HomeMy WebLinkAboutPD-58-99
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.- <!. ON: PD-SB-99
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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.
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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)
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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
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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
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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
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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
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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.
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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
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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
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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,
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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"
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_ OTHER LANDS OWNED BY APPLICANT
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CLARKE DEV. 98-046
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