HomeMy WebLinkAboutPD-37-97DN:PD -37 -97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File
Date: Monday, March 17, 1997 Res. # _ V�b74_q
PD -37 -97
File #: DEV 93 -002
By -law #
Subject: • NING BY-LAW AMENDMENT - GERTRUDE TOMINA
NORTH EAST CO- OF • -•A
PART LOT 26, CONCESSION •- • - OF DARLINGTON
DEV 93-002
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -37 -97 be received;
2. THAT the Zoning By -law Amendment submitted by H. Kortekaas & Associates Inc.
on behalf of Gertrude Tomina to rezone the subject property to permit the
development of a golf driving range be approved for a temporary use and a by-
law amendment be forwarded to Council for approval at such time as all
outstanding site plan issues have been finalized;
3. THAT a copy of this report and Council's decision be forwarded to the Durham
Region Planning Department and the Ministry of Transportation, Central Region
Planning Office Attn: Bob Stephenson; and
4. THAT the interested parties listed in this report and any delegation be advised of
Council's decision.
Lei L, 0 1
1.1 Applicant: Mrs. G. Tomina
1.2 Agent: H. Kortekaas & Associates Inc.
1.3 Zoning Amendment: from "Agricultural (A) to an appropriate zone to permit
the establishment of a golf driving range
1.4 Land Area: 9.015 ha (22.27 acres)
r 648
REPORT PD -37 -97
PAGE 2
2.1 The subject property is a nine hectare parcel of land located on the north east
corner of King Street (Highway No. 2) and Hancock Road. The property is
municipally known as 2735 Hancock Road and is further described as being
within part of Lot 26, Concession 2, former Township of Darlington.
• •
3.1 A joint rezoning and site plan approval application was originally received by the
Planning and Development Department in January of 1993. At that time the
submission included a mini putt course and batting cage facility in addition to the
golf driving range. The statutory Public Meeting with respect to the proposed
rezoning was held in March 1993. No one spoke at the public meeting other than
the applicant.
3.2 The Durham Region Official Plan in effect at the time the rezoning application was
filed, designated the subject property as Major Open Space. The proposed use
conformed with said designation. In November 1993, the Ministry of Municipal
Affairs approved the new Regional Official Plan. The new Plan designated the
area between the Courtice urban area boundary and the Highway 401 - 407
Connecting Link ( Courtice Link) south of Farewell Creek as General Agricultural
Area. The General Agricultural Area designation would not permit the
establishment of a driving range.
3.3 Subsequently an application for amendment to the Durham Regional Official Plan
was filed in May of 1995. The Official Plan Amendment was considered and
approved by the Minister of Municipal Affairs on February 22, 1996, to designate
the lands from "General Agricultural Area" to "Major Open Space ".
3.4 In September 1996, the applicant received a permit from the Conservation
Authority granting approval to undertake the following works: 'filling, grading and
649
REPORT PD -37 -97 PAGE 3
watercourse relocation associated with the construction of a golf driving range'.
The permit was issued subject to specific conditions. Both the Municipality and
the Conservation Authority have received complaints from the abutting neighbour
to the north as a result of grading work undertaken on -site. In response the
Conservation Authority issued a follow up condition in December 1996 requiring
the owner to construct a drainage swale along the northern edge of the property
as soon as possible. Due to inclement weather and frozen ground this work had
not been completed as of the drafting of this report.
3.5 In addition to the drainage issue referenced above the abutting neighbour to the
north has expressed a number of concerns with the proposed development and
its impact on her property. The issues include: loss of privacy; flood lights; noise;
hours of operation; traffic on Hancock Road; disruptance of view (ie. large nets
to contain golf balls); disturbance to her horses; loss of property value; and
infringement on peace of mind. Furthermore, the letter asked what assurances
are there that property damage will be compensated. These issues will be
addressed in the staff comments section of the report.
4 EXISTING AND SURROUNDING USES
4.1 The existing site currently houses one single family dwelling unit and accessory
structures.
4.2 Surrounding land uses are as follows:
South: vacant agricultural lands
East: existing rural residential lots fronting on Highway No. 2 and on
Solina Road.
North: existing rural residential lots fronting on Hancock Road and Nash
Road.
