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HomeMy WebLinkAboutPD-37-97 AddendumUNFINISHED BUSINESS DN:TOMINA.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # _ v "D c=; Date: Monday, July 7, 1997 Res. # t 30 ADDENDUM TO Report #: PD -37 -97 File #: DEV 93 -002 By -law # Subject: REZONING APPLICATION - APPLICANT: TOMINA PART LOT 26, CONC. 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 93 -002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD -37 -97 be received; 2. THAT Report PD -37 -97 be lifted from the table; 3. THAT Council select one of the 3 options contained in Section 4.5 of this report; and 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: 1.3 Zoning Amendment 1.4 Land Area: Mrs. G. Tomina H. Kortekaas & Associates Inc. from "Agricultural (A) to an appropriate zone to permit the establishment of a golf driving range 9.015 ha (22.27 acres) 1301 ADDENDUM TO REPORT PD -37 -97 PAGE 2 2. BACKGROUND 2.1 On March 17, 1997 General Purpose and Administration Committee received Report PD- 37 -97. The report recommended approval of the rezoning to permit the development of a golf driving range. A temporary use by -law was proposed to be forwarded to Council at such time as the site plan issues were finalized. Committee heard delegations by Heather Parchment, the neighbouring land owner to the north and Henry Kortekaas, the applicant's agent. 2.2 Following the presentations by the delegations and discussion by Committee members the following resolution was passed: "THAT Report PD -37 -97 be tabled until such time as all grading and drainage works required by the Public Works Department and Central Lake Ontario Conservation Authority have been completed, including but not limited to ensuring that there is positive drainage on the site with no negative impact on abutting properties." 2.3 At the June 9, 1997 Council meeting, Kevin Holmes of Henry Kortekaas and Associates appeared as a delegation on the issue of the Tomina driving range rezoning application. Mr Holmes advised that all the technical aspects of the application have now been resolved, however, the implementation of the drainage plan remains outstanding. He further indicated that should his client complete the grading work, which is a costly endeavour, there is no guarantee the rezoning will be approved. He requested Council reconsider it's position of requiring the grading to be completed prior to approval of the rezoning. After considering the delegation's comments, Council requested staff to prepare a report for consideration by Committee. 3. AGENCY COMMENTS 3.1 PD -37 -97 stated that both the Clarington Public Works Department and the Central Lake Ontario Conservation had no objection to the rezoning, although both agencies required some revisions to the drainage and grading plans prior to site plan approval. 13 J'_ ADDENDUM TO REPORT PD -37 -97 PAGE 3 3.2 The applicant's agent has worked with both agencies since the March meeting to address the grading issue. Both the Public Works Department and the Conservation authority have now provided comments stating they are fully satisfied with the grading and drainage plans submitted. As noted in PD- 37 -97, the balance of the circulated agencies, had no objection to the rezoning. 4. STAFF COMMENTS 4.1 Staff have viewed the site on a few occasions since PD -37 -97 was considered, and although some earth moving appears to have taken place, it does not appear the applicant has undertaken any grading work to implement the drainage plan or improve the drainage /grading concerns of Ms. Parchment. 4.2 Staff have discussed the issue of grading and drainage with Ms. Parchment. She has indicated that the Municipality has cleaned out the ditch on Hancock Road, however Mr Tomina has not done any grading work to improve her situation. She feels a ditch along the property line to drain water away would help. Ms. Parchment has scheduled her holidays for the week of July 7, 1997 and will not be able to attend the Committee meeting. Staff further note that Ms. Parchment was listed as a delegation for the Council meeting of June 23, 1997 but she did not appear. 4.3 Staff appreciate the concerns expressed by Mr. Holmes, on behalf of Mr. Tomina at the May 9, 1997 Council meeting, Typically, at such time the applicant has satisfied all the technical issues, staff prepare a report for Committee and Council's consideration recommending approval of a zoning amendment with a holding symbol. The holding symbol would only be removed by By -law at such time a site plan agreement has been entered into, and the appropriate securities are in place. 1303 ADDENDUM • REPORT PD-37-97 PAG E 4 4.4 In this specific situation, the applicant has altered the grades and drainage pattern of his property while the rezoning and site plan application were being considered. The additional fill on his property and grading work done appear to have caused drainage problems for the neighbouring property owner to the north, Ms. Parchment. As of the writing of this report it does not appear the drainage /grading problem has been rectified, and therefore, the applicant did not meet the condition set down by Council (see paragraph 2.2). 