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Home My WebLink AboutPSD-055-05 ClocmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 25, 2005 Ke6.1f ~ f--.f A - I i5 if-05 By-law #: Report #: PSD-055-05 File #: PLN 20.5 Subject: REQUEST FOR REDUCTION OF APPLICATION FEES OWNER: MR. AND MRS. TOMINA APPLICANT: STRIKE, SALMERS AND FURLONG RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-05 be received; 2. THAT a reduction or waiving of any application fees for a temporary use to permit the Tomina Golf Driving Range located in Part Lot 26 Concession 2 Former Township of Darlington (2735 Hancock Road) NOT BE GRANTED; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision, Submitted by: Davi . Crome, M,C,I.P., R.P.P. Director of Planning Services Reviewed by: O~~~, Franklin Wu, Chief Administrative Officer HB/FLlDJC/df 19 April 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-055-05 PAGE 2 1.0 BACKGROUND 1,1 A golf driving range is located at the northeast corner of Highway No.2 and Hancock Road at 2735 Hancock Road. The OMS first granted zoning permission for this temporary use in 1999. This original zoning permission expired on September 23, 2001. Council passed a second temporary use by-law in April 2002 permitling the driving range for another 3 years. This permission expired on April 2, 2005. 2.0 REQUEST 2,1 In recognition of the fact that the existing zoning permission would soon expire, and that a new application for zoning approval would be necessary, the owner's solicitor prepared a letter for Council's consideration (Atlachment 1), This correspondence requested that application fees associated with applying for another temporary zoning by-law be waived. If Council would not support waiving the fees altogether, it was requested that the fees be reduced to a fee that would cover Municipal expenses for preparing and sending out the necessary notices as required by the Planning Act. 2.2 It was the applicant's original intention to apply for a permanent rezoning of the lands. However, in that the lands are now situated within the Protected Countryside of the Greenbelt Plan, and with the continued uncertainty of the location of the 407/401 connection, a request has been made for an extension to the temporary use permissions, 3.0 STAFF COMMENTS 3,1 Application fees are to offset anticipated costs to the Municipality in processing an application. These costs include staff time, administration costs (paper, printing, envelops and mailings) and may even include overhead. It is recognized that the actual cost of processing any individual application will vary from the prescribed fee. Application fee for a rezoning, including a temporary rezoning, is presently $1819.00 (includes GST). A temporary rezoning requires a public meeting and public notice in accordance with Section 34 of the Planning Act, costs to be covered by the application fee. 3.2 The temporary use by-law expired on April 2, 2005, and zoning of these lands have reverted back to the original zone being Agricultural (A). The use of the lands for a golf driving range and associated uses is not a permitled use in the Agricultural (A) zone. An application to permit a golf driving range as a temporary use has not been received to date. The golf driving range is presently operating without appropriate zoning permissions. REPORT NO.: PSD-055-05 PAGE 3 4.0 CONCLUSION 4,1 Staff do not recommend that the zoning application fees be waived or reduced. 4,2 The owner should make an application to permit the driving range on a temporary basis before May 15th, 2005. If a complete application is not received by that date, Municipal Enforcement Officers will be requested to initiate a zoning investigation on the subject lands. Attachments: Attachment 1 -Correspondence regarding Tomina Driving Range List of Interested parties to be notified of Council's decision: Dan Strike, Strike, Salmers and Furlong Mr. and Mrs. Tomina Strike, Salmers and Furlong Barristers & Solicitors '~2An B=01=18 ~GtJ~D~ ATTACHMENT 1 38 King Street West P,O, Box 7. Bowmanville, Ontario LIC 3K8 Allan W, Furlong Ronald R,M, Strike Catherine L. Salmers Dan M, Strike R.J, Ford Practising in association, not a partnership 905-623-5791 Fax: 905.623-8336 A, Alan H, Stnke (Retired) W, Ross Strike (1895 - 1987) ! ! / / / / i /'7";)~" Reply to: .~':lY?)lJ/~}' (., ,? "/',-:, \UJ. "- '.'1),') ~ '. Orel,) ~'-' ,),cAf'IJVOr. I -"'-."':~tJJ1!.frvr ON -----.. Bowmanville February 24, 2005 Municipality ofClarington 40 Temperance Street Bowmanville, ON L1C 3A6 RECE'VEt'J FEB 2 8 ZUU~ ; Attention Mavor and Members of Council Dear Sir and Madam: I IIMlII<<clPAlITY OF ClARlNGTON ! MAYOR'S OFFICE I RE: Tomina Driving Range N/E Corner of Highway No.2 and Hancock Road I represent Mark Tomina who owns and operates the Driving Range at the corner of Highway 2 and Hancock Road in Courtice. The use of the property as a driving range was originally approved on a three (3) year temporary basis by the Municipality in 1998 and confirmed by the OMB in 1999, In 2002, Bylaw No. 2002-040 was passed by Council extending the temporary use a further three (3) years until April 2, 2005. Mr. Tomina would now like to apply for an Amendment that would permanently chanl;le zoning on the property to allow a driving range but given the Green Belt Legislation and the contmued uncertainty of the location of the 407/401 connection road in relation to this property, such an Application is not possible, The best he can do is an extension of his temporary use pennit. Given that this is the third Zoning Bylaw Amendment Application being made for this property, all for the same thing, and further given that the only reason a temporary rather than a permanent Bylaw Amendment is being sought is beyond Mr. Tomina's control, I am asking Council to consider waiving the fee for a Zoning Bylaw Application. If it is not prepared to waive the fee altogether, I would ask Council to reduce the fee to something more representative of the processing costs for staffto send out the necessary notices. No new site attendances or reports are required because there are no changes being sought to a use Council has already approved on two occasions in the past. , ",,'n,.:.,""_ ,,'0 ,..,~ .~..... ,-. _......_".->C_~ I would be happy to speak to the matter if Council wants any moJ'e det!li!~' 'lU$iQ!il ~ determination on this request. ,<,:' i . LLU'';!\,.. " _:.....- ~. , . Yours truly ACK BY STRIKE, SALMERS & FURLONG . c_,.. ORIGHtAL i1o.UOJ~ Irs T: an. M, Strike DMS/av c:k M.~ ,"";" e:"_=~-=T--l ~---,...."-,.,..._- ,-'- .....,...,.. -,.,........ , , ~..'i.........~L , ,..~,-,~.,' .,.,.~...__. ..- ..'\ .---............. -i:.:':