HomeMy WebLinkAboutPSD-098-08Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, October 6, 2008
Report #: PSD-098-08 File #: ZBA 2006-0018
~~I~r~;pn~~~A- 53~-Q~
By-law #: m?oo~ /6~
Subject: REZONING TO PERMIT AN INDOOR GOLF DRIVING. RANGE AND CLUB
HOUSE AS PERMITTED USES AT 2735 HANCOCK ROAD, COURTICE
APPLICANT: GERTRUD TOMINA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-09$-08 be received;
2. THAT the application for Zoning By-law amendment submitted by Gertrud Tomina be
APPROVED as contained in Attachment 2;
THAT the Holding symbol (H) be removed at such time as the owner has entered into a
site plan agreement with the Municipality; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
LB/COS/sh
September 30, 2008
Reviewed by ~•~"' -- ""'~--''`~~ ~,
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE S1IREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
Director of Planning Services
REPORT NO.: PSD-098-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 ApplicanUOwner: Gertrud Tomina
1.2 Proposal: To rezone the subject property from the "Agricultural
Exception (A-76)" zone to an appropriate zone to permit an
indoor golf driving range (Golf Dome) and club house facility
and to give permanent zoning to the existing golf driving range
1.3 Area: 9.036 ha
1.4 Location: 2735 Hancock Road, Courtice, Part Lot 26, Concession 2,
former Township of Darlington
2.0 BACKGROUND
2.1 On May 24, 2006, Ms Gertrud Tomina submitted a rezoning application to permit the
construction of an indoor golf driving range and clubhouse building at 2735 Hancock
Road in Courtice. There is an existing outdoor golf driving range on the property as well
as asingle-detached residential dwelling. The application was deemed complete on
August 28, 2006. The Applicant has also submitted a related site plan application (SPA
2006-0014).
2.2 The golf driving range has existed on this site since 1998 when a temporary Zoning By-
law was approved for three (3) years. The temporary zoning was extended for an
additional three (3) yews in 2002, and again in 2005. The current temporary zoning will
expire on October 10, 2008.
2.3 The Ministry of Transportation (MTO) indicated through Mr. Tomina's rezoning
applications in 1998, 2001 and 2003 that a permanent golf driving range would impact
the future development of the north-south connecting link between the Highways 401
and 407. At the time the Ministry recommended that the implementing Zoning By-law be
a temporary use by-law and the owner enter into an agreement with the MTO describing
the driving range as an interim use. The current MTO position will be discussed in
Section 9 of this report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Located on the northeast corner of Hancock Road and Highway 2, the lands are
currently occupied by asingle-detached residential dwelling and an outdoor golf driving
range facility (see following map). A significant portion of land on the east side of the
site (approximately 3.65 hectares according to the Ministry of Transportation) contains
land identified as the "Previously Technically Preferred Route" for a Highway 407 to
Highway 401 link interchange. There is also a telecommunications tower on the site just
to the west of the "Previously Technically Preferred Route." There is also a significant
woodlot on the northeast corner of the property.
REPORT NO.: PSD-098-08
PAGE 3
3.2 The surrounding uses are as follows
North - Agricultural, Rural Residential
South - Highway No. 2, Agriculture
East - Maple Grove Provincially Significant Wetland Complex, Service
Station, Rural Residential
West - Agricultural, Rural Residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) indicates that development offering recreational,
tourism and other economic opportunities are to be promoted. The proposal for an
indoor golf driving range and club house building should be viewed as a significant
recreational and tourism-related opportunity for the Municipality given that it would be
just the second such facility available to the public in the eastern-end of the Greater
Toronto Area.
4.2 The PPS requires that development be appropriate to the infrastructure which is
planned or available and effort must be made to avoid the need for unjustified and/or
uneconomical expansion of the existing infrastructure. The applicant has not requested
the expansion of infrastructure to this site. This site is outside of the Courtice settlement
area.
Figure 1
Existing Golf Driving Range
REPORT NO.: PSD-098-08
PAGE 4
4.3 The PPS indicates that development and site alteration shall not be permitted in
significant wetlands and significant woodlands, or among other natural features. In
addition, development and site alteration is not permitted unless the ecological function
of the "adjacent lands" has been evaluated and there are no negative impacts.
4.4 An Environmental Impact Study (EIS) has been undertaken to assess this current
proposal in relation to the natural heritage features and functions that have been
identified on and adjacent to this site. This EIS has determined, that with the installation
of appropriately sized buffers, and permanent water quality treatment, the proposed
Golf Dome and club house facility, or continued use of the site for a driving range will
not negatively impact the surrounding natural heritage features and functions.
