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HomeMy WebLinkAboutPD-104-98-°' -. DN: PD-104-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File #~Iy7e, , ~. 04(0. Date: Monday, September 21, 1998 Res. #GPq -~9~-9 ~ Report #: PD-104-98 FILE #: DEV 98-046 & COPA 97-006 By-law # Subject: CLARINGTON OFFICIAL PLAN & ZONING BY-LAW AMENDENT APPLICANT: PETER, MATINA, JOHN & SPERO SOTIRIADIS PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE NO.: DEV 98-046; COPA 97-004 (X-REF: ROPA 97-006) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-104-98 be received ; 2. THAT application to amend Zoning By-law 84-63, as amended, and the application to amend the Clarington Official Plan, as amended, submitted by Barry Jones on behalf of Peter, Matina, John and Spero Sotiriadis, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT Durham Region Planning Department and all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Barry Jones, New Castle Drafting 1.2 Owner: Peter, Matina, John & Spero Sotiriadis 1.3 Clarington Official Plan Amendment: from Prime Agricultural Area and Environmental Protection to a designation appropriate to permit the establishment of a golf driving range and miniature golf course. 1.4 Regional Official Plan Amendment: from Permanent Agricultural Reserve to a designation appropriate to permit the establishment of a golf driving range and miniature golf course. 617 REPORT NO.: PD-104-98 PAGE2 1.5 Zoning Amendment: from Agricultural Exception (A-1), Environmental Protection (EP) and Special Purpose Commercial (C4) to a zone appropriate to permit the establishment of a golf driving range and miniature golf course. 1.6 Area: 13.9 ha 2. LOCATION 2.1 The subject lands are located in Part of Lot 28, Concession 3, former Township of Clarke. The property is referred to as 3211 Highway 35/115. It is located on the east side of Highway 35/115. 3. BACKGROUND 3.1 On April 24, 1997 an application to amend the Clarington Official Plan was submitted to permit the establishment of these uses on the site. On March ~R 1997, the Planning and Development Department received correspondence from the Region advising that they had received a Regional Official Plan Amendment Application to permit this proposed use. 3.2 On June 25, 1998 Staff received an application to amend the Zoning By-law to permit a golf driving range and a miniature golf course on the subject lands. 4. EXISTING AND SURROUNDING USES 4.1 Existing Use: existing residence and barn. The remainder of the lands are vacant. 4.2 Surrounding Uses: North - Clarke High School, Pines Senior Public School and Agricultural uses. South - Agricultural uses East - Agricultural uses West - Highway 35/115, Agricultural and existing commercial uses. 61~ REPORT NO.: PD-104-98 PAGE 3 5. PROVINCIAL POLICY STATEMENT 5.1 In making planning decisions, Council must have regard for the Provincial Policy Statement. The Provincial Policy Statement in Section 2.1 states "Prime Agricultural areas will be protected for agriculture. The Policy Statement is very clear in the protection of Prime Agricultural Areas, stating that "An area may be excluded from prime agricultural areas in 3 situations only. These are: i) an expansion of an urban area or rural settlement area; ii) extraction of mineral resources; and, iii) limited non-residential uses provided that: a) there is a demonstrated need for additional land to be designated to accommodate the proposed use; b) there are no reasonable .alternative locations which avoid prime agricultural areas; and c) there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands." The Policy Statement identifies the permitted uses and activities in Prime Agricultural areas as being agricultural uses, secondary uses and agriculture•related uses. Secondary uses are defined as: "uses secondary to the principal use of the property, including home occupations, home industries, and uses that produce value-added agricultural products from the farm operation on the property." 6. OFFICIAL PLAN POLICIES 6.1 The Durham Region Official Plan designates the subject lands "Permanent Agricultural Reserve". Lands so designated shall be used primarily for agricultural purposes. 6.2 Within the Clarington Official Plan, the subject lands are designated "Prime Agricultural Area" and "Environmental Protection". Lands designated "Prime Agricultural Area" shall be used for farm purposes. b19 REPORT NO.: PD-104-98 PAGE 4 6.3 The goal and objectives of the Agricultural policies within the Clarington Official Plan are very clear in their support of the preservation of agricultural land. The objectives include, among other things, "to preserve high quality agricultural lands for farming purposes", "to promote stewardship of agricultural lands for future generations", and "to direct non-farm uses to settlement areas". 6.4 The Environmental Protection designation reflects the tributary located on the south portion of the lands. The proposed use will be located some distance from the tributary. 7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural Exception (A-1)", "Environmental Protection (EP)" and "Special Purpose Commercial (C4)". Farm uses shall prevail on lands zoned "Agricultural Exception (A-1)". The lands zoned "Environmental Protection (EP)" surround a tributary which is in the southern portion of the subject parcel. The lands zoned "Special Purpose Commercial (C4)" are situated directly adjacent to Highway 35/115. The C4 zone permits retail uses such as restaurants, fruit and vegetable outlets, garden or nursery sales and supply establishments and motor vehicle sales. 