HomeMy WebLinkAboutPSD-048-09Clarington
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 25, 2009 ~~5~`,,~pn~p~-'~~~~
Report #: PSD-048-09 File #:DEV 94-061 (X-REF. COPA 98-001 By-law #: app - bb3
AND ROPA 95-006)
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A 9-HOLE GOLF COURSE
AND CLUBHOUSE BUILDING (STONEHENGE GOLF CLUB) - 3033 TAUNTON
ROAD, FORMER TOWNSHIP OF DARLINGTON
APPLICANT: TUNNEY PLANNING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-048-09 be received;
2. THAT the rezoning application submitted by Tunney Planning, be APPROVED and that
the proposed Zoning By-law contained in Attachment 3 to this Report be PASSED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP n lin Wu,
Director of Planning Services ,~( Chief Administrative Officer
DJ/COS/df ~'TV,
11 May 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-048-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 Agent: Tunney Planning
1.2 Applicant: Stonehenge Golf Club Inc. (previously known as Crooked Creek Golf
Course Ltd.)
1.3 Proposal: To permit a 9-hole golf course and club house building
1.4 Site Area: 41.96 Hectares
1.5 Location: 3033 Taunton Road, Former Township of Darlington
2.0 BACKGROUND
2.1 An Official Plan Amendment for the use was approved by Council through resolution
#C-237-02 on April 15, 2002. A number of studies including hydro-geological, turf
management and environmental impact studies were prepared in support of the
amendment. Reflecting the conclusions of these reports and agency concerns regarding
the impact an 18 hole golf course would have on the site's natural heritage features, the
application was revised substantially, reducing the number of holes from 18 to 9 and
decreasing the land area from approximately 54 hectares to approximately 42 hectares.
The studies conclude that the proposed 9 hole golf course would have no significant
impacts on the natural heritage features.
2.2 When approving the Official Plan Amendment, Council decided that the application for
rezoning only be considered when certain conditions. had been met. These included the
transfer of provincially significant Areas of Natural and Scientific Interest (ANSI) lands to
the Central Lake Conservation Authority as part of the Stephen's Gulch Conservation
Area, agreement to the conditions of site plan approval, and agreement to conduct a
post construction monitoring program.
2.3 The related amendment to the Region of Durham Official Plan was approved on
October 24, 2002 (Amendment #81). On December 10, 2002, Official Plan Amendment
No. 26 to the Caarington Official Plan came into affect.
2.4 Due to the Greenbelt Protection Act (an act that was created for the greenbelt study and
which established a moratorium that would temporarily prevent new urban uses outside
existing urban boundaries on rural and agricultural lands within the study area) which
came into affect in 2003 and the Minister's Zoning Order, the Municipality was not
permitted to pass a zoning by-law to permit the golf course until after the Greenbelt
Protection Act expired and the Minister's Zoning Order was repealed.
2.5 In 2005 the Provincial Greenbelt Plan was approved and the applicant was informed
that the rezoning approval process of the golf course could again proceed. It is
important to point out that since the rezoning of the relevant lands predated the
REPORT NO.: PSD-048-09
PAGE 3
Minister's Zoning Order and the 1ST reading of the Greenbelt Protection Act, the
application is not subject to the policies of the Greenbelt Plan.
2.6 The applicant submitted a site plan application in May 2008. The site plan drawings
went through numerous iterations and in April 2009 the applicant agreed. in writing to the
conditions of site plan approval. -These conditions include. the implementation of the
recommendations from the approved turf management report, hydro-geological report,
Environmental Impact Study and the post construction monitoring program.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 A 9-hole golf- course and gravel parking area have already been developed on the
lands, in accordance with the Golf Course Environmental Construction Management
Plan and the Environmental Impact Study (EIS) recommendations.
The south end and the northwest edge of the site, which forms part of the Soper Creek
and Crooked Creek tributary valley lands, are in the process of being donated to Central
Lake Conservation Authority (CLOCA) as part of the Stephen's Gulch Conservation
Area. These provincially significant Areas of Natural and Scientific Interest have been
buffered from the golf course in accordance with the stipulations of the EIS and the
Stonehenge Golf Course Environmental Construction Management Plan, July 2003 and
are reflected in the zoning schedule as "Environmental Protection".
3.2 The surrounding uses are as follows:
North: Taunton Road (immediately adjacent), agricultural lands and
forested Soper Creek valley. An existing residence is located on
the north side of Taunton Road across from the application site.
