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HomeMy WebLinkAboutPD-58-99 , . .- <!. ON: PD-SB-99 . . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Date: Monday, June 7, 1999 File # {)(Y=f . CO\" A '17,DO.q . Res. # (""PI4 -~0/1- CJCJ. Meeting: General Purpose and Administration Committee Report #: PD-58-99 FILE #: COPA 97-004; ROPA 97-006; DEV 98-046 By-law # Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, DURHAM REGION OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICANT: PETER, MATINA, JOHN AND SPERO SOTIRIADIS PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE 3211 HIGHWAY 35/115 FILE: COPA 97-004; ROPA 97-006; DEV 98-046 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-58-99 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality recommends the DENIAL of the Regional Official Plan Amendment application (ROPA 97-006), as submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, to permit a golf driving range and mini putt; 3. THAT application to amend the Clarington Official Plan, as amended, submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, to permit a golf driving range and mini putt be DENIED; 4. THAT the application as revised, to amend the Municipality of Clarington Zoning By-law 84-63, as amended, to permit a golf driving range and mini putt be APPROVED pursuant to Section 39 of the Planning Act, and that a Temporary Use By-law be forwarded for adoption upon the applicants entering into a Site Plan Agreement with the Municipality; and, 5. THAT whereas the previous Public Meeting has been held and the proposed use for Zoning By-law Amendment has not changed, it is deemed that an additional Public Meeting is not required; 6. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 699011 . . REPORT NO.: PD-58-99 PAGE 2 1. APPLICATION DETAILS 1.1. Appl icant: Barry Jones, New Castle Drafting 1.2 Owner: Peter, Matina, John and Spero Sotiriadis 1.3 Applicant's Original Proposal: To amend the Clarington Official Plan and the Comprehensive Zoning By-law the subject lands to permit the establishment of a golf driving range and mini putt; 1.4 Applicant's Revised Proposal: To permit a golf driving range and mini putt on a temporary basis. 1.5 Clarington Official Plan Designation: Prime Agricultural Area and Environmental Protection 1.6 Regional Official Plan Designation: Permanent Agricultural Reserve 1.7 Zoning: Agricultural Exception (A-1), Environmental Protection (EP) and Special Purpose Commercial (C4). 1.8 Area: 13.9 ha 1. LOCATION 1.1 The subject lands are located in Part of Lot 28, Concession 3, former Township of Clarke. The property is referred to as 3211 Highway 35/115. It is located on the east side of Highway 35/115 just north of the urban limit of Newcastle Village. (see Attachment #1) 699012 . " REPORT NO.: PD-58-99 PAGE 3 2. 2.1 2.2 2.3 3. 3.1 BACKGROUND On March 18, 1997, the Planning and Development Department received correspondence from the Region advising that they had received a Regional Official Plan Amendment Application to permit this proposed use. On April 24, 1997 an application to amend the C1arington Official Plan was submitted to permit the establishment of a golf driving range and mini putt on the subject lands. On June 25, 1998 Staff received an application to amend the Municipality's Comprehensive Zoning By-law to permit a golf driving range and a miniature golf course on the subject lands. On May 10, 1999 Staff received written confirmation from the applicant that they wish to proceed with for a temporary use rezoning only. The letter did not identify if the applicant wishes to pursue the Official Plan Amendment applications. EIXSITING AND SURROUNDING USES Existing Use: Existing residence and barn. The remai nder of the lands are vacant. 3.2 Surrounding Uses: North - Clarke High School, Pines Senior Public School and Agricultural uses South - Agricultural uses East - Agricultural uses West - Highway 35/115, Agricultural and existing Commercial uses 4. PROVINCIAL POLICY STATEMENT 4.1 In making planning decisions, Council must have regard for the Provincial Policy 699U13 , REPORT NO.: PD-58-99 PAGE 4 Statement. The Policy Statement identifies the permitted uses and activities in Prime Agricultural areas as being agricultural uses, secondary uses, and agriculture- related uses." Secondary uses are those uses which are secondary to the principal use of the property and include home occupations, home industries and uses that produce value-added agricultural products from the farm operation. The Provincial Policy Statement in Section 2.1 states HPrime Agricultural areas will be protected for agricultureH. The Policy