The URL can be used to link to this page

Home My WebLink AboutPD-186-92 `fFi C®POATION O °T~f °TO O S~ICAS°~LS DN: DEV92006.GPA General Pur ose and Administration Committee ~~e~irt p File .C~ ~ Gate. Tuesday, September 8 , 1992 C-~~ 7 ~ ~ ~ Sy-La~v # Report ° PD-186-92 ~iie ~~DEV 92-006 subject: REZONING APPLICATION - GREEN MARTIN PROPERTIES LTD PART LOT 17, CONCESSION 1 & 2, DARLINGTON FILE: DEV 92-006 Reor~trr~~naftorta It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-186-92 be received; 2. THAT rezoning application DEV 92-006 submitted by Design Plan Services on behalf of Green Martin Properties Ltd., to permit the establishment of a temporary golf driving range, miniature golf course and 100 metre square club house be APPROVED. 3. THAT the amending by-law be passed at such time the applicant has entered into a site plan agreement with the Town. 4. 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: Design Plan Services 1.2 Owner: Green Martin Properties Ltd. ' 1.3 Rezoning: From Agricultural (A) to a zone appropriate to permit the temporary establishment of the proposed Driving Range, Miniature Golf Course, and 100 square metre club house. 1.4 Area: 7.2 hectares 2. LOCATION 2.1 The subject lands are located on the north side of Highway ....2 t. ~ ~ r;; P~P~R ~ RE~Y~.et TI{LS IS PP±NIF.~Q4 REGYC~EO PAPER REPORT N0. PD-186-92 PAGE 2 #2, halfway between Green Road and Maple Grove Road. The lands were cropped (corn) last year and an apple orchard exists on part of the lands. 3 BACKGROUND 3.1 An application for amendment to the Town of Newcastle Zoning By-law and for site plan approval was submitted to the Planning Department on January 27, 1992. The proponent has requested that the lands be zoned to permit the establishment of a driving range, miniature golf course, and 100 square metre club house on a temporary basis (up to a maximum of 3 years in accordance to the Planning Act). 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: agriculture 4.2 Surrounding Uses: East - apple orchard West - existing residential South - lands. subject to development application - residential subdivision North - agricultural and forested area 5 OFFICIAL PLAN POLICIES 5.1 According to the 1976 Durham Region Official Plan, the subject lands are designated "Major Open Space". Recreational uses, among other uses are permitted to locate on lands having this designation. In the 1991 Durham Official Plan, the lands are designated "Living Area". Although the predominant use of lands shall be for residential purposes, this. does not preclude recreational uses which are compatible with their surroundings. 6 ZONING BY-LAW PROVISIONS 6.1 The subject lands are presently zoned "Agricultural (A)". Agricultural and farm related uses shall be the predominant use of lands so zoned. ....3 -~~ -_ ~- REPORT NO . PD-186 -9 2 PAGE 3 6.2 The proponent has applied to have a driving range, miniature golf course, and clubhouse (pro-shop and snack bar) operate temporarily on the subject lands. Section 39 of the Planning Act states that Council may pass a by-law authorizing the temporary use of land, building, or structures for the purpose or use that is otherwise prohibited by the Comprehensive Zoning By-law. If approved, the adopting by-law must state a period of time for which the by-law shall be in effect, and it shall not exceed three years from the day of passage of the temporary use by-law. Upon expiry of the time period as set out in the adopting by-law, Council may grant the temporary use by-law be extended for periods of not more than three years. 7 PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Durham Region Health Unit Central Lake Ontario Conservation Authority Ministry of Natural Resources Ontario Hydro 8.2 The Town of Newcastle Public Works Department have no objection provided that their conditions are met to the satisfaction of the Director of Public Works. These ....4 ~ `.t REPORT NO. PD-7RF-92 PAGE 4 conditions include the following: that any easements required by the Town be granted free and clear of any encumbrances and in a form satisfactory to the solicitor for the Town of Newcastle; that a lot grading and drainage plan which details the conveyance of storm drainage from this site and restricts post development flow to a level satisfactory to the Town the Conservation Authority and the Ministry of Transportation be prepared; that illumination of the site and the proposed access onto Highway No. 2 be provided, and that the a development agreement is entered into with the Town. 8.3 The Town of Newcastle Community Services Department requested that the applicant provide 2% cash-in-lieu of parkland to be credited to the parks reserve account. A landscape plan shall be prepared to the satisfaction of the Community Services Department. This plan shall depict how the parking area can be screened from vehicular traffic and abutting land uses. This plan has not yet been submitted for review by the Town. 8.4 The Town of Newcastle Fire Department requested that detailed drawings be reviewed by the Fire Prevention Officer to ensure compliance with the Ontario Building and Fire Codes. 