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HomeMy WebLinkAboutPSD-032-02 r~., J;j_4 ClIme L..Ii", ,YJ-glOH REPORT PLANNING SERVICES PUBLIC MEETING Meeting: eeNERAL PURPOSE AND ADMINISTRATION COMMITTEE6'Ii1_/7S=O'J-- ~,ApnI29,2002 ~/7' PSQ-032..()2 File #: COPA 2002-004 By-law #: ZBA 2002-009 (X-REF: ROPA 2002-003 and SPA 2002-007 Date: Report #: Subject: APPLICATION FOR OFFICIAL PLAN AMENDMENT AND REZONING OWNER: FREDERICK AND SANDRA ARCHIBALD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-032-02 be received; 2, THAT the applications to amend the Clarington Official Plan and Zoning By-law, submitted by Frederick and Sandra Archibald be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; 3. THAT the Durham Region Planning Department be forwarded a copy of this report; and 4. THAT Durham Region and all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Dav d J. rome, M.C.I.P.,R.P.P. Director, Planning Services /~~ C Reviewed bY:U - ~ Franklin Wu Chief Administrative Officer HB*BN*DJC*df April 16, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 62D ~ , , , REPORT NO.: PSD-032-02 PAGE 2 1.0 DEVELOPMENT APPLICATION 1.1 Applicant: Frederick and Sandra Archibald 1.2 Official Plan Amendment: To amend the land use designation 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 the proposed use. 1.4 Land Area of Application: Approximately 4 ha (10 ac) 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 The applicant and staff met on site in July 2001 to discuss the proposal for a small scale 9 hole golf course. At that time the applicant was advised that both the Durham Region and Clarington Official Plan will need to be amended and that a rezoning and site plan application will also be required. The applicant also met with Durham Region and Central Lake Ontario Conservation staff to discuss what information would be required to support an application to permit the proposed use. 621 , REPORT NO.: PSD-032-02 PAGE 3 3.2 Applications for amendment to the Clarington Official Plan, rezoning and site plan were received on February 20, 2002. Clarington was advised on March 6th, 2002 that an application to amend the Durham Region Official Plan was received. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Site Characteristics: A well established apple orchard exists on the subject lands. Production from approximately half of the apple orchard is used for pick-your-own and the other half provides apples for the winery. This fruit winery business and building was established in 1997. The owners' residence, the "farm market" building where apples and apple products are sold and 2 barns are also located on site. The lands slopes to the south and there exists no natural features on the site. According to the provincial soils mapping, the lands are predominately Class 1 soils. Last fall, the applicant dug a pond at the south east end of his lands for irrigation purposes. The applicant has advised that this pond will provide the irrigation for the proposed golf course. 4.2 Surroundings Uses: East equestrian centre, apple orchard and wooded area North - agricultural crops West livestock farm South - agricultural crops 5.0 PROVINCIAL POLICY 5.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for agricultural uses including secondary uses and agriculture-related uses. Consideration of a new land use, including a golf course, in a prime agricultural area shall include establishing need to locate on prime agricultural land and an examination of alternative locations. 622 , REPORT NO.: PSO-o32-02 PAGE 4 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 that 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 following criteria as outlined in Section 13.3.4 of the Official Plan are satisfied: . A demonstrated need for the golf course to establish in the agricultural designation 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 Minimum Distance Separation; . It does not adversely impact the ability of surrounding agricultural operations from carrying on normal agricultural practices; . There is no impact to significant natural features and impact on watercourses, and groundwater resources are minimized; . Irrigation of the golf course does not exceed water taking standards established by the Ministry of Environment, Ministry of Natural Resources or the Conservation Authority; and . Servicing complies with Ministry of Environment and Region of Durham standards. 6.3 The applicant 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 11008600000. Zoning and site plan requirements will ensure that the secondary use is integrated and will not occupy more than 10% of the total area." A copy of the proposed amendment is contained in Attachment 2. 