8. PUBLIC PARTICIPATION 8.1 In accordance with the requirements of the Planning Act, notice was given as follows: • Public Meeting signs for the revised application were installed on the site; and • Written notice was circulated to all assessed property owners within 120 metres of the subject lands and to all interested parties. 8.2 The purpose of this report is to fulfill the public meeting requirement with respect to the zoning by-law amendment. A public meeting was previously held on July 7, 620 REPORT NO.: PD-104-98 PAGES 1997 to address the Clarington Official Plan Amendment application (COPA 97- 004). At that time, no one objected to the application. 9. AGENCY COMMENTS 9.1 Staff circulated the application to a number of agencies. Ontario Hydro and the Municipality of Clarington Fire Department had no objection to the application: 9.2 The Municipality of Clarington Public Works Department have requested that further information be provided. They want information on the location of the teeing area and any on-site berms. They also need to know the general direction of on-site drainage flow and receive verification of written permission from the Ministry of Transportation that the proposed entrance and exit will be acceptable. In addition, the applicant will be requested to pay 5% cash-in-lieu of parkland dedication prior to site plan approval 9.3 The Durham Region Health Department have no objections, but note that the existing restroom facilities located at Ace Submarine cannot be utilized by the golf driving range and miniature golf course customers. Portable restroom facilities must be provided to the satisfaction of the Health Unit. 9.4 The Ganaraska Region Conservation Authority states that they have no objection to the principle of the development. They note that a tributary exists on the site and that this area is regulated under the Fill, Construction and Alteration to Waterways Regulation. They require further information on the grading and the eastern mesh fence. 9.5 The Ministry of Transportation has concerns with respell to access to and from the site. The applicant has met with the Ministry to resolve these concerns. The Ministry is currently awaiting the receipt of final drawings showing the entrance and 621 REPORT NO.: PD-104-98 PAGE 6 exit before they comment further. The Ministry also notes that aBuilding/Land Use Permit and Sign Permit must be issued by the Ministry of Transportation. 10. STAFF COMMENTS 10.1 The applicant wishes to redesignate and rezone the lands to an appropriate designation to support the establishment of a driving range and miniature golf course. A copy of the Official Plan Amendment, as submitted by the applicant, is contained within Attachment #2 to this report. 10.2 According to the Canada Land Inventory Classification Mapping for agricultural soils, the subject site is 80% Class 1 soils, Class 1 soils being recognized as the best agricultural land in Ontario. The remaining 20°k are Class 4 soils. Class 4 soils possess low and fair productivity and may be subject to some topographical constraints. The Class 4 soils on the site are generally associated with the tributary. The applicant has advised Staff that the land has not been used for agricultural crops since the mid 1970's when a horse stable and racetrack were established on the site. The most appropriate way to determine the agricultural capability of the land is to have an agricultural assessment of the property conducted. On September 3, 1998 Durham Region Planning Department requested the applicant to have an agricultural assessment done. 10.3 According to the Provincial Policy Statement, it is Staff's opinion that the application does not meet the exemption for exclusion from Prime Agricultural Areas (see Section 5.1 of this report). 10.4 A dominant theme within the Clarington Official Plan is sustainability. The redesignation of lands designated Prime Agricultural Area which contain high quality agricultural soils and have no serious constraint to farming would be in direct contradiction to the principles and policies of the Official Plan, unless it can be demonstrated that the lands are not viable for agricultural production. 6L~ REPORT NO.: PD-10498 PAGE 7 11. CONCLUSION 11.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended that the applications be referred back to Staff for further processing and subsequent report. Respectfully submitted, Reviewed by, Fran lin Wu, M.C.I.P., R.P.P. Director of Planning & Development W.H. Stoc~Il, Chief Administrative Officer. HB*FW*cc 09 September 1998 Attachment No. 1 - Key Map Attachment No. 2 - Proposed Amendment Attachment No. 3 - Proposed Site Plan Interested parties to be notified of Council and Committee's decision: Peter, Matina, Spero and John 5otiriadis 3211 Highway 35/115 Newcastle, Ontario L1 N 1 L9 New Castle Drafting Barry Jones 76 Baldwin Street Newcastle, Ontario LIB 1H1 b23 SUBJECT SITE OTHER LANDS OWNED BY APPLICANT ATTACHMENT #1 -~_ _~ i ~1 I LO i 27 ~~, ~~ ~ ,1 ~~ ~~ ,, r CONDARY SCHOOL - -- ~- i ~ ~; - ~~NIOR PUBLICS HOOL M CREAK fn U ~ ' Z ;} O ~ U FOc' . , ~ % % n ii I r ~ ~, ~. 1~~~ ~ ~ ~ ALLIN FARM ~~ ~ ~. ~i~ , ; ~ ~ ,~ ~~ -- -- .