HomeMy WebLinkAboutPSD-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
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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)
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Bowmanville
February 24, 2005
Municipality ofClarington
40 Temperance Street
Bowmanville, ON
L1C 3A6
RECE'VEt'J
FEB 2 8 ZUU~
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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.
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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
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Yours truly ACK BY
STRIKE, SALMERS & FURLONG . c_,..
ORIGHtAL
i1o.UOJ~ Irs T:
an. M, Strike
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