Matthew Bulmer has raised concern that perhaps Puslinch council should consider three-dimensional zoning when it comes to gravel extraction.
Bulmer’s comments on Oct. 7 arose as part of a proposed aggregate expansion of an existing aggregate operation at the Puslinch Pit (6803 Laird Rd.) by Cox Construction Limited.
Council was to enact a bylaw to rezone part of Lot 13, Concession 4 from agricultural to extractive.
Wellington County manager of development planning Aldo Salis’s report stated, “based on the comments from public agencies and the township’s peer review consultants, the applicant has demonstrated that the proposed pit expansion will not impact the existing road system, nearby agricultural operations, or any existing or potential water supplies and groundwater resources.”
Salis believed the natural heritage features and functions will be adequately protected.
He further noted the applicant agreed to include additional operational conditions (i.e. groundwater monitoring, prohibition of specific activities, etc.) to enhance environmental protection at this site. There are no outstanding technical issues regarding the proposed pit expansion.
“In our opinion, the applicant has addressed the applicable provincial and county planning policies related to the proposed pit expansion use.”
Bulmer said the Wellington County planning report relies heavily on the site plan which is an aggregate licensing document.
While many of the technical issues may have been addressed Bulmer said, “my expectation is that most of the hydrogeology on this site would have been to a specific depth – a finite depth of extraction – but the current zoning bylaw does not recognize a limit to the depth of extraction.
“In fact, what we are being asked to approve is an unlimited depth of extraction within our zoning bylaw.”
He said he understood municipalities have the capability of three-dimensional zoning.
Mayor Dennis Lever agreed there are still some significant questions about the idea of vertical zoning.
“We were hoping there would be some test of that in a Waterloo decision, but that never came about.”
Bulmer said he preferred the zoning reflect the actual work which was done – plans were modelled to a certain depth.
He added he had no issue with that approach rather than asking the applicant to work to an infinite depth.
Bulmer asked if a depth could be included.
Lever agreed the request could be made to the county, but was unaware of a successful case of vertical zoning being implemented.
Salis said the applicant had requested the full-extractive zoning. He agreed that historically applications to the township have had limitations.
He believed the depth would be based on the material to be extracted.
Lever questioned the phrase “expansion” since this was a new license being applied for with the MOECC.
“I admit when I read through the plans I was surprised at the number of mitigations put in place around the sound issue.”
Lever noted a lot more work had gone into noise abatement than he had seen in similar applications.
“I am happy to see that.”
Lever noted that once it reaches the site plan stage council is not going to have much input in the future.
He also believed any extension of hours should come back to council.
Bulmer noted this company has worked in the township for a number of years and “generally a good operator to deal with – there have not been a lot of issues in the past.”
Lever did not want to hinge the passage of the night’s resolution on the changes proposed.
CAO Karen Landry clarified the night’s vote was for the township to move ahead with the drafting of a bylaw which would be voted upon at the next council meeting.
Landry suggested the consultant might be able to provide council with an update before the next council date.
Council moved to proceed with the drafting of the rezoning bylaw.
