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' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
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Meeting: General Purpose and Administration Committee File # nl4 ~DrA . 97 b`'g
Date: Monday,luly 6, 1998 Res. p~_ F} _ -9~'
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Report #: PD-84-98 FILE #: DEV 97-058 By-law #
(X-REF: COPA 97-008 & ROPA 97-020)
Subject: REGIONAL OFFICIAL PLAN AMENDMENT, CLARINGTON OFFICIAL PLAN
AMENDMENT & REZONING APPLICATION -APPLICANT: TUNNEY
PLANNING INC. ON BEHALF OF PAULA LISHMAN INTERNATIONAL LIMITED
PART LOT 33, CONC. 6, FORMER TOWNSHIP OF CLARKE
FILE NO.: DEV 97-058 (X-REF: COPA 97-008 & ROPA 97-020)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-84-98 be received ;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington does not support a Rural Employment Area designation for the lands subject to
the Regional .Official Plan Amendment application as submitted by Tunney Planning Inc.
and that the Region of Durham be requested to amend the Durham Regional Official Plan
to allow on the lands a single prestige employment use, including a fur garment
manufacturing facility;
3. THAT the application to amend the Clarington Official Plan submitted by Tunney
Planning Inc. on behalf of Paula Lishman International Limited be APPROVED as
provided for in Amendment No. 9 to the Clarington Official Plan, as detailed in
Attachment No. 1 to this Report;
4. THAT the necessary By-law to adopt Amendment No. 9 to the Clarington Official Plan,
be passed and that Amendment No. 9 to the Clarington Official Plan be forwarded to the
Regional Municipality of Durham for approval;
5. THAT the application submitted by Tunney Planning Inc. on behalf of Paula Lishman
International Limited, to amend Comprehensive Zoning By-law 84-63 be APPROVED, as
provided for in Attachment No. 2 and that the By-law be passed; and
6. THAT the applicant, all persons who spoke and registered at the Public Meeting, all
interested parties listed in this report and any delegations be advised of Council's
decision.
613
REPORT NO.: PD-84-98
1. APPLICATION DETAILS
1.1 Owners: Hannu T. Halminen, in Trust
Robert and Jean Kingsley
1.2
1.3
1.4
Applicant: Paula Lishman International Limited
Agent: Tunney Planning Inc.
Regional Official Plan:
PAGE 2
The applicant is seeking to amend the Durham Regional Official Plan to
designate the subject lands as a Rural Employment Area and to allow Rural
Employment Area uses to include a fur garment manufacturing facility.
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 A (Clarke) on the subject lands. The
proposed Clarington Official Plan amendment submitted by the applicant is
included in this report as Attachment No. 3.
1.6
Rezoning: The subject property is currently zoned in part Agricultural (A) and
in part Environmental Protection (EP) as shown on Attachment No. 4
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 applications. The intent of the proposed
zoning amendment with respect to the limits of the Environmental
Protection zone is only to revise the boundaries as confirmed by the
Ganaraska Region Conservation Authority (G RCA) through a detailed
review of the proposal.
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REPORT NO.: PD-84-98
PAGE3
1.7 Site Details: The applicant submitted a draft site plan in January of 1998. Pertinent
information about the proposed development 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; and
• landscaping details surrounding the proposed building and the
entranceway including existing and proposed vegetation
A photocopy reduction of the draft site plan for the main part of the subject
site is included in this Report as Attachment No. 5. A full-scale version of
the draft site plan is available for viewing at the Planning and Development
Department during normal office hours.
1.8 Area: Two separate parcels of land are subject to the applications and are
described as follows:
i) the first parcel is a 20 hectare portion of an 84.7 hectare parcel
of land owned by Hannu T. Halminen, in Trust.
ii) The second parcel is a 0.54 hectare portion of a 12.33 hectare
parcel of land owned by Robert and Jean Kingsley, over which
Hannu T. Halminen, in Trust enjoys aright-of--way.
A location map of the area subject to the applications is included within
this report as Attachment No. 6.
1.9 Studies submitted:
• Agricultural Impact Study prepared by Dale Toombs, Agricultural and
Rural Land Use Consultants;
• Phase 1 Environmental Assessment prepared by Gartner Lee Limited;
• Hydrogeologic Site Assessment prepared by Gartner Lee Limited;
• Addendum Report to the Hydrogeologic Site assessment prepared by
615
REPORT NO.: PD-84-98
PAGE 4
Gartner Lee Limited; and
• Market Analysis prepared by Clayton Research Associates 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. 6). 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 northwest 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 Regional Road 4. Rural residential uses on both
sides of Regional Road 4. Open Space and agricultural uses 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.
West - Agricultural and rural residential uses along Regional Road 4, the
Darlington-Clarke Townline and Nixon Road. A Farm Implement
Dealership and two private airstrips are also located to the west of the
subject site.
616
ppGE 5
REPORT NO.: PD"84"98
for an amendment to the Durham Regional Official
3 BACKGROUND lied to ment
lates the introduction of a Rural Erne alit
3.1 In July of 1997, the applicant app
Thep P licant also applied with the Municip y of
Plan. ro osed amendment contemp
In )ulY of 1997, the app
Area symbol. ment Department in order to amend both the Claono ed
on Planning and Develop B law 84-63 to permit the p P
Claringt rehensive Zoning Y-
Official Plan and Comp
development.
