HomeMy WebLinkAboutPSD-033-03
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REPORT
PLANNING SERVICES
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE C-~-o3
Monday, March 24, 2003 W c.r
PSD-033-03 File #: cOPA 2002-004, ZBA 2002-009
and ROPA 2002-003
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Meeting:
Date:
SUBJECT:
APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN, REGION OF
DURHAM OFFICIAL PLAN, AND MUNICIPALITY OF CLARINGTON
COMPREHENSIVE ZONING BY-LAW
FREDERICK AND SANDRA ARCHIBALD
PT LT 10 CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON
6275 LIBERTY STREET
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-033-03 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington recommends that the application to amend the Durham Region Official Plan
(ROPA 2002-003), as submitted by Frederick and Sandra Archibald to permit a small-
scale nine hole golf course as an accessory use to a farm winery, be approved;
3, THAT Official Plan Amendment 31 to the Clarington Official Plan to permit the
construction of a small-scale nine hole golf course as an accessory use to a farm winery
be ADOPTED as indicated in Attachment No. 3 to Report PSD-033-03; that the
necessary by-law be passed; and further that the amendment be forwarded to the
Regional Municipality of Durham for approval;
4. THAT the application to amend Zoning By-law 84-63 of the Municipality of clarington as
amended, (ZBA 2002-009) submitted by Frederick and Sandra Archibald to be
forwarded to Council for approval and that the necessary by-law be passed as
contained in Attachment 4;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, .ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
656
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REPORT NO.: PSD-033-03
PAGE 2
5. THAT the Durham Planning Department be sent a copy of Report PSD~Q3~-03; and
6. THAT all interested parties and the Regional Municipality of Durham be advised of
Council's decision
_~bY.~
F Chief Administrative Officer
Submitted by: a' J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
DJC*sh
March 18,2003
657
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REPORT NO.: PSD-033-03
PAGE 3
1.0 DEVELOPMENT APPLICATION
1.1 Applicant: Frederick and Sandra Archibald
1.2 Official Plan Amendment: To amend the land use designation in the Official Plan
from "Prime Agricultural Area" to permit a small-scale 9
hole golf course as a secondary use to the existing
agricultural operation. An application to amend the
Durham Region Official Plan has also been submitted
(ROPA 2002-003).
1.3 Rezoning:
To amend the Comprehensive Zoning By-law 84-63, as
amended, of the Municipality of clarington to permit a
small-scale 9 hole golf course as secondary to the existing
agricultural operation.
1.4 Land Area of Application: The proposed golf course will utilize approximately 1.5 ha
(4 acres) of a 16 ha (40 ac) parcel.
2.0 LOCATION
2.1. The subject lands are located in Part of Lot 10, Concession 6, former Township of
Darlington at 6275 Liberty Street North (Attachment 1).
3.0 BACKGROUND
3.1 In July 2001, the owner met with staff to discuss the proposal prior to submission of the
required official plan amendment, zoning and site plan applications. The owner also
met with Durham Region and CLOC staff to discuss what information would be
required to support an application to permit the proposed use. Applications for
amendment to the Clarington Official Plan, rezoning and site plan were received on
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REPORT NO.: PSD.Q33-03
PAGE 4
February 20, 2002. clarington was advised on March 6th, 2002 that an application to
amend the Durham Region Official Plan was received.
4.0 EXISTING AND SURROUNDING USES
4.1 Site Characteristics
The land slopes to the south and according to the provincial soils mapping, the soils
are predominately Class 1. A well-established apple orchard exists on the site. In
addition to the apple orchard, there is a 464m2 winery, two barns totalling 710m2, and
the owner's residence. The owner operates a successful "pick-your-own" business and
fruit winery. The fruit winery business and building were established in 1997. Apple-
related bakery and preserves/condiments are prepared and sold on site. Wine and
cheese festivals, culinary festivals and weddings are hosted on site. Bus tours often
visit the winery and orchard and many school classes visit the orchard as part of their
curriculum. In the fall of 2001, a pond was dug in the south-east corner of the subject
lands. The pond will be used for irrigation of the proposed golf course.
