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HomeMy WebLinkAboutPSD-091-03 '! - ! " Clw:-YJgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 8, 2003 'Dog . o~ GP~:' ].;;2'6-03 Report #: PSD-091-03 File #: COPA 2003-004, By-law #: ZBA 2003-016 (x-ref: ROPA 2003-003) Subject: 1559306 ONTARIO LTD. (FORMERLY BURT BECKELl) PART LOT 20, CONCESSION 5, DARLINGTON NORTHEAST CORNER OF TAUNTON ROAD AND HOLT ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-03 be received: 2. THAT the applications to amend the Clarington Official Plan (COPA 2003-004) and Zoning By-law (ZBA 2003-016) submitted by The Biglieri Group on behalf of 1559306 Ontario Limited (formerly Burt Seckell) be referred back to staff for further processing and the preparation of a subsequent report following the receipt of outstanding agency comments; and 3. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegation be advised of Council's decision. ~- Reviewed b: ~~klin Wu, It' Chief Administrative Officer Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services HS*CP*DJC*sh August 22, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 610 . REPORT NO.: PSD-091-o3 PAGE 2 1.0 DEVELOPMENT APPLICATION 1.1 Applicant: The Biglieri Group 1.2 Owner: 1559306 Ontario Limited 1.3 Official Plan Amendment: To amend the Clarington Official Plan to permit the development of a golf driving range, miniature golf course, clubhouse and storage facility and residential dwelling. An application has also been made to amend the Durham Region Official Plan to permit this use (ROPA 2003-003). 1.4 Rezoning: To change the zoning of the subject lands from "Agriculture Exception (A-1)" to a zone appropriate to permit the proposed use. 1.5 A site plan application will be required to be submitted for review and consideration if the above-referenced applications are approved. 1.6 Land Area of Application: 16.59 ha (41.7 acres) 2.0 LOCATION 2.1 The subject property is located in Part of Lot 20, Concession 5 former Township of Darlington (5075 Holt Road) and is situated at the north east corner of Holt Road and Taunton Road. 3.0 BACKGROUND 3.1 On April 24, 2003 the Bigileri Group submitted applications on behalf of Burt Beckell to amend the Clarington Official Plan and Comprehensive Zoning By-law to permit the development of a golf driving range, miniature golf course, club house, storage facility and other accessory golf uses and a residential building. The Region received an application to amend the Durham Region Official Plan on May 1, 2003 to permit these proposed uses. On June 27, 2003 the Municipality was informed by the consultant that ownership of the subject lands have changed and that they now belong to 1559306 Ontario Limited. 611 . , REPORT NO.: PSD-091-o3 PAGE 3 4.0 EXISTING AND SURROUNDING USES 4.1 Existing Uses: Agricultural cash-crop 4,2 Surrounding Uses: East: agricultural land, woodlands, rural residences North: agricultural land West indoor gun club, agricultural land and a portion of the Black Farewell Creek Wetland Complex South: agricultural land 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "General Agricultural Area". The predominant use of lands designated "General Agricultural Area" shall generally be for agricultural purposes. Golf courses may be permitted in agricultural areas by amendment to the Official Plan provided that a number of criteria are satisfied including: . servicing complies with Ministry of Environment and Region of Durham standards; . the need for a golf course to establish in the agricultural designation is demonstrated and that there are no altemative sites within the "Green Space" or "Waterfront Greenway" designations; . it is not located on high capability agricultural lands; . it conforms to MDS; . it does not adversely impact the ability of surrounding agricultural operations from carrying on normal agricultural practices; . it has no impact on significant natural features and that any impact on watercourses and groundwater resources are minimized; and . irrigation of the golf course will not exceed water taking standards established by the Ministry of Environment, Ministry of Natural Resources or the Conservation Authority. 5.2 The lands are designated "Permanent Agriculture" in the Durham Region Official Plan. Use of lands so designated shall be for agricultural purposes. The Region's Official Plan contains criteria similar to that described above to be considered when an application for a golf course is submitted. 