ro osed Clarington Official Plan amendment
A Public Meeting with respe~ to the p P -ication (DEV 97-056) was
3 2 amendment app ~ Council on
hcation (COPA 97-448) and the zoning -469 97 as endorsed by
app 1997. Resolution GPp` rocessing•
held on September 8,
September 15, 1997, referred the applications back to Staff for furl er p
alit of Durham held the statutory Public
Tonal Municip Y hcation
3.3 On September 16, 1997 the Reg
with respect to the proposed Regional Official Plan Amendment app
Meeting
(ROPA 97-02~)' Council
tober 14, 1997, following the delegation of four concerned area residents,
3.4 On Oc
passed the following resolution: pan Hooper and Linda Gasser e
"THAT the delegations of Bill Woods, Rhonda Hooper,
acknowledged; Mr. & Mrs. Lishman
re are a status report on the applications submitted by
THAT Staff p P Uestions raised by the residents;
in order to address all q ertaining to this matter; and
THAT a further Public Meeting be held p
Rhonda Hooper, Dan Hooper and Linda Gasser be advised of
THAT Bill Woods,
ublic information meeting at the Orono
Council's decision." licant initiated a P
3.5 On December 4, 1997, the app
Town Hall. Approximately 60 area residents attended the meeting.
with the Council direction of October 14, 1997, a second Public Meeting
3.6 In accordance ~ 1 ~ -
REPORT NO.: PD-84-98
PAGE 6
was held on Monday February 2, 1998. At the Public Meeting, Staff advised Council that
the Kingsley property was not referenced in the Public Notice. This has necessitated the
holding of this Public Meeting.
4. PUBLIC SUBMISSION
4.1 The Department has received a large number of submissions and comments from the
public with respect to the proposal. These submissions are available for review at the
Planning and Development Department during office hours. In order to assist Council to
understand the nature and background of the submissions, Staff have prepared the
following table:
LOCATION OF SUBMITTORS BY DISTANCE FROM SITE
Within
1 km Between
1 km &
3 km Between
3 km &
5 km Outside
of 5 Km Outside of
Clarington Foreign
Country Lawyers Special
Interest
Grou s Total
Opposed 31 40 31 198 315 2 3 9 629
Support 8 74 15 24 0 0 0 0 121
4.2 Notice of this Public Meeting was sent to 760 individuals/parties although the actual
number of submissions is in excess of 1,000. This is due to the fact that many individuals
have made more than one submission. For the purpose of the above table, individuals
who made more than one submission are only counted once.
4.3 From the information gathered above, the following is noted:
• the number of submissions in opposition outweighs those in support by a margin of
approximately 5 to 1;
• of the total number of submissions in opposition, half came from individuals who
reside outside of the Municipality; and
• of the total number of submissions in support, all came from individuals residing
within the Municipality.
REPORT NO.: PD-84-98
PAGE 7
4.4 The Department has never received such a huge volume of submissions related to one
development proposal. As a result, a tremendous amount of Staff time has been
expended reviewing all the submissions, and notifying the 750 persons of the various
public meetings.
4.5 Issues previously expressed by those in opposition have been dealt with in Report PD-
12-98 and therefore shall not be repeated except for the listing of the issues as follows:
• increased traffic along 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 removal of prime land from the agricultural land base;
• increased noise;
• future development;
• 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 fur garment manufacturing operation;
• 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; and,
• loss of privacy.
4.6 New issues which were raised after Report PD-12-98 are:
• the possible introduction of traffic lights on Taunton Road;
• the proposal's proximity to the closed municipal landfill site;
• impacts upon water supply;
• dye disposal and storage of chemicals;
• Section 13.2.6 of the Durham Regional Official Plan which requires the Region to
undertake the Region-wide analysis prior to considering any new Rural Employment
Areas.
These issues, and the manner in which they have been addressed, will be elaborated
upon in the following Section.
~~~
REPORT NO.: PD-84-98
PAGE8
5. PUBLIC COMMENTS ON THE APPLICATIONS
5.1 Many of the concerns raised by the residents and interest groups were previously
addressed and/or resolved as indicated by Report PD-12-98. Concerns which have been
addressed and/or resolved since the Report PD-12-98 are discussed in the following
sections.
5.2 Possible introduction of traffic lights on Taunton Road
This issue was raised at the September 8, 1997 Public Meeting. Planning Staff forwarded
this issue on to the Durham Regional Works Department for comment. The Regional
Works Department confirmed, in April of 1998, that traffic control signals at this location
do not meet warrant criteria. It was further indicated that the Works Department does not
support the installation of unwarranted traffic control signals due to the unjustified
interruption of through traffic movements.
5.3 The proposal's proximity to the closed municipal landfill site
Both Staff and the area residents expressed concerns regarding the proximity of the
proposal to the closed municipal landfill site.
Gartner Lee Limited submitted a Phase 1 Environmental Site Assessment and a
Hydrogeologic Site Assessment in August of 1997. These documents were forwarded to
the Ministry of the Environment (MOE) by the Region of Durham as a component of the
circulation of the proposed Regional Official Plan amendment. The MOE has examined
these documents and have indicated no concern with any migration of leachate from the
adjacent landfill site. With respect to gas migration from the landfill, the
documents concluded that the pond acts as a barrier to preclude the movement of
subsurface gas in a northerly direction. However, as noted in Section 7.2 of this Report,
the MOE requested more information in order to assist in their review of the documents.
Gartner Lee Limited contacted the MOE in January of 1998 and provided the additional
information. In June of 1998, the MOE confirmed that the information was sufficient and
620
REPORT NO.: PD-84-98 PAGE 9
offered no objection to the proposal.
5.4 Impacts upon water supply
One of the five main objectives of the Hydrogeologic Site Assessment was to examine
any potential impacts upon water supply. In the process of determining impacts upon
groundwater supply the report 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,
• a maximum of 4 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 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 m' of water per day
Test Well 2: 130 m' 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, all the wells greatly exceeded the requirements of the fur garment manufacturing
faci I ity.
