HomeMy WebLinkAboutPSD-120-02
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Cl~-!gglon
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 18, 2002 J{yt . [} P GI/!-t/tfl/-tJ.2-
Report #: PSD-120-02 File #: PLN 32.12.5; By-law #:
PLN 32.12.11;COPA 97-12
Subject: REFERRAL NO.5 AND RELATED APPEALS TO THE CLARINGTON
OFFICIAL PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD -120 - 02 be received for information;
Submitted by:
a I J. Creme, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed by: O~ ~ ~~
Franklin Wu
Chief Administrative Officer
JS*DC*sh
November 11 , 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-120-02
PAGE 2
1.0 BACKGROUND
The Clarington Official Plan was approved by the Region of Durham in
September 1996. Portions of the Plan related to mineral aggregate extraction
and environmental protection were either referred or appealed to the Ontario
Municipal Board, as discussed below.
1.1 Referral No.5
In October 1996, the Aggregate Producers' of Ontario (APAO) requested the
referral of a large portion of the Plan. This referral, which became Referral No.
5, included the following:
. portions of Chapter 4 (Natural Environment and Resource
Management)
. portions of Chapter 14 (Open Space System), specifically
Environmental Protection Areas and Oak Ridges Moraine
. almost all of Chapter 15 (Aggregate Resources)
. lands designated 'Aggregate Extraction' on Map A (Land Use)
. Map C (Natural Features and Land Characteristics) as it relates to
aggregate extraction.
The APAO was concerned that the policies of the Clarington Official Plan
emphasized the protection of the natural environment over the use of resources,
and therefore did not achieve the balance required by the Provincial Policy
Statement.
1.2 Appeals Nos. 2 and 3
The Region, in approving the Clarington Official Plan, deferred their approval of
the following parts of the Plan:
. Deferral No. 7 - Section 15.3.4 which prohibits new aggregate extraction
within the portion of the Ganaraska River watershed as identified on Map
D (Aggregate Resource Areas)
. Deferral No.8 - Section 15.3.7 which sets out the study requirements for
applications for aggregate extraction
. Deferral No. 26 - the Upper Ganaraska River Watershed as shown on
Map D.
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REPORT NO.: PSD-120-02
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In 1997, the Municipality of Clarington submitted appeals (Appeal Nos. 2 and 3)
to the Ontario Municipal Board on the Region's failure to deal with these deferred
portions of the Clarington Official Plan.
1.3 Appeal of Amendment NO.3
In October 1997, the Municipality adopted Amendment No.3 to the Clarington
Official Plan. The Amendment was subsequently approved by the Region in
January 1998. The amendment was prepared in response to the new Provincial
Policy Statement issued under Bill 20 and addresses the balance in the Plan
between environmental and aggregate extraction considerations. A new section
entitled "Mineral Aggregate Resources" was included in Chapter 4. This section
provided new or revised strategic policies for mineral aggregates, and addressed
such issues as the preparation of area-wide rehabilitation plans. The definition
of "development" in Section 24 was also amended to include the extraction of
mineral aggregate.
The APAO appealed the approval of Amendment No.3 to the Ontario Municipal
Board.
2.0 NEGOTIATED SETTLEMENT WITH THE APAO
2.1 Beginning in 1997, the Municipality initiated discussions with the APAO to
resolve the various referrals and appeals related to the mineral aggregate
policies in the Official Plan. SAGA (Save the Ganaraska Again), STORM (Save
the Oak Ridges Moraine), the two Conservation Authorities, as well as the
Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing
participated in the discussions. The discussions were lengthy and the
Municipality retained a number of consultants to assist in the negotiations and in
the preparation of revised Official Plan policies and maps. A settlement was
negotiated with the APAO in mid-2000, with the concurrence of the other parties.
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REPORT NO.: PSD-120-02
PAGE 4
2.2 The settlement involved extensive changes to the Official Plan, the most
significant of which are discussed below.
i) Chapter 4
A new section entitled 'Natural Heritage System' was added to Chapter 4.
This section identifies the key components of the natural heritage system,
including the Ganaraska and Sault Forests. It also provides a number of
new policies on the Oak Ridges Moraine, including the identification of the
Oak Ridges Moraine Natural Corridor to connect the two forests.
