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HomeMy WebLinkAboutPD-58-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Subject: File #� , 1. THAT Report PD -58 -94 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84- 63 of the Former Town of Newcastle, as amended, initiated by the Municipality of Clarington be referred back to staff for a subsequent report pending receipt of all agencies comments; 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Owner: John Vanginhoven 1.3 Rezoning: From "Residential Hamlet (RH)" to "Agricultural Exception (A -1) Zone" to reflect an Ontario Municipal Board decision to uphold the revised Hamlet boundary presented in Official Plan Amendment No. 30 to the Official Plan of the former Town of Newcastle. 1.4 Area: 4.8 hectares 2. LOCATION 2.1 The subject lands are located in Part Lot 18, Concession 5, former Township of Darlington. The, lands are located north of Hampton and east of Perry Avenue. (see attachment #1). fJ PAPER _I�At THIS IS PRINKED QY RECYCLED PAPER REPORT NO.: PD -58 -94 PAGE 2 3. BACKGROUND 3.1 In November 1987, the Planning Department, in light of Council's direction, began preparation of a Hamlet Plan for Hampton. This Plan (known as Official Plan Amendment No. 30 to the Town of Newcastle Official Plan) was approved by Regional Council on November 1, 1989 and was subsequently forwarded to the Ministry of Municipal Affairs for final approval. 3.2 Mr. Vanginhoven requested at the time the amendment was forwarded to the Ministry, that the portion of Amendment No. 30, effecting his property be referred to the Ontario Municipal Board. Mr. Vanginhoven objected to the exclusion of a portion of his property from within the limits of the Hamlet boundaries. 3.3 The Ontario Municipal Board in rendering its decision on June 23, 1993, dismissed Mr. Vanginhoven's appeal to increase the limits of the Hamlet boundary and approved the referred portion of Official Plan Amendment No. 30. 3.4 In light of the Ontario Municipal Board decision, the existing (RH) Residential Hamle Zone on Mr. Vanginhoven's property is no longer appropriate and should be amended to (A -1) Agricultural Exception Zone. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Pasture 4.2 Surrounding Uses: East - agricultural West - residential South - residential North - agricultural F REPORT NO.: PD -58 -94 PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 According to the Durham Region Official Plan 1991, the lands are designated General Agricultural Area. Lands designated General Agricultural Area shall be used predominantly for agriculture and farm - related uses. Other uses such as riding and boarding stables, kennels, allotment gardens, fur and sod farms are also permitted. 6. ZONING BY -LAW PROVISIONS 6.1 According to the Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, the subject site is zoned "Residential Hamlet (RH)". Lands so zoned shall be used for residential and related uses. In consideration of the O.M.B. decision,. an amendment to the Zoning By -law was warranted. 7. PUBLIC MEETING AND SUBMISSION 7.1 The appropriate notice was mailed to each landowner within the prescribed distance including Mr. John Vanginhoven. 7.2 A few residents have called to request clarification on the proposed application and verbal information was given. Upon speaking to these people, the majority appeared to be in support of this application. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies were circulated: • Municipality of Clarington Public Works • Municipality of Clarington. Community Services Department • Municipality of Clarington Building Department REPORT NO.: PD -58 -94 PAGE 4 • Municipality of Clarington By -law Enforcement • Municipality of Clarington Fire Department • Durham Region Planning Department • Central Lake Ontario Conservation Authority • Ontario Hydro • Public School Board • Separate School Board • Ministry of Agriculture and Food 8.2 Comments have been received from Clarington Public Works Department, the Clarington Fire Department, the Clarington Building Department and Clarington By -law Enforcement Department, all offer no objection to the proposal. 8.3 The Northumberland Clarington Board of Education advised they have no comments at this time. 8.4 The Ministry of Agriculture & Food had no comments or objections at this time to the proposal. However, this does not constitute support on their behalf for this particular application. 9. STAFF COMMENTS 9.1 Staff have reviewed the comments received to date and are awaiting comments from the Durham Region Planning Department, Municipality of Clarington Community Services, Central Lake Ontario Conservation Authority, the Separate School Board, and Ontario Hydro. 10. CONCLUSION 10.1 As the purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted REPORT NO.: PD -58 -94 PAGE 5 and for Staff to indicate issues or areas of concern regarding the subject application, it is recommended that the application for rezoning be referred back to staff for a subsequent report pending receipt of all agencies comments subsequent to the writing of this document. Respectfully submitted, ti Franklin Wu, M.C.I.P. Director of Planning and Development SL *LT *FW *df Attachment #1 - Key Map 27 May 1994 Reviewed by, W.H. Stockwell Chief Administrative Officer JUJ Attachment DEVm 94 -015 � uu,- .-