~~~
REPORT NO.: PD-84-98
PAGE 10
The GRCA asked Credit Valley Conservation (CVC) to provide technical assistance in the
review of the Hydrogeolic Site Assessment. Following their review and the provision of
additional information by Gartner Lee Limited, CVC advised that the Hydrogeologic Site
Assessment was acceptable.
In addition, the MOE advised, in June of 1998, that they also found the Assessment to be
acceptable with respect to the discussion on the impacts on water supply.
5.5 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 Limited examined the dye composition to determine if it
contained any critical contaminants as defined by the MOE. A critical contaminant is
defined as an element or compound, whose 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 the preceding Section, both the MOE and the CVC have recently advised that
the Assessment was found to be acceptable.
With respect to the storage of dyes 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. It was also noted that this requirement would be
implemented through the site plan approval process, should the development receive
approval from Council and Regional Council.
~~~
REPORT NO.: PD-84-98 PAGE 11
5.6 Region wide analysis of Rural Employment Areas
The Durham Regional Official Plan states that Regional Council shall not consider the
designation of new Rural Employment Areas until the Region has prepared aregion-wide
analysis to study various aspects of rural employment area developments. The Rural
Employment Area designation is intended for industrial areas, comprised of a number of
industries, often developed through an industrial plan of subdivision.
Several area residents noted that the analysis had not been prepared and suggested that
the application should be held in abeyance or denied without prejudice until such an
analysis had been completed. Report PD-12-98 indicated that the matter is currently
being reviewed by the Durham Regional Planning Department. Although the Regional
Planning Department has not as yet responded to the issue, Staff's recommendation
provides for only one industrial use on the site. Furthermore, Staff do not support a Rural
Employment Area designation for the subject lands.
6. PROVINCIAL POLICY STATEMENT
The Provincial Policy Statement (PPS) was issued under Section 3 of the Planning Act and
came into effect on May 22, 1996. The PPS provides policy direction on matters of
provincial interest related to land use planning. Section 3 of the Planning Act requires
that, in exercising any authority that affects planning matters, Council shall have regard to
policy statements issued under the Planning Act.
The PPS states that prime agricultural areas will be protected for agriculture. The
application included an Agricultural Impact Study prepared by a qualified consultant.
The Study indicated that the site contains Class 3 to Class 5 soil with a large unclassified
area due to the activities of the former aggregate operation. The conclusion of the
consultant was that the proposal does not offend the PPS with respell to the protection of
agricultural lands. It is further noted that the Study was reviewed by the Ministry of
Agriculture, Food and Rural Affairs and found to be acceptable.
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REPORT NO.: PD-84-98
PAGE 12
Other provincial policies regarding the protection of significant natural heritage features
and areas, archaeological resources, conservation and contaminated sites have been
considered and are not offended by Amendment No. 9. It is noted that the policy
requiring that the diversity of natural features in an area and the natural connections
between them being maintained or enhanced where possible is being implemented
through the requirement for an environmental construction management plan (see
Section 9.2).
6. OFFICIAL PLAN POLICIES
6.1 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.
6.2 There are many sections of the Durham Regional Official Plan, which contain goals and
objectives, which can be considered as applicable with respect to the proposal. Staff are
of the opinion that Amendment No. 9 to the Clarington Official Plan is consistent with
the basic principles of the Regional Official Plan.
6.3 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 on-site pond, the tributary of Wilmot Creek and the associated
floodplain. An amendment to the Clarington Official Plan is also required in order to
permit the proposal.
6.4 The Clarington Official Plan also has numerous goals and objectives that are applicable
dealing with matters such as economic development, the environment, the agricultural
areas and aggregate resources. These matters are elaborated upon in Section 9.10 of this
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REPORT NO.: PD-84-98
PAGE 13
Report.
7. ZONING BY-LAW COMPLIANCE
7.1 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. 4.
7.2 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.
8. AGENCY COMMENTS
8.1 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 were
circulated in order to obtain comments from other departments and agencies. The
following provides a summary of the comments received.
8.2 Durham Regional Planning Department
The Durham Regional Planning Department has forwarded three separate responses to
the request for comments.
October 3, 1997
This letter advised that there was also a related Durham Regional Official Plan
Amendment application and also forwarded the comments received from the Regional
Works and Health Departments. These comments will be elaborated upon in Sections
8.4 and 8.5 of this Report.
January 8, 1998
This letter forwarded the results of the Regional Planning Department's review of the
625
REPORT NO.: PD-84-98
PAGE 14
proposal with respect to matters of Provincial interest. The letter indicated the following:
• The MOE has reviewed both the Phase 1 Environmental Site Assessment 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 lands;
• The MOE had concerns however, with the potential for gas migration from the landfill
site and felt that the issue was not adequately addressed. The MOE requested the
provision of additional information including fill area configuration, a detailed site
plan and appropriate control measures;
• 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 indicated no concern with the proposed land use; and,
• The Region's review of the site's characteristics demonstrated that there is no
significant potential for archaeological remains. As detailed in Section 8.3 of this
Report, the Ministry of Citizenship, Culture and Recreation has concurred with this
conclusion.
une 16. 1997
This letter forwarded an update on the comments from the Regional Planning Department
with respect to matters of Provincial interest. The letter confirmed that the additional
information requested by MOE regarding gas migration was submitted and found to be
acceptable. As a result, the review of the proposal in relation to matters of provincial
interest was complete and no objections were offered.
8.3 Ministry of Citizenship, Culture and Recreation
The Ministry submitted two separate responses to the request for comments from the
626
REPORT NO.: PD-84-98 PAGE 15
Regional Planning Department.
