HomeMy WebLinkAboutPSD-111-05
CI!J!ington
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 19, 2005
Report #: PSD-111-05
File #'5: COPA 2005-004
& ZBA 2005-012
By-law #:
Subject:
OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO
PERMIT THE EXPANSION OF A MINERAL AGGREATE OPERATION
APPLICANT: 1559300 ONTARIO LIMITED (RON ROBINSON LTD.)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-111-05 be received;
2. THAT the applications to amend the Clarington Official Plan (COPA 2005-004) and the
Municipality's Zoning By-law (ZBA 2005-012) submitted by 1559300 Ontario Limited
(Ron Robinson Ltd.) be referred back to staff for further processing and the preparation
of a subsequent report; and
3. THAT Durham Region Planning Department, all interested parties listed in this report
and any delegation be advised of Council's decision.
Submitted by:
D id Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
HB/CP/DJC/lb/lw
September 14, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-111-05 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: 1559300 Ontario Limited (Ron Robinson Ltd.)
1.2 Clarington Official Plan Amendment:
To change the designation of the lands from “Oak Ridges Moraine” to
permit the expansion of mineral aggregate operation.
1.3 Zoning By-law Amendment:
To change the current zoning on the lands from “Agricultural (A)” to an
appropriate zone to permit the expansion of a mineral aggregate
operation.
1.4 Site Area: 62.1 ha
2.0 LOCATION
2.1 The subject property is located at 3086 Regional Road 20 just west of Darlington
Manvers Townline Road and north of Regional Road 20 being Part Lots 1 and 2,
Concession 9 in the former Township of Darlington (see Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 Most of the subject lands are being used for agricultural purposes. At the north east
corner of the property is a 7.5 ha woodland. A Hydro One transmission corridor
easement is located across the northern portion of the site. A single dwelling and a
couple of out buildings exist on the subject property, fronting onto Regional Road 20.
Adjacent to the residential dwelling located on the property, and surrounded by the
subject lands, are two residences on properties of approximately 1 acre in size.
3.2 To the west of the subject lands is the existing aggregate licence area (20.38 ha). The
proposed expansion will include the existing licensed area.
3.3 Surrounding Uses
North Woodlands and Hydro One transmission corridor easement.
South Regional Road 20, mineral aggregate site, agricultural land and rural
residences.
East Darlington Manvers Townline Road, mineral aggregate licensed site (presently
forested and undisturbed), rural residence and woodlands
West Existing aggregate extraction area (Kovac’s Pit), Murphy Road, and agriculture.
4.0 APPLICATION BACKGROUND AND SUPPORTING DOCUMENTATION
4.1 On April 28, 2005 applications were received for an Official Plan Amendment and a
Zoning By-law Amendment to change the land use to permit the expansion of the
existing aggregate extraction area. An application was submitted on April 29, 2005 to
amend the Durham Region Official Plan (ROPA 2005-006).
REPORT NO.: PSD-111-05 PAGE 3
4.2 The application proposes to expand the existing licensed mineral aggregate operation
easterly onto the adjoining 62 ha of land. It is intended that the existing residence will
remain within the licensed area, providing employee housing or a future office for the
extraction operation. Although the woodland and hydro corridor within the north east
portion of the site are included within the licensed boundary, this area has been left out
of the proposed extraction limits.
4.3 The depth of the extraction operation will be approximately 35 to 40 metres below
existing grade and 2 m above groundwater table. Taking into account the setbacks, the
woodlot and a 30 metre buffer around the woodlot, the total area to be extracted,
including the area presently licensed will be 60.83 ha. Extraction will proceed from west
to east with progressive rehabilitation following extraction of each phase.
4.4 The operation will involve excavation, screening, crushing and blending of materials.
There is no washing of aggregate proposed. Importing of limestone products for resale
or for blending with on-site materials is also proposed. The importation and resale of
limestone will be dependent upon on-site extraction. In other words, if no extraction
occurs, then limestone cannot be imported to the site.
