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Home My WebLink AboutPSD-116-05 C/JJ!-Wgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 3, 2005 Report #: PSD-116-05 File #: ZBA 2005-019 By-law #: Subject: ZONING BY-LAW AMENDMENT TO PERMIT TEMPORARY GOLF COURSE DRIVING RANGE APPLICANT: GERTRUD TOMINA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-116-05 be received; 2. THAT the rezoning application submitted by Gertrud Tomina, 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 be forwarded to Council for approval; 4. THAT a copy of Report PSD-116-05 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: R. dbdt<. ....,..tJ2~p " eVlewe . ~ L.{. Franklin Wu, Chief Administrative Officer , SAlDJC/lb September 27, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-116-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Gertrud Tomina 1.2 Rezoning: To rezone the subject lands to permit the continuation of a golf driving range as a temporary use. 2 1.3 Site Area: 3440 m 2.0 LOCATION 2.1 The subject lands are located at 2735 Hancock Road, 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 May 4, 2005 Gertrud Tomina submitted an application to the Municipality of Clarington to rezone the subject lot at 2735 Hancock Road to permit the continuation of a golf driving range. 3.2 The golf driving range has existed on this lot since 1998 when a temporary zoning by- law was approved for three (3) years. The zoning was approved for an additional three (3) years in 2002, and Mrs. Tomina has now applied for a further three (3) years. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is currently used as the Courtice Driving Range and has access from Hancock Road. 4.2 Surrounding Uses: North: Rural residential lots fronting on Hancock Road South: Vacant agricultural lands East: Rural residential lots fronting on Highway 2 and Solina Road West: Vacant agricultural lands 5.0 GREENBELT PLAN 5.1 Within the Greenbelt Plan the subject lands are designated “Protected Countryside” and a portion of the lands contain a Natural Heritage Feature. The Greenbelt Plan states that for lands within the Protected Countryside, existing uses that lawfully existed prior to the Greenbelt Plan are permitted. The owner is not proposing any change or expansion to the existing golf driving range and thus, as it has existed since 1998, it would conform. REPORT NO.: PSD-116-05 PAGE 3 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated “Major Open Space” in the Durham Region Official Plan. The predominant use of lands designated Major Open Space shall be conservation, recreation, reforestation, agriculture and far-related uses. A golf driving range would be considered a permitted use in this designation. 6.2 The Region has also reviewed the application with respect to the Greenbelt Plan and states that the application conforms. 6.3 The lands are designated “Green Space” in the Clarington Official Plan. Lands designated Green Space permit conservation and active and passive recreational uses. The application conforms to the policies. 7.0 ZONING BY-LAW 7.1 The subject lands were previously zoned “Agricultural Exception (A-67) Zone” which permits the existing single detached dwelling unit and a temporary golf driving range. This exception zone defines a Golf Driving Range as a facility for the purpose of developing golfing techniques, but excluding golf courses. The temporary zoning expired in April 2005 and has reverted to the original ‘A’ zone. The applicant would like to continue this business, thus a rezoning application was submitted in May 2005. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 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 property. 8.2 Public Notice was also posted on the Municipal website, and on the information screens in the main lobby of the Municipal Administrative Centre, running from September 2, 2005 to October 4, 2005. 8.3 No inquiries were received on this application. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Engineering Services, Emergency Services, Central Lake Ontario Conservation, Ministry of Transportation, and the Regional Planning, Works and Health Departments. 9.2 Engineering Services, Emergency Services, Regional Planning, Regional Work and Regional Health Departments have no objection to this application. 9.3 Central Lake Ontario Conservation has no objection to the rezoning application, but advise that a portion of this property is now part of the Maple Grove Provincially REPORT NO.: PSD-116-05 PAGE 4 Significant Wetland Complex. Future development and/or site alterations on these lands will require an Environmental Impact Study. 9.4 The Ministry of Transportation has not forwarded written comments regarding this application. Verbal comments were given on September 21, 2005 stating that MTO would approve a continuation of the temporary golf driving range. 