October 8, 1997
In a letter dated October 8, 1997, the Ministry of Citizenship, Culture and Recreation
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 the standard archaeological
resource condition within any implementing municipal agreement such as the site plan
agreement.
October 14, 1997
The Ministry subsequently forwarded a second letter dated October 14, 1997 in which
the Ministry withdrew their previous comments, based upon the review of additional
information. The Ministry of Citizenship, Culture and Recreation has offered no
objection to the proposal and has no conditions to impose.
8.4 Durham Regional Works Department
The Durham Regional Works Department 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 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 has previously been identified by the Region as a candidate
location for improvements. 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.
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REPORT NO.: PD-84-98
PAGE 16
8.5 Durham Regional Health Department
The Regional Health Department has forwarded three separate letters with respell to the
proposal.
August 27, 1997
This letter advised prior to providing comments with respect to the application, the
following information was required:
• two (2) copies of a lot servicing plan;
• the results of a soil sampling programme;
• a grading plan;
• a hydrogeological report and an environmental impact study of the proposed on-site
and adjacent water supplies; and,
• positive comments from the MOE with respect to the reasonable use policy.
October 6, 1997
In a letter dated October 6, 1997, the Durham Regional Health Department has advised
that the Hydrogeological Site Assessment needs to clearly state whether or not the
proposal requires agreater 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.
une 16. 1998
The final comments submitted by the Health Department indicated that the MOE had
provided favourable comments on the proposal with respect to the reasonable use policy.
Based on the foregoing, the Health Department offered no objection to the proposal and
.advised that the geotechnical review of the proposed septic system will take place
through the site plan approval process.
8.6 Ganaraska Region Conservation Authority
The Authority has submitted comments with respect to the proposal on two separate
occasions.
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REPORT NO.: PD-84-98
PAGE 17
August 15, 1997
The Authority reviewed the proposal in relation to the matters under their jurisdiction and
mandate. The Authority offered no objection to the proposal but noted that the following
issues would need to be addressed through site plan approval:
• detailed stormwater management, sedimentation and erosion controls;
floodplain information; and,
• access to the site.
June 16, 1998
On June 16, 1998, the Authority advised that the floodplain information had been
forwarded, reviewed and found to be acceptable. The submission of the information has
resulted in the limits of the floodplain surrounding the on-site pond and the
corresponding Environmental Protection (EP) zone being more accurately determined.
This is reflected in Schedule "A" to the implementing zoning by-law (see Attachment No.
2). The additional work referred to in the August 15, 1997 letter will be completed as a
component of the site plan approval submission.
8.7 Clarington Public Works
The Public Works Department 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 the Durham Regional Works Department for the
entrance location;
• provide an acceptable grading and drainage plan; and,
• provide a performance guarantee for external works including entrance illumination
and construction.
8.8 Fire Department
The Fire Department has submitted comments with respect to the proposal on two
separate occasions.
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REPORT NO.: PD-84-98
PAGE 18
July 30, 1997
The Fire Department has 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 would need to be provided in accordance with Part 4
of the Ontario Fire Code.
June 12, 1998
The Fire Department confirmed that the requirements of the Ontario Fire Code with
respect to the safe storage of chemicals would be implemented through the site plan
approval stage, should the applications receive the approval of Council.
8.9 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.-
9. STAFF COMMENTS
9.1 Staff have undertaken a comprehensive review of the development proposal. The
Department's comments with respect to the proposal have been organized on the basis of
the following major topics:
• environmental issues;
• rural employment areas;
• economic development;
• environmental impact study;
• land use compatibility;
• future residential uses;
• private airstrip;
• rural location versus urban location; and,
• Clarington Official Plan policies.
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REPORT NO.: PD-84-98
PAGE 19
9.2 Environmentallssues
The Wilmot Creek has been described by naturalists and hydrogeologists alike as one of
the finest cold water streams not only in Durham Region, but perhaps Ontario as well,
attracting sports fisherman from all over southern Ontario. The main branch of the
Wilmot Creek, and a smaller tributary of the Wilmot are both located to the east of the
subject lands as indicated on Attachment No. 6.
Two environmental features are present on the lands subject to Amendment No. 9: a
small on-site pond, aman-made remnant of the former aggregate operation, and a small
tributary of Wilmot Creek. This tributary runs from north of Concession Road 7 through
the on-site pond to the branch of the Wilmot Creek. The location of on-site pond and
tributary are also detailed on Attachment No. 6.
As noted earlier, the applicant's consultant, Gartner Lee Limited, has prepared numerous
environmental reports and addendum reports. Gartner Lee Limited concluded that the
Wilmot Creek valley is a significant, wide, diverse and well-vegetated valley with wildlife
corridor functions. However, it was concluded that the on-site tributary and the on-site:
pond contribute very little to the wildlife .corridor functions of the Wilmot Creek valley
since:
• the site is dominated by alien plant species;
• the plant cover is sparse; and,
• the vegetation does not connect well with the native vegetation located in the Wilmot
Creek valley.
This assertion has been disputed by some of the area residents. Although there is a lack
of supporting documentation to refute the findings of the Gartner Lee Limited reports,
some residents are of the opinion that the lands are a vital wildlife corridor for several
birds and mammals.
In consideration of this issue, Staff attempted to provide for a balance between the desires
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REPORT NO.: PD-84-98
PAGE 20
of the applicant for development and the interests of the residents, with respect to the
lands' ability to function as a wildlife corridor. Amendment No. 9, as detailed in
Attachment No. 1 to this report, adds a Special Policy Area J to the Clarington Official
Plan. Section 16.2.3 c) requires the applicant to prepare an Environmental Construction
Management Plan (ECMP), prior to the removal of the Holding (H) symbol from the
implementing zoning by-law. The ECMP would detail:
• how the gravel pit is being rehabilitated;
• how the lands are being reforested to provide and/or to enhance a wildlife habitat
corridor;
• the improvements to the on-site pond and the tributary; and,
• the measures to be taken during construction to limit disruption to the environment
and to mitigate and rehabilitate any lands disturbed as a result of construction.
