HomeMy WebLinkAboutPD-1-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
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Meeting:
General Purpose and Administration Committee
File #])\4 ."De..(J. 'BOo~
Res.#($~- ;).-'1'1.
Date:
Monday, January 4, 1999
Report #:
PD-1-99
FilE #: DEV 93-002
By-law #
Subject:
O.M.B. DECISION - TOMINA REZONING
PART LOT 26, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: DEV 93-002
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-1-99 be received for information.
1. APPLICATION DETAILS
1.1 Applicant: Gertrude Tomina
1.2 Application: From "Agricultural Exception (A-1)" to "Agricultural Exception
(A-54)" to permit the establishment of a golf driving range. .:
1.3 land Area: 9.015 ha (22.27 acres)
1.4 By-law 98-076 adopted May 11, 1998
2. LOCATION
2.1 The subject property is located on the north-east corner of Highway No. 2 and
Hancock Road. The property is further described as being located in Part lot 26,
Concession 2, former Township of Darlington.
601
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REPORT NO.: PD-1-99
PAGE 2
3. BACKGROUND
3.1 Rezoning and site plan applications were originally filed with the Municipality of
Clarington Planning and Development Department on January 4, 1993. At that
time the applicant proposed to develop the property for miniature golf and batting
cages as well as a driving range. As the application proceeded, only the driving
range component was pursued. Two public meetings were held; one in Marc~
1993, the second in November 1995. The second meeting was as a result of an
application to amend the Durham Region Official Plan. The Ministry of Municipal
Affairs approved the Official Plan Amendment on February 22,1996.
3.2 In July 1997, Council adopted a resolution as follows:
"THAT the Zoning By-law Amendment submitted by H. Kortekaas & Associates Inc.,
on behalf of Gertrude Tomina to rezone the subject property to permit the
development of a golf driving range, be approved for a temporary use and a by-law
amendment be forwarded to Council for approval at such time as all outstanding
site plan issues have been finalized.
3.3. In May 1998, following execution of a site plan agreement for the driving range,
Council adopted a Temporary Use By-law for the development. This By-law was
appealed by Ms. Heather Parchment, the neighbouring landowner to the north. Her
reasons for appeal included loss of privacy; hours of operation; noise; traffic;
compensation for possible damages from golf balls; loss of property value;
disruption of views from the poles and nets; and negative grading and drainage
impacts.
3.4 The Ontario Municipal Board scheduled a hearing for the matter to be heard on
September 23, 1998. Mr. & Mrs. Tomina, their engineer and solicitor attended the
hearing. In addition, the Tomina's solicitor summoned a Planner from the
Municipality's Planning and Development Department in support of the By-law. An
6D2
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REPORT NO.: PD-1-99
PAGE 3
hour after the hearing was scheduled to commence, neither the appellant nor a
representative appeared at the hearing. As a result, based on evidence of the
Planner, the appeal was dismissed.
Respectfully submitted,
Reviewed by,
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Franklin Wu, M.C.I.P. , R.P.P.
Chief Administrative Officer.
a i ]. Crome, M.C.I.P. ,R.P.P.
Acting Director of Planning & Development
CP*L PDC*df
18 December 1998
Attachment #1 - Key Map
Attachment #2 - Ontario Municipal Board decision
603
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_ SUBJECT SITE
LOT 27
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LOT 26 LOT 25
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LOT 24
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DEV. 93-002
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ISSUE DATE
OCT 0 5 1~ I
Q€CISIONlOROER N~X
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Ontario Municipal Board [" .'
Commission des affaires municipales de l'ont1rid I 2P
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Heather Parchment has appealed to the Ontario Municipal Board under subsection 34(19)
of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-Law No.98-76
of the Municipality of Clarington.
OMB File No. R980122
COUNSEL:
0, Strike
for M.G. Tomina
MEMORANDUM OF ORAL DECISION DELIVERED BY N.M. KATARY ON
SEPTEMBER 23.1998 AND ORDER OF THE BOARD
Neitherthe appellant nora representative showed up at the hearing, even half an
hour after the commencement of the hearing,
On the basis of the uncontradicted evidence by the Senior Planner with the
Municipality, the Board finds that the proposed amendment conforms to the Official Plan.
The Board, therefore, dismisses the appeal. In this particular instance taking into
account the facts of this casel the effective date of the by-lavJ should be the 23rd of
September, 1998.
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"N.M. Ka~.._.~.
N.M. KA1;ARY.
MEMBER..-
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The Board so Orders.
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