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Home My WebLink AboutPSD-049-10Leading the Way ~~~~~ REPORT .PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2010 Resolution #: G(~j} -3~(o-IbBy-law #: 0~0~0' 6~ (,v Report #: PSD-049-10 File #: ZBA 2003-0016 .Subject: TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-049-10 be received; THAT the rezoning application submitted by 1559306 Ontario Ltd., to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling be approved and that the By-law contained in Attachment 2 to Report PSD-049-10 be passed; and 3. THAT all interested parties listed in Report PSD-049-10 and any delegations be advised of Council's decision. Submitted by: !i /h.~-,•~ Reviewed by: a e angmaid, SLA, MCIP ing Director, Planning Services PW/COS/df 12 April 2010 ~~~~ Franklin 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-049-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Biglieri Group Ltd. 1.2 Owner: 1559306 Ontario Ltd. 1.3 Proposal: To permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling. 1.4 Area: 16.6 ha 1.5 Location: Part Lot 20, Concession 5, former Township of Darlington 5075 Holt 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 of Durham also received an application to amend the Durham Regional Official Plan on May 1, 2003 to permit the proposed uses. On June 27, 2003 the Municipality was informed by the consultant that ownership of the subject lands had changed and that they now belong to 1559306 Ontario Ltd. 2.2 The Region of Durham held a Public Meeting on June 3, 2003 to consider the Durham Region Official Plan Amendment. On June 24, 2009, Durham Regional Council adopted Amendment No. 130 to the Durham Regional Official Plan, to permit a golf driving range and accessory uses on the subject site. 2.3 The Municipality of Clarington held a Public Meeting for this proposal on September 8, 2003. Following the Public Meeting, Council accepted the recommendation within Staff Report PSD-091-03 that the proposal continue to be processed by Staff. 2.4 Between 2003 and 2009 there was sporadic activity regarding these planning files. During this period, the Owner constructed a single family dwelling in the northeast portion of the site. 2.5 On May 25, 2009, Staff Report PSD-050..-08 was presented to the General Purpose and Administration Committee to recommend the adoption of Clarington Official Plan Amendment No. 67. This recommendation was endorsed by Council on June 1, 2009. The rezoning portion of the application could not proceed concurrently with the Official Plan Amendment as Staff had not received sufficient information on which to make a recommendation. REPORT NO.: PSD-049-10 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property predominately consists of a flat to gently rolling field with a low point located near the southwest corner of the property. This low point includes a Natural Vegetated Feature which is subject.to the temporary ponding of surtace water. The northeast corner of the property is forested. The Applicant's single family dwelling is located outside of the forested area in the northeastern portion of the property. 3.2 Surrounding Uses: East: Woodlands and Rural residences North: Agricultural land West: Private gun club, Agricultural land and a portion of the Harmony Black Farewell Creek Wetland Complex South: Agricultural land Photo taken 27Aug09 REPORT NO.: PSD-049-10 PAGE 4 , ~- - ~~- _~~ ~ ~ ` ~ \`, ~ `, ~' ``` . ~ \ , Proposed ,~. 401- 4D7 / ~ ~, ,, Alignment ~ ~ ~~a, ~~ & _ ~~ - ( ,.~ ~~ I ~` Subject ~ ~ ~;~'~ ~Q,~~;~~ ~ .~ Pro ert ~ ~ !~`~~~, p Y .~ ~NA ~~ MPTON ~ r G. ~_ ~~ ( (/ ,,,~ ,~ TAUNTON ROAD ~T, Pad ~ y's Market ~~~ _J 1---~ The ~~- Marksmen `L Club I ~~ ~ -- 4.0 PROVINCIAL POLICY 4.1 Provincial Policv 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 demonstrated need; • there are no reasonable alternative locations; and • no alternative locations with lower priority agricultural lands. The applicant has satisfied these tests. REPORT NO.: PSD-049-10 PAGE 5 4.2 Greenbelt Plan This application was submitted prior to the introduction of the Greenbelt Act. It was also 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. Transition policies included in the Greenbelt Act, 2005, provided 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. 