HomeMy WebLinkAboutPD-89-99 REPORT #8
Dlt- PD-W-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File COW
Date: Monday,July 19, 1999 Res. #�?- S 9 9
Report#: PD-89-99 FILE#: DEV 97-058 By-law#
(X-REF: COPA 97-008• ROPA 97-020; LD 327/98)
Subject: REGIONAL OFFICIAL PLAN AMENDMENT,CLARINGTON
OFFICIAL PLAN.AMENDMENT & REZONING APPLICATION -
APPLICANT: TUNNEY PLANNING INC. ON BEHALF OF PAULA
LISHMAN INTERNATIONAL LIMITED
PART LOT 339 CONC. 6,FORMER TOWNSHIP OF CLARKE
FILE NO.:DEV 97-058 (X-REF: COPA 97-008; ROPA 97-020;LD327/98)
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD-89-99 be received ;
2. THAT the Ontario Municipal Board be requested to
i) modify Amendment No. 9 to the Clarington Official Plan in accordance with
Attachment No. 1 to this Report; and
ii) approve Amendment No. 9 to the Clarington Official Plan, as so modified.
3. THAT staff be authorized to appear before the Ontario Municipal Board in support of the
decision of the Land Division Committee to approve the proposed consent to sever LD-
327/98, in accordance with this report;
4. THAT the interested persons listed in this report and any other delegations be notified of
Council's decision.
1. BACKGROUND
1.1 Appeals respecting Durham Regional Official Plan Amendment No. 49, Clarington
Official Plan Amendment No. 9 and a related decision of the Land Division Committee to
consent to the transfer of certain land ("subject lands'l to Paula Lishman International
Limited, are scheduled to be heard by the Ontario Municipal Board at a hearing
commencing on August 23, 1999.
S
REPORT NO.: PD-89-99 PAGE'
1.2 Clarington Official Plan Amendment No. 9 adopted by Clarington Council on July 13,
1998 designated the subject lands as"Special Policy Area T'. It permits the subject lands
to be used only for a single prestige employment use, appropriate to and benefiting from a
rural location, including a fur garment manufacturing facility subject to a number of
conditions. The conditions include a requirement that the use be located within an earth-
integrated building displaying a high standard of architectural design and landscaping.
The implementing zoning by-law, By-law No. 98-118, restricts the use of the subject
lands to reforestation, conservation and a single 2500 square metre fig garment,
manufacturing facility. Appeals from the passing of By-law No. 98-118 have been
withdrawn.
1.3 Durham Regional Official Plan Amendment No. 49 established an exception for the
subject lands from the Permanent Agricultural Reserve designation, to permit a fur
garment manufacturing facility.
1.4 On April 7, 1999 Durham Regional Council approved an amendment to Durham
Regional Official Plan Amendment No. 49 to permit on the subject lands a single prestige'
employment use including a fur garment manufacturing facility within an earth integrated
building of a high level of design and landscape treatment, subject to appropriate policies
and conditions being included in the local Official Plan.
1.5 The purpose of this report is to recommend appropriate policies and conditions for
inclusion within Clarington Official Plan Amendment No. 9 in order to implement the
amendment to Durham Regional Official Plan Amendment No. 49.: In addition, this
report also makes recommendations regarding the conditions the Municipality should
request the Ontario Municipal Board to impose upon the proposed consent to sever.
REPORT NO.: PD-89-99 PAGE 3
2. PROPOSED MODIFICATION
2.1 In order to implement Amendment No. 49 to the Durham Regional Official Plan, as
amended by Regional Council on April 7, 1999, a modification is required to Amendment
No. 9. The proposed modification, as detailed in Attachment No. 1, would have two
impacts.
2.2 Firstly, it removes the necessity for an amendment to the Clarington Official Plan in order
to allow for a change in use. Mr. Lishman has advised that the proposed modification
will make it easier for him to obtain funding for the construction of the fur garment
manufacturing facility.
2.3 Secondly, the proposed modification provides the appropriate policies and conditions
required by Amendment No. 49 to the Durham Regional Official Plan. This includes the
provision of additional studies to justify a change in use from fur garment manufacturing.
