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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 Appeals from the passing of By-law No. 98-118 have been withdrawn. 1.3 Durham Regional Official Plan Amendment No. 49 established an exception for the subject lands from the Permanent Agricultural Reserve designation, to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. MgOOSWOMe Do -mInsottl2.MM-wpd