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Home My WebLink AboutPD-110-973. MUSHMAN.GPATHE CORPORATION OF THE MUNICIPALITY C REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee Date: Monday, September 8, 1997 t-,( ,F CLARINGTON File # �� • �� Res. #CIA - Report #: PD- 110 -97 File #:DEV 97 -058 (COPA 97 -008 AND ROPAW&W Subject: DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION AND REZONING APPLICANT: TUNNEY PLANNING ON BEHALF OF PAULA LISHMAN INTERNATIONAL LIMITED PART LOT 33, CONCESSION 6, FORMER TOWNSHIP OF CLARKE FILE NO.: DEV 97 -058 (COPA 97 -008 AND ROPA 97- 020 /D) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 110 -97 be received; 2. THAT the applications to amend the Durham Regional Official Plan, the Clarington Official Plan and Comprehensive Zoning By -law 84 -63 submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited, be referred back to staff for further processing and the preparation of a subsequent report pending the receipt of all outstanding comments; and 3. THAT the interested parties listed at the end of this report be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner: Hannu T. Halminen, in trust. 1.2 Applicant: Paula Lishman International Limited 1.3 Agent: Tunney Planning Inc. 1.4 Official Plan: Seeking to amend the Durham Regional Official Plan in order to introduce a Rural Employment Area symbol and permit a 2,500 square metre fur garment manufacturing plant. The applicant is also seeking to amend the Clarington Official Plan in order to permit the above -noted development. The I_. proposed Clarington Official Plan amendment submitted by the applicant is included in this report as Attachment No. 1. 1.4 Rezoning: The subject property currently contains the following zone categories: • Agricultural (A) • Environmental Protection (EP) The applicant intends to amend the zoning by -law in order to implement the above -noted development. Staff note that the Environmental Protection zone is not intended for development with the current application and the limits of the Environmental Protection zone will be confirmed by the Ganaraska Region Conservation Authority through a detailed review of the proposal. 1.5 Area: The area subject to the applications are a 19.2 hectare portion of a 84.7 hectare parcel of land. A key map detailing the area subject to the applications is included within this report as Attachment No. 2. 2. BACKGROUND 2.1 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. At the same time, applications were filed with the Municipality of Clarington in order to amend both the Clarington Official Plan and Comprehensive Zoning By -law 84 -63 to designate a Rural Employment Area and specifically permit a fur garment manufacturing plant. 6 4 REPORT NO.: PD- 110 -97 3. PUBLIC NOTICE AND SUBMISSIONS wam 3.1 A Public Notice sign was installed on both Taunton Road and Concession Road 7. In addition, Notice was provided by pre -paid first class mail to the area residents in accordance with the provisions prescribed in the Planning Act. It is noted that the Region of Durham will be holding a separate Public Meeting on September 16, 1997 with respect to the proposed Durham Regional Official Plan amendment. 3.2 The Planning and Development Department has not received any written submissions with respect to the proposal as a result of the public notification process. However, staff have received numerous telephone and counter inquiries from area residents at which time concerns were expressed regarding the following issues: • increased traffic and the possible introduction of traffic lights along Regional Road 4; • the possible impacts upon Wilmot Creek and other environmental features; • the proposal's proximity to the former landfill site and the former aggregate extraction site; and • the removal of prime land from the agricultural land base. 4. OFFICIAL PLAN CONFORMITY 4.1 Within the 1991 Regional Official Plan, the subject lands are designated Permanent Agricultural Reserve. The Clarington Official Plan similarly designates the subject property as Prime Agricultural Area. Land so designated are intended to be used for agriculture and farm - related uses. An amendment to both the Durham Regional Official Plan and the Municipality of Clarington Official Plan is required in order to permit the proposal. i) i `- REPORT NO.: PD- 110 -97 PAGE 4 5. ZONING BY -LAW COMPLIANCE 5.1 The lands subject to the current applications are currently zoned in part Agricultural (A) and in part Environmental Protection (EP). These zone categories do not permit the development as desired by the applicant and hence the application proposes to amend the zoning to implement the proposed Official Plan Amendments. 