HomeMy WebLinkAboutPD-12-986
~` THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
~~ ~ DN:LISHMAN.GPA
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #"~t4. ,~ ~ ~ ~~~
Date: Monday, February 2, 1998 Res. # jam' 9 ~
Report #: PD-12-98 File ~EV 97-058 (COPA 97-008 & ROPA 97-t~Y faw #
Subject: APPLICANT•~ TUNNEY PLANN NG MONT BEHALFGOF- PAULA ELISHMAN
INTERNATIONAL LIMITED
PART LOT 33, CONCESSION 6, FORMER TOWNSHIP OF CLARKE
FILE NO.: DEV 97-058 (X/REF: COPA 97-008 AND ROPA 97-020)
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-12-98 be received;
2. THAT the applications to amend the Clarington Official Plan and Comprehensive
Zoning By-law 84-63 submitted by Tunney Planning Inc. on behalf of Paula
Lishman International Limited, be referred back to staff for further processing and
the preparation of a subsequent report; and
3. THAT the applicant and all persons who spoke and registered at the Public
Meeting be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Owner: Hannu T. Halminen, in Trust (see Section 1.8)
1.2 Applicant: Paula Lishman International Limited
1.3 Agent: Tunney Planning Inc.
1.4 Regional Official Plan:
Seeking to amend the Durham Regional Official Plan to designate
the subject lands as a Rural Employment Area and to allow Rural
Employment Uses to include fur garment manufacturing.
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1.5 Clarington Official Plan:
The applicant is also seeking to amend the Clarington Official Plan
in order to add Rural Employment Area policies to Section 11 and
a Rural Employment Area symbol to Map Ai (Clarke) on the subject
lands. The proposed Clarington Official Plan amendment submitted
by the applicant is included in this report as Attachment No. 1.
1.6 Rezoning: The subject property is currently zoned Agricultural (A) and
Environmental Protection (EP) as shown on Attachment No. 2:
The applicant intends to amend the zoning by-law in order to
implement the above-noted development.
Staff note that the Environmental Protection zone is not intended for
development with the current application and the limits of the
Environmental Protection zone will be confirmed by the Ganaraska
Region Conservation Authority through a detailed review of the
proposal.
1.7 Site Details: The applicant submitted a drawing in January of 1998. Pertinent
information includes the following:
• 2500 square metres of total floor space on two floors
• an area for a septic bed and a reserve septic bed
• 110 parking spaces
• native species reforestation
• landscaping details surrounding the proposed building and
the entranceway including existing and proposed vegetation.
A photocopy reduction of the site plan for the main part of the
subject-site is included in this Report as Attachment No. 3. A full
scale version of the plan may be viewed at the Planning and
Development Department during normal office hours.
1.8 Area: The area subject to the applications is 20.54 hectares which
includes a 20 hectare portion of a 84.7 hectare parcel of land owned
by Hannu T. Halminen, in Trust and a 0.54 hectare right-of-way on
lands owned by Robert and Jean Kingsley. A location map of the
area subject to the applications is included within this report as
Attachment No. 4.
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1.9 Studies submitted:
• Agricultural Impact Study prepared by Dale Toombs Agricultural and
Rural Land Use Consulting.
• Phase 1 Environmental Site Assessment prepared by Gartner Lee
Limited.
• Hydrogeologic Site Assessment prepared by Gartner Lee Limited.
2. EXISTING AND SURROUNDING LAND USES
2.1 The lands subject to the applications are located in Part of Lot 33, Concession 6,
in the former Township of Clarke (See Attachment No. 4). The lands subject to
the application were at one time used for aggregate extraction but the lands are
currently vacant. A small pond is present on the site to the south of the proposed
location of the earth-integrated structure. Much of the topsoil has been removed
from the site, due to the previous aggregate extraction operation.
2.2 The surrounding land uses include:
North - Agricultural and rural residential uses along both sides of
Concession Road 7. Former aggregate extraction site located to the
north-west of the subject lands. A private airstrip is also located to
the north.
South - Closed Municipal landfill site (former Township of Clarke). Wildlife
Education Centre south of Taunton Road. Rural residential uses on
both sides of Regional Road 4. Open Space and agriculture on the
south side of Regional Road 4.
