HomeMy WebLinkAboutPSD-065-03
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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
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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
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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
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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
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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
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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
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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
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ATTACHMENT 1
LOT 28
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Clarke Key Map
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CONCESSION ROAD 4
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ZBA 2001-018
Zoning By-law Amendment
Owner: Di Adamo Holdings and
Enterprises Limited
CONCESSION ROAD 3
69908
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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
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This is Schedule "A" to By-law 2003-
passed this day of ,2003 A.D.
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NO
~ZONING
~ZONING
,.............'..\ ZONING
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~ZO.NING
John Mutton, Mayor
CLARKE
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CHANGE FROM "A-1" TO "A-72"
TO REMAIN "A-1"
TO REMAIN "C4"
TO REMAIN "EP"
LOT 28 LOT 27
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69910
Patti L Barrie, Municipal Clerk
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