These additional studies include a hydrogeological analysis, an assessment of surface
drainage and a traffic impact analysis. The proposed modification also allows for the
provision of other information as may be deemed necessary by the Municipality of
Clarington and/or the Regional Municipality of Durham. The proposed modification has
been prepared in such a manner that the studies are mandatory.
3. PROPOSED CONSENT TO SEVER(LD 327/98)
3.1 In November of 1998, 1228272 Ontario Ltd. submitted an application to the Land
Division Committee for the Regional Municipality of Durham seeking consent to sever a
20 hectare parcel of land from an 86.29 hectare parcel of land.
3.2 The Municipality of Clarington Planning and Development Department recommended
that the application be tabled pending the resolution of the related appeals to the Ontario
Municipal Board regarding Amendment No. 49 to the Durham Regional Official Plan,
REPORT NO.: PD-89-99 PAGE 4
Amendment No. 9 to the Clarington Official Plan and By-law 98-118, a By-law to amend
Comprehensive Zoning By-law 84-63. As a result, detailed municipal conditions of
approval were not forwarded to the Land Division Committee.
3.3 On December 14, 1998, the Land Division Committee approved the proposed consent to
sever subject to eleven conditions. Condition No. 2 of the approval requires the applicant
to satisfy the Municipality of Clarington financially and otherwise.
3.4 The proposed consent to sever was subsequently appealed to the Ontario Municipal
Board in January of 1999. It is therefore appropriate for the Municipality to provide
detailed conditions of approval at the August 27, 1999 Board Hearing. Attachment No.2
to this Report includes the conditions staff recommend Council request the Board to
impose upon the proposed consent to sever LD 327/98.
4. STAFF COMMENTS
4.1 Staff have considered various issues which arose during the review of the proposal for the
fur garment manufacturing facility in order to determine which issues should be re- -
assessed to allow for a change in use on the site. One primary concert of the area
residents was the impacts upon the Wilmot Creels, a cold water fish habitat, as well as the
impacts upon water supply in the surrounding area. Although the applicant has satisfied
the Municipality of Clarington, the Durham Regional Health Department and the
Ganaraska Region Conservation Authority with respect to the hydrogeological impacts of
the proposed fur garment manufacturing facility, any proposed new use should be re-
assessed.
4.2 The proposed modification to Clarington Official Plan Amendment No. 9 requires the
submission of an assessment of the impact on surface drainage. The intent is to assess
any impacts which may result due to a proposed new use. Should Council endorse
R
REPORT NO.: PD-89-99 PAGE 5
Recommendation No. 3 of this report, staff will request the Ontario Municipal Board to
require the submission of a grading plan on the severed lands as a condition of the
proposed consent to sever in order to assess surface drainage. This grading plan will be
prepared and ultimately approved, based upon the use of land as a fur<garment
manufacturing facility. New uses may incorporate changes to the surface drainage and
these changes should be assessed.
4.3 The westerly abutting property owner raised the issue of traffic. Based upon the number
of employees and the number of trucks which will make deliveries to the fur garment
manufacturing facility, the Regional Works Department determined that a traffic study
was not warranted and the installation of traffic signals was not justified. However, this
issue should be re-assessed on a case by case basis.
4.4 The proposed modification also allows for either the Municipality of Clarington or the
Regional Municipality of Durham to request additional information if deemed necessary.
4.5 As a result, staff are of the opinion that the public interest is protected since any new use
will:
• require an amendment to the comprehensive zoning by-law;
• require the submission of additional studies to assess the new use; and
• be reviewed by the appropriate commenting agencies through the circulation of the
required zoning amendment application.
5. RECOMMENDATION
5.1 It is respectfully recommended that the Ontario Municipal Board be requested to modify
Clarington Official Plan Amendment No. 9 by modifying Section 16.12.2 to mad as
follows:
"The implementing zoning by-law shall allow as permitted uses, reforestation,
conservation and a single 2500 square metre fur garment manufacturing facility to
be used for the design,production and sale of fur garments. A change in use from
w
REPORT NO.: PD-89-99 PAGE 6
fur garment manufacturing to another single prestige employment use may be
permitted, without amendment to this Official Plan. However, such a change in
use shall require an amendment to the Zoning By-law and shall require the
submission of the following to the Municipality for approval:
an analysis of the hydrogeological impacts;
an assessment of the impact on surface drainage;
a traffic impact analysis; and
other information as may be deemed necessary by the Municipality of
Clarington and/or the Regional Municipality of Durham"
and after so modifying it,to approve Clarington Official Plan Amendment No. 9.
