dedication of road widenings, sight triangles and a 0.3 m reserve along Regional Road 20; 3. Ministry of the Environment - no objections; however, re- commend no extraction closer than 150 m to the site's northern limit, visual buffering and access from the Ninth Concession; the Ministry does not anticipate any significant impacts upon I ground water; 4. Ministry of Natural Resources - no objection. 5. Ministry of Agriculture and Food - no objection. 6. Ganaraska Conservation Authority - no objection. 7. County of Victoria - no objection. Our review of the comments received indicates that the major concerns originate with area residents and that there are no overwhelming objections from the various agencies having jurisdiction. In fact, many of the residents' concerns may be due to a lack of understanding of the extent to which this proposal will be controlled through existing Provin- cial legislation governing licensing and local controls through zoning. - 3 - �. With reference to these concerns, the Pits and Quarries Control Act requires that Pits and Quarries be licensed and that an application for such a licence be supported by site plans which include the following: • physical features • adjacent land uses • existing and proposed on-site structures e existing and final grades • drainage • entrances and exits • ultimate pit development and rehabilitation • site geology • any other information required by the Minister If, in the opinion of the Minister, the operation of a proposed pit would not be in the public interest, after considering the natural environment, total local pit or quarry output, local traffic densities, effects on water table or surface drainage, and the effects upon adjacent lands or communities, issuance of a licence shall be refused. In this instance the Ministry responsible has no objection to the principle of the proposal, however, the issuance of a licence is dependent on the site being appropriately zoned. In that regard, the requirements of the Ministry quite clearly address the engineering aspects of the proposal. Furthermore, the Ministry also requires the posting of securites for the rehabilitation of pits and quarries. The Durham Regional Official Plan also addresses these matters as well as matters related to truck routes and rehabilitation of abandoned Pits. - 4 - At the present time, the manner in which the Durham Regional Official Plan proposes to deal with applications to establish or expand Pit and Quarry operations is before the Ontario Municipal Board; and the subject of further discussions between the Region and the Ministry of Natural Resources and the Aggregate Producers Association of Ontario, in an attempt to resolve points of concern. The Ministry of Natural Resources has, in fact, suggested two alternative proposals for reducing the number of issues before the Board. (Copies of correspondence attached.) Our review of these proposals and the existing Provincial legislation in- dicate that many of the municipality's concerns are presently being addressed and outstanding items may be resolved during present discussions of the Board proceedings. Among those concerns not presently dealt with, are the rehabilitation of existing inactive or abandoned pits not presently subject to present legislation conerning rehabilitation of pits licensed under the Pits and Quarries Act; and the entering into agreements related to financial securities and other matters such as road improvements and routing of truck traffic. However, with respect to the latter, the Town may pass a by-law under Section 354(1) 123 of the Municipal Act for regu- lating Pit and Quarry operations, or may suggest to the Minister of Natural Resources that he issue a licence to operate, subject to specific terms and conditions, as determined to be necessary during the municipality's review of the licensing application. These terms or conditions, may or may not be imposed at the Minister's discretion. Staff note that the Pits and Quarries Control Act has been reviewed by the Ministry of Natural Resources and a new Act, the "Aggregates Act" - 5 - has received first reading in the legislature. The new Act apparently will provide additional authority for the rehabilitation of pits and quarries. Staff have been advised that copies of the new Act are to be circulated to all municipalities. CONCLUSION: The existing and proposed mechanisms for regulating the operation of pits and quarries are adequate, in respect of the Town's concerns; however, it is suggested that a public meeting be held to outline existing controls. RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That this report be received; and that 2. Prior to making a decision respecting Salco Sand and Gravel's Official Plan amendment application 79-8/D, that a public meeting be held and representatives of the Ministry of Natural Resources and Town of Newcastle Works Department be invited to attend. Respectfully submitted, TTE:lb D. N. Smith, M.C.I.P. June 27, 1979 Director of Planning Encl.