623 , REPORT NO.: PSD-Q32-02 PAGE 5 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-1) 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 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. A neighbour visited the Planning Services Department and expressed concern regarding the impact this proposal would have on his insurance and liability if golf balls or players come onto his property. 9.0 AGENCY COMMENTS 9.1 The application was circulated to a number of agencies for comment. At the time of writing this report comments have not been received from: . Clarington Operations . CLOC 9.2 Clarington Emergency Services have no objection to this application. 9.3 The Engineering Services Department have reviewed the application and requested that additional information be provided including grading plan, entrance design and improvements, and a performance guarantee for all external works including the entrance. In addition, 2% cash-in-Iieu of parkland contribution shall be provided. 624 , REPORT NO.: PSD-032-02 PAGE 6 The Building Division have no concerns with the proposal but will require further review if any new buildings are proposed or if the applicant proposes to use an existing building for a clubhouse or office. 9.4 The Region of Durham Planning Department has requested additional information regarding the amount of irrigation infrastructure required, potential volume of water required, and servicing. They have also asked that a Phase 1 Environmental Site Assessment be completed in accordance with Provincial Guidelines. 9.5 The Region of Durham Health Department requires more information regarding sewage disposal. 10.0 TECHNICAL STUDIES In support of the application, a Planning Report and an Agricultural Assessment Report were prepared. They are summarized below. 10.1 Planning Report This report was prepared by the applicant. It provides information on the planning rationale for the proposal, the existing agricultural operation, impacts on the farm and the natural environment, golf course design, parking, use of existing buildings and servicing. The apple orchard was originally established in 1967. The farm no longer participates in the wholesale market and has established a pick-your-own business, a farm market and other farm-based activities. In 1997, the apple fruit winery was started as a value-added farm industry. The winery performs well during the pick-your-own season, but business is slow from April until labour Day. 625 REPORT NO.: PSD-032-02 PAGE 7 The purpose of the golf course is to improve the viability of the existing agricultural operations by increasing wine sales through the introduction of more visitors from April to Labour Day. The report states that, "The pick-you r-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." The design of the golf course will take advantage of areas left to fallow and the vacant area between the property line and the limits of the orchard. Four of the holes will pass through existing orchard where tree removal will be minimized (Attachment 3). The existing topography will not be modified with the exception of necessary contouring at the tees and the greens. Low maintenance grasses will be used and irrigation will be restricted to the tees and greens. A maximum of 44,250 litres of water per day would be required for irrigation purposes. The Ontario Water Resources Act requires a water taking permit if consumption is over 50,000 Iitres per day. Pesticide use for the purposes of the golf course will be limited. Existing facilities will be used including the parking area and the buildings. There are no new sanitary facilities proposed for the golf course, other than portable toilets. 10.2 Agricultural Assessment Report The Agricultural Assessment Report was prepared by Toombs Consulting. The proposed golf course would cover approximately 4 acres of the site. The consultant believes 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. The establishment of a commercial golf course would not be appropriate on these lands. However, this proposal is intended to be secondary to the farm and is part of the value-added aspect of the existing secondary uses and "the 626 , REPORT NO.: PSD-032-02 PAGE 8 applicant does not wish to establish a golf course with all the rights and privileges that designation would provide". The consultant expressed concern about golfers trespassing on neighbouring lands to retrieve balls. It is suggested that a golf course layout could be designed that will have orchards buffering the adjacent properties to reduce this impact. The proposed use complies with Minimum Distance Separation (MDS) 1 requirements. 