HomeMy WebLinkAbout07/06/1998 MUNICIPALITY OF
Barrington
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: July 6, 1998
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
Minutes of a Regular Meeting of June 22, 1998
4. DELEGATIONS
5. PUBLIC MEETING
(a) Proposed Official Plan Amendment to redesignate a 0.23 hectare
.may parcel of land located in Part Lot. 27, Concession 1, former Township
of Clarke from "Main Central Area: Medium Density Residential" to
an appropriate designation to permit the development of a parking area
to serve the future supermarket.
Proposed Zoning By-law Amendment to change:
• A 0.23 hectare parcel of land located in Part Lot 27,
Concession 1, former Township of Clarke, from "Holding-
Urban Residential Type One ((H)R1) Zone" to an appropriate
zone to permit the development of a parking area to serve the
future supermarket; and
• A 0.23 hectare parcel of land located in Part Lot 28,
Concession 1, former Township of Clarke, from "Light
Industrial Exception (M1-2) Zone" to an appropriate zone
to permit the conversion of an existing vacant three storey
industrial building for retail commercial, office commercial
and apartment uses. I 501
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEUPERANCE STREET. BOWMANYILLE-ONTARIO•L1C 3A6 • (905) 623.3379 • FAX 623-4169 REGCEEO ME
G.P.& A. Agenda _ 2 _
July 6, 1998
(b) Proposed Official Plan Amendment and Zoning By-law
Amendment submitted by Tunney Planning Inc. on behalf
of Paula Lishman International Limited:
i) The first parcel of land is a 20.0 hectare portion
of land located in Part of Lots 32, 33 and 34,
Concession 6, former Township of Clarke. This
parcel of land is under the ownership of
Hannu T. Halminen, in Trust.
ii) The second parcel of land, over which
Hannu T. Halminen, in Trust enjoys a right-of-way,
is a 0.54 hectare portion of a 12.33 hectare parcel
of land located in Part Lot 33, Concession 6, former
Township of Clarke under the ownership of Robert
and Jean Kingsley.
The Official Plan Amendment introduces a Special Policy
Area that would allow the use of the lands for a single
prestige employment use, appropriate to and benefitting
from a rural location, including a fur garment manufacturing
facility, subject to certain conditions. The Zoning By-law
Amendment restricts the use of the land to reforestation,
conservation and a fur garment manufacturing facility
subject to certain regulations. 503
6. PLANNING AND DEVELOPMENT DEPARTMENT
(a) PD-83-98 - Clarington Official Plan Amendment and
Rezoning Applications, 564069 Ontario Inc.
Part Lots 27 & 28, Concession 1, Former
Township of Clarke 601
(b) PD-84-98 - Regional Official Plan Amendment
Clarington Official Plan Amendment &
Rezoning Application, Tunney Planning
on behalf of Paula Lishman International
Limited, Part Lot 33, Concession 6, former
Township of Clarke 613
(c) PD-85-98 - Monitoring of the Decisions of the
Committee of Adjustment for the Meeting
of June 18, 1998 655
G.P.& A. Agenda - 3 - July 6, 1998
7. CLERK'S DEPARTMENT
No Reports
8. TREASURY DEPARTMENT
No Reports
9. FIRE DEPARTMENT
No Reports
10. COMMUNITY SERVICES DEPARTMENT
No Reports
11. PUBLIC WORKS DEPARTMENT
No Reports
12. ADMINISTRATION
No Reports
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
15. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee June 22, 1998
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( Minutes of a meeting of the General Purpose and
Administration Committee held on Monday,
June 22, 1998 at 9:30 a.m., in the Council
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Chambers.
ROLL CALL
Present Were: Mayor D. Harare
Councillor J.Mutton
Councillor M.Novak
Councillor J.Rowe
Councillor J.Schell
Councillor C.Trim
Councillor T.Young
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Also Present: Chief Administrative Officer,W.Stockwell
Municipal Clerk,P.Barrie(until 1:20 p.m.)
Director of Community Services,J.Caruana(until 2:55 p.m.)
Fire Chief,M.Creighton (until 2:55 p.m.)
Treasurer,M.Marano(until 2:55 p.m.)
Director of Public Works,S.Vokes (until 2:55 p.m.)
Director of Planning and Development,F.Wu (until 2:55 p.m.)
Deputy Clerk,M.Knight
Mayor Hamre chaired this portion of the meeting.
Mayor Hamre introduced Ms.Shannon Short,Grade 5 student at Central Public
School who won the essay contest entitled"Mayor for a Day"and will be at Mayor
Harare's side during the meeting.
DISCLOSURE OF PECUNIARY INTEREST
Councillor Rowe indicated that she would be making a disclosure of pecuniary
interest pertaining to Report PD-72-98.
MINUTES
Resolution#GPA-364-98
Moved by Councillor Mutton,seconded by Councillor Novak
THAT the minutes of a regular meeting of the General Purpose and Administration
Committee held on June 8, 1998,be approved.
"CARRIED"
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G.P.&A. Minutes -2- June 22, 1998
PRESENTATION
(a) Fred Horvath and Kathe Groen,Co-Chairs,Joint Health and Safety
Committee—introduced members of the Health and Safety Committee and
advised that Report ADMIN-06-98 is a culmination of the efforts of the
Committee and amalgamation of the Public Works and Town Hall
Committees. This is Health and Safety Week and various activities have been
planned to raise awareness of the importance of safety in the workplace. j
(b) Bernie Chandler,Deloitte&Touche,Chartered Accountants, 5140
Yonge Street,Suite 1700,North York,M2N 6L7—re: Report TR-49-98— j
circulated the 1997 consolidated Financial Reports and Auditors Reports and
thanked staff for their cooperation during the course of the audit. He advised
that the Municipality of Clarington is in good financial condition.
(c) Michael Patrick,President,Board of Trade,c/o Jennifer Cooke—
circulated a document entitled"Clarington Board of Trade—First Year Work
Plan". He advised that the initial organizational meeting has been held,
by-laws have been created,a membership coordinator has been hired,the draft
budget has been completed,an office has been set up,the first newsletter has
been circulated and the first annual general meeting has been held. The
following are in progress:
• complete incorporation,
• insurance programs,
• agreement with the municipality,
• the establishment of a web page;and
• membership drive.
DELEGATIONS
(a) Glenn Genge,Greer Galloway Group,40 King Street West,Suite 204,
Oshawa,L1H IA4—re: Report PD-75-98 noted concurrence with the
recommendations contained in the staff report and was present to answer
questions.
(b) Dale Toombs,15 Walker Street,Lindsay,K9V 5Z8—re: Report PD-77-98
agreed with the recommendations in the staff report and was present to answer
questions.
(c) Nick Mensink,G.M.Sernas and Associates,110 Scotia Court,Unit 41,
Whitby,LIN 8Y7—re: Report PD-82-98 supported the recommendations
contained in the staff report and was present to answer questions.
(d) Edgar Lucas,Intowne Gallery,Representative of the Bowmanville
Business Improvement Area—re: Report CD-31-98 presented a"proposal
update"with revised recommendations.
(d) Mike Bilsky,8250 Old Scugog Road,Enniskillen,LOA 1JO—Report
WD41-98—advised that some of his concerns have not been addressed in the j
staff report and suggested that a member of staff from the Municipality of
Pickering address Members of the Committee at some future date.
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G.P.&A.Minutes -3- June 22, 1998
DELEGATIONS CONT'D
(f) Stephen Wood,Box 416,Orono,LOB I MO—re: Report CD-30-98-advised
that he is representing all delegations who were scheduled to speak in
opposition to the recommendations contained in Report CD-30-98 and for
approximately 70 farmers and land owners as the report does not attempt to
address the concerns of the persons in Kendal who feel that the police have no
time to enforce the"free fire zone". He noted that families do not feel safe and
that high-powered weapons with high velocity bullets is an ongoing problem.
(g) Richard Stephenson,4346 Concession 6,Kendal,WA 1EO—Report
CD-30-98-was called but was not present.
(h) Pat Atkins,R.R.#1,Kendal,WA 1EO—Report CD-30-98 was called but was
not present.
(i) Eric Atkins,R.R.#1,Kendal,UA lEO—Report CD-30-98-was called but
was not present.
(j) Les Bergmann,3757 Concession Road 3,Newcastle,UB 1L9—Report
CD-30-98-was called but was not present.
(k) Delbert Grills, 3054 Tooleys Road,Courtice,L1E 2K8—Report CD-30-98-
advised that he would not be addressing Members of the Committee.
(1) Scott Alldread,4506 Highway 2,Newtonville,LOA 1JO—Report CD-30-98-
was called but was not present.
