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HomeMy WebLinkAboutPSD-065-03 "., . -~ . a. f1 L~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 PI'1 ZBA 2001-018 G! 1/-;2>3 -03 By-law #:.J.CtJ 3 - v7 Y Report #: PSD-065-03 File#: Subject: REZONING APPLICATION APPLICANT: DI ADAMO HOLDINGS AND ENTERPRISES LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-03 be received; 2. THAT the Amendment to Zoning By-law 84-63, as per Attachment 2 to this Report, to permit a golf driving range and mini putt on a temporary basis for a three year period, pursuant to Section 39 of the Planning Act, be APPROVED and forwarded to Council for adoption; 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Sobm;t\ed by, ~ David J. Crome, M.C.I.P.,R.P.P. Director, Planning Services RevieWedbY:O~--.::. ~ Franklin Wu Chief Administrative Officer BRlL TIDCldf 22 May 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 69901 \. -~ REPORT NO.: PSD-065-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Di Adamo Holdings & Enterprises 1.2 ApplicanUAgent: Barry Jones 1.3 Rezoning: From "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-72) Zone" in order to permit the reinstatement of the use of these lands for a golf driving range and related activities on a temporary basis for a period of three (3) years. 1.4 Area: 13.88 hectares (34.30 acres) 1.5 Location: The area subject to the proposal is located at 3171 Highway 35/115, northeast of the intersection of Highway 35/115 and Concession Road 3. The more formal location description is Part Lot 28, Concession 3, former Township of Clarke (see Attachment 1). 2.0 BACKGROUND 2.1 On August 14, 2001, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the continued use of the lands for a golf driving range and related activities on a temporary basis for a period of three (3) years. 2.2 A public meeting for the rezoning was held on October 1, 2001. No one spoke in objection to/with concern for the rezoning. No one spoke in support of the rezoning. The applicanUagent, Mr. Barry Jones, acting for the property owner, Di Adamo Holdings & Enterprises, was present to answer questions. 2.3 A neighbour to the west, Mr. Mark Easton, of Easton Cap Sales, had insisted verbally and in writing, that there are serious safety and liability concerns, both 69902 , . ., REPORT NO.: PSD-06S-03 PAGE 3 human and property, associated with golf balls travelling over the 9.14m (30 ft.) netting fence on the west side of the driving range. In light of the applicant's submission on May 12, 2003 of a revised site plan, and specifically, the re-orientation of the driving range facilities from a south-north direction to a west-east direction, the problem of stray golf balls flying onto his property and Highway 115/35 becomes a moot point. Mr. Easton has confirmed with staff that with the re-orientation of the driving range he would have no further objections to the approval of the application. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is partially occupied by the existing golf driving range. A residence and a golf driving range maintenance equipment shed are also on the property. Foster Creek runs through the south end of the property. The topography is generally flat. 3.2 The surrounding land uses are as follows: North - The Pines Senior Public School and Clarke High School South - Agricultural East - Agricultural West - Commercial with frontage on Highway 35/115 4.0 OFFICIAL PLAN CONFORMITY 4.1 Within the Durham Regional Official Plan, the subject property is designated as "Permanent Agricultural Reserve". 4.2 Within the Clarington Official Plan, the subject property is designated generally as "Prime Agricultural Area" with the south end designated "Environmental Protection Area" due to the presence of Foster Creek. 69903 c REPORT NO.: PSD-06S-03 PAGE 4 Section 23.4.4 of the Clarington Official Plan states that Temporary Use By-laws may be passed to permit the use of lands, buildings or structures on a temporary basis provided that: . the proposed use is temporary in nature; · the proposed use is compatible with adjacent existing land uses and has a minimal impact on any natural features; . there will be no adverse impacts on traffic or transportation facilities; . adequate access and parking are provided; · the use can be removed and the site can be restored to its original condition; · adequate sewage disposal and water services are available in compliance with provincial and regional standards; . the long term implementation of the Official Plan is not jeopardized; and · generally, the extension of the Temporary Use by-law does not extend beyond 10 years. 5.0 ZONING BY-LAW COMPLIANCE 5.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the large majority of the subject property is zoned "Agricultural Exception (A-1)". The Temporary Use By-law for the golf driving range and its associated "Agricultural Exception (A-63)" zoning expired on January 24, 2003. 6.0 AGENCY COMMENTS 6.1 The rezoning and site plan amendment applications were circulated to various agencies and other departments. Comments received to date are as follows. 6.2 The Engineering Services Department had no concerns. Regarding the site plan amendment, it was noted a building permit would be required for the repair and conversion of the existing barn into a storage shed. Ganaraska Region Conservation Authority approval and development charge payments are required prior to building permit issuance. 69904 , ; REPORT NO.: PSD-065-03 PAGE 5 6.3 Clarington Emergency Services, Ganaraska Region Conservation, and Hydro One Networks Inc. have offered no objections in the past. Although written confirmation has been received only from the first agency, no objections are anticipated. 