HomeMy WebLinkAboutPD-150-93
UHFINISHEO BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: VIKING.GPA
Date:
Monday, November 1, 1993
Res. #
Meeting: General Purpose and Administration Committee File #
~
PD-150-93 OPA 93-D/006 (X-REF: DEV 9~-034
#: File #: P
#
Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION
APPLICANT: OSHAWA VIKING RUGBY CLUB
PART LOT 21, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON
FILE: OPA 93-D/006 (X-REF: DEV 93-034)
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-150-93 be received;
2. THAT the Region of Durham be advised that the Municipality of
Clarington recommends DENIAL of the Durham Regional Official
Plan Amendment application submitted by the Oshawa Vikings
Rugby Club;
3. THAT the application to amend Comprehensive Zoning By-law 84-
63, as amended, submitted by the Oshawa Vikings Rugby Club be
DENIED; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant:
Oshawa Vikings Rugby Club
1. 2 Agent:
Glenn Elliott
1.3 Official Plan: from Permanent AgriCUltural Reserve with
indications of Hazard Lands to an appropriate
designation in order to permit the development
of two (2) rugby playing fields and one (1)
associated clubhouse
1.4
Rezoning:
from Agricultural
appropriate zone in
noted development.
Exception (A-i) to an
order to permit the above
....2
519
RECYCLED PAP)ER
PAPER RECYCLE
REPORT NO. PD-150-93
PAGE 2
1. 5 Area:
11.9 hectares (29.4 acres)
2 . BACKGROUND
2.1 On June 23, 1992, the Planning and Development Department
received an application to amend Zoning By-law 84-63 in order
to permit the development of two (2) rugby playing fields and
one (1) associated clubhouse.
2.2 The applicant was subsequently informed that in order for the
proposal to be considered, an application to amend the
Regional Official Plan was required. On May 7, 1993, the
Planning and Development Department was advised by the Region
of Durham that the appropriate application was filed with the
Regional Planning Department.
2.3 The proposal is situated on a 11.9 hectare parcel of land
located on the west side of Holt Road approximately 440 metres
north of Taunton Road but is more formally described as Part
Lot 21, Concession 5, in the former Township of Darlington.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 Pursuant to Council's resolution of July 26, 1982 and the
requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject
lands. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
3.2 A Public Meeting with respect to the proposal was held on
Tuesday September 8, 1992 at which time one (1) area resident
expressed opposition to the proposal since prime agricultural
land would be taken out of production.
4. OFFICIAL PLAN CONFORMITY
4.1 within both the 1976 and the 1991 Regional Official Plans, the
....3
520
REPORT NO. PD-150-93
PAGE 3
subject property is designated Permanent Agricultural Reserve
which means the predominant use of land shall be for
agricultural and farm related uses. The proposed use is not
recognized as an agricultural or farm related use. Therefore,
the proposal does not conform to the intent of either the 1976
Regional Official Plan or the 1991 Regional Official Plan.
Nevertheless, the applicant has submitted an application to
the Region to appropriately amend the Regional Official Plan.
5. ZONING BY-LAW COMPLIANCE
5.1 within Comprehensive Zoning By-law 84-63, as amended, the
subject property is zoned Agricultural - Exception (A-i) which
would permit agricultural and agriculturally related uses. As
the applicant is proposing to develop the subject property
with two (2) rugby playing fields and one (1) associated
clubhouse, the applicant has applied to appropriately amend
the zoning by-law.
6. AGENCY COMMENTS
6.1 In accordance with departmental procedures, the application
was circulated to obtain comments from other departments and
agencies. The following provides a brief synopsis of the
comments received.
6.2 The Ministry of Agriculture and Food has reviewed the
application and objects to the proposal. The Ministry advises
that the subject lands are 80% Class 1 soil and show
indications of being farmed in the past. In addition, the
Ministry notes that the surrounding land uses are almost
exclusively agricultural and that activities such as those
proposed by the applicant should be restricted to the nearby
urban area. Therefore, the Ministry of Agriculture and Food
objects to the proposed use and recommends that the
application be denied.
....4
521
REPORT NO. PD-150-93
PAGE 4
6.3 The Ministry of Natural Resources has reviewed the application
and advises that the subj ect lands are traversed by an
intermittent tributary of Black Creek and that the applicant
plans to divert the creek to allow for the eastern playing
field. Al though the Ministry has no obj ection to the
proposal, the Ministry advises that the proposed alteration to
the watercourse may require approval under the Lakes and
Rivers Improvement Act.
6.4 The Central Lake ontario Conservation Authority has reviewed
the proposal and note that the subject lands are traversed by
a headwater tributary of Black Creek and some floodplain is
associated with the watercourse. However, the Authority has
no objection to the proposal subject to various regulatory
development controls regarding watercourse realignment and
sediment control.
6.5 The balance of the circulated agencies which have provided
comments are the Ministry of Natural Resources, Regional
Health Department, Clarington Fire Department, Clarington
Public Works Department and Clarington Community services
Department. None of these agencies provided objectionable
comments with respect to the proposal.
7. STAFF COMMENTS
7.1 Staff have reviewed the application within the context of the
Regional Official Plans, the Comprehensive zoning By-law and
the comments from the circulated agencies.
7.2 Although the applicant's agent has indicated that the parcel
has not been farmed for three (3) years, the Ministry of
Agriculture and Food notes that the parcel shows indications
of being farmed in the past. The Ministry further notes that
the lands are 80% Class 1 soil and that the surrounding area
....5
5Z~
REPORT NO. PD-150-93
PAGE 5
is almost exclusively agricultural in nature. staff agree
with the Ministry of Agriculture and Food in that prime
agricultural land should be preserved. The proposed use does
not need to be located on prime agricultural land. Staff are
also of the opinion that uses of this nature should be
encouraged to locate within or close to the urban areas or
locate within Major Open Space designation which allows for
recreational uses provided that the proposed use is compatible
with the surrounding area.
8. CONCLUSION
8.1 In view of the comments contained within this report, Staff
respectfully recommend that the applications for both Official
Plan Amendment and Zoning Amendment be DENIED.
Respectfully submitted,
Recommended for presentation
to the Committee,
Qr~~ ~
Fr nklin Wu, M.C.I.P.
Director of Planning
and Development
Marano, Acting
Administrative Officer
WM*FW*cc
Attachment # 1 -
Attachment # 2 -
Key Map
Proposed site Plan
21 October 1993
Interested parties to be notified of Council and Committee's
decision:
Glenn Elliott
Elliott & Hughes
575 Thornton Road North
Oshawa, ontario
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