4.5 The following studies have been submitted in support of the applications:
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Level I and II Natural Environment Reports, Oak Ridges Moraine Conformity
Report and Natural Heritage Study prepared by Stantec Consulting Ltd, dated
April 20 2005
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Technical Background Report prepared by Skelton Brumwell and Associates,
dated April 7, 2005
?
Traffic Impact Study prepared by Skelton Brumwell and Associates, dated April
1, 2005
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Background Hydrogeologic Assessment prepared by Ian D. Wilson Associates,
dated January 18, 2005
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Sound Impact Analysis prepared by Valcoustics Canada Ltd, dated April 6, 2005
5.0 PROVINCIAL POLICY STATEMENT
5.1 The PPS states that as much of the mineral aggregate resources as is realistically
possible shall be made available as close to markets as possible and that extraction
shall minimize social and environmental impacts. Progressive and final rehabilitation is
required and the interim nature of extraction shall be recognized. Final rehabilitation
shall be compatible with surrounding land uses and approved land uses designations.
Within prime agricultural areas, extraction is permitted as an interim land use provided
that substantially the same amount of area and same average soil quality is restored
through rehabilitation for agricultural use.
5.2 The PPS prohibits aggregate extraction within significant habitat of endangered species
and threatened species, significant wetlands and fish habitat. Extraction cannot occur
within significant woodlands, significant valleylands, significant wildlife habitat and
significant areas of natural and scientific interest if extraction would cause negative
impacts on the feature or ecological functions. Lastly, extraction cannot occur on lands
REPORT NO.: PSD-111-05 PAGE 4
adjacent to any of the features identified above if the extraction would have a negative
impact on the feature or its ecological function.
5.3 The PPS requires that the long-term availability and use of land, resources and
infrastructure be optimized, hence supporting future economic prosperity.
5.4 Planning authorities are to protect, improve and restore the quality and quantity of water
by, among other things, implementing restrictions on development in order to protect,
vulnerable surface and ground water resources. Also, linkages and related functions
among surface and groundwater features and natural heritage features shall be
maintained.
6.0 OAK RIDGES MORAINE CONSERVATION PLAN
6.1 Within the Oak Ridges Moraine Conservation Plan (ORMCP), the subject lands are
designated “Countryside Area”. Lands to the east, west and south of the site are also
designated “Countryside Area”. The lands to the north are designated “Natural Core
Area”. The policies of the ORMCP take precedence over any conflicting policies of the
PPS. The ORMCP permits mineral aggregate operations within lands designated
“Countryside Area” provided that:
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the quantity and quality of groundwater and surface water will be maintained
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as much of the site as possible will be rehabilitated;
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key natural heritage features on the site and adjacent lands are maintained,
improved or restored; and
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areas of natural and scientific interest (earth science) are protected.
6.2 The ORMCP further require the health, diversity, size and connectivity of any key
natural heritage feature (that is not a young plantation or early successional habitat)
either on the site or adjacent to the site, shall be maintained, or where possible,
improved or restored.
6.3 Clarington has undertaken the necessary conformity amendments to the COP and
Zoning By-law, incorporating the provisions of the ORMCP. These documents have
been passed by Council and are currently before the Minister of Municipal Affairs and
Housing for approval.
7.0 OFFICIAL PLAN POLICIES
7.1 Durham Region Official Plan
The lands are designated “Major Open Space - Oak Ridges Moraine (Countryside)” in
the Durham Region Official Plan. An amendment is required for any expansion of an
existing aggregate operation onto lands not identified as a Resource Extraction Area.
Application for amendment shall be accompanied by technical studies to assess
potential impacts on water resources and natural heritage. Studies shall also be
submitted to address impacts of noise, dust and truck traffic haul routes. The Region is
undergoing the peer review process of these studies.
REPORT NO.: PSD-111-05 PAGE 5
7.2 Clarington Official Plan
The lands are designated “Oak Ridges Moraine” and uses permitted include
conservation, reforestation, agriculture and passive recreational uses. Aggregate
extraction is not a permitted use although the Plan provides for site specific
amendments in the consideration of aggregate pits.