East - Boy Scout Camp immediately to the east along the Wilmot Creek
valley. Trailer camp with 8 seasonally used trailers/cottages.
Agricultural and rural residential uses along Leskard Road.
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West - Agricultural and rural residential uses along Regional Road 4, the
Darlington-Clarke Townline and Nixon Road. Farm Implement
Dealership is located on Regional Road 4. Two private airstrips are
also located to the west of the subject site.
3. BACKGROUND
3.1 In July of 1997, the applicant applied for an amendment to the Durham Regional
Official Plan. The proposed amendment contemplates the introduction of a Rural
Employment Area symbol. In July of 1997, the applicant also applied with the
Municipality of Clarington Planning and Development Department in order to
amend both the Clarington Official Plan and Comprehensive Zoning By-law 84-63
to implement the proposed Durham Regional Official Plan amendment.
3.2 The statutory public meeting with respect to the Official Plan Amendment
application (COPA 97-008) and the zoning amendment application (DEV 97-058)
was held on September 8, 1997 at the Municipal Administrative Centre.
Resolution GPA-469-97, as endorsed by Council on September 15, 1997, referred
the applications back to staff for further processing.
3.3 On September 16, 1997, the Regional Municipality of Durham held the statutory
public meeting with respect to the Regional Official Plan amendment application
(ROPA 97-020).
3.4 On October 14, 1997, following the delegation of four concerned area residents
Council passed the following resolution:
THAT the delegations of Bill Woods, Rhonda Hooper, Dan Hooper and
Linda Gasser be acknowledged;
THAT staff prepare a status report on the applications submitted by Mr.
and Mrs. Lishman in order to address all questions raised by the residents;
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THAT a further public meeting be held pertaining to this matter; and
THAT Bill Woods, Rhonda Hooper, Dan Hooper and Linda Gasser be
advised of Council's decision."
3.5 On December 4, 1997 the applicant initiated a public information meeting at the
Orono Town Hall. Approximately 60 area residents attended the meeting.
3.6 In accordance with the Council direction of October 14, 1997, staff scheduled a
second public meeting for Monday February 2, 1998. Notice of this meeting was
mailed on or before Friday January 2, 1998 in accordance with the provisions of
the Planning Act.
4. PUBLIC SUBMISSIONS
4.1 The Department has received a large number of submissions and comments with
respect to the proposal. These submissions are available for review in the
Planning and Development Department. In order to assist Council to understand
the nature and background of the submissions, staff have prepared the following
table:
NUMBER OF SUBMISSIONS BY DISTANCE FROM SITE
Within
1 km Between
1 km & 3 km Between
3 km & 5 km Outside of
5 km Outside of
Clarington
Total
Opposed 12 42 21 105 67 247**
Support 3 39 4 4 0 50***
* All figures include submissions received up to January 16, 1998
** Total excludes7unreadablesignaturesandpersonswhoseprimaryresidenceorbusiness
could not be determined.
*** Total excludes 12 unreadable signatures and persons whose primary residence or
business could not be determined.
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4.2 Names of the persons who signed petitions or submitted comments with respect
to the proposal can be found in Attachment No. 5 to this report.
4.3 Issues expressed by those in opposition included the following:
• increased traffic along Taunton Road
• the possible introduction of traffic lights on Taunton Road
• costs associated with improvements to Taunton Road and the existing
bridge and the lack of a financial plan regarding the applicant's obligations
• the proposal's proximity to the closed municipal landfill site and the former
aggregate extraction site
• the removal of prime land from the agricultural land base
• increased noise
• future development
• impacts upon water supply
• dye disposal and storage of chemicals
• tanning and dyeing of hides
• the perceived treatment of the applications as a priority
• the conflicting information regarding the size of the subject lands
• the amount of frontage on Taunton Road
• further information on employment with the company
• the scope of the operation
• safeguarding water quality from tanning and dyeing operations
• the lack of an Environmental Impact Study
• ultralight aircraft activity
• expropriation
• rural location as opposed to industrial park location
• rural employment areas allow other uses
• loss of privacy
• Section 13.2.6 of the Durham Regional Official Plan
Each of the above-noted concerns and/or comments will be elaborated upon in
Section 8 of this report.