Furthermore it is also recommended that Council authorize municipal staff to appear
before the Ontario Municipal Board in support of proposed consent to sever LD 327/98
and to request the Board to impose the conditions contained in Attachment No. 2..
Respectfully submitted, Reviewed by,
lavid J. Cro e . .LP.,R.P. . Franklin Wu,M.C.I.P.,R.P.P.
ector of Planning &Development Chief Administrative Officer
WM*LDT*DJC *cc
06 July 1999
Attachment No. 1 -Proposed Modification to Amendment No. 9 to the Clarington Official Plan
Attachment No. 2 - Proposed conditions regarding proposed consent to sever LD 327/98 -
Interested Parties to be notified of Committee and Council Decision
Hamm T. Hahninen; in Trust Tunney Planning Inc. 340 Byron Street South
1748 Baseline Road Suite 200
Courtice, Ontario Whitby,Ontario
L1E 2T1 LIN 4P8
ATTACHMENT NO. 1
PROPOSED MODIFICATION TO AMENDMENT NO.9 TO THE
CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this modification is to introduce a new Section 16.12.2 within the
Clarington Official Plan.
BASIS: This modification is based upon an amendment to Amendment;No. 49 to the
Durham Regional Official Plan by Regional Council on April 7, 1999.
ACTUAL MODIFICATION:
Amendment No. 9 to the Clarington Official Plan is hereby modified by deleting
Section 16.12.2 in its entirety and replacing it with the following:
"16.12.2 The implementing zoning by-law shall allow as permitted uses,
reforestation, conservation and a single 2500 square metre fur
garment manufacturing facility to be used for the design,
production and sale of fur garments. A change in use from fur
garment manufacturing to another single prestige employment use
may be permitted, without amendment to this Official Plan.
However, such a change in use shall require an amendment to the
Zoning By-law and shall require the submission of the following to
the Municipality for approval.
an analysis of the hydrogeological impacts;
an assessment of the impact on surface drainage;
other information as may be deemed necessary by the
Municipality of Clarington and/or the Regional Municipality of
Durham.
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan with respect to
implementation, shall apply in regard to this modification.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan with respect to the
interpretation of the Plan, shall apply in regard to this modification
ATTACHMENT NO. 2
CONDITIONS RECOMMENDED TO BE IMPOSED ON LD 327/98
BY THE ONTARIO MUNICIPAL BOARD
That the applicant:
1. provide staff with two copies of the registered reference plan;
2. provide a cash payment to the Municipality of Clarington in lieu of parkland dedication;
3. submit for the approval by the Director of Public Works, a Lot Grading and Drainage
Plan to be prepared by an Engineer or Surveyor to the satisfaction of the Director in
accordance with the Municipality's standards prior to final clearance.of the consent by the
Municipality;
4. be responsible for the cost of any municipal address numbering and/or re-numbering
which may be necessary as a result of this application; and
5. ensure that any new lots created through severance,whether retained or severed comply
with applicable provisions of Zoning By-law 8463.
IMM VU1`1YUrfAIJUN Ur Ir1r MUNILAI-Al11 I yr VLMllpal .. .
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
To: Mayor Diane Harare and Members of Council
Larry Taylor,Acting Director of Planning and Development and
From: Dennis Hefferon, Solicitor
Date:
19 July 1999
Subject: Proposed Amendments to the Modification Contained in Attachment No. 1 to Report
#PD-89-99: Regional Official Plan Amendment, Clarington Official Plan
Amendment and Rezoning Application
Applicant: Tunney Planning Inc. on Behalf of Paula Lishman International Limited
Part Lot 33, Concession 6,former Township of Clarke
1. Since the preparation of Report 4PD-89-99, negotiations by the parties of a possible
settlement of the issues raised by the appeals to the Ontario Municipal Board have
continued. A settlement has been reached between Paula Lishman International Limited
and Mrs. Linda Gasser. The terms of the settlement are set out in the attached letter dated
July 19, 1999 from Mrs. Gasser's solicitor, Mr. Michael Melling to Mr. Ronald
Hawkshaw, the solicitor for the proponent. (Attachment No. A)
2. In order to be implemented the settlement would require that the proposed modification
contained in Attachment No. 1 to Report #PD-89-99 be amended to provide for a further
local Official Plan Amendment if a change from fur garment manufacturing to another
prestige industrial use in an earth-integrated structure is proposed at a future time. With
respect to studies, the settlement would require the addition of several studies to the
studies now specified in Attachment No. I to the Report. Since it may not be appropriate
to require all of these studies to be undertaken in support of an application for another
single prestige industrial use, the settlement proposes a discretionary decision be made by
the relevant authorities to determine the precise studies that should be required in a
particular case when a proposed alternate to fur garment manufacturing is known and an
application is made for an amendment to the Clarington Official Plan.
