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Home My WebLink AboutPD-79-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV92006.GPA REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File# Date: Monday, April 6, 1992 Res. #L1 By-Law# Report#: PD 7-9--g-2- File#:DEV__9Q___o4m Subject: REZONING APPLICATION - GREEN MARTIN PROPERTIES LTD PART LOT 17, CONCESSION 1 & 2, DARLINGTON FILE: DEV 92-006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-79-92 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63 , as amended, submitted by Design Plan Services on behalf of Green Martin Properties Ltd. , be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3 . THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Design Plan Services 1. 2 Owner: Green Martin Properties Ltd. 1. 3 Rezoning: From - Agricultural (A) To - a zone to permit the temporary establishment of the proposed Driving Range, miniature golf and 100 sq. m. club house. 1.4 Area: 7 .2 hectares 2. LOCATION 2 . 1 The subject lands are located on the north side of Highway #2 , halfway between Green Road and Maple Grove Road. The lands were 2 REPORT NO. : PD-79-92 PAGE 2 cropped (corn) last year and an apple orchard exists on part of the lands. 3. BACKGROUND 3 . 1 An application for amendment to the Town of Newcastle Zoning By- law and for site plan agreement was submitted to the Planning Department on January 27, 1992 . The proponent has requested that the lands be zoned to permit the establishment of a driving range, miniature golf, and club house on a temporary basis. 4. EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: cash crop (corn) 4 . 2 Surrounding Uses: East - apple orchard West - existing residential South - Draft approved Plan of Subdivision North - agricultural and forested area 5. OFFICIAL PLAN POLICIES 5. 1 According to the 1976 Durham Region Official Plan, the subject lands are designated "Major Open Space" . Recreational uses, among other uses are permitted to locate on lands having this designation. In the 1991 Durham Official Plan, the lands are designated "Living Area" . Although the predominant use of lands shall be for residential purposes, this does not preclude those recreational uses deemed compatible with their surroundings. 6. ZONING BY-LAW PROVISIONS 6. 1 The subject lands are presently zoned "Agricultural (A) ". Agricultural and farm related uses shall be the predominant use of lands so zoned. 6.2 The proponent has applied to have a driving range, miniature golf, and clubhouse (pro-shop and snack bar) operate temporarily . . . 3 REPORT NO. : PD-79-92 PAGE 3 on the subject lands. Section 39 of the Planning Act states that Council may pass a by-law authorizing the temporary use of land, building, or structures for the purpose or use that is otherwise prohibited by the Comprehensive Zoning By-law. If approved, the adopting by-law must state a period of time for which the by-law shall be in effect, and it shall not exceed three years from the day of passage of the temporary use by-law. Upon expiry of the time period as set out in the adopting by-law, Council may grant the temporary use by-law to be extended for periods of not more than three years. 7. PUBLIC MEETING AND SUBMISSION 7 . 1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 8. AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Durham Region Health Unit Ministry of Natural Resources 8 . 2 The Town of Newcastle Community Services Department requested that the applicant provide 2% cash-in-lieu of parkland to be credited to the parks reserve account. A landscape plan shall be prepared to the satisfaction of the Community Services Department. This plan shall depict how the parking area can be screened from vehicular traffic and abutting land uses. , . . .4 REPORT NO. : PD-79-92 PAGE 4 8. 3 The Town of Newcastle Fire Department requested that a detailed drawing be reviewed by the Fire Prevention Officer to ensure compliance with the Ontario Building and Fire Codes. 8. 4 The Durham Region Planning Department commented that the use proposed, being recreational in nature, complies to the 1976 Durham Region Official Plan. With respect to the 1991 Official Plan, Regional Planners state that although the land is designated "Living Area", this does not preclude the establishment of recreational uses which are compatible with their surroundings. 8. 5 The Ministry of Agriculture and Food stated that they will not support this application until such time as the Region of Durham has provided the Ministry with sufficient justification for the inclusion of these lands within the urban boundaries as proposed in the 1991 Regional Official Plan. 8. 6 Comments remain outstanding from the following agencies: Town of Newcastle Public Works Department Newcastle Hydro electric Commission Central Lake Ontario Conservation Authority Durham Region Works Department Ministry of Transportation Ministry of the Environment Ontario Hydro 9. STAFF COMMENTS 9. 1 The applicant's consultant has informed Staff that sanitary services will be provided by means of a septic system. Water will also be provided on site. 10. CONCLUSION 10. 1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council . . .5 J �) REPORT NO. : PD-72-92 PAGE 5 with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and at such time as all outstanding comments have been received and agencies satisfied, a report will be forwarded to Committee/Council for consideration. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence E Kotseff Director of Planning Chief Admi istrative and Development Officer HM*FW*jip *Attach 26 March 1992 Interested parties to be notified of Council and Committee's decision: Green-Martin Properties Limited 1029 McNicoll Avenue Scarborough, Ontario M1W 3W6 Design Plan Services Inc. 385 The West Mall Suite 303 Etobicoke, Ontario M9C 1E7 .) 34 MAPLE `GROVE ROAD m RH _ 3-6 - m< C OD m v � D C D CA r _ M ro D n GREEN 0 t � w ? � 3 �� r %z � N 0) CONCESSION 1 CONCESSION 2 MAPLE GROVE ROAD rn = RH C / ca C. D D 0° v � D < D ♦ - O 3 0 _ _ ♦ .� rn _ N D — ° D ro D n GREEN � � ROAD O Q tt1t1t1tlt1ttltttlt11t11111111t1ttttltHttt11tt1t1t1H11111t1/11N1H1tIt11t1tttMtNt111M/M111� O t = t w D jz fo " - CONCESSION I CONCESSION 2