6.4 In reviewing the original site plan, the Regional Planning Department noted the subject property is designated "Permanent Agricultural Reserve" in the Regional Official Plan and that municipal services are not available to the subject property, nor are there plans to make such services available to it. Should there be upgrades to plumbing on the property through new construction, Regional Health Department approval is required. There are no such upgrades proposed and, as such, the Regional Health Department offered no objections. Although written confirmation pertaining to the revised site plan, has not been received, staff does not anticipate any objections. 6.5 The Kawartha Pine Ridge District School Board had no objections to the rezoning application. With respect to the site plan amendment, as originally filed, the Board requested the fencing at the north end of the driving range be extended in an easterly direction to coincide with the width of the landing area of the range. This request is no longer necessary with the re-orientation of driving range facilities in an east-west direction. 6.6 The Ministry of Transportation Ontario had no objections in principle with the applications. The Ministry noted it has received one complaint about golf balls entering onto the highway since the driving range opened. An investigation into this complaint failed to turn up any evidence. Again, with the new orientation of the driving range, it is expected the Ministry's position will remain the same. 69905 , REPORT NO.: PSD-065-03 PAGE 6 7 .0 STAFF COMMENTS 7.1 An issue through the processing of these applications was the safety and liability concerns with regards to stray golf balls travelling west to a neighbouring business property and to a much lesser extent Highway 35/115. 7.2 Through the submission of the revised site plan drawings with the tee-mats facing east, Di Adamo Enterprises and Holdings has eliminated the problem of stray golf balls travelling west to the Easton property and Highway 35/115. 7.3 The land to the east of the driving range is a hay-field and essentially vacant. The owner of the land, Mr. Hugh Allin, has stated, in writing, that he understands some golf balls may enter his property but that nevertheless, he has no objection to the reorientation of the driving range. Staff will be requiring through the site plan amendment that netting is provided along the easterly limits of the driving range to restrict golf balls from entering Mr. Allin's property and that netting and poles remaining at the westerly limits of the driving range be removed. 8.0 CONCLUSION 8.1 It is respectfully recommended that the Temporary Use By-law contained on Attachment 2 be APPROVED. The site plan agreement will be amended to reflect the new driving range orientation. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment 69906 , .' REPORT NO.: PSD-065-03 PAGE 7 Interested parties to be notified of Council's decision: Barry Jones New Castle Drafting 76 Baldwin Street Newcastle, ON L1B 1H1 Mark Easton Easton Truck Cap Sales R.R.#8, Lot 3279 Highway 35/115 Newcastle, ON L 1 B 1 L9 Lorenzo Di Adamo 180 Lyndhurst Drive Thornhill, ON L3T 6T6 Mario Covello 8 Deer Path Road Toronto, ON M3A 1 R5 Kim Sims 627 Sunset Boulevard Newcastle, ON L 1 B 1 C9 69907 . ATTACHMENT 1 LOT 28 "" '.'':c'~-o'- i ~ i , ,~ I' ~ , i , , '. t~ ;, L_ l 2 ~ ",oN:<".,~ J /. O/""~""I -':"4" .~'o" ~~"-'",""""... ej1#.>" 4,;,.00 ",~., 5B> It) .... .... - It) M >- ~ :I: 5:2 :I: A . , , ., -!"; 4'^-">'" \ \\ -V .J:Q&.-~~T1..,.E.~o"'_ ~~~"''-4"=~'1_ O'-'-'-"'F,ili~~ """'f"Ebf'h''''''l~. ,- , I , " I I , j'-(:,',r:--IX.;',.1i"<''''-; ~"!..r aJ-"'''' , ~ 0' t M Z Q rn rn w o z o o :.=4 /v~~...;;,""~ 2M" ....EG~ ~- '~'r'- ! "-"'; _.,,-' llw ......,."" "'1A..-<- ,/'...:o..,~~q"",lr.'!'i 4' . 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ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 in accordance with application ZBA 2001-018 to authorize the temporary use of iand, buildings or structures pursuant to Section 39 of the Planning Act, 1990 to permit a golf driving range; 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 (A) ZONE" is hereby amended by adding thereto, the following new Special Exception as follows; "6.4.72 AGRICULTURAL EXCEPTION (A-72) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned "A-72" on the Schedules to this By-law shall be used for a golf driving range. For the purposes of this section, a golf driving range is defined as a public or private area operated for the purpose of developing golfing techniques but excludes golf courses," Pursuant to the requirements of Section 39 of the Planning Act, 1990, this use may be permitted for a period of three (3) years ending June 9, 2006, 2. Schedule "2" to By-iaw 84-63, as amended, is hereby further amended by changing the zone designation from; "Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-72) Zone", as illustrated on the attached Schedule "A" hereto. 3, Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 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 69909 " This is Schedule "A" to By-law 2003- passed this day of ,2003 A.D. ~ ~ ~ )... i ~ ~ "' '" fj~o "'0 NO ~ZONING ~ZONING ,.............'..\ ZONING ............... ~ZO.NING John Mutton, Mayor CLARKE , I I , , , , , , , I I , , I , , , , , , , , , I I I , , , , I , I , , , , , , , , , I I I ~ CHANGE FROM "A-1" TO "A-72" TO REMAIN "A-1" TO REMAIN "C4" TO REMAIN "EP" LOT 28 LOT 27 h--! ,; o I_._.~-" -l : !, c-ll----L-_, ----' ,_ ,..., , I , Z :: Q " (/) " (/) , w " u " z , 0 " u , I , I , LOT 29 r~ I L/l -~-CONCESSION ROAD 3 69910 Patti L Barrie, Municipal Clerk , I II I J