3. The settlement also provides for a cap on the floor area of any accessory building. The
Comprehensive Zoning By-law now limits the floor area of accessory building(s) to 40%
of the total floor area of the principal building. The exact area of the accessory building
has not yet been resolved by the parties. It is requested that the Director of Planning and
Development be given authority to insert this area when it has been agreed to by the
parties.
.....2
- 2 -
4. These changes are consistent with the general intent of the proposed modification to
official Amendment No. 9. Since it is desirable to resolve the issues raised by Mrs.
Gasser and Paula Lishman International Limited without a hearing by the Ontario
Municipal Board,we recommend that Attachment No. 1 to Report#PD-89-99 be amended
as set out in Attachment No. 1 to this memorandum and then approved by Council.
Dennis Hefferon, Soli it r L ayl r, Ac erector ofmannigg &
Development
ATTACHMENT NO. 1
PROPOSED MODIFICATION TO AMENDMENT NO. 9 TO THE
CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this modification is to introduce a new Section 16.12.2 within the
Clarington Official Plan.
BASIS: This modification is based upon an amendment to Amendment No. 49 to the
Durham Regional Official Plan by Regional Official Plan by Regional Council on
April 7, 1999.
ACTUAL MODIFICATION:
Amendment No. 9 to the Clarington Official Plan is hereby modified by deleting Section
16.12.2 in its entirety and replacing it with the following:
"16.12.2 The implementing zoning by-law shall allow as permitted uses,
reforestation, conservation and a single 2500 square metre fur garment
manufacturing facility to be used for the design, production and sale of fur
garments. Accessory buildings and structures shall be permitted in
accordance with the Comprehensive Zoning By-law, provided that no
accessory building or structure shall be larger than
square metres in size.
A change in use from fur garment manufacturing to another single prestige
employment use may be permitted, but shall require an amendment to this
Official Plan and an amendment to the Comprehensive Zoning By-law, and
may require at the request of the relevant authorities the submission of one
or more of the following to the authorities for approval:
• an analysis of the hydrogeological impacts;
• an assessment of the impact on surface drainage;
• a traffic impact analysis
• and environmental impact study as set out in Section 4.3.8 of this Plan;
• a stormwater management plan;
• a servicing study;
• studies with respect to impacts of noise,dust or odour; and
• other information as may be deemed necessary by the Municipality of
Clarington and/or the Regional Municipality of Durham"
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan with respect to implementations, shall
apply in regard to this modification.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan with respect to the interpretation of the
Plan, shall apply in regard to this modification.