6. AGENCY COMMENTS 6.1 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 amendment to By -law 84- 63 was circulated in order to obtain comments from other departments and agencies. The following provides a brief summary of the comments received to date. 6.2 The Fire Department has advised that fire protection would be provided by the Orono station which is staffed with part -time fire fighters. 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 the processing of the fur garments will need to be provided. 6.3 Comments remain outstanding from the following agencies: • Ganaraska Region Conservation Authority • Ontario Hydro • Regional Planning • Regional Works ® Regional Health • Clarington Public Works 0 REPORT NO.: PD- 110 -97 7. STAFF COMMENTS PAG E 5 7.1 The applicant submitted an Agricultural Impact Study prepared Dale Toombs Consulting dated June 1997. The consultant notes that there are two prevailing principles to establishing non -farm uses in an agricultural designation as follows: • Development should be located on poor quality soils; and • Development must not only meet the Minimum Distance Separation Formula, but also be well removed from agricultural uses so as not to impede agricultural practices and introduce potential conflict from non- farm uses. It is the consultant's opinion that the site meets both criteria. 7.2 The applicant has also commissioned two other studies: • a Phase 1 Environmental Site Assessment to determine if there is potential contamination of the land due to previous site activities; and • a Hydrogeological Assessment of the impacts of the proposed use on groundwater. As of the writing of this report, these studies had not been submitted. 8. CONCLUSION 8.1 The purpose this report is to provide a status of the application for the Public Meeting. In consideration of the outstanding agency comments and any issues which may be raised at the Public Meeting, it would be in order to have the applications referred back to staff for further processing. 1 i� REPORT NO.: PD- 110 -97 PAGE 6 Respectfully submitted, r l Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development WM *DC *FW *df 25 August 1997 Reviewed by, W.H. Stockwell Chief Administrative Officer Attachment #1 - Proposed Clarington Official Plan Amendment Attachment #2 - Key Map Interested parties to be notified of Council and Committee's decision: Hannu T. Halminen, in Trust 1748 Baseline Road Courtice, Ontario L1 E 2T1 Tunney Planning Inc. 340 Byron Street South Suite 200 Whitby, Ontario L1 N 4P8 ATTACHMENT #1 DRAFT Amendment No. to the Municipality of Clarington Official Plan The Official Plan of the Municipality of Clarington is hereby amended as follows: i) In Section 11: Employment Areas, add a section following 11.6 General Industrial Areas as follows: 11.7 Rural Employment Areas 11.7.1 Rural Employment Areas may be permitted in Agricultural Areas by amendment to this Plan provided that: a) they access onto a Regional Road; b) they are not located on high capability agricultural lands; C) they conform with the Minimum Distance Separation Formulae; d) they do not adversely impact the ability of surrounding agricultural operations to carry on normal agriculture practices; e) they do not impact significant natural features and minimize impacts on watercourses, groundwater resources or other environmentally sensitive features; f) they are individually serviced with a private sewage disposal system and private drilled well which complies with the standards of the Ministry of Environment and Energy and the Regional Municipality of Durham. ii) In Section 11.7.1, inserting after the words All Employment Areas, the words "with the exception of Rural Employment Areas" iii) Renumbering all of section 11.7 to 12.7 iv) Adding an appropriate symbol and legend to Map Al (Clarke) Land Use to identify a Rural Employment Area within the south half of Lot 33, Concession 6. I • Z 0 X Z SUBJECT SIT I • ■ , • , .77....77777.. LOT 3 4 LOT 33 LOT 3 2 LOT 31 CLARKE KEY MAP TAUNTON DEV. COPA. ROPA. ROAD 97 -058 97 -008 97 -020 620 ATTACHMENT # 2 D p • D