West: limited rural residential lots fronting on Hancock Road and vacant
agricultural land.
5 OFFICIAL PLAN POLICIES
5.1 In the Durham Regional Official Plan, the subject property is designated "Major
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REPORT PD -37 -97 PAGE 4
Open Space ". The predominant use of lands designated Major Open Space shall
be conservation, recreation, reforestation, agricultural and farm - related uses with
the exception that in valleylands in built -up areas, agriculture and farm - related use
are not permitted. A golf driving range would be considered a permitted use in
this designation.
5.2 Within the Clarington Official Plan the subject lands are designated Green Space.
Section 14.5.1 states lands so designated shall be used primarily for conservation
and active and passive recreational uses. The proposed use conforms to the
Official Plan.
6.1 The current zoning of the subject property is "Agricultural (A) ". Said zone would
not permit the proposed driving range, hence the application for zoning by -law
amendment.
7 AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and departments
within the Municipality for comment. The Region of Durham Works Department
and the Fire Department advised they have no conditions and no objection to the
applications.
7.2 Ministry of Transportation Staff identified the application as impacting on the
future development of the north - south freeway connecting link ( Courtice Link).
The Ministry provided comments suggesting the driving range be realigned such
that golf balls would be driven away from the proposed Courtice Freeway Link.
However, should the proposal proceed and the balls are driven from west to east,
as indicated by the proposed site plan, the Ministry requested the implementing
zoning by -law be a Temporary Use By -law and the owner enter into an agreement
with the Ministry of Transportation describing the driving range as an interim use.
W
REPORT PD -37 -97 PAGE 5
A Temporary Use By -law can be approved for up to three (3) years at a time. The
agreement with the Ministry would require the golf driving range be removed, at
the request of the Ministry, prior to the construction of the Courtice Freeway Link.
7.3 The Central Lake Ontario Conservation Authority have identified numerous
concerns with the application as originally filed. However, through various
revisions, the applicant has satisfied most of the engineering issues related to the
spillway, grading and erosion controls. The Authority has subsequently issued
a permit for filling, grading and watercourse alteration, subject to conditions. As
a result, Authority Staff have no objection to the rezoning. However, in light of the
more recent drainage complaints by the abutting property owner to the north, the
Conservation Authority has advised that further revisions to the grading and
drainage may be necessary prior to site plan approval.
7.4 The Durham Region Health Department advised they have no objection to the
approval of the applications with the understanding that portable toilets are used
to service the site.
7.5 The Public Works Department, Engineering Division provided no objection to the
principle of development for a golf driving range subject to a number of
conditions to be satisfied as part of the site plan approval. The conditions include
the dedication to the Municipality free and clear of all encumbrances of a 3.0
metre road widening along Hancock Road; submission of a site grading and
drainage plan satisfactory to the Director of Public Works, including revisions to
any work previously completed to date; and that the applicant has to make
application for access and be responsible for any costs associated with the
access including culverts , ditching, grading and illumination.
7.6 The Parks Division of the Public Works Department has requested a cash -in -lieu
of parkland dedication be accepted as condition of the site plan approval.
REPORT PD -37 -97 PAGE 6
Furthermore, the applicant must submit a landscape plan which creates a visually
landscaped screen along the north boundary abutting the existing residence and
the Hancock Road and Highway No. 2 frontage.
8 STAFF COMMENTS
8.1 The proposed rezoning is to permit the establishment of golf driving range on a
9 ha parcel on the north east corner of Highway No. 2 and Hancock Road.
8.2 All of the agencies have provided comments on the proposed applications stating
they have no objection to the rezoning. Both the Conservation Authority and
Works Department require additional revisions be undertaken to address the
grading and drainage issue to ensure there is positive drainage on the site with
no negative impact on the abutting property to the north. Their requirements will
be incorporated in the subsequent site plan revisions prior to approval.
8.3 The Ministry of Transportation comments originally objected to the proposal.
Their concern related to the proposed alignment of the Courtice Freeway Link
interchange at Highway No. 2 impacting the eastern portion of the property.
