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HomeMy WebLinkAboutPD-124-95 DN DEV95072GPJHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #�� TS U A`_� Date- Monday, November 20, 1995 Res. # — ° ct 5 Report #: PD-1 p4-95 File #: DEV 95-072 By-law # Subject. REZONING APPLICATION-GANARASKA REGION CONSERVATION AUTHORITY PART LOT 31 & 32, NORTH HALF OF CONCESSION 3, FORMER TOWNSHIP OF CLARKE, SOUTH OF CONCESSION ROAD 4 BETWEEN POLLARD AND LOCKHART ROADS - FILE: DEV 95-072 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-124-95 be received; 2 THAT rezoning application DEV 95-072 submitted by Ganaraska Region Conservation Authority to change the zoning of the lands to "Environmental Protection (EP)" in their entirety be APPROVED; 3. THAT the amending by-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending by-law be forwarded to the Region of Durham Planning Department; 5. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and 6. 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. Applicant: Ganaraska Region Conservation Authority 12 Owner: Ganaraska Region Conservation Authority 1.3 Rezoning: from Agricultural Exception (A-1) to Environmental Protection (EP) to provide for the protection of the flood plain, wildlife, the park and open space 1 4 Area, 18.8 hectares 2 5 REPORT NO. PD-124-95 PAGE 2 2. LOCATION 2.1 The subject lands are referred to as Thurne Parks Conservation Area. The lands are located in Part of Lots 31 and 32 in the northerly half of Concession 3 in the former Township of Clarke. The north boundary of the property abuts Concession Road 4 West of the lands is Pollard Road and east is Lockhart Road, 3 BACKGROUND 3.1 On October 2, 1995, the Planning Department received from the Ganaraska Region Conservation Authority an application to amend the Comprehensive Zoning By-law 84- 63, as amended, of the former Town of Newcastle. The Conservation Authority has requested that the Municipality consider rezoning their entire land holdings to Environmental Protection (EP) from Agricultural Exception (A-1). 4 EXISTING AND SURROUNDING USES 4.1 The Wilmot Creek runs through the site and the lands are forested and wet in areas The lands are currently used for passive recreational purposes such as fishing. As such, informal trails have been created through the site in order to access different locations along the creek There is a small parking area at the north west limits of the site. The area surrounding the site possesses a mix of rural residential and agricultural uses. 5 OFFICIAL PLAN POLICIES 5.1 The current Official Plan for the former Town of Newcastle, does not provide land use designations for the Municipality's rural areas. Reference is made to the Durham Region Official Plan in order to ascertain a land use designation for this site. According to this document, the lands are designated Permanent Agricultural Reserve and Major Open Space having indications of Environmental Sensitive areas. 52 The intent of the Durham Region Official Plan is to protect valley systems for their natural and scenic features, their roles as predominant landscape elements and any recreational opportunities they may facilitate. .. .3 502 REPORT NO. PD-124-95 PAGE 3 Section 2.3.15 of the Regional Plan states that the general locations of environmentally sensitive areas are indicated on Map A and that these areas shall be detailed in the area municipal official plans and or zoning by-laws. 5.3 The Conservation Authority, in their comments to the Municipality's draft Official Plan requested that their land holdings be identified as Green Space. This request was honoured and can be seen in our Recommended Official Plan, 6 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned in part "Agricultural Exception (A-1)" and in part "Environmental Protection (EP)". The lands currently possessing the "Environmental Protection" zone are generally located along the creek valley and within the flood plain Lands possessing the "Agricultural Exception" zone are situated on table lands, along either side of the creek valley. 