Statement is very clear in the protection of Prime Agricultural Areas, stating that an area may be excluded from prime agricultural areas in 3 situations only. These are: i) an expansion of an urban area or rural settlement area; ii) extraction of mineral resources; and iii) limited non-residential uses provided that: a) there is a demonstrated need for additional land to be designated to accommodate the proposed use; b) there are no reasonable alternative locations which avoid prime agricu Itural areas; and c) there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 5. OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands "Permanent Agricultural Reserve". Lands so designated shall be used primarily for agricultural purposes. 5.2 Within the Clarington Official Plan, the subject lands are designated "Prime Agricultural Area" and "Environmental Protection". Lands designated "Prime Agricultural Area" shall be used for farm purposes. The goal and objectives of the 699014 , REPORT NO.: PD-58-99 PAGE 5 Agricultural policies within the Clarington Official Plan are very clear in their support of the preservation of agricultural land. The objectives include, among other things the preservation of high quality agricultural lands for farming purposes, the stewardship of agricultural lands for future generations, and direct non-farm uses to settlement areas. The Environmental Protection designation reflects the tributary located on the south portion of the lands. The proposed use will be located some distance from the tri butary. Section 23.4.4 of the Clarington Official Plan states that temporary use by-laws may be passed to permit the use of lands, buildings or structures on a temporary basis provided that: )> the proposed use is temporary in nature; )> the proposed use is compatible with adjacent existing land uses, there is minimal impact on any natural features; )> there will be no adverse impacts on traffic or transportation facilities; )> adequate access and parking are provided; )> the use can be removed and the site can be restored to its original condition; )> adequate sewage disposal and water services are available in compliance with provincial and regional standards; and )> it does not jeopardize the long term implementation of this Plan. Section 23.4.5 notes that generally, Council will not permit the extension of any temporary use by-law beyond a period of 10 years. 6. ZONING BY-LAW 6.1 The subject lands are zoned "Agricultural Exception (A-1)", "Environmental 699U15 " . ~ REPORT NO.: PD-58-99 PAGE 6 Protection (EP)" and "Special Purpose Commercial (C4)". Farm uses shall prevail on lands zoned "Agricultural Exception (A-1 )". The lands zoned "Environmental Protection (EP)" surround the Foster Creek tributary which is in the southern portion of the subject parcel. The lands zoned "Special Purpose Commercial (C4)" are situated directly adjacent to Highway 35/115. The C4 zone permits retail uses such as restaurants, fruit and vegetable outlets, garden or nursery sales and supply establishments, and motor vehicle sales. 6.2 Amendment made to the Zoning By-law provides a use with the legal right to remain on the lands. The exception is a temporary use zoning amendment which allows uses which are temporary in nature to establish for a limited time period. 7. PUBLIC PARTICIPATION 7.1 A Public Meeting was held on July 7, 1997 to address the Clarington Official Plan Amendment application (COPA 97-004). At that time, no persons objected to the application. On September 21, 1998 a second Public Meeting was held to fulfil the legislative public meeting requirements of the Planning Act for a Zoning By-law Amendment application (DEV 98-046). At this second Public Meeting, two citizens spoke in opposition to the application. One citizen expressed her concern about the loss of prime agricultural land if the site is redesignated to permit the proposed use. The second citizen was concerned with the location of an entrance on Highway 35/115. 7.2 It is Staff's opinion that although the applicant has recently revised the rezoning application to a temporary use amendment under Section 39 of the Planning Act, the proposal for a golf driving range and mini putt reflects the original proposal. Two previous public meetings have been held, a public notice sign has been installed on the property, and the citizens who spoke at the second public meeting 699016 " REPORT NO.: PD-58-99 PAGE 7 have been provided with notice of this meeting. Additional public meetings are required if there has been a substantial revision to the proposal. 