A planner for Arbour Farms, the company that has been attempting to establish a sand and gravel pit on Airport Road just south of Dufferin County Road 21 for the past 12 years, came before Mulmur Council Tuesday to suggest several wording changes to the Township’s 2009 Official Plan, which is currently being appealed by the company.
Council was also informed by Arbour Farms principal Adam Krehm that the company is days away from submitting a new application for an aggregate licence under the Aggregate Resources Act. Arbour Farms’ previous ARA application, submitted in 2001, was judged by the Ministry of Natural Resources to have lapsed in 2011.
Should Mulmur Council not agree to the new Official Plan wording suggested Tuesday, or should some other settlement not be reached, the Ontario Municipal Board has scheduled three days in October to begin hearing the Arbour Farms appeal.
The four suggested revisions, outlined Tuesday by Brian Zeman of MHBC Planning, all have to do with Section 9.04 of Mulmur’s plan, which deals with general policies concerning natural resources. According to Zeman, the changes would bring the Official Plan in line with the current Provincial Policy Statement. The Ministry of Municipal Affairs and Housing has seen the revised wording, and according to Zeman has “confirmed that they are in agreement” with the changes. Mulmur planner Ron Mills was quick to point out, however, that the Ministry had also approved the Township’s original wording.
“This is not a case of one being acceptable, and one not,” said Mills. “We’re at loggerheads, and the Ministry’s position would be one of neutrality.”
The first of Arbour Farms’ four suggestions involved the following sentence: “The Township’s long-term prosperity, environmental health, and social well-being depend on protecting natural features, water, soil and minerals for their economic, environmental and social benefits.” Zeman requested that “mineral aggregate resources” be added to that list, pointing out that there is a difference between those and “minerals.” When all of Arbour Farms’ proposed changes were presented to Mulmur’s Planning Advisory Committee on August 1, this is the only one that caused no objection.
The second proposed revision dealt with a paragraph that says when aggregate extraction is taking place, it is the intent of the Township to ensure that “its interests and those of local residents are recognized and protected, and that an appropriate balance between competing and often conflicting interests is achieved.” Arbour Farms is requesting that the word “protected” be removed, and that the following sentence be added to the end of the paragraph: “To achieve this, extraction shall be undertaken in a manner which minimizes social and environmental impacts.”
The third revision would remove a sentence that says “Human health and safety and environmental protection shall take priority over resource use proposals” and replace it with “Resource extraction activities and sensitive land uses are to be appropriately designed, buffered and/or separated to prevent adverse effects and minimize risk to public health and safety.”
The fourth and final revision would alter a sentence that currently says “Proposals should not result in a negative impact on the rural character or the scenic resources and features of the Township.” Arbour Farms is requesting that the word “negative” be replaced with “substantial” and that the following be added to the end of that sentence: “taking into account mitigation measures including progressive and final rehabilitation of the site.”
Following Zeman’s presentation, Council instructed staff to consult with the Township’s lawyer, and bring a report on the suggested revisions back to the next Council meeting.
“I want to see this thing get resolved, sooner or later, without costing us or Arbour Farms any more money,” said Mayor Paul Mills in closing.
There is one other outstanding appeal of Mulmur’s Official Plan. Conserving Our Rural Environment (CORE), the ratepayers group that has led the fight against Arbour Farms over the past decade, is asking that the mapping on the Arbour Farms property be adjusted so that only the area the company plans to quarry be zoned for aggregate extraction. Zeman indicated on Tuesday that Arbour Farms would not object to such a move, and Mulmur planner Ron Mills said he was hopeful that CORE’s appeal could be settled.
A Question for Integrity Commissioner
Mulmur Council will consult with its Integrity Commissioner as to whether Councillor Lynn Hilchey should continue in her roles as a member of the Property Standards Committee and the Committee of Adjustment and as vice-chair of the Planning Advisory Committee while her own property is being investigated for several property standards and zoning violations.
The decision came after Mulmur resident John Thomson, who asked whether the Integrity Commissioner should be consulted during question period at Council’s August meeting, asked to have the same question included on the official agenda for Tuesday’s meeting.
At the outset of the meeting, Hilchey requested that the Thomson question be deferred until Council receives a report from the Dufferin County building and planning departments on whether there are zoning violations on the property, but a motion to that effect failed with only Hilchey and Deputy Mayor Rhonda Campbell Moon voting for a deferral. There was some confusion as to whether Hilchey was in conflict in voting for the deferral, but no decision was made on that. She did remove herself from the Council chambers during the actual discussion regarding Thomson’s question.
At that point, it became clear that Campbell Moon was the only member of Council not in favour of going to the Integrity Commissioner. “She did not break our code of conduct,” said the Deputy Mayor. “She breached a property standard. I won’t support this.”
The rest of Council, however, reached a consensus that a recommendation from the Integrity Commissioner would be suitable.
The original complaints about Hilchey’s property were made anonymously. At its last meeting, Council voted to order Hilchey and her husband to remove a large greenhouse that was erected without a building permit and is not permitted under the property’s zoning. Several other possible zoning and property standards violations are being investigated by the County.