4.5 Staff with both the Central Lake Ontario Conservation and Municipality's Public Works Department are now satisfied with all aspects of the proposed grading and drainage plan prepared for the development of the golf driving range, including impacts on the neighbouring property owner to the north and the adjacent road network. In consideration of this fact; Council's previous resolutions; and the existing drainage situation, staff have reviewed three (3) possible directions for Council's consideration: Options A. THAT Committee confirms it's resolution of March 17, 1997. This option would require all grading and drainage works contained on the proposed plans be completed prior to Council considering the zoning amendment. This option as noted by the delegation of Kevin Holmes on June 9, 1997, is costly with no guarantee to the applicant of approval. Furthermore, there is no certainty the applicant will complete the required grading work. B. THAT the recommendations contained in PD -37 -97 be approved. This option would permit the zoning amendment to be approved at such time as a site plan agreement has been entered into. This represents our standard practice in the processing of rezoning applications. I -')04 ADDENDUM TO REPORT PD -37 -97 PAGE 5 C. THAT the Zoning by -law Amendment submitted by H. Kortekaas and Associates inc. on behalf of Gertrude Tomina to permit the development of a driving range, be approved in principle, and that a temporary use by -law be forwarded to Council for approval at such time the Owner has completed grading works to correct drainage problems on the adjacent property of Ms. Parchment to the north. Said grading work is to be completed to the satisfaction of the Central Lake Ontario Conservation and the Director of Public Works. This option would require the applicant to rough grade the swale system proposed on the grading site plan which accommodates drainage from the north to the culvert on Highway No. 2. This is considerably less work and expense than grading the entire site. Furthermore, should Committee and Council agree to this option, it provides the applicant support in principle for the development, and therefore some level of certainty to the applicant. 4.6 Should Council choose either of the later two options, staff will require financial security to be deposited with the Municipality as a condition of the site plan agreement for the grading and drainage work, and landscape work proposed. 5. CONCLUSION 5.1 The applicant has now satisfied Central Lake Ontario Conservation and Public Works with respect to the grading and drainage plans submitted. The neighbouring land owner to the north is still waiting for grading to occur to correct her drainage concerns. Imposing a requirement for all the grading to be completed prior to zoning approval, although well intentioned, may cause the applicant to abandon his applications and refuse to complete the work. Staff believe option C. provides a level of certainty to the project while minimizing the expense and extent of grading without approving a by -law at this time. I J 0 5 ■ all ■ ■ ■ Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CP *FW *df 24 June 1997 Attachment #1 - PD -37 -97 Reviewed by, W.H. Stockwell Chief Administrative Officer 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.R46, Group Box 7 Bowmanville, Ontario L1 C 3K7 Henry Kortekaas & Associates Inc 82 Sherwood Road East Ajax, Ontario UT 2Z2 Glen Whitehead 8 Jane Avenue Courtice, Ontario L1 E 2H9 Les Shelley 1892 Highway No. 2 Bowmanville, Ontario L1 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 1306 Attachment No. 1 to addendum to PD -37 -97 oN.PD V o� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT ~ Meeting: General Purpose .and Administration Committee File # Date: Monday, March 17, 1997 Res. # Report #: PD -37 -97 File #: DEV 93 -002 By -law # Subject: ZONING BY -LAW AMENDMENT - GERTRUDE TOMINA NORTH EAST CORNER OF KING ST. (HIGHWAY 2)/ HANCOCK ROAD PART LOT 26, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: 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. .1. APPLICATION DETAILS 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) ff 1307 REPORT PD -37 -97 PAGE 2 2. LOCATION 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. BACKGROUND 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 1308 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 (le. 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 1309 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 ZONING 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. 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 abutt ing 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. - IJ1I 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. 1512 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.. 1313 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, C Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *km Recommended for presentation to the Committee H. 8tockwell Chief Administrative Officer 1314 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 L1C 3K7 Mrs. G. Tomina R.R. # 6 Group Box 7 BOWMANVILLE, Ontario L1C 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 DC 3K7 Heather Parchment 2799 Hancock Road COURTICE, Ontario L1C 3K7 Gay Property Management P.O. 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