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Home My WebLink AboutPSD-107-03 -A>:-# \ . CJ. II L~MlJglO REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Gf'PI-3'~-03 Monday, September 22, 2003 "'DILl-. -z..e.1'\ . ;:!oo::!>.o3"l Date: Report #: PSD-107-03 File #: ZBA 2003-039 By-law #: .;)003- N f Subject: REZONING APPLICATION FOR A TEMPORARY USE BY-LAW TO PERMIT THE CONTINUATION OF A GOLF DRIVING RANGE THE KAITLlN GROUP LIMITED Located north of Durham Highway 2 and west of Green Road at 2310 Highway 2, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-107-03 be received; 2. THAT the application to amend Zoning By-law 84-63, be APPROVED and that Council pass the By-law, as per Attachment 1; 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. Submitted by: Reviewed by: ?J~&s4 Franklin Wu Chief Administrative Officer vi . Crome, M.C.I.P. RP.P. Director, Planning Services BRlL T/DJC/df 12 September 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 637 REPORT NO.: PSD-107..o3 PAGE 2 APPLICATION DETAILS 1.0 1.1 1.2 1.3 Owner: ApplicanU Agent: Rezoning: The Kaitlin Group Limited The Kaitlin Group Limited From "Agricultural (A) Zone" and "Holding-Highway Commercial ((H)C8) Zone" to "Agricultural Exception (A-74)" a zone appropriate to permit the continuation of the golf driving range for a period of up to three years through a Temporary Use By-law. 1.4 Area: 7.1 hectares (17.5 acres) subject to rezoning, within a 36 hectares (89 acres) property. 1.5 Location: The area subject to the proposal is located north of Durham Highway 2 and west of Green Road. The municipal street address is 2310 Highway 2, Bowmanville. The lands are located in Part Lot 17, Concessions1 and 2, former Township of Darlington (see Attachment 1). 2.0 BACKGROUND 2.1 On August 8, 2003, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the continuation, of the golf driving range for a period of up to three years, through a temporary use by-law. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The south portion of the subject lands are currently being used as a golf driving range. 3.2 The surrounding land uses are as follows: North Agricultural and Vacant South Durham Highway 2, and beyond, Urban Residential, including single detached, semi/link and street townhouse dwellings East Rural Residential and Agricultural West Rural Residential and Hamlet Residential 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a Public Notice sign was installed on the lands. The Planning Services Department has received one inquiry from the applicant's tenant, that is, 638 .< ,< REPORT NO.: PSD-107-03 PAGE 3 the operator of the Clarington Driving Range. He asked if the long-term commercial development of the property was going to occur. Staff indicated that it would be sometime in the future. He briefly discussed alternative locations. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the subject property as Living Area in the Bowmanville Urban Area. In this Plan "certain public and recreational uses which are compatible with their surroundings" may be permitted in Living Areas. The driving range is only a temporary use and will not preclude the future development of more typical Living Area uses such as housing. The application conforms. 5.2 The Clarington Official Plan designates the north portion of the subject property as Urban Residential and the south portion is designated Special Policy Area H. A Neighbourhood Park symbol is also shown in the north portion. The temporary nature of the driving range ensures that all of the approved policies and uses can be implemented in the future. The application conforms. 6.0 ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part (north portion): "Agricultural (A)" and in part (south portion) "Holding-Highway Commercial ((H)C8)". The application does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 Clarington Engineering Services had no objection and Clarington Emergency and Fire Services had no fire safety concerns. 