(m) Jerry Hale,4349 Concession Road 4,Newtonville,LOA 1J0—Report
CD-30-98—advised that he would not be addressing Members of the
Committee.
(n) Robert Bouley, 3445 Concession Road 5,Starkville,LOA 1JO—Report
CD-30-98-advised that he is a farmer who does not own a gun. In his
opinion,this is not a Municipal problem but a Provincial one. He stated that
hunters are needed to kill the coyotes and the wolves in order to protect
farmers' livestock. Hunting has been taking place for the last 35 years and no
one has been hurt. He advised that the wolf population has tripled over the last
10 years and that hunting is the only way to control the wolf and coyote
population.
(o) Norm Jung,Ontario Federation of Anglers and Hunters,115 Oshawa
Boulevard North,Oshawa,L1G 5W2—Report CD-30-98-noted that there
are two issues being addressed:
1) controlled pheasant hunt;and
2) predator hunting
He advised that Kendal can not be compared to Oshawa and Whitby. He stated
that hunting takes place for only 10 weeks in a year. He commended staff on
the contents of Report CD-30-98 and suggested that,if a Committee is formed,
the composition of the Committee should include 1 hunter from the
Municipality of Clarington, 1 member of the OFAH and 1 member from the
Ministry of Natural Resources. He noted his willingness to be a member of the
Committee.
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G.P.&A.Minutes -4- June 22, 1998
DELEGATIONS CONT'D
Resolution#GPA-365-98
Moved by Councillor Mutton,seconded by Councillor Schell
THAT the Committee recess for 15 minutes.
"CARRIED"
The meeting reconvened at 11:10 a.m.
Mayor Hamre thanked Shannon Short"Mayor for a Day"and presented her with a
souvenir from the Municipality of Clarington.
Councillor Novak chaired this portion of the meeting.
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PUBLIC MEETING
Pursuant to the Planning Act,the Council of the Municipality of Clarington,
through its General Purpose and Administration Committee,is holding a Public
Meeting for the following application:
(a) Official Plan Amendment and Rezoning Applications—Part Lot 16,
Concession 1,former Township of Darlington—Clarington Place Limited and
800769 Ontario Limited
The Deputy Clerk advised that the rezoning application was sent by first class mail
on or before May 21, 1998,to all property owners within 120 metres of the subject
properties in accordance with the latest municipal assessment record. In addition,
notices were also posted on the site prior to June 1, 1998. This notice procedure is
in compliance with the Ontario Regulation made under the Planning Act.
Public notice for the Official Plan Amendment Application was placed in local
newspapers on or before May 27, 1998. In addition,notices were also posted on the
site prior to June 1, 1998. This notice procedure is in compliance with the Ontario
Regulation made under the Planning Act.
The Chairman announced that the Director of Planning and Development would
describe the purpose and effect of the proposed amendments,then the objectors
would be heard,followed by the supporters and the applicant.
(a) Report PD-71-98—Clarington Place Limited and 800769 Ontario Limited—
would amend the Clarington Official Plan as follows:
• A new policy section would be introduced into the Bowmanville West
Main Central Area Secondary Plan to permit entertainment commercial
uses;
• A 4.8 hectare area of land located in Part Lot 16,Concession 1,former
Township of Darlington at the northeast corner of Highway 2 and
Green Road would be redesignated from"High Density Residential"
and"Medium Density Residential"to permit entertainment commercial
uses;and
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G.P.&A.Minutes -5- June 22, 1998
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PUBLIC MEETINGS CONT'D
• A 0.5 hectare parcel of land located in Part Lot 16,Concession 1,
former Township of Darlington at the northeast corner of Clarington
Boulevard and Uptown Avenue would be redesignated from
"Community Facility"to permit a commercial parking lot.
Proposed Zoning By-law Amendment to change:
• A 4.8 hectare area of land located in Part Lot 16,Concession 1,
former Township of Darlington at the northeast corner of
jHighway 2 and Green Road would be rezoned from"Agricultural
(A)"to an appropriate zone permitting entertainment commercial
uses;and
A temporary use by-law would be repealed on a 0.5 hectare parcel
of land located in Part Lot 16,Concession 1,former Township of
Darlington at the northeast corner of Clarington Boulevard and
jUptown Avenue and the property would be zoned"General
Commercial Exception(C1-22)Zone"to permit a commercial . -
parking lot.
No one spoke in opposition to or in support of the application.
R.Martindale,Martindale Planning Services,23 Elizabeth Street,Ajax,
LIT 2X1—was present to answer questions from Members of the Committee.
PLANNING AND DEVELOPMENT DEPARTMENT
Official Plan Resolution#GPA-366-98
Amendment&
Rezoning Application Moved by Mayor Harare,seconded by Councillor Schell
Clarington Place Ltd.
&800769 Ontario THAT Report PD-71-98 be received;
Ltd.
D09-COPA.97.003 THAT the portion of the application to amend the Clarington Official Plan
D 14.DEV.97.018 as submitted by Clarington Place Limited(Application COPA 97-003)to permit a
parking lot on the northeast corner of Clarington Boulevard and Uptown Avenue be
adopted as Amendment No.8,as shown in Attachment No.3 to Report PD-71-98,
that the appropriate by-law be passed,and further that the amendment be forwarded
to the Region of Durham for approval;
THAT the portion of the application to amend the Clarington Official Plan as
submitted by 800769 Ontario Limited to permit the entertainment commercial uses
(Application COPA 97-003)be deferred pending submission of a revised
application by the applicant;
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THAT the portion of the application to amend Zoning By-law 84-63(Application
DEV 97-018)to permit a parking lot on the northeast corner of Clarington
Boulevard and Uptown Avenue be approved as shown in Attachment No.4 to
Report PD-71-98 and that the appropriate By-law be passed;and
THAT the Region of Durham Planning Department,all interested parties listed in
Report PD-71-98 and any delegations be advised of Council's decision.
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"CARRIED"
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G.P.&A. Minutes -6- June 22, 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
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Councillor Rowe disclosed a pecuniary interest with respect to Report PD-72-98,
and refrained from discussion and voting on the matter. Councillor Rowe's spouse
is a business partner.
Removal of Resolution#GPA-367-98
Holding"H"
Symbol Clinic Moved by Councillor Mutton,seconded by Councillor Young
Building Ltd
D 14.DEV.98.024 THAT Report PD-72-98 be received;
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THAT the rezoning application submitted by Barry-Bryan Associates Limited on
behalf of Clinic Buildings(1979)Limited requesting the removal of the Holding
"H"symbol from the subject lands be approved;
THAT the amending By-law attached to Report PD-72-98 be forwarded to Council
for approval;
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THAT a copy of Report PD-72-98 and the amending By-law be forwarded to the
Region of Durham Planning Department;and
THAT all interested parties listed in Report PD-72-98 and any delegations be
advised of Council's decision.
"CARRIED"
Amendment to Resolution#GPA-368-98
Sign By-law
T07.SI Moved by Councillor Schell,seconded by Councillor Mutton
THAT Report PD-73-98 be received;
THAT the accompanying policy and related fee structure contained in Attachment
No.2 to Report PD-73-98 to control and regulate the erection of off-site directional
tourism signs be approved;
THAT the amendment to Sign By-law No.97-157 as contained in Attachment
No.4 to Report PD-73-98 be approved;
THAT the amendment to the Planning Department Fee Schedule By-law
No.96-032,as contained in Attachment No.3 to Report PD-73-98 be approved;
THAT the Municipality not accept the contract proposal presented by Canadian
Tourism Oriented Directional Signing(TODS)Limited;
THAT Tourism Operators be notified and sent a copy of Report PD-73-98 and
Attachments;and
THAT all interested parties listed in Report PD-73-98 and any delegations be
advised of Council's decision.
"CARRIED"
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G.P.&A.Minutes -7- June 22, 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
Removal of Resolution#GPA-369-98
Holding"H"
Symbol Robinson Moved by Councillor Young, seconded by Mayor Hamre
Ridge Dev. Inc.
D 14.DEV.98.037 THAT Report PD-74-98 be received;
D12.18T.89037
THAT Rezoning Application DEV 98-037 submitted by Robinson Ridge
Development Inc.requesting the removal of the"Holding(H)"symbol from the
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subject lands be approved;
THAT the amending by-law attached to Report PD-74-98 be forwarded to Council
for approval;
THAT a copy of Report PD-74-98 and the amending By-law be forwarded to the
Region of Durham Planning Department;and
THAT all interested parties listed in Report PD-74-98 and any delegations be
advised of Council's decision.