4.5 Greenbelt Plan
The property is located within the Protected Countryside and is therefore subject to a
number of rural area policies set out in the Greenbelt Plan. Specifically, the proposal is
considered to be a major recreational use as defined in the Plan. A major recreational
use is one that normally requires large-scale modification of terrain, vegetation or both
and usually also requires large-scale buildings or structures.
Non-agricultural recreational uses are permitted in the Greenbelt provided they are not
located in a Prime Agricultural Area as defined in the Clarington Official Plan. Proposed
non-agricultural uses must demonstrate that the use is appropriate in the rural area, that
proposed water and sewer servicing is appropriate, that no negative impacts on key
natural heritage features or hydrologic features are generated by the use, and that the
biodiversity and connectivity of the Natural Heritage System is not disturbed.
4.6 The current proposal has met the tests set by the Greenbelt Plan. The extension of
municipal services will not be required. The proponent has demonstrated that the site
has sufficient land to accommodate the septic system. The hydrogeologic component of
the EIS has determined that the groundwater is adequate in order to accommodate the
use without negatively impacting the surrounding uses.
4.7 Provincial Growth Plan
This proposal is not required to conform to the Growth Plan for the Greater Golden
Horseshoe because the application was made prior to the Plan coming into effect on
June 16, 2006.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan was recently updated through Amendment #114
however this application predates this Plan and is therefore subject to the policies of the
Official Plan that was in place at the time the application was made.
REPORT NO.: PSD-098-08
PAGE 5
The previous Durham Regional Official Plan designated the lands as "Major Open
Space." Recreational activities are permitted in these areas as long as every effort is
made to preserve ecological features including groundwater resources, habitats for
plants, fish and wildlife, flood -and erosion control, and scenic and recreational values.
The ecological integrity of the area will not be impacted by this development.
5.2 Clarinpton Official Plan
The Clarington Official Plan designates the lands at Hancock Road and Highway 2 in
Courtice as "Green Space." Lands designated as such are to be used primarily for
conservation and active or passive recreational uses. This proposal is considered to be
an active recreational use provided that the nature and extent of the uses proposed in
the "club house" are recreational in nature.
An Environmental Impact Study was required as the property is located on the "Lake
Iroquois Beach". As well, the property contains a portion of the Maple Grove Provincially
Significant Wetland Complex. It is also located within the natural heritage system of the
Greenbelt.
The Environmental Impact Study is complete and has determined that the proposed
development will not negatively impact the natural heritage features identified on or
adjacent to the site if the proposed mitigation measures and recommendations are
implemented. To address this, the features (wetland and watercourse) and their buffers
have been incorporated in to the area to be zoned Environmental Protection and the
permanent water qualityr treatment will be incorporated into the site plan agreement and
installed during construction.
6.0 ZONING BY-LAW
6.1 The subject lands are currently zoned Agricultural Exception (A-76), which is a
temporary use by-law which limits the use of this property to one residential dwelling
and an outdoor golf driving range facility. There have been three consecutive temporary
use by-laws applied to this site since 1998 (A -54 expired Sept 2001; A-67 expired April
2005). The current temporary use by-law A-78 expires on October 10, 2008.
The proposal to build an indoor golf driving range (golf dome) and club house building
has resulted in this rezoning application. Through this application the proponent also
wishes to include the outdoor golf driving range as a permitted (not temporary) use on
the property. The outdoor driving range will cease to operate once the golf dome is built.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 A public. meeting was held Monday October 2, 2006 to present the proposal to the
public.
REPORT NO.: PSD-098-08
PAGE 6
7.2 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 property. Public Notice was also posted
on the Municipal website, and on the information screens in the main lobby of the
Municipal Administrative Centre, running from September 2, 2005 to October 4, 2005.
7.3 No inquiries were received on this application prior to the public meeting. One
submission was made subsequently. The submission was made by Marion Weber and
Donald, John, and Carol Muir. Their submission was concerned that this proposal was
premature. The reasons cited included:
Lack of storm sewers and fire hydrants
• It was a year round building
• Access from Hancock is inadequate, and
• The use is better suited to already serviced areas with existing recreational
facilities.