7.2 The Regional Planning Department stated the proposed temporary use is in conformity with the Regional Official Plan and no matters of provincial interest were identified. 7.3 The Regional Health Department had no objections. 7.4 Comments remain outstanding from Hydro One Networks Inc. 639 . .. REPORT NO.: PSD-107-03 PAGE 4 8.0 STAFF COMMENTS 8.1 The temporary nature of the driving range ensures that all of the approved policies and uses can be implemented in the future. 8.2 Should Council approve the continuation of the use on a temporary basis, the site plan agreement, approved under the first temporary use by-law, will remain in effect. 9.0 CONCLUSION 9.1 In consideration of the receipt of all agency comments, the fact that no objections or concerns have been raised by surrounding residents, and the temporary nature of the application, Staff recommend that the rezoning application to rezone the subject lands from "Agricultural Exception (A-74)" to permit the continued use of the subject property for a Golf Driving Range on a temporary basis for a period of up to three years expiring September 29, 2006, be APPROVED. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment Interested parties to be notified of Council's decision: Kelvin Whalen, Vice-President Land Development The Kaitlin Group Limited 1029 McNicol Avenue Scarborough, ON M1W 3W6 640 , . ATTACHME~JT 1 1tiEi -~ - ! I , ., '//~ .. / I. i ~ ': I ~a u, <n ~ 0 > z Z ~ ~ -; ~ , r > " z > , " ~ " , O! ~ o " N _ " - " ~ rn o 1, ~ w o -'----- ----------------- ..., '!~J> .. " -~ -i iN -.-------- Q) 2 ~ o .!"! N ',~ ' l> ':U '::-1 , . - " ~ I i- ~ \;:>( j. ~---,-- , <1'1i :q""r 'PART ,,, ~ ~ /0", IS . ~ /-"-" - --:----"'...6;"'~ -- - PliC"N- '{J, o~J~} .0.'0. Co '~:1:l.'j> ...... OSII" "'-:lit> r Cc r " ::: ---------' I , --~--+--:"- , --~- I --------~ -- --- '. RCAO t.LLOWANCE 8EfWEEN ~li 3' 6~~ '---. "o~. , E ::t-..-.-----;''''''',I ANe: 2 : -=t=- CONCESSIONS r PART \3 ~RL-..l4---"-__ / --- lOR - 380 ,OT 17 cmKESS ION r .t'f.<: ,to ,', C<}4~/'~ " F> /0 .'~ ;:41\109 /q """,', . 1106",.~ '~> 'I- l)l ~ 't 6/6 '" / _ ~ ',. ~~ "'-0.: ,:l:}}~f:~ Vb'lt 4tv / ('-I-,o.t>-<1I;"~ ,,,,~iJ&o~., ,t; ~ 1>4 fJ, r " ';0. I -~ ,,~ ~r S~.q1: I '~" I #"1 L p %R~~ -""'0; ~t' :~...> #"1/ <:41''''' _ Te/~,,"_ "- ''''It, ~O_: '" ~",' ". '. U, ~ <? Lh>e.J~~~~ "- /'h ..~}~>oOfj ~ ~," 'Jtl- ",,' L;~~_, "'<.4/, 'r .. !e__"~" ~ < ";':;;':;..- PART '6 1/9~ Bowmanville Key Map o < o ~ z w w ~ o ~ ~ o < ~ > < I ~ " o " ~ " > ZBA 2003-039 Zoning By-law Amendment Carnel8 Rickard Cample. [ 11 Owner: The Kaitlin Group Ltd. 641 , . 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 Municipality of Clarington for ZBA 2003-039: NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Schedule 6.4 "SPECIAL EXCEPTIONS-AGRICULTURAL (A) ZONE" is hereby amended by adding thereto, the following new Special Exception 6,4,74 as follows: "6.4.74 AGRICULTURAL EXCEPTION (A-74) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned A-74 on the Schedules to this By-law shall be used for a golf drivin9 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 years, ending September 29, 2006, subject to the following zone regulations: a) lot Area (minimum) 7 ha" 2, Schedule "3" to By-law 84-63, as amended. is hereby further amended by changing the zone designation from: "Agricultural (A)" and "Holding-Highway Commercial ((H)C8)" to "Agricultural Exception (A-74)" as illustrated on the attached Schedule "A" hereto. 3, Schedule "A" attached hereto shall form part of this By-law. 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 642 . . This is Schedule An to By-law 2003- , passed this day of ,2003 A.D. LOT 18 LOT 17 N73'32'00"E NI8'07'20''W 30,262 -SYc;'l "Y~,;- I N80'26'05"W 121,531 --~ .? I N79'32'50"W 71.208 ------1 / I / I N85'27'18''W 27,703 ----' !' , N88"45'47"W 37,399 ~ Zoning Change From "A" To "A-74" Zoning Change From "(H)C8" To "A-74" - ~ Moyor o ~ o " z w w " " UP29Vo.1N AVE. DURHAM 0 HIGHWA, 'r" 2 ~ nRrnr Gcrnet 8 Rickard Complex BOWMANVILLE 643 N Z o iii UJ w (J z o (J .,.. z o (J Cler~ ~ ~ o ~ o " ~ ~ I " => o ~ o z => ~ [ II j ~ ljJ