HomeMy WebLinkAboutPSD-051-01
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REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Resolution #-i?fJff-5fS- () J
Monday, December 3, 2001
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File: ZBA 2001-014
By-law #:
Report#: PSD-051-01
Subject:
REZONING APPLICATION
APPLICANT: MR. MARKO TOMINA
PART LOT 26, CONCESSION 2, FORMER TOWNSHIP OF
DARLINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-051-01 be received;
2. THAT the application, as amended, submitted by Mr. Marko Tomina to amend
Comprehensive Zoning By-law 84-63 to permit the continuation of the existing temporary
driving range for an additional three (3) year period be APPROVED,
3. THAT the amending By-law attached to Report PSD-051-01 be forwarded to Council for
approval at such time as an amended site plan has been approved;
4. THAT, given that the application has been amended to request only temporary zoning
rather than a permanent zoning, the changes to the application be deemed minor in
nature and as such a new Public Meeting pursuant to the requirements of the Ontario
Planning Act is not deemed necessary;
5. THAT a copy of Report PSD-051-01 and the amending By-law be forwarded to the
Durham Region Planning Department; and,
6. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
vi . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed bY:O ~ -"- Ls7.....-
Franklin Wu
Chief Administrative Officer
SA'L T*DJC'sh
November 21, 2001
665
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, REPORT NO.: PSD-051-G1
Page 2
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1.0 APPLICATION DETAILS
1.1 Applicant:
Marko Tomina
1.2 Owner;
Gertrude Tomina
1.3 Rezoning:
The original application was to rezone the subject lands from
"Agricultural Exception (A-54) to an appropriate zone to convert an
existing temporary driving range to a permanent driving range. The
application was subsequently amended to request a three year
temporary zoning for driving range.
1.4 Site Area:
9.08 ha (22.36 ac)
2.0 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.
3.0 BACKGROUND
3.1 On April 30, 2001, the applicant submitted a rezoning application to the Municipality
of Clarington to rezone the subject lands at 2735 Hancock Road to permit the
conversion of an existing temporary driving range to a permanent driving range.
3.2 The applicant has amended his application, November 16, 2001, to reflect
comments received from the Ministry of Transportation (discussed in Section 8).
The application is now a request for an extension of the three-year temporary
zoning permitting the driving range on the subject lot.
4.0 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.
666
REPORT NO.: PSD-051-01
Page 3
4.2 Surrounding Uses:
East:
North:
West:
South:
Rural residential lots fronting on Highway 2 and Solina Road
Rural residential lots fronting on Hancock Road
Vacant agricultural lands
Vacant agricultural lands
5.0 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 is a permitted use in this designation.
5.2 The subject lands are designated "Green Space" within the Clarington Official Plan.
Lands designated Green Space permit conservation and active and passive
recreational uses. The application conforms to the policies.
6.0 ZONING BY-LAW CONFORMITY
6.1 The lands were zoned "Agricultural Exception (A-54) Zone" which permits the
existing single detached dwelling unit and a temporary golf driving range. This
exception zone defined a Golf Driving Range facility as a facility for the purpose of
developing golfing techniques, including miniature golf, but excluding golf courses.
The temporary zoning expired September 23, 2001. The applicant would like to
continue this business on a permanent basis, thus a rezoning application was
submitted.
7.0 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. .
667
REPORT NO.: PSD-051-01
Page 4
7.2 At the writing of this report, one inquiry has been received (May 25, 2001) on this
application. Mrs. Parchment, the resident living immediately north of the site,
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.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Department, Clarington Emergency Services, Durham
Regional Planning Department, Durham Regional Health Department and Durham
Regional Works Departments have no objection to the application.
8.2 Comments were not received from Central Lake Ontario Conservation and Hydro
One Networks Inc. As site plan approval has been received on this application
from CLOC and Hydro One Networks Inc., there is a development agreement
between the owner and the Municipality and as no site alteration was done for this
application no objection was anticipated.
8.3 The Ministry of Transportation (MTO) has not forwarded written comments
regarding this application. Verbal comments were given, November 6, 2001 stating
that MTO would not recommend approval of an application for a permanent golf
driving range, but would approve a continuation of the temporary golf driving range.
A portion of the lands have been identified as required for the Highway 401/407
connecting link.
9.0 COMMENTS
9.1 Upon submission of this application it was noted the applicant would require a .
Phase 1, Environmental Site Assessment (ESA) due to the placement of fill on the
subject property. The applicant retained Grace & Associates, Geological &
668
, REPORT NO.: PSO-Q51-01
Page 5
Environmental Consultants, to conduct a Phase 1, 2 & 3 ESA.
