HomeMy WebLinkAboutPSD-050-09Leung the way
Gl~-~~~ REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 25, 2009 ~Sc7`ln~C7n~~ {"~1-'J~ 1
Report #: PSD-050-09 File #: COPA 2003-004, By-law #: ~0~ - 0 ~~'
x-ref (ZBA 2003-016; ROPA 2003-003)
Subject: .AMENDMENT NO. 67 TO THE CLARINGTON OFFICIAL PLAN
APPLICANT: 1559306 ONTARIO LTD.
PART LOT 20, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON
NORTHEAST GORNER OF TAUNTON ROAD AND HOLT ROAD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-050-09 be received;
2. THAT Amendment No. 67 to the Clarington Official Plan as shown on Attachment 2 to
the report be ADOPTED and the. necessary By-law contained in Attachment 3 be
passed and that the Amendment be forwarded to the Regional Municipality of Durham
for APPROVAL;
3. THAT the Regional Municipality of Durham Planning Department be forwarded a copy
of PSD-050-09; and
4. .THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by: David J.`'~rome, M.C.I.P., R.P.P.
Director of Planning Services
LB"COS*sh
May 15, 2009
Reviewed by: in Wu,
~,,/Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-050-09
1.0 APPLICATION DETAILS
1.1 Applicant:
1.2 Owner:
The Biglieri Group
1559306 Ontario Limited
PAGE 2
1.3 Official Plan Amendment: To amend the Clarington Official Plan to permit the
development of a golf driving range, miniature golf course,
clubhouse and storage facility and a residential dwelling.
1.4 Related Applications: • ROPA 2003-003: An application to amend the Durham
Region Official Plan to permit the proposed use.
• ZBA 2003-016: To amend the zoning of the subject
lands from "Agriculture Exception (A-1)" to a zone
appropriate to permit the proposed use.
• Site. plan approval will be required after the above
noted applications are considered.
1.5 Land Area of Application: 16.59 ha (41.7 acres)
1.6 Location: Part of Lot 20, Concession 5 former Township of
Darlington (5075 Holt Road) and is situated at the
northeast corner of Holt Road and Taunton Road.
2.0 BACKGROUND
2.1 On April 24, 2003 the Bigileri Group submitted applications on behalf of Burt Beckell to
amend the Clarington Official Plan and Comprehensive Zoning By-law to permit the
development of a golf driving range, miniature golf course, clubhouse and storage
facility. The Region received an application to amend the Durham Region Official Plan
on May 1, 2003 to permit these proposed uses. On June 27, 2003 the Municipality was
informed by the consultaht that ownership of the subject lands had changed and that
they now belong to 1559306 Ontario Limited.
2.2 Several technical studies including a Planning Rational Report, an Agricultural Review
and a Planning Rational Addendum report were submitted prior to the moratorium put on
all development applications within the Greenbelt in December 2003. The moratorium
did not lift until the passing of the Greenbelt Act in 2005.
2.3 Transition policies were included in the Greenbelt Act, 2005, in that planning applications
made before December 16, 2004, were not required to conform to the Greenbelt Plan.
As such, this application for an Official Plan Amendment and Rezoning are not subject to
the provisions of the Greenbelt Plan.
REPORT NO.: PSD-050-09
PAGE 3
2.4 Between 2005 and the present there has been sporadic activity regarding these planning
files. During this time, the Owner has built a single family dwelling on the north-east
portion of the site.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Existing Uses: Residential and Agricultural
3.2 Surrounding Uses:
East: agricultural land, woodlands, rural residences
North: agricultural land
West indoor gun club, agricultural land and a portion of the Harmony
Black Farewell Creek Wetland Complex
South: agricultural land
REPORT NO.: PSD-050-09
PAGE 4
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
This application was made under the 1997 Provincial Policy Statement (PPS). The
intention of the agricultural policies within the PPS is, first and foremost, the protection
of prime agricultural lands. However, the PPS does provide for exceptions provided
several `tests' can be satisfied including: a) a demonstrated need, b) there are no
reasonable alternative locations and c) no alternative locations with lower priority
agricultural lands. The applicant has satisfied these tests.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Regional Official Plan
The lands are designated "Permanent Agriculture" in the Durham Regional Official Plan.