4.2 Surrounding Uses:
East equestrian centre, apple orchard, and wooded area
North agricultural crops
West livestock farm
South agricultural crops
5.0 PROVINCIAL POLICY
The Provincial Policy Statement (PPS) protects prime agricultural areas for agriculture
uses, secondary uses and agriculture-related uses. The PPS defines agriculture-
related uses as small-scale commercial or industrial uses that are directly related to the
farm operation and are required in close proximity to the farm operation. Secondary
uses are defined as being secondary to the principal use of the property and produce
value-added aQricultural products from the farm operation on the property. With
appropriate justification, location of a new non-residential land use, including a golf
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REPORT NO.: PSD-033-03 PAGE 5
course, within a prime agricultural area may be considered. The PPS states
justification shall include:
. Demonstrated need for the designation of additional lands to
accommodate this use.
. That there are no reasonable alternative locations on land not identified
as prime agricultural area.
. That there are no reasonable alternative locations in prime agricultural
areas with lower priority agricultural lands.
Under the Planning Act, the Municipality shall have regard for the Provincial Policy
prior to making a decision on the planning application.
6.0 OFFICIAL PLAN POLICIES
6.1 The Durham Region Official Plan designates the lands " Permanent Agricultural
Reserve". Golf courses are permitted within this designation by amendment subject to
a number of criteria. These criteria are similar to those contained within the Clarington
Official Plan.
6.2 The subject lands are designated "Prime Agricultural Area" in the Clarington Official
Plan. Lands so designated shall be used for farm purposes. Golf courses may be
permitted in agricultural areas by amendment to the Official Plan, provided that the
criteria as outlined in Section 13.3.4 of the Official Plan are satisfied. This criteria
includes in part; demonstrating need for the golf course within the prime agricultural
area, conformity to Minimum Separation Distance Formula (MDS), there will be no
adverse impacts on the natural environment or surrounding agricultural practices, and
private servicing system complies with Ministry of the Environment and Region of
Durham standards.
6.3 The owner is proposing that the Clarington Official Plan be amended by adding a new
exception to Section 23 of the Official Plan as follows:
23.14.2 "Notwithstanding Section 13.3, a small-scale nine hole golf course is a
permitted secondary use on those lands identified by role # 010 110
08600 000. Zoning and site plan requirements will ensure that the
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REPORT NO.: PSD-Q33-03
PAGE 6
secondary use is integrated and will not occupy more than 10% of the
total area."
7.0 ZONING BY-LAW PROVISIONS
7.1 The Municipality of clarington Zoning By-law 84-63, as amended, zones the subject
lands "Agricultural Exception (A-i) zone. A golf course is not permitted within this
zone, hence the need for a zoning amendment to permit the proposed use.
8.0 PUBLIC MEETING AND SUBMISSION
8.1 At the statutory public meeting held, on April 29, 2002, residents expressed the
following concerns:
. the proposed use may have a negative impact on the groundwater regime;
. permitting a golf course in an agricultural area may impair the ability for the
lands to be used to their full agricultural potential over the long term;
. how will a golf course add value to an agricultural operation; and
. that this application would establish a precedent, ultimately jeopardizing the
preservation of prime agricultural land within Clarington.
8.2 Correspondence was received from the Durham Region Federation of Agriculture
raising concerns about integrating the golf course into the orchard operation and the
potential for conflicts to arise with the introduction of a recreational use into an
agricultural area. If the application is approved, the Federation asked that the zoning
and site plan agreement specifically address requirements for fencing, buffer zones
and water usage to ensure that neighbouring farm operations are not disrupted.
9.0 AGENCY COMMENTS
9.1 The application was circulated to a number of agencies for comment. clarington
Emergency Services, CLOC, Durham Regional Health Department have no objection
to the approval of this application.