"CARRIED"
Proposed Plan Resolution#GPA-370-98
of Subdivision&
Rezoning Application Moved by Mayor Hamre,seconded by Councillor Trim
Mr.Jose Ibanez
Et Al THAT Report PD-75-98 be received;
D 14.DEV.91.002
D12.18T.90050 THAT the proposed Plan of Subdivision 18T-90050,revised and dated
May 1,1997,and further red-line revised,as per Attachment No.2 to Report
PD-75-98,be approved subject to the conditions contained in Attachment No.3 to
Report PD-75-98;
THAT the Mayor and Clerk be authorized,by by-law,to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington,at such time as
a Subdivision Agreement has been finalized to the satisfaction of the Director of
Public Works and the Director of Planning and Development;
THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By-law 84-63,as amended,submitted by Mr.Jose Ibanez be approved and
that the"Holding(H)"symbol be removed by By-law upon execution of a
j Subdivision Agreement;
THAT a copy of Report PD-75-98 and Council's decision be forwarded to the
Region of Durham Planning Department;and
THAT all interested parties listed in Report PD-75-98 and any delegations be
advised of Council's decision.
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"CARRIED"
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G.P.&A. Minutes -8- June 22, 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
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Request for Resolution#GPA-371-98
Partial Release of
Subdivision Moved by Councillor Trim,seconded by Councillor Rowe
Agreement,Jost
D 12.18T.86062 THAT Report PD-76-98 be received;
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THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the
Municipality of Clarington the partial release of the Subdivision Agreement
registered on title November 12, 1996,under Instrument Number LT778654,
affecting those lands located outside the limits of Registered Plan 40M-1882;and
THAT all interested parties listed in Report PD-76-98 and any delegations be
advised of Council's decision.
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"CARRIED"
Regional Official Resolution#GPA-372-98
Plan Amendment
Joseph&Elias Moved by Councillor Mutton,seconded by Councillor Schell
Michael
D09.ROPA.98.003 THAT Report PD-77-98 be received;
THAT Council recommend to the Region of Durham that Application ROPA
98-003 to amend the Durham Regional Official Plan submitted by Joseph and Elias
Michael be approved;and
THAT Durham Region Planning Department,all interested parties listed in Report
PD-77-98 and any delegations be advised of Council's decision.
"CARRIED"
Removal of Resolution#GPA-373-98
Part Lot Control
Green Martin Moved by Councillor Schell,seconded by Councillor Trim
Holdings Ltd.
D 14.DEV.98.038 THAT Report PD-78-98 be received;
THAT the request submitted by Green Martin Holdings Ltd.for removal of Part Lot
Control in respect to Block 62 on 40M-1907 be approved;
THAT the Part Lot Control By-law attached to Report PD-78-98 be approved and
forwarded to the Regional Municipality of Durham pursuant to Section 50(7.1)of
the Planning Act,R.S.O. 1990,as amended;and
THAT all interested parties listed in Report PD-78-98 and any delegations be
advised of Council's decision.
"CARRIED" f
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G.P.&A.Minutes -9- June 22, 1998
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PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
Rezoning Resolution#GPA-374-98
Application
290572 Ontario Ltd Moved by Councillor Rowe,seconded by Councillor Young
D14.DEV.98.01 1
THAT Report PD-79-98 be received;
THAT the application to amend the Comprehensive Zoning By-law 84-63 of the
former Town of Newcastle,as amended,submitted by D.G.Biddle and Associates
Limited on behalf of 290572 Ontario Limited be approved;
THAT the amending by-law attached to Report PD-79-98 be forwarded to Council
for approval;
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THAT a copy of Report PD-79-98 and amending by-law be forwarded to the
Region of Durham Planning Department;and
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THAT all interested parties listed in Report PD-79-98 and any delegations be
advised of Council's decision.
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"CARRIED"
757001 Ontario Resolution#GPA-375-98
Ltd,Certificate
of Release Moved by Mayor Harare,seconded by Councillor Mutton
L04.CE
THAT Report PD-80-98 be received;
THAT,pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement
between the Municipality and 757001 Ontario Limited,the Municipality has no
objections to the issuance of the"Certificate of Release";
THAT the Mayor and Clerk be authorized by by-law to execute,on behalf of the
Municipality of Clarington,the"Certificate of Release";and
THAT 757001 Ontario Limited be informed of Council's decision.
"CARRIED"
Request for Release Resolution#GPA-376-98
of Security Deposit
Rossert Taunus Moved by Mayor Harare,seconded Councillor Young
Construction Ltd.
D 12.187.86047 THAT Report PD-81-98 be received for information;and
THAT all interested parties listed in Report PD-81-98 and any delegations be
advised of Council's decision.
"CARRIED"
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G.P.&A. Minutes _ 10- June 22, 1998
PLANNING AND DEVELOPMENT DEPARTMENT CONT'D
Rezoning Application Resolution#GPA-377-98
Quarry Lakes Golf
&Recreation Centre Moved by Councillor Mutton,seconded by Councillor Young
Inc.
D14.DEV.98.023 THAT Report PD-82-98 be received;
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THAT the rezoning application submitted by G.M. Sernas and Associates Ltd. on
behalf of Quarry Lakes Golf and Recreation Centre Inc.be approved as contained
in Attachment No.3 to Report PD-82-98;
THAT a copy of Report PD-82-98 and the amending by-law be forwarded to the
Region of Durham Planning Department;and
THAT all interested parties listed in Report PD-82-98 and any delegations be
advised of Council's decision.
"CARRIED"
Coffee Time Resolution#GPA-378-98
Donuts
Newcastle Moved by Councillor Trim,seconded by Councillor Young
THAT the Director of Planning and Development be requested to submit a report
on the process which was followed for the Site Plan Application made by Coffee
Time Donuts,Newcastle,for the drive thru,addressing how the neighbours were
advised during the process.
"CARRIED"
Resolution#GPA-379-98
Moved by Mayor Hamre,seconded by Councillor Schell
THAT the Committee recess for lunch until 1:00 p.m.
"CARRIED"
The meeting reconvened at 1:00 p.m.
Councillor Trim chaired this portion of the meeting.
CLERK'S DEPARTMENT
Hunting Activities Resolution#GPA-380-98
in the Municipality
D05.GE Moved by Councillor Mutton,seconded by Councillor Schell
THAT Report CD-30-98 be received;
THAT the firearms by-law for the Municipality of Clarington remain unchanged;
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G.P.&A. Minutes - 11 - June 22, 1998
CLERKS DEPARTMENT CONT'D
THAT the Ministry of Natural Resources,the Ontario Federation of Anglers and
Hunters and the Durham Regional Police be requested to increase enforcement
activities in the area of the Kendal Crown Lands and the rural areas of the
municipality for the purpose of controlling unlawful hunters;
THAT,for the balance of 1998,a Committee be established composed of.
- 1 hunter who resides in Clarington
- I member of the OFAH who resides in Clarington
- 2 concerned residents of Clarington
- 1 staff member of the Ministry of Natural Resources
- Staff Sgt.Ted Dionne
- Staff Sgt.Dionne to act as chairman of the Committee
- meetings of the Committee are to be called by Staff Sgt.Dionne with recorded
minutes and minutes circulated to Council
- Staff Sgt.Dionne to report to Council in person at the December 14, 1998,
regular Council Meeting;and
THAT the individuals listed in CD-30-98 and interested parties be advised of-
Council's decision and be forwarded a copy of CD-30-98.
"CARRIED"
Parking Proposal Resolution#GPA-381-98
Bowmanville
Business Centre Moved by Mayor Hamre,seconded by Councillor Schell
T02.GE
THAT Report CD-31-98 be tabled to the Council meeting scheduled for
June 29, 1998 to allow Staff to report on the feasibility and financial implications of
the revised recommendations presented by the Bowmanville Business Centre.
"CARRIED"
Implementation Resolution#GPA-382-98
of a Curfew
Moved by Councillor Novak,seconded by Councillor Mutton
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THAT Report CD-21-98 be received;
THAT the amendments to By-law 94-180 attached to Report CD-21-98 be
approved;and
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THAT the interested parties listed in Report CD-21-98 be advised of Council's
decision.
"CARRIED"
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G.P.&A. Minutes - 12- June 22, 1998
CLERKS DEPARTMENT CONT'D
Resolution#GPA-383-98
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Moved by Councillor Mutton,seconded by Councillor Rowe
THAT the order of the agenda be altered to allow for consideration of the
Addendum to Report CD-34-97 listed under"Unfinished Business"at this time.
"CARRIED"
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Long-Term Resolution#GPA-384-98
Service and
Retirement Moved by Councillor Mutton,seconded by Councillor Rowe
A09.PE
THAT the Addendum to Report CD-34-97 be received;and
THAT the policy attached to the Addendum to Report CD-34-97 as Attachment
No. 1 be adopted as the Municipality of Clarington's Long-Term Service and
Retirement Policy.