The Region's Official Plan contains criteria similar to those contained in the Clarington
Official Plan, as noted below.
5.2 The Clarington Official Plan
The Clarington Official Plan designates the subject lands "General Agricultural Area".
The predominant use of lands designated "General Agricultural Area" shall generally be
for agricultural purposes. Golf courses, or in this case a golf driving range, may be
permitted in agricultural areas by amendment to the Official Plan provided that a number
of criteria are satisfied including:
a) there is a demonstrated need for such a facility in an agricultural designation;
b) it is not located on high capability agricultural lands;
c) it conforms with the Minimum Distance Separation Formulae;
d) it does not adversely impact the ability of surrounding agricultural operations to
carry on normal agricultural practices;
e) it does not impact significant natural features and minimizes impacts on
watercourses, groundwater resources or other environmentally sensitive
features;
f) it does not use quantities of ground or surface water for irrigation purposes that
exceed the standards of the Ministry of the Environment, Ministry of Natural
Resources and the Conservation Authority; and
g) it is individually serviced with a private sewage disposal system and private
drilled well which complies with the standards of the Ministry of the Environment
and the Region.
The current proposal satisfies these criteria.
REPORT NO.: PSD-050-09
PAGE 5
5.3 ZONING BY-LAW
5.3.1 Zoning by-law 84-63 zones the subject
land uses in this zone are predominantly
does not permit the proposed use,
comprehensive Zoning By-law.
lands "Agricultural Exception (A-1)". Permitted
limited to agricultural uses. The current zoning
hence the need for an amendment to the
6.0 SUMMARY OF TECHNICAL STUDIES
6.1 The Region of Durham and the Municipality of Clarington have two different processes
regarding the preparation of technical studies, particularly Environmental Impact Studies.
The Region allows an applicant to hire its own consultant to prepare the Study, but then
may require the Study to be peer reviewed, at the cost of the applicant. Conversely the
Municipality of Clarington has a roster of pre-qualified consultants that would prepare the
Study. Municipal staff hires the consultant and manages the process, at the client's
expense: Regional and Municipal staff gave the applicant the option to follow the
process of his choice; he chose the Regional Process.
6.2 The following studies were prepared and subsequently Peer Reviewed by Regionally
hired consultants.
Planning Rationale Report, prepared by The Biglieri Group Ltd., dated April 2003.
Addendum to Planning Rationale Report, prepared by The Biglieri Group Ltd., dated
April 19, 2004.
• These reports were reviewed by Municipal and Regional Staff.
The Planning Rationale Report focuses on the site's proximity to the Hamlet of
Hampton, Darlington Arena and the Oshawa Marksman Club, stating that this use
will complement these existing uses and further reinforce and enhance the
recreational activities within this area. With respect to need, the report states that
the Municipality of Clarington is under serviced and can support more golf driving
ranges. The report also notes that the site can easily revert back to agricultural
production due to the minimal disruption proposed and the temporary nature of
golf driving ranges.
The Addendum to the Planning Rationale Report was prepared in response to
concerns raised by MMAH that the original planning report did not outline how this
proposal met all of the tests of the PPS. This report provided a summary of the
reports that had been completed to date, and how they met the tests of the PPS.
In addition, the results of a windshield survey/constraint mapping exercise were
presented.
Municipal and Regional Staff reviewed these studies.
Agricultural Review of Proposed Golf Driving Range & Associated Development,
Prepared by VDV Consulting, dated January 23, 2003 (submitted April 22, 2003).
REPORT NO.: PSD-050-09
PAGE 6
This report was peer reviewed by DBH Soil Services Inc.
