The URL can be used to link to this page

Home My WebLink AboutPD-059-01 < THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Meeting: REPORT PUBLIC MEETING General Purpose and Administration Committee File # ])/'/ ZJ3/J ;JCO/-[) )'1 Monday, June 18,2001 Res. #?iJff-.% 3-0 / Date: Report #: PD-059-01 File#: ZBA2001-014 By-law#_ Subject: REZONING APPLICATION APPLICANT: GERTRUDE TOMINA PART LOT 26, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE: ZBA 2001-014 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-059-01 be received; 2. THAT the rezoning application submitted by Marko Tomina be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Marko Tomina 1.2 Owner: Gertrude Tomina 1.3 Rezoning: To rezone the subject lands from "Agricultural Exception (A-54) to an appropriate zone to convert an existing ternporary driving range to a permanent driving range. 1.4 Site Area: 9.05 ha (22.36 ac) 601 REPORT PD-OS9-01 PAGE 2 2. LOCATION 2.1 The subject lands are located at 2735 Hancock Road east of Courtice (Attachment 1). The property is contained within Part Lot 26, Concession 2, in the former Township of Darlington. 3. BACKGROUND 3.1 On April 30, 2001, the applicant submitted a rezoning application to the Municipality of Clarington to rezone the subject lot at 2735 Hancock Road to permit the conversion of an existing temporary driving range to a permanent driving range. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property contains a single detached dwelling unit on the southern portion of the lot and a temporary driving range, including a chipping and putting green, which has frontage and access to Hancock Road. 4.2 Surrounding Uses: East: North: West: South: Rural residential lots fronting on Highway No.2 and Solina Road Rural residential lots fronting on Hancock Road Vacant agricultural lands Vacant agricultural lands S. OFFICIAL PLAN POLICIES 5.1 The lands are designated "Major Open Space" within the Durham Region Official Plan. The predominant use of lands designated Major Open space shall be conservation, recreation, reforestation, agriculture and farm-related uses with the exception that in valleylands in built-up areas, agriculture and farm-related uses are not permitted. A golf driving range would be considered a permitted use in this designation. 5.2 Within Clarington Official Plan, the subject lands are designated "Green Space". Lands designated Green Space permit conservation and active and passive recreational uses. Thus the application conforms to the policies. 602 REPORT PD-OS9-01 PAGE 3 6. ZONINGBY-LAWCONFORMITY 6.1 The subject lands are currently within the "Agricultural Exception (A-54) Zone" which permits the existing single detached dwelling unit and a temporary driving range. This exception zone defines a Golf Driving Range facility as a facility for the purpose of developing golfing teclmiques, including miniature golf, but excluding golf courses. The temporary zoning expires September 23, 2001. The applicant would like to continue this business on a permanent basis, thus the need for the rezoning application. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. 7.2 As of the writing of this report, one inquiry has been received on this application. Mrs. Parchment called in objection to the application. She has two main concerns. Firstly she does not feel the existing netting sufficiently protects her property from errant golf balls and she has sustained damage to her family's vehicles and collected numerous golf balls from her property; and secondly the fill that has been placed on the Tomina property has raised it to an elevation above hers, affecting drainage. These issues will be addressed in Section 9- Staff Comments of this report. 8. AGENCY COMMENTS 8.1 The Clarington Public Works Department and Clarington Fire Department have no objection to the application. 8.2 Comments remain outstanding from Central Lake Ontario Conservation, Durham Regional Health Department, Durham Region Planning Department, Durham Region Works Department, Hydro One Networks Inc, and the Ministry of Transportation. 603 REPORT PD-OS9-01 PAGE 4 9. COMMENTS 9.1 Upon submission of the application it was noted that the applicant would require a Phase 1, Environmental Site Assessment (ESA) due to the placement offill on the subject property. The applicant has retained Grace & Associates, Geological & Environmental Consultants, to conduct the Phase 1 ESA. Grace & Associates submitted a summary of their work program to the Municipality on May 14, 2001, no results have been provided at the writing of this report. 9.2 An abutting property owner has contacted the Municipality on several occasions in objection to the application. Her two main concerns are that there is insufficient netting along the north side of the driving range to protect her property from errant golf balls and that the fill placed on the Tomina property has raised it to an elevation above hers. A review of the approved site plan shows that netting was required to be installed from the tee-off area at the west end of the property, along the north property line, a distance of 177 metres at a height of7.5 metres. A site inspection showed that the applicant exceeded these requirements and installed netting 15.24 metres in height for a distance of 85 metres and continued an additional 93 metres at a height of7.5 metres. The site plan drawings were changed to reflect this (Attachment 2). A review of site plan drawings in Clarington for other golf driving ranges showed that where netting is required the height required ranges from 7.5 metres to 9.14 metres. The subject driving range exceeds these netting requirements. With regards to the drainage on the subject property, Mr. Tomina hired Horton Wallace and Davies Surveyor to regrade the side yard drainage of2799 Hancock Road (Ms. Parchment's property). Mr. Tomina also retained S.S. Matharu, Consulting Engineer, who certified the grading and drainage work that was done complies generally with the approved Site Plan DWG #SP dated July 17, 1996 and subsequently revised on October 22, 1996, prepared by Henry Kortekaas & Associates. The certification letter also states that the ponding of the side yard (at 2799 Hancock Road) has been eliminated. 604 REPORT PD-OS9-01 PAGE S A site inspection by staff on June 7, 2001 showed no indication ofponding or flood erosion on the subject property. The grading on the driving range is sloped in a southerly direction towards Highway No.2, away from 2799 Hancock Road. A number of golf balls were found on the subject property and several golf balls were seen on the abutting property at 2799 Hancock Road outside the 7.5 metre high netting. 10. CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Reviewed by, Bin Newell, Acting Director of Planning and Development ~\j~~) O(r-JQ~DfA. Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer ~~. SA*LT*BN*sh 12 June 2001 Attachment No.1 Attachment No.2 - Key Map - Site Plan Interested parties to be notified of Council and Committee's decision: Marko Tornina 2735 Hancock Road Courtice, Ontario LIE 2M2 Heather Parchment 2799 Hancock Road Courtice, Ontario LIE 3K7 Dan Strike Strike, Salmers & Furlong Box 7 38 King Street West Bowmanville, Ontario LlC lR2 605 ~ SUBJECT SITE ~ 2735 HANCOCK ROAD LOT 26 LOT 25 I NASH ROAD DARLINGTON KEY MAP ATTACHMENT 1 ZBA 2001-014 606 Cl ~ a:: <( z ...J o Ul N z o CJ) CJ) I.J.J () Z o () . ATTACHMEINT 2 Z <C ...J c.. W I- CJJ - . ~ ;; '" ~ () z " :t 81 t- '" :;: '-' z :; ~ i :l ; _ ___I , i~ Ii - 000 ~ooooo >- >- a: 11: o a: Q. >- " w al :0 <fJ ci Cl a: '" ~ " 2 "' :r: "' '" t- O<