4.4 The rationale expressed by those in support of the application included:
• growth
• job creation
• increased revenue through taxation
• future land development -housing and business
• assistance in Orono's desire for sewers
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• the denial of the application will send the wrong message to the business
community
5. OFFICIAL PLAN POLICIES
5.1 Within the Durham Regional Official Plan, the subject lands are designated
Permanent Agricultural Reserve. Lands so designated are intended to be used
for agriculture and farm-related uses. An amendment to the Durham Regional
Official Plan is required in order to permit the proposal.
5.2 Within the Clarington Official Plan, the subject lands are designated Prime
Agricultural and Environmental Protection. Lands designated Prime Agricultural
are intended to be used for farm and farm-related uses. The Environmental
Protection designation corresponds to the tributary of Wilmot Creek and the on-
site pond. An amendment to the Clarington Official Plan is also required in order
to permit the proposal.
5.3 Both Plans have numerous policies which are applicable, dealing with matters
such as economic development, the environment, the agricultural areas and the
rural employment areas. The applicable policies of both plans will be considered
in relation to the proposal.
6. ZONING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the
lands subject to the current applications are currently zoned in part Agricultural
(A) and in part Environmental Protection (EP) as shown on Attachment No. 2.
6.2 These zone categories do not permit the development as desired by the applicant
and hence the applications propose to amend the zoning to implement the
proposed Official Plan Amendments.
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7. AGENCY COMMENTS
7.1 The proposed amendment to the Durham Regional Official Plan was circulated for
comments by the Regional. Municipality of Durham. Concurrently, the proposed
Clarington Official Plan amendment and the proposed zoning amendment was
circulated in order to obtain comments from other departments and agencies.
The following provides a brief summary of the comments received as of the
writing of this Report.
7.2 Durham Regional Planning Department
The Durham Regional Planning Department forwarded a letter dated October 3,
1997 which advised that there was a related Regional Official Plan amendment
application. The letter also forwarded the comments of the Works and Health
Departments which had been received. These comments will be elaborated upon
in the following subsections. However, the letter did not provide any comments
on matters of provincial interest. A subsequent letter was received from the
Regional Planning Department on January 9th., 1998 which detailed the matters
of Provincial interest. The letter indicated the following:
• The Ministry of the Environment (MOE) has examined both the Phase 1
ESA and the Hydrogeologic Site Assessment and have indicated no
concern with any migration of leachate from the adjacent closed municipal
landfill site to the subject site.
• The MOE has concerns however with the potential for gas migration from
the landfill site and feels the issue was not adequately addressed.
Additional information such as fill area configuration, detailed site plan and
appropriate control measures is required. (We understand the applicant
is currently addressing this issue through gas measurement on site.)
• The proposal meets the Agricultural Code of Practice for Minimum Distance
Separation requirements. It is noted that the Ministry of Agriculture, Food
and Rural Affairs has also reviewed the application and the accompanying
Agricultural Impact Study and indicates no concern with the proposed land
use.
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• The Region's review of the site characteristic demonstrated that there is no
significant potential for archaeological remains. The Ministry of Citizenship
Culture and Recreation has concurred with this conclusion.
• The Regional Health Department has forwarded its comments which is
discussed in Section 7.5 of this Report.
7.3 Ministry of Citizenship, Culture and Recreation
The Ministry, in a letter to the Regional Planning Department dated October 8,
1997, advised that they had no objection to the proposal but noted that there
were concerns for archaeological resources that may be impacted by the
development following approval. Consequently, the Ministry recommended the
inclusion of a standard archaeological resource condition within any implementing
municipal agreement such as the site plan agreement.
However, the Ministry subsequently forwarded a second letter to the Regional
Planning Department dated October 14, 1997 in which the Ministry withdrew their
previous comments, based upon the review of additional information. As noted
in Section 7.2, the Regional Planning Department notes that the Ministry of
Citizenship, Culture and Recreation has offered no objection to the proposal and
has no conditions to impose..