6.2 The applicant has requested that the entire land holdings be zoned "Environmental Protection". By changing the zone from "Agricultural Exception" to "Environmental Protection" the restrictions on uses and construction of structures is substantial Within the "Environmental Protection" zone, only structures associated with flood and erosion control may be permitted to be built, and land use is generally limited to conservation, forestation, bird sanctuaries, wildlife reserves and farms exclusive of buildings. Parking areas are also permitted within the "EP" zone provided approval has been received from the Conservation Authority. 7 PUBLIC MEETING AND SUBMISSION 7.1 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. 4 503 REPORT NO. PD-124-95 PAGE 4 7.2 Two people have enquired about the application. One caller wanted to clarify where the lands are located and the purpose of the application. The second caller hoped that this rezoning would not result in any changes to the park. 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 in providing comments, offered no objection to the application as filed- Municipality of Clarington Public Works Department Municipality of Clarington Fire Department Municipality of Clarington Community Services Department Ministry of Agriculture and Food 8.2 Comments remain outstanding from; Durham Region Planning Department Ministry of Natural Resources 9 STAFF COMMENTS 9.1 By changing the zone from "Agriculture Exception" to "Environmental Protection", the number of uses permitted are reduced and the amount of land on which structures are not permitted is increased. The Conservation Authority has stated that they wish to keep the land as open space and park area 92 Staff have prepared a by-law to zone the entire land holdings "Environmental Protection (EP)". Planning Staff have no objections to this proposal as it does not offend the Durham Region Official Plan and it will ensure the land will be kept for conservation purposes. 5 504 REPORT NO. PD-124-95 PAGE 5 10 CONCLUSION 10.1 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 and for Staff to indicate issues or areas of concern regarding the subject application. There have been no objections received and the application is in conformity with the Durham Region Official Plan. As such, Staff recommend the attached zoning by-law be approved by Council. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer HB*FW*cc Attachment #1 - Key Map Attachment #2 - Site Plan Attachment #3 - Zoning By-law & Schedule November 8, 1995 Interested parties to be notified of Council and Committee's decision: Ganaraska Region Conservation Authority Box 328 Port Hope, Ontario L1 A 3W4 505 ATTACHMENT �1 SUBJECT SITE 33 32 -31 30 1 CONC SSION � Fq�pa�H cf) Q Q z 0 0 o � C/) � w g � v 0 o z � � J 0 U CONCESSION AD 3 s OURKE mlymP DEV. 95 - 072 506 ATTACHMENT ,#`2 U IF— inµ W1Ab 1_lM17Eb A1EED pAR}CIIJG� To 'TAKE MAlapOw GRlbet 710, 3720 Jr W c.oNc'SsloN P� 3 S �6°0 X 'A �0�0 x At y' FLEA, �a C�CbD ,eCGHSS � AEEQ A / s / ! See Oey ail x Sl LY \ �R '3 nb I 1 O TV GROSS � \\ STR x *' I °� E \ h! 05 340 W 1 L xx •� 5 -t s N 0 x KBD A I l K 0Jf23 I� i ( D / X—% /\ Scale,lc,.100 It �p e2 ° Detail E�IT tem.l2m PQIVA7E Ld?JD map 3 <Te sIL r�nssr+�tSr E EXISTING SITE / RESOURCE F K TQAIALS -'' SYNTHESIS 1-y Y PIAELINE EACaEME1JT ��A k 353y FLOob LINE 0 VErgETATIoQ cLEA21Q*lS A-S © G G A, EIZR. VECAF-TATIC4J I AREAS of Ar-'f I ua E1z0s1 o1J .. .. ..2_.c_..l.al,:L:.YS.�•uxs _suW• •�•�•,•,r k��7i� 3 4 RIGHT cc-WAY PQoBLEM IF UsEb 0 3510 X O K I 350 ! Thurne Parks P Conservation 1'348 34 0 5 5 Area K I 45 0 Scale: ,m =loon -� � / J 0 100 200 400 07'* % lem=2,m >_f� 0 2a 40 °5 I 5 ' 1 7 T THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- 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 95-072. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception(A-1)" to "Environmental Protection(EP)"Zone as shown on Schedule "A" attached 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 1995. BY-LAW read a second time this day of 1995. BY-LAW read a third time and finally passed this day of 1995. MAYOR CLERK i This is Schedule "A" to By—law 95— , passed this day of 1995 A.D. CONCESS ION ROAD 4 N73 3'40'E N72 14'10'E 8793 11585 1 3 N W ANGLE LOT 32, CON 3 h 3 Z b N N N 80 � = N Q _ 5 CON= ION 3 O ^ (V z N Q N7108 '10" N v �b O 9894 N6725'10"E mM 3 1219 N7153'10"E� 14590 704 29483 N7155'4 0"E a0 z J309 68 N71 55'40"E 3 —3 N1813'o'w 2682 �� Nb ® ZONING CHANGE FROM N71 26'40"E �a � "A-1" TO "EP" r� 7225 z N6441'40"E — —z 3 3 .o e z z 120105 N740'0"E LOT J21 LOT 31 0 100 200 300 m Mayor too m Clerk 33 32-31 30 CON, JFCAQLA o °a z o O o W Lv � � U 0 o z O 4 0 CLARKE CONCE SIGN k D 3 509