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HomeMy WebLinkAboutPSD-105-08Clar~ngton Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 20, 2008 ~~~lu~Qn~~~fl~~~~-~$ Report #: PSD-105-08 File #: ZBA 2007-0029 By-law #: ~° 00$-~ 8 and COPA 2007-0009 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT A PLACE OF WORSHIP, ASSOCIATED DAY CARE FACILITIES AND PLAYING FIELDS APPLICANT: THE DURHAM CHURCH NETWORK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-105-08 be received; 2. THAT Amendment No. 64 to the Clarington Official Plan as submitted by the Durham Church Network, to permit a Church and its associated Day Care, Parking Areas and Playing Fields in the Rural Residential Cluster and Green Space, be ADOPTED as indicated in Attachment 4 to this report and that the necessary by-law contained in Attachment 4 be PASSED, and further that the amendment be forwarded to the Regional Municipality of Durham for approval; 3. THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-105-08; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Franklin Wu Chief Administrative Officer CP*BR*sh October 14, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 ~--;+ Reviewed by: Director, Planning Services REPORT NO.: PSD-105-08 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: David Fowler in Trust of the Durham Church Network 1.2 Owner: Same as applicant 1.3 Official Plan Amendment: To permit a site specific exception in the Rural Residential Cluster and the Green Space designations for a place of worship, associated day care facilities and playing fields 1.4 Zoning By-law Amendment: To permit a site specific exception in the Rural Cluster and Agricultural Zones for a place of worship, associated day care facilities and playing fields 1.5 Area: 3.8 hectares (g.38 acres) 1.6 Location: 1437 Taunton Road, being in Lot 35, Concession 4, Former Township of Darlington (see Attachment 1) 2.0 BACKGROUND 2.1 On May 11, 2007, David Fowler in Trust of the Durham Church Network submitted official plan amendment and rezoning applications that would permit a place of worship, associated day care facilities and playing fields. The applicants intend to submit a future application for site plan approval should the proposed Official Plan and Zoning By-law Amendment applications be successful. 2.2 Studies submitted in support of the applications include: a Planning Rationale, an Agricultural Assessment, and a Stage 1 & 2 Archaeological Assessment. In addition, in accordance with the policies of the Clarington Official Plan, an Environmental Impact Study (E.I.S.) was undertaken. Terms of Reference for a Phase I and Phase II Environmental Impact Study were prepared. Phase I was to identify significant natural features and determine the feasibility of the use being established. Assuming the development received support for both proposed amendments, Phase II would be undertaken to consider site specific issues of the proposed development based on the proposed site plan yet to be submitted. All the studies are summarized in Section 7 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is located in the southwest quadrant of Taunton and Fices Roads. It is an L-shaped parcel, wrapping around three single detached residential lots located at the southwest corner of the above intersection. The tableland portion of the property is currently occupied by a single detached dwelling (to remain), accessory buildings (sheds), a barn, remnants of a silo and a hayfield and slopes from north to south. The REPORT NO.: PSD-105-08 PAGE 3 western portion of the property is valleyland associated with a tributary of Harmony Creek (see Attachment 2). 3.2 The surrounding uses are as follows: North - eastern portion -three single detached dwellings western portion -Taunton Road and beyond, a rural residential dwelling South - cropland and a rural residential dwelling East - Fices Road and beyond, cropland West - cropland and rural residential dwellings 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement Based on the policies of the Provincial Policy Statement (PPS), properties in the rural area can accommodate limited residential development and other rural land uses. The PPS requires development be appropriate to available or planned infrastructure. Rural uses must comply with the minimum distance separation formulae. Since the proposed use is clearly non-agricultural, the general non-agricultural use policies apply. Such uses must demonstrate appropriateness for a rural area and appropriate water and sewer servicing. Individual on-site sewage and individual on-site 825 REPORT NO.: PSD-105-08 PAGE 4 water services are permitted where municipal services are not available subject to criteria. 