4.3 Growth Plan This application was submitted prior to the introduction of The Growth Plan for the Greater Golden Horseshoe (Growth Plan) on June 19, 2006. Transition policies included in the Growth Plan provided that planning applications made before June 16, 2006, were not required to conform to the Growth Plan. As such, this application for an Official Plan Amendment and Rezoning are not subject to the provisions of the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject site as "Prime Agricultural Area". "Prime Agricultural Areas" are to be used primarily for agriculture and farm- related uses. On June 24, 2009, Durham Regional Council adopted Amendment No. 130 to the Durham Regional Official Plan, to permit a golf driving range and accessory uses on the subject site. The proposed Zoning By-law amendment will further conform to Amendment No. 130 and is permitted t,y the Durham Regional Official Plan. 5.2 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. On June 1, 2009, Council adopted Amendment No. 67 to the Clarington Official Plan, to permit a golf driving range ,mini-putt, associated storage facility and clubhouse, in addition to the existing residential dwelling, on the subject site. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1)". Permitted land uses in this zone are predominantly limited to agricultural uses. The current zoning does not permit the proposed use, hence the need for an amendment to the comprehensive Zoning By-law. REPORT NO.: PSD-049-10 7.0 SUMMARY OF BACKGROUND STUDIES PAGE 6 7.1 As the Applicant had studies prepared in support of both a Durham Regional Official Plan amendment. as well as a Clarington Official Plan amendment and Rezoning, the Applicant opted to follow the Region of Durham's study preparation method. The Applicant hired his own consultants to prepare the necessary studies which were then peer reviewed, at the expense of the applicant. 7.2 A Planning Rationale Report was originally prepared by The Biglieri Group Ltd., April 2003.. The Planning Rationale Report was later revised during November, 2009. The Planning Rationale Report was reviewed by Municipal and Regional Staff. The Planning Rationale Report reviewed the Applicant's proposal against all relevant Provincial, Regional and Municipal requirements and offered the opinion that the proposal represents sound planning. The Planning Rationale Report states that the proposed use will complement existing recreational uses in the vicinity, will not inhibit the operations of farms in the area and would be unable to locate on any better suited land in the area. In addressing the requirements of the Provincial Policy Statement the Planning Rationale Report states that the Region of Durham and the Municipality of Clarington are under serviced for golf courses and golf driving ranges thereby establishing a need for the proposed use. The Applicant's consultant suggests that no other suitable locations could be located within the area which could better accommodate the proposed use. The Applicant's report goes on to claim that the site could be easily converted back to agricultural production due to the minimal disruption created by a golf driving range and its associated uses. The Durham Regional Planning Staff and the Municipality of Clarington Planning Services Staff both accepted the findings of the Planning Rationale Report. 7.3 An Agricultural Assessment Report was completed by VDV Consulting on January 23, 2003. The Agricultural Assessment Report was peer reviewed by DBH Soil Services Ina The Applicant's Agricultural Assessment Report states that while the soil capability is high, the site's size (16.6 ha, of which approximately 2 ha is forested) and the absence of existing agricultural infrastructure preclude this property from establishing a viable commercial-scale crop farm operation similar to those in the area. The site's proximity to existing residences in the area, inhibits the site's ability to accommodate livestock facilities while complying with the Provincial requirements for Minimum Distance Separation (MDS) and Nutrient Management. The Applicant's Agricultural Assessment Report further states that the originally proposed clubhouse and storage facility would be portable allowing for its easy removal in the event that the driving range use should cease in the future. (The Applicant has since indicated that the clubhouse and storage facility will be permanent structures). REPORT NO.: PSD-049-10 PAGE 7 In conducting research of local farmer's for the Agricultural Report, the Applicant's consultant received a number of concerns including: • The possibility of future complaints that may be lodged by the driving range owner, or his customers, against the farmers operating in the surrounding area; • The loss of good agricultural land; • The increase of traffic on Taunton Road; and • The potential damage caused by golf balls. The Applicant's Agricultural Report provides an overview of these concerns and lists how these items have already been. addressed or will be accounted for through the Site Plan approval process. The peer reviewers accepted the findings of the Agricultural Assessment Report. 