7.4 Durham Regional Works Department
Staff conducted a site inspection of the property and determined that there is a
sight line deficiency. In order to correct the deficiency and provide acceptable
sight lines, the re-construction of Taunton Road is required. This would involve
re-profiling the road and the existing grades such that an acceptable design
speed could be accommodated. The total cost of such improvements is
estimated at approximately $200,000 to $260,000. Durham Regional Works has
advised that this section of Taunton Road had previously been identified by the
Region as a candidate location for improvements. Regional Works also noted
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that there exists adequate capacity at an acceptable level of service on Taunton
Road to accommodate the proposal.
As a result, the Durham Regional Works Department offered no objection to the
proposal and noted that a financial arrangement with the applicant will be finalized
through the site plan approval stage, should the applications receive the support
of the municipal and Regional Councils.
7.5 Durham Regional Health Department
In a letter dated October 6, 1997, Health Department Staff advised that the
Hydrogeologic Site Assessment needs to clearly state whether or not the proposal
requires a greater in-depth assessment pursuant to the MOE's B-7 Guidelines.
In addition, the report contained insufficient information and discussion on the
design features of the private sewage system. The applicant has been requested
to address these issues. We understand this information has recently been
submitted to the Health Department..
7.6 Ganaraska Region Conservation Authority
The Authority offered no objection to the proposal but notes that the following
information will be needed prior to site plan approval:
• detailed stormwater management,sedimentation and erosion controls;
• floodplain information; and,
• access to the site.
7.7 Clarington Public Works Department
It has no objection to the proposal but notes that through the site plan approval
process the applicant will need to:
• ensure the suitability of the entrance location
• provide written approval from Durham Regional Works for entrance location
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• provide an acceptable grading and drainage plan
• provide a performance guarantee for the following external works
- entrance illumination
- entrance construction
7.8 Fire Department
It advised that fire protection would be provided by the Orono station which is
staffed with part-time firefighters. In the event of a major incident, support would
be provided by the Bowmanville and Enniskillen stations. Although, the
department offered no objection to the proposal, it was noted that storage of any
chemicals required for processing will need to be provided in accordance with
Part 4 of the Ontario Fire Code..
7.9 Ontario Hydro
Ontario Hydro has verbally advised that they would review the proposal with
respect to power supply should the application proceed to the building permit
stage.
8. CONCERNS AND COMMENTS EXPRESSED BY THE PUBLIC
8.1 Planning Staff has undertaken a review of the issues and comments expressed
by the public. These have been summarized in the following sections.
8.2 Increased traffic along Taunton Road
As noted in Section 7.4 of this report the Durham Regional Works Department
advised that there exists adequate capacity at an acceptable level of service on
Taunton Road to accommodate the proposal.
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8.3 Possible introduction of traffic lights on Taunton Road
This concern has been forwarded to the Regional Works Department. As of the
date of this report a response from Regional Works Department is still pending.
8.4 Costs associated with improvements to Taunton Road and the existing bridge
and the lack of a financial plan regarding the applicant's obligations
Several submissions raised the issue of the cost associated with improvements
to Taunton Road and the existing bridge on Taunton Road which is located to the
east of the subject lands. Subsequent submissions inquired as to the costs
associated with these improvements and whether or not a financial plan has been
filed with the Region or the Municipality detailing the applicant's ability to fulfil his
obligations. Taunton Road is under the jurisdiction of the Regional Municipality
of Durham. The need for a financial plan is a matter to be determined by the
Region.
8.5 The proposal's proximity to the closed municipal landfill site
Concerns have been expressed regarding the proximity of the proposal to the
closed municipal landfill site.
Gartner Lee Limited prepared a Hydrogeologic Site Assessment which concluded
that the direction of groundwater flow is to the south, away from the landfill site.
In addition, it was concluded that given the distance between the test wells and
the landfill, any contaminated groundwater could not reach the test wells.
With respect to gas migration, the Assessment concluded that the pond acts as
a barrier to preclude the movement of subsurface gas in a northerly direction. As
noted in Section 7.2 of this report, the Region has advised that the MOE has
requested more information.
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8.6 The removal of prime land from the agricultural land base
These concerns were expressed primarily due to the designation of the property
as Permanent Agricultural Reserve in the Durham Regional Official Plan and Prime
Agricultural in the Clarington Official Plan. The applicant has asserted that the
designations do not accurately reflect the capability of the soil to sustain
agriculture. Staff visited the site and confirm that the site exhibits previous
gravel extraction activities and is generally void of top soil.