6.0 ZONING BY-LAW PROVISIONS 6.1 The lands are zoned "Agricultural Exception (A-1)" in the Clarington Zoning By-law. Permitted land uses in this zone are predominantly limited to agricultural uses. The current zoning does not permit the proposed use, hence the need for an amendment to the comprehensive zoning by-law. 612 J REPORT NO.: PSD-091-03 PAGE 4 7.0 PUBLIC MEETING AND SUBMISSION 7.1 A Public Notice sign was installed on the subject lands. In addition, notice was mailed to each landowner within the prescribed distance. As of the writing of this report, enquiries have been made by phone and in person at the Planning Services Department. Generally, these enquiries expressed concern about establishing a golf driving range on prime agricultural land. 7,2 Durham Region held a Public Meeting on June 3, 2003 to consider the Durham Region Official Plan Amendment and the application was referred back to Regional Staff for consideration. At this Public Meeting an adjacent landowner expressed concern about drainage, traffic, lighting, hours of operation and noted that the subject site possesses good soils suitable for growing alfalfa. 7.3 The Durham Region Federation of Agriculture submitted a letter stating that agriculture is the preferred use on lands having Class 1 soils and that agriculture should not be encroached upon by competing uses. It is the opinion of the Federation that the quality of the land be considered when assessing golf course locations, ensuring that the higher quality lands remain in agricultural production. The Federation is concerned that if this application is approved potential conflicts may arise between this use and adjacent agricultural operations. As such it is recommending that to reduce impact on neighbouring farms, fencing, buffer zones and water usage be addressed. 7.4 The Durham Agricultural Advisory Committee noted that this application is not consistent with the goal to preserve agricultural lands. Concern was also expressed that approval of this application would set a precedent. 8.0 AGENCY COMMENTS 8.1 Clarington Emergency Services has no concerns with the application to amend the Official Plan and Zoning By-law. They requested to be consulted when more details are available at the site plan application stage. 8.2 Clarington Engineering Services advise that due to the proximity of the proposed entrance to Taunton Road, location of the entrance will need to satisfy the requirements of the Region and Clarington. In addition, should these applications be approved they will require the submission of a grading and drainage plan to include detailed design for any required ditch improvements. The applicant will also be required to provide a contribution of 2% cash-in-Iieu of parkland. The entrance for the proposed residential dwelling is proposed on a portion of Holt Road that is not open and does not receive year-round maintenance. The entrance location shall be situated on a portion of Holt Road that is open and receives year-round maintenance. 613 , J REPORT NO.: PSD-091-03 PAGE 5 8.3 The Durham Health Department have no objection to the application but note that a complete report of the on-site sewage system would be required at site plan approval stage. 8.4 Durham Works Department have requested the following: a 0.3 metre road reserve along Taunton Road; a 27m by 17m site triangle at the comer of Taunton and Holt Roads; a minimum 3.0 metre road widening; and that any entrance must be a minimum of 75 metres setback from Taunton Road. 8.5 The Ministry of Municipal Affairs states that the applicant has not provided information identifying that there are no reasonable altemative locations avoiding prime agricultural areas or that there are no reasonable alternative locations within the prime agricultural area having lower priority agricultural lands on which to establish this use. 8.6 The Ministry of Transportation identify these lands as being within the proposed 407 East Completion Area for the East Durham Link which is part of Segment 2 as identified in the draft EA Terms of Reference. The Ministry recommends that development be discouraged to locate within the Study Area until the EA is complete. 8.7 Comments have yet to be received from Hydro One Network, Central Lake Ontario Conservation Authority, and Durham Region Planning Department. 9.0 TECHNICAL STUDIES 9.1 The following studies have been submitted in support of this application: . Planning Rational Report prepared by The Biglieri Group Ltd.; and . Agricultural Review prepared by VDV Consulting. 9.2 The Planning Rationale Report focuses on the site's proximity to the Hamlet of Hampton, Darlington Arena and the Oshawa Marksman Club, stating that this use will complement these existing uses and further reinforce and enhance the recreational activities within this area. With respect to need. the report states that the Municipality of Clarington is under serviced and can support more golf driving ranges. The report also states that the site can easily revert back to agricultural production due to the minimal disruption proposed and the temporary nature of golf driving ranges. 