4.2 Greenbelt Plan All of the property is in the rural area of the Protected Countryside Area of the Greenbelt Plan. Rural area policies support and provide the primary location for a range of uses including institutional. A place of worship along with day care facilities and playing fields is consistent with these policies. The general non-agricultural use policies of the Greenbelt Plan apply. The west end of the property (the Harmony Creek Valleylands) is in the Natural Heritage System. The Natural Heritage System is the highest concentration of the most sensitive and/or significant natural features and functions. These areas need to be managed as connected and integrated given the functional inter-relationships between them. Proposals for non-agricultural uses must demonstrate that: • the use is appropriate for location in a rural area; • the type of water and sewer servicing proposed is appropriate for the type of use; • there are no negative impacts on key natural heritage features or their functions; and • there are no negative impacts on the biodiversity or connectivity of the Natural Heritage System. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan 5.1.1 This Plan designates the property as Major Open Space Area and it recognizes residential clusters as identified in area municipal Official Plans and Zoning By-laws. Cultural facilities of a religious nature are encouraged to locate within urban areas but are permitted in any designation except Permanent Agricultural Reserve and General Agricultural Area. The proposed use with its location is permitted. Such uses shall be directed to locations that are visible and accessible to residents of the Region, preferably in close proximity to existing and future transit routes. 5.1.2 The new Regional Official Plan (Amendment No. 114, adopted September 13, 2006) permits religious facilities in Urban Areas and, if appropriate in scale, in Hamlets. This Amendment does not allow religious and day care facilities to be located outside the urban area. Amendment No. 114 was appealed to the OMB, and a Board decision was not rendered until January 2, 2008. This is considered the date at which time Amendment 114 came into effect. Therefore the applications pre-date Amendment 114 and fall under the original Regional Official Plan policies. REPORT NO.: PSD-105-08 PAGE 5 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates the property as Rural Residential Cluster, Green Space and Environmental Protection Area. These designations do not permit a place of worship, associated day care facilities and playing fields and hence the official plan amendment application, to permit these uses on asite-specific basis. 5.2.2 Map C -Natural Heritage System identifies the property as having a 'cold water stream' and 'significant valley'. Map F -Natural Hazards and Land Characteristics identifies the property as having 'hazard lands' associated with the stream valley, while Map B - Transportation identifies Taunton Road as a 'Type A Arterial Road'. 5.2.3 Places of worship are considered community facilities. Such facilities are encouraged to locate in urban areas and hamlets. An EIS was undertaken in accordance with the policies of the Official Plan giving consideration to identifying and protecting the natural features, including buffering of environmentally significant areas and functions on and abutting the property. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the property "Rural Cluster (RC)", "Agricultural (A)" and "Environmental Protection (EP)". Assuming the conceptual site plan is not altered significantly, the Zoning By-law amendment to facilitate the proposal, would have to, on a site specific basis, permit in the Rural Cluster (RC) Zone: a place of worship and ancillary day nursery facilities; and permit in the Agricultural (A) Zone: the septic beds and parking area for a place of worship. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 The Agricultural Assessment concluded: a) The amount of good agricultural soil (2.2 hectares/5.4acres) is very small in an area of numerous non-farm uses which makes the parcel impractical for agricultural use; b) There is no current agricultural use of the property; and c) The proposal does not impact any abutting agricultural uses and complies with The 2007 Minimum Distance Separation (MDS) requirements. 7.2 The Archaeological Assessment concluded: The Stage 1 & 2 assessment concluded nothing of archaeological significance was recovered during the assessment and therefore complete clearance of the subject property was recommended, and that should the proposal change regarding the existing 19`" Century farmhouse, a built heritage value assessment would be needed prior to proceeding with structural alteration or demolition. 7.3 The Planning Rationale: Made several arguments for the proposal such as the provision of this place of worship facilitated the rural cluster's movement toward being a healthy community. REPORT NO.: PSD-705-08 PAGE 6 7.4 The Environmental Impact Study: The Phase 1 EIS focused on opportunities and constraints on the property regarding the general functions and significance of the natural heritage features, the location and extent of the natural heritage features, and the location of lands to be preserved in their natural state. The study divided the site into three categories as follows (Attachment 3) • High Constraint/Sensitivity The Harmony Creek valley lands and water course; • Moderate Constraint/Sensitivity Tableland wetland and buffer zones; and • Low Constraint/Sensitivity The remaining tablelands The report recommends that no development occur in the Harmony Creek Valley and associated top of bank setback. The report identifies the hayfield as an upland tableland meadow marsh wetland and considers it a key hydrogeologic feature as defined in the Greenbelt Plan. Such a feature requires a 30 m buffer which the report acknowledges may be excessive but legislatively driven. 