8. AGENCY COMMENTS 8.1 Staff circulated the application to a number of agencies. The following agencies had no objection to the application: ~ Ontario Hydro ~ Municipality of Clarington Fire Department 8.2 The Municipality of Clarington Public Works Department has requested that further information be provided. They require information on the location of the teeing area and anyon-site berms. They also need to know the general direction of on-site drainage flow and have requested to receive verification of written permission from the Ministry of Transportation regarding the acceptability of the proposed entrance and exit. In addition, the applicant will be requested to pay 5% cash-in-lieu of parkland dedication prior to site plan approval. 8.3 The Durham Region Health Department has no objection, but note that the existing restroom facilities located at Ace Submarine can not be utilized by the golf driving range and mini putt customers. Portable restroom facilities must be provided to the satisfaction of the Health Unit. This can be further addressed during the Site Plan Approval process. 804 The Ganaraska Region Conservation Authority states that they have no objection to the principle of the development. They note that a tributary of Foster Creek exists on the site and that this area is regulated under the Fill, Construction and Alteration to Waterways Regulation. 699017 REPORT NO.: PD-58-99 PAGE 8 8.5 The Ministry of Transportation concerns with respect to access to and from the site have been resolved. The applicant will have to apply to the Ministry of Transportation for a Building/land Use Permit and Sign Perrnit. 9. STAFF COMMENTS 9.1 The designation and zoning on the subject lands reflect the fact that the lands possess good quality soils. The Canada land Inventory Classification Mapping for agricultural soils, identifies the site as being comprised of 80% Class 1 soils. Class 1 soils are recognized as the best agricultural land in Ontario. The remaining 20% of the site has Class 4 soils. Class 4 soils possess low to fair productivity and may be subject to some topographical constraints. The Class 4 soils on the site are associated with the tributary. The applicant indicated that the land has not been used for agricultural crops since the mid 1970's when a horse stable and race track were constructed on the site. The most appropriate way to determine the agricultural capability is through an Agricultural Assessment. 9.2 An Agricultural Assessment was conducted by Dale Toombs. This assessment indicates that the proposed use will not have an impact on any existing agricultural operations and that the proposal conforms with the Minirnum Distance Separation 1 forrnula. The assessment states that the proposed use will have little impact on the potential agricultural productivity of the site, noting that there will be rninimal site alteration occurring on the site. 9.3 The applicant provided sorne information to address the Provincial Policy Statement criteria regarding the establishment of a non-farm, non-residential use on Prime Agricultural lands. The owner conducted an informal survey of the patrons of his restaurant (Ace Submarine), asking if a driving range is needed. He indicated that the overwhelming response was that a driving range located on this site would be well used. The applicant justifies the location as being the only land owned by the 699CJ18 " REPORT NO.: PD-58-99 PAGE 9 applicant, and the purchase of land which is not "Prime Agricultural" is not financially feasible. Permanent removal of excellent agricultural land does not reflect good planning. Provincial Policy and the Regional and Clarington Official Plans strive to ensure that agricultural land is preserved. It is Staff's opinion that the original proposal does not satisfy any of the exemptions for which a non-residential use may be permitted on Prime Agricultural Areas. 9,6 The applicant originally applied to amend the Official Plan and Zoning By-law to legally recognize the establishment of a driving range and mini putt, This use would be permanent and would, in essence result in the removal of prime agricultural land from productivity. Staff have conferred with the applicant and note that the applicant understands why the Planning Department cannot support the redesignation and rezoning of the lands. As a result, the applicant very recently submitted a letter which indicated that they wish to revise the rezoning application, The revision to the application reflects their desire to have the application dealt with under Section 39 of the Planning Act - Temporary Uses. This section of the Planning Act allows the establishment of temporary uses on lands which otherwise would not be permitted. The applicant still wishes to establish a golf driving range and mini putt with only a temporary structure for an office and portable toilets will be erected. Only minimal site alteration will occur in the parking area. The applicant is aware that a temporary use by-law has a maximum period of three years, after which time, an application to permit the temporary use will have to be made again to permit the use to continue. 