The Engineering Services Department request that a grading plan, entrance design
and improvements, and a performance guarantee for all external works including the
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REPORT NO.: PSD-033-03
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entrance, be provided. In addition, 2% cash-in-Iieu of parkland contribution is required.
If the applications for official plan amendment and rezoning are approved, these items
will be required prior to the Municipality entering into site plan approval with the owner.
9.2 In response to the Region's circulation of the application, the Ministry of Municipal
Affairs advise that although the proposed small-scale golf course is of a size that would
be considered secondary, the golf course does not have a direct relationship to the
primary use, and it is not an agricultural-related use. The Ministry suggested that the
Region should determine whether a justification report in support of a new non-
residential use is warranted.
10.0 TECHNICAL STUDIES
10.1 In support of this application, a number of studies have been prepared including a
planning report, phase 1 environmental site assessment, turf management report,
agricultural assessment, and hydrogeological report. A peer review of the
hydrogeological report was conducted in accordance with the Region's policies.
10.2 The planning report was prepared by the owner and states that the golf course will
improve the viability of the existing agricultural operation as it is anticipated that
increased wine sales will be generated as more visitors come to the farm. The report
states that "The pick-your-own, winery and golf course are seen as complementary
operations with the common goal of finding a market for the agricultural products
produced on the farm". Measures will be taken in the design of the golf course that will
reduce the impact on the agricultural operation. For example the design will take
advantage of areas left to fallow and vacant areas between the property line and the
limits of the orchard (Attachment 4). The existing topography will not be modified with
the exception of necessary contouring at the tees and greens. Low maintenance
grasses will be used and irrigation will be restricted to the tees and greens and
pesticide use on the golf course will be limited. Existing facilities already located on
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REPORT NO.: PSD-033-03
PAGE 8
site will be used including the parking area and the buildings. There is no club house
planned.
10.3 An Agricultural Assessment was prepared by Toombs Consulting stating that the
proposal will not disrupt the orchard and no reduction in apple production is
anticipated. The users of the golf course will have no more impact on the adjacent
farm uses than the pick-your-own operation. concem was expressed that golfers may
interfere with adjacent agricultural operations, but this can be addressed by appropriate
orientation of tees, fencing, buffering at the property lines and effective signage. The
report states that this golf course is intended to be secondary to the farm and is part of
the value-added aspect of the existing secondary uses. The report concludes the
proposed use complies with Minimum Distance Separation (MDS) requirements.
10.4 The owner proposes in the Turf Management Report to utilize drought resistant grass
species hence reducing the need for irrigation. Irrigation will only be used to
supplement natural rainfall. Soil samples will be taken annually to ensure nutrient
levels are not being exceeded and Best Management Practices will be utilized for an
integrated pest management system.
10.5 A hydrogeological assessment was prepared by Waterloo Geoscience Consultants Ltd.
The impact of using the pond for irrigation purposes was assessed. The report
concludes that there will be no negative impact on adjacent wells, the nearby tributary,
or on the small wetland located south of the subject lands. Water levels in the small
tributary, the wetland and the pond will be monitored and pumping records will be
maintained. Central Lake Ontario Conservation concurs with the findings of the
hydrogeological assessment. In accordance with Regional policies, a peer review of
the hydrogeological work has been conducted. The Region advises that additional
hydrologic work is required to ensure all adjacent wells are not impacted upon. This
issue can be addressed prior to the owner entering into a development agreement with
the Municipality.
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REPORT NO.: PSD-033-03
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11.0 STAFF COMMENTS
11.1 In today's economy, agricultural operators are continuously seeking new ways to
remain competitive and enhance profitability. Some pursue highly mechanized
farming which requires farming of large acreages. Livestock farmers have been
constructing increasingly intensive feedlot operations. Other farmers seek ways to
increase farm-gate sales through farm markets, processing foods or products such as
cider, wine or honey. Others seek to supplement income with bed and breakfast
facilities or farm-related commercial uses. The concept of "agri-tourism" is being
promoted in some areas as a means of helping farming to remain viable. The
proposal by the Archibalds is an innovative approach which they indicate will improve
the profitability of the farm operation and the winery that currently exists on site.