8.0 PUBLIC SUBMISSIONS 8.1 A public meeting for the proposed official plan amendment and rezoning was held on September 4, 2007. Three neighbours spoke at the meeting. One neighbour spoke of the "harmony" of the area being disrupted if the proposal is given approval and another of the existing traffic problem on Fices Road being worsened by the Church's only access being on Fices Road. An abutting neighbour also expressed a traffic concern including whether or not a turning lane would affect his property, as well as a desire to see retaining walls on the playing fields and the building plan for the church. The same neighbour asked if the church building would be more commercial than traditional and if the building could be converted to a commercial use later. 8.2 At the September 10, 2007 Council Meeting, two neighbours spoke and provided written submissions. The first opposed the proposal as he felt the site is inappropriate and premature for development. He noted: there will be a great deal of activity on-site seven days a week, a tremendous impact on the traffic situation, on the protection of the adjoining ravine and watercourse, and on the four adjoining property owners who will require a buffer zone. He stated a church and some day care activity could be workable but that additional consultations take place to develop a workable plan. The second neighbour, abutting the subject property, also spoke expressing a concern with a lack of privacy from the proposal, wondering if a buffer would be constructed to address issues of noise and visibility. He questioned whether construction would affect his water supply or if run-off contaminants would enter his property. He too noted a traffic concern. REPORT NO.: PSD-105-08 PAGE 7 9.0 AGENCY COMMENTS 9.1 Comments have been received from the circulated departments and agencies. Durham Region Transit offered no objections to the proposed application. 9.2 Clarington Building Division expressed no concern with the official plan amendment or the rezoning and stated comments on fire routes and fire fighting water supply will be made during the site plan approval process. 9.3 Clarington Emergency & Fire Services also had no concern with the official plan amendment or the rezoning and advised on-site water for fire fighting purposes may be required. Other issues will be reviewed through the site plan approval process. 9.4 Clarington Operations had no objection to the subject applications. Details dealing with access culverts, stormwater management plan, and lot grading plan will be required as part of the site plan approval. 9.5 Durham Region Health Department stated no objections but noted that a new sewage disposal system will be required for the church. 9.6 Clarington Engineering Services stated no .objection in principle and that additional comments on the proposed development will be provided at the site plan approval stage of the development process. 9.7 Central Lake Ontario Conservation noted the property is in their regulated area and approval from the Authority is required prior to any development occurring on the property. The western portion of the property, associated with the Harmony Creek watercourse and ravine have been identified by the Authority as a wetland area based on the Ecological Land Classification system. In reviewing both the draft and final versions of the Phase 1 Environmental Impact Study undertaken for this site, Authority staff noted the distinctions among high, medium and low constraint categories. The hay field was identified as a tableland wetland feature and categorized as in the medium constraint category. Although the medium constraint category allows for some development intrusion, the Authority disagreed with the classification of the hayfield as a tableland meadow marsh wetland. The Authority believed that the low constraint category would be more suitable, given that the area has been used for hay removal annually. Natural Heritage staff from the Authority assessed the area identified as tableland meadow marsh wetland using the Ecological Land Classification system. Many hours were spent evaluating, reviewing and assessing the property. Historic air photo research determined that the feature has been anthropogenically maintained (nature has been influenced by people) dating back to at least 1954. Based on the findings of the assessment and review completed by Authority staff, the Authority remains of the opinion that the tableland feature