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Home My WebLink AboutPD-87-97DN: PD -87 -97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING��'C�._;�,� Meeting: File - General Purpose and Administration Committee ; -�, �J� ._ �--- Date: Monday July 7, 1997 Res. # LO L-2 r� Report #: PD -87 -97 File �OPA 97 -004 X -REF: ROPA 97 -006 By-law # Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION - SOTIRIADIS PART LOT 28, CONCESSION 3, FORMER TOWNSHIP OF CLARKE 3171 HIGHWAY 35/115 FILE: 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 -87 -97 be received; 2. THAT the application to amend the Municipality of Clarington Official Plan, submitted by Barry Jones on behalf of Sotiriadis be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments, taking into consideration all of the comments reviewed; and 3. 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: Barry Jones 1.2 Owner: Peter, Marina, John and Spero Sotiriadis 1.3 Official Plan Amendment: From - Prime Agricultural Area and Environmental Protection To - a designation appropriate to permit a golf driving range and miniature golf course. 1.4 Area: 13.9 ha 614 REPORT NO. PD -87 -97 PAGE 2 2. LOCATION 2.1 The subject lands are located in Part of Lot 28, Concession 3, former Township of Clarke. The site is located on the east side of Highway 35/115 adjacent to "Ace Submarine" and south of the Pines Senior Public School and Clarke High School. The municipal address is 3171 Highway 35/115. -• 3.1 On April 24, 1997 an application to amend the Ciarington Official Plan was submitted to permit the establishment of a golf driving range and a miniature golf course on the subject lands. 3.2 On March 18, 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 proposal for a golf driving range and a miniature golf course. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: vacant 4.2 Surrounding Uses: East: Agricultural North: Clarke High School and Pines Senior Public School and Agricultural West: Hwy. 35/115, agricultural and existing commercial uses South: agricultural and rural residential 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated "Permanent Agricultural Reserve ". Lands so designated shall be generally used for agriculture and farm - related uses. A golf driving range and miniature golf 615 REPORT NO. PD -87 -97 PAGE 3 course is not permitted within this designation. Application to amend the Durham Region Official Plan has been received (ROPA 97 -006). 5.2 The subject lands are designated "Prime Agricultural Area" and "Environmental Protection" in the Clarington Official Plan. Lands designation "Prime Agricultural Area" shall be used for farm and farm related uses. A golf driving range and miniature golf course would not be permitted. Lands designated "Environmental Protection" shall only be used for conservation purposes. Development is not permitted on lands designated "Environmental Protection ". 5.3 The Clarington Official Plan requires that an Environmental Impact Study be conducted if lands are adjacent to or have an identified natural feature on the site. The subject lands possess a tributary to the Wilmot Creek and as such, the applicant has been advised that an Environmental Impact Study is required. 6. ZONING BY -LAW PROVISIONS 6.1 The subject lands are zoned "Agricultural Exception (A -1) ", "Environmental Protection (EP)" and "Special Purpose Commercial (C4) ". Lands zoned "Agricultural Exception (A -1)" shall be used for farm and farm - related purposes. The lands zoned "Environmental Protection (EP)" surround the Wilmot Creek 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. 7. PUBLIC NOTICE 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 616 REPORT NO. PD -87 -97 PAGE 4 on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 There has been no letters, verbal enquiries or comments received to date. 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments /agencies have provided comments: • The Ganaraska Region Conservation Authority has no objection to the principle of the use. However, they require that more detailed information be submitted at the site plan review stage. At this point, they would like to see grading details including sedimentation and erosion control measures and stormwater quality and quantity by addressed for the proposed parking area. They also state that no living vegetation shall be removed from the Environmental ProtectionNalley area. • The Public Works Department also have no objection to the application, but they require that the following issues be satisfied: • obtain written permission from the Ministry of Transportation approving the access. • submit a grading and drainage plan which details the configuration of the on -site storm sewer system and the conveyance of overland flow from the site. All on -site drainage must be conveyed to an approved outfall location. • enter into a site plan agreement with the Municipality detailing the internal and external works required. • pay 2% cash -in -lieu of parkland. • provision of approved washroom facilities. 617 II The Ministry of Transporation stated that they will not approve any improvement to the existing entrances and will in fact require removal of existing entrances. If the proposal is to share the access to Ace Submarine, then the viability of this entrance must be provided. Permits will also be required from the Ministry of Transporation for any proposed structures. • The Northumberland - Clarington Board of Education raised concerns regarding traffic volumes. Apparently there has been past problems with the traffic volume due to busing and on -site generated traffic. There is also concern regarding the northern access as it may cause confusion and traffic congestion with the school. In order to prevent golf balls from landing on school property a fence and net will be required to be placed along the northern boundary of the subject lands. 8.2 Comments have yet to be received from: • Durham Region Planning Department • Durham Region Health Department 9. STAFF COMMENTS 9.1 Before Staff can proceed, the applicant must satisfy Clarington Works Department, Ministry of Transportation and the School Board. Outstanding agency comments must also be received before Staff can forward a recommendation report. In addition, the Environmental Impact Study as required by the Official Plan must also be conducted. h 1 �� REPORT NO. PD -87 -97 PAGE 6 9.2 A rezoning and site plan application will be required eventually. It is the applicants decision as to when he wishes to submit these applications. 10.1 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 the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments. Respectfully submitted, 1 -` Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development HB *FW *km *Attachment #1 Key Map *Attachment #2 Site Plan June 23, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Barry Jones 76 Baldwin Street Newcastle, Ontario LiB 1H1 387243 Ont. Ltd. 169 Sweeney Drive North York, Ontario M4A 1V1 Peter, Matina, John & Spero Sotiriadis 3211 Highway No. 35/115 Newcastle, Ontario LiB iL9 619 Beverly Wakefield P.O. Box 267 ORONO, Ont LOB 1 MO ATTACHMENT #1 SUBJECT SITE ;. OTHER LANDS OWNED BY APPLICANT I nT On I nT 00 1 nT 0-7 CONCESSION ROAD 3 CLARKE KEY MAP COPA 97 -004 620 x z 0 U) V) W U Z 0 U a w ATTACHMENT #2 a aav� Oak a �^. ;w �N U ZUU A,° oad w Z N � a PL4 a b0 � +� p w d O �Ua�a F+, t W z 621 i a d ATTACHMENT #2 �N e� a® z 0 " w U a U OWG Cd � < °i p. •� � � A 0 p a cy a In T+ v m x 621 i a d