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HomeMy WebLinkAboutPSD-033-03 ..~ .,,,->C.... .s.' . ! _'1' "- UNFINISHED llU~.. 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 /}('Y) ~ -() 31 ~y-Yavc. ~:<fo 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 ;1, _<.' , 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 " , 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 658 " .-v 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 659 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 660 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 661 REPORT NO.: PSD-033-03 PAGE 7 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 662 " .' 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. 663 REPORT NO.: PSD-033-03 PAGE 9 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. 664 REPORT NO.: PSD-033-03 PAGE 10 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. 665 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. 666 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 667 ." 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. 668 c' REPORT NO.: PSD-033-03 . PAGE 14 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 669 "-' ,v 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 - . . Agricultural ATTACHMEHT 1 Lot 10 LotS . - Agri Itural Rural Residential Orchard Eq estrian Centre . . . I co c 0 'g 'jii ., 1l :2 c '" 0 0:: I (J f! ::l . . ~ l/) z w ::;: W ...J (J - . .- . Winery I Farme~s market r. .. -. Subject Site . . CONCESSION ROAD 6 Darlington Key Map J CONCESSION IROAD 7 ILJI I ~ '" 0 0 -< 0 (I 0 '" -< 0 '< '" '" w -< ~ ~ 0 '" 0 -< :> 0 w u CONCESSION ROAD 6 II II II II ZBA 2002-009, SPA 2002-007, COPA 2002-004 and ROPA 2002-003 o i'i '" -< o V> W I ~ W '" o -< o '" V> W '" U -< Zoning By-law, Site Plan, Clarington Official Plan and Regional Official Plan Amendments Frederick Archibald II II 671 ATTACHMENT 2 LOT 10 Cas" Crop . Property Line ,. ~ I l- e: o z I- W W e: I- C/'J ~ e: w CD ....J Existing Pkk Your Own Orchard '\ ~ Centre Road ""~;-, Existing Pick Your Own Orchard Existing W"uteT}' Resldence/Bams e Cas" C,op co z o - l C/'J ! C/'J w C) z o () ZBA 2002-009 , SPA 2002-007, COPA 2002-004 and ROPA 2002-003 ~ "' '" o V> w ~ m o "' V> W "' 'I Zoning By-law, Site Plan, Clarington Official Plan and Regional Official Plan Amendments Frederick Archibald CONe SION R 6 PlnJllTlJllTimrITlllTTlPlli 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. , Lot 10 401.11 J: ~ 0 <0 Z c: I- "- 0 w "- "- '(ji w "- .. III 0:: .. a 8 I- a .. .. Vl c: ~ 0 U W III :J 400.81 V//:I Zoning Change From "A-1" To "(H)A-70" J John Mutton, Moyor Patti L. Barrie, Municipal Clerk II II , II II II II II II 1 II II I CONCESSIO nl j LJLLd:JJ I o <( o '" Su bject Site o <( o '" o <( o '" w -' o o '" I f- '" Z f- W W '" f- (J) ~ '" w CD :J (J) z w '" w -' u <( o (J) W I f- W CD J CO CESSION 11 'II I II Darlington 11 I II I I III 67/ II