An Agricultural Impact Study was prepared by Dale Toombs, a qualified
agricultural and rural land use consultant. The report indicated that when
proposing non-farm rural residential development, the proposal needs to:
• meet the minimum distance separation formula and be well removed from
agricultural uses so as not to impede agricultural practices and introduce
potential conflicts; and,
• be located on poorer quality agricultural soils so as not to consume the
basic agricultural resource.
The report concluded that the site meets both criteria. As noted in Section 7.2 of
this report, the Region has advised that the report has been found to be
acceptable.
8.7 Increased noise
The possibility of increased noise due to increased activity associated with the
private airstrip was raised as an item of concern by several area residents. Staff
note that increased noise due to the fur garment manufacturing facility was not
raised as a concern. Although private airstrips are not licensed, they are
regulated by the Federal Government. Staff researched the pertinent legislation
(Air Regulations and Aeronautics Act) and determined that the Municipality cannot
prohibit the use of an airstrip through any form of municipal regulation including
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the zoning by-law or the official plan. This conclusion was subsequently verbally
confirmed by staff of Transport Canada.
8.8 Future development
The current owner of the property, Hannu T. Halminen, approached several area
residents with a model which details the future development of his total holdings,
including not only the proposed fur garment manufacturing facility but also. a
residential subdivision with vehicular access from Concession Road 7. This
proposed development has also been referred to in the background reports and
technical studies submitted by Tunney Planning and the model was also present
for viewing at the resident's meeting held by the applicant at the Orono Town Hall
on Thursday, December 4, 1997. Notwithstanding the foregoing, the scope of the
current applications does not include any development other than the proposed
fur garment manufacturing facility. Should the owner wish to apply for such a
development, it will be subject to all regulatory planning processes.
A concern has also been expressed that the approval of the fur garment
manufacturing facility would merely be "the foot in the door" and any future
development applications would therefore, also be approved. In that regard, staff
note that each application is reviewed on its own merits. The review and
subsequent approval or denial of the current applications in noway prejudices the
Department's review of any future development applications.
8.9 Impacts upon water supply
in order to determine the impacts upon groundwater supply, the Hydrogeologic
Site Assessment made the following assumptions:
• a maximum of 100 employees on site with an average usage of 75 litres
per person per day;
• no shower facility on site for employees; and
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• a maximum of four industrial washing machines averaging 10 loads per
day with two 8 litre cycles per load.
The assumption of 75 litres per person per day is an industry standard and
includes consumption as well as the use of a toilet. These assumptions were
then analyzed and it was determined that the fur garment manufacturing facility
would require 8.22 m3 of water per day.
The Hydrogeologic Site Assessment, relied in part on a previous report prepared
by GeoCor in 1992. During the preparation of the GeoCor report, four test wells
were drilled and pumped. The wells were found to provide the following yields:
Test Well 1: 196 m3 of water per day
Test Well 2: 130 m3 of water per day
Test Well 3: Bedrock (no potable water)
Test Well 4: 57.6 m3 of water per day
With the exception of Test Well 3 which was drilled into bedrock at a depth of 69
metres, it can be seen that all of the wells greatly exceeded the requirements of
the fur garment manufacturing facility.
As noted in Section 7.2, the Region has advised that further analysis is required
to confirm the findings of the Hydrogeologic Site Assessment.
8.10 Dye disposal and storage of chemicals
The disposal of dye was considered by Gartner Lee Limited during the
preparation of the Hydrogeologic Site Assessment since the proposed method of
disposal is a septic system. In that regard, Gartner Lee examined the dye
composition to determine if it contained any critical contaminants as defined by
MOE. A critical contaminant is defined as an element or compound, whose
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concentration exceeds a certain limit established by the MOE, and is
subsequently discharged to a body of water.
Gartner Lee Limited determined that the amount of dye, combined with the
amount of water used and the amount of the receiving water rendered the
concentrations within acceptable levels. As noted in Section 7.2, the Durham
Regional Planning Department only advised the Assessment was found to be
inadequate with respect to the migration of gas from the closed Municipal landfill
site, measurement of which is apparently underway
With respect to the storage of dye and chemicals, staff note that the Fire
Department has advised that Part 4 of the Ontario Fire Code requires the safe
storage of all chemicals in accordance with a safety data sheet. This requirement
can be implemented through the site plan approval process, should the
development receive approval from Council and Regional Council.