"CARRIED"
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TREASURY DEPARTMENT
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Councillor Mutton chaired this portion of the meeting.
J?-urchase of Resolution#GPA-385-98
Janitorial and
Cleaning Supplies Moved by Councillor Trim,seconded by Councillor Schell
F18.QU
THAT TR-48-98 be received;
THAT staff be authorized to issue a Systems Contract Order to Swish Maintenance
Co.,Whitby,Ontario,to participate in the TOPS Buying Group for cleaning
supplies,as required by the Municipality of Clarington,to commence July 1, 1998
and expire June 30, 1999;
THAT the contract term,pending satisfactory products,service and pricing,be
automatically extended for a second and third year;
THAT Purchasing By-law#94-129,Paragraph 5.06,be waived for this transaction;
and
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THAT the required funds be drawn from each department's Operating Fund.
"CARRIED"
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G.P.&A. Minutes - 13 - June 22, 1998
TREASURY DEPARTMENT CONT'D
1997 Audit Resolution#GPA-386-98
Report and
Management Moved by Councillor Schell,seconded by Councillor Rowe
Letter
F03.AU THAT Report TR-49-98 be received;
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THAT the presentation by Deloitte and Touche on the 1997 Financial Statements be
acknowledged with thanks;
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THAT the Financial Statements for the year ended December 31, 1997 be adopted;
THAT recommendations contained in the management letter be reviewed by staff
and addressed appropriately and report back on any necessary changes;and
THAT the firm of Deloitte and Touche be appointed as the Municipality's Auditors
for the 1998 year end audit.
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"CARRIED"
Year 2000 Resolution#GPA-387-98
Compliance Update
Moved by Councillor Novak,seconded by Councillor Rowe
THAT Report TR-50-98 be received for information.
"CARRIED"
Cash Activity Resolution#GPA-388-98
Report April
1998 Moved by Councillor Schell,seconded by Councillor Trim
F10.CA
THAT Report TR-51-98 be received;
THAT in accordance with provision of Chapter M-45,Section 79(1)of the
Municipal Act,R.S.O. 1990,the Treasurer reports the cash position of the
Municipality of Clarington for the month ended April 30, 1998,is as shown on the
schedule attached to Report TR 51-98;and
THAT Part"A"of the expenditures for the month of April 1998,be confirmed.
"CARRIED"
Q98-11 Driveway Resolution#GPA-389-98
Paving
F 18.QU Moved by Councillor Trim,seconded by Councillor Young
THAT Report TR-52-98 be received;
313 .
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G.P.&A.Minutes - 14- June 22, 1998
TREASURY DEPARTMENT CONT'D
THAT Tri-Son Contracting Inc.,Port Perry,Ontario,with a total unit price of
$16.15 per square metre being the lowest responsible bidder meeting all terms,
conditions and specifications of Quotation Q98-11,be awarded the contract for
driveway paving for the Municipality of Clarington,as required by the Department
of Public Works;and
THAT the funds be drawn from the Public Works Road Maintenance Accounts.
"CARRIED"
Tender CL98-10 Resolution#GPA-390-98
Fire Fighter
Bunker Suits Moved by Councillor Schell,seconded by Councillor Novak
F18.QU
THAT Report TR-53-98 be received;
THAT Starfield Safetywear Limited,Oakville,Ontario,with a total bid in the
amount of$25,731.25(including taxes),being the lowest responsible bidder
meeting all terms,conditions and specifications of Tender CL98-10,be awarded the
contract to supply and deliver twenty-five(25)firefighter bunker suits,as required
by the Municipality of Clarington,Fire Department;and
THAT the required funds be provided from the approved 1998 Fire Department
Capital Budget Account#7102-00007-0520.
"CARRIED"
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Acceptance of Resolution#GPA-391-98
Contracts and
Quotations Moved by Councillor Schell,seconded by Councillor Rowe
L04.GE
THAT Report TR-54-98 be received;
THAT the Chief Administrative Officer and Treasurer or their designates be
authorized to accept the lowest qualified tender or quotation meeting all terms,
conditions and specifications as required by the Municipality during holiday periods
for the term of Council;
THAT the Mayor and Clerk subject to the above recommendation,be authorized to
execute the necessary contracts or agreements;and
THAT an information report and any applicable by-laws be presented at the first
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G.P.A.Committee meeting in September summarizing the tender or quotations that
have been awarded.
"CARRIED"
CL98-8 One Resolution#GPA-392-98
Only Cab and
Chassis Moved by Councillor Young,seconded by Councillor Rowe
F18.QU
THAT Report TR-55-98 be received;
314
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G.P.&A.Minutes - 15- June 22, 1998
TREASURY DEPARTMENT CONT'D
THAT Donway Sterling,Scarborough,Ontario,with a total bid in the amount of
$146,572.10(including taxes),being the lowest responsible bidder meeting all
terms,conditions and specifications of Tender CL98-8,be awarded the contract to
supply one(1)only Cab and Chassis,39,000 G.V.W.,with Plow and Sander,as
required by the Municipality of Clarington, Department of Public Works;
THAT funds in the amount of$133,000.00 be provided from the 1998 Public
Works Capital Budget Account#7203-00000-0505;and
THAT additional funds in an approximate amount of$2,472.00 be drawn from the
Public Works Equipment Reserve Account#2900-00010-0000 and approximately
$6,000.00 from the Public Works Development Charge Reserve Fund Account
#1110-00184-0000.
"CARRIED"
Interest Resolution#GPA-393-98
Free Loans
Moved by Mayor Hamre,seconded by Councillor Schell
WHEREAS the Province of Ontario no longer has programs offering interest free
loans to B.I.A.'s to perform the necessary work needed to enhance their downtown
core;
NOW THEREFORE BE IT RESOLVED THAT the Treasurer investigate and
report on the feasibility of making available interest free loans to assist our B.I.A.'s
with their long term goals.
"CARRIED"
Councillor Schell chaired this portion of the meeting.
FIRE DEPARTMENT
Monthly Fire Resolution#GPA-394-98
Report-May
1998 Moved by Councillor Novak,seconded by Councillor Rowe
CI I.FD
THAT Report FD-10-98 be received for information.
"CARRIED"
Skate Boarding Resolution#GPA-395-98
Ramp
Moved by Mayor Hamre,seconded by Councillor Trim
THAT the second skate boarding ramp damaged by fire in Orono not be replaced
for the 1998 season;and
THAT,if the Municipality has another skate boarding ramp available,it be installed
in another part of the municipality.
"CARRIED"
iG.P.&A. Minutes - 16- June 22, 1998
COMMUNITY SERVICES DEPARTMENT j
Councillor Rowe chaired this portion of the meeting.
Rickard Recreation Resolution#GPA-396-98
Complex
Concession Moved by Councillor Novak,seconded by Councillor Young
Equipment
THAT Report CS-11-98 be received;
THAT the Grill/Deep Fryer equipment identified on Page 359 of the Community
Services Department 1998 Capital and Four Year forecast be brought forward for
approval in 1998;and
THAT the necessary funds be drawn from the Parkland Cash-in-lieu Account
#5001-7-X.
"CARRIED"
Expansion Project Resolution#GPA-397-98
Rickard Recreation
Complex Moved by Mayor Hamre,seconded by Councillor Trim
THAT Report CS-12-98 be received;
THAT Council authorize a$120,000.00 increase to the contingency allowance for
the Rickard Recreation Complex expansion project;and
THAT the funds be drawn from the Impact/Escrow Reserve Fund Account �
#1110-196-4.
"CARRIED"
Councillor Young chaired this portion of the meeting.
PUBLIC WORKS DEPARTMENT
Water Spring Resolution#GPA-398-98
Con 8,Lot 5
Darlington Moved by Councillor Rowe,seconded by Mayor Hamre
THAT Report WD-34-98 be received;
THAT the Municipality apply to the Province of Ontario,Ontario Heritage
Foundation,under the"Local Marking Program"to assist in the wording and
funding of a proper historical plaque for the site of the previous water spring;
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THAT Mr.Cameron be requested to contribute equally towards the purchase cost of
the historical plaque with the Municipality;
THAT the Municipality's portion of the funding be obtained from Account
#7211-0411-0169;
THAT,conditional upon receipt of funding,the Municipality provide secure
installation and future maintenance of the plaque;and
- 316
G.P.&A. Minutes - 17- June 22, 1998
PUBLIC WORKS DEPARTMENT CONT'D
THAT Mr.Cameron be provided with a copy of Report WD-34-98 and advised of
Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
Resolution#GPA-399-98
Moved by Mayor Hamre,seconded by Councillor Novak
THAT the foregoing Resolution#GPA-398-98 be amended as follows:
That the second paragraph be amended by adding the following wording thereto:
"and report back";
and by deleting the third and fifth paragraphs therefrom.
