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Home My WebLink AboutPD-88-94THE CORPORATION OF THE MUNICIPALITY OF CARRINGTON Subject: REZONING APPLICATION MUNICIPALITY OF CLARINGTON PART LOT 18, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 94 -015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 88 -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 APPROVED; 3. THAT the amending by -law attached hereto be forwarded to Council for approval; and 4. THAT the 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 51 former Township of Darlington. The lands are located north of Hampton and east of Perry Avenue. (see attachment #1). J42 1A I F _PER RECYCLE �� THIS4 PRIMED OR RECYCLED PAPER 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 Igo. 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 Hamlet Zone on Mr. Vanginhoven's property is no longer appropriate and not in conformity with the Official Plan, therefore should be amended to "Agricultural Exception (A -1)" Zone. 4. EXISTING AND SURROUNDING 4.1 Existing Uses: Pasture 4.2 Surrounding Uses: East West South North USES - agricultural - residential - residential - agricultural If -Y REPORT NO.: PD -88 -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 Strategic Planning • Municipality of Clarington Public Works • Municipality of Clarington Community Services Department • Municipality of Clarington Building Department 44 REPORT NO.: PD -88 -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 Community Services Department, the Clarington Fire Department, the Clarington Building Department, Clarington By -law Enforcement Department, Regional Health Department, the P.V.N.0 Separate School Board, and the Central Lake Ontario Conservation Authority, and all offer no objection. 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. 8.5 The Region of Durham Planning Department support the proposal. 9. STAFF COMMENTS 9.1 The application proposes to amend the zoning by -law in order to bring the zoning by -law into conformity with the amended Official Plan for the Municipality of Clarington. 9.2 The "Agricultural Exception (A -1)" zone permits a variety of uses such as, a single detached dwelling, existing cemeteries J`�J REPORT NO.: PD-88-94 PAGE 5 and places of worship, conservation and forestry, a farm, and a private kennel accessory to a permitted use. These uses are in conformity with the Durham Region Official Plan and are similar to existing uses in the surrounding agriculturally zoned area. 10. CONCLUSION 10.1 In consideration of the comments contained within this report and the decision of the Ontario Municipal Board approving the exclusion of these lands from the hamlet boundary, staff would have no objection to the approval of the attached zoning by- law amendment. The amending zoning by -law would provide the appropriate zone category to reflect the Durham Region Official Plan designation and the Ontario Municipal Board approved hamlet boundary. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development SL *LT *FW *df Attach. 6 July 1994 Reviewed by, W.H. Stockwell Chief Administrative Officer ")46 1 0 � 1W � DN: RH- A1.BYL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to implement DEV 94 -015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "7" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Residential Hamlet (RH)" to "Agricultural Exception (A -1) ". as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By -law. 3. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of BY -LAW read a second time this day of BY -LAW read a third time and finally passed this day of /� .1` b 1994. 1994. 1994. MAYOR CLERK This is Schedule to By—law • passed this day of 199.4 A. D. LOT 18 LOT 17 f--( 250.98 T m - -- N �_ -- - - -� 79 f N N Z O \ N CID U) U) \ \ \ N Lli U O ® ZONING CHANGE FROM' RH' TO'A-1' 0 50 IOom F16PIFOP '11"111 Mayor 50 0 Clerk LOT 19 LOT 18 LOT 17 CONCESSION ROAD 6 o Ad I l o I A "1 EP I v L0I I I o J li0 I- I� Z DI W Z I W N I I �� Ld, �,p5 R I L I= 01 I� ;o A-1 A-1 O N SZ i I SUMP o a i it C3 RH RH HAMPTON O 50 100 200 300. �® � _; y;