9.7 The Clarington Official Plan permits the establishment of a temporary use, subject to the use satisfying seven (7) criteria. Staff are satisfied that the use is temporary and that the lands can be easily restored to an agricultural use. The Ministry of 699019 REPORT NO.: PD-58-99 PAGE 10 Transportation is satisfied with the ingress and egress, and the Durham Health Department has noted that the use can be serviced by portable toi lets. The agricultural assessment verifies that the use will not have an impact on the surrounding agricultural uses. Lastly, Staff are satisfied that this application will not impact the preservation of agricultural land. 9.8 The applicant has submitted an application for Site Plan Approval. The proposed plan identifies an 8.6 square metre structure, which will be temporary in nature to house the office. Portable toilets are also identified. Staff recommend that screening be erected around the toilets. The mini putt is identified as being a future use. Staff will require that any works associated with the mini putt be of a nature which would not affect the agricultural capability of the site. In addition, staff will take appropriate securities to enable the restoration of the parking lot and removal of the 30 foot high fence and netting. 10. CONCLUSION 10.1 The principles of the Official Plan include the protection of agricultural lands and that growth shall be focused to the hamlets and urban areas. The redesignation of Prime Agricultural Area with good soils would be in direct contradiction to the objectives of the Durham and Clarington Official Plans. In Staff's opinion, the original application does not satisfy the intent of the Official Plan. 10.2 The revised rezoning application proposes that the golf driving range and mini putt be established on a temporary basis. A temporary use rezoning will ensure that the use does not remove prime agricultural land from productivity permanently. A very minimal amount of work or expense will be required to re-establish agricultural uses on the lands. 699020 REPORT NO.:PD-58-99 PAGE 11 10.3 Staff are satisfied that the revised application satisfies the intent of the Official Plan and staff recommend that a temporary use by-law be forwarded for Council adoption upon the applicant entering into a site plan agreement with the Municipality. Reviewed by, cJ V~~ Da i Crom, M.C.I.P., R.P.P. Acting Director of Planning & Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. HB*DC*df 20 May 1999 Attachment #1 - Key Map Attachment #2 - Proposed Site Plan Interested parties to be notified of Council and Committee's decision: ATTACHMENT" .. _ SUBJECT SITE _ OTHER LANDS OWNED BY APPLICANT ~ LOT 29 LOT 28 LOT 27 u I I I II If j , , I I r--1 I CONCESSION ROAD 3 CLARKE DEV. 98-046 KEY MAP COPA 97-004 699uL2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I to Z o (f) (f) W <-) Z o <-) I . , I I I f--~----~L - - -- - -- I I I I I I I ~ ~ I '" I ~~I z'<il ~~.. l .~ l~ , , ~~, ~,1 'c:.'~ " I NO A<XL<SS, !!2 " ~ .g >- ~ ~ :t ,,,> ~ S( ~ '" l N 1"-Z5"" [0.00 ~ " . l l , .' i >J7z.~'!JdE-~.~ NF':;.j.'. E-=~ (2/<"- i , , 'l -'I. " , NI-~.A5Xh. A-Z"-+ , . "",-d~ , /'~",\-2).",.dF1~,'D'<:: " _ ','~J:F~,r'''~'' .,"" d'~ .....'" 1>WP <:>fWAY p"'.~7 ," ,--..'r-----l -r.:lr'~ " -~tl<-~.......;re_ .. , c " -~ t '-L D~'.".<' ,,~.'~ w..E.LU,Y, T''''-~ 2. 2 N7.<>~~,", r 7 .;..~S ____ ~A"~.""'::,,, "2~."'~. LOT 28 EA~T'''''' ~ctjC..<:>L~ , ' N7Zo~oooE... -:<-84.30 j I :20,00 =.00 (=d H~," ~i"'~*11 ;;Or'" HI,;H ;:E>Ja>.~ I"'C"<: I Cj,^~"~ Oi'JVIN~ E.....N4~ (3<:0/~~) ~ CP<"5'=-_ w" " . , l ~, , ~ .~"..... ""~ ,.....' f~>.4'.-7c..',.~ ",,,i-f_p....TI'OO1S j' "I.S"'''''~<O<N(..SiM.., . 4\.'..C&24....4. e:.,~...~:~~~_ "",t;:f;."ti. 6p~' ..C'" W <<,2,,1..... ,j, "' " + ^" N~W -'iELS ~. ~.i.r """:f;-"..{.<a'i!..~.}&:U'rl) 5D,^.., .j~L,~...--IC- ~ """""'~ -,"~ . 1,':-7,'!- '.............v. *'r --'t~ ~e<<-' ~<V ' n.,I, ~.tr~,.f . ~ y J.~", 1....,~J..;~~,:,""',~T1'.LI ,,~ ,~~ ;~~f>"'. ATTACHMENT 2 / d I !\J ;/ W ~ a: <C ..J 0 ~ ~ ('I) , S Z c , 0 , - en en w 0 z 0 0 ,~..-;~~. DEV.98-046 /~ e>>-'_~~ ..-/ _/~/'-// J---- .,~'~_. '~'__, ." ",,,df-- "-. ~.~ ...-<,/ -"JrJ ,;>A' ' 211';~ ____? lir'.... _~?- ~,i , COPA.97-004 699u('3