8.11 The perceived treatment of the applications as a priority
At the Public Meeting, and subsequently at the Planning Department's counter a
few residents expressed concern that staff were treating the applications as a
priority. In that regard, staff note that on April 19, 1993 Council passed
Resolution GPA-247-93 which states:
"That all Department Heads and all Staff deal with Commercial and
Industrial applications as top priority."
Staff also note that all applications are processed as expeditiously as possible,
in light of the 90 day time-frame for review permitted by the Planning Act as
amended by Bill 20. The applications were received on July 25, 1997 and the 90
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day time-frame for review lapsed on October 22, 1997. As of February 2, 1998
the Municipality has been reviewing this application for 193 days.
8.12 The conflicting information regarding the size of the subject lands
When the applications were received by the Department, there was some initial
confusion as to the size of the subject site. This confusion was due primarily to
the conflicting information provided in the various background reports. In that
regard, for the benefit of the public, staff requested the applicant's agent to
submit a letter confirming and detailing the size of the subject lands. As indicated
in Report PD-110-97, when the applications were submitted the area subject to
the applications was a 19.2 hectare portion of an 84.7 hectare parcel of land.
The applicant subsequently submitted a letter in December of 1997 which revised
the area subject to the applications. The area subject to the applications is now
20.54 hectares (See Section 1.8).
8.13 The amount of frontage on Taunton Road
The applications to amend the Clarington Official Plan and Zoning By-law 84-63
were received in July of 1997. Section 2 of the zoning amendment application
form requires the provision of information regarding the dimensions of the
property. The application form, submitted by the applicant, states that the subject
lands has 12.34 metres of frontage on Taunton Road.
Through the review of the applications, staff noted a discrepancy between the
stated frontage on the zoning amendment application form and the amount of
frontage indicated on the assessment mapping. Staff subsequently requested
clarification from the owner and his agent, who later confirmed that the subject
lands have only 5.02 metres of frontage on Taunton Road. However, the owner,
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and his successors in title, do enjoy a 7.32 metre right-of-way over the easterly
abutting property owned by Robert and Jean Kingsley.
The 5.02 metres in the ownership of Hannu T. Halminen in Trust and the 7.32
metre right-of-way, cumulatively total the 12.34 metres of "frontage" referred to in
Section 2 of the zoning amendment application form.
8.14 Further information on employment with the company
Several submissions also requested information regarding employment. The
Planning and Development Department forwarded the request on to the applicant
who provided the following information.
At the time that the applications were submitted, Paula Lishman Limited had 170
full time employees. Of these employees, 100 worked out of their residences
while the Blackstock, Port Perry and North Port facilities cumulatively accounted
for the remaining 70 employees. As of December 1, 1997, Paula Lishman Limited
has 200 full time employees with 120 employees working out of their residences
while the Blackstock, Port Perry or North Port facilities cumulatively account for
the remaining 80 employees. The company anticipates that all of the existing
employees would remain with the company should the applications be approved.
The application package submitted by Tunney planning Inc. indicates that the
proposed new facility is intended to accommodate 100 employees.
8.15 The scope of the fur garment manufacturing operations
Several submissions also requested information regarding "the scope of the fur
garment manufacturing operations." The applicant has responded that operations
of the facility include:
• product design
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• product cutting
• product knitting
• product assembly
• product finishing and shipping
The facility would also include the corporate offices and a showroom. The term
consolidation referred to consolidating the Blackstock, Port Perry and North Port
facilities into one location.
8.16 Safeguarding water quality from tanning and dyeing
Several submissions also requested information regarding what safeguards would
be established should the tanning and dyeing of hides occur on the premises.
We understand that the Paula Lishman operation does not include any on-site
tanning, nor have they applied for this use to be permitted. Specific zoning
regulations could prohibit on-site tanning.
With respect to dyeing, we understand that their operation does include the use
of water-based dyes for touch up purposes. Gartner Lee Limited has addressed
this concern which is summarized in Section 8.10 of this Report.