"CARRIED" -
The foregoing Resolution#GPA-398-98 was then put to a vote and CARRIED AS
AMENDED.
Monthly Report Resolution#GPA-400-98
on Building Permit
Activity for May Moved by Councillor Schell,seconded by Councillor Trim
1998
PIO.MO THAT Report WD-35-98 be received for information.
"CARRIED"
Waste Management Resolution#GPA-401-98
Pilot Project
E07.LA Moved by Mayor Harare,seconded by Councillor Mutton
THAT Report WD-36-98 be received;
THAT Report WD-36-98 be approved FORTHWITH and forwarded to the Council
of the Region of Durham for consideration at their meeting of June 30, 1998;and
THAT the Council of the Regional Municipality of Durham be requested to refer
Clarington's request to do a three-year pilot project for the handling of municipal
solid waste by the wet/dry method,to the Works Department Staff to allow the
Works Department,over the summer comer months to discuss with Clarin ton
( g Staff and
the appropriate contractors,all details required to enable such a pilot project to take
place and to enable a full report to come to the Works Committee at their first
meeting,after the summer recess,FORTHWITH.
"CARRIED"
3 1.7
G.P. &A. Minutes - 18- June 22, 1998 j
PUBLIC WORKS DEPARTMENT CONT'D
Old Scugog Resolution#GPA-402-98
Road Realignment
T07.GE Moved by Councillor Schell,seconded by Councillor Novak
THAT Report WD-37-98 be received;
THAT Traffic By-law 91-58 be amended to provide a stop condition on Old Scugog
Road(Court section)at Old Scugog Road as the result of the approved road
realignment;
THAT Traffic By-law 91-58 be amended to provide a 60 km/hr speed zone on Old
Scugog Road from Taunton Road to 600 metres southerly;
THAT Traffic By-law 91-58 be amended to provide a stop condition on Scugog
Street at the Middle Road Intersection;and
THAT the by-law attached to Report WD-37-98 be passed by Council.
"CARRIED"
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Request for Resolution#GPA-403-98
Soccer Pitches
Moved by Councillor Novak,seconded by Councillor Rowe
THAT Report WD-38-98 be received;
THAT the property located at the northeast corner of Highway No.2 and
Centerfield Drive,Courtice,represents an undesirable location for a soccer pitch;
and
THAT Mrs.Marie Racine be advised of Council's decision.
"CARRIED"
Street Receptacles Resolution#GPA-404-98
Benches&Planters
Moved by Councillor Rowe,seconded by Councillor Novak
THAT Report WD-40-98 be received;and
THAT Council recommend against the purchasing of benches and planters for the
Business Improvement Areas of Orono and Newcastle.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
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3. 18
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G.P.&A. Minutes - 19- June 22, 1998
PUBLIC WORKS DEPARTMENT CONT'D
Resolution#GPA-405-98
Moved by Mayor Hamre,seconded by Councillor Schell
THAT the foregoing Resolution#GPA-404-98 be amended by adding the following
third paragraph thereto:
II
"THAT Council consider and make a decision at the Council meeting of June 29, 1998,
on offering an interest free loan to the Orono and Newcastle B.I.A.s for the purchase of
benches and planters for their downtown business areas".
"CARRIED"
The foregoing Resolution#GPA-404-98 was then put to a vote and CARRIED AS
AMENDED.
Speed Humps Resolution#GPA-406-98
Enniskillen
Moved by Councillor Schell,seconded by Councillor Rowe
THAT Report WD-41-98 be received;
THAT the Municipality continue to monitor the progress of traffic calming in the
areas and review any future guidelines adopted by the Transportation Association of
Canada(TAC),Canadian Institute of Transportation Engineers(CITE),and the
Ontario Traffic Conference(OTC);
THAT the Municipality not experiment with speed humps in Enniskillen or any
other location at this time but defer such actions until standardized traffic calming
guidelines are established;
THAT the establishment of a Traffic Management Committee be considered and
work with a consulting firm to create a comprehensive municipal policy, if funds
are available,during the 1999 budget deliberations;and
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THAT Mike Bilsky and Lloyd Thomas be advised of Council's decision.
"CARRIED"
Mayor Hamre chaired this portion of the meeting.
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ADMINISTRATION
Corporate Health Resolution#GPA-407-98
and Safety Program
HG4•HE Moved by Councillor Schell,seconded by Councillor Rowe
THAT Report ADMIN-06-98 be received;
THAT a copy of the Annual Report of the Corporate Joint Health and Safety
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Committee be received;
THAT the revised Corporate Health and Safety Program(Attachment#1 to Report
ADMIN-06-98)be approved;
3.1. 9
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G.P.&A. Minutes -20- June 22, 1998
ADMINISTRATION CONT'D
THAT the Corporate Health and Safety Program Initiatives(Attachment#2)
identified in Report ADMIN-06-98 be forwarded to Council for approval;
THAT amended By-law 96-63 be repealed;
THAT the By-law attached to Report ADMIN-06-98(Attachment#3)be forwarded
to Council for approval;and
THAT the Members of the Health and Safety Committee be thanked and
commended on their efforts and they be wished continued success in their future
endeavours.
"CARRIED"
Oshawa/Clarington Resolution#GPA-408-98
Association for
Community Living Moved by Councillor Novak,seconded by Councillor Trim
THAT Report ADMIN-11-98 be received;
THAT the lease agreement with the Oshawa/Clarington Association for Community
Living in the amount of$261.25 for a one year term be approved;
THAT the lease agreement with the John Howard Society in the amount of$261.25
for a one year term be approved;and
THAT the By-laws attached to Report ADMIN-11-98 and marked Attachment#1
and Attachment 42 be approved authorizing the Mayor and Clerk to execute the
necessary agreements.
"CARRIED"
UNFINISHED BUSINESS
Addendum to See Resolution#GPA-384 48 on Page 12.
CD-34-97
Clarington Resolution#GPA-409-98 �
Board of Trade
Moved by Councillor Novak,seconded by Councillor Young
THAT the presentation of Michael Patrick,Clarington Board of Trade,be
acknowledged;
THAT the annual work program and operation budget of the Clarington Board of
Trade be approved by Council,as presented;
THAT$35,000,being the full amount of the municipality's 1998 financial support
as outlined in Report ADMIN-56-97 which was adopted by Council on
December 15, 1997,be released to the Clarington Board of Trade;and
THAT Michael Patrick be advised of Council's decision.
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"CARRIED"
320
G.P.&A. Minutes -21 -
June 22, 1998
OTHER BUSINESS
Appointments Resolution#GPA-410-98
to Boards
C12.GE Moved by Councillor Novak,seconded by Councillor Schell
THAT the Confidential memorandum from the Municipal Clerk with attached
application forms for appointments to various boards be referred to the end of the
agenda to be considered at a"closed"meeting.
"CARRIED"
Special G.P.A. Mayor Hamre advised that a special meeting of the General Purpose and
Meeting Administration Committee will be held at 9:30 a.m.on July 13, 1998.
Laura Richards Mayor Hamre presented a plaque,letter from the municipality and souvenir from
The Statesman the Municipality of Clarington to Laura Richards,Reporter with The Statesman for
her fair,human and objective reporting during the years 1990-1998 and wished her
success in her new position at the Evening Guide in Port Hope.
Closed Meeting Resolution#GPA-411-98
Moved by Councillor Schell,seconded by Councillor Young
f
THAT the meeting be"closed".
� "CARRIED"
B'owmanville Resolution#GPA-412-98
Museum Board
C12.130 Moved by Councillor Novak,seconded by Councillor Schell
THAT Warner G.Fehn and Tim Tufts be appointed to the Bowmanville Museum
Board for a term ending November 30,2000.
"CARRIED"
Clarke Museum Resolution#GPA-413-98
Board
C 12.CL Moved by Councillor Mutton,seconded Councillor Young
THAT James Hutchison be appointed to the Clarke Museum Board for a term
ending November 30,2000.
"CARRIED"
Animal Advisory Resolution#GPA-414-98
Committee
C 12.AN Moved by Councillor Rowe,seconded by Councillor Trim
THAT Laurie Ovenden and Nick VanSeggelen be appointed to the Animal
Advisory Committee.
j "CARRIED"
321
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G.P.&A. Minutes -22- June 22, 1998
ADJOURNMENT
Resolution#GPA-415-98
Moved by Councillor Young,seconded by Councillor Schell
THAT the meeting adjourn at 3:05 p.m.