The Agricultural Assessment Report states that although the soil capability is high,
there are a number of factors that must be considered to determine the
agricultural potential of a property. Based on the limited area, only 14 hectares
(34.5 acres) of tillable land, a lack of farm structures, the irregular shape of the
property, and because of the Minimum Distance Separation requirements for new
agricultural structures, this study concludes that it is unlikely that a farm operation
could be viable on the subject property.
The peer reviewers agreed with the Study.
Environmental Impact Statement (EIS), prepared by Watershed Management Ecology,
dated June 2007.
• This report was reviewed by the Central Lake Ontario Conservation Authority.
The Environmental Impact Statement, evaluated the current proposal with respect
to the small woodlot, and the adjacent Provincially Significant Black-Farewell
Creek Wetland Complex. The EIS concluded that with the inclusion of appropriate
mitigation measures including buffers, the proposed development will not
negatively impact the natural heritage features identified on and adjacent to the
site.
The peer reviewers agreed with the Study.
Hvdro-geological Studv, prepared by Mitz & Associates Inc., dated November 2006.
• This report was peer reviewed by Jagger Hims Limited.
A Hydrogeological Studv evaluated the current proposal to determine the
suitability of the site for development on private services and on the potential for
the development to cause adverse environmental impact. The report concluded
that the site can support private servicing for the development, that there are
sufficient groundwater resources to service the development, and that the shallow
aquifer and adjacent wetlands will not be vulnerable as a result of this
development.
The peer reviewers agreed with the Study.
7.0 PUBLIC NOTICE AND SUBMISSION
7.1 The Public Meeting for this application was held September 8, 2003. At that time only a
few enquiries were received about the application. Generally, these enquiries expressed
concern about establishing a golf driving range on prime agricultural land.
REPORT NO.: PSD-050-09
PAGE 7
7.2 Durham Region held a Public Meeting on June 3, 2003 to consider the Durham Region
Official Plan Amendment and the application was referred back to Regional Staff for
consideration.
8.0 AGENCY COMMENTS
8.1 Prior to the. Greenbelt moratorium comments were received from the agencies regarding
the development proposal. The majority of the agencies had no objections to the Official
Plan Amendment or the Rezoning, they were concerned with site plan type details like
entrance locations, grading and septic design.
8.2 The Central Lake Ontario Conservation Authority requested the preparation of an
Environmental Impact Study, which has been completed. They have since reviewed all
of the technical studies and do not object the proposed official plan amendment.
8.3 The 2003 the Ministry of Municipal Affairs were concerned that the applicant had not
provided information identifying that there are no reasonable alternative locations
avoiding prime agricultural areas. or that there are no reasonable alternative locations
within the prime agricultural area having lower priority agricultural lands on which to
establish this use. Since the original MMAH comments, a Planning Rational addendum
was prepared and sent to MMAH (2004) for consideration. The MMAH has not
expressed any concerns with the Report.
8.4 The Ministry of Transportation previously identify these lands as being within the
proposed 407 East Completion Area for the East Durham Link. In 2003 the Ministry
recommended that development be discouraged to locate within the Study Area until the
EA is complete. Recent conversations with the MTO staff reiterates this 2003 position,
but not dissimilar to previous applications within the EA area, MTO 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. MTO staff did not
object to the proposal but they do note there could be risks associated with proceeding
with the development prior to finalization of the EA later this year. The proponent has
been made aware of this.
8.5 The Durham Region Planning Department is currently preparing a positive staff report for
the associated Regional Official Plan Amendment.
9.0 DISCUSSION
9.1 The Clarington Official Plan, the Durham Region Official Plan and the Provincial Policy
Statement (PPS) all support and promote the protection of high quality agricultural land
from non-agricultural development. However, each of these documents also provides
'tests' which if passed, anon-agricultural use can be permitted, which in this case, is a
golf driving range, miniature golf course and associated-uses.
REPORT NO.: PSD-050-09
PAGE 8
9.2 Thrbugh the preparation of the numerous studies and a peer review, the various tests, to
permit a golf driving range and miniature golf course, set by the Provincial Policy
Statement, the Regional Official Plan and the Glarington Official Plan have been met as
noted in the below table..