Whether a small scale golf course can be considered a legitimate secondary farm use
is the central question for this application.
11.2 The profitability of wholesale apple operations in Ontario is in decline due to
globalization and the accessibility to new apple growing regions such as Africa and
China. The decline of the apple industry is apparent in Clarington where the number of
farms reporting apple orchards has declined 40% from 49 in 1996 to 28 in 2001 and
the number of hectares in apple orchards has also declined 31% from 378 in 1996 to
261 in 2001.
11.3 The Archibalds realize the state of apple farming is in decline. Over the years they
have diversified and have introduced "agri-tourism" uses such as, pick-your-own
orchards an apple-related bakery, fall festival, a winery and related uses such as wine
and cheese festivals, culinary festivals and bus tours. The owners clearly want to keep
the farm as the principle use and consider the golf course a secondary use that will
have a positive effect on the farm and winery as increased sales of wine and apple
products may result from an increase in the number of visitors to the site.
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REPORT NO.: PSD-033-03
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11.4 The Provincial Policy Statement identifies the protection of prime agricultural land for
agriculture as a provincial interest. Proposed new secondary uses will be compatible
with, and will not hinder, surrounding agricultural operations. The Ministry of
Municipal Affairs indicates that the golf course does not have a direct relationship to
the primary use - the farm. Staff do not disagree the golf course is a recreational use
which is intended to promote sales from the farm winery, which is itself a secondary
use. In this regard, the golf course is in reality, a tertiary use to the farm operation.
The Ministry indicates that the proposed golf course does not meet provincial policy
for secondary uses.
If it is not a secondary use as defined by the PPS, under Section 2.1.3 c), there can be
consideration of new non-residential uses in prime agricultural lands with the following:
o There is a demonstrated need for additional land to be designated to
accommodate the proposed use;
. There are no reasonable alternate locations to accommodate the use on non-
prime agricultural land; and
o There is no reasonable alternate location within the prime agricultural area, but
on lower priority agricultural lands, to accommodate the proposed use.
The Ministry suggested that a justification report addressing the above items could be
requested. However, in staffs view, the applicants could never meet the requirements
of this section. The development applications submitted by the Archibald's do not
meet the PPS with respect to secondary farm uses. In making a decision, Council
must have regard for the Province's interest as defined in the PPS but is not required
to follow and implement the PPS in all circumstances. It is staffs view that given the
unique circumstances, the introduction of the pitch and putt golf course on 1.6 ha in
association with the farm winery does not offend the broad intent of provincial policy to
protect agricultural land. The introduction of the pitch and putt golf course provides a
limited intrusion into agricultural lands, will not hinder surrounding agricultural
operations, is not likely to become a precedent for other uses due to its exceptional
circumstances, and provides a means for the farm winery to find new markets for its
products.
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REPORT NO.: PSD-033-03
PAGE 11
11.5 The clarington Official Plan has an overall goal of encouraging and supporting the
agricultural industry as part of the Municipality's economic base. In order to do this,
specific objectives include; preserving high quality agricultural lands for farming
purposes, promoting stewardship of agricultural lands for future generations and
directing non-farm uses to settlement areas. Golf courses, even small scale "pitch
and putt" operations, are not considered permitted secondary uses in the Official Plan.
The application was specifically for a golf course as a secondary use to the total farm
operation, including the winery.
11.6 The Durham Region and clarington Official Plans both permit golf courses within the
agricultural designation by amendment. Each Official Plan provides a list of criteria
that shall be considered when reviewing a golf course application, the purpose of which
is to ensure that the establishment of a golf course will be compatible with adjacent
land uses, will protect agricultural lands and will not have a negative impact on the
environment. By virtue of the fact that the owner's proposal is for a small-scale golf
course that will be associated with the agricultural operation not all of the criteria
contained in the Municipality of clarington Official Plan can be met. For example, the
subject lands are located on high capability agricultural lands, an exploration of
alternative off-site locations was not conducted, and the need for another golf course in
Clarington was not addressed. As such, the owner through the official plan
amendment is seeking exemption from these criteria.
