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Home My WebLink AboutPD-76-99 ~' s.' DN: PD-76-99 4 Meeti ng: Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File i])/1 2fj1799-o/~ Res. #a/I! -"3't 7-91 By-law #99- /o.~ Monday, July 5,1999 PD-76-99 FILE #: ZBA 99-015 REZONING APPLICATION APPLICANT: GREEN-MARTIN PROPERTIES LTD. PART LOT 17, CONCESSIONS 1 & 2, FORMER TWP. OF DARLINGTON 2310 HIGHWAY 2, BOWMANVILLE FILE: ZBA 99-015 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. 3. 4. THAT Report PD-76-99 be received; THAT the Amendment to Zoning By-law 84-63, as per Attachment No.3 to this Report, to permit the continued use of the subject property for a Golf Driving Range on a temporary basis for a period of up to three years, be APPROVED; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 APPLICATION DETAILS Owners: Green-Martin Properties Ltd. (same as owners) from "Agricultural (A)" (north portion) and "Highway Commercial (C-8)" (south portion) to "Agricultural Exception (A-61)" to permit the continued use of a golf driving range on a temporary basis for a period of up to three (3) years. 1.2 Agent: 1.3 Zoning: 1.4 Area: 7.1 hectares (17.5 acres) subject to rezoning, within a 36 hectare (89 acre) property. 636 > REPORT NO.: PD-76-99 PAGE 2 1.5 Location: The subject lands are located north of Highway 2 and a short distance west of Green Road. The municipal street address is 2310 Highway 2, Bowmanville. The lands are located in Part Lot 17, Concessions 1 and 2, former Township of Darlington (see Attachment No.1). 2. BACKGROUND 2.1 On April 12, 1999, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the continued use of a golf driving range on a temporary basis for a period of up to three (3) years. The previous temporary use by-law expired on December 12, 1998. This application is for a new temporary use by-law that would permit the continuation of the use allowed under the previous temporary use by-law. 2.2 A Public Meeting for the rezoning application was held on June 7, 1999. The agent for the property owners, Mr. Kelvin Whalen, spoke, saying he concurred with the staff report. 3. EXISTING AND SURROUNDING USES 3.1 The site is currently being used as a golf driving range on a temporary basis. 3.2 The surrounding land uses are as follows: North - Agricultural and Vacant South - Urban Residential, including single detached, semi/link and street townhouse dwellings; East Rural Residential and Agricultural West - Rural Residential and Hamlet Residential 637 REPORT NO.: PD-76-99 PAGE 3 4. OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area within the Bowmanville Urban Area. In the above Plan "certain public and recreational uses which are compatible with their surroundings" may be permitted in Living Areas. The driving range is only a temporary use and will not preclude the future development of more typical Living Area uses such as housing. The application conforms. 4.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential and Highway Commercial subject to rezoning, Special Policy Area H. In the north portion of the area subject to rezoning, there is a neighbourhood park symbol. The temporary nature of the driving range ensures that all of the above policies and uses can be implemented in the future. The application conforms. 5. ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part (north portion): "Agricultural (A)" and in part (south portion): "Highway Commercial (C-8)". The application does not conform, hence this rezoning application. 6. AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies and other departments by the Planning and Development Department. The Clarington Public Works Department, Engineering Division, the Regional Health Department and Ontario Hydro had no objection and the Clarington Fire Department had no fire safety concerns. The Regional Planning Department has stated the proposal would appear to be permitted by the policies of the Durham Plan and that the application, in light of delegated provincial plan review responsibilities transferred to date is acceptable in that no provincial interests would appear to be affected. 