9.3 The PPS provides opportunity for consideration of new non-residential development in a
prime agricultural area subject to satisfactory justification that includes:
Provincial Polic Statement Re ort Satisfied
2.1.3c)1. demonstrated need for the Plannina Rationale Report, prepared by The Yes
designation of additional lands to Biglieri Group Ltd., dated April 2003.
accommodate this use; Addendum to Planning Rationale Report,
prepared by The Biglieri Group Ltd., dated
April 19, 2004.
These reports were reviewed by Municipal
and Re ionaLStaff.
2.1.3c)2. that there are no reasonable Plannina Rationale Report, prepared by The Yes
alternative locations on land not identified Biglieri Group Ltd., dated Apri12003.
as prime agricultural area; Addendum to Plannina Rationale Report,
prepared by The Biglieri Group Ltd., dated
April 19, 2004.
These reports were reviewed by Municipal
and Re Tonal Staff.
2.1.3c)3 that there are no reasonable Planning Rationale Report, prepared by The Yes
alternative locations in prime agricultural Biglieri Group Ltd., dated April 2003.
areas with lower priority agricultural lands. Addendum to Planning Rationale Report,
prepared by The Biglieri Group Ltd., dated
April 19, 2004.
These reports were reviewed by Municipal
and Re Tonal Staff.
9.4 The Glarington Official Plan also provides that golf courses(driving ranges) may be
permitted in Agricultural Areas(not on the Moraine) provided that:
Clarin ton Official Plan Re ort Satisfied
a)there is a demonstrated need for such a Planning Rationale Report, prepared by The Yes
facility in an agricultural designation and Biglieri Group Ltd., dated April 2003.
there are no alternative sites in the Green Addendum to Planning Rationale Report,
Space or Watertront Greenway prepared by The Biglieri Group Ltd., dated
designations; April 19, 2004.
These reports were reviewed by Municipal
and Re Tonal Staff.
b)it is not located on high capability Agricultural Review of Proposed Golf Driving Yes
agricultural lands; Range & Associated Development, Prepared
by VDV Consulting, dated January 23, 2003.
This report was peer reviewed by DBH Soil
Services Inc.
c) it conforms with the Minimum Distance Agricultural Review of Proposed Golf Driving Yes
Separation Formulae; Range & Associated Development, Prepared
by VDV Consulting, dated January 23, 2003.
This report was peer reviewed by DBH Soil
Services Inc.
REPORT NO.: PSD-050-09
PAGE 9
d)it does not adversely impact the ability of Agricultural Review of Proposed Golf Driving Yes
surrounding agricultural operations to carry Range & Associated Development, Prepared
on normal agricultural practices; by VDV Consulting, dated January 23, 2003.
This report was peer reviewed by DBH Soil
Services Inc.
e)it does not impact significant natural Hvdro-geological Studv, prepared by Mitr & - Yes
features and minimizes impacts on Associates Inc., dated November 2006.
watercourses, groundwater resources or This report was peer reviewed by Jagger
other environmentally sensitive features;. Hims Limited.
Environmental Impact Statement (EIS),
prepared by Watershed Management
Ecology, dated June 2007.
This report was peer reviewed by the Central
Lake Ontario Conservation Authorit .
f)it does not use quantities of ground or Hvdro-geological Studv, prepared by Mitz 8 Yes
surface water for irrigation purposes that Associates Inc., dated November 2006.
exceed the standards of the Ministry of the This report was peer reviewed by Jagger
Environment, Ministry of Natural Hims Limited.
Resources and the Conservation Authority; This report was also reviewed by the Central
and Lake Ontario Conservation Authority.
g)it is individually serviced with a private Hvdro-aeolooical Studv, prepared by Mitr & Yes
sewage disposal system and private drilled Associates Inc., dated November 2006.
well which complies with the standards of This report was peer reviewed by Jagger
the Ministry of the Environment and the Hims Limited.