\ ~~ CONCES~IQN ROA4 3 ~ ~~ ~, ~ CLARKE DEV. 98-046 KEY MAP COPA. 97-004 b~4 ATTACHMENT k2 AMENDMENT NO.-- TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF CLARINGTON bCJ PART A -THE PREAMBLE (This does not constitute part of this amendment) PURPOSE LOCATION & DESCRIPTION BASIS PART B - THE AMENDMENT (Constituting the following text & map designated as Schedule A constitute Amendment No. --- to the Official Plan of the Municipality of Clarington) DETAILS OF THE AMENDMENT bL0 PART A -PREAMBLE (this does not constitute part of this amendment) PURPOSE The Purpose of this Amendment is to incorporate within the Municipality of Clarington Official Plan policies is to allow Recreational Facilities which consists of a Golf Driving Range and Miniature Golf Course on the lands located at the east side of Highway No. 35/115 north of the Village of Newcastle and south of the Village of Orono. The effect of this amendment is to permit a golf driving range and miniature golf course on lands designated Prime Agricultural Area that which otherwise would not be permitted except by amendment to this Plan. LOCATION 8~ DESCRIPTION This amendment would effect approximately 13.88 hectares (34.29 acres) of land legally described as follows: Concession 3, Lot 28, 10R-3083, 3211 Highway No. 35/115 in the Municipality of Clarington in the Regional Municipality of Durham. These lands are located at the east side of Highway No. 35/115 north of the Village of Newcastle and south of the Village of Orono. BASIS The proposed recreational facilities which consist of a Golf Driving Range and Miniature Golf Course is a desirable and compatible use in the area. The majority of surrounding uses are non-farming activities and are of a commercial nature. The Golf Driving Range and Golf Miniature Course are also of a commercial/recreational nature and are compatible with surrounding features. The impact of these recreational facilities on the agricultural land is minimized as the Golf Driving Range and Miniature Golf Course can be viewed as temporary uses. While these recreational uses are temporary in nature the subject property can be reverted back to its original state without much difficulty. The Miniature Golf Course is located entirely within a commercial zone and is a smaller operation that does not require much land. OLI The proposed subject uses are ideally located next to a provincial highway: the provincial highway provides a legal access to the site, generate an abundance of travelling motorists, provides visual exposure and improves the economic This Golf Driving Range and Miniature Golf Course would provide a unique opportunity to enhance the rural economic viability of the Municipality of Clarington and Region of Durham with minimal diversion of the character of this area. The subject property is highly visible from Highway No. 351115. The property is located on the east side of the well travelled provincial highway and located adjacent to existing commercial development. The property has a high level of access and can be easily reached by the travelling public. The proposed recreational uses will complement the existing commercial facilities in the area and represents a logical extension of these existing commercial uses. These recreational uses, due to its size and low intensity of use, would not detract from the agricultural uses along Highway No. 35/115. The proposed recreational facilities would have minimal or no impact to the natural features because of it's location on the subject property. These recreational facilities would serve the immediate community, the existing school's, commuter's, and cottage traffic. The sport of golf is one of the fastest growing industries in Canada today. These proposed recreational facilities would complement this trend. The proposed recreational facilities can be used for people of all ages from the expert golfing professional to the novice player. This proposed amendment reflects the need for these types of facilities in this area. (JLc~ PART B - THE AMENDMENT (Constituting the following text & map designated as Schedule A constitute Amendment No. -- to the Official Plan of the Municipality of Clarington} All of this part of the document entitled PART B -THE AMENDMENT consists of the following text and map designated as Schedule A and constitutes Amendment No. --- to the Municipality of Clarington Official Plan. DETAILS OF THE AMENDMENT The Official Plan of the Municipality of Clarington is hereby amended as follows: Item 1: Section 13.3 -Policies add 13.3.11 -Notwithstanding Section 13.3.4 - a golf driving range and miniature golf course is permitted on the lands legally described as Concession 3, Lot 28, Municipality of Clarington in the Regional Municipality of Durham as shown in Schedule A. b~~ i r~t~~o~n~~ ~o,~~ No_ ~ O c~nc~ ~~ u~'c,an ,=~~:~a ~~ ~~~~ // ~ - / TO PERMIT RECREATIONAL % _ ~ ~~__ USES ,ll-JIC~! rO1o515T5 OF A ~ - itj ~- - GOLF DRNMG RANGE ANC ' - - - ~ M!N!ATURE GOLF GOUR6E. ~ - ~ i; ", ~ LOT 28, CONCESSION 3 ~~~' ~i--~~ ~%/ '388 N.u. i342° AGJ - - _. Schedule "A" Region of Durham Municipality of Clarington '~ Environmental Protection Green Space 0 General Agricultural Area Prime Agricultural Area ~ h rs, 4 ._ f7 J ATTACHMENT M3 LOT 28 V~2°S=~E -a63o vF 9a sue. ~~~~ i 1J i 3~~ I Ii4M.'FN[E_ . 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