8.17 The lack of an Environmental Impact Study (EIS)
Several residents have questioned why the Planning Director did not require an
EIS given the presence of a tributary of Wilmot Creek. Prior to making the
decision, staff reviewed the following material:
• Map C to the Clarington Official Plan
• Section 4 of the Clarington Official Plan
• Guidelines for the Preparation of Environmental Impact Studies
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Map C identifies the approximate location of known natural features and land
characteristics. Section 4.3.8 of the Clarington Official Plan states that an EIS
shall be required for development applications located within or adjacent to any
natural feature identified on Map C.
The proponent's application covers a large land area but only a relatively small
portion of the site will be developed. The applicant indicated that development
activity would not be located in proximity to the natural features of concern,
specifically table land woodlots, streams and valleylands. Consequently, the
Director therefore advised the applicant's consultant that the EIS would not be
required if the proposed building is located some distance away from the tributary
of the Wilmot Creek. Based on the draft site plan which has been submitted, it
has been determined that the proposed building will have a setback in excess of
50 metres from the tributary.
Although the applicant is not required to submit an EIS, the applicant has
submitted a Hydrogeologic Site Assessment Report which addresses the issues
of water supply, septic disposal, baseflow interference, landfill plume and landfill
gas, all of which would have been investigated through an EIS.
8.18 Ultralight aircraft activity
Several submissions were received in early January of 1998 in which concerns
were expressed regarding ultralight aircraft activity on the site. At the Orono
public information meeting, Mr. Lishman commented that he intended to store as
many as eight ultralight aircraft on the site.
The submissions questioned when a public meeting would be held to determine
the scope of the ultralight activity. As noted in Section 8.7 of this Report the
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Municipality of Clarington does not have the legislative authority to regulate the
use of land with respect to a private airstrip.
8.19 Expropriation
Several submissions also inquired as to discussions regarding expropriation from
adjacent property owners in order to satisfy entrance and access requirements.
Staff advise that Taunton Road is under the jurisdiction of the Regional
Municipality of Durham and not the Municipality of Clarington. Notwithstanding
the foregoing, staff confirm that there has not been any discussion with the
applicant and/or his agent regarding expropriation.
8.20 Rural location as opposed to Industrial Park location
At the public information meeting, several residents inquired as to why. the
applicant was proposing a rural location as opposed to a site in an industrial
park. Mr. Lishman responded that Paula Lishman International Limited has spent
several years fostering a corporate image which embraces the combination of
nature and industry in harmony. This image has been enhanced by Mr.
Lishman's involvement in Operation Migration and the motion picture Fly Away
Home. Mr. Lishman feels that the proposed earth integrated structure would draw
attention to the site and make a statement about the company's image with
respect to the environment and land stewardship.
8.21 Rural Employment Areas allow other uses
This issue was raised at the Orono public information meeting. The implication
is that the rural employment area symbol in the Regional Official Plan would allow
for a wider range of industrial uses and not just fur garment manufacturing. The
concern is that the subject site is such a large parcel of land that it could easily
accommodate more than one facility and become amulti-use site. In order to
deal with this concern, Council could approve the application but place limits on
b29
`` ,REPORT NO.: PD-12-98
PAGE 22
not only the permitted uses but also on floorspace. This is usually accomplished
through the implementing zoning by-law but could also be accomplished through
a site specific Official Plan Amendment.
8.22 Loss of Privacy
The westerly abutting property owner along Taunton Road expressed a concern
that the approval of the application would impact upon his rural lifestyle.
Although the applicant expressed opposition to the proposal, he also expressed
a desire to discover a solution to the problem.
The Director contacted the resident and advised the resident that his concerns
with respect to loss of privacy would be addressed at the Site Plan Approval
stage, if and when the Official Plan Amendment was approved. The Director also
assured the resident that he would be contacted at that time and would be able
to participate in and have input into the Site Plan Approval process.
8.23 Section 13.2.6 of the Durham Regional Official Plan
The Municipality has received a submission which commented that Section 13.2.6
of the Durham Regional Official Plan required a region wide analysis which
demonstrates the need for and amount of rural employment development,
identifies appropriate types of rural employment uses and assesses the long term
cumulative impact of such development on municipal servicing costs and the
natural environment.
This matter is currently being reviewed by the Durham Regional Planning
Department.