O.M.B. Case No. PL980816
ONTARIO MUNICIPAL BOARD
Linda Gasser, William Woods,and Robert and Jean Kingsley have appealed to the Ontario Municipal
Board under subsection 17(24)of the PlanningAct,R.S.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 the Regional
Municipality of Durham
Region's File No. D14-OPA #97.020
O.M.B. File No. 0980226
Paula Lishman Limited has appealed to the Ontario Municipal Board under subsection 17(40) of the
PlanningAct,R.S.O. 1990,c.P.13,as amended,from thefailure of the Regional Municipality of Durham
to approve proposed Amendment No. 9 to the Official Plan for the Municipality of Clarington
Region's File No. LOPA-C-98.005
O.M.B. File No. 0980227
Marlene Spruyt and Robert and Jean Kingsley have appealed to the Ontario Municipal Board under
subsection 53(19) of the Planning Act, R.S.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
O.M.B. File No.C990027
MINUTES OF SETTLEMENT
WHEREAS Linda Gasser ("Gasser") has appealed ("the Gasser Appeal") to the Ontario
Municipal Board ("the Board") against approval by the Regional Municipality of Durham
("Durham") of proposed Amendment No. 49 ("OPA 49") to Durham's Official Plan;
AND WHEREAS Paula Lishman Limited ("PLL") has appealed ("the PILL Appeal") to the Board
from failure by Durham to approve proposed Amendment No. 9 ("OPA 9")tothe Official Plan
of the Municipality of Clarington ("Clarington");
AND WHEREAS William Lishman ("Lishman") is a principal of PLL;
AND WHEREAS the Board has scheduled a hearing ("the Hearing") of the Gasser Appeal and
the PLL Appeal ("the Two Appeals") to commence on August 23rd 1999;
AND WHEREAS the Hearing and the Two Appeals concern lands described and depicted in
Schedule "A" hereto ("the 5ubject Site"), and which consist of a proposed severed parcel of
approximately 20 hectares in size ("the Severed Lot") and a proposed retained parcel of
approximately 66.29 hectares in size ("the Retained Lot');
Page 2 of 11
AND WHEREAS PLL is the purchaser in an agreement of purchase and sale in respect of the
Severed Lot,which purchase transaction PLL intends to close in the eventthatthe Board grants
PLL's application before the Board for a consent ("the Consent") to convey the Severed Lot;
AND WHEREAS the key map included in Schedule "A" shows that the existing airstrip on the
Subject Site is located entirely upon the Retained Lot, and PLL and Lishman have confirmed
to Gasser, upon which confirmation Gasser has relied in executing these Minutes of
Settlement ("these Minutes"), that the said airstrip is located entirely upon the Retained Lot;
AND WHEREAS Gasser, PLL and Lishman ("the Parties") wish to resolve their differences in
order to avoid contesting them at the Hearing;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows!
ARTICLE 1
Obligations of the Parties
1.1 The Parties agree that the appropriate resolution of the Two Appeals would be approval
by the Board of the Agreed OPA 49 attached hereto as Schedule "B" and the Agreed
OPA 9 attached hereto as Schedule "C" ('the Agreed OPA's"), and that, accordingly:
1.1.1 the Parties will tender these Minutes and the Schedules thereto to the Board,
will present them in positive terms, and will actively cooperate to promote
acceptance by the Board of these Minutes and the Agreed OPA's;
1.1.2 The Parties will not call any evidence or advance any argument inconsistent
with the letter and spirit of these Minutes or the Agreed OPA's;
11.3 PLL will call such evidence and advance such arguments as are required to,
first, support these Minutes and the Agreed OPA's, and second, oppose any
evidence or arguments as may be presented by any other person atthe Hearing
which are inconsistent with the letter or spirit of these Minutes or the Agreed
OPA's;
1.1.4 PLL shall request that the Board impose each and all of the conditions of
approval ("the Conditions ) of the Consent which were imposed by the Land
Division Committee, which are attached hereto as Schedule"D", and PLL shall
not call any evidence or advance any argument which would explicitly or
implicitly encourage the Board not to impose some or all of the Conditions,
save and except that PLL may call evidence and advance arguments that some
or all of the Conditions be amended for the benefit of Robert and Jean Kingsley,
so long as such amendments are not inconsistent with the letter and spirit of
Page 3 of 11
these Minutes or the Agreed OPA's, and save and except the amended
conditions requested by the Municipality;
1.1.5 Gasser, although still remaining a party to the Hearing, shall not tender
evidence or make submissions except upon consent of PLL and Lishman;
1.1.6 PLL shall keep Gasser advised of any and all significant developments at the
Hearing and, if necessary, shall seek such adjournments or recesses as may be
required for this purpose; and
1.1.7 In the event that PLL and Lishman so require, Gasser shat l withdraw her appeal
of the Municipality's zoning by-law 98-118,which was reinstated by the Board.
1.2 Neither PLL, Lishman,theiremployees oragents, norany person orcorporation related
in law to either or both of PILL or Lishman (collectively, "the Lishmans"), shall, during
ownership of the Severed Lot by the Lishmans, engage in, carry on or permit to be
engaged in or carried on, on the Severed Lot, any commercial aviation activity or any
aviation activity undertaken or sponsored by,or otherwise associated with,the not-for-
profit registered charity known as Operation Migration (collectively 'the Prohibited
Activities").
