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Home My WebLink AboutPD-106-99 ,-- ~ .", ,~... ... DN,'ro-llJ6-99 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ThCf Res. #(?Jfk tf;).S - qql Date: Monday, September 20, 1999 Report #: PD-106-99 FILE #: COP A 97-008, By-law # ROPA 97-020, DEV 97-058, LD 327/98 Subject: ONTARIO MUNICIPAL BOARD DECISION AMENDMENT 49 TO THE DURHAM REGIONAL OFFICIAL PLAN AMENDMENT 9 TO THE CLARINGTON OFFICIAL PLAN ZONING BY-LAW 98-118 CONSENT TO SEVER LD 327/98 L1SHMANIHALMINEN Recommendations: It is respectfully recommended that the General Purpose and Administration Connnittee recommend to Council the following: 1. THAT Report PD-106-99 be received for information. 1. BACKGROUND 1.1 On August 23, 1999, the Ontario Municipal Board hearing with respect to the above- noted planning instruments began. The hearing was originally scheduled for 7 days, to commence on August 23, 1999 and run until September 1, 1999. However, the settlement between Paula Lishman Limited and Ms. Linda Gasser, along with the withdrawal of Mr. Bill Wood's appeals resulted in a much shorter hearing than originally anticipated. 1.2 The Municipality entered evidence that the settlement between Paula Lishman Limited and Ms. Linda Gasser, including the modifications to Amendment 49 to the Durham Regional Official Plan and Amendment 9 to the Clarington Official Plan along with By- law 98-118, was consistent with good planning. No other party or participant offered a professional planning witness for the Board's consideration. 648 '\.. ". ~ REPORT NO.: PD-l06-99 PAGE 2 1.3 The Board accepted the testimony of the Municipality's planner and since the testimony was not disputed, the Board entered the following oral decision: . the approval of Amendment 49 to the Durham Regional Official Plan, as amended by Regional Council on April 7, 1999; . the approval of Amendment 9 to the Clarington Official Plan, as modified by Clarington Council on July 19,1999; . the approval of By-law 98-118, as modified by Clarington Council on July 19, 1999; . the approval of consent to sever application LD 327/98, subject to several regulatory conditions, including those recommended by Clarington Council on July 1,1999. 1.4 The Board's written decision was received on September 3, 1999 and is attached to this Report as Attachment No. 1. Respectfully submitted, Reviewed by, D~p.m Director of Planning & Development {)f'~&~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. WM*DC*df 9 September 1999 Attachment No.1 Ontario Municipal Board Decision 649 ISSUE DATE Sept. 01, 1999 ; '. '. ');' -," ,.,' n '""r~.1]) I ;" ; rjL,--,c; J.::; ,It 1\ .\....- ~ IJ I SEP 0 8 1999 PL980816 ;"" ITY Of CLARINGTON H '$1 '.IJi;lNG DEPARTMENT DECISION/ORDER NO; 1621 Ontario SEP 3 2 S5 Ontario Municipal Board Commission des affaires municipales de I'Ontario Linda Gasser, William Woods, and Robert and Jean Kingsley have appealed to the Ontario Municipal Board under subsection 17(24) of the Planning Act, RS.O. 1990, c. P.13, from a decision of the Regional Municipality of Durham to approve proposed Amendment No. 49 to the Official Plan for Regional Municipality of Durham Region's File Number: D14-0PA#97-020 OMB File Number: 0980226 Paula Lishman Limited has appealed to the Ontario Municipal Board under subsection 17(40) of the Planning Act, RS.O. 1990, c. P.13, as amended, from the failure of the Regional Municipality of Durham to approve proposed Amendment No. 9 to the Official Plan for the Municipality of Clarington Region's File Number: LOPA-C-98-005 OMB File Number: 0980227 Marlene Spruyt and Robert and Jean Kingsley have appealed to the Ontario Municipal Board under subsection 53(19) of the Planning Act, RS.O. 1990, c P.13, as amended, from a decision of the Land Division Committee of the Region of Durham which granted, upon conditions, an application by 1228272 Ontario Limited, numbered B-331/1998 for consent to convey part of the lands composed of Part Lots 33 and 34, Concession 6, in the Municipality of Clarington OMB File Number: C990027 William Woods and Linda Gasser have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, RS.O, 1990, c. P 13, as amended, against Zoning By-law 98-118 ofthe Municipality of Clarington ,"-- ____.h.____....__.____ OMB File Number: R980170 i ci~t~.;;~UTlON i i - --........'.l ;,h)< 1. ," :1 ! --.-.------- j APPEARANCES: Parties Counsel/Agents D. C. Hefferon ~ ':-;;.",r:,' ': n- Municipality of Clarington Region of Durham Paula Lishman Limited A. C. Allison . . ... ,,- ~'-r-'-' ----.--- :.; , .... \ ~ -{ - . r .~.. . '~-'i L ...,~ / .'--'._.~""; . ..~ . ,.... ._-_..~-- , '. W. Lishman . , j.-~ Robert and Jean Kingsley :- P. Bowman-Kingsl~y._. Linda Gasser L. Gasser i__'_.'A , ...-.---. -~-- 1_':'.'~..(:;-,_:..: L_'.. '-.-~:.., MEMORANDUM OF ORAL DECISION DELIVERED BY D. R. GRANGER ON AUGUST 23.1999 AND ORDER OF THE BOARD l)JJ '.