630
~` REPORT NO.: PD-12-98 PAGE 23
9. CONCLUSION
9.1 Staff have received numerous technical studies with respect to the proposal. The
Agricultural Impact Study was found to be acceptable by the Region of Durham
and the Ministry of Agriculture, Food and Rural Affairs. In addition, the Phase 1
Environmental Site Assessment has been found to be acceptable by the Region
of Durham and the MOE.
However, the submission of additional information is still required prior to
considering the Official Plan Amendment and rezoning applications and
subsequent to that, a site plan approval application. In summary, the required
information is as follows:
Further information reauired ariorto considering the Official Plan Amendment
• additional hydrogeological work for MOE and the Durham Regional Health
Department including subsurface/surface water quality parameters,
preliminary siting and design features of the septic system and test well
information.
• additional information for MOE on gas migration from the closed municipal
landfill
Further information required at the Site Plan Approval stage
• a geotechnical study for the Regional Health Department detailing sewage
design
• satisfactory financial arrangements with respect to the road improvements
on Taunton Road
• further information on detailed stormwater management including
sedimentation and erosion controls, floodplain, the access road, and any
other information required bythe Ganaraska Region Conservation Authority
• a complete set of site plan approval drawings including:
631
~` REPORT NO.: PD-12-98
PAGE 24
- site plan
- elevations
- grading plan
- drainage plan
- landscaping plan stamped by a member of the Ontario Association
of Landscape Architects
• any further details requested by public agencies.
9.2 As the purpose this report is to provide a status of the applications for the Public
Meeting and in consideration of the outstanding issues, it would be in order to
have the applications referred back to staff for further processing.
Respectfully submitted,
.`
11 - ~'
iJ ~ ~ti
~~ ~---~
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
WM*FW*cc
January 20, 1998
Attachment #1 - Proposed Clarington Official Plan Amendment as submitted
Attachment #2 - Existing Zoning
Attachment #3 - Proposed Site Plan
Attachment #4 - Location Map
Attachment #5 - Detailed list of the objectors and supporters
- b3~
ATTACHMENT NO. 1
DRAFT
Amendment No.
to the
Municipality of Clarington Official Plan
The Official Plan of the Municipality of Clarington is hereby amended as follows:
i) In Section 11: Employment Areas, add a section following 11.6 General Industrial
Areas as follows:
11.7 Rural Employment Areas
11.7.1 Rural Employment Areas may be permitted in Agricultural Areas by
amendment to this Plan provided that:
a) they access onto a Regional Road;
b) they are not located on high capability agricultural lands;
c) they conform with the Minimum Distance Separation Formulae;
d) they do not adversely impact the ability of surrounding agricultural
operations to carry on normal agriculture practices;
e) they do not impact significant natural features and minimize impacts
on watercourses, groundwater resources or other environmentally
sensitive features;
f) they are individually serviced with a private sewage disposal system
and private drilled well which complies with the standards of the
Ministry of Environment and Energy and the Regional Municipality
of Durham.
ii) In Section 11.7.1, inserting after the words All Employment Areas, the words
"with the exception of Rural Employment Areas"
iii) Renumbering all of section 11.7 to 12.7
iv) Adding an appropriate symbol and legend to Map AI (Clarke) Land Use to
identify a Rural Employment Area within the south half of Lot 33, Concession 6.
-633
ATTACHMENT NO. 2
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* i
.~
-----------------------------------------------------------------------
From: MARIE KNIGHT
To: WARREN MUNRO
Subject: REPORT PD-12-98 - INTERESTED PARTIES
-------------------------------------------------------------------
====NOTE________________________________________________________
Will you please add the following names to your list of interested parties
contained in Report Pd-12-98:
Mavis Carlton, R. R. #2, Group 9, Box 14, Bowmwanville, L1C3K3 ~' =
--
Richard Ward, 3709 Regional Road #9, Orono, LOB 1M0 ~'~P"°"~~
,.,~.
Tino Montopoli, Stutt's Pharmacy, 5344 Main St., Orono, LOB 1M0
~J"~~ ~i , ,
~~ ~ .,
Will you please provide names AND addresses of interested parties for my G
mailing of the decision made on Report Pd-12-98 on Feb.10.
Thanks.
------------------------------------------------------------------------