1.3 In addition to the obligations imposed by s. 1.2 above, in the event that at any time in
the future any of the Lishmans assume ownership of the Retained Lot, the Lishmans
shall not engage in, carry on or permit to be engaged in or carried on, on the Retained
Lot, any of the Prohibited Activities.
ARTICLE 2
TERMINATION
2.1 Gasser may, by written notice to PLL, terminate the agreement evidenced in these
Minutes if, at anytime priortothe Hearing, Clarington indicates an intention tooppose
in any material respect the implementation of these Minutes or approval by the Board
of the Agreed OPA's.
ARTICLE 3
GENERAL
3.1 Headings
The division of these Minutes into separate Articles, Sections and Schedules and the
insertion of headings are for convenience of reference only and shall not affect the
construction or interpretation of these Minutes.
Page 4 of 11
3.2 Entire Agreement
These Minutes evidence the entire agreement between the Parties with respect to the
subject matter hereof and, except as herein stated, contain all of the covenants of the
Parties with respect to the subject matter hereof.
3.3 Internal References
hereto",
The words herein , " "hereunder" "heretofore" "herewith" and similar
expressions, refer to these Minutes and not to any individual clause, section, part or
provision thereof, unless the context or subject matter otherwise so requires.
3.4 Binding Agreement
These Minutes when duly executed by the Parties are conclusive evidence of, and are
intended by the Parties to prove, a binding agreement between them.
3.5 Time of the Essence
In this Agreement and in the performance of obligations thereunder, time shall in all
respects be of the essence.
16 Schedules
The following schedules are attached hereto and shall form part of this Agreement:
Schedule "A" Description of Subject Site
Schedule "B" Agreed OPA 49
Schedule "C" Agreed OPA 9
Schedule "D" Conditions of Consent
IN WITNESS WHEREOF the Parties have affixed their signatures:
DATED at , this day of July, 1999:
LINDA GASSER:
Page 5 of 11
DATED at this day of July, 1999:
PAULA LISHMAN LIMITED:
Per:
I have authority to bind the Corporation
DATED at , this day of July, 1999:
WILLIAM LISHMAN:
Page 6 of 11
SCHEDULE "A"
DESCRIPTION OF SUBJECT SITE
The Subject Site is identified by Assessment Rol I No. 18-17-030-050-339-00, is located in Part
of Lot 33, Concession 6, former Township of Clarke, Municipality of Clarington, and is
depicted on the key map below:
KEY MAP
LOT 35 •• 34 • ...LOT 33 LOT 32 LOT 30 LOT 29
.. \ HAL I N
CON 7 ■ �\ \ AIR S7EO C
70
PAR1H ; \ 'fir
,
m {,
00
\ ADDITIONAL \ r,
z aND
F10��[NOS r
• 19III
POND •�
,
• •r
SUBJECT
•
�7p SITE r .
MCC E
CON 6 0� AIR STR1 NGSLEY
,
ILER SITE
ti 1tERRY CLQSEO
R AIRSTRIP MUNI¢IPAL ` •"lM + ",,;'
LANDFILL • ` NFRO
Y
A w ;
aLDLIFE
E Si CATION •S
'� ,- • ;,. •'• ' • u".'i a ' �V� . LE y�„ NTRE ' :• f
•
08H,,
i 1 ...r''rt •.\\ ", .,Y k BHIP
Page 7 of 11
SCHEDULE "B"
AGREED OPA 49
AMENDMENT NO. 49 TO THE DURHAM REGIONAL OFFICIAL PLAN
Purpose: The purpose of this Amendment to the Durham Regional Official Plan is to
permit a single prestige employment use including a fur garment manufacturing
facility in the Permanent Agricultural Reserve.
Location: The subject site is located in part of Lot 33, Concession 6, former Township of
Clarke, in the Municipality of Clarington.
Basis: A fur garment manufacturing facility has been examined, in terms of its benefits
to the Region and its impact on the environment and surrounding areas. The
proposal was found to have sufficient merit as an exception in this Area of the
Permanent Agricultural Reserve. It will not negatively impact surrounding area
and agricultural community, and does not impactthe agricultural viability of the
Permanent Agricultural Reserve. The proposal also provides an important net
community benefit in terms of rural economic and employment opportunities.