The provision of a connecting revegetated corridor through the site is illustrated in
Attachment # 7.
The applicant and his team of consultants have stated publicly on many occasions that
the approval of this application will rehabilitate an abandoned gravel pit. The ECMP, as
required by Amendment No. 9, will detail the manner in which the rehabilitation is
undertaken.
Furthermore, the permitted uses within the implementing zoning by-law are reforestation,
conservation and the fur garment manufacturing facility. The implementing by-law
provides for a definition of each of these uses as detailed in Attachment No. 2 to this
report. Staff note that the key components of the definition of reforestation in the
implementing zoning by-law are:
• the reforestation area is to introduce a minimum of three individual species to the
area;
• the majority of the trees are to be a three to five year stock with a minimum height of
30 centimetres.
~JZ
REPORT NO.: PD-84-98
PAGE 21
In addition, the implementing zoning by-law establishes the minimum reforestation area
as 10 hectares.
Staff are of the opinion that the requirements of Amendment No. 9 and the implementing
zoning by-law will in some way reverse the impacts caused by the intense aggregate
operation. The development process should result in a quantifiable improvement to the
natural environment.
9.3 Rural Employment Areas
Rural Employment Areas are currently designated only within the Durham Regional
Official Plan and permit uses such as manufacturing, assembly, and processing of goods,
service industries, research and development facilities, warehousing, business parks,
limited personal service uses, hotels and the storage of goods and materials.
The Regional Official Plan also further states that any application to amend the Durham
Regional Official Plan to designate a new Rural Employment Area shall be accompanied
by the following:
• a planning analysis;
• a market analysis;
• a settlement capacity study;
• a landscape analysis; and,
• any additional requirement of the local area municipal official plan.
The area residents have the following three concerns with the application as submitted by
the applicant:
• Rural Employment Areas allow a wide range of uses, more than fur garment
manufacturing, and many of these other uses would not be acceptable to the residents
in terms of compatibility;
• although the applicant would like to obtain the range of uses permitted by a Rural
Employment Area designation, it would appear that the applicant does not want to
- 633
REPORT NO.: PD-84-98
PAGE 22
complete the necessary studies required by Section 13.3.31 of the Durham Regional
Official Plan; and,
Rural Employment Areas typically are multi-use developments.
These concerns were certainly not unfounded and in fact were similar to the concerns
expressed to the applicant by Staff when the application was originally submitted. In this
regard, Amendment No. 9 to the Clarington Official Plan and the implementing zoning
by-law provided the following controls.
Section 16.12.1 of Amendment 9 states that Special Policy Area J may only be used for a
single presfige employment use appropriafe to and benefiting from a rural location,
including a fur garment manufacturing facility subject to certain criteria. Wording
Amendment No. 9 in this manner will assist in addressing the concerns of the area
residents since the amendment would:
limit the use of the site to a use which is appropriate for a rural location;
• limit the use to a single prestige employment use; and
• remove the need to complete the studies required by Section 13.3.31 of Durham
Regional Official Plan since the site will not be designated as a Rural Employment
Area.
However, Amendment No. 9 is also sensitive to the needs of the applicant in that it
would allow, by further amendment to the plan, for another prestige employment use
should the fur garment manufacturing facility cease operation. Therefore, the
introduction of new uses would still require an amendment to the Official Plan and
Zoning By-law, a process which would allow for input from the public.
9.4 Economic Development
During the housing boom of the mid to late 1980's and the continuous residential growth
in the 90's, Clarington has experienced tremendous residential growth. This
unprecedented residential growth added significant residential assessment to the
- 634
REPORT NO.: PD-84-98
PAGE 23
Municipality. However, Clarington did. not experience a similar boom in the
commercial/industrial construction during the same. period. As a result, the non-
residential assessment share fell to about 15% of total assessment. One objective of the
Clarington Official Plan is to achieve a minimum non-residential assessment base of 25%
by the year 2016. The Lishman proposal could help the Municipality to achieve this
goal
The Assessment Office has advised that it is difficult to determine the amount of taxes
which would be realized from such a development since the building will be an earth-
integrated structure, for which they are no valid comparisons. The Assessment Office
further advised that the taxes realized would be based in part on the size of the building,
the size of the parcel, and the construction material. Despite this, it is noted, that a
typical urban industrial building with 2500 square metres of floorspace would realize
approximately $32,500.00 in annual taxes based upon the 1997 mill rate.
We understand Paula Lishman International Limited is aworld-renowned international
fashion garment company, serving clients in North America, Europe and Asia. The
establishment of ahead office within the Municipality of Clarington may help to sell
Clarington as a preferred location to conduct business.
9.5 Environmental Impact Study
Several residents and Special Interest Groups have questioned why the application was
not accompanied with an Environmental Impact Study (EIS) given the presence of the on-
site tributary of Wilmot Creek. Prior to determining that an Environmental Impact Study
was not warranted, Staff reviewed the following material:
• Map C of the Clarington Official Plan
• Section 4 of the Clarington Official Plan
• Guidelines for the Preparation of Environmental Impact Studies
Map C identifies the approximate location of known natural features and land
- 635
REPORT NO.: PD-84-98
PAGE 24
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 area of land but only a relatively small portion
of the site will ultimately be developed. The applicant indicated to the Director of
Planning in June of 1997 that the development would not be located in proximity to the
natural features of concern. Consequently, the Director advised the applicant's
consultant that an EIS would not be required if the building is located some distance
away from the tributary of the Wilmot Creek. The draft site plan indicates that the
proposed building will have a setback of 52 metres from the tributary. This setback
would not trigger the need for an EIS based upon the criteria contained in the Guidelines.