Another new section, entitled 'Natural Resources', includes policies to
address the balance between the management and wise use of the
Municipality's mineral aggregate resources and the protection of the
natural heritage system and rural quality of life. As well, natural heritage
and socio-economic constraints to mineral aggregate extraction are
identified.
ii)
Chapter 15
Chapter 15 focuses only on "Aggregate Extraction Areas".
Extraction Areas are recognized as interim land uses and
requirements for applications to establish or expand an
Extraction Area are provided.
Aggregate
new study
Aggregate
iii) Maps
On Map A, Aggregate Extraction Areas are shown as an overlay
designation. Map C is renamed to "Natural Heritage System" and the
Ganaraska and Long Sault Forests, as well as the Oak Ridges Moraine
Natural Corridor, are identified. A new Map G, entitled "Potential
Aggregate Resources Areas, has been added. This map identifies the
unconstrained portion of the mineral aggregate resource area within which
applications for Aggregate Extraction Areas may be considered, reflecting
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REPORT NO.: PSD-120-02
PAGE 5
applications for Aggregate Extraction Areas may be considered, reflecting
the natural heritage and socio-economic constraints identified in Chapter
4.
2.3 Implementation of NeQotiated Settlement
The Implementation of the negotiated settlement required both an amendment
and a modification to the Official Plan.
Amendment No. 19 introduced the new policies and map changes required by
the negotiated settlement. It was approved by the Region in March 2001 with no
appeals.
Modification No. 173, approved by Council in October 2001, dealt with the
changes to policies and maps that have been referred or appealed to the Ontario
Municipal Board. OMB approval of Modification No. 173 was required to give full
effect to the negotiated settlement with the APAO. However, the freeze on
applications on the Oak Ridges Moraine, imposed by the Provincial Government
in November 2001 with the passage of the Oak Ridges Moraine Protection Act,
prevented Modification No. 173 from being forwarded to the OMB for approval.
The freeze was lifted in April 2002 with the release of the Province's Oak Ridges
Moraine Conservation Plan.
An OMB hearing was held on October 17, 2002 to obtain the necessary
approvals to implement the balance of the negotiated settlement with the APAO.
The Board approved Modification No. 173 and, with the exception of two policies,
refused to approve Amendment No.3. This was necessary since many of the
policies in Amendment No. 3 have been superseded by the negotiated
settlement. A copy of the OMB decision is attached.
3.0 CONCLUSIONS
The revised Official Plan policies resulting from the negotiated settlement with
the APAO, as now fully approved, capture the intent of many of the directions
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REPORT NO.: PSD-120-02
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given in the Oak Ridges Moraine Conservation Plan. These directions include
the identification of a natural heritage system with nodes and corridors based on
a series of criterion for significant natural features.
The Oak Ridges Moraine Conservation Act requires the Municipality to adopt an
Official Plan Amendment by October 22, 2003 to implement the Oak Ridges
Moraine Conservation Plan. The OMB's approval of the balance of the
negotiated settlement represents a significant advance towards that goal,
although a further amendment will be required to bring the Clarington Official
Plan into full conformity with the Conservation Plan. Key changes to the Official
Plan will include changes to the Moraine boundary, recognizing the land use
designations used in the Conservation Plan, study requirements for development
applications, groundwater protection, and landform conservation. Staff will be
reporting further on what work will be necessary to complete the conformity
exercise.
