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
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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
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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.
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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
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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
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international
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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.
Mayor
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