11.7 The proposed official plan amendment as prepared by the owner identifies the intent
that the golf course is to remain "secondary to the farm operation". It specifies that the
golf course will be small-scale and that it will not occupy more than 10% of the total
farm area (4 acres). There will be no changes to existing natural grade except for tees
and greens. In addition, the owner is agreeable to having very site specific zoning
placing tight constraints on the limits of the golf course, and the owner will enter into a
development agreement with the Municipality.
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REPORT NO.: PSD-033-03
PAGE 12
Staff are recommending that a "pitch and putt" golf course be strictly defined in the
zoning by-law to incorporate many of the above features. However, it is staffs view
that the golf course is related to the farm winery, not the principal farm operation.
Therefore the Official Plan and Zoning amendments recommended by staff provide for
the pitch and putt golf course be accessory to the farm winery. Accessory is defined as
"subordinate and incidental to the principal use......
11.8 A concern was raised by the public about the precedent that approving this application
would have for other situations. This is also a concern of staff and there is some
possibility that other proposals will come forward. Agriculture is under threat and there
will certainly be other schemes to produce supplemental income for farmers on their
lands. However, in considering the uniqueness of the Archibald operation - it is the
only farm winery in Clarington - staff accept that this innovative proposal will benefit
the viability of the farm and winery operation with minimal impacts on adjacent lands
and no long term consequences on the agricultural potential of this property. Other
applications will be very limited and will be reviewed on their merits.
11.9 Residents expressed that allowing a golf course to establish on prime agricultural land
may impair the ability of adjacent lands to be utilized to their full agricultural potential.
The owner maintains that the golf course will be secondary to the farm operation and
will help ensure the viability of the farm. Other concerns expressed by residents have
been addressed either through study findings or the commitments that the owner is
willing to make to ensure that the golf course will not adversely impact the adjacent
land owners this includes the installation of fencing in critical areas and appropriate
signage.
11.10 I n order to proceed to develop the pitch and putt golf course, the applicant must
proceed with site plan approval. For this, staff will require complete and accurate to-
scale site plan drawings with surveyed grades prepared by a qualified landscape
architect to be submitted showing phasing of fairways with orchard rotation. As
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REPORT NO.: PSD-033-03
PAGE 13
recommended by the hydrogeological peer review, the site plan will need to
incorporate a design document that incorporates best management practices for
stormwater management and grading of the site and immediate areas.
It was also recommended that an operations manual should be prepared for the site
that will be based on developing a program of best management practices for both
the golf course and apple orchard together. The operations manual is to address
the integrated management of the site, including the monitoring of fertilizer and
pesticide use, total water use on the site and potential effects on local wells and
watercourses. The applicant will be required to file this manual with the
Municipality.
Lastly a number of studies recommended monitoring requirements for the golf
course. The monitoring requirements include the following:
. Maintain a daily log of water used for irrigation purposes;
. Take annual soil samples to ensure nutrient inputs are not exceeded;
. Conduct weekly measurements of the water depth in the wetland for one
year and once weekly in June, July and August for three years after.
Monitoring results will be reviewed and assessment made as to whether
additional or continued monitoring or mitigation is required.
. Conduct daily readings of pond level in May, June, July and August of the
first year of operation, after which weekly readings will be conducted.
Monitoring requirements are always difficult to enforce. However, it is possible that as
a condition of site plan approval, the applicant be required to submit an annual
monitoring report to the Municipality and CLOC for the first 3 years of operation. At the
sole discretion of the Municipality this would be extended. The site plan agreement
would provide for the owner to undertake any mitigation measures needed.