identified by LGL Consultants as a meadow marsh community should not be considered a wetland feature but, a culturally influenced field community. Although the area may remain temporarily wet for portions of the year, likely due to impeded surface drainage, the Authority does not believe that the area is REPORT NO.: PSD-105-08 PAGE 8 connected to the creek and riparian wetland system based on available in-house information, but rather, a poorly drained field that is used for hay removal. In addition, the Authority noted no rare, sensitive or significant plant or animal species were identified in this community, and the area would be used by only urban tolerant wildlife species as stated in the study. Based on the above, the Authority feels that it would not be considered a key hydrological feature as defined by the Greenbelt Plan and therefore not require a vegetation protection zone, nor would the proposal be at variance with the Greenbelt Plan. The Authority does not believe that it would be necessary to undertake a hydrological evaluation associated with this feature. The Authority stated that Harmony Creek and the associated riparian wetland are considered key hydrologic features and so, the Greenbelt Plan requires a hydrologic evaluation for development proposed within 120 metres of these features. However, the Authority noted such an evaluation is not necessary at this time, as a site plan has not yet been formally established. Should the site plan process be initiated, it is recommended that a hydrologic evaluation be undertaken to ensure that the key hydrologic features and functions of the creek and wetland are not adversely impacted by the proposed site plan. The study noted the valleylands are of a much higher quality and function than the tableland features and the Authority agrees with this statement. Therefore, the Authority encourages planting efforts focussed on protecting and enhancing the creek and valleylands system. The Authority recommends specific timing windows for breeding birds and amphibians and all construction activity should occur outside the breeding season. 9.8 The Regional Planning Department commented that the property is subject to the Greenbelt Plan's rural area policies which provide for a range of uses including institutional which would permit the proposal subject to the Natural Heritage System policies, and Clarington's Environmental Impact Study. The Department commented the property is designated "Major Open Space" in the Regional Official Plan. Predominant uses within Major Open Space do not appear to include places of worship. Section 5.2.1 encourages religious and community facilities, including day care centres, to locate in Urban Areas although these uses are permitted in any designation except for the Permanent Agricultural Reserve and General Agricultural Area. The new Regional Official Plan (Amendment No. 114, adopted September 13, 2006) permits religious facilities in Urban Areas and if appropriate in scale, in Hamlets. This amendment does not allow religious and day care facilities to be located outside the urban area. The proposed place of worship and day care uses would not conform to Section 5.2.1 of the Regional Official Plan, as amended by Amendment No. 114. Amendment 114 as adopted was appealed to the Ontario Municipal Board (OMB). The OMB Decision was given on January 2, 2008 and therefore, was not in full force and effect until January 2, 2008. This was after the application was submitted and therefore these policies do not apply to this application. REPORT NO.: PSD-105-08 PAGE 9 The property will have to rely on private services and access to the proposed place of worship is to be from Fices Road only. As a condition of site plan approval, a Taunton Road widening will be required. An Archaeological Assessment has been done recommending complete clearance of the subject property unless the applicant proposes alteration to the existing 19th Century farmhouse which would require a built heritage assessment first. An Agricultural Assessment with its positive conclusions was also noted. The proposal does not require a regional official plan amendment application since the application COPA 2007-0009 conformed to the Regional Official Plan at the time it was submitted. The Local Official Plan Amendment is not exempt. 10.0 STAFF COMMENTS 10.1 The application is to allow the place of worship by extending the Rural Cluster designation southerly and providing a site specific amendment to allow a place of worship, associated day care facilities and playing fields. 10.2 The applicants have chosen to submit applications for Official Plan amendment and Zoning By-law amendment only to date, to deal with the principle of development. It has been determined that the rezoning, especially regulatory aspects beyond permitted uses, can only be done in a practical way, after the site plan application is basically approved. The principle of development will be established through approval of the Official Plan amendment application. Should the Official Plan amendment application be successful, an application for site plan approval will be submitted and both the rezoning and site plan will be processed concurrently. Consistent with this scheme, the Environmental Impact Study has been divided into Parts 1 and 2. 