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HomeMy WebLinkAboutPSD-051-01 Addendum " t ~ UNFDfISBED BUSIBESS REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 25, 2002 Y Ii G (J II ~ /0-O;L Addendum to PSD-051-01 File#: ZBA 2001- 14 BY-law#:p,;L-tJf(J Report #: 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 Addendum to Report PSD-051-01 and Report PSD-051-01 be received; 2. THAT the amending By-law attached to the Addendum be forwarded to Council for approval; 3. 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; 4. THAT, given that the application has been amended to request only temporary zoning rather than 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 the Addendum to 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: a':J. Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer L T*DJC'sh March 15, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 1501 , >, REPORT NO.: Addendum to PSD.Q51.Q1 PAGE 2 1.0 BACKGROUND 1.1 At a meeting held December 10, 2001, Council approved recommendation #GPA-585- 01, "THAT Report PSD-05-01 be tabled for three months to allow the applicant to address compliance". Mr. Tomina has requested temporary zoning at 2735 Hancock Road, to continue the use of a golf course driving range. As part of the review of this application it was noted that the Highway 2 frontage of the Tomina property has soil dumped, building materials stored and grass and weeds not cut. Staff had recommended that Council not adopt the by-law until the condition of the property had been addressed. 2.0 RESOLUTION OF COMPLIANCE ISSUE 2.1 Planning Staff conducted a site visit with the applicant and the applicant's lawyer, Dan Strike, on January 17, 2002, and noted that debris and garbage has been removed and the woodpiles have been neatly stacked. Discussion with the applicant, Mr. Tomina, indicates that the dirt piles will be transferred in part of the driving range area and the remainder of the piles will be properly graded to be a continuous berm. This work is currently underway and will be done by the end of June, 2002. The owner has submitted a written and witnessed undertaking stating the following: "In consideration of extending the temporary use permit for the above noted property the undersigned hereby undertakes by no later than June 30, 2002 to spread the top soil now piled in the southem half of the property over the driving range and to stockpile for future use the top soil not now required for the driving range in an orderly, low, windrow fashion to the satisfaction of the Municipal Planning Department". 2.2 The site plan agreement registered on this property for the communications tower, located on the south eastern portion of the property has been red-line revised to delete the piles of dirt shown in topographic detail, and replaced by a berm (windrow) as agreed to by the applicant in the undertaking noted above. A formal revision to site plan approval has been issued under the Planning Act. If necessary, the Municipality could take prosecutorial action under site plan agreement. 1502 , ". , REPORT NO.: Addendum to PSO-GS1-G1 PAGE 3 3.0 CONCLUSION 3.1 The applicant is proceeding in good faith to rectify the situation. In light of the signed undertaking, staff respectfully recommends that the temporary zoning by-law now be approved. Attachment 1 Report PSD-051-01 Attachment 2 Amending By-law Interested parties to be advised of Council's decision: Marko Tomina 2735 Hancock Road Courtice, Ontario Heather Parchment 2799 Hancock Road Courtice, Ontario L 1E 3K7 Dan Strike Strike, Salmers & Furlong Box 7 38 King Street West Bowmanville, Ontario L 1 C 3K8 1503 " ATTACHMENT 1 CI~-mgron REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 3,2001 Resolution #: Report #: PSD-051-01 File: ZBA 2001-014 By-law #: 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: ,~ i_ . r'if} ~~ L--z.1..- Reviewed bY<~ r J<.A.--'" Franklin Wu Chief Administrative Officer vi . Crame, M.C,LP.,R.P.P. Director, Planning Services SA *L T'DJC*sh November 21, 2001 1504 665 '. REPORT NO.: PSO-o51-o1 Page 2 1.0 APPLICATION DETAILS 1.1 Applicant: Marko Tomina 1.2 Owner; Gertrude T omina 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. 1S,J5 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 ap'plication 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. 1506 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 & 15J7 REPORT NO.: PSD-051-01 Page 5 Environmental Consultants, to conduct a Phase 1, 2 & 3 ESA. Grace & Associates submitted a summary of their work program, clean-up and final sampling results to the Municipality on September 18, 2001. 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 ofthe 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. 15:J8 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 15J9 REPORT NO.: PSD-051-01 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 1 C 3K8 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-O830 1510 " ATTACHMEINT 3 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: "Agricuttural (A)" to "Agricultural Exception (A-67)" as illustrated on the attachment Schedule "A" hereto. 3. Schedule "A" attached h"reto shall fom1 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 1511 This is Schedule "A" to By-law 2001- , passed this day of --.J 2001 A.D. Cl <( o ~ a:: B-.t- . ~ ~ ;;,..: () ioN o ~~ () z Z 0:{ I LOT 26 . CONCESSION 2 N7T26'3o"E 91.44 ~ $It)t' ~O'l i<lr'i O'l-.t- to t'l Z co I') .j- N N !ole/',> <'0'5cr.... DlJ~1t \o1M /-fIG ~W.A'\~ .368 ....r:? .7.J t;?Z2) ZONING CHANGE FROM "A" TO .. A-57" w b S' en It) ,..., ~ z John Mutton, W4JYOr h 50m 02550 o 100m Potti L Barrie. Municipal C1er1l; WAml SUBJECT SITE ~ 2735 HANCOCK ROAD LOT 26 LOT 25 ----' ' , NASH ROAD , L-- N ~ Z 0 ~ Ui . Ul z UJ ~ U Z 0 U DARLINGTON i t 1512 ." THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT 2 BY-LAW NO, 2002- 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 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 Section 6,1, 6,2 and 6.3, those lands zoned A-67 on the Schedules attached to this Bylaw 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 April 2, 2005, subject to the following zone regulations: I 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 Exception (A-54)" to "Agricultural Exception (A-67)" as illustrated on the attached Schedule "A" hereto, 3. Schedule "A" attached hereto shall form par! of the By-law. 4, This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act. BY-LAW read a first time this day of March 2002 BY-LAW read a second time this day of March 2002 BY-LAW read a third time and finally passed this day of March 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1513 ;"'1 '''---____-.....- , ...- ~----' This is Schedule "A" to By-law 2002- , passed this day of . 2002 A.D. Cl <( 0 ~ a::: 'g'<!- ~ . ~ 0"": U lo~ 0 ~ U z Z <( :r: LOT 26 , CONCESSION 2 N7Z26'3o"E 91.44 Io/e?-" <o's O'w DU~I-t "1M /jIG 'Ii/1t .If'L, .J6lj "r:? .7J ~ ZONING CHANGE FROM "A" TO "A-67" co I') .j- N N w '0 S' en It) ,..., ~ z John Mutton, Mayor h 50m 02550 o 100m Patti l. Barrie, ~unicipal Clerk = SUBJECT SITE ~ 2735 HANCOCK ROAO -----' , LOT 26 LOT 25 , NASH ROAD , '---- '" ~ ~ < z ~ o ~ z o Ui Ul W " Z o " DARLINGTON i t 1514