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Home My WebLink AboutPD-124-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: MOSPORT.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, September 23, 1996 Res. � f 1 1116 Report #: PD- 124 -96 File #: DEV 96 -035 By -law #_ Subject: REZONING APPLICATION - APPLICANT: 9027 -0310 QUEBEC INC. PART LOT 33, CONCESSION 8, FORMER TOWNSHIP OF CLARKE FILE: DEV 96 -035 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 124 -96 be received; 2. THAT the application to amend Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle submitted by Weir and Foulds on behalf of 9027 -0310 Quebec Inc. to permit the development of a parking area in association with Mosport Park be referred back to staff for further processing; 3. THAT the applicant be requested to submit an application to amend the Clarington Official Plan for staff to consider the proposal; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS Applicant: 9027 -0310 Quebec Inc. Agent: Rezoning: 1.4 Site Area: Weir and Foulds From "Agricultural (A) Zone" and "Agricultural Exception (A -1) Zone" to an appropriate zone permitting the development of a parking area in association with Mosport Park 49.6 hectares (122.6 acres) REPORT NO. PD- 124 -96 PAGE 2 2. LOCATION 2.1 The subject lands comprise a 49.6 hectare parcel on the west side of Mosport Road south of the existing Mosport Park. The lands are currently used for agricultural purposes. The property is legally described as Part Lot 33, Concession 8, in the former Township of Clarke. 3. BACKGROUND 3.1 On July 6, 1996, Weir and Foulds filed an application on behalf of 9027 -0310 Quebec Inc. with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By -Law 84 -63. The purpose of the application is to change the current zoning from "Agricultural (A) Zone" and "Agricultural Exception (A -1) Zone" to an appropriate zone permitting the development of a parking area in association with Mosport Park. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Agricultural 4.2 Surrounding Uses: East: Gravel pit currently not in operation and agricultural North: Mosport Park West: Forest and agricultural South: Agricultural 5. OFFICIAL PLAN POLICIES 5.1 The following comments were received from the Durham Region Planning Department regarding the application: The application proposes to rezone the subject property from Agricultural (A) and Agricultural Exception (A -1) to permit the development of a parking area. 602 REPORT NO. PD- 124 -96 PAGE 3 The subject property is designated Permanent Agricultural Reserve - Oak Ridges Moraine and Major Open Space - Oak Ridges Moraine in the Durham Regional Official Plan and is adjacent to the Mosport Park Regional Node. The proposed use relates to Mosport Park. The Regional Node designation for Mosport Park is subject to a referral to the Ontario Municipal Board, and it will be the subject of a deferral in the adopted Clarington Official Plan. Subsequently, the Region indicated that lands designated Permanent Agricultural Reserve -Oak Ridges Moraine are subject to both the Permanent Agricultural Reserve and Major Open Space (Section 14.3) land use policies. These comments provide staff with no clear indication on the issue of conformity with the Durham Regional Official Plan. Staff will continue discussions with the Region in order to obtain an answer on the issue of conformity. 5.2 Within the Council- adopted Clarington Official Plan, the subject lands are designated "Prime Agricultural Area ". In its review of the Plan, the Durham Region Planning Committee recommended that the designation on the subject lands be revised to "Open Space System - Oak Ridges Moraine" and "Prime Agricultural Area, Subject to Section 14.6 ". Permitted uses on these lands include conservation, reforestation, agriculture, and passive recreational uses such as pedestrian trails and horseback riding. The use of land for the purposes of a parking area would appear to be contrary to the Clarington Official Plan. 5.3 As the proposed use is not permitted within the policies, the applicant will be required to submit an official plan amendment application which would be subject to Section 14.6 of the Clarington Official Plan. This section indicates that such an 603 REPORT NO. PD- 124 -96 PAGE 4 application shall be accompanied by an evaluation of the potential impact of the proposed use on the Moraine's natural features and functions. The evaluation, prepared at the applicant's expense, shall demonstrate how the planning, siting, design, or construction practices of the proposed development would maintain or enhance the ecological integrity of the Moraine. This would include impacts on the natural heritage, water resources, and landform conservation. 