10.3 Part 1 of the EIS has focussed on opportunities and constraints on the property regarding the Harmony Creek tributary valley lands, specifically, general functions and significance of the natural heritage features, location and extent of the natural heritage features, and location of lands to be preserved in their natural state. The Part 1 EIS concluded that from a development perspective, most of the property and most of the proposed church building envelope is within either the High Constraint or Medium Constraint Area due to recognition of an Upland or Tableland Meadow Marsh. The Conservation Authority staff disagrees with the report findings and does not accept the constraint category or level assigned to what has been identified as tableland meadow marsh wetland. Furthermore, the Authority has consistently disagreed on the identification of the tableland meadow marsh wetland and has instead offered for the same area the identification description of culturally influenced field community. Planning Staff has visited the site numerous times and recommends support of the Conservation Authority staff position. Therefore, the Authority and Planning Staff do not consider the area identified as "tableland wetland" to be a key hydrogeologic feature, and consequently, see no requirement for a vegetation protection zone or a related hydrological evaluation, and in fact, see the proposal as acceptable in the context of the Greenbelt Plan. REPORT NO.: PSD-105-08 PAGE 10 10.4 Should the Official Plan amendment be approved a Part 2 EIS will be focusing on identifying mitigating measures to address the impacts of the proposed development on the natural heritage features and their functions, including potential restoration/creation of wildlife habitat and examination of cumulative impacts of development on surtace water and groundwater. 10.5 The proposal is non-agricultural and as such, the Provincial Policy Statement and the Greenbelt Plan have several requirements (see Sections 4.1 and 4.2 of this report). The proposal conforms as the use is institutional. The applicant has submitted an Agricultural Assessment stating there is MDS (2007) compliance and no interference with nearby agricultural uses. Servicing will be rural, that is by well and septic, which is feasible for the use and dealing satisfactorily with this infrastructure scheme will be ensured by Durham Region, particularly the Health Department. The Central Lake Ontario Conservation Authority, and the Municipality through implementation of a Phase 2 Environmental Impact Study will ensure all development is outside of and suitably buffered from the Natural Heritage System and its key natural feature for the property - Harmony Creek tributary valleylands. 10.6 Regarding the concerns expressed through public submissions, the following is noted.. Places of worship are often located in residential or rural landscapes and therefore it will not be in disharmony with the surrounding area. The Region will not permit access for the church onto Taunton Road, a Type A Arterial road, leaving Fices Road as the only possible access and it is noted that on this dead end road the traffic increase will only impact the most northerly approximately 125 metres of the road with this occurring mostly on Sunday mornings. Neither Regional Works Department or Engineering Services identified an issue with traffic from the proposed use on Fices Road or the intersection of Fices Road and Taunton Road. 10.7 Through the site plan approval many of the area residents concerns will be addressed including buffering for neighbours. Servicing issues will be reviewed in detail at the site plan approval stage including water supply, sanitary servicing and stormwater management, consistent with the policies of the regulating agencies. Although the site plan approval process does not typically involve public input, staff are not recommending approval of the Zoning By-law amendment at this time. This will provide the public additional opportunity for input in design issues prior to approval of the zoning. 10.8 In the event of approval of the Clarington Official Plan amendment, the applicant, prior to submitting the site plan approval application, will be required to review the conceptual site plan already submitted in conjunction with Clarington and Regional Staff. Despite the position that there is only a culturally influenced field community on the tableland, Planning Staff would recommend the applicant, Authority Staff as well as Clarington and Regional Planning Staff meeting to explore alterations to the conceptual site plan submitted (a plan made with little investment) that would place as much as is reasonable of the church building envelope, and to some extent the rest of the proposal, in the Low Constraint Area of the property. REPORT NO.: PSD-105-08 PAGE 11 10.9 In the event of approval of the Clarington Official Plan amendment, approval of the site plan will be subject to a condition requiring the preservation of the mid-nineteenth century farmhouse. 