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HomeMy WebLinkAboutPD-130-95 DN oev93002GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #"' L LL' Date: Monday, November 20, 1995 Res. # Report # Pn-130-95 File #: OPA 95-009/D By-law # Subject. OFFICIAL PLAN AMENDMENT - APPLICANT: GERTRUDE TOMINA PART LOT 26, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON NORTH EAST CORNER OF KING ST.(HIGHWAY #2) AND HANCOCK ROAD FILE: OPA 95-009/D Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-130-95 be received; 2. THAT the Official Plan Amendment submitted by H. Kortekaas & Associates Inc. on behalf of Gertrude Tomina to redesignate the north east corner of King Street and Hancock Road on Schedule A5 of the Durham Regional Official Plan from Agricultural to Major Open Space to permit the establishment of a driving range be supported; 3. THAT a copy of this report and Council's decision be forwarded to the Durham Region Planning Department; and 4. THAT all 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 Durham Regional Official Plan Amendment: from "General Agriculture" to "Major Open Space" to permit the establishment of a driving range 1.4 Land Area: 9.015 ha (22.27 acres) 2 580 REPORT NO. PD-130-95 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 legally described as being within Part 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 applicant was also proposing a mini putt course and batting cage facility in addition to the driving range. The statutory Public Meeting with respect to the proposed rezoning was held in March 1993. 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 current Regional Official Plan. Said Plan designates 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 In May of 1995 the Municipality was forwarded an Official Plan Amendment by the Region of Durham with a request for comments. The Official Plan Amendment proposes to redesignate the subject lands from "General Agricultural Area" to "Major Open Space". In June 1995 the Region of Durham held a public meeting for said application. 3 581 REPORT NO. PD-130-95 PAGE 3 4 EXISTING AND SURROUNDING USES 4.1 The existing site currently houses one single family dwelling unit and accessory structures. The property is characterized by piles of dirt which have been deposited throughout the site as well as stacks of trees which have been fallen on the property. 4.2 Surrounding land uses are as follows: South: the lands are vacant agricultural 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 current Durham Regional Official Plan, the subject property is designated "General Agricultural Area". The predominant use within said designation is agricultural and farm-related uses. Recreational uses are not permitted to locate on lands having said designation hence the application for amendment to the Regional Official Plan. 5.2 The subject lands are outside of the Courtice Major Urban Area and therefore not subject to the policies of the former Town of Newcastle Official Plan. The recommended Clarington Official Plan, released November 7, 1995, designates the subject lands as Green Space The application would conform to the policies of the recommended Plan. 4 581 REPORT NO. PD-130-95 PAGE 4 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 Official Plan Amendment was circulated to the various departments within the Municipality for comment. In addition, comments were received from a number of external agencies. 7.2 Ministry of Agriculture and Food Staff have considered the proposed amendment in view of Goal D of the Comprehensive Set of Policy Statements, the Canada Land Inventory mapping and the designation of the surrounding lands as contained in the Regional Official Plan. They provided "no comment or objections to the proposal". However, they further commented that this is not to be viewed as support for the application. 7.3 Ministry of Transportation Staff originally provided comments advising that the subject lands are impacted by the 'technically preferred route' selection for the proposed Courtice Link. As a result they requested that consideration of this application be deferred pending the final route selection. Subsequently Staff at the Ministry, the Region and the Municipality have had discussions and meetings to resolve this. Following a recent meeting the Ministry provided comments suggesting they would prefer if the driving range is realigned such that golf balls would be driven away from the proposed freeway link However, should the proposal proceed and the balls are driven from west to east, the Ministry requested the implementing zoning by-law be a Temporary Use By-law and the owner enter into an agreement with the Ministry relating to the driving range as an interim use. .5 5 8 3 REPORT NO. PD-130-95 PAGE 5 7.4 The Ministry of the Environment has advised that based on an average daily sewage flow of less than 4,500 litres/day and no restaurant on the subject property they have no objection to the Official Plan Amendment. 7.5 Through the review of the three (3) related applications, the Central Lake Ontario Conservation Authority have identified numerous concerns which should be resolved prior to the approval of the rezoning and site plan application. However, they believe it should be possible to address these concerns within the context of the proposed use, and do not object to the Official Plan Amendment application. 7.6 The Durham Region Health Department advised they have no objection to the principle of the use. However, prior to approval of the zoning by-law and site plan approval a suitable geotechnical, hydrogeological report regarding the sewage disposal system must be prepared and submitted for their approval. The report must include sewage flows, percolation rates and design of the system. 