Associates submitted a summary of their work program, clean-up
sampling results to the Municipality on September 18, 2001.
Grace &
and final
Small amounts of Total Petroleum Hydrocarbons (TPH) were found in two
locations within a portion of fill obtained by the applicant from a property at 1414
Highway 2 in Courtice. The Ministry of Environment Soil Remediation Criteria is
100 parts per million (ppm). Amounts of TPH were found at 250 ppm and 150
ppm. The applicant undertook and completed a clean up program during the
summer of 2001. The site now meets MOEE requirements.
9.2 Ms. Parchment, 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 that has been placed on the Tomina
property has raised it to an elevation above hers.
i) Insufficient netting
The approved site plan requires that netting be installed along the north property
line, a distance of 177 metres at a height of 7.5 metres (25 feet). A site
inspection in 2001 showed that the applicant exceeded these requirements with a
91 metre section of netting being 15.24 metres (50 feet) in height. The total
length of the netting area is 183 metres.
A review of the 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.
The only area that conceivably receives errant golf balls is a considerable distance
from Ms. Parchment's home, an area where it would appear that a potentially
unlawful use of the property takes place. Staff is satisfied that the netting erected
is sufficient protection for the abutting property.
669
. REPORT NO.: PSD-051-01
Page 6
ii) Drainage
With regards to the drainage on the subject property, Mr. Tomina hired Horton
Wallace and Davies Surveyor to re-grade the side yard drainage of 2799 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.
A site inspection by staff on June 7, 2001 showed no indication of ponding or flood
erosion in the side yard of the subject property. The grading on the driving range
is sloped in a southerly direction towards Highway No.2, away from 2799
Hancock Road.
9.3 The Ministry of Transportation (MTO) indicated through Mr. Tomina's rezoning
application in 1993 that a golf driving range would impact the future development of
the north-south connecting link between the 401 and 407 Highways. At that time
the Ministry recommended that the implementing zoning by-law be a temporary use
by-law, and the owner enter into an agreement with the Ministry of Transportation
describing the driving range as an interim use. The agreement with the Ministry
would require the golf driving range be removed, at the request of the Ministry, prior
to the construction of the Courtice Freeway Link.
As noted in Section 8.2 Ministry staff indicated that their written comments, when
provided, on the current application will have no objection to the continuation of a
temporary golf driving range being established.
9.4 Staff has concerns with respect to the condition of the Highway 2 frontage of the
Tomina property. It appears that soil continues to be dumped, building materials
are being stored and grass and weeds are not cut. It is recommended that the by-
law not be adopted by Council until a revised site plan drawing is submitted to
6TD
, REPORT NO.: PSO-051-o1
Page 7
address this frontage. A property standards investigation will review the condition
of this portion of the property.
10.0 CONCLUSIONS
10.1 Based on the agency comments received historically and currently, and the
amended application submitted by Mr. Tomina, it is respectfully recommended that
the rezoning application be approved as a temporary zoning by-law for a three (3)
year period to permit the continuation of a golf driving range.
Attachment 1 - Key map
Attachment 2 - Site Plan
Attachment 3 - Amending By-law
Interested parties to be notified of Council and Committee's decision:
Mr. Marko Tomina
2735 Hancock Road
Courtice, Ontario
L 1 E 2M2
Ms. Heather Parchment
2799 Hancock Road
Courtice, Ontario
L 1 E 3K7
Mr. Dan Strike
Strike, Salmerss & Furlong
Box 7
38 King Street West
Bowmanville, Ontario
L 1C 3K8
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830
671
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673
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-
being a by-law to amend By-law 84-63, the comprehensive Zoning By-law for 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 to implement ZBA 2001-014;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 SPECIAL EXCEPTIONS is hereby amended by adding thereto, the
following new Special Exception 6.4.67 as follows:
"6.4.67 AGRICULTURAL EXCEPTION (A-67) ZONE"
Notwithstanding Sections 6.1, 6.2 and 6.3, those lands zoned A-67 on the
Schedule attached to this By-law in addition to the existing dwelling shall only 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 December 10, 2004,
subject to the following zone regulations:
a) Front Yard Setback (minimum) 5 metres"
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural (A)" to "Agricultural Exception (A-67)" as illustrated on the
attachment 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 Section 34 and 39 of the Planning Act.
BY-LAW read a first time this
day of
2001
BY-LAW read a second time this
day of
2001
BY-LAW read a third time and finally passed this
day of
2001
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
674
ATTACHMEINT 3
This is Schedule "A" to By-law 2001- ,
passed this day of --.J 2001 A.D.
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