9.3 The Agricultural Assessment Report states that the agricultural potential of the site is limited as there are 14 hectares (34.5 acres) of tillable land and no farm structures exist on the lands. This report claims that due to the size of the property, a commercial-scale farm would not be viable. The requirements of minimum distance separation can be satisfied and the use is adequately buffered from existing agricultural to the south by Taunton Road and the 614 , ~ REPORT NO.: PSD-Q91-o3 PAGE 6 location of the golf activities at the south end of the properly is setback as far as possible from the farm to the north providing an adequate buffer. 9.4 These lands possess a tableland forest and are adjacent to a portion of the Black- Farewell Creek Wetland Complex. In accordance with the Official Plan, an Environmental Impact Study is required to assess whether this development would have any negative impact on these natural features. Regional Staff in consultation with municipal staff have recommended that the applicant not undertake any Environmental Impact Study at this time. 10.0 COMMENTS 10.1 The application proposes to establish a golf driving range and other golf related uses on the subject lands. The lands have been in agricultural production for many years and are considered to have a high capability for agricultural production. The Provincial Policy Statement (PPS) protects high quality agricultural land from non-agricultural development. However, the PPS provides opportunity for consideration of new non- residential development in a prime agricultural area subject to satisfactory justification that includes: . demonstrated need for the designation of additional lands to accommodate this use; . that there are no reasonable altemative 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. The Ministry of Municipal Affairs have reviewed this application and have found that there is insufficient justification provided to satisfy that the last two requirements. 10.3 The subject lands are currently within the Highway 401 - 407 'East Durham Link' study area. The Ministry of Transportation has stated that development of lands within the study area should be discouraged. 10.4 As this is a vacant lot of record, the proposal to establish a single detached dwelling would not require the completion of any Planning Act applications. If the applicant wishes to proceed with establishment of a residential dwelling the typical requirements of the Building Division for a building permit on a vacant lot would apply. 10.5 In consultation with the Municipality, the Region of Durham advised the applicant that as this application proposes the establishment of a non-agricultural use on prime agricultural land, it is contrary to fundamental planning principles and that satisfying agency concerns and other technical requirements including the preparation of an Environmental Impact Study would not justify overriding these fundamental planning principles. If this application is to proceed, further work on behalf of the applicant will be 615 , J REPORT NO.: PSD-091-o3 PAGE 7 necessary providing justification for the removal of these lands from agriculture. It is recommended that this be completed prior to the preparation of an Environmental Impact Study. 11.0 CONCLUSIONS 11.1 Although it is Staffs opinion that this application cannot satisfy fundamental planning principles, it is recommended that the application be referred back to staff, providing the opportunity for the agency circulation to be completed and the applicant time to further assess whether to continue with the development proposal. Attachments: Attachment 1 - Key Map and Site Plan Interested parties to be advised of Council's decision: 1559306 Ontario Limited c/o William Morrison 1755 Pickering Parkway Unit 10 Pickering, ON L 1V 6K5 The Bigileri Group 28 Bellefair Ave Toronto, ON M4L 3T8 Doug MacDuff 2 Short Cres Courtice, ON L 1 E 2Z5 Durham Region Federation of Agriculture 4441 Malcolm Rd Nestleton, ON LOB 1 LO Mr. and Mrs. Fitzgerald 2182 Taunton Rd. E Hampton, ON LOB 1JO Libby Racansky 3200 Hancock Road Courtice, ON L 1E 2M1 Linda Gasser 7421 Best Rd P.O. Box 399 Orono,ON LOB 1 MO 616 ..t ......;J I[ I. i~ I[ I ~........ j.... .... "''', 0 - I IlL I II -. -. r--- "'11" ... -. . dl I'A~' l. PiAN 101'/-J383 J , LOT 24 CONCESSION , !I - ..- - I - L..... ,,,. .. Cij, .. !! "'e.~ ,. ~ "! - - > , , 1 - ~ {# ~ I _ NO' AI ~ 101 .- Lot 20 Concession 5 .. , , , .. .. . ~ ~ ~ .. , r i ----' T 1~.OO ~ , .. . ~ . -47.04"1" " ~ ---, ." ! j j ! , , ~ !r J I. j 'z , , j ~ ! 0 . . , .... ~ j j " . ~ ~ , .. 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