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HomeMy WebLinkAboutPD-14-98,, ~N:oevs~oss.cPnTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #~ I~ ~-~• `~~ ~, ~ Date: Monday, February 2, 1998 Res. #~P t'-1_~~- ~ Report #: PD-14-98 File #: DEV 97-059 By-law # 7d ~~~ Subject: REZONING APPLICATION APPLICANT: QUARRY LAKES GOLF AND RECREATION CENTRE PART LOTS 13 AND 14, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON 3075 REGIONAL ROAD 57 FILE NO.: DEV 97-059 (X-REF: COPA 97-010) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-14-98 be received; 2. THAT application to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended, submitted by Quarry Lakes Golf and Recreation Centre Inc. on behalf of 667433 Ontario Ltd. to permit the establishment of a Golf Driving Range, Mini-Putt, and maintenance office/club house be APPROVED. 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending By-law be forwarded to the Region of Durham Planning Department; 5. THAT the "H" -Holding symbol in the amending by-law not be removed until such time the applicant has entered into a site plan agreement with the Municipality; and 6 THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Quarry Lakes Golf and Recreation Centre Inc. 1.2 Owner: 667433 Ontario Ltd. 1.3 Rezoning: from "Extractive Industrial (M3)"town appropriate zone to permit the development of a driving range, mini putt, and club- house/maintenance office. 1.4 Total Land Area: 30.26 ha 649 REPORT NO.: PD-14-98 PAGE 2 2. LOCATION 2.1 The subject property has approximately 572 metres (1877 ft) of frontage on the east side of Regional Road 57, south of Concession Road 4, and 148 m (485 ft) of frontage on Middle Road. The property is further described as being in part Lots 13 & 14, Concession 3, former Township of Darlington. 3. BACKGROUND 3.1 Applications were received July 31, 1997, by the Planning Department for both an amendment to the Clarington Official Plan, and the Municipality's Zoning By-law. The application for Official Plan Amendment is to permit a proposed 18 hole, par 3, golf course in the Green Space designation. The rezoning application is for the driving range and mini-putt, which are considered to be passive recreational uses and are permitted without amendment to the Official Plan in the Green Space designation. A site plan application has yet to be filed. 3.2 In accordance with Section 4.3.8 of the Clarington Official Plan an Environmental Impact Study (EIS) is to be undertaken where lands subject of an application are within or adjacent to a natural feature as identified on Map C of the Clarington Official Plan. The subject lands are located within the Lake Iroquois Beach and are impacted by tableland woodlots. In accordance with the guidelines approved by Council, Draft Terms of Reference for the EIS were prepared, and a consultant from the list of approved consultants was selected. 3.3 At the request of the applicant the EIS was done in a phased approach. In the first phase, the consultant, considered whether the rezoning component (driving range and mini putt) could proceed without a full review of environmental issues. Phase 2 would entail the more detailed environmental impact study and recommendations or revisions. A summary of the consultants Phase I findings is contained in Attachment No. 3. 3.4 The applicant has been doing a considerable amount of earth moving and site grading in anticipation of Council's support for the applications. The lands are outside the ~~J~ REPORT NO.: PD-14-98 PAGE 3 Conservation Authority's regulated area, and in as much as the Municipality does not have a soil removal and grading by-law in place, there was little that could be done to stop the earth moving activity. The applicant also started to remove some trees from the south east corner of the property, where holes 14, 15 and 16 are planned. The Municipality's By-law Enforcement Officer issued an Order to Stop under the Municipality's Woodlot Preservation By-law. Staff are not aware of any further tree removal occurring on site, since the Order was issued. 3.5 In September, Council approved Procedures for Assessing the Potential for Site Contamination and Requirements for Restoration. These were prepared as result of downloading of provincial responsibilities from the Ministry of the Environment and Energy to the Municipalities, and were required to be submitted with all new development applications. 3.6 While completing the site screening questionnaire, earth filling was noted as having occurred on the site. This triggered the requirement for a Phase 2 assessment to be completed. The Phase 2 Assessment, submitted by Gibson & Associates, stated that there is no soil contamination related to the new imported fill material on site. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: The subject property is vacant. The lands are a former gravel pit and are characterized by a large pond on the narrow portion, east half of the lot. The north property line and the south west corner are each covered with a woodlot. 