Although the proposed driving range does not appear to impact land
requirements for the freeway link, orientation of the driving range, balls being
driven from west to east towards the future link, is considered a potential a safety
hazard. In consideration of the Ministry's concerns and the nature of the
proposal, with no permanent structures, the applicant agreed to enter into an
agreement with the Ministry dealing with the development as an interim use. The
driving range agreement will require the removal of the facility prior to
construction of the Freeway Link. In order to ensure the use will be on an interim
basis, and in consideration of the Ministry's request, a temporary use by -law is
recommended by staff.
REPORT PD -37 -97 PAGE 7
8.4 With respect to issues raised by the neighbouring resident to the north, they are
discussed as follows:
i) Loss of Privacy
In order to address the issue of privacy, staff have requested that the tee off areas be
setback a minimum of 10 metres from the north property line and that the area in
between be appropriately landscaped. In addition, a 2.2 metre (7.2 ft) high berms will
be constructed along the north property line for ball containment. These berms should
assist in providing a physical barrier to views to the north.
ii) Flood Lights /Hours of Operation
The applicant has not expressed an interest in providing any lighting for the operation
of the driving range. As a result, the site plan agreement will specify that the operation
of the golf driving range will be limited to daylight hours.
iii) Traffic on Hancock Road
The subject property has frontage on the north side of Hwy. No. 2 and the east side of
Hancock Road. Highway No. 2 is a type "B" arterial, while Hancock Road is designated
a collector road. The entrance to the proposed golf driving range is to be immediately
north of Highway No. 2. Staff would anticipate the majority of traffic to the site will come
from Highway No. 2 and therefore should not impact neighbouring properties north of
the proposal.
iv) Disturbance to Horses
The Zoning By -law attempts to deal with conflicting agricultural uses in the rural area,
by requiring a 2.0 ha. (5.0 acre) minimum lot area for a farm use. Assessment
information indicates the parcel containing the horses is 1.84 acres. Although there will
be increased activity on the lands as a result of the driving range, staff feel that the 7.5
metre (25 ft) high nets and berming on the north boundary of the proposed driving
range would protect the horses and people from any stray balls.
WE
REPORT PD -37 -97 PAGE 8
v) Noise
A golf driving range is not considered to be a high noise generating activity, therefore
noise attenuation measures are not required. In addition, the proposal is designed to
have the key focal points (i.e. parking area and kisok) close to the entrance
approximately 100 metres south of the northerly property line.
vi) Loss of Property Value; and Infringement on Peace of Mind.
These are all items that are difficult to quantify and can be perceived differently. These
issues are generally not considered as land use planning issues.
viii) Assurances that Property Damage will be Compensated
Property damage, if any, that may occur as a result of the golf driving range are difficult
to predict. Furthermore, should future problems arise, it would be best dealt with as a
civil matter between neighbours.
9 RECOMMENDATION
9.1 In consideration of the positive comments received from the agencies and the
comments contained in this Report, staff would have no objection to the passing
of a temporary zoning by -law for a three (3) year period to permit the
establishment of a golf driving range, at such time the site plan details have been
dealt with satisfactorily.
Respectfully submitted,
i
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
CP *FW *km
Recommended for presentation
to the Committee
� 1_4� -
H. tockwell
Chief Administrative
Officer
REPORT PD -37 -97 PAGE 9
*Attach
7 March 1997
Attachment No. 1 - Subject Property Location Sketch
Attachment No. 2 - Site Plan
Interested parties to be notified of Council and Committee's decision:
Tom Rivers
2732 Solina Road
BOWMANVILLE,
Ontario
L1 C 3K7
Mrs. G. Tomina
R.R. # 6 Group
Box 7
BOWMANVILLE,
Ontario
L1 C 3K7
Henry Kortekaas &
Associates Inc.
82 Sherwood Road
East
AJAX, Ontario
L1 T 2Z2
Glen Whitehead
8 Jane Ave
COURTICE, Ontario
L1 E 2H9
Les Shelley
1892 Highway No. 2
BOWMANVILLE,
Ontario
U C 3K7
Heather Parchment
2799 Hancock Road
COURTICE, Ontario
L1 C 3K7
Gay Property
Management
P.O. Box 2065
103 Athol Street
OSHAWA, Ontario
L1 H 7V4
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