This use will not negatively impact the natural environment or degrade the
Wilmot Creek and will have minimal impact on surrounding uses and the
transportation system.
Actual
Amendment: The Durham Regional Official Plan is hereby amended by adding the following
policy exceptions as Section 12.3.17;
"Notwithstanding any policiesof this plan, asingle prestige employment
use including a fur manufacturing facility, is permitted on the southerly
20 hectares of the property identified as Assessment No. 18-17-030-050-
339-00 located in Part of Lot 33, Concession 6, former Township of
Clarke, Municipality of Clarington. The development of such lands shall
be subject to the following:
(a) Appropriate policies and conditions shall be included in the local
Official Plan to address the following:
0) limit the use to a single prestige employment use
including a fur garment manufacturing facility within an
earth-integrated building of a high level of design and
landscape treatment; and
Page 8 of 11
(ii) limit the size and scale of the facility, to ensure
compatibility with the rural character of the surrounding
area.
(b) The facility and the private sewage disposal system shall be
located as far as possible from the Wilmot Creek, to further
safeguard the environment.
(c) The development shall be serviced by a private drilled well and
waste disposal system, utilizing a Rotating Biological Contactor
Unit, or equivalent, for pre-treatment of effluent meeting
Provincial Standards.
(d) The applicant shall enter into an agreement with the Region to
address matters such as, but not limited to, required
improvements to Taunton Road."
Implementation: The provisions set forth in the Durham Regional Official Plan regarding
the implementation of the Plan shall apply in regard to this Amendment.
Interpretation: The provisions set forth in the Durham Regional Official Plan regarding
the interpretation of the Plan shall apply in regard to this Amendment.
Page 9 of 11
SCHEDULE "C"
AGREED OPA 9
PROPOSED AMENDMENT NO. 9 TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this modification is to introduce a new Section 16.12.2 within
the Clarington Official Plan.
BASIS: This modification is based upon an amendment to Amendment No. 49 to the
Durham Regional Official Plan by regional Council on April 7, 1999.
ACTUAL MODIFICATION:
Amendment No. 9 to the Clarington Official Plan is hereby modified by
deleting Section 16.12.2 in its entirety and replacing it with the following:
16.12.2 The implementing zoning by-law shall allow as permitted uses,
reforestation, conservation and a single 2500 square metre fur
garment manufacturing facility, in a single building, to be used
for the design, production and sale of fur garments. Accessory
buildings and structures shall be permitted in accordance with
the Comprehensive Zoning By-law, provided that no single
accessory building or structure shall be larger than
square metres in size.
A change in use from fur garment manufacturing to another
single prestige employment use may be permitted, but shall
require an amendmentto this Official Plan and an amendmentto
the Comprehensive Zoning By-law, and may require at the
request of the relevant authorities, the submission of one or more
of the following to the authorities for approval:
an analysis of the hydrogeological impacts;
an assessment of the impact on surface drainage;
a traffic impact analysis;
an environmental impact study; as set out in s. 4.3.8 of
this Plan;
a stormwater management plan;
a servicing study;
studies with respect to impacts of noise, dust or odour;
and
Page 10 of 11
other information as may be deemed necessary by the
Municipality of Clarington and/or the Regional
Municipality of Durham"
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan with respectto implementation,
shall apply in regard to this modification.
INTERPRETATION:
The provisions set forth in the Clarington Official Plan with respecttothe interpretation
of the Plan, shall apply in regard to this modification.
Page 11 of 11
SCHEDULE "C"
CONDITIONS OF CONSENT
1. That the applicant satisfy all the requirements of the Regional Municipality of Durham
concerning the provision of Regional services, financially and otherwise.
2. Thatthe applicant satisfy the requirements of the Munici pal ity of Clarington,financially
and otherwise.
3. That the applicant satisfy the requirements ofthe Regional Planning Department,as per
comment dated December 4, 1998.
4. That the applicant satisfy the requirements of Ganaraska Region Conservation
Authority.
5. That the applicant submit two copies of a registered reference plan on the subject
parcel.
6. That the consent by subject to the following time period:
Expiry Date of Application LD 32711998, is Monday January 24, 2000.
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