4.2 Surrounding Uses: East - limited residential fronting on the west side of Middle Road and the Bowmanville Golf and Country Club West - existing estate residential subdivisions west of Regional Road 57. South - limited residential North - vacant scrub lands - b51 REPORT NO.: PD-14-98 PAGE 4 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Regional Official Plan the subject property is designated Major Open Space. The predominant use of land within this designation shall be for conservation, recreation, reforestation and agriculture and farm-related uses. The establishment of golf courses requires an amendment to either the Regional Plan, or a local Official Plan if one exists. 5.2 Within the Clarington Official Plan the subject lands are designated Green Space on Map A. Lands within the Green Space designation shall be used primarily for conservation and active or passive recreational uses. Agricultural and farm-related uses are also permitted. Golf courses may be permitted by amendment to the Plan in accordance with specific policies. Regional Road 57 is identified as a Type A arterial on the Transportation Schedule. 5.3 Map C of the Clarington Official Plan identifies the approximate location of known natural features and land characteristics. Section 4.3.8 states, "An Environmental Impact Study shall be undertaken for development applications located within or adjacent to any natural features identified on Map C." The subject property is located within the Lake Iroquois Beach and contains a tableland woodlot. As noted in Section 3 above, Phase I of the E.I.S. for the development has been completed. 6. ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Extractive Industrial (M3)". This zone would not permit the proposed development, hence the application. 7. PUBLIC MEETING AND SUBMISSION 7.1 A Public Meeting as required under the Planning Act was held for the rezoning application on September 22, 1997. Three people spoke at the meeting in objection or with concerns related to the application. The issues raised included: • impacts on the environment and wells from fertilizers T E3rJ~ REPORT NO.: PD-14-98 PAGE 5 • loss of privacy • competition for existing golf course business across Middle Road 7.2 Area residents who contacted the Planning Department with respect to this application, also raised issue of impact on ground water and neighbouring wells, and removal of trees from the site. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. Clarington Fire Department has advised they have no objection to the proposal as submitted. 8.2 The Clarington Public Works Department had no objection to the proposed zoning by- lawamendment and provided comments with respect tograding/drainage and parkland dedication which will be addressed through the site plan approval stage. 8.3 Regional Planning Staff provided a co-ordinated response for the Region of Durham including Regional Works and Regional Health comments. i) Regional Planning The subject lands are designated Major Open Space in the Durham Region Official Plan, and a local Official Plan amendment is required for a golf course. Furthermore Section 2.3.17 requires an environmental impact study to be completed for applications in proximity to environmental sensitive areas. ii) Regional Health Private wells and waste disposal systems are the only feasible method of servicing. Site conditions are suitable for private sewage disposal ,however positive comments from the Ministry of the Environment with respect to their Reasonable Use policy are required prior to development of the site. - 653 REPORT NO.: PD-14-98 PAGE 6 iii) Regional Works The property fronts on Regional Road 57, a type A arterial. A minimum Right-of- Way of 36 metres is required, therefore a 3.05 m road widening will be required from the applicant. In addition, further review of entrance access and location of holes No. 10 & 11 will be required through site plan submission as holes 10 & 11 appear to be situated very close to Regional Road 57. 8.4 The Central Lake Ontario Conservation Authority staff have verbally advised that they have no objection, in principle, to the rezoning for the driving range and mini-putt facility. They will review the site plan submission for detailed comments. 9. STAFF COMMENTS 9.1 As noted in Section 2 of this report, the applicant has submitted both an Official Plan Amendment application, as well as a rezoning application. The applicant and his agent have requested staff to process the driving range and mini-putt components of the proposal immediately, while the official plan amendment, for the golf course is being processed. The driving range and mini-putt component of the proposed development do not require an Official Plan Amendment. 9.2 The Phase I of the EIS has determined that the driving range component and mini-putt can proceed. The subject lands are within the Lake Iroquois Beach, as a result the issue of ground water impact was key to the environmental review in Phase I. The applicant has advised that there will be no fertilizer applied to the driving range and no irrigation, as a result nitrate loading of the ground water is not an issue for this aspect of the development. However, nitrate loading for the overall proposed development remains an important consideration for the EIS. Phase II of the EIS is expected to be completed later this month. A deep aquifer well is to be used for the domestic water of the maintenance office/clubhouse. No well interference is expected. 