7.4 An Environmental Impact Statement (EIS) was prepared by Watershed Management Ecology on June 2007. The EIS was reviewed by the Central Lake Ontario Conservation Authority. The EIS evaluated the current proposal with respect to natural features present both on the subject property as well as on adjacent properties. This included an evaluation of the potential impacts on the Provincially Significant Black-Farewell Creek Wetland Complex partially located on the neighbouring property along the west side of Holt Road. 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 both the subject and adjacent properties. The peer reviewers accepted the findings of the EIS. 7.5 An Hydrogeological Study was prepared by Mitz & Associates Inc. on November 2006. The Hydrogeological Study was peer reviewed by Jagger Hims Limited. The Hydrogeological Study evaluated the Applicant's proposal to determine the suitability of private servicing on the site and the potential impact on natural heritage systems. The report concluded that the site can support private servicing for the development and that there is sufficient groundwater resources to service the development's built form. The shallow aquifer and adjacent wetlands will not be vulnerable to this development. The peer reviewers accepted the findings of the Hydrogeological Study. 8.0 PUBLIC SUBMISSIONS 8.1 Previous comments received in 2003, at the time of the Public Meeting, expressed concern with the conversion of prime agricultural land to recreational land to facilitate a golf driving range. REPORT NO.: PSD-049-10 PAGE 8 9.0 AGENCY COMMENTS 9.1 The Region of Durham has confirmed that the proposed Zoning By-law amendment will conform to Amendment No. 130 to the Durham Regional Official Plan and therefore have no objection, in principle, to this proposal. However, the Region of Durham have offered a number of comments related to the installation of a private waste disposal system and required road widenings along Taunton Road and at the intersection of Taunton Road and Holt Road. Staff will ensure that these comments are satisfactorily addressed through the Site Plan approval process. 9.2 The Central Lake Ontario Conservation Authority and Clarington Engineering Services have both advised that they have no objection, in principle, to this proposal. Both of these agencies have reserved the right to comment further on the application at the Site Plan stage. 9.3 The Ministry of Transportation has stated that they have no objection to the Applicant's proposal as it relates to the planned link between Highway 401 and the proposed extension of Highway 407. 10.0 STAFF COMMENTS 10.1 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. Through the preparation of the various studies and associated peer reviews, these "tests", set by the Provincial Policy Statement, the Regional Official Plan and the Clarington Official Plan have been met as noted in the table below. 10.2 The PPS provides opportunity for consideration of new non-residential development in a prime agricultural area subject to satisfactory justification that includes: 2.1.3c)1.~ demonstrated need for Planning Rationale Report, prepared Yes the designation of additional lands by The Biglieri Group Ltd., revised to accommodate this use; November 2009. These reports were reviewed by Munici al and Re tonal Staff. 2.1.3c)2. that there are no Planning Rationale Report, prepared Yes reasonable alternative locations on by The Biglieri Group Ltd., revised land not identified as prime November 2009. agricultural area; These reports were reviewed by Munici al and Re tonal Staff. 2.1.3c)3 that there are no Planning Rationale Resort, prepared Yes reasonable alternative locations in by The Biglieri Group Ltd., revised prime agricultural areas with lower November 2009. priority agricultural lands. These reports were reviewed by Munici al and Re tonal Staff. REPORT NO.: PSD-049-10 PAGE 9 10.3 The Clarington Official Plan also provides that golf courses(driving ranges) may be permitted in Agricultural Areas (located off of the Oak Ridges Moraine) provided that: a) there is a demonstrated need Planning Rationale Report, prepared Yes for such a facility in an by The Biglieri Group Ltd., revised agricultural designation and November 2009. there are no alternative sites in These reports were reviewed by the Green Space or Waterfront Municipal and Regional Staff. Greenway designations; b) it is not located on high Agricultural Review of Proposed Golf Yes capability agricultural lands; Driving 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 Agricultural Review of Proposed Golf Yes