10.0 STAFF COMMENTS 10.1 The “A-67” zoning on the subject property expired as of April 2, 2005. At that time Mr. Tomina had requested Council waive the application fees as he felt it onerous that due to the Ministry of Transportation designating the technically preferred Highway 401/407 link abutting his property, he was not permitted to have a permanent rezoning for the property. Mr. Tomina has previously applied for and received approval for a regional official plan amendment, two temporary zoning amendments and a site plan agreement. Council declined to waive the fees, so Mr. Tomina applied for this current application in May 2005. 10.2 The Ministry of Transportation (MTO) indicated through Mr. Tomina’s rezoning applications in 1993 and 2001 that a permanent golf driving range would impact the future development of the north-south connecting link between the Highways 401 and 407. At the 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. Comments from MTO remain unchanged at this time and still recommend only a temporary use by-law be approved. 10.3 There is an approved site plan agreement on the subject property that appears to be in good standing at this time. Staff has received no objections to or concerns with this application. 11.0 RECOMMENDATION 11.1 Based on the comments contained in this report, 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. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment List of interested parties to be advised of Council's decision: Gertrud Tomina THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-_____ 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 ZBA2005-019; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.Section 6.4 “SPECIAL EXCEPTION – AGRICULTURAL ZONE” is hereby amended by adding thereto the following new Special Exception 6.4.76 as follows: “6.4.76 AGRICULTURAL EXCEPTION (A-76) ZONE” Notwithstanding Sections 6.1 and 6.2, those lands zoned “A-76” on the attached Schedule to this By-law, 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 October 10, 2008, subject to the following zone regulations: a) Front Yard Setback (minimum) 5 metres” 2. Schedule “3” to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: “Agricultural (A) Zone” to “Agricultural Exception (A-76) Zone” as illustrated on the attached Schedule “A” hereto. 3. Schedule “A” attached hereto shall form part of the By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2005. BY-LAW read a second time this day of 2005. BY-LAW read a third time and finally passed this day of 2005. _________________________ John Mutton, Mayor _________________________ Patti L. Barrie, Clerk Attachment #1 To Report # PSD -116-05 c ct o a:: ~ (,) o (,) z ct :I: ~ , LOT 26 . , l ;::lr~=- =/,;,;.r,"'..g- :,',::".:"...::f"_"': =-~=--=rE.::. ;0:1::':'#".......- ~g~~ ii"~~~:.a. w=..,":,;;:,;r,:;t:. ......-.Ii!'.~~ ilJ'../i!'-. If.. 4-.. ./$t.. "". f\.) . iif.. . $J.~" ill'--... CJ1 ilJ'.. ilJ'. ,ilI"". _-~= iII"" .....$J., 1~':'Sl: ..~~." r- () -1 .;;;~f~==~~~'~- , .........--1 ..1 ~._~ --...~- ---- ---.c. Ol.J~/fA, ~~.. 4f /fIG/f1lV. ~l'< .'V~ .0 Of ......"""""CW>'Ul(:~.~'O ft" _~11<r ~""'"~"""'''''''OO I"O.OI'O~'~ 0_0_"_ "01< Cl..""""O<< LH< '<T~."""'''' .",," ..".'''.'' -. SITE 'QO:>cN'SPACc -2 , I ._r._' , i; .j" " , , ~ i i I I .~ ---- ~ Darlington Key Map I NASH I ROAD I HI IIII111I1I1 IL ZBA 2005-019 Zoning By-law Amendment '" u o u z ., I Owner: Gertrude Tomina Applicant: Mark Tomina Attachment #2 To Report # PSD-116-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-_ 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 ZBA2005-019; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. Section 6.4 "SPECIAL EXCEPTION - AGRICULTURAL ZONE" is hereby amended by adding thereto the following new Special Exception 6.4.76 as follows: "6.4.76 AGRICULTURAL EXCEPTION (A-76) ZONE" Notwithstanding Sections 6.1 and 6.2, those lands zoned "A-76" on the attached Schedule to this By-law, 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 October 10, 2008, subject to the following zone regulations: a) Front Yard Setback (minimum) 5 metres" 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricuiturai (A) Zone" to "Agricultural Exception (A-76) Zone" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Pianning Act. BY-LAW read a first time this day of 2005. BY-LAW read a second time this day of 2005. BY-LAW read a third time and finally passed this day of 2005. John Mutton, Mayor Patti L. Barrie, Clerk Attachment #2 To Report # PSD-116-05 This is Schedule "A" to By-law 2005- , passed this day of ,2005 A.D. , -- LOT 26 ~ ~ Zoning Change From "A" To "A-76" \ I . ~ I -~~ John Mutton, Moyor Patti l. Barrie, Municipal Clerk D~ 5' '" z << J I( Darlington