In June 2004, Council adopted Amendment No. 33, being the ORMCP conformity
amendment. Once approved by the Minister of Municipal Affairs and Housing, the
designation of these lands will be “General Agricultural Area” and “Environmental
Protection”. The Environmental Protection designation recognizes the woodlot in the
northeast portion of the land holdings as it is significant. The subject lands are within an
area having the highest aquifer vulnerability rating and are in a primary area of potential
aggregate resource. Amendment to the Official Plan is required to permit the proposed
use. The proposed amendment is contained in Attachment 2 to this report.
Aggregate extraction shall occur in an orderly and efficient manner with a minimum of
environmental, social and financial impacts. The wise use of aggregate resources shall
be balanced with the Municipality’s responsibility to protect the ecological integrity of the
natural heritage system, rural landscapes and the quality of life of Clarington residents.
For instance, expansion of an aggregate extraction area shall not be permitted within a
significant woodland or within a settlement area.
The Official Plan recommends that an area-wide rehabilitation plan be prepared in
consultation with the Region of Durham, the Province and the aggregate industry. The
purpose of the plan is to identify long term rehabilitation of the landscape ensuring
appropriate landforms are created and the ecological integrity of the ORM is
maintained.
Sections 15.3.6 and 15.3.9 of the Official Plan requires that an Aggregate Extraction
Area study be submitted. This study shall address existing land uses and features,
provide a description of the operation including an extraction plan, and identify and
assess all impacts of the proposed development. In accordance with Section 15.3.8,
the Municipality can conduct a peer review of the Aggregate Extraction Area Study at
the expense of the applicant.
8.0 ZONING BY-LAW
8.1 The lands are zoned “Agriculture (A)” which does not permit aggregate extraction. In
June 2005, Council adopted Zoning By-law 2005-109, rezoning lands within the ORM.
This by-law is before the Ministry of Municipal Affairs and Housing for approval. Once
approved the lands will be zoned “Prime Agricultural”, “Environmental Protection” and
“Prime Agricultural subject to Environmental Holding Symbol”. The latter zones are
established to ensure that appropriate studies are undertaken to determine setbacks
from natural features. Rezoning is required to permit the proposed use.
REPORT NO.: PSD-111-05 PAGE 6
9.0 PUBLIC NOTICE AND SUBMISSIONS
9.1 Public Notice was given by mail to each landowner within 120 metres of the subject site
and the public notice signs were erected on the three road frontages. In addition, notice
of the public meeting was posted on the Municipality’s web site.
9.2 As of the date of writing this report, Staff have received a number of comments from the
public. The following summarizes the questions and concerns raised in these letters:
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This is an increase of almost 400% from what is currently permitted today.
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Proximity of pit to residential properties, impact on rural residential quality of life,
and negative impact on property values.
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Impact of dust and dirt on enjoyment of residential properties.
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Loss of continued use of land for agricultural purposes, is farmland considered a
natural heritage feature?
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Impact on animals and birds, specifically the red-shouldered hawk, and impact
on wildlife linkages
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Impact of air quality from diesel equipment
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Inconsistencies in the content of hydrogeologic report.
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Concern about the recommendations and conclusion of the noise report.
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Will Clarington conduct independent reports on the technical issues?
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Noise and vibration from existing local aggregate operations is currently
disruptive. Noise and vibration generated from this proposal will add to existing
levels.
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Will calcium chloride used to control dust, impact groundwater quality?
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Who will monitor contaminants including oil and gas from mechanical equipment
and fertilizers used during rehabilitation?
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Safety of children walking on Murphy Road to meet the school bus at the corner
of Regional Road 20 and Murphy Road.
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How will the current entrance handle an increase in traffic?
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Entrance should be relocated to Regional Road 20.
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Just east of the intersection of Murphy Road and Regional Road 20 is a crest
that obscures visibility of on-coming traffic. Also, this intersection is used as a
location for school bus drop off and pick up and the mail boxes are also found at
this intersection.