- , , - 2- PL980816 There are four matters before the Board. First is an appeal by Linda Gasser, William Woods and Robert and Jean Kingsley from a decision of the Region of Durham in October 1998 to approve Amendment Number 49 to the Regional Official Plan (ROPA 49) which would permit only a fur garment manufacturing facility in the Permanent Agricultural Reserye. Regional Council further amended ROPA 49 in April 1999 to permit a single prestige industrial use including a fur garment manufacturing facility. The second matter is an appeal by Paula Lishman Limited of the Region of - Durham's failure to approve Amendment Number 9 to the Clarington Official Plan (OPA 9) which would create a Special Policy Area J to permit a single prestige employment use suited to the agricultural area. OPA 9 was modified by Clarington council in July 1999 requiring an official plan amendment for any change from the intended fur garment manufacturing facility to a different employment use. This was the result of a negotiated settlement with Linda Gasser. The third matter is an appeal by William Woods and Linda Gasser against Zoning By-law 98-118 enacted by C:arington Council on July 13, 1998 to change the zoning from Agricultural (A) to Environmental Protection (EP) and to Holding Agricultural Special Exemption [(H) A-59] to permit conservation, reforestation and a fur garment manufacturing facility. The By-law caps the fur facility floor area at a maximum of 2,500 square metres and is proposed to be further amended to cap any accessory building floor area to a maximum of 100 square metres. The fourth matter is an appeal by Marlene Spruyt and Robert and Jean Kingsley from a decision of the Region of Durham Land Division Committee which granted with conditions an application by 1228272 Ontario Limited for consent to convey 20 hectares from 86.29 hectares of land composed of Part Lots 33 and 34, Concession 6 in the former Township of Clarke. Ms Spruyt's appeal was ~> Clsequently withdrawn. At the beginning of the hearing, William Woods confirmed that he had recently withdrawn his appeals regarding all four matters. Counsel for Clarington informed the Bo'p: that resolutions had been reached on the various planning issues between the applicant and Linda Gasser as set out in the Minutes of Settlement presented as Exhibit Number 7. He also stated that two remaining issues of the Kingsleys had been resolved with the presentation of a plan clarifying the lands to OJI , , - 3 - PL980816 be severed, lands to be retained and a proposed right-of-way as set out in Exhibit Number 9 and with the final details of the By-law as set out in Exhibit Number 6, Tab 15. W. Munro, on behalf of the Municipality of Clarington, provided uncontested professional land use planning evidence in support of the four matters now before the Board. No other evidence was presented. The planner stated that ROPA 49, as amended in April 1999, conforms to the Provincial Policy Statement and 1991 Durham Regional Official Plan. He stated that no negative impact will result from the proposal and that the quantity and quality of - groundwater would not be affected. It was his opinion that ROPA 49 was consistent with good planning principles. With respect to OPA 9, as modified in July 1999, the planner stated that the amendment conforms to the Provincial Policy Statement and the 1991 Durham Regional Official Plan. He added that the existing natural features of the site would be enhanced and that the proposal was consistent with good planning principles. With respect to Zoning By-law 98-118 the planner stated that with the addition of the limitation on the size of accessory buildings, that the By-law conforms to the Provincial Policy Statement and ROPA 49, implements OPA 9 and is consistent with good planning principles. Finally, with respect to the consent to convey lands, as illustrated in Exhibit Number 9 and subject to the six conditions set out in Exhibit Number 11, Schedule "C," having regard for subsection 51(24) of the Planning Act, he stated that the proposal was appropriate and consistent with good planning principles. At the request of W. Lishman, with no objection from any other party. the Board amends the date noted in Condition Number 6 to Wednesday, August 23, 2000 which represents one year from the date of this Board decision. On the evidence presented, the Board finds that the matters, as detailed above, are appropriate, represent good planning and are in the overall public interest. In conclusion, the Board allows the appeals, in part, and approves Amendment Number 49 to the Official Plan of the Region of Durham, as amended by the Regional Municipality of Durham, and set out as Attachment "1" to this decision. The Board approves Amendment Number 9 to the Official Plan of the Municipality of Clarington, incorporating the modifications requested by the Municipality of Clarington, and set out as uJ2 ,- ~, .. ' - 4 - PL980816 Attachment "2" to this decision. The Board amends By-law 98-118 by adding to it a new clause 1 (c)(x) as follows: "1 (c)(x) Notwithstanding section 3.1 (d) ofthis By-law, one or more accessory buildings or structures may be constructed and used on the lands zoned A-59 on the Schedules to this By-law, provided that the , maximum size of any single accessory building or structure does not exceed 100 square metres of total floor area and that the other applicable provisions of this By-law are complied with." - he By-law as amended by the Board is set out as Attachment "3" to this decision. The Board grants provisional consent substantially in the manner as set out in Exhibit Number 9 and subject to the six conditions set out as Attachment "4" to this decision with the date set out in Condition Number 6 of Monday, January 24, 2000 amended to Wednesday. August 23, 2000. The Secretary to the Region of Durham Land Division Committee will be responsible for the clearing of conditions. In all other respects related to these four matters, the appeals are dismissed. The Board commends the efforts of the parties in arriving at this uncontested conclusion. The Board so orders. D~ G~~ D. R. GRANGER MEMBER UJJ