Several residents made representations before the Regional Planning Committee on May
12,1998, seeking support for an EIS at the Regional level. Regional Planning Staff
provided the Committee with an oral report during which they indicated that they
concurred with the conclusions of the Municipality of Clarington that an EIS was not
warranted.
Staff understand the concerns of the residents and the Special Interest Groups, many of
whom actively lobby for the protection of the environment on a regular basis.
Nevertheless, the professional opinion of Staff that an EIS is not warranted in this
particular case remains unchanged. Staff, however has given serious consideration to the
environmental concerns and issues. The circulation process involved the MOE, the..
Durham Regional Health Department, the GRCA and the CVC, all of who have reviewed
and approved the various environmental reports commissioned by the applicant. It is .
also interesting to note that the GRCA has advised that in their opinion, the majority of
the components of an EIS have already been completed. These components include:
• a Hydrogeologic Site Assessment which addressed issues such as water supply, waste
- bib
~ <
REPORT NO.: PD-84-98
PAGE 25
disposal, baseflow interference, landfill gas plume and landfill gas migration; and,
• a preliminary terrestrial analysis which concluded that there vrould be no impact as a
result of the approval of the application with respect to flora and fauna.
9.6 Land Use Compatibility
One of the considerations during the review of development applications is to ensure that
the public interest is being maintained with respect to land use compatibility. In order to
ensure that the use of land is compatible with other lands in the surrounding area,
planners use a variety of planning tools including official plan provisions, zoning by-law
provisions and site plan approval.
As already indicated, one of the major concerns of the area residents is that Rural
Employment Areas allow a variety of uses and not just fur garment manufacturing. When
viewed from the perspective of land use compatibility, the concern is valid since it is
extremely difficult to determine the compatibility of unknown future uses. Being satisfied
that the fur garment manufacturing facility can be developed in a compatible manner
with the surrounding area, Staff focused on addressing the concerns of the residents. In
order to address this concern both Amendment No. 9 and the implementing zoning by-
law:
• limit the use of the property to conservation, reforestation and a fur garment
manufacturing facility;
• require that the fur garment manufacturing facility be contained within an earth-
integrated structure; and,
• cap the allowable floorspace at 2500 square metres.
The implementing zoning by-law also requires a minimum reforestation area of 10
hectares and establishes further criteria known as performance standards which prohibit:
• the outside storage of goods, materials or waste products; and
• the production of noise, glare, heat, electromagnetic emissions or vibrations which
can be detected beyond the limits of the lot upon which the use is located.
637
REPORT NO.: PD-84-98
PAGE 26
In addition, one abutting property owner was concerned that the approval of the
application would result in increased vehicular traffic along the driveway with a
corresponding loss of privacy for his family. In order to address this concern, Staff drafted
the implementing by-law to require a coniferous planting strip along the resident's
property line. The establishment of the coniferous planting strip will help to visually
screen the driveway from the adjacent property.
Finally, should Amendment No. 9 and the implementing zoning by-law be passed, the
development of lands would be subject to the site plan approval process. This process
allows Staff to implement the requirements of the zoning by-law with respect to:
• the provision of parking;
the provision of landscaping;
• the provision of the reforestation area; and,
• the provision of the coniferous planting strip.
9.7 Future Residential Uses
Early in the review process the owner of the property approached several area residents
with a model which detailed the development of not only the fur garment manufacturing
facility but also a residential subdivision with vehicular access from Concession Road 7.
This future residential subdivision was also referred to in the background reports and
technical studies submitted by Tunney Planning and the model was on display at the
resident's meeting held by the applicant at the Orono Town Hall on Thursday, December
4, 1997.
Notwithstanding the foregoing, the application does not include a residential component,
although the fur garment manufacturing facility is referred to as the first phase of a
comprehensive redevelopment of the site. We understand the residents' concern with
the residential development, however, Staff cannot deal with the residential subdivision,
as it is not part of the application.
- 638
REPORT NO.: PD-84-98
PAGE 27
Amendment No. 9, as detailed in Attachment No. 1, clearly does not allow any
residential component on the subject lands. Should the owner wish to submit any other
development applications in the future, the applications would be subject to all of the
regulatory requirements of the Planning Act. This would include the circulation of the
proposal to relevant agencies, the provision of Public Notice and the holding of at least
one Public Meeting.
Finally, Staff want to stress that each application is reviewed on its own merits and that
the approval or denial of this application by Council in no way prejudices the
Department's review of future development applications.
9.7 Private Air Strip
In January of 1998, the Planning and Development Department received numerous
submissions in which concerns were expressed regarding potential ultralight aircraft
activity on the site. The submissions were prepared as a result of some comments made
by Mr. Lishman at the residents meeting held at the Orono Town Hall. At that time, Mr.
Lishman apparently commented that he intended to store as many as eight ultralight
aircraft at the site.
Staff subsequently requested a legal opinion from the Municipality's solicitor. The
opinion indicates that the Municipality cannot regulate the storage of ultra light aircraft
on the lands to which the application relates. The opinion further states that the
Municipality does not have the legislative authority to regulate the construction and use
of a building for the storage of aircraft.