11.11 As an amendment to the Durham Region Official Plan is required, the Clarington
Official Plan amendment is a 'non-exempt'. The Region of Durham must approve the
amendment to the Clarington Official Plan.
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REPORT NO.: PSD-033-03
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12.0 CONCLUSION
12.1 While municipal policies focus on preserving land for agriculture, there is recognition
of the changing face of agriculture and the need for diversification to remain
competitive. Agri-tourism is one of those options pursued by some farmers to remain
viable and produce supplementary income. The Archibald orchard and winery has
established itself as a local tourist destination and the addition of a nine hole pitch and
putt golf course could supplement direct farm sales of products grown or produced on
the farm. It is an innovative approach but does raise some concerns. However, the
goal of the clarington Official Plan is to support the agricultural industry as an
important component of the Municipality's economic base. The applicant's proposal
yields a minimal loss of agricultural land.
While this proposal is contrary to the PPS, and the general criteria in the clarington
Official Plan for golf courses in agricultural areas, on balance there are enough
positive attributes for staff to be able to support the introduction of this use provided
that there are adequate controls to ensure that the golfing component remains a
secondary use on the property and accessory to the estate winery.
12.2 It is recommended that the Region be advised of the Municipality's support for the
application to amend the Durham Regional Official Plan submitted by Fred and
Sandra Archibald. It is also recommended that Amendment 31 to the Clarington
Official Plan be adopted as shown in Attachment 3.
12.3 It is recommended that the zoning application be approved with a Holding Symbol as
shown in Attachment 4. The zoning by-law will not come into force until the Official
Plan Amendments are approved.
Attachments:
Attachment 1- Key Map
Attachment 2 - Proposed Site Plan
Attachment 3 - Proposed Official Plan Amendment and Adopting By-law
Attachment 4 - Proposed Zoning By-law Amendment
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REPORT NO.: PSD-033-03
PAGE 15
Interested parties to be advised of Council's decision:
Frederick and Sandra Archibald
6275 Liberty Street North
R.R. #5
Bowmanville, Ontario
L 1 C 3K6
Fred Janssens
6346 Clemens Road
R. R. #5
Bowmanville, Ontario
L 1 C 3K6
Durham Region Federation of Agriculture
C/o Karen Yellowlees, Secretary Treasurer
4441 Malcolm Road
Nestleton, Ontario
LOB 1 LO
670
Mr. and Mrs. Vaneyk
6613 Clemens Road
Bowmanville, Ont
L 1 C 3k6
Linda Gasser
7421 Best Road
P.O. Box 399
Orono, Ontario
LOB 1 MO
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672
ATTACHMENT 3
AMENDMENT NO. 31
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
To allow a nine hole pitch and putt golf course as a secondary use on
Part Lot 10, Concession 6, Former Township of Darlington, 6275 Liberty
Street North.
BASIS:
An application to amend the Official Plan to permit a nine hole pitch and
putt golf course on lands designated "Prime Agricultural Area" and
further described as Part Lot 10, Concession 6, Former Township of
Darlington, 6275 Liberty Street North, was received
An amendment to the Clarington Official Plan is necessary to allow the
proposed nine hole pitch and putt golf course as secondary to the
permitted agricultural use.
A number of studies including hydrogeological, turf management and
agricultural assessment were prepared in support of this application.
The studies conclude that there will be no significant impact on the
existing and surrounding agricultural area nor on the nearby stream or
wetland.
ACTUAL
AMENDMENT:
The Clarington Official plan is hereby amendment by:
i) adding a new subsection to Section 23 Exceptions as follows:
"23,14,3
Notwithstanding Section 13,3, a nine hole pitch and putt golf course
is a permitted accessory use on those lands identified by
assessment number 18-17-010-110-18600-000 located in Part of
Lot 10, Concession 6, Former Township of Darlington, 6275 Liberty
Street North, Zoning and site plan requirements will ensure that:
a) the pitch and putt golf course will not occupy more than 10% of
the total lot area;
b) appropriate buffers and fencing will be incorporated into the
design;
c) permanent washroom facilities will be provided to the
satisfaction of the Region of Durham;
d) the site plan and design incorporate best management
practices; and
e) appropriate monitoring and mitigation measures be taken.