Distance Separation Formulae; Driving Range & Associated Development, prepared by VDV Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. d) it does not adversely impact the Agricultural Review of Proposed Golf Yes .ability of surrounding Driving Range & Associated agricultural operations to carry Development, prepared by VDV on normal agricultural practices; Consulting, dated January 23, 2003. This report was peer reviewed by DBH Soil Services Inc. e) it does not impact significant Hydro-geological Study, prepared by Yes natural features and minimizes Mitz & Associates Inc., dated impacts on watercourses, November 2006. groundwater resources or other This report was peer reviewed by environmentally sensitive Jagger Hims Limited. features; Environmental Impact Statement LEIS), prepared by Watershed Management Ecology, dated June 2007. This report was peer reviewed by the Central Lake Ontario Conservation Authority. REPORT NO.: PSD-049-10 PAGE 10 f) it does not use quantities of Hvdro-geological Study, prepared by Yes ground or surface water for Mitz & Associates Inc., dated irrigation purposes that exceed November 2006. the standards of the Ministry of This report was peer reviewed by the Environment, Ministry of Jagger Hims Limited. Natural Resources and the This report was also reviewed by the Conservation Authority; and Central Lake Ontario Conservation Authorit . g) it is individually serviced with a Hvdro-geological Study, prepared by Yes private sewage disposal system Mitz & Associates Inc., dated and private drilled well which November 2006. complies with the standards of This report was peer reviewed by the Ministry of the Environment Jagger Hims Limited. and the Region. This report was also reviewed by the Central Lake Ontario Conservation Authorit . 10.4 The proponent has completed the necessary steps to address the requirements of the Official Plans and the PPS. Site specific technical agency requirements will be addressed through the Site Plan approval process. 10.5 Traffic At this time, Holt Road is a municipally open and maintained road for approximately 170 metres north of Taunton Road. At present only the subject site and the private gun club to the west have frontages served by this portion of road. Discussions are ongoing between the Municipality and the Ministry of Transportation regarding the possibility of having Holt Road constructed and opened between Taunton Road anc Concession Road 6 as a result of the construction of the Highway 407 link. Should this occur, it would provide a secondary access route to the subject property via Concession Road 6 thereby reducing the overall traffic impact on Taunton Road. 10.6 Accessory Uses In conjunction with many golf driving ranges is a variety of accompanying, accessory uses. Those uses which have been deemed to be accessory to the operation of a golf driving range include: a clubhouse (consisting of a restaurant and apro-shop), indoor golf amusements (i.e. practice swing bays, golf related electronic games) a miniature golf course (a.k.a. mini-putt), practice putting greens, practice chipping areas, associated offices and related storage facilities. The Planning Rationale Report identifies uses accessory to a golf driving range to also include: a 6-9 hole practice course as well as pitching and batting cages. Staff do not consider these uses to be accessory to a golf driving range. REPORT NO.: PSD-049-10 PAGE 11 As the operation of a golf driving range is seasonal in nature (approximately 7 months according to one of the Applicant's studies) so to are the operations of the accompanying accessory uses of a golf driving range. Since the operations of the Applicant's golf driving range shall be during daylight hours only, the operations of the accompanying accessory uses should also be restricted to these same hours of operation. The operation of any of the accessory uses during hours or dates when the golf driving range is no# operating shall be in direct contravention to the intent of the By-law attached to Report PSD-049-10. In order to remain clearly secondary to the principal use (a golf driving range) on the subject property the size of accessory uses will be limited. As part of the initial phase of develppment, the Applicant has proposed the construction of a 223 m2 clubhouse facility to accommodate a restaurant, pro-shop, offices and storage area. In a later phase, the Applicant has proposed expanding the building by a further 149 mZ. It is Staff's opihion that at this time, the phase 1 proposal (a 223m2 clubhouse -complete with a pro shop, offices, storage area and a snack bar/canteen but not a restaurant) is appropriate. 