Attachments
Attachment 1 - Memorandum of Oral Decision Delivered by Ontario Municipal Board
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ISSUE DATE:
Nov. 04, 2002
'02NOV06 PM12:01 :18
ATTACHMENT 1
DECISION/ORDER NO:
1489 Onmrio
Ontario Municipal
Commission des affaires muni
PL970051
At the request of the Aggregate Producers' Association of Ontario, the Regional Municipality of
Durham has referred to the Ontario Municipal Board under subsection 17(24) of the Planning
Act, R.S.O. 1990. c. P.13, as amended, portions of the Official Plan for the Municipality of
Clarington as they apply to the specific policies or land use designations within the Plan
specifically Referral No.5'
Region's File No: LOPA-C-96-o01
OMB File No: 0970004
The Municipality of Clarington' has appealed under subsection 17(33) of the Planning Act,
R.S.O. 1990, c. P.13, as amended, from the failure of the Regional Municipality of Durham to
announce a decision respecting Sections 15.3.4 and 15.3.7 of the Clarington Official Plan
(Appeal No.2) and Deferral 26 to the Clarington Official Plan (Appeal No.3)
Region's File No: LOPA-C-96-o01
OMB File No: 0970004
i.'''''' ~~-,._-- "-"--'-~-~ .._"...._,....___~._-._,
The Aggregate Producers' Association 0 Of:itllij(rll~~~o 'he Ontario Municipal Board
under subsection 17(36) of the Planning Q.tili;$.O~~. P.13, llls amended. from a decision
of the Regional Municipality of Durham O,f!RP!~e Propose<f'1YTIe,hdment No.3 to the Official
Plan for the Municipality of Clarington ", . .., "", .... ... . , .. ,
Region's File No: LOPA-C-97-002 €'l~k,"{~~, if) .. 'd1' . '
OMB File No: 0980045 -;'-_.":~-t~' ----.".... ..<
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Parties
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APPEARANCES:
Municipality of Clarington andl""......._.... '"
Regional Municipality of DUrh~.'"''''''''''''''''-'
1.';"_",,,~-_.,., ~_ _~,..'........".....,.' .,,",."
);"0-':";,...
.. ~...,"'O. C. Hefferon*
: ""
Aggregate Producers' Associ~ti.oniof'Ontari(Y ;> .".. D. W. Fairbrother*
,.."......''^'
Save the Ganaraska Again (SAGA) and
Save the Oak Ridges Moraine (S.T.O.R.M.)
K. Guselle
MEMORANDUM OF ORAL DECISION DELIVERED BY S. W. LEE ON
OCTOBER 17, 2002 AND ORDER OF THE BOARD
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PL970051
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The Board was advised that all the parties have consented to a settlement. In
view of the urgings made to the Board and in view of the uncontradicted evidence given
by the Town planner who testified in favour of the settlement, the Board finds and
Orders as followS.
The Board is satisfied that the settlement as represented by Modification No. 173
represents good planning, conforms to the Regional Municipality of Durham Official
Plan and the Oak Ridges Moraine Conservation Act.
The Board hereby Orders:
1. That appeals 2 and 3 are made to the Board by the Municipality of
Clarington pursuant to subsection 17(33) of the Planning Act,
R.S.O. 1990, c. P.13. as amended, from the failure of the
Regional Municipality of Durham to announce its decision
respecting proposed Sections 15.3.4 and 15.3.7 and to decide the
subject of Deferral 26 of the Official Plan of the Municipality of
Clarington ("Clarington Official Plan") are consolidated with the
hearing by this Board of Referral No. 5 by the Regional
Municipality of Durham by letter dated December 13, 1996 of
portions of the Official Plan as they apply to specified policies and
designations contained in the Official Plan.
2. That the appeal of the Aggregate Producers' Association of
Ontario to this Board from the decision of the Regional
Municipality of Durham to approve Amendment No. 3 to the
Clarington Official Plan pursuant to subsection 17(36) of the
Planning Act. R.S.O. 1990, c. P.13, as amended, is consolidated
with the hearing by this Board of Referral No. 5 by the Regional
Municipality of Durham of portions of the Clarington Official Plan
as they apply to specified policies and designations contained in
it. With the exception of Sections 4 and 5 thereof, this Board
hereby refuses to approve Amendment No. 3 to the Clarington
Official Plan.
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PL970051
3. The portions of the Clarington Official Plan that apply to the
specific policies and land use designations contained in it,
referred by the Regional Municipality of Durham to this Board by
letter dated December 13, 1996 as Referral No.5, pursuant to
Planning Act, R.S.O. 1990, c. P .13, as amended, as such portions
of the Clarington Official Plan are amended by Sections 4 and 5
of Amendment No.3 to the Clarington Official Plan are modified in
accordance with Modification 173, a copy of which is attached
hereto as Attachment "1", and as so modified, are hereby
approved.
The Board so Orders.
OS. W. Lee'
S. W. LEE
MEMBER
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