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).
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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
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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
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Attachment #1 - Key Map
27 May 1994
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
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Attachment
DEVm 94 -015
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