10.10 The Municipality Zoning By-law recognized the existing development pattern around the Townline Road and Taunton Road intersection and this area was further designated Rural Residential Cluster with the adoption of the Clarington Official Plan in 1996. The lands west of Townline Road are within the Oshawa urban area boundary. The proposed facility is a needed community facility. There are no places of worship in the immediate area, even on the Oshawa side of the municipal boundary. The nearest places of worship are in Mitchell Corners. The proximity of Taunton Road, a Type 'A' Arterial ensures ease of access. If there is a future transit route in the area, it will be Taunton Road, again making the location appropriate. The place of worship will be part of a rural residential cluster and not on agriculturally designated land. In short, a number of Clarington Official Plan policies are satisfied. The property has a size and topography that is neither too large nor too small for a place or worship. Appropriate alternative properties would be very difficult to find. For all these reasons Planning Staff is supportive of this proposal. 10.11 The Finance Department advises that the taxes for the subject property have been paid in full. 11.0 CONCLUSION 11.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63. In consideration of the comments contained in this report, staff respectfully recommend the adoption of the Official Plan Amendment as contained in Attachment 4. Attachments: Attachment 1 - Property Map and Site Location Key Map Attachment 2 - Air Photo with Key Features of the Area Attachment 3 - Development Constraint Map Attachment 4 - Recommended Clarington Official Plan Amendment and Adopting By-law List of interested parties to be advised of Council's decision Durham Church Network Erika Van Putten Elio & Catherine DelGobbo Jeff Vandercruysen Bernhart Roth Bill & Marguerite Skuse Greg Quinlan Craig Dalley Karol Bobak Marcel Provenzano Attachment 1 To Report PSD-105-08 ~ "' ° o ~ d W ~ ~ ~ z 0 0 2 O~ N ~ ~ ~ N W O a H m - -- ~ O =. O c c t ~ c Q ~ ti R Oa ` °' V E a f O N Q . N R v d 3 LL R L ` ~ ~ Q m ~ p C o w - __-___ m ~ o N t7 Z ~ V w ~ C r f. ~ ~ N m 3 o. V O a t7`d02~ - - --_- :... S301~ m. - o~ ° '' ~ ~ Il ee ~ I y I \\ E .. ~~ ~ rc z ~ ~ e O L x - ~ ~ , --n ~ ~ - - o ~ ~v~Y i W o J 0 V S ' Z . tl3WAVld I ' ~Nia~ina ~ _ ~ .~ i 3iM JAtlO a3SOd02id ~ ~ I °E 7 lOl `JNINWd ~ - _ ~ r ~ 1 ° }- ~ 9 - i Q ~i ~ ~ O Z 1 ii Q ~ ~ ~ `~. ~i - Attachment 2 To Report PSD-105-08 ZBA 2007-0029 s35 Attachment 3 836 Attachment 4 To Report PSD-105-08 AMENDMENT NO. 64 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit, on a site specific basis, on the property known municipally as 1437 Taunton Road and identified by tax assessment roll no. 18-17-010- 14009-200, the modification of the Rural Residential Cluster and Green Space land use designations to include: a place of worship, associated day care facilities and playing fields. The modifications are to be added to Section 23.14 Exceptions as Subsection 23.14.9. BASIS: The Amendment is based on an application submitted by David Fowler in Trust of the Durham Church Network to permit, on a site specific basis, on the above property, modification of the Rural Residential Cluster and Green Space land use designations to include: a place of worship, associated day care facilities and playing fields. Council is satisfied that the modification of the Rural Residential Cluster and Green Space land use designations to include: a place of worship, associated day care facilities and playing fields is consistent with the intent of the Official Plan of the Municipality of Clarington. ACTUAL AMENDMENT: The Ciarington Official Plan is hereby amended by adding to Section 23.14 Exceptions, Subsection 23.14.9 which is as follows: "23.14.9 Notwithstanding any other provision of this Plan, a place of worship, associated day care facilities and playing fields shall be permitted on the property known municipally as 1437 Taunton Road and identified by tax assessment roll no. 18-17-010-14009-200. IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this amendment. CORPORATION OF THE MUNICIPALITY Of CLARINGTON BY-LAW NO. 2008- being a By-law to adopt Amendment No. 64, to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit, on a site specific basis, on the property known municipally as 1437 Taunton Road and identified by tax assessment roll no. 18-17-010- 14009-200, the modification of the Rural Residential Cluster and Green Space land use designations to include: a place of worship, associated day care facilities and playing fields; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 64 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a first time this day of 2ppg BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk