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Home My WebLink AboutPD-125-99 , " ~ DN: P125-99 ", THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File#~tf-dol Res. #&Pft-C!;) ~ -q 9 Date: Monday, November 15,1999 Report #: PD-125-99 FILE #: COPA 98-001; DEV 94-061 By-law # Subject: CLARlNGTON OFFICIAL PLAN AMENDMENT AND 'REZONING APPLICATION - APPLICANT: TUNNEY PLANNING ON BEHALF OF CROOKED CREEK GOLF COURSE LTD. PART LOT 3, CONCESSION 4, FORMER TWP. OF DARLINGTON 3033 REGIONAL ROAD 4 FILE NOS.: COPA 98-001; DEV 94-061 (X-REF: ROPA 95-006) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-125-99 be received; 2. THAT the applications to amend the Clarington Official Plan and the Zoning By-law submitted by Tunney Planning on behalf of Crooked Creek Golf Course Ltd., be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Tunney Planning 1.2 Owner: Crooked Creek Golf Course Ltd., 1.3 Official Plan Amendment Applications: Clarington Official Plan Amendment (COPA 98-001) - The lands are designated "Green Space" and "Environmental Protection". The applicant wishes to amend the Official Plan to permit the establishment of a golf course on the subject lands. Related Regional Official Plan Amendment (OPA 95-006) - The lands are designated Major Open Space with an indication of Environmentally Sensitive Area in the Durham Region Official Plan. The applicant has applied to amend the Region's Official Plan to permit a golf course on the subject lands. . 610 . REPORT NO.: PD-125-99 PAGE 2 1.4 Rezoning Application: The applicant wishes to amend the Municipality's Comprehensive Zoning By-law 84-63, as amended, to permit a 9 hole golf course, club house and maintenance building. 1.5 Site Area: 41.96 ha 2. LOCATION The subject lands are located in Part of Lot 3, Concession 4, former Township of Darlington (see Attachment No.1). The Municipal address is 3033 Regional Road #4 (Taunton Road). The land holdings subject to this application total 41.96 ha (103.68 acres). 3. BACKGROUND A rezoning application (DEV 94-061) was received on November 29, 1994 for an 18 hole golf course. A public meeting was held on January 23, 1995. At the time, the Municipality's Official Plan did not include land use designations for the rural areas. Subsequent to receipt of the rezoning application, an application was received on March 21, 1995 to amend the Durham Region Official Plan (OPA 95-006). Under the regulations contained within the previous Planning Act the public meeting is to be held when a recommendation report is to be forwarded for consideration by Council. An application to amend the Municipality's Official Plan was received on January 6, 1998 (COPA 98-001). A public meeting has not yet been held for this application. The public meeting held today meets the legislative requirements for both the applications to amend the municipal Official Plan and the Zoning By-law. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Site Characteristics The soils on the subject lands are very sandy. The site is relatively flat and the flat areas are currently being used for cash crops. The site is also subject to a number of environmental features (Attachment No.2). The Soper Creek crosses the northwest comer of the site. Here 611 REPORT NO.: PD-125-99 PAGE 3 the Soper Creek Valley is very deep and the valley walls are steep. Active erosion is occurring along the top of this valley. At the south end of the site is a tributary of the Soper Creek. This valley is also very deep and has steep valley walls. Both of these features have been identified as a Provincially Significant Life Science ANSI, and the applicant no longer proposes to introduce the golf course use on these lands. The subject site is also bisected by a tributary and pond which flows into the Soper Creek tributary. This valley and pond are not as deeply incised as the Soper Creek Valley or the tributary valley. This feature has not been identified as part of the Provincially Significant Life Science ANSI. Water from a tributary located in Lot 2, drains into this pond. The outlet from the pond drains into a very deep valley which is at this point part of the Provincially Significant Life Science ANSI. 4.2 Su"ounding Uses The surrounding uses of the site are as follows: East - Agricultura1lands and a rural residential dwelling North - Forested areas and agricultura1land West - Forested lands, Soper Creek valley and related tributaries owned by the Central Lake Ontario Conservation Authority. South - Forested and valley lands identified as Provincially Significant Life Science and Earth Science ANSIs. 5. OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan Within the Durham Region Official Plan the subject lands are designated "Major Open Space" with indications of environmentally sensitive features. The predominant use of lands within the Major Open Space designation shall be conservation, recreation, reforestation and agricultural uses. Section 14.3.2 of the Official Plan states that "the establishment of golf courses shall require an amendment to this Plan". The Region's Official Plan identifies 6 criteria in Section 12.3.4 that must be satisfied in order to consider a golf course application. 612 REPORT NO.: PD-125-99 PAGE 4 The Durham Region Official Plan also requires an Environmental Impact Study (BIS) to be completed prior to the consideration of a development application in proximity to environmentally sensitive features. The EIS shall identifY the natural features and functions, the sensitivity of the features and functions, and recommend mitigation methods that will protect the surrounding environment from the development. 5.2 Clarington Official Plan The subject lands are designated "Green Space" and "Environmental Protection Area" in the Clarington Official Plan. Lands designated "Green Space" shall be used primarily for conservation and active or passive recreational uses. Agricultural uses are also permitted. Section 14.5.1 states that "Golf courses may be pennitted by amendment to Section 18.6 of this Plan in itccordance with Section 13.3.4 (c) to (g)". Lands designated "Environmental Protection Areas" have been identified as those areas possessing "the most significant components of the Municipality's natural environment". No development is pennitted within an Environmental Protection Area "except passive recreational uses and uses related to erosion control and storm water management". The extent of the Environmental Protection Area shall be identified, in consultation with the Conservation Authority, through the EIS process. The setback for the natural features shall be determined based on the sensitivity of the natural feature and will not be less than 5 metres in width. 6. ZONING BY-LAW CONFORMITY The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". Lands zoned "Agricultural" shall be used primarily for agricultural and farm-related uses. Lands zoned "Environmental Protection" shall be used for forestry, conservation, and uses which provide for the preservation of the natural environmental. A golf course is currently a pennitted use within the "Environmental Protection" zone. 613 REPORT NO.: PD-125-99 PAGE S 7. PUBLIC NOTICE AND SUBMISSIONS Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. As of the writing of this report, no written submissions have been received At the previous public meeting concern was raised regarding protection of the environment and protection of agricultural lands. In particular, the use of herbicides and pesticides and the impact these chemicals will have on the environment are of concern. A question was also raised regarding the amount of water that the golf course will use. Surrounding fanns cultivate tobacco and tobacco requires a tremendous amount of water for its growth and development. It is important that the development of the golf course has no impact on the availability of water for irrigation of the surrounding tobacco crops. 8. AGENCY COMMENTS The current application was circulated to the following agencies for their comments: Clarington Public Works Department Clarington Fire Department Durham Region Planning Department Durham Region Works Department Durham Region Health Department Central Lake Ontario Conservation Authority Ministry ofNatura1 Resources Comments on this new proposal have yet been received from any of the agencies. 9. COMMENTS 9.1 Revisions to Proposal Since 1994 the applicant has amended the application numerous times. The original application was for 18 holes on 56 hectares ofland. The applicant has realized that the golf course cannot be located within the Provincially Significant Life and Earth Science ANSI and has amended the proposal accordingly. The applicant acquired the unopened road allowance from the Municipality and has incorporated these lands within the proposal. 