Region. This report was also reviewed by the Central
Lake Ontario Conservation Authority.
9.5 The subject lands are within the Highway 401 - 407 `East Durham Link' study area.
The Ministry of Transportation has stated that development of lands within the study
area should be discouraged until the EA is completed later this year. The proposed
driving range will be located approximately 400m west of the eastern extent of the link,
and approximately 100m east of the associated road improvements to Taunton Road.
Through this EA process, the Municipality has requested that Holt Road, which abuts
this property to the west, be upgraded from a seasonal road to a year round.
9.6 The golf driving range is providing a recreational opportunity for not only the residents of
Hampton, but to other Clarington residents as well.
9.7 The golf driving range and mini-putt requires minimal grading and the structures can be
removed should the owner want to revert the property back to an agricultural operation.
9.8 The proponent has completed the necessary steps to address the requirements of the
Official Plans and the PPS. Site speck technical agency requirements will be
addressed through the rezoning and the site plan approval process.
10 CONCLUSIONS
10.1 It is Staffs opinion that this application satisfies the tests set out in the OP and that it be
approved.
REPORT NO.: PSD-050-09
Attachments:
Attachment 1 -Key Map and Site Plan
Attachment 2 -Official Plan Amendment
Attachment 3 -Implementing By-law
Interested parties to be advised of Council's decision:
1559306 Ontario Limited
The Bigileri Group
Durham Region Federation of Agriculture
Doug MacDuff
Mr. and Mrs. Fitzgerald
Libby Racansky
Linda Gasser
Region of Durham
PAGE 10
Attachment 1
To Report PSD-050-09
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Attachment 2
To Report PSD-050-09
AMENDMENT NO. 67
to the
MUNICIPALITYOF CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this Amendment to the Municipality of Clarington
Official Plan is to permit the development of a golf driving range,
miniature golf course, associated storage facility and clubhouse.
BASIS: This amendment is based on the Hvdrogeological Studv, prepared
by Mitz & Associates Inc., dated November 2006 and the peer
reviewed by Jagger Hims Limited; the Environmental Impact
Statement (EIS), prepared by Watershed Management Ecology,
dated June 2007 and the peer review by the Central Lake Ontario
Conservation Authority; the Agricultural Review of Proposed Golf
Lonsultmg, dated January 23, 2003 and peer reviewed by DBH Soil
Services Inc. as well as the Planning Rationale Report, prepared by
The Biglieri Group Ltd., dated April 2003 and the Addendum to
Plannino Rationale Report, prepared by The Biglieri Group Ltd.,
dated April 19, 2004 which were reviewed by both Municipal and
Regional Planning Staff.
ACTUAL AMENDMENT: The Official Plan for the Municipality of Clarington is hereby amended as
follows:
"1. By adding a new policy 13.3.14 as follows
13.3.4 Notwithstanding Section 13.3.3 a golf driving range, mini-
putt, associated storage facility and clubhouse, in addition to the
existing residential dwelling, are permitted at the Northeast corner
of Holt and Taunton Roads, known as 5075 Holt Road, Assessment
No. 181701013017700 within the Municipality of Clarington."
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as amended
regarding the implementation of the Plan shall apply in regard to
this amendment
INTERPRETATION: The provisions set forth in the Clarington Official Plan as amended
regarding the interpretation of the Plan shall apply in regard to this
amendment
Attachment 3
To Report PSD-050-09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to adopt Amendment No. 67 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan to add a new policy to the Agricultural Areas Policies
contained in Section 13 of the Clarington Official Plan;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 67 to the Clarington Official Plan being attached
Explanatory Text is hereby adopted.
2. That this By-law shall come into force and take effect on the date of the passing
thereof.
BY-LAW read a first time this day of 20pg
BY-LAW read a second time this day of 2009
BY-LAW read a third time and finally passed this day of 2009
Abernethy, Mayor
Patti L. Barrie, Municipal Clerk