8.5 The Durham Region Planning Department commented stating that the use proposed, being recreational in nature, complies to the 1976 Durham Region Official Plan. With respect to the 1991 Official Plan, Regional Planners state that although the land is designated "Living Area", this does not preclude the establishment of recreational uses which are compatible with their surroundings. ....4 r , J REPORT NO. PD- 18E~92 PAGE 5 8.6 The Durham Region Works Department has no objection to the application provided that the proposed entrance onto Highway No. 2 has a 7.5 metre throat width and a minimum 9 metre right turn radii. If this application is approved, this department requests that six copies of a detailed site servicing plan be submitted for their review prior to the issuance of building permits. 8.7 The Ministry of Transportation commented that all access will be restricted to one commercial entrance located at the westerly limit of the subject lands. It is required that all buildings be setback a minimum of 14 metres from their property line and that permits are required for any structures to be built within 46 metres of their property boundary. Additionally, a drainage plan showing the intended treatment of the stormwater runoff must be submitted for their review. 8.8 The Ministry of Agriculture and Food stated that they will not support this application until such time as the Region of Durham has provided the Ministry with sufficient justification for the inclusion of these lands within the urban boundaries as proposed in the 1991 Official Plan. However, the application conforms to the designation within the 1976 Durham Region Official Plan and we must have consideration for this document when reviewing development applications. 9 STAFF COMMENTS 9.1 Until such time as the 1991 Durham Region Official Plan is adopted by the Minister of Municipal Affairs, development applications submitted to the Town of Newcastle must adhere to those policies contained within the 1976 Official Plan. In light of this, the proposed application is in conformity with the 1976 Plan. An amendment to the 1991 Plan is not necessary as this proposed use is deemed to be compatible to the existing surrounding uses. ....6 N' s' ,.i REPORT NO. PD-1R6 -92 PAGE 6 9.2 .Staff would note that if this application is approved, the subject site would be.appropriately landscaped including consideration of a "gateway approval-concept" to the site. 9.3 The applicant's consultant has informed Staff that sanitary services will be provided by means of a septic system. Water will also be provided on site. 9.4 The applicant has requested that the Town of Newcastle Comprehensive Zoning By-law be amended to permit a temporary use in the form of a driving range, miniature golf course and 100 square metre club house, on the site. In order to permit a temporary use, a by-law authorizing this use must be passed by Council. Section 39 of the Planning Act deals with Temporary Zoning,.and Section 39 (2) states that the by-law must specify the.time for which the authorization shall be in effect and this time period shall not exceed three years from the date of passing of said by-law. Section 39 (3) allows council to extend the period of time in which the temporary use is permitted. Any further extension(s) requires Council's approval. Council in reviewing such requests have opportunity to assess whether the use has an adverse effect on the surrounding lands. 10 CONCLUSION 10.1 In consideration of the above comments, Staff recommend that this application be approved as a temporary use. A by-law will be forwarded upon execution of the site plan agreement. ....7 .1 _ / REPORT NO. PD-186 -92 PAGE 7 Respectfully submitted, Recommended for presentation to the Committee t ~ ) , Franklin Wu, M.C., I.P. Lawrence E. Ko~~ef~f Director of Planning Chief Administ~at've and Development Officer HB*FW*cc *Attach 12 August 1992 Interested parties to be notified of Council and Committee's decision: Green-Martin Properties Limited 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Design Plan Services Inc 385 The West Mall Suite 303 Etobicoke, Ontario M9C 1E7 Steve Louisek 415 Painted Post Drive Scarborough, Ontario M1G 2M7 ,a t i b N a' Tq6 p M1ry \T6c ,1os ~ ~ + bM1 ' y ? ~ C ~S S '~6` 1 \/l6° l15p a?s.s f / ~ hp / ' A 1~ c-- - / ` 1' _~_J ~e1 / ' I ' ~-~ ~ ~ ~ ' / p i I 1 ' U \ / ~ 1 4T X60 \ r~~ ` `t`_ -7 \ I , 6' ~ \ ?:S~\ II ~55 tEE5 ~ \ Y _ _ ' r16.0 ~ ~ ~ 4 / . 4edAN0.EI~W0 1 y 15 TOTAL AeEA• / E / / ~ J JI I IJ T P OPOSEO HWY. N11. 1 H. ~ ~ O U' I I I7/ A CE55 FOR iBT-B9O~T\ \ C . t % \ ` \ \ ` \ ZSS \ \ ?AO P L A N 1 8 T- 8 8 0 4 7 ~ZE'D • .I ~ KEY PLAN N. r. x i ~ WEST 80WMANVILLE a DEVELOPMENTS FAMILY GOLF CENTER SITE PLA U BOTWMANNLLE- SURJEOT G.M. S~et'nas PROPEF7Y I4 ~1 n~ggpC~atP+S uA. 'iy Z 1 SITE STATISTICS LEGEND CaoltYp ~6ibYas E C IIGJ.V CIS g ~ r. a+A y1u. m _ ~ A'~~pi ~ SITE AREA: 7.21 ho. = wATSL AREAS a ru (.ii3 ui nn y PARKING PRONDED: 104 SPACES ~ Ip oECaMn4f WM IB1CE oAn: i No.EUew. +ec+ durn+ er : can ~ 91124, /''~YA~~ ` a BUILDING: APPRO%11AATELY 7.5m X 12.Om ~ m_ _ p~ ~ root auw u« rn+a oESO.n er + as a+ArNC K> - - +o root wRE rExcE ~ " t°0 ~ oP-002 11 pEfXm eY t 6.1 _I _i %