614 , REPORT NO.: PD-12S-99 PAGE 6 9.2 Consultants Studies The applicant hired a consultant to conduct an Environmental Impact Study on the original proposal. In addition to the vegetative and wildlife component of the EIS, a hydrogeologic assessment and a turf management report were also conducted. The Region has hired a consultant to conduct a peer review of the EIS in accordance with the Regional Official Plan. The peer review of the EIS concluded that further work is needed. The EIS consultant hired by the applicant is currently completing this work. The application has been revised to exclude the golf course from the lands identified as Provincially Significant Life and Earth Science ANSI. However the proposed golf course lies adjacent to the ANSI lands. The Provincial Policy Statement requires that development located within 50 metres of Provincially Significant ANSIs shall not have a negative impact on the natural features or the ecological function of the ANSI. An EIS will address this issue. 9.3 Dedication of Land The Conservation Authority has requested that the applicant dedicate gratuitously all the Life Science ANSI lands to the Conservation Authority as hazard lands. 9.4 Application to Remove Trees An application has been made to the Region ofDurl1am to remove trees from land located south of the subject lands. These lands were part of the original application. It is recommended that the applicant withdraw this application to remove trees as these lands are no longer included in the proposal. 10. CONCLUSION 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 issues or areas of concern regarding the subj ect application to be 615 REPORT NO.: PD-125-99 PAGE 7 identified. It is recommended the application be referred back for further processing. Upon resolution of the above issues and receipt of all outstanding comments and required revisions, a subsequent report wiJl be prepared. Respectfully submitted, Recommended for presentation to the Committee f a/dUJ . Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Da' Crome, M.C.I.P., R.P.P. Director of Planning and Development HB* BN*DJC* jip Attachment No. I - Key Map Attachment No.2 - Site Characteristics Attachment No.3 - Site Plan November 4, 1999 Interested parties to be notified of Council and Committee's decision: ATTACHMENT NO.1 _ SUBJECT SITE Il@llml@i@/ OTHER LANDS OWNED BY APPLICANT LOT 4 LOT 3 LOT 2 LOT 1 TAljJ TON ROAD 4 I I i I i I I l. II 1 I " i I LJ1 I I ~ I : I I I I I : I . , , , i I II 1 I I, Lc ==== rani '" '0 C ~ 00 ;~I___~i -' .0 C'O V Q> v,", 1: g; i I Q> C I rn 8 I I Q> 0'0 C C 00 ~ 0'0 V <( ~ o i;o Cl <( a:::: w z .....J Iz 3: ~ 'o::t CE$JON ROAD , I i ~ ~. w ~ a:::: .1 :5 1 () I I I Z , 0 ~ i C) I Z I .....J a:::: I <( 1 Cl 41 z o (f) (f) w () z o () :..I!::I.::I~:I1II1I:1Ill.lll':'I"I:::l.Il~ : ~ :~:/!!!:;:;::::::!:::::::::;::J.:!::i:~:::);:(!1 I IIS""~ ....................................! / t.J ..................................... I I I 'f./~,.,S ........:.:.:.::::::::~:~:::::i:;m~:r:::~:::::::::i: I I I 'v. 4111.. .......,.:.::::::~:::.: 1 : : I.. I?O-4D 1 I II I I I I 1 f-- I I i I. ! . I I I __J L ---11 1 I I I I I DARLINGTON KEY MAP DEV.94-061 ROPA 95-006 COPA 98-001 I 617 ATTACHMENT NO.2 TAUNTON ROAD. "". I ~-=" -'::'~-t ~ Soper Creek L:;j EARTH SCIENCE ANSI ~ LIFE SCIENCE ANSI ~ SUBJECT SITE sr".oIt,,11I. ;s'4fI.(<-'i'O '4D 618 619 LEGEND ~I CROOKED CREEK GOLF COURSE Respon.... to the NEA. INC PCeT Rcvi.,-wofthc EIS. w.o:l ~ Nlpro>imaleLimil of ANSI Mapplng (QMNR) 30 mSetback (Sopar Valley Life ScienceANSI) [8l Ap,m<<imaleLimtt01 High SensilMly ESAMapping(CLOGA) 15 m Setback High SensitMtjI ESAN8lle~ands WatercourselPontls ,~ _Green _Fairway PG PracbceG'een -+-- SubjectPrnperty ~ Crooked Creek Go~ CoUfSe Master Planprepcred by Kevin Holmes & Associates. The MaslerPlanis COi1CE1plual;tee, green, and fairway siling (I1d sizing is to be wnfirmed through the S~ePlanning Process CROOKED CREEK GOLF COURSE I>1ASTERPIAN Sha.kwlanJ In association with Kevin Holmes & Associates wd LGL Limited Project TA2357 FIGURE 1 Date Au9~~:g No>$tlber1999 Prep"redBy CJA Checked8y:JRN 1:3,200 ~~ ATTACHMENT NO.3