10.7 Parking The Applicant's Planning Rationale Report has indicated that the golf driving range will be designed to accommodate a maximum of sixty (60) golf tees at one time. Due to the properties distance from the nearest settlement area and the absence of pedestrian or cycle connections it is highly likely that almost all patrons of this business will travel to this property via private automobile. As a result, a minimum of sixty (60) parking spaces should be provided. The maximum size of the parking area will be addressed through the Site Plan Review Process: 11.0 CONCLUSIONS 11.1 Due to the limited agricultural potential of the site and due to the negligible impact on .the surrounding properties, the Applicant has stated that it is necessary to amend the Zoning By-law to permit a proposed golf driving range. 11.2 Taking into consideration all of the public and agency comments received, in conformity with the amendments to the Durham Regional Official Plan and the Clarington Official Plan and based on a thorough review of the Applicant's proposal, it is respectfully recommended that the application to amend Zoning By-law 84-63, to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling, be approved and that the By-law listed as Attachment 2 to Report PSD-049-10 be passed. REPORT NO.: PSD-049-10 PAGE 12 Staff Contact: Paul Wirch Attachments: Attachment 1 -Key Map Attachment 2 - By-law List of 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 Durham Regional Planning MPAC Donna Fraser Stuart Glaspell Gerd & M.J. Haagmans Anne Kraljevic & Dianne Alilovic Linda Leszczynski~ Marksmen Club Jody McKeen Oshawa Vikings Rugby Club Cornelius & Hubertha Van Wees Santino Visconti Wayne & Barbara Wells Attachment 1 To Report PSD-049-10 C ~ y c i~ m ~/ E ._ E c A ~ ~ C ;, O r d l0 O 'r_ a C E p !3 O 0 ~ Q ~ o N R N ~ c o m T M ~ a ~ N V1 ,• N o M c .. 3 a p ~ ~ _ 1 ~,.. ,~~ 3 ., ., F.A, ~ o „ ro: n: ,_, °i 1 a -. .- .- .. 0 _ ~, .,,. _ ~~ .. ..,. .L.. d ... _., ~:..:~ w ~ a ,.„...,.... ., . . _~ U 9 ' ~ -~~_~~_~-_ •~. • . GoV Driving AaB<Pmai g ~ Z ~ ~~ ~~----.1~-~i~F L P v ~ 4 0 f? _~ 1 C 3 ~ F: LL ~ O ~ 1 ' ~~ GO1: F DRI VING RANGE Imsme G°iF w . = ~~ ~ 1 F-' e JCOy 35% 2[Oy I IS% 4Wy _ b ^• ? .: f i 1 1 \ ~' U ~ I PYy ~me l ... ~ ` ___ _ --cul(unrn Pencins /e! - S9 ~ ~~ ~ x, emu... a un vie mvua~ ! ° ~ ~ E a ~ai r~iu ~v.-xex• ~ C «. ,...a ti....n f I~1 g M 111 n va.~ 2~ o avoa wm~nvo~w g U ~ r d N Z = ~ ° g & __ z z Y Z avoa l~oH Attachment 2 To Report PSD-049-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- 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 2003-0016; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 6.4.25 "AGRICULTURAL EXCEPTION (A-25) ZONE" is hereby added as follows: 2. "6.4.25 Notwithstanding the provisions of 3.13 c., e., f., 3.16 a., 6.1 and 6.3 those lands zoned "A-25" on the attached schedule to this By-law, in addition to the permitted residential uses, shall be used in accordance with this By-law and the following zone definitions and regulations. a Definitions "Golf Driving Range' shall mean an outdoor facility operated for the purpose of developing golfing techniques. Uses accessdry to a golf driving range include a miniature golf course and a clubhouse. A golf course and an indoor golf driving range are not accessory to a golf driving range. "Club House Facility" shall mean a 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 alounge/recreation area. b. Permitted Non-Residential Uses i) Golf Driving Range c. Regulations for Non-Residential Uses Lot Area (minimum) 16.6 ha Lot Frontage (minimum) 220 metres iii) Yard Requirements for a Clubhouse a) Front Yard (minimum) 50 metres b) Front Yard (maximum) 150 metres c) Interior Side Yard (minimum) 30 metres d) Exterior Side Yard (minimum) 50 metres e) Rear Yard (minimum) 15 metres iv) Building Floor Area for a Clubhouse (maximum) 225 sq.m. v) Lot Coverage 2% vi) Building Height (maximum) 10.5 metres vii) Loading Space Requirements a) Loading Space Size (3 metres x 7.5 metres) 1 space b) A required loading space may be located in a front yard provided that it is located a minimum of 20 metres from any street line. c) A required loading space is not required to be located abutting a building or structure. viii) Parking Requirements for a golf driving range 60 parking. spaces (minimum) 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-25) Zone" "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone" 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 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of .2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. ® Change From "A-1" To "A-25" Change From "A-1"To "EP" i Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk I DARLINGTON I ZBA