8.0 AGENCY COMMENTS
8.1 Ministry of Transportation
At the fourth round of public consultation for the Highway 407/East Link project in June
& July of this year MTOj presented further refinements to the Technically Recommended
Route (TRR) to the public. The East Link alignment has been shifted slightly to the west
in the area of the Tomina lands to avoid a sensitive wetland area further north. In
addition, atransit-way station is now being proposed in the NW quadrant of the East
Link & Highway 2 interchange. These refinements have now rendered the Tomina's
lands completely impacted and the Ministry will be pursuing a complete buyout.
Previously MTO was only pursuing a purchase of a portion of the property.
The MTO has clearly advised that proceeding with any form of permanent development
on this site is not without risk. The MTO has indicated they have informed the Tominas
of these design changes and of the risks of proceeding with such a development.
However, the MTO also understands that until the 407 East EA approvals are in place,
development proposals such as this, may be approved. MTO wanted the Municipality to
be aware of their process and timelines in order to ensure that planning decisions can
be made appropriately.
REPORT NO.: PSD-098-08
PAGE 7
8.2 Clarinpton Building Services
The Building Services Department provided a number of comments but all were related
to details that will be addressed through the site plan process. Their issues included
curb details, water supply for fire purposes, development charges and building permit
requirements.
8.3 Clarinpton Engineering Services
Engineering Services had no objections to the rezoning application. The concerns that
were raised, similar to Building Services will be addressed through the site plan
process. Concerns to be addressed through site plan include development agreements,
boulevard works, and performance guarantees.
8.4 Central Lake Ontario Conservation Authority
CLOCA has no objection to the rezoning application. Authority staff wanted some
clarification on some details of the Environmental Impact Study, (which have already
been addressed) as well as further details regarding stormwater management. The
stormwater issues will be addressed through the site plan process.
Proposed 407 Link at Highway 2 and Hancock Road
REPORT NO.: PSD-098-08 PAGE 8
8.5 Region of Durham Health Department
Regional Health is satisfied with the details of the sewage disposal system.
8.6 Region of Durham Works Department
Region of Durham Works Department has acknowledged the work that MTO is
undertaking in this area for the Highway 407 link. They have requested that if the site
plan process is to procQed, there would like a dedicated site triangle at Highway 2 and
Hancock Road.
9.0 STAFF COMMENTS
9.1 The concerns that have. been noted by the commenting agencies are all associated with
details that are normally addressed through the site plan process. None of the
commenting agencies have raised concerns with the proposed land use.
9.2 The majority of the issues regarding the subject property throughout the years have
been associated with the Ministry of Transportation and their land needs for the
Highway 407 link to Highway 2. MTO has recently made it clear to staff that they can
only advise of their position regarding a development proposal if the Environmental
Assessment is not complete and the Technically Preferred Route has not been
solidified. They do not object to the proposal and they have advised us and the
applicant about their process and the risks associated with proceeding with this
development.
9.3 An Environmental Impact Study (EIS) has been completed for the property and it has
been determined that this proposal will not negatively impact the Provincially Significant
Maple Grove Wetland complex, the Tooley Creek or the Lake Iroquois Beach Shoreline.
Buffers to the wetland and the watercourse have been recommended in the EIS and are
proposed to be zoned Environmental Protection.
9.4 The existing golf driving range is providing a recreational opportunity for not only
Courtice, but also other Clarington residents. The next closest driving range is in
Oshawa. With respect to the proposed indoor driving range, a facility such as this does
not exist in the Durham Region; the next closest facility is in Scarborough. Our growing
population will demand an expanded range of all season sporting opportunities.
9.5 The proposed .indoor driving range, if constructed, is not a significant obstacle to the
proposed Highway 407 link. The development of the indoor golf driving range requires
minimal site grading and/excavation and the dome itself does not have a traditional
block or poured foundation that will require large scale demolition. The site can easily
be restored to its existing state.
9.6 The proponent has completed the necessary steps to address the technical
requirements of various agencies at this stage.
9.7 Although the Ministry of Transportation has indicated that developing this site is not
without risk, until the EA is completed, the route cannot be protected. The applicant has
REPORT NO.: PSD-098-08 PAGE 9
demonstrated that this use is appropriate for this location, save and except for MTO's
future plans. Not to further process this application would expose the Municipality to a
potential appeal..
9.8 The Finance Department advises that taxes have been paid in full.
10.0 CONCLUSIONS
10.1 Based on the comments contained in this report, staff do not object to the approval of
the rezoning application.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Zoning By-law
List of interested parties to be advised of Council's decision:.
