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HomeMy WebLinkAboutP-66-81 wxvoce � _: f CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL 27, 1981. REPORT NO. : P-66-81 SUBJECT: Proposed Rezoning and Development Agreement Lot 32, Con. 10, former Township of Clarke Salco Sand & Gravel (Eastern) Ltd. Files: Z-A-3-6-8 and S-P-3-6 RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That Report P-6.6-81 be received; and that 2. The necessary authorizing by-law be passed to permit execution of the attached development agreement; and that 3. The attached amendment to Restricted Area By-law 1592, as amended, be forwarded to Council for approval; and that i• C,I t ancl_znn3_ng - _-- --- - -_ - _- - _ _ ----- _ ---by-law b-e forwarded-to-_the Ministr f-Natural Resources----- for information and that the Ministry be advised that the Town of Newcastle has no objection to the issuance of a Licence to Salco Sand and Gravel (Eastern) Ltd. for / I aggregate extraction. } .; 2 - BACKGROUND: On December 18, 1980, the above noted application was received by Town Staff. The application requests an amendment to the Clarke Zoning By-law to rezone a 26.9 ha (66.6 ac.) parcel of land fronting on Regional Road 20, the Tenth Line and the road allowance between lots 32 and 33, Concession 10, former Township of Clarke. - - -- - - -The—pr p ose of-this rezonin g "is-to"-implement -ttue Viand use"designation - - - -- — of the Durham Regional Official Plan, as incorporated by Amendment 44, which permits the development of this site for Mineral Aggregate Resource Extraction. It should be noted, that Amendment 44 is presently before the Minister of Housing for approval and consequently final approval of the implementing zoning by-law will not be possible until ministerial approval of the necessary Official Plan amendment. The site is presently zoned "Agriculture" by by-law 1592 for the former Township of Clarke. The required amendment would apply a "special provision" to this site in order to permit the proposed aggregate extraction operations. The application was the subject of an extensive circulation in respect of the prerequisite Official Plan amendment, however, a further circulation to concerned agencies has been carried out. The results of this more recent circulation are summarized below: Durham Regional Planning & Works Departments - e subject site is designated as a "Mineral Aggregate Re- source Extraction Area" (Area No. 113) by Amendment No. 44 to the Durham Regionaacial Plan. T�iis proposed gravel pit conforms to the Durham Plan as amended. This amendment, however, is presently in front of the Minister of Housing for consideration and we will inform you when the Minister has dealt with same. We request that the following Regional requirements be specified as conditions of approval in the event that your Council is favourably disposed to the subject application: a) That the road widening and daylight triangle (as marked in red on the attached plan) abutting Regional Road No. 20, a) - 3 - be dedicated, free and clear of all encumbrances, to the Regional Municipality of Durham. b) That a 0.3 m (1'0") reserve (marked in green on the attached plan) across the total frontage of the property abutting Regional Road No. 20 as widened, be dedicated free and clear of all encumbrances, to the Regional Municipality of Durham. (Staff note that subsequent discussions with Regional staff indicated that the Region would consider direct access to Regional Road 20, as requested by the Town's Works Dept. subject to the applicant satisfying their requirements.) Ganaraska Region Conservation Authority As with Official Plan Amendment No. 44, the Conservation Authority has no objection to the proposed amendment. However, in consideration of Sections 2.4.3.4 and 2.4.3.5 of Part 1 of the Town of Newcastle's District Plan, we wish to ensure that there are no impacts on the water table. As well, we feel that as the pit is rehabilitated an effort should be made to contour the pit floor so that it will compare more closely to surrounding topography. Town of Newcastle Public Works Department - It is noted that .access is being proposed from the road allowance abutting the south-east corner of the subject property; this is of concern in that, in order to accommo- date truck traffic, improvements would be required to the access road. It should be borne in mind that Regional Roads are designed and intended for use by heavy traffic and the optimum route of access would, therefore, be via Regional Road 20. In the event that access by Regional Road 20 is not imple- mented, and if the rezoning is approved, the approval should be conditional upon the Applicant meeting all requirements of the Town for example: 1) A one-foot reserve would be required abutting Town road allowances; 2) The applicant would be required to enter into an agree- ment with the Town in respect of the responsibility for the costs of any improvements to Town roads; also the applicant would be required to contribute to any additional (heavy) traffic. - - - - - - 3)- in some -areas-it 4s-qult-e passible-that an add-Ltianal—tee (10) feet of land would be required in order to accommodate improvements to meet Town standards. VV/ - 4 - In addition to solicited comments, staff received a copy of comments from the Ministry of the Environment to the Min- istry of Housing in respect of Official Plan Amendment 44. Said comments suggested certain modifications to impose setback require- ments for excavations, and crushing and screening operations from residential uses. Such requirements are more appropriately addressed through the implementing restricted area by-law and, therefore, we have indicated to the Ministries of the Environment and Housing our intention to do so. COMMENTS: Staff have reviewed the submitted application and have no objection to it. We would note, however, that Council Resolution C-1081-79, following, requires the applicant to enter into an agree- ment with the Town to address the following concerns identified during our earlier consideration of Amendment 44 to the Durham Regional Official Plan. "I. WHEREAS Salco Sand and Gravel are a licensed sand and gravel operator in our municipality, and 2. WHEREAS the Town of Newcastle is attempting to provide a larger industrial base in the municipality, and 3. WHEREAS the present Regional Road 20 is presently being used by other sand and gravel operators outside our community, and 4. WHEREAS the Town of Newcastle cannot prevent the use of and gravel trucks, and 5. WHEREAS Salco Sand and Gravel have contracted to use a nearby pit in our municipality, and 6. WHEREAS there have been no objections by the concerned Ministries to date, and 7. WHEREAS the Town of Newcastle recognizes the concerns of the citizens on Regional Road 20, and - 6 - pending comments from the Town's solicitor and other Department Heads. Similarly, the matter of specifying truck routes should be reinforced by a separate by-law for regulating heavy traffic pre- pared pursuant to Section 354(1) s.s. 107 of the Municipal Act. Inasmuch as Council has previously expressed concerns about traffic - - - - -conflicts inherent with such sand-and-gravel operations, 1t -may -be - - appropriate for the Works Committee to investigate such a by-law for designating truck (heavy vehicle) routes. In the absence of such by-laws, staff have negotiated a development agreement with Mr. Saller, the representative of Salco Sand and Gravel Ltd. (Attachment 1) , which addresses as many of the identified concerns as possible. In addition, staff, as previously noted, have prepared a draft by-law amendment for the subject site, which is also included for the Committee's consideration (Attachment 2) . We would note that final approval of the by-law is dependent upon Ministerial Approval of Amendment 44 to the Durham Regional Official Plan. We are, therefore, suggesting that the by-law be forwarded to the Ontario Municipal Board for approval, in part due to the impending Board Order in respect of the Pits and Quarries section of the Regional Plan and in part due to the concerns expressed by residents of the area during the processing of the Official Plan Amendment. Upon approval of the by-law and execution of the develop- _-.._. ment agreement, Salco Sand and Gravel will be eligible for a licence I i i - 7 - to operate which must be issued by the Ministry of Natural Resources. In that regard, copies of the subject by-law and agreement should be forwarded to the Ministry. Resp*smit-1hy, ubmitted, TTE:lb _ _ _ D.- N. .G-.I.P-,_ March 25, 1981 Director of Planning