South: Forested and valley lands identified as Provincially Significant ANSI
Lands.
East: Agricultural lands and a rural residential dwelling.
West: Forested lands, Soper Creek valley and related tributaries owned
by CLOCA.
An aerial photo of the site and its immediate surroundings is enclosed as Attachment 2
to this report.
4.0 PROVINCIAL POLICY
4.1 Provihcial Policv Statement (PPS)
The 2005 PPS states that in rural areas recreation, tourism and other economic
opportunities should be promoted. The PPS also calls for the promotion of economic
development and competitiveness by providing opportunities for a diversified economic
base. The 9-hole golf course is expected to complement these objectives.
REPORT NO.: PSD-048-09
PAGE 4
The PPS also recommends that development and site alteration shall not be permitted
on adjacent lands to natural heritage features and areas unless the ecological function
of the adjacent lands has been evaluated and it has been demonstrated that there will
be no negative impacts on the natural features or on their ecological functions.
The PPS also recommends that healthy and active communities should be promoted by
considering the impacts of planning decisions on provincial parks, conservation
reserves and natural features. These objectives have been complied with in that an
environmental impact study, an environmental construction management plan and
monitoring program have been prepared and approved for the 9-hole golf course. The
relevant PPS policies are further acknowledged by the decision to donate the parcels of
valley lands to the Central Lake Conservation Authority as part of provincially significant
ANSI lands.
It can be concluded that this proposal is consistent with the PPS.
4.2 Provincial Greenbelt Plan
The application site is situated within the Provincial Greenbelt. However, as this
rezoning application predates the Minister's Zoning Order and the first reading of the
Greenbelt Protection Act, this application is not subject to the policies of the Greenbelt
Plan. Nevertheless, the Ministry of Natural Resources was kept appraised of the
application during the "one-window" provincial initiative at the time the Greenbelt Plan
Study was underway, and a copy of the Environmental Construction Management Plan
was forwarded to them for record keeping.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
As was mentioned in point 2.3 of this report, through the related Regional Official Plan
Amendment #81, a 9-hole golf course is permitted within the designation. The Region
confirmed that the proposed zoning amendment is in compliance with the policies of the
Regional Official Plan.
5.2 Clarington Official Plan
The related Official Plan Amendment No. 26 to the Clarington Official Plan took effect in
December 2002, to permit a 9-hole golf course on the lands in question. The golf
course designation is marked with a symbol "G2" (Golf course) on Map Al (Darlington)
Land Use Map of the Clarington Official Plan with underlying "Green Space" and
"Environmental Protection" designations.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural" and "Environmental
Protection". The latter zoning designation permits golf courses and driving ranges
exclusive of buildings, as well as conservation, forestry, wildlife reserve or other similar
uses which provide for the preservation of the natural environment. The "Agricultural"
REPORT NO.: PSD-048-09
PAGE 5
zone does not allow a golf course use. In order to allow the golf course and clubhouse
building, a Zoning By-law amendment is required.
7.0 STAFF COMMENTS
7.1 As was alluded to in paragraph no. 2 of this report, in 2002 Council approved the Official
Plan Amendment to allow the use and decided that the application for rezoning be
considered when the following conditions had been met:
• Arrangements are made for the transfer of provincially significant Areas of
Natural and Scientific Interest (ANSI) lands to the Central Lake Conservation
Authority as part of the Stephen's Gulch Conservation Area;
• Agreement to the conditions of Site Plan approval that would include the
implementation of:
- The turf management report;
- The hydro-geological report;
- The EIS report as consolidated by Niblett and Associates; and,
• The applicant/owner agrees to conduct at least a 3 year post construction
monitoring program.
7.2 A reference plan of the provincially significant Areas of Natural and Scientific Interest
(mainly two tributaries of the Soper Creek and their associated valley lands), measuring
3.054 hectares and 9.386 hectares respectively, have been deposited under the Land
Titles Act. CLOCA has confirmed that the land parcels are in the process of being
transferred to them for inclusion in the Stephen's Gulch Conservation Area. These
parcels are located in the northwest and southwest corners of the site and have been
buffered from the golf course in accordance with the EIS requirements and Stonehenge
Golf Course Environmental Construction .Management Plan, July 2003, in consultation
with the Central Lake Conservation Authority. See Attachment 2 for more perspective.