673
IMPLEMENTATION:
INTERPRETATION:
ii) adding a new definition to Section 24.13 as follows:
"Pitch and Putt Golf Course
An area of land operated for the purpose of a par 3 golf course in which
the maximum distance from the tee to hole shall be 160 metres. A pitch
and putt golf course shall not include accessory uses such as a goif
driving range, a mini-putt, a club house, a restaurant or a bar. A pitch
and putt golf course shall be designed with no changes to existing
natural grade with the exception of minimal changes for tees and
greens".
The provisions set forth in the Clarington Official Plan, as amended
regarding the implementation of the Plan, shall apply in regard to this
amendment.
The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
amendment.
6/4
.'
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-_
being a By-Law to adopt Amendment No. 31 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit the construction of a nine
hole pitch and putt golf course as an accessory use to a farm winery;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 31 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted:
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed
to make application to the Regional Municipality of Durham for approval of the
aforementioned Amendment No. 31 to the Clarington Official Plan; and
3. This By-Law shall come into force and take effect on the date of the passing
hereof,
By-Law read a first time this day of
2003
By-Law read a second time this day of
2003
By-Law read a third time and finally passed this day of
2003
John Mutton. Mayor
Patti L. Barrie, Municipal Clerk
675
;~ ,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2003-_
ATTACHMEHT 4
being a by-law amend By-law 84-63, the Comprehensive Zoning By-law for the former
Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement ZBA 2002-009;
NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTION -AGRICULTURAL ZONE" is hereby amended by
adding thereto the following new Special Exception 6.4.70 as follows:
"6.4.70 AGRICULTURAL EXCEPTION (A-70) ZONE
Notwithstanding Sections 6.1 and 6.3, those lands zoned "A-70" on the attached
Schedules to this By~law shall only be used and any buildings or structure thereon shall
only be constructed in accordance with this by-law and the following definitions and zone
regulations:
a) Definitions
i) Farm Winery:
Shall mean the use of land, buildings or structures for the processing of
locally grown fruit, fermentation, production, boUing, aging and storage of
wine and wine related products as a secondary agricultural use to a
vineyard and/or fruit farm, where the fruit used in the production of the
wine shall be predominantly from the vineyard and/or fruit from the farm
located on the same land as the farm winery, or as part of the farmer's
own farm operation.
ii) Pitch and Putt Golf Course:
Shall mean an area of land operated for the purpose of a par 3 golf
course in which the maximum distance from the tee to hole shall be 160
metres. A pitch and putt golf course shall not include accessory uses
such as a golf driVing range, a mini~putt, a club house, a restaurant or a
bar. A pitch and putt golf course shall be designed with no changes to
existing natural grades with the exception of ninimal changes for tees
and greens.
b) Permitted Non-Residential Uses
In addition to the other uses permitted in the "Agricultural Exception One (A-1)
Zone", a pitch and putt golf course is permitted as an accessory use to a farm
winery.
c) Regulations
i) The pitch and putt golf course can occupy a maximum area of 1.6 ha.
2. Schedule "1" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from:
"Agricultural Exception (A-1) Zone" to "Holding -Agricultural Exception (A-70) Zone"
as illustrated on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
This By-law shall come into effect on the date of the passing hereof, SUbject to the provisions of
Section 17(2) and 34 (21) of the Planning Act.
BY-LAW read a first time this
day of
2003
BY-LAW read a second time this
day of
2003
BY-LAW read a third time and finally passed this
day of
2003
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
676
~.
This is Schedule "A" to By-law 2003-
passed this day of . 2003 A.D.
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V//:I Zoning Change From "A-1" To "(H)A-70" J
John Mutton, Moyor
Patti L. Barrie, Municipal Clerk
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