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HomeMy WebLinkAboutPSD-120-02 'Ii" .,ji. 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 665 . 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. 666 . REPORT NO.: PSD-120-02 PAGE 3 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. 667 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 668 -. 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 669 REPORT NO.: PSD-120-02 PAGE 6 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 670 . 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~' ----.".... ..< " J \ , ; " ....-.. '-"I - ~- ....."". _~_ "' <>0' , . . ~~->'-~"""""'''''''-'-4 Parties ,_.,........,..,.._-, . f'.'._.;.,..'...._...~..;.. ,-.-".,. -'.....~,-.."" ,'""'.....T. ,....,- r,:,:. ",. ,,::.;' ';','_:::Jounsel*/Aaent 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 671 . . -2- PL970051 . 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. 67? .. . -3- 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 673