7.3 Niblett and Associates, who peer reviewed the technical studies and EIS upon a request
of the Region, consolidated the conditions of the turf management report, -hydro-
geological report and the Environmental Impact Study in an Environmental Construction
Management Plan & Report, dated July 2003, to ensure that the conditions are
implemented appropriately through the development and management of the golf
course.
7.4 In April 2009, the owner agreed to the draft conditions of Site Plan approval that
included the conditions set. out in the foresaid studies and the Environmental
Construction Management Plan & Report dated July 31, 2003. The conditions of Site.
Plan approval also included a requirement to conduct a 3 year post construction
monitoring program in accordance with the stipulations in the Environmental
Construction Management Plan.
REPORT NO.: PSD-048-09
PAGE 6
7.5 The owner indicated that they will not proceed with the construction of the proposed
clubhouse at this time, and that a site plan amendment application will be submitted if
they wish to proceed with it in the future.
7.6 The site specific zoning by-law is enclosed as Attachment 3. The proposed zoning
changes on the site are as follows:
• The southern part of the property that is zoned "Environmental Protection" remains
"Environmental Protection" as this zone .designation permits a golf course as well as
conservation, forestry, wildlife reserve or other similar uses which provide for the
preservation of the natural environment (holes 6 and 7 of the course and the
provincially significant ANSI lands to be donated to CLOCA are situated within this
area);
• The northwest corner of the property that is zoned "Environmental Protection"
remains "Environmental Protection" for the same reasons than above, but this zone
is slightly expanded to incorporate a small area to the immediate east that forms part
of the provincially significant ANSI lands to be donated to CLOCA;
• The upper 55% of the property that is zoned "Agricultural" is rezoned as follows:
- The central area of the golf course featuring a huge waterpond and
valleylands, the limits of which has been determined by the EIS, from
"Agricultural" to "Environmental Protection"; and,
- The remainder of the lands from "Agricultural" to "Agricultural Exception (A-
8)". The latter zone exception. was originally created to facilitate the
Newcastle Golf Course, and is found to be suitable for this area too. The A-8
zone schedule reads as follows:
"Notwithstanding Section 6.1, those lands zoned A-8 on the schedules to
this By-law may, in addition to the other uses permitted in the Agricultural
(A) Zone, be used for a golf course. The placement of buildings and
structures shall be subject to the zone regulations set out in Section 6.3"
The proposed location of the future clubhouse building, its specifications, and the
existing structures on site such as the barn that is being used as a maintenance
building, as well as the temporary (seasonal) washrooms and pay kiosk comply
with the zone regulations in Section 6.3 and do not require any variance or
amendment.
8.0 CONCLUSIONS
8.1 Staff are satisfied that the conditions of Council resolution C-237-02 dated April 15,
2002 has been met.
8.2 The application has been reviewed in consideration of comments received from the
circulated agencies, the policies of the Clarington Official Plan, Zoning By-law
REPORT NO.: PSD-048-09
PAGE 7
regulations, and the public. In consideration of the comments contained in this report,
staff respectfully recommend that the proposed Zoning By-law Amendment contained
in Attachment 3 be APPROVED.
Attachments:
Attachment 1 -Key Map
Attachment 2 -Aerial photo
Attachment 3 -Zoning By-law Amendment
Interested parties to be advised of Council's decision:
Central Lake Ontario Conservation
Peter and Joanna Tax
Stonehenge Golf Club Ina
Dave Fanthoam
Tunney Planning Inc.
Evelyn Stroud
Debbie Nixon
Libby Racansky
Ministry of Natural Resources
AI O'Donnell
Linda Gasser
Kerry Meydam
Durham Region Planning Department
Attachment 1
To Report PSD-048-09
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Attachment 2
To Report PSD-048-09
DEV. 94-061 -Stonehenge Golf Course
Provincially Significant ANSI Lands Donated To CLOCA
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Attachment 3
To Report PSD-048-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
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, in accordance with application DEV 94-061 to permit A 9-hole golf course
and clubhouse building; antl
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "1" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from: "Agricultural (A)", to "Agricultural Exception
(A-8)", and from "Agricultural (A)" to "Environmental Protection (EP)" as
illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3: This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 24, 34 and 36 of the Planning Act, R.S.O. 1990.
BY-LAW read a f rst time this day of 2009
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Jim Abernetliy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2009- ,
passed this day of , 2009 A.D.
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® Zoning Change From "A" To "A-8" ~~ Zoning To Remain " EP"
Zoning Change F rom "A" To "EP"
Jim Abernethy, Mayor Pattl L. Barrie, Municipal Clerk
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