9.9 Rural Location Versus Urban Location
Many residents have stated publicly and in various correspondence that they would
welcome Paula Lishman International Limited to the Municipality of Clarington if they
would locate within one of the Municipality's approved industrial locations.
b~~
REPORT NO.: PD-84-98
PAGE 28
Staff have given careful consideration to the proposal in terms of the debate over rural
versus urban locations. Obviously, the Municipality has extensive amount of vacant
industrial land in Courtice, Bowmanville and Newcastle Village. Nevertheless, the
applicant can make a compelling case that this development is best suited in rural
location. Mr. Lishman has a long standing reputation as an environmentalist and a
steward of the land. 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 is of the opinion that the earth-
integrated structure would make a statement about the company's image with respect to
the environment and land stewardship. The use of an earth-integrated building to house
the fur garment manufacturing facility is intended to:
• achieve a high level of energy efficiency by making use of the thermal properties of
the earth;
• blend with the natural environment, providing for meaningful improvements to the
property in terms of reversing the impacts of the former aggregate extraction
operation; -and,
• illustrate how industry and the environment can and should exist in harmony
together.
Mr. Lishman's desire to construct an earth-integrated facility significantly reduces the
number of available sites within the Municipality of Clarington. However, the residents
had a valid concern that following the approval of the application, Mr. Lishman would
construct a standard industrial building in a rural location. In fact, Staff shared this
concern. In order to address this concern, both Amendment No. 9 and the implementing
zoning by-law require the fur garment manufacturing facility to be located within an
earth-integrated facility.
9.10 Official Plan Policies
Staff have reviewed the proposal in relation to the policies of the Clarington Official Plan
640
REPORT NO.: PD-84-98
PAGE 29
in order to determine, how an amendment would implement the goals and objectives of
the Plan. The Clarington Official Plan has many goals and objectives contained within
the 24 Chapters of the Plan, too many to comprehensively list within this Staff report.
However, Staff note that Amendment No. 9 would satisfy these goals and objectives of
the Clarington Official Plan by:
• encouraging landowners to demonstrate responsible land stewardship;
• creating a favourable climate and promoting Clarington as a prime location to conduct
business;
• providing for economic and employment opportunities;
• encouraging environmentally sound industrial practices and uses;
• assisting in the attainment of anon-residential assessment of 25% of total assessment;
• encouraging the rehabilitation of an abandoned aggregate operation; and,
• managing development in a manner to maintain water quality.
10 CONCLUSION
In assessing an Official Plan Amendment application, Planning Staff must determine
whether or not the principles of development should be allowed. In arriving at our
conclusion, we are guided by the following:
i) Does the proposal meet the goals and objectives of the planning policies of the
Municipality's Official Plan?
ii) Does the proposal meet all the technical requirements of the public agencies?
iii) Does the proposal meet the Provincial Policy Statement?
iv) Is the location suitable for the proposed use?
v) Would there be any significant impact on the natural environment?
vi) Is there an opportunity to restore an impact from a previous land use activity?
vii) Is the proposal necessary in the public interest?
Based on our review of the Lishman application, Staff are satisfied that it meets our
evaluation criteria. Nevertheless, we must bear in mind that planning is not an exact
- 641
REPORT NO.: PD-84-98
PAGE 30
science and the evaluation of any development proposal does involve some subjective
judgements based on professional experience.
In an ideal world, once a comprehensive Official Plan is approved, no amendment
should be allowed. However, this is not the case in the real world. Official Plans cannot
cover all development scenarios or changing circumstances and in fact the Planning Act
does provide for procedures for Official Plan Amendments. Obviously, when an
amendment application is submitted, due process must be followed and the application
must be carefully evaluated in terms of its merits or demerits.
In reaching our recommendations, Staff have carefully evaluated all the pros and cons of
the Lishman application. Staff do not support a rural employment designation since the
ramifications of such a change would be too far-reaching and could not be justified
without a comprehensive review of the Official Plan policies. However, looking
specifically at the proposed fur garment manufacturing facility, Staff believe that there are
sufficient merits to justify such a specific use. This is, in our view, a situation where the
pros outweigh the cons.
While we cannot support a redesignation of the land to Rural Employment Area, we are
of the opinion that there are sufficient merits to allow this unique employment operation
to be established in the rural area as an exception. Accordingly, we have drafted the
Official Plan Amendment to reflect the exception with appropriate conditions to be
imposed.
Respectfully submitted,
ha~-Q,.~ ~ u.e
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
Reviewed by,
~C~2~
W.H. Stockwell,
Chief Administrative Officer.
WM*DC*FW*cc
25 June 1998
642
REPORT NO.: PD-84-98
PAGE 31
Attachment No. 1 - Amendment No. 9 to the Clarington Official Plan
Attachment No. 2 - Zoning By-law amendment implementing Amendment No. 9 to the
Clarington Official Plan
Attachment No. 3 - Proposed amendment submitted by Tunney Planning Inc.
Attachment No. 4 - Existing zoning
Attachment No. 5 - Proposed site plan
Attachment No. 6 - Location map
Attachment No. 7 - Revegetated Corridor Concept
Interested Parties to be Notified of Committee and Council Decision
Hannu T. Halminen, in Trust
1748 Baseline Road
Courtice, Ontario L1E 2T1
Tunney Planning Inc.
340 Byron Street South
Suite 200
Whitby, Ontario L1 N 4P8
Other persons who spoke at previous public meetings
- 643
ATTACHMENT NO. 1
AMENDMENT N0.9 TO THE CLARINGTON OFFICIAL PLAN
Purpose: The purpose of this amendment is to introduce Special Policy Area J in the
Clarington Official Plan to permit prestige employment uses in Part Lot 33,
Concession 6 in the Former Township of Clarke.
Basis: The amendment is based upon an application submitted by Tunney Planning
Inc. on behalf of Paula Lishman International Limited (COPA 97-008).