638 REPORT NO.: PD-76-99 PAGE 4 7. STAFF COMMENTS 7.1 The temporary nature of the driving range ensures that all of the above policies and uses can be implemented in the future. 7.2 It is noted that the site plan agreement, approved under the previous Temporary Use By-law, remains in effect. 8. CONCLUSION 8.1 In consideration of the receipt of all agency comments, the fact that no objections or concerns have been raised by surrounding residents, and the temporary nature of the application, Staff recommend that the rezoning application to rezone the subject lands from "Agricultural (A)" and "Highway Commercial (C-8)" to "Agricultural Exception (A-61)" to permit the continued use of the subject property for a Golf Driving Range on a temporary basis for a period of up to three (3) years be APPROVED. Respectfully submitted, Reviewed by, d V'~:::;~ Davi Crome, M.C.I.P., R.P.P. Director of Planning & Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. BR*L T*DC*df 16 June 1999 Attachment No. 1 - Site Location Key Map Attachment No.2 - Site Plan Attachment No.3 - Zoning By-law Amendment 639 REPORT NO.: PD-76-99 PAGE 5 Interested parties to be notified of Council and Committee's decision: Mr. Kelvin Whalen, P. Eng. Vice-President, land Development The Kaitlin Group ltd. 1029 McNicoll Avenue SCARBOROUGH, Ontario M1W 3W6 640 ATTACHMENT'1 _ SUBJECT SITE OTHER LOT 17 LANDS OWNED BY APPLICANT LOT 16 LOT 15 \ \ ~\ '. I I ) ) I --f I / i-" \ ! / I '. I / \, ;, " I'- It) ~ C\I Z o en en w u z o u I 0 I ,------ , " ,------ "l lJJ '. L_~ ~'C \ ( I l ~r~ ~,-"\ [ ~~I ~ I T ~ 2 . , . Z o U () BOWMANVILLE KEY MAP ZBA. 99-015 0'+1 ATTACHMENT' 2 ," \ \ '. ~ AORle!..". ,uFo r..:; '. ". ~ .""..",. Q, , C' . ORCHARD . I " \ . ./ '- I / I . , , I \ 1 ," /~~ .'';'~' / '. \ ~ ~, :' ~'>< ') i~, (/ ~'( - ;.:: ) , "--- -- ~ ' ':.T~ + ----....... ~I"C&Ta_.. -"~~~, \ __I ., ~~NG' ~ \ ' ~T'fo.O =AT F'lE.LO-1 ~'a~ ~TII..L . ~~~...-~~ CI"I.OI'4'~ ~~~TOIIC MTTc,.owo.(' :...~~~~'O""'~. - :lO"l'o......,~...tO~I.~~.. ) .. ......:.....- '0 '. ~. I,IN~:"" AV'tKING LOT 0.,.," NTO .... ~ '" "- '-.. ~~~ ~~ ~'d,;II:.-==,- ""-OOOI'Q"~ '0" ~ __'80__ #OEOi,.(.TTVIII ClariA """"" ORIV.ltt.......rrr NO RANGE ~><~~_TI. T......:' -,.,.........rn; S<TE: A....:....... 8 LAN:)S- ,-A~,/'.;G ,.too n_ I tU tUo ~~~ r-L- ..~;:",::,T MATERIAl,... A -....- .,..;;0.... -,=,-" ~. .........:::- " : =7~~ ~.'~' ~;jI 00.-'" ~~ ' ~~ ~ ~~ WEST DE;IIE.~LLE. OCL~ ~ MENT"'S SITE: p.~ RN--GE Mj= -.;-'- =~_:::" ".."':.=' .';:::::-~-=:'-:'N. ., 810N OETAl"" NT. \KrJ ~ ~",N""O" 0'+2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99 - ATTACHMENT /I 3 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 Corporation of the former Town of Newcastle to implement ZBA 99-015; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding thereto, the following new Special Exception 6.4.61 as follows: "6.4.61 AGRICULTURAL EXCEPTION (A-61) ZONE" Notwithstanding Section 6.1 and 6.3, those lands zoned A-61 on the Schedules to this By-law shall be used for a golf driving range. For the purposes of this section, a Golf Driving Range is defined as a public or private area operated for the purpose of developing golfing techniques but excludes golf courses. Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three (3) years, ending July 5'", 2002, subject to the following zone regulations: a) Lot Area (minimum) 7 ha 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: . "Agricultural (A)" and "Highway Commercial (C-8)" to "Agricultural Exception (A- 61)" as illustrated on the attached Schedule "^" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act. BY-LAW read a first time this day of 1999. BY-LAW read a second time this day of 1999. BY-LAW read a third time and finally passed this day of 1999. MAYOR CLERK 0'+3 , . This is Schedule"A" to By-law 99- , passed this day of . 1999 A.D. -'S?G! >Y~.-'- N80'Z6'05"W 121.531 ~ .? I N79'3Z'50''W 71.208 ~ I I N85'27'18''W 27.703 ~ I t I N88'45'47"W 37,399 ~ mZONING CHANGE FROM "A" TO "A-51" ~ZONING CHANGE FROM "(H)CS" TO "A-51" LOT 18 LOT 17 N73'32'00"E 218.072 N18'07'ZO"W 30.262 Mayor Clerk LOT 17 LOT 16 LOT 15 ~ , . , LL. ~ -'rl )! = -"[r\~ :----- \ ----- o - " BOWMANVILLE ---1 --~: _ _.r~-~ - "'-, r= '_1"-__ ~----f--I 044 (II z o in en w o z o o ,.. z o o z o Iii <Jl W () Z o () :i o () t