Marion Weber
John and Carol Muir
Donald Muir
Gertrud Tomina
Attachment 1
To Report PSD-098-08
c F
w W ~p
=i C
C
O 00 Z ~ d .p
m c ~ c ~ ~
E p Q p~ a
0
a O g o Q ~
~ N ~ N c ~
R
o m m d a
~ N Z In N p
Z
N
Q
0
L
a
~/ - - - -
3 ," - _
N_ ,,,
~ OC ~; -
O QQ '-+,
_~. ~\ _v J
\~, Lm~
[. ~\ _ M1 ~ a
uro~ ~"
f y ~ e
J /
a ~" ',•~ /
~~
ay ~3y
kJ ~ 1y , a
~ ~ --",__-~ ~ ~~~"~ ~`,~~ N ~
`a\ , '~
~'~ , ~ r i
i ~~ - ~pp i
f i 8 ~ _.. .$....-.-__ ~ ~ a
~ _ ~ ~Q
~ V' ___ r.___ _ i t r' ~ ~i ~
~ --_U__"'___ - ' I F~ b r -.
_ ~____-_ I,t ~~~
_ I ~
. __ _._ ~~.--..... 1 I I
---~'----' `Y~ _
~ ~~
I~ r =~~. .....,.... IMF,-,: i„
uroH vHnos
N
e
3
~¢
0
Qypy N~D~NVH
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
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 Municipality of
Clarington for ZBA 2006-018 to permit the development of a golf driving range, an indoor
golf driving range and a club house facility in addition to the existing residential uses.
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 6.4.83 as follows:
2. "6.4.83 AGRICULTURAL EXCEPTION (A-83) ZONE
Notwithstanding Sections 3.11, 6.1(b) and 6.3, those lands zoned "A-83" on the
attached Schedule to this By-Law, in addition to the penmitted residential uses,
shall be used in accordance with this By-law and the following zone definitions and
regulations.
a) Definitions
i. Golf Driving Range: Shall mean an outdoor facility operated
for the purpose of developing golfing
techniques, including miniature golf, but
excluding golf courses.
ii. Indoor Golf Driving Range: Shall mean an enclosed facility operated
for the purpose of developing golfing
techniques but excludes golf courses.
iii. Club House Facility: Shall mean facility accessory to a golf
driving range or an indoor golf driving
range which may include uses such as a
golf pro-shop, snack-bar/canteen, and
lounge/ recreation area.
b) Permitted Non-Residential Uses
i. Permitted non-residential uses within the A-83 zone are a golf
driving range, an indoor golf driving range, conservation and
forestry.
ii. Only a golf driving range, conservation and forestry are permitted
prior to the removal of the (H) Holding symbol.
c) Regulations for Non-Residential Uses
i. Lot Area (minimum) 8.5 ha
ii. Lot Frontage (minimum) 165 metres
iii. Yard Requirements
a. Front Yard (minimum)
i. Building less than 30m2 5 metres
ii. All other buildings 30 metres
iii. Club House Facility 30 metres
b. Interior Side Yard (minimum) 30 metres
c. Exterior Side Yard (minimum) 30 metres
d. Rear Yard (minimum 30 metres
iv. Lot Coverage (maximum) 15%
v. Landscaped Open Space (minimum) 10%
vi. Building Height (maximum) 19m
vii. Total Floor Area (maximum)
a. Indoor Golf Driving Range 6100 mZ
b. Club House Facility accessory to Indoor
Golf Driving Range 410 m2
c. Club House Facility accessory to Golf Driving Range 40mZ~
2 Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-76) Zone" to
"Holding (H) Agricultural Exception (A-83) Zone" as illustrated on the attached
Schedule "A" 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 Section 34 of the Planning Act.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2008- ,
passed this day of , 2008 A.D.
~ ~ I
~^~ rt, lJ r,-ijl°lj
I
II Q_' ~ r. /~
Ilo; - ~ p
Ilai;
Ilx, - - -
~~ ~ - ~~
1'
-_ - ~
i
11
I~
"
r~\\\\
~
.,
1
1
DURyAM
\
I
1
H N
wAY
I
\~
2 I
~~~
~ I
~
I I ~~~ ~ I
' ® Zoning Change From "A-7frTo "(H)A-83"
® Zoning Change From "A-76" To "EP"
~
Jim Abernathy, Mayor
Patli 1. Barrie Munici cl Clerk
P
I I III ~~
~
N IIIIIIIi I I ~, ~ I I I ~ ~
(
~
~ ~
V
~
.
/µ.,~
'^k1Y Z <
Z
DARLINGTON zsA zoos-o oze