11.0 STAFF COMMENTS 11.1 The applicant had taken the position that since the golf course would be a secondary use for the purpose of marketing value-added products such as the wine, it should be considered as part of the agricultural operation. It has been staffs position that any golf course needs to be designated in the Official Plan, even if it is a small "pitch and putt" course with a more limited investment than a traditional golf course. The Official Plan does not distinguish between size and types of golf courses in its requirement that a golf course proceed by amendment to the Official Plan. 11.2 The proposed golf course represents a significant expansion of the notion of farm gate marketing. The proponent's development requires careful consideration to ensure that this is a unique situation and will not be a precedent for other uses which may erode the agricultural land base. The proponents are cognizant of this concern and have stated that they want to ensure the ongoing agricultural use and land use designation on their property is not compromised by the development of the golf course. 11.3 The applicant states that the need for the golf course is to ensure the continuation of this family farm as a viable agricultural operation. It is recognized that the proposal cannot meet the criteria established for golf courses since it will be located on high capability agriculture lands and that alternative sites have not been explored. In this regard, the application seeks an exemption from this 627 '. REPORT NO.: PSD-032-02 PAGE 9 criteria on the basis that the golf course will be a secondary use of the property, supporting this agricultural operation by attracting more people to the site, hence increasing awareness and sales for the fruit winery. The goal of the Agricultural Area designation as contained in the Clarington Official Plan is 'To encourage and support the agricultural industry as an important part of the Municipality's economic base." The objectives of preserving high quality agricultural lands for farm purposes and ensuring that agricultural operations remain viable must be balanced. 11.4 The introduction of new land uses in an agricultural area must meet the Minimum Distance Separation (MDS) formula, in this case MDS-1, the separation of.a new use from existing barns. Staff have a concem with the formula used and have requested that it be recalculated on the basis of a "Type B" land use (for an "active recreation facility") rather than a 'Type A" land use (which includes an "agriculturally related commercial use"). The review of the MDS issue is important for the consideration of any future agricultural barns or manure storage on adjacent lands. 11.5 The applicants have indicated that they will be taking measures that will limit the impact of this golf course on the agricultural capability of the land. The applicant is utilizing golf course design techniques that will minimize alteration to the grade of the land and limit the need for irrigation and pesticide use. The applicant is willing to enter into a site plan agreement with the Municipality in order to ensure that the fundamentals of establishing a small scale "pitch and putt" golf course will be maintained. 12.0 CONCLUSION The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee with some background on the application submitted, and for staff to indicate issues or areas of concem regarding the subject application. It is recommended the applications be referred back to staff 628 , .' REPORT NO.: PSD-032-02 PAGE 10 for further processing and subsequent report upon resolution of all issues and receipt of all outstanding comments and required revisions, if any. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed Site Plan List of interested parties to be advised of Council's decision: Frederick and Sandra Archibald 6275 Liberty Street North R.R.#5 Bowmanville, ON L 1 C 3K6 Fred Janssens 6346 Clemens Road R.R.#5 Bowmanville, ON L 1 C 3K6 629 ATTACHMEINT 1 Lot 10 Lot 9 . . Agric Itural Rural Residential . . Orchard Subject Site . . . I <D C "" .~ c Q) :g c 0 c:: I (.) e " . . 0 ~ rn z w ::!: w ...J (.) . . .. . Winery I Farme~s market r. .. -. . Agricultural . . Darlington Key Map J CONCESSION IROAD 7 ILJI I ~ '" 0 0 << 0 (I 0 '" << 0 '< '" '" w << ~ Q 0 '" 0 << ~ 0 w u CONCESSION ROAD 6 II 11 rl \I ZBA 2002-009, SPA 2002-007, COPA 2002-004 and ROPA 2002-003 o :3 '" << o '" w I ~ w m o :3 '" '" w '" u << Zoning By-law, Site Plan, Clarington Official Plan and Regional Official Plan Amendments Frederick Archibald II r ATTACHMENT 2 PROPOSED AMENDMENT Frederick and Sandra Archibald ACTUAL AMENDMENT The Clarington Official Plan is hereby amended by a) adding a new subsection to Section 23 Exceptions: 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 number 010110186000000. Zoning and site plan requirements will ensure that the secondary use is integrated and will not occupy more than 10% of the total area. 63\ , . LOT 10 Cash Crop Propn1y Line J: I- a: o z I- W W a: I- en ~ a: w CO - ...J ~ Existing Pick YOUT Own Orchard ; ~ l ) Centre RlHld ( Existing Pick YOUT Own Orchard @ H ) Existing Winny ResidenullJlrms e Cas' Crop ATTACHMENT 3 co z o - l en ! en w (J z o (J ZBA 2002-009 . SPA 2002-007, COPA 2002-004 and ROPA 2002-003 Zoning By-law, Site Plan, Clarington OffIcial Plan and Regional Official Plan Amendments Frederick Archibald 632