"CARRIED"
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MAYOR
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DEPUTY CLERK
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322
REPORT: PD-83-98
DN:OEV9t1030 564069 Ontario Inc.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to
consider a proposed Official Plan Amendment under Section 22 of the Planning Act and a proposed Zoning By-law
Amendment under Section 34 of the Planning Act submitted by 564069 Ontario Inc. as shown on the reverse side.
The proposed Official Plan Amendment(COPA 98-003) would amend the Clarington Official Plan by redesignating a
0.23 hectare parcel of land located in Part Lot 27, Concession 1, former Township of Clarke from "Main Central Area:
Medium Density Residential" to an appropriate designation to permit the development of a parking area to serve the
future supermarket.
The proposed Zoning By-law Amendment (DEV 98-030) would amend Zoning By-law 84-63 of the former Town of
Newcastle as follows:
• A 0.23 hectare parcel of land located in Part Lot 27, Concession 1, former Township of Clarke, would be
rezoned from "Holding - Urban Residential Type One ((H)R1) Zone" to an appropriate zone to permit the
development of a parking area to serve the future supermarket; and,
• A 0.23 hectare parcel of land located in Part Lot 28, Concession 1, former Township of Clarke, would be
rezoned from "Light Industrial Exception (M1-2) Zone" to an appropriate zone to permit the conversion of an
existing vacant three storey industrial building for retail commercial,office commercial and apartment uses.
ANY PERSON may attend the public meeting and/or make written-or verbal representation either in support of or in
opposition to the proposal. Please note that the time listed below reflects the time at which the General Purpose and
Administration Committee Meeting commences, not necessarily when this item will be considered.
DATE: ,Monday,July 6, 1998
TIME: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the proposed
official plan amendment does not make oral submissions at a public meeting or make written submissions to the
Municipality of Clarington before the proposed Official Plan Amendment is adopted, the Ontario Municipal Board
may dismiss all or part of the appeal.
ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m.
(8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning and Development Department, Municipal
Administrative Centre, 40 Temperance Street, Bowmanville, Ontario or by calling Richard Holy at 623-3379.
DATED TH MUNICIPALITY OF CLARINGTON
THIS F une 1998
Patti Barr' , erk
nicipality of Clarington
40 Temperance Street
BOWMANVILLE,Ontario L1C 3A6
PLANNING FILE: COPA 98-003 & DEV 98-030
CLERK'S FILE: D14.DEV. 98-030 COPA 98-003
5a1 . . .
SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT
LOT 28 LOT 27
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NEWCASTLE VILLAGE DEV. 98-030
KEY MAP COPA. 98-003
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REPORT: PD-84-98
Paula Lishman Intern'l Ltd.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a
Public Meeting to consider a proposed official plan amendment under Section 22 of the Planning
Act and a proposed zoning by-law amendment under Section 34 of the Planning Act.
The proposed official plan amendment and zoning by-law amendment would change the
designation in the Clarington Official Plan and the zone category within Comprehensive Zoning
By-law 84-63 on two parcels of land shown as the subject site on the reverse map and described as
follows:
i) The first parcel of land is a 20.0 hectare portion of an 84.7 hectare parcel of land located in
Part of Lots 32, 33 and 34,Concession 6,former Township of Clarke. This parcel of land is
under the ownership of Hannu T.Halminen,in Trust.
ii) The second parcel of land, over which Hannu T.Halminen , in Trust enjoys a right-of-way,
is a 0.54 hectare portion of a 12.33 hectare parcel of land located in Part Lot 33,
Concession 6,former Township of Clarke under the ownership of Robert and Jean Kingsley.
The official plan amendment introduces a Special Policy Area that would allow the use of the lands
for a single prestige employment use,appropriate to and benefitting from a rural location,including
a fur garment manufacturing facility,subject to certain conditions. The zoning By-law amendment
restricts the use of the land to reforestation, conservation and a fur garment manufacturing facility
subject to certain regulations. The proposed official plan amendment and the proposed zoning by-
law amendment are available in the Planning and Development Department for Inspection. A staff
report concerning the matter will be available on approximately June 26,1998.
The lands in question are also the subject of an application to amend the Durham Regional Official
Plan (ROPA 97-020/D).
ANY PERSON may attend the public meeting and/or make written or verbal representation either in
support of or in opposition to the proposal. Please note that the time listed below reflects the time
at which the General Purpose and Administration Committee meeting commences, not necessarily
when this item will be considered.
DATE: MONDAY,JULY 6, 1998
TIME: 9:30 A.M.
PLACE. Council Chambers.Municipal Administrative Centre
40 Temperance Street,Bowmanville,Ontario
IF ANY PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in
respect of the proposed official plan and zoning by-law amendments does not make oral
submissions at a Public Meeting or make written submissions to the Municipality of Clarington
before the proposed official plan and zoning by-law amendments are adopted, the Ontario
Municipal Board may dismiss all or part of the appeal.
ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30
a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning
Department, 40 Temperance Street, Bowmanville, Ontario or by calling Warren Munro at 623-
3379(Ext.326).
DATED AT THE MUNICIPALITY
OF CLARLIN
THIS 12' D E,1998
P i Barr' , er
Municipality of Clarington
40 Temperance Street
Bowmanville,Ontario L1C 3A6
PLANNING FILES: DEV 97-058
COPA 97-008
CLERK'S FILE: D14.DEV.97.058
D09.COPA.97.008
503
® SUBJECT SITE
OTHER LANDS OWNED BY APPLICANT
LOT 34 LOT 33 LOT 32 LOT 31
C N E ION } ROAD
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CLARKE COPA- 97-008
KEY MAP DEV. 97-058
ROPA. 97-020
504
DN: PD-83-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, July 6, 1998 Res. #
Report #: PD-83-98 FILE #: COPA 98-003 & By-law#
DEV 98-030
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING
APPLICATIONS
APPLICANT: 564069 ONTARIO INC.
PART LOTS 27 & 28, CONCESSION 1, FORMER TOWNSHIP OF CLARKE
FILE NO.: COPA 98-003 & DEV 98-030
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-83-98 be received ;
2. THAT the applications to amend the Clarington Official Plan and the former Town
of Newcastle Comprehensive Zoning By-law 84-63 submitted by 564069 Ontario
Inc. be referred back to Staff for further processing and preparation of a subsequent
report pending receipt of all outstanding comments; and,
3. THAT the Region of Durham Planning Department, listed interested parties and any
delegations be advised of Council's decision.,
a
1. APPLICATION DETAILS
1.1 Applicant: 564069 Ontario Inc.
1.2 Agent: J. E. Doubt Associates Inc.
1.3 Official Plan Amendment Application:
Part 1: From "Main Central Mel: Medium Density Residential" to an
appropriate land use designation permitting the development'of a
parking lot to serve the future supermarket. (see Attachment No. 2)
Part 2: Not Applicable
601
REPORT NO.: PD-83-98 PAGE 2
1.4 Rezoning Application:
Part 1: From "Holding — Urban Residential Type One ((H)R1) Zone" to an
appropriate zone permitting the development of a parking lot to serve
the future supermarket. (see Attachment No. 2)
Part 2: From "Light Industrial Exception (M1-2) Zone" to an appropriate zone
permitting the conversion of an existing three storey industrial
building for retail commercial, office commercial, and apartment
uses. (see Attachment No. 2)
1.5 Site Area: Part 1: 0.23 hectares (0.57 acres)
Part 2: 0.23 hectares (0.57 acres)
2. LOCATION
t
V 2.1 The subject lands are located in Newcastle Village at the southeast corner of King
Street East and Beaver Street South ( see Attachment No. 1). Formerly know as the
Massey factory lands, the total site area is approximately 1.22 hectares (3.0 acres).
The property is legally described as Part Lots 27 and 28, Concession 2, in the
former Township of Clarke.
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2.2 The Part 1 area of the application (see Attachment No. 2) is located at the southeast
corner of the property. This portion of the applicant's land holdings totals 0.23
hectares (0.57 ac) and is located within Part Lot 27, Concession 1, in the former
Township of Clarke.
2.3 The Part 2 area of the application (see Attachment No. 2) is located at the corner of
King Street East and Beaver Street+. This portion of the applicant's land holdings,
which contains the former Massey factory, also totals 0.23 hectares (0.57 ac). These
602
REPORT NO.: PD-83-98 PAGE 3
lands are located within Part Lot 28, Concession 1, in the former Township of
Clarke.
3. BACKGROUND
3.1 On May 13, 1998, 564069 Ontario Inc. filed applications with the Municipality of
Clarington to amend the Clarington Official Plan and the former Town of Newcastle
Comprehensive Zoning By-law 84-63. The application proposes to change the land
use designation from "Main Central Area: Medium Density Residential" to an
appropriate land use designation permitting the development of a parking lot to
serve the future supermarket. A rezoning application is also being considered in
conjunction with this amendment.