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Additional traffic will further degrade condition of Murphy Road and other roads.
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Does expansion onto lands not licensed for aggregate extraction qualify as a new
licence?
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Confusion exists about who owns the lands and whether someone who does not
own the land can apply to change the land use?
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The ORM CP requires a 1.25 km corridor to be maintained in linkage areas. Will
there be a 1.25km corridor?
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Will progressive rehabilitation occur in conformity with the ORMCP and
Aggregate Resources Act?
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Applicant should pay 50% of the cost of upgrading Regional Road 20 which was
paid for by the aggregate operator to the south as this operation will also benefit
from these lane improvements.
REPORT NO.: PSD-111-05 PAGE 7
10.0 AGENCY COMMENTS
10.1 Comments have only been received from Clarington Engineering Services. Their
comments are summarized as follows:
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The main entrance should be relocated to Regional Road 20.
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Continued use of any entrances onto Murphy Road will be subject to the
approval of the Director of Engineering.
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The applicant will be responsible for 100% of the cost of any improvements,
modifications or changes to Murphy Road that are deemed necessary to facilitate
the proposed expansion.
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A drainage plan detailing that existing drainage patterns will not be altered or
adversely affected is required.
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A performance guarantee estimate is required for any external works deemed
necessary by the Director of Engineering Services, including entrance
construction and modification.
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A road damage deposit in the amount of $1000.00 will be required.
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Cash-in-lieu of parkland is required at a rate of 2% of the value of the property.
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Additional comments may be applicable subject to the review of all technical
studies and reports.
10.2 All other agency comments remain outstanding awaiting the review of the technical
reports.
11.0 STAFF COMMENTS
11.1 These applications for Official Plan Amendment and Zoning By-law Amendment are to
permit the expansion of the existing mineral aggregate operation onto the adjacent
62 ha of land. The existing licensed area is on 20 ha with an annual maximum
extraction limit of 350,000 tonnes. In addition to expanding the licensed area, the
applicant is also proposing to increase the allowable annual tonnage to 1 million tonnes.
The applicant has submitted an application to amend the Durham Region Official Plan
(ROPA 2005-006) and the Region is undergoing the peer review process.
11.2 The applicant is proposing to have the existing pit’s main entrance on Murphy Road
utilized for all future phases of extraction. This would require additional ongoing
maintenance of the road by the Municipality and is a source of concern for some
residents. Final location of the main entrance has yet to be resolved.
11.3 All comments submitted, including those from the public have been forwarded to the
applicant for review and consideration.
11.4 There are a number of issues that need to be addressed including:
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Assessing the impact of this development on natural heritage features, including
groundwater and reviewing proposed mitigation measures if necessary;
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Assessing the impact of this development on surrounding land uses and
reviewing proposed mitigation measures if necessary;
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Main entrance location and assessment of the impact of traffic on existing roads;
REPORT NO.: PSD-111-05 PAGE 8
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Completion of peer review of technical studies.
11.5 Staff have not completed a review of the studies submitted in support of this application
Staff comments will be reviewed together with the comments received from the public
and the peer consultant prior to additional consideration of these applications.
11.6 The proposed licenced area includes the woodlot and the portion of the Hydro One
easement to the north, although it is not in the “area to be extracted”. The woodlot
would be better protected if excluded from the licenced area.
12.0 CONCLUSIONS
12.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the
Planning Act, and taking into consideration the outstanding comments, staff respectfully
request that this report be referred back to staff for further processing and the
preparation of a subsequent report.
Attachments:
Attachment 1 – Key Map
Attachment 2 – Proposed Official Plan Amendment
Attachment 3 – ORM Designations and Context
Attachment 4 – Operation Plan
List of interested parties to be advised of Council’s decision:
Doug and Tammy Beatty Greg White
Paul Reid Skelton Brumwell and Associates Inc.
Elizabeth Frick Ron Robinson
Anna Bragg Clayton Taylor
Kate Sperry
Janet Ralston
Keystone Sand and Gravel