7.7 The Durham Region Works Department advised that they have no objections to the application. 7.8 The Clarington Fire Department provided no objection to the proposal, advising that access to the entire site will have to be in accordance with Ontario Building Code. 7.9 The Public Works Department Provided no objection to the principle of development for a driving range, however they have identified a number of conditions and requirements that must be satisfied as part of the rezoning and site plan approval process. 6 584 REPORT NO. PD-130-95 PAGE 6 7.10 The Community Services Department provided no objection to the Official Plan Amendment application. However Community Services Staff requested that a 2% cash-in-lieu of parkland dedication be accepted as condition of the site plan approval. 8 STAFF COMMENTS 8.1 The proposed Official Plan Amendment is to redesignate the lands from "General Agricultural Area" to "Major Open Space" in order to develop part of the 9 ha parcel on the north east corner of King Street and Hancock Road as a driving range. 8.2 All of the agencies which have provided comments on the proposed Official Plan Amendment are now satisfied that the principle of development can be dealt with and any outstanding concerns can be satisfactorily dealt with prior to rezoning and site plan approval. In fact a number of issues remain outstanding to be dealt with prior to an amending zoning by-law being forwarded to Council. 8.3 The Ministry of Transportation comments originally caused the greatest concern. They noted that the proposed alignment for Courtice Link interchange with King St. is located on the eastern portion of the property. Although the proposed driving range does not appear to impact land requirements for the link, orientation of the driving range, balls being driven from west to east, towards the future link was not considered appropriate. 8.4 As a result of discussions the applicant agreed to enter into an agreement with the Ministry dealing with the development as an interim use and recognizing the development in the Municipality's Zoning By-law through the use of a Temporary Use By-law. Said by-law can be renewed every three (3) years, subject to Council's consideration. 7 585 REPORT NO. PD-130-95 PAGE 7 8.5 In considering the appropriateness of the proposed Official Paan Amendment it appears to maintain the intent of the goals and principles of the Regional Official Plan in as much as it is not impacting Class 1 to 4 soils and does not appear to adversely impact the ability of nearby agricultural operations to carry on normal agricultural operations. 8.6 The proponent has agreed that the development will only be temporary, and this will be controlled through both zoning and personal agreements with the Ministry of Transportation. From this perspective it is not considered to be a impediment to more intensive land uses in the long term (30 plus years). At the same time, support for this development does not construe that the area is able to support more intensive developments in the near future. 8.7 The development abuts King Street, a type B arterial in the Regional Plan, therefore access to the development is not a problem although, site access will be restricted to Hancock Road. 8.8 Issues raised by the Conservation Authority, the Health Department and the Clarington Public Works Department can be addressed through the on-going rezoning and site plan approval process. Staff will prepare a subsequent report for Council's consideration of a zoning by-law at such time the remaining issues have been resolved. I 9 CONCLUSION 9.1 In consideration of the comments contained above, the recommendations from the various agencies, staff discussions and Official Plan policies, staff recommend no objection to the Official Plan Amendment. 8 I 586 REPORT NO. PD-130-95 PAGE 8 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer CP*FW*cc Attachment No. 1 - Subject Property Location Sketch Attachment No. 2 - Site Plan November 10, 1995 Interested parties to be notified of Council and Committee's decision: Tom Rivers Les Shelley 2732 Solina Road 1892 Highway No 2 BOWMANVILLE, Ontario BOWMANVILLE, Ontario L1C 3K7 L1C 3K7 Mrs. G. Tomina Heather Parchment R.R. # 6 Group 2799 Hancock Road Box 7 COURTICE, Ontario BOWMANVILLE, Ontario L1C 3K7 L1C 3K7 Henry Kortekaas & Associates Inc. Gay Property Management 82 Sherwood Road East P.O. Box 2065 AJAX, Ontario 103 Athol Street UT 2Z2 OSHAWA, Ontario L1 H 7V4 587 SUBJECT SITE LOT 27 LOT 26 LOT 25 LOT 24 NlC Nwq # 2 N z 0 0 < E U) 0 � � w U Y Q O U O O U U Q� Z Q a Z = J O �rn LO TREET 4 °QKET MP 95 -009/D ATTACHMENT #1 SfiR LOCATION MAP Dtsnj=Tmoucm l!;MT`AKCLCWD ft T`"`C CCftTI=TX)M TO CC VAT""Twe URtas AND WLVrLO*DtS TO RCN MN AS 20 WLDLrr PMWAT CAS TNG TREES TO 5C RCTA�KD GENERAL NOTES TARGET CACEN5 EYJSTW-Txtr$ SO NK NE-1- NCTTNG IXOP05CD -TLNA< rf�c 'KEE IL-TINGS ILow Cc 10`0$[D SPOT ELEVATIONS EN rCCT) MO 14DM TO DtrNE LANDING AREA Q XATM� I L DKI510.5 IN NETEXS DR,,KA ILow CASTING TWO-STORE, KCCAADC AREA TO CIj­jr CASTING ORT Mrs y ��/\ '�� NATURAL —{•—�;------ ----- Z• REVISIONS 4k, r A(lc* otorcit ALCmc.MOMKTT LINE TO WALVC C-ftw rrwO r.C mNG VINES.MRGRCOIS AND rAST- DROWING Scams HENRY KORTEXAAS t ASSOCUTTS- LAND CAPE ARCHITECTURE CMWROMMEXTAL&RECREATIONAL CASTING p ."INC SITE STATISTICS .1.=ARIA PROPOSED DJUVINC JtANCr MAS C rOMINA HANCOCK A !H,rz TORN or NrlwrLt OKN—Cr IL M CO+LCrTJ LATCXIT cx./M 101081�.