3.2 The applicant has also submitted an application to amend the former Town of
Newcastle Comprehensive Zoning By-law 84-63 permitting the conversion of the
existing three storey Massey factory building for retail commercial, office
commercial, and apartment uses.
3.3 Staff wish to note that a site plan application for a 2,320 m2 (25,000 sq.ft.) IGA
supermarket on additional lands owned by the applicant (Application DEV 98-015)
is currently being processed (see Attachment No. 2). d
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Part 1: Vacant lands
Part 2: Vacant three storey Massey factory building
4.2 Surrounding Uses: East - Urbam Residential and Parkview Seniors Building
North - Urban Residential and Newcastle Memorial, Park
West - Urban Residential and Commercial
South - Urban Residential and Vacant Lands
603
REPORT NO.: PD-83-98 PAGE 4
5. OFFICIAL PLAN POLICIES
5.1 The portion of the subject lands described as Part 1 of the application is designated
"Main Central Area: Medium Density Residential". Permitted uses include
townhouses and low-rise apartment buildings. As commercial uses are not
permitted within a residential designation, this application has been submitted for
consideration. A copy of the amendment to the Clarington Official Plan as
proposed by the applicant is attached to the report for the Public Meeting purposes
(see Attachment No. 3).
5.2 The portion of the subject lands described as Part 2 of the application is designated
"Main Central Area: Street-Related Commercial Area". The policies permit a
mixture of uses including retail commercial, personal service, office, residential,
community facility, and institutional uses. The proposed conversion of the Massey
factory building conforms with the relevant policies of the Official Plan.
6. ZONING BY-LAW CONFORMITY
6.1 Lands described as Part 1 of the application are currently zoned "Holding — Urban
Residential Type One ((H)R1) Zone" which only permits residential uses. As the
proposed use does not comply with the Zoning By-law, an application to rezone the
property is warranted. _,
6.2 Lands described as Part 2 of the application are currently zoned "Light Industrial
Exception (M1-2) Zone" which only permits dry light industrial and warehouse uses.
As the proposed use does not comply with the Zoning By-law, an application to
rezone the property is warranted.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to requirements of the Planning Act, the appropriate signage
acknowledging the application was erected on the subject lands. The required
604
REPORT NO.: PD-83-98 PAGE 5
notice was mailed to each landowner within the prescribed distance.
7.2 A number of inquiries have been received from adjacent residents on the proposed
parking lot addition. The following concerns have been noted:
• The proposed parking lot area contains fill material which has increased the
grade of this area. Residents to the west requested information on stormwater
management for the parking lot.
Representatives for the Parkview seniors building expressed concern regarding
noise from the proposed parking lot resulting from truck access and unloading
activities.
7.3 A letter from a local developer indicating support for the development proposal has
been received.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit.comments from other relevant agencies.
The Clarington Fire Department has no objections to the application.
-e
8.2 The Durham Region Planning Department has no concerns with the proposal but
provide the following comments:
• King Street has been identified as a potential source of vehicle noise. The
Municipality should be satisfied that vehicle noise can be adequately mitigated.
• The applicant proposes additional retail commercial space within the Newcastle
Village Main Central Area. While the Region generally requires a retail analysis
605
REPORT NO.: PD-83-98 PAGE 6
for additional retail floor spA6e, ;local Council can exclude applications
proposing less than 2,500 m2 of retail floorspace from this requirement.
8.3 The Durham Region Public Works Department has no objections to the application.
Full municipal services are available to the site.
8.4 Bell Canada has no concerns with the application. Bell Canada has an existing
cable buried across the property and will require an easement for access purposes.
8.5 The Local Architectural Conservation Advisory Committee (LACAC) provided the
following comments:
• All signage should be in keeping with the Massey factory building;
• The original brick facade should remain; and
• The brick used for the new IGA supermarket should match the brick of
the Massey factory building.
8.6 Comments are still outstanding from the following agencies:
• Clarington Public Works — Engineering Division
• Clarington Public Works — Parks Division
• Clarington Public'Works — Building Division
• Ganaraska Region Conservation Authority
• Clarington Hydro
• Public and Separate School Boards
• Canada Post
9. STAFF COMMENTS
9.1 The applicant is proposing retail commercial uses and office uses on the first two
floors. With the building area being approximately 685 m2 on each floor, the
additional retail and office floorspace) would total approximately 1,370 m2 . The
Clarington Official Plan only requires a retail impact study if the amount of
floorspace proposed exceeds 2,500 m2. Therefore, a retail impact study will not be
required for the application.
606
REPORT NO.: PD-83-98 PAGE 7
9.2 The applicant has indicated their interition to retain the Massey factory building
facade and convert the structure for retail commercial, office, and apartment uses.
This meets LACAC's objective of preserving the building as it currently stands. In
addition, the applicant will endeavour to match the brick on the new IGA
supermarket as closely as possible to the brick used on the Massey factory building.
This would integrate the new construction with the existing heritage resource.
9.3 The applicant has prepared a stormwater management plan for approval by the
Municipality and the Conservation Authority. Much of the stormwater for the
parking lot portion of the. property currently flows southeast. Some of the
stormwater from the Massey factory portion of the site also drains towards the
south. With the exception of the edges of the property, the applicant proposes to
channel the majority of the stormwater from the property into storm sewers. This
greatly reduces the amount of stormwater which presently impacts adjacent
properties.
9.4 Representatives of the Parkview seniors building voiced concern over noise from
delivery trucks idling in the parking lot or unloading at the rear of the supermarket.
The site plan submitted for the supermarket included a landscaping strip and
delivery lane along the eastern boundary of the property towards the proposed
parking lot.
Although the location of truck access and loading areas are site plan approval
issues, the concern potentially impacts future expansion possibilities, orientation of
the loading area, and truck movements within the future parking lot. As a result of a
meeting between Staff, Parkview representatives, and the applicant, it was decided
that the supermarket would be shifted towards the eastern property boundary. The
loading area will now be oriented away from the seniors building with trucks
gaining access from the King Street entrance. This addresses the concerns of the
607
REPORT NO.: PD-83-98 PAGE 8
Parkview representatives.
9.5 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, and taking into consideration all of the comments received,
it is respectfully requested that this report be referred back to Staff for further
processing and the preparation of a subsequent report.
Respectfully submitted, Reviewed by,
i' � - C'I _ ll�
Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell,
Director of Planning & Development Chief Administrative Officer.
RH*FW*df
June 24, 1998
Attachment No. 1 - Key Map
Attachment No. 2 - Application Map
Attachment No. 3 - Proposed Amendment to the Clarington Official Plan
d
Interested parties to be notified of Council and Committee's decision:
564069 Ontario Inc. Robin Glanville
do Tenzin Gyaltsan 149 King Street East
15 King Street West NEWCASTLE, Ontario
NEWCASTLE, Ontario 1-113 11-13
L1B 1K9
Garth White
James Doubt
i 63 Beaver Street South
J. E. Doubt Associates Inc. NEWCASTLE, Ontario
304 Division Street ` 1-1113 11-13
COBOURG, Ontario
K9A 3.R3
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ATTACHMENT #1
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ATTACHMENT #3
AMMENDMENT NO.
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The amendment designates a block of land,within a parcel of land at the
southeast corner of the intersection between King Street and Beaver Street in
the Village of Newcastle, Street Related Commercial, a change from Medium
density Residential. This change is to allow the development of parking and
landscaped spaces related to the commercial uses on the balance of the
property.
The parcel of land which is currently designated residential (medium density)is
a vacant part of a property previously used for industrial an commercial
purposes and is landlocked within the commercial designation.
BASIS:
The Amendment is based upon an application for site plan approval submitted
by Ontario Limited.
ACTUAL AMENDMENT:
The Newcastle Village Main Central Secondary Plan, being a portion of the
Clarington Official Plan, is hereby amended as follows:
by amending the land use in Map A, land use plan as shown on schedule A to
change the residential designation on the parcel of land lying south of and
abutting the street related Commercial Area to Street Related Commercial.
IMPLEMENTATION:
The provisions set forth in the Clarington Official'Plan and the Newcastle Village
Main Central Area Secondary 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 and the Newcastle Village
Main Central Area Secondary Plan as amended regarding the implementation of
the Plan shall apply in regard to this amendment.
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612
DN: PD-84-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, July 6, 1998 Res. #
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 PAGE 2
1. APPLICATION DETAILS
1.1 Owners: Hannu T. Halminen, in Trust
Robert and Jean Kingsley
1.2 Applicant: Paula Lishman International Limited
1.3 Agent: Tunney Planning Inc.
1.4 Regional Official Plan:
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 Conse-vation Authority (GRCA) through a detailed
review of the proposal.