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
i) by adding a new Section 16.12 as follows:
"16.12 Special Policy Area J
16.12.1 Special Policy Area J may only be used for a single
prestige employment use, appropriate to and benefiting
from a rural location, including a fur garment
manufacturing facility, provided that:
a) the use is located within an earth-integrated
building displaying a high standard of
architectural design and landscaping;
b) the building is located greater than 50 metres
from any watercourse;
c) the use is dry in nature;
d) there is no outside storage of goods or waste
material; and,
e) an environmental construction management plan
is prepared in accordance with Section 16.12.3
16.12.2 The implementing zoning by-law shall allow as
permitted uses, reforestation, conservation and the
establishment of a single 2500 square metre fur garment
manufacturing facility to be used for the design,
production and sale of fur garments.
16.12.3 Prior to passing a by-law to remove the Holding (H)
symbol from the implementing zoning by-law, the
applicant shall:
b~~
-2-
AMENDMENT N0.9 TO THE CLARINGTON OFFICIAL PLAN
a) enter into a site plan agreement with the
Municipality which addresses all the requirements
of the Municipality, financial or otherwise;
b) obtain the necessary approvals and/or enter into
the necessary agreements with the Regional
Municipality of Durham to address matters such
as but not limited to any required improvements
to Taunton Road, the private waste disposal
system and the private water supply system; and,
c) prepare, to the satisfaction of the Director of
Planning and Development, the Director of Public
Works and the Ganaraska Region Conservation
Authority, an environmental construction
management plan detailing:
• the rehabilitation of the former gravel pit;
• the reforestation of lands to provide a
wildlife habitat corridor linking tableland
woodlots with the Wilmot Creek
valleylands;
• the improvements to the pond and the
tributary of the Wilmot Creek; and,
• the measures to be taken to protect,
mitigate and/or rehabilitate the subject
lands from any impacts caused by
construction activity.
ii) by amending Map A as indicated on Exhibit "A" attached to this
amendment.
Implementation: The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
Interpretation: The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan shall apply in
regard to this amendment.
- e45
boo
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
ATTACHMENT N0.2
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former
Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporetion of the
Municipality of Clarington enacts as follows:
1. Section 6.4. "SPECIAL EXCEPTIONS- AGRICULTURE (A) ZONE is hereby amended
by introducing a new Subsection 6.4.59 as follows:
"6.4.59 AGRICULTURAL EXCEPTION (A-59) ZONE
Notwithstanding Sections 6.1. and 6.3 of this By-law, those lands zoned A-59 on the
schedules to this By-law shall only be used and any buildings or structures thereon
shall only be constructed in accordance with this By-law and the following definitions
and zone regulations:
a) Definitions
i) Reforestation Area
An area of trees, the majority of which are a three to five year stock
with a minimum height of 30 centimetres, and which have been
planted to reintroduce a minimum of three individual species to an
area.
ii) Earth-integrated structure
A building constructed, in accordance with the provisions of the
Ontario Building Code, utilizing construction techniques such as earth
berming and sodding which result in the structure blending with the
natural landscape and achieving a high level of energy efficiency.
iii) Coniferous Planting Strip
A landscape feature comprised of coniferous tree species planted in
such a manner as to visually screen the view of one property from the
adjacent property.
iv) Conservation
The wise management of land and resources in a way which will result
in the preservation, protection, enhancement and/or improvement of
private property for the sustained benefit of the ecosystem and society
at large.
v) Fur garment manufacturing facility
The use of an earth-integrated structure for the purposes of designing,
assembling, making, preparing, inspecting, finishing, treating, altering
and repairing fur garments. It may also include warehousing,
displaying and selling of fur garments, but does not include the tanning
of furs.
b) Permitted Uses
F u r garment manufacturing faci I ity
ii) Reforestation
iv) Conservation
z-
c) Regulations
i) Lot Area (minimum) 20 hectares
ii) Lot Frontage (minimum) 5 metres
iii) Eloorspace (maximum) 1250 square metres
on each storey
iv) Building Height (maximum) 2 storeys
v) Reforestation Area (minimum) 10 hectares
vi) Setbacks
Notwithstanding Section 3.13, the minimum setback from any
watercourse shall be 50 metres.
vii) Parking (minimum) 110 spaces
(maximum) 150 spaces
viii) Performance Standards
The permitted uses in the A-59 zone shall not include the outside
storage of goods, garbage or waste material and shall not produce
noise, glare, heat, electromagnetic emissions or vibrations which can
be detected beyond the limits of the lot upon which such use is
' located.
ix) Planting Strip Requirement
Where a front, rear or side yard fot line abuts a permanent year round
residential use and/or zone, a coniferous planting strip shall be required
along such lot line.
2. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing
the zone category from:
"Agricultural(A)" to "Holding -Agricultural -Special Exception ((H)A-59)"
"Agricultural(A)" to "Environmental Protection(EP)"
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of passing hereof, subject to the
- provisions of Section 24 (2) of the Planning Act.
BY-LAW read a first time this day of 1998
BY-LAW read a second time this day of 1998
BY-LAW read a third time and finally passed this day of 1998
Mayor
Clerk
- 648
This is Schedule"A" to By-law 98- ,
passed this day of , 1998 A.D.
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Mayor
CLARKE /
Clerk
b49
ATTACHMENT NO. 3
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 maybe 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 Al (Clarke) Land Use to
identify a Rural Employment Area within the south half of Lot 33, Concession 6.
650
ATTACHMENT NO. 4
EXISTING ZONING
35 34 33 32 31 30
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ATTACHMENT NO. 6
LOCATION MAP SHOWING
SURROUNDING LAND USES
35 34 33 32 31 30
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ATTACHMENT NO. 7
W98-045
REVEGETATED CORRIDOR CONCEPT
LOT 34
LOT 33
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