9.3 The proposal fronts on a type A Regional Road, therefore traffic concerns are not expected from the proposal. With respect to impact to adjacent properties, the lands to b54 REPORT NO.: PD-14-98 PAGE 7 the north are currently vacant. The driving range as proposed is setback about 70 metres from the property to the south, and is significantly removed from the properties on Middle Road. 9.4 In consideration of the findings of the EIS to date, and the comments from the circulated agencies, the application to rezone the subject lands for a driving range and mini-putt is supported, with the specific comments of the circulated agencies being addressed prior to site plan approval. 10. CONCLUSION 10.1 In consideration of the foregoing, it is recommended that Committee and Council approve the zoning by-law amendment to permit the golf driving range and mini-putt, and that the holding symbol be removed by By-law at such time a site plan agreement has been executed. Respectfully submitted, Reviewed by, ~~ Y Gt-w- (:~~C_ ~ ~ ~ Franklin Wu, M.C.I.P., R.P.P. W.H. t ckwel Director of Planning Chief Administrative and Development Officer CP*FW*df 27 January 1998 Attachment No. 1 -Key Map Attachment No. 2 -Site Plan Attachment No. 3 - Phase I E.I.S. Summary Attachment No. 4 - By-law 655 REPORT NO.: PD-14-98 PAGE 8 Interested parties to be notified of Council and Committee's decision: Sharon Barnoski Terry Cochrane 6 Craig Court 3548 Middle Road BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1 C 4H6 L1 C 3K2 Norm Boyce David Lee 3 Buttery Court Bowmanville Golf and Country Club BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1 C 4H7 Li C 3K2 Quarry Lakes Golf & Bob Craig Recreation Centre Inc. 4100 Liberty Street North c/o Norm Bowker BOWMANVILLE, Ontario 3 Saunders Avenue L1 B 3K6 BOWMANVILLE, Ontario Li C 2A6 Vinny Cinquemani 3548 Middle Road Harvey Cooper BOWMANVILLE, Ontario 237 Furnace Street L1 B 1 L9 COBOURG, Ontario K9A 2E9 Richard Bouma R.R.#1 G.M. Sernas & Associates Ltd. BOWMANVILLE, Ontario 220 Scotia Court, Unit 41 LiC 3K2 WHITBY, Ontario Li N 8Y7 667433 Ontario Limited c/o Box 39 BOWMANVILLE, Ontario L1 C 3K8 Nancy Whitehead 8 Jane Avenue COURTICE, Ontario Li E 2H9 Don Hargest 8 Buttery Court BOWMANVILLE, Ontario Li C 4H7 b56 ATTACHMENT NO. 1 ® SUBJECT SITE LOT 15 LOT 14 LOT 13 LOT 12 ~~ CONCES ION RD. 4 ~ = ', ~ ~ i r~ -- Q ~ ~~ O -- ~ ~ ~ U7 -~-~ ~ w U ' O U _ ~ ' ~~ _ ~ L- ~-- _. i _~ N' SH ~, ~~ RAOD ~~T CONCESSION RD. -~~~ ~ DARLINGTON D EV. 9 7- 0 5 9 KEY MAP C 0 PA. 9 7 - 010 657 s- _~. - g n a" `" 6o^~r5 - (A: ~~$ oa .. ~ ATTACHMENT N0.2 ~!®~ g ~! ~„ ' W ~€ Y ~. ii <~ iii~'~ O _______ OHOLJ 3-IOOIYV - - ---- _ ------------------------------ r-,, ^ ~• {f ~. i i I 1 ~= A j, O §G6~~~RS9K~~~ ~ ~ c y ~; ° i Q o_nnvv~mpo ° ~~ ~ O ~_....__ { 1 ~, s ~ ~.~ P~ °~~ ~ ~~;'s ~ ~ n i i i >~ ` M -f .~~ L 1 ~- ~^ \ Mi ~ ~ ~ ` d \• . \ \ ~~ o ~ ~ V - - - - - ~~ ~i F.3-_ _. _...._. .. ~ ' --- - ---- ---- _ _ ----- ~_~. -~--1--~-~-.~.__r _y-~_=_~ = _------ LS 7oNT O`d021 -1KN0!°J321 -----------------_ I I ~ v coils ~axoa Ot10N Nlt 2JNW I I c~ poi - 658 ~~ beak international ~ incorporatetl 14 Abacus Road Tel (805) 794-2325 Brampton,Ontario Fax (905) 794-2338 Canada L6T 5B7 t-800-361-BEAK (2325} ATTACHMENT NO. 3 26 January 1998 Mr. C. Pellarin, M.C.I.P., R.P.P. Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Reference: Quarry Lakes Dear Carlo: Further to our recent meetings uid follow up discussions, this will confirm that ll~e driving range. club house and mini-putt can proceed from an environmental. perspective, as located on the plan stamped received 29 July 1997, and on the condition that no fertilizer ox irrigation programs are undeztaken. Should you have any questions, please feel free to call either myself or Dave Maunder at Aquafor. Yours truly, BEAK INTERNATIONAL INCORPORATED ~~ Kevin D. Trimble, M,Sc. Ecosystem Design Specialist KDT:ss cc: D. Maunder b59 ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning by-law of the former Corporation of the 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 former Corporation of the Town of Newcastle to permit the development of a driving range, mini-putt and maintenance office/clubhouse (DEV 97-059). 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 6.4.58 as follows: "16.4.58 AGRICULTURAL EXCEPTION (A-58) ZONE: Notwithstanding the provisions of Section 6.1, 6.2 and 6.3, those lands zoned (A-58) on the Schedules to this By-law shall only be used subject to the following zone regulations: a) Permitted Uses i) a golf driving range facility; ii) a maintenance office/clubhouse b) Regulations -Miniature Golf i) front yard (minimum) 3 metres c) Regulations -Buildings i) front yard (minimum) 35 metres For the purpose of this section, Golf Driving Range is defined as a facility for the purpose of developing golfing techniques, including miniature golf, but excluding gclf courses. 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Extractive Industrial (M3)"to "Holding -Agricultural Exception ((H) A-58)" 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 t 998 BY-LAW read a second time this day of 1 ggg, BY-LAW read a third time and finally passed this day of tggg. MAYOR 6 ~ O CLERK ' This is Schedule "A" to By-law 98- passed this day of 1998 A.D. 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