614
REPORT NO.: PD-84-98 PAGE 3
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 a right-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
REPORT NO.: PD-84-98 PAGE 5
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 permit the proposed
development.
3.2 A Public Meeting with respect to the proposed Clarington Official Plan amendment
application (COPA 97-008) and the zoning amendment application (DEV 97-058) was
held on September 8, 1997. 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 proposed 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. & Mrs. Lishman
in order to address all questions raised by the residents;
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." i
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, a second Public Meeting
b17
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 Between Between Outside Outside of Foreign Lawyers Special Total
1 km 1 km & 3 km & of 5 Km Clarington Country Interest
3 km 5 km Groups -
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.
618
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 pribr to considering any new Rural Employment
Area+.
These issues, and the manner in which they have been addressed, will be elaborated
upon in the following Section.
619
REPORT NO.: PD-84-98 PAGE 8
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: -4
Test Wel l 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, all the wells greatly exceeded the requirements of the fur garment manufacturing
facility.
621
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.
622
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 a region-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 bass 3 to Class 5 soil with a large unclassified
area due to the activities of the former aggregate operation. The conclusion ol,' the
consultant was that the proposal does not offend the PPS with respect 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.
623
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.
t
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
624
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
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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. ,
June 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
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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 respect 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 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. ,
June 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 ithe proposed septic system will take place
through the site plan approval process.
P
8.6 Ganara ka 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: a
• 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. t
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; i
• future residential uses; r
• 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 Environmental Issues
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, a man-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; d
• 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
631
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 ) 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.
i
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: i
• 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.
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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; s
• 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,iand 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
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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 prestige employment use appropriate 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.
a
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 gro"'th
in the 90's, Clarington has experienced tremendous residential growth. This
unprecedented residential growth added significant residential assessment to the
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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 a world-renowned international
fashion garment company, serving clients in North America, Europe and Asia. The
establishment of a head office within the .Municipality of Clarington may help to sell
Clarington as a preferred location to conduct business.
a
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 i
• 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
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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 ireports 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
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REPORT NO.: PD-84-98 PAGE 25
disposal, baseflow interference, laridfill:gas plume and landfill gas migration; and,
• a preliminary terrestrial analysis which concluded that there would 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-
I aw:
• 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.
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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.
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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 i
Many residents have staters 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.
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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.
-d
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
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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 a non-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? d
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?
r
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
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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, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell,
Director of Planning & Development Chief Administrative Officer.
WM*DC*FW*cc
25 June 1998
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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. S - 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 Tunney Planning Inc.
1748 Baseline Road 340 Byron Street South
Courtice, Ontario L1 E 2T1 Suite 200
Whitby, Ontario L1 N 4P8
Other persons who spoke at previous public meetings
a
643
ATTACHMENT NO. 1
AMENDMENT NO.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 end sale of fur garments.
r
16.12.3 Prior to passing a by-law to remove the Holding (H)
symbol from the implementing zoning by-law, the
applicant shall:
644
- 2-
AMENDMENT NO.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.
645
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ATTACHMENT NO. 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
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 8463,as amended,of the former Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation 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 fur?;.
b) Permitted Uses
i) Fur garment manufacturing facility
ii) Reforestation
iv) Conservation
647
- 2-
c) Regulations
i) Lot Area(minimum) 20 hectares
ii) Lot Frontage(minimum) 5 metres
iii) Floorspace(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 lot 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.
LOT; 34'�� ' T 331 1 Y LOT 32
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Mayor
CLARKE
Clerk
SAO
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 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 Al (Clarke) Land Use to
identify a Rural Employment Area within the south half of Lot 33, Concession 6.
r
650
ATTACHMENT NO. 4
EXISTING ZONING
35 34 33 32 31 30
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COPA. 97-008,DEV. 97-058
ROPA. 97-020
651
ATTACHMENT NO. 5
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DN: PD-85-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, July 6, 1998 Res. #
Report #: PD-85-98 FILE #: By-law#
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF JUNE 18, 1998
FILES: A98/026 TO A98/029, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-85-98 be received ;
2. THAT Council concur with decisions of the Committee of Adjustment made on May
28, 1998 for applications A98/026 to A98/029, inclusive; and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decision of the Committee of Adjustment for applications A98/026 to A98/029
inclusive, in the event of an appeal.
1. APPLICATION DETAILS d
1.1 In accordance with Section 45 of the Planning Act, R.S.O. 1990, all applications
received by the Municipality for minor variance are scheduled to be heard within
30 days of being received by the Secretary Treasurer. The decisions of the
Committee are detailed below.
1.2 Applications A98/026 and A98/027 were approved as applied for.
1.3 Applications A98/028 and A98/029 were heard together as they will recognize the
creation of two equal area parcels being created through a land division application
655
REPORT NO.: PD-85-98 PAGE 2
LD98/135. The applicant stated the entire 78.4 ha (193.7 ac) parcel has been
surveyed and the area of each half was calculated by the surveyor at 39.2 ha. These
applications were also approved as applied for.
1.4 The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. 1.
1.5 Staff have reviewed the Committee's decisions and are satisfied that all decisions
are in conformity with the Official Plan policies, consistent with the intent of the
Zoning By-law and are minor in nature and desirable.
1.6 Council's concurrence with the Committee of Adjustment decisions is required in
order to afford Staff's official status before the Ontario Municipal Board in the event
of an appeal of any decision of the Committee of Adjustment.
Respectfully submitted, Reviewed by,
.4
Franklin Wu, M.C.I.P., R.P.P. W.H.'Stockwell,
Director of Planning & Development Chief Administrative Officer.
SL*CP*FW*df
June 22, 1998
Attachment No. 1 - Periodic Report
656
ATTACHMENT NO. 1
THE CORPORATION OF THE MUNICIPALITY OF CARRINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/026
********************
APPLICANT: CLARINGTON PLACE LTD.
AGENT: TOTTEN SIMS HUBICKI ASSOCIATES
PROPERTY DESCRIPTION
105 CAARINGTON BLVD
PART LOT: 16 CONCESSION: 1
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: C1-15
HEARING DATE: 18-Jun-98
DECISION: APPROVED
APPEAL DATE: 8-Jul-98
MINOR VARIANCE:
TO PERMIT 155 PARKING SPACES INSTEAD OF THE REQUIRED MINIMUM OF
162 SPACES
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION IS APPROVED FOR 155 PARKING SPACES,
SUBJECT TO APPROVAL OF SITE PLAN AMENDMENT ON THE PROPERTY.
r
657
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/027
********************
APPLICANT: STURGESS, ALBERT & ELAINE
AGENT: LEWANDOWSKI , JANUSZ
PROPERTY DESCRIPTION
14 JURA COURT
PART LOT: 32 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R2-4
HEARING DATE: 18-Jun-98
DECISION: APPROVED
APPEAL DATE: 8-Jul-98
MINOR VARIANCE:
TO PERMIT A REAR YARD SETBACK OF 5 . 6 M (18 . 37 FT) , INSTEAD OF THE
REQUIRED 7 . 5 M (24 . 6 FT) REAR YARD SETBACK
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION IS APPROVED FOR 5. 6 METRE REAR YARD
SETBACK.
658
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/028
********************
APPLICANT: ANDREWS, GLENDON & HELEN
AGENT: ANDREWS, GLENDON & HELEN
PROPERTY DESCRIPTION
5455 PATTERSON ROAD
PART LOT: 17 CONCESSION: 5
TOWNSHIP: CLARKE
PLAN NUMBER: - -
ZONING: A
HEARING DATE: 18-Jun-98
DECISION: APPROVED
APPEAL DATE: 8-Jul-98
MINOR VARIANCE:
TO PERMIT THE CREATION OF A LOT WITH AN AREA OF 39 . 2 HA, INS'T'EAD
OF THE REQUIRED 40 HA AREA
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION IS APPROVED FOR A MINIMUM LOT AREA OF
39 . 2 HA.
6 � 9
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/029
APPLICANT: ANDREWS, GLENDON & HELEN
AGENT: ANDREWS, GLENDON & HELEN
PROPERTY DESCRIPTION
5455 PATTERSON ROAD
PART LOT: 17 CONCESSION: 5
TOWNSHIP: CLARKE
PLAN NUMBER: - -
ZONING: A
HEARING DATE: 18-Jun-98
APPEAL DATE: 8-Jul-98 DECISION: APPROVED
MINOR VARIANCE:
TO PERMIT THE CREATION OF A LOT WITH AN AREA OF 39 . 2 HA, INSTEAD
OF THE REQUIRED 40 HA AREA
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION IS APPROVED FOR A MINIMUM LOT AREA OF
39 . 2 H.A.
660