6. ZONING BY -LAW CONFORMITY The subject lands are currently zoned "Agricultural (A) Zone" and "Agricultural Exception (A -1) Zone ". The "Agricultural (A) Zone" permits residential uses, existing cemeteries and places of worship, farms, conservation and forestry, kennels, fur farms, public fairgrounds and riding stables. Uses permitted within an "Agricultural Exception (A -1) Zone" include residential uses, existing cemeteries and places of worship, farms, conservation and forestry, wayside pits and quarries, and private kennels. As the present zoning does not permit parking areas, the applicant has applied to rezone the property to an appropriate zone to permit the proposed use. 7. PUBLIC NOTICE AND SUBMISSION 7.1 The appropriate signage acknowledging the application was erected on the subject lands in accordance with the provisions of the Planning Act. The notice was mailed to each landowner within the prescribed distance and to all agencies requiring notification. 7.2 As of the writing of this report, no written submissions have been received. Two inquiries for general information relating to the proposed development have been received. REPORT NO. PD- 124 -96 PAGE 5 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Municipality of Clarington Fire Department and the Ganaraska Region Conservation Authority have no objections to the development proposal. 8.2 Comments still remain outstanding from the following agencies: Clarington Public Works Department Durham Regional Public Works Department • Central Lake Ontario Conservation Authority 8.3 The application was not circulated by the Municipality to the Ministry of Natural Resources nor the Ministry of Agriculture and Food - Rural Affairs. The review functions of these two ministries has been transferred to the Durham Region Planning Department. Staff are confident that comments relating to natural resource and agricultural issues will be forthcoming. 9. STAFF COMMENTS 9.1 In reviewing the proposal, staff requested additional information on the proposal. The applicant's agent has provided the following response: • The subject property is currently being used for agricultural purposes. Despite the land being proposed for parking purposes, it will be maintained as a crop field. • The entrance to the property will be gravelled to permit access and egress to the property. • The property can be buffered with additional tree plantings along Mosport Road to shield the parking area from the roadway. • The applicant is proposing a shuttle service for individuals parking on the subject lands which would utilize an internal roadway system between the subject lands and Mosport Park. This roadway would have to cross an unopened road allowance between Concession 8 and Concession 9. 605 REPORT .D .6 PAGE 6 9.2 Although the agent has indicated that agricultural uses would be maintained on the property, no information has been provided as to how the agricultural viability would be maintained. 9.3 The purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act as well as to provide a status of the application. As the issue of conformity as well as various agency comments are still outstanding, this application should be referred back to staff for further processing and the preparation of a subsequent report. Respectfully submitted, �k Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *FW *cc Attachment #1 - Key Map September 13, 1996 Reviewed by, (rV . gRP - r �. W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Mr. Bernard Kamin 9027 -3010 Quebec Inc. c/o Mosport Park Limited 825 Denison Street, Unit 6 Markham, Ontario L3R 5E4 Mr. Bill Link 3415 Concession Road 10 P.O. Box 353 Orono, Ontario LOB 1 MO Mr. M.J. McQuaid Weir and Foulds P.O. Box 480 2 First Canadian Place Toronto, Ontario M5X 1J5 _J SUBJECT SITE 34ow`0331"�32 (UNOP NED RO _ ) _ ALLOWA CE CONCESS-IC I� I� I� IV) IF-- I0 IIz IIw II II� Ilm Ilw IIz III Io I0 IIQ IIo �I0 III • A Q- V) 0 m BETWEEN -- 1 S ®8 & 9 I I� II° IIz I►nw IIo Tiny � z